II 

108TH CONGRESS 

2D SESSION S. 2229 

To authorize appropriations for fiscal year 2005 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2004, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 24, 2004 

Mr. WARNER (for himself and Mr. LEVIN) (by request) introduced the following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To authorize appropriations for fiscal year 2005 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2004, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2005’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 (a) DIVISIONS.—This Act is organized into two divi8 sions as follows: 
2 

S 2229 IS 

1 (1) Division A—Department of Defense Au2 thorizations. 

3 (2) Division B—Military Construction Author4 izations. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Multiyear Procurement Authorization 

Sec. 111. Multiyear procurement authority for the light weight 155 millimeter 

howitzer program. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Ballistic Missile Defense 

Sec. 211. Funding for Missile Defense Agency. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Armed Forces Retirement Home. 

Sec. 304. Other Department of Defense programs. 

Subtitle B—Environmental Provisions 

Sec. 311. Delegation of authority to the states to make certain environmental 

restoration determinations. 

Sec. 312. Periodic audits of Superfund transactions. 

Sec. 313. Payment of private cleanup costs. 

Sec. 314. Removal to federal court of Clean Air Act and Safe Drinking Water 

Act cases. 
3 

S 2229 IS 

Sec. 315. Reimbursement to the Environmental Protection Agency for certain 

costs in connection with the Moses Lake, Washington Superfund site. 

Sec. 316. Prohibiting judicial review of incomplete CERCLA cleanup actions. 

Sec. 317. Protection of sunken state craft and the remains of their crews. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Exclusion of certain expenditures from percentage limitation on contracting for performance of depot-level maintenance and repair 

workloads. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. New title for the Vice-Chief of the National Guard Bureau. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2005 limitation on number of non-dual status technicians. 

Sec. 415. Special rule for computing the high-36 month average for Reserve 

component members. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Transition of active-duty list officer force to all regular status. 

Sec. 502. Strength in grade: commissioned officers in grades below brigadier 

general or rear admiral (lower half) in an active status. 

Sec. 503. Joint duty credit required for promotion to flag or general officer. 

Sec. 504. Revised promotion policy objectives for joint officers. 

Sec. 505. Modify length of joint duty assignments. 

Sec. 506. Management of joint specialty officers. 

Sec. 507. Eliminate distribution quotas for general and flag officers serving in 

the grades of O–7 and O–8. 

Sec. 508. Eliminate mandatory retirement of active duty general and flag officers after 30 years of service. 

Sec. 509. Length of terms for the Assistants to the Chairman of the Joint 

Chiefs of Staff for National Guard and Reserve Matters. 

Sec. 510. Length of service for the senior leaders of the military departments. 

Sec. 511. Extending age limits for active duty general and flag officers. 

Sec. 512. Lateral reassignment of certain generals and admirals. 

Sec. 513. Length of service for the Chairman and Vice Chairman of the Joint 

chiefs of staff. 

Sec. 514. Promotion policy objectives for joint officers. 

Subtitle B—Reserve Component Management 

Sec. 521. Revised concept of inactive duty and repeal of funeral honors duty. 

Sec. 522. Authorized strengths of Navy and Marine Corps reserve flag and general officers. 

Sec. 523. Mandatory retention on active duty to qualify for retirement pay. 
4 

S 2229 IS 

Sec. 524. Amendment to the purpose of the reserve components. 

Sec. 525. Accounting and management of National Guard and reserve personnel performing active or full-time duty. 

Sec. 526. Waive requirement that reserve chiefs and National Guard directors 

must have significant joint duty experience. 

Sec. 527. Extending age limits for reserve and National Guard general and flag 

officers. 

Sec. 528. Expanded use of reserve component members to perform developmental testing and new equipment training. 

Subtitle C—ROTC and Military Service Academies 

Sec. 531. Institutions of higher education that prevent ROTC access or military 

recruiting on campus; equal treatment with other employers. 

Sec. 532. Board of Visitors; United States Air Force Academy; United States 

Military Academy; United States Naval Academy. 

Sec. 533. Dean of the Faculty; Dean of Academic Board. 

Sec. 534. Repeal of requirement that military academy superintendents retire 

after assignment. 

Subtitle D—Other Military Education and Training Matters 

Sec. 541. Education loan repayments for health professions officers of the reserve components. 

Sec. 542. Conferral of degrees to graduates of the Community College of the 

Air Force. 

Sec. 543. Three year educational leave of absence. 

Sec. 544. Length of phase II joint professional military education. 

Sec. 545. Changing the titles of the heads of the Naval Postgraduate School. 

Sec. 546. New mission statement and expanded eligibility for enlisted personnel 

at the Naval Postgraduate School. 

Sec. 547. Change in Department of Defense schools enrollment for children of 

locally-hired employees working overseas. 

Subtitle E—Administrative Matters 

Sec. 551. Annual report to Congress concerning joint officer management. 

Sec. 552. Revised definitions applicable to joint duty. 

Sec. 553. Federal write-in ballots for absent military voters located in the 

United States. 

Subtitle F—Military Justice Matters 

Sec. 561. Waive time lost when a member is acquitted, released without trial, 

or has his conviction set-aside or reversed on appeal. 

Sec. 562. Change in Uniform Code of Military Justice relating to blood alcohol 

concentration. 

Subtitle G—Benefits 

Sec. 571. Immediate lump sum reimbursement for unusual nonrecurring expenses outside the continental United States. 

Sec. 572. Repeal of requirement to pay subsistence charges while hospitalized. 

Subtitle H—Other Matters 

Sec. 581. Release of taxpayer addresses to help locate individuals with military 

service obligations. 
5 

S 2229 IS 

Sec. 582. Alternate initial military service obligation for persons with specialized skills. 

Sec. 583. Basic training requirement for certain members with specialized 

skills. 

Sec. 584. Eliminate mandatory terms of office for certain general and flag staff 

officers. 

Sec. 585. Prohibit court-ordered payments before retirement based on imputation of retired pay. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Termination of assignment incentive pay for members on terminal 

leave. 

Sec. 602. More flexible retirement rules for military officers. 

Sec. 603. More flexible computation of retired pay for officers and senior enlisted members. 

Sec. 604. Eliminate retired pay limit applicable to general and flag officers. 

Sec. 605. Grant basic allowance for housing waivers for 12 months or less on 

permanent change of station assignments that are principally 

for education or training. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pays for reserve 

forces. 

Sec. 612. Bonus for officers to serve in the Selected Reserve in a critical skill 

or manpower shortage. 

Sec. 613. Critical skills retention bonus; eligibility of members serving on indefinite reenlistment. 

Sec. 614. Foreign language proficiency pay. 

Sec. 615. Repayment of unearned portions of bonuses, special pays, and educational benefits. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Lodging costs incurred in connection with student dependent travel. 

Sec. 622. Expanded travel and transportation allowances for family members to 

attend burial ceremonies. 

Subtitle D—Other Matters 

Sec. 631. Protection against double taxation for service members absent from 

their residence or domicile solely by reason of compliance with 

military orders. 

Sec. 632. Accumulation of annual leave by intelligence senior level employees. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Exemption of nonappropriated fund health benefits program from 

non-federal laws, taxes, and mandates. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 
6 

S 2229 IS 

Sec. 801. Defense acquisition workforce changes. 

Sec. 802. Delegation to the Defense Contract Management Agency to make determinations concerning restructuring costs. 

Sec. 803. Disposal of excess and obsolete materials contained in the national 

defense stockpile. 

Sec. 804. Privatization of military utilities located on non-federal land. 

Sec. 805. Elimination of delays in assignment of real property to federal sponsoring agencies for public benefit conveyances. 

Sec. 806. Treatment of certain former military installation lands as 

HUBZones. 

Sec. 807. Repeal of redundant limitations on the procurement of totally enclosed lifeboats. 

Sec. 808. Amendments to Small Business Competitiveness Demonstration Program Act of 1988; streamlining data collection. 

Sec. 809. Demonstration programs using design-build contracts. 

Sec. 810. Two-year extension of laboratory revitalization demonstration program. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 821. Transportation of Department of Defense passengers or supplies by 

air carriers. 

Sec. 822. One-year extension of program applying simplified procedures to certain commercial items. 

Sec. 823. Pilot authority for follow-on production agreements relating to certain 

prototype projects. 

Sec. 824. Charging of fees for logistical data. 

Sec. 825. Sale and exchange of missile propellants and electricity. 

Sec. 826. Elimination of solicitation issuance delay. 

Sec. 827. Pilot program to contract with local governments for services. 

Sec. 828. Procurement of Ball and roller bearings. 

Sec. 829. Increased threshold for awarding contracts under other than competitive procedures. 

Sec. 830. Increased threshold for requiring contractors to provide specified employee information to cooperative agreement holders. 

Sec. 831. Limitation on task and delivery order contracts. 

Sec. 832. Obligation of performance bond surety upon default of contractor. 

Subtitle C—Acquisition-Related Reports and Other Matters 

Sec. 841. Streamlining real property transactions. 

Sec. 842. Repeal of annual reporting requirement concerning management of 

depot employees. 

Sec. 843. Simplification of annual reporting requirements concerning funds expended for depot maintenance and repair workloads. 

Sec. 844. Small business programs: change of office title. 

Sec. 845. Provisions relating to real property. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Duties and Functions of Department of Defense Officers 

Sec. 901. Transfer of responsibility for the assembled chemical weapons alternatives program. 
7 

S 2229 IS 

Sec. 902. Expanded eligibility to serve as the Deputy Chief of Naval Operations 

and Assistant Chief of Naval Operations. 

Sec. 903. Repeal of required periodic Inspector General audits of undefinitized 

contractual actions. 

Sec. 904. Repeal of mandatory Inspector General review of advisory and assistance services contract waivers. 

Sec. 905. Chain of succession for the Chief, National Guard Bureau. 

Subtitle B—Reports 

Sec. 911. Repeal of quarterly reporting requirement concerning payments for 

District of Columbia water and sewer services. 

Sec. 912. Repeal of reporting requirement concerning the Cooperative Threat 

Reduction Program. 

Sec. 913. Repeal of annual reporting requirement concerning threat posed by 

weapons of mass destruction, ballistic missiles, and cruise missiles. 

Subtitle C—Other Matters 

Sec. 921. Manpower and budget issues in the Defense Prisoner of War/Missing 

Personnel Office. 

Sec. 922. Three-year extension of mentor-protege program. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Repeal of requirement for separate budget request for procurement 

of Reserve equipment. 

Sec. 1002. Repeal of requirement for two-year budget cycle for the Department 

of Defense. 

Sec. 1003. Extension of authority to provide war risk insurance for merchant 

marine vessels. 

Sec. 1004. Capture of all expired funds from the military personnel and operation and maintenance appropriations accounts for use in the 

foreign currency fluctuations account. 

Sec. 1005. Reimbursement for use of personal cellular telephones when used for 

official government business. 

Sec. 1006. Purchase of promotional items of nominal value for recruitment purposes. 

Sec. 1007. Microclaim waiver authority. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Exchange and sale of obsolete Navy service craft and boats. 

Sec. 1012. Award contracts for ship dismantling on net cost basis. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Use of two-year extension of counterdrug funds for counterterrorism in Colombia. 

Subtitle D—Other Department of Defense Provisions 

Sec. 1031. Control and supervision of transportation within the Department of 

Defense. 
8 

S 2229 IS 

Subtitle E—Other Matters 

Sec. 1041. Repeal of prohibition on contracts for performance of security-guard 

functions. 

Sec. 1042. Establishment of auxiliaries within the military departments. 

Sec. 1043. National Defense Heritage Foundation. 

Sec. 1044. Use of military aircraft to transport mail to and from overseas locations. 

Sec. 1045. Use of the national driver register for personnel security investigations and determinations. 

Sec. 1046. Conforming amendments to general definitions. 

Sec. 1047. Use of Department of Defense fitness facilities by contract workers. 

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL 

Sec. 1101. Priority placement of displaced civilian employees. 

Sec. 1102. Employment preference for spouses of civilian employees. 

Sec. 1103. Pay parity for civilian intelligence personnel. 

Sec. 1104. Pay parity for senior executives in DoD nonappropriated fund instrumentalities. 

Sec. 1105. Prohibit unauthorized wearing, manufacture, or sale of civilian medals or decorations. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

Subtitle A—Matters Related to Arms Control and Monitoring 

Sec. 1201. Humanitarian assistance with respect to the detection and clearance 

of landmines and explosive remnants of war. 

Subtitle B—Matters Related to Allies and Friendly Foreign Nations 

Sec. 1211. Improving airspace control and management in the Caucasus and 

Central Asia. 

Sec. 1212. George C. Marshall European Center for Security Studies. 

Subtitle C—Other Matters 

Sec. 1221. Repeal of the annual reporting requirement concerning the activities 

of Chinese military companies operating in the United States. 

Sec. 1222. Repeal of reporting requirement concerning special operations forces 

training with friendly foreign forces. 

Sec. 1223. Foreign military AIDS advocacy, awareness, and prevention activities. 

Sec. 1224. Repeal of the authorization for the establishment of the Center for 

the Study of Chinese Military Affairs. 

Sec. 1225. Use of donated property for humanitarian assistance purposes. 

Sec. 1226. Assignment of foreign Navy personnel to submarine safety research 

and development programs. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES 

OF THE FORMER SOVIET UNION 

Sec. 1301. Authority to waive conditions limiting support for chemical weapons 

destruction facility in Russia. 

TITLE XIV—HOMELAND SECURITY 
9 

S 2229 IS 

Sec. 1401. Repeal of funding restrictions concerning development of medical 

countermeasures against biological warfare threats. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Improvements to military family housing units. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—CHEMICAL DEMILITIZATION CONSTRUCTION, 

DEFENSE 

Sec. 2601. Authorized Chemical Demilitarization construction and land acquisition projects. 

Sec. 2602. Authorization of appropriations, Chemical Demilitarization Construction. 

TITLE XXVII—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2701. Authorized Guard and Reserve construction and land acquisition 

projects. 

TITLE XXVIII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 
10 

S 2229 IS 

Sec. 2801. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2802. Extension of authorizations of certain fiscal year 2002 projects. 

Sec. 2803. Extension of authorizations of certain fiscal year 2001 projects. 

TITLE XXIX—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2901. Alternative authority for acquisition and improvement of military 

housing. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2911. Establishment of Museum Center of the National Museum of the 

United States Army. 

Sec. 2912. Exchange or sale of reserve component facilities in return for replacement facilities. 

Subtitle C—Other Matters 

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

1 TITLE I—PROCUREMENT 

2 Subtitle A—Authorization of Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2005 for procurement for the Army as follows: 

6 (1) For aircraft, $2,658,241,000. 

7 (2) For missiles, $1,398,321,000. 

8 (3) For weapons and tracked combat vehicles, 

9 $1,639,695,000. 

10 (4) For ammunition, $1,556,902,000. 

11 (5) For other procurement, $4,240,896,000. 

12 SEC. 102. NAVY AND MARINE CORPS. 

13 (a) NAVY.—Funds are hereby authorized to be appro14 priated for fiscal year 2005 for procurement for the Navy 

15 as follows: 
11 

S 2229 IS 

1 (1) For aircraft, $8,767,867,000. 

2 (2) For weapons, including missiles and tor3 pedoes, $2,101,529,000. 

4 (3) For shipbuilding and conversion, 

5 $9,962,027,000. 

6 (4) For other procurement, $4,834,278,000. 

7 (b) MARINE CORPS.—Funds are hereby authorized to 

8 be appropriated for fiscal year 2005 for procurement for 

9 the Marine Corps in the amount of $1,190,103,000. 

10 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

11 are hereby authorized to be appropriated for fiscal year 

12 2005 for procurement of ammunition for the Navy and 

13 Marine Corps in the amount of $858,640,000. 

14 SEC. 103. AIR FORCE. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2005 for procurement for the Air Force as fol17 lows: 

18 (1) For aircraft, $13,163,174,000. 

19 (2) For missiles, $4,718,313,000. 

20 (3) For procurement of ammunition, 

21 $1,396,457,000. 

22 (4) For other procurement, $13,283,557,000. 
12 

S 2229 IS 

1 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2005 for Defense-wide procurement in the 

4 amount of $2,883,302,000. 

5 Subtitle B—Multiyear Procurement 

6 Authorization 

7 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE 

8 LIGHT WEIGHT 155 MILLIMETER HOWITZER 

9 PROGRAM. 

10 The Secretary of the Navy may, in accordance with 

11 section 2306b of title 10, United States Code, enter into 

12 a multiyear contract, beginning with the fiscal year 2005 

13 program year, for procurement of the light weight 155 

14 millimeter howitzer. 

15 TITLE II—RESEARCH, DEVELOP16 MENT, TEST, AND EVALUA17 TION 

18 Subtitle A—Authorization of 

19 Appropriations 

20 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2005 for the use of the Department of Defense 

23 for research, development, test, and evaluation, as follows: 

24 (1) For the Army, $9,266,258,000. 

25 (2) For the Navy, $16,346,391,000. 

26 (3) For the Air Force, $21,114,667,000. 
13 

S 2229 IS 

1 (4) For Defense-wide activities, 

2 $21,044,972,000, of which $305,135,000 is author3 ized for the Director of Operational Test and Eval4 uation. 

5 Subtitle B—Ballistic Missile 

6 Defense 

7 SEC. 211. FUNDING FOR MISSILE DEFENSE AGENCY. 

8 (a) Funds appropriated under the heading ‘‘Re9 search, Development, Test and Evaluation, Defense10 Wide’’ for the Missile Defense Agency may, upon approval 

11 by the Secretary of Defense, be used for the development 

12 and fielding of ballistic missile defense capabilities. 

13 (b) This section shall be effective for fiscal years after 

14 Fiscal Year 2004. 

15 TITLE III—OPERATION AND 

16 MAINTENANCE 

17 Subtitle A—Authorization of 

18 Appropriations 

19 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2005 for the use of the Armed Forces and other 

22 activities and agencies of the Department of Defense for 

23 expenses, not otherwise provided for, for operation and 

24 maintenance, in amounts as follows: 

25 (1) For the Army, $26,133,411,000. 
14 

S 2229 IS 

1 (2) For the Navy, $29,789,190,000. 

2 (3) For the Marine Corps, $3,632,115,000. 

3 (4) For the Air Force, $28,471,260,000. 

4 (5) For Defense-wide activities, 

5 $17,494,076,000. 

6 (6) For the Army Reserve, $2,008,128,000. 

7 (7) For the Naval Reserve, $1,240,038,000. 

8 (8) For the Marine Corps Reserve, 

9 $188,696,000. 

10 (9) For the Air Force Reserve, $2,239,790,000. 

11 (10) For the Army National Guard, 

12 $4,440,686,000. 

13 (11) For the Air National Guard, 

14 $4,422,838,000. 

15 (12) For the United States Court of Appeals 

16 for the Armed Forces, $10,825,000. 

17 (13) For Environmental Restoration, Army, 

18 $400,948,000. 

19 (14) For Environmental Restoration, Navy, 

20 $266,820,000. 

21 (15) For Environmental Restoration, Air Force, 

22 $397,368,000. 

23 (16) For Environmental Restoration, Defense24 wide, $23,684,000. 
15 

S 2229 IS 

1 (17) For Environmental Restoration, Formerly 

2 Used Defense Sites, $216,516,000. 

3 (18) For Overseas Humanitarian, Disaster, and 

4 Civic Aid programs, $59,000,000. 

5 (19) For Cooperative Threat Reduction pro6 grams, $409,200,000. 

7 (20) For Overseas Contingency Operations 

8 Transfer Fund, $30,000,000. 

9 SEC. 302. WORKING CAPITAL FUNDS. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2005 for the use of the Armed Forces and other 

12 activities and agencies of the Department of Defense for 

13 providing capital for working capital and revolving funds 

14 in amounts as follows: 

15 (1) For the Defense Working Capital Funds, 

16 $1,685,886,000. 

17 (2) For the National Defense Sealift Fund, 

18 $1,269,252,000. 

19 SEC. 303. ARMED FORCES RETIREMENT HOME. 

20 There is hereby authorized to be appropriated for fis21 cal year 2005 from the Armed Forces Retirement Home 

22 Trust Fund the sum of $61,195,000 for the operation of 

23 the Armed Forces Retirement Home. 
16 

S 2229 IS 

1 SEC. 304. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

2 (a) DEFENSE HEALTH PROGRAM.—Funds are here3 by authorized to be appropriated for the Department of 

4 Defense for fiscal year 2005 for expenses, not otherwise 

5 provided for, for the Defense Health Program, 

6 $17,640,411,000, of which— 

7 (1) $17,203,369,000 is for Operation and 

8 Maintenance; 

9 (2) $72,407,000 is for Research, Development, 

10 Test, and Evaluation; and 

11 (3) $364,635,000 is for Procurement. 

12 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC13 TION.—(1) Funds are hereby authorized to be appro14 priated for the Department of Defense for fiscal year 2005 

15 for expenses, not otherwise provided for, for Chemical 

16 Agents and Munitions Destruction, $1,371,990,000, of 

17 which— 

18 (A) $1,138,801,000 is for Operation and Main19 tenance; 

20 (B) $154,209,000 is for Research, Develop21 ment, Test, and Evaluation; and 

22 (C) $78,980,000 is for Procurement. 

23 (2) Amounts authorized to be appropriated under 

24 paragraph (1) are authorized for— 

25 (A) the destruction of lethal chemical agents 

26 and munitions in accordance with section 1412 of 
17 

S 2229 IS 

1 the Department of Defense Authorization Act, 1986 

2 (50 U.S.C. 1521); and 

3 (B) the destruction of chemical warfare mate4 riel of the United States that is not covered by sec5 tion 1412 of such Act. 

6 (c) DRUG INTERDICTION AND COUNTER-DRUG AC7 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

8 to be appropriated for the Department of Defense for fis9 cal year 2005 for expenses, not otherwise provided for, for 

10 Drug Interdiction and Counter-Drug Activities, Defense11 wide, $852,697,000. 

12 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

13 hereby authorized to be appropriated for the Department 

14 of Defense for fiscal year 2005 for expenses, not otherwise 

15 provided for, for the Office of the Inspector General of 

16 the Department of Defense, $244,562,000, of which— 

17 (1) $242,362,000 is for Operation and Mainte18 nance; 

19 (2) $100,000 is for Research, Development, 

20 Test, and Evaluation; and 

21 (3) $2,100,000 is for Procurement. 
18 

S 2229 IS 

1 Subtitle B—Environmental 

2 Provisions 

3 SEC. 311. DELEGATION OF AUTHORITY TO THE STATES TO 

4 MAKE CERTAIN ENVIRONMENTAL RESTORA5 TION DETERMINATIONS. 

6 Subparagraph (3)(B) of subsection (h) of section 120 

7 of the Comprehensive Environmental Response, Com8 pensation, and Liability Act of 1980, Public Law 96–510 

9 (42 U.S.C. 9620), as amended, is amended— 

10 (1) by inserting ‘‘(in the case of sites at a Fed11 eral facility that is listed on the National Priorities 

12 List), or the Governor of the State in which the fa13 cility is located (in the case of sites at a Federal fa14 cility not listed on the National Priorities List),’’ 

15 after ‘‘Administrator’’ the first place it appears; 

16 (2) by inserting ‘‘or the Governor, as appro17 priate,’’ after ‘‘Administrator’’ the second place it 

18 appears; and 

19 (3) by inserting ‘‘ the Governor, as appro20 priate,’’ after ‘‘Administrator’’ the third place it ap21 pears. 
19 

S 2229 IS 

1 SEC. 312. PERIODIC AUDITS OF SUPERFUND TRANS2 ACTIONS. 

3 Section 111(k) of the Comprehensive Environmental 

4 Response, Compensation, and Liability Act of 1980 (42 

5 U.S.C. 9611(k)) is amended to read as follows: 

6 ‘‘(k) The Inspector General of each department or 

7 agency to which responsibility to obligate money in the 

8 Fund is delegated shall conduct a periodic audit of all pay9 ments, obligations, reimbursements, or other uses of the 

10 Fund, to assure that the Fund is being properly adminis11 tered and that claims are being appropriately and expedi12 tiously considered. Each Inspector General shall submit 

13 to the Congress a report of the audit. Each Inspector Gen14 eral shall provide such auditing of the Fund as is appro15 priate to minimize the risk of mismanagement. Each Fed16 eral agency shall cooperate with the Inspector General in 

17 carrying out this subsection.’’. 

18 SEC. 313. PAYMENT OF PRIVATE CLEANUP COSTS. 

19 (a) AUTHORITY TO PAY FOR SERVICES.—Section 

20 2701(d) of title 10, United States Code, is amended— 

21 (1) in paragraph (1), by striking ‘‘tribe,’’ both 

22 places it appears and inserting ‘‘tribe, owner of cov23 enant property,’’; and 

24 (2) in paragraph (4), by adding at the end the 

25 following new subparagraph: 
20 

S 2229 IS 

1 ‘‘(C) The term ‘owner of covenant property’ 

2 means an owner of property subject to a covenant 

3 provided by the United States in accordance with 

4 the requirements of section 120(h)(3)(A)(ii)(II) of 

5 CERCLA: Provided, however, That the covenant 

6 property also is the site of the services to be per7 formed.’’. 

8 (b) SOURCE OF FUNDS FOR COVENANT PROP9 ERTY.—Section 2703 of such title is amended— 

10 (1) in subsection (g)(1), by striking ‘‘The’’ and 

11 inserting ‘‘Except as provided in subsection (h), 

12 the’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL

16 REMEDIATION SERVICES AT BASE REALIGNMENT AND

17 CLOSURE SITES.—In the case of property disposed of in 

18 accordance with a base closure law, the sole source of 

19 funds for services obtained under section 2701(d)(1) of 

20 this title shall be the applicable base closure account estab21 lished under such base closure law.’’. 

22 SEC. 314. REMOVAL TO FEDERAL COURT OF CLEAN AIR 

23 ACT AND SAFE DRINKING WATER ACT CASES. 

24 (a) RIGHT OF REMOVAL TO FEDERAL COURT OF

25 CLEAN AIR ACT CASES TO FEDERAL COURT.—Section 
21 

S 2229 IS 

1 118(a) of the Clean Air Act (42 U.S.C. 7418(a)), is 

2 amended by adding at the end the following new sentence: 

3 ‘‘Nothing in this act shall be construed to prevent any de4 partment, agency, or instrumentality of the Federal Gov5 ernment, or any officer, agent, or employee thereof in the 

6 performance of his official duties, from removing to the 

7 appropriate Federal district court any proceeding in State 

8 court to which the department, agency, or instrumentality 

9 or officer, agent, or employee thereof is subject pursuant 

10 to this subsection, and any such proceeding may be re11 moved in accordance with section 1441 et seq. of title 28, 

12 United States Code.’’. 

13 (b) RIGHT OF REMOVAL TO FEDERAL COURT OF

14 SAFE DRINKING WATER ACT CASES TO FEDERAL

15 COURT.—Section 1447 of the Safe Drinking Water Act 

16 (42 U.S.C. 300j–6) is amended by adding at the end the 

17 following new subsection: 

18 ‘‘(f) REMOVAL.—Nothing in this act shall be con19 strued to prevent any department, agency, or instrumen20 tality of the Federal Government, or any officer, agent, 

21 or employee thereof in the performance of his official du22 ties, from removing to the appropriate Federal district 

23 court any proceeding in State court to which the depart24 ment, agency, or instrumentality or officer, agent, or em25 ployee thereof is subject pursuant to subsection (a), and 
22 

S 2229 IS 

1 any such proceeding may be removed in accordance with 

2 section 1441 et seq. of title 28, United States Code.’’. 

3 (c) APPLICATION.—The amendments made by this 

4 section shall apply to any action filed in a State court after 

5 the effective date of this section. 

6 SEC. 315. REIMBURSEMENT TO THE ENVIRONMENTAL PRO7 TECTION AGENCY FOR CERTAIN COSTS IN 

8 CONNECTION WITH THE MOSES LAKE, WASH9 INGTON SUPERFUND SITE. 

10 (a) AUTHORITY.—Using funds described in sub11 section (b), the Secretary of Defense may transfer not 

12 more than $524,926.54 to the Moses Lake Wellfield 

13 Superfund Site 10–6J Special Account. This payment is 

14 to reimburse the United States Environmental Protection 

15 Agency for its costs including interest incurred in over16 seeing a remedial investigation/feasibility study performed 

17 by the Department of the Army under the Defense Envi18 ronmental Restoration Program at the former Larson Air 

19 Force Base, Moses Lake Superfund Site, Moses Lake, 

20 Washington. Such reimbursement is provided for in the 

21 Interagency Agreement entered into by the Department 

22 of the Army and the Environmental Protection Agency for 

23 the Moses Lake Site, in March, 1999. 

24 (b) SOURCE OF FUNDS.—Any payment under sub25 section (a) shall be made using funds authorized to be ap-
23 

S 2229 IS 

1 propriated by paragraph 18 of section 301 of this act for 

2 Environmental Restoration, Formerly Used Defense Sites. 

3 EPA shall retain and use the transferred amount to pay 

4 for costs the Agency has incurred or will incur at the 

5 Moses Lake Wellfield Superfund site. 

6 SEC. 316. PROHIBITING JUDICIAL REVIEW OF INCOMPLETE 

7 CERCLA CLEANUP ACTIONS. 

8 Subsection (h) of section 113 of the Comprehensive 

9 Environmental Response, Compensation, and Liability Act 

10 of 1980, Public Law 96–510 (42 U.S.C. 9613, as amend11 ed), is amended by inserting ‘‘(which includes responses 

12 under section 120),’’ after ‘‘section 104’’ in each of the 

13 two places it appears. 

14 SEC. 317. PROTECTION OF SUNKEN STATE CRAFT AND THE 

15 REMAINS OF THEIR CREWS. 

16 (a) FINDINGS AND PURPOSE.—The Congress de17 clares and finds the following: 

18 (1) A vital part of the United States maritime 

19 heritage consists of thousands of United States 

20 sunken State craft, wherever located. 

21 (2) Sunken State craft are often the final rest22 ing places of the crew and others who perished when 

23 the sunken State craft sank. 
24 

S 2229 IS 

1 (3) Sunken State craft also may be objects of 

2 an archaeological, historical, scientific, or cultural 

3 nature. 

4 (4) Sunken State craft may contain unexploded 

5 ordnance, which could pose a danger if disturbed, 

6 and substances which, if released, could cause harm 

7 to the marine environment, and public health. 

8 (5) There is a growing concern both in the 

9 United States and internationally that advances in 

10 science and technology have facilitated access to 

11 sunken State craft, resulting in their unauthorized 

12 disturbance. 

13 (6) It is in the interest of the United States to 

14 preserve its maritime heritage by providing for the 

15 protection of United States sunken State craft wher16 ever located, foreign sunken State craft located in 

17 United States Waters, and encouraging other na18 tions to protect United States sovereignty and own19 ership of United States sunken State craft located 

20 outside United States Waters. 

21 (7) Sunken State craft indefinitely remain the 

22 property of the flag State unless formal action is 

23 taken by the flag State to abandon ownership or 

24 transfer title to another person. 
25 

S 2229 IS 

1 (b) DEFINITIONS.—For the purposes of this section: 

2 (1) The term ‘‘sunken State craft’’ means any 

3 sunken State vessel, sunken State aircraft, associ4 ated contents, or any portion thereof, title to which 

5 has not been abandoned or transferred in a manner 

6 prescribed by the flag State. 

7 (2) The term ‘‘sunken State vessel’’ means any 

8 warship, naval auxiliary, or other public vessel with9 in the meaning of the Public Vessels Act (46 U.S.C. 

10 App. 781–790) and/or vessels operated by or for the 

11 United States within the meaning of the Suits in 

12 Admiralty Act (46 U.S.C. App. 741–750) and such 

13 warship, naval auxiliary or public vessel of a foreign 

14 State that sank while in government noncommercial 

15 service. 

16 (3) The term ‘‘sunken State aircraft’’ means 

17 any military aircraft or other aircraft, including 

18 spacecraft, owned or operated by the United States 

19 or a foreign State, that sank while in government 

20 noncommercial service. 

21 (4) The term ‘‘associated contents’’ means the 

22 equipment, cargo, and all contents on board the 

23 sunken State craft, as well as the remains and per24 sonal effects of the crew and others on board the 

25 sunken State craft when it sank. 
26 

S 2229 IS 

1 (5) The term ‘‘person’’ means an individual, 

2 corporation, partnership, trust, institution, associa3 tion, or any other public or private entity, whether 

4 foreign or domestic. 

5 (6) The term ‘‘Head of Agency’’ means the gov6 ernment official having authority, delegated or oth7 erwise granted, over any sunken State craft. 

8 (7) The term ‘‘United States Waters’’ com9 prises United States Internal Waters, the United 

10 States Territorial Sea, and the United States Con11 tiguous Zone. 

12 (8) The term ‘‘United States Internal Waters’’ 

13 means all waters of the United States on the land14 ward side of the baseline from which the breadth of 

15 the United States Territorial Sea is measured. 

16 (9) The term ‘‘United States Territorial Sea’’ 

17 means the waters extending 12 nautical miles sea18 ward of the baseline from which the breadth of the 

19 United States Territorial Sea is measured. 

20 (10) The term ‘‘United States Contiguous 

21 Zone’’ means the contiguous zone of the United 

22 States as defined in Presidential Proclamation 7219, 

23 September 2, 1999. 

24 (11) The term ‘‘United States Exclusive Eco25 nomic Zone’’ means the exclusive economic zone of 
27 

S 2229 IS 

1 the United States as defined in Presidential Procla2 mation 5030, March 10, 1983. 

3 (12) The term ‘‘United States Outer Conti4 nental Shelf’’ means all submerged lands lying sea5 ward and outside of the area of lands beneath navi6 gable waters as defined in section 2 of the Outer 

7 Continental Shelf Lands Act (43 U.S.C. 1331). 

8 (c) SCOPE.—This section shall apply to— 

9 (1) United States citizens, other persons over 

10 which the United States exercises jurisdiction, 

11 United States flagged or registered vessels, vessels 

12 owned or operated by United States citizens or other 

13 persons over which the United States exercises juris14 diction, and Stateless vessels or vessels assimilated 

15 to a vessel without nationality, engaging in activities 

16 directed at any sunken State craft wherever located; 

17 and 

18 (2) foreign nationals and foreign flagged or reg19 istered vessels— 

20 (A) engaging in activities directed at sunk21 en State craft located within the United States 

22 Territorial Sea or United States Internal Wa23 ters; 

24 (B) removing sunken State craft from the 

25 United States Contiguous Zone; 
28 

S 2229 IS 

1 (C) engaging in activities directed at any 

2 sunken State craft located within the United 

3 States Contiguous Zone, provided that those ac4 tivities cause or threaten damage to natural re5 sources or otherwise interfere with the rights 

6 and jurisdiction of the United States with regard 

7 to natural resources; 

8 (D) engaging in activities directed at sunk9 en State craft located within the United States 

10 Exclusive Economic Zone or on the United 

11 States Outer Continental Shelf, provided that 

12 those activities cause or threaten damage to 

13 natural resources or otherwise interfere with 

14 the rights and jurisdiction of the United States 

15 with regard to natural resources; or 

16 (E) calling on or using United States ports 

17 or offshore terminals, that engage in activities 

18 directed at sunken State craft wherever located 

19 in violation of the laws of the United States or 

20 of a foreign State. 

21 (d) APPLICATION.—(1) This section shall not apply 

22 to actions taken by, or at the direction of, the United 

23 States Government. 

24 (2) No regulation promulgated pursuant to this sec25 tion shall apply to or be enforced against a person who 
29 

S 2229 IS 

1 is not a citizen, national, or resident alien of the United 

2 States, unless in accordance with— 

3 (A) generally recognized principles of inter4 national law; 

5 (B) an agreement between the United States 

6 and the foreign State of which the person is a cit7 izen; or 

8 (C) an agreement between the United States 

9 and the flag State of a foreign vessel or aircraft, if 

10 the person is a crew member or other person on the 

11 vessel or aircraft. 

12 (3) The Secretary of State, in consultation with the 

13 Heads of Agencies, is authorized to negotiate and conclude 

14 bilateral and multilateral agreements with foreign States 

15 with regard to sunken State craft consistent with this sec16 tion. 

17 (e) TITLE.—Notwithstanding any other provision of 

18 law— 

19 (1) the United States retains title indefinitely 

20 to its sunken State craft, and associated contents 

21 unless abandoned or transferred in a manner pre22 scribed by Congress. 

23 (2) title to foreign sunken State craft is pre24 sumed to be retained by the foreign flag State and 
30 

S 2229 IS 

1 may be abandoned or transferred only in accordance 

2 with the law of the foreign flag State. 

3 (f) PASSAGE OF TIME.—(1) Title to United States 

4 sunken State craft wherever located shall not be extin5 guished by passage of time regardless of when such United 

6 States sunken State craft sank. 

7 (2) Title to foreign sunken State craft shall not be 

8 presumed to be extinguished by passage of time regardless 

9 of when such foreign sunken State craft sank. 

10 (g) AUTHORITY OF AGENCY HEAD.—(1) Each Head 

11 of Agency is hereby authorized to promulgate regulations 

12 with regard to sunken State craft under his or her author13 ity as necessary to implement this section, including regu14 lations providing for— 

15 (A) the issuance of a permit to a person in ac16 cordance with section (i); 

17 (B) the implementation of section (k); and 

18 (C) the loan of United States sunken State 

19 craft between or to universities, museums, or other 

20 institutions that provide public access for research, 

21 education, and other public purposes consistent with 

22 this section. 

23 (2) The appropriate Head of Agency is hereby au24 thorized to carry out this section and any implementing 
31 

S 2229 IS 

1 regulations with regard to United States sunken State 

2 craft subject to the authority of that Head of Agency. 

3 (3) At the request of any foreign State, the appro4 priate Head of Agency may carry out section (i) and any 

5 implementing regulations promulgated pursuant thereto 

6 with regard to any foreign sunken State craft of that for7 eign State located in United States Waters. 

8 (4) Each Head of Agency is hereby authorized to 

9 charge and retain reasonable fees to offset expenses asso10 ciated with the review of permit applications and the 

11 issuance and administration of permits issued under this 

12 section. 

13 (h) PROHIBITIONS.—(1) No sunken State craft of the 

14 United States wherever located may be disturbed injured 

15 or removed except as authorized by this section. 

16 (2) No person may engage in an activity directed at 

17 a sunken State craft that disturbs, removes or injures, or 

18 attempts to disturb, remove or injure any sunken State 

19 craft covered by this section without the express permis20 sion of the appropriate Head of Agency or his or her des21 ignee. 

22 (3) No person may possess, offer for sale, sell, pur23 chase, import, export, transport, deliver, carry, exchange, 

24 receive, or attempt to purchase, import, export, transport, 
32 

S 2229 IS 

1 deliver, carry, exchange, or receive any sunken State craft 

2 that was disturbed, removed, or injured in violation of— 

3 (A) the prohibitions contained in subsections 

4 (h)(1) and (2), or 

5 (B) any provision, rule, regulation, ordinance, 

6 or permit in effect under any provision of Federal, 

7 foreign, or other applicable law. 

8 (i) PERMITS.—Without limitation on the discretion of 

9 Heads of Agency regarding administration of United 

10 States sunken State craft for which they may continue to 

11 be responsible regardless of sinking, the United States, 

12 through the appropriate Head of Agency, shall have per13 mitting authority over those persons and vessels that are 

14 engaged in, or propose to engage in, activities directed at 

15 any United States sunken State craft wherever located, 

16 or any foreign sunken State craft as provided by para17 graph (3) of section (g). 

18 (j) LIABILITY FOR DAMAGES.—(1) Except with the 

19 permission of the appropriate Head of Agency or his or 

20 her designee, any person who engages in an activity di21 rected at a sunken State craft that disturbs, removes, or 

22 injures any sunken State craft is liable for response costs, 

23 enforcement costs, and damages resulting from such dis24 turbance, removal, or injury. 

25 (2) Damages may include— 
33 

S 2229 IS 

1 (A) the reasonable costs incurred in storage, 

2 restoration, care, maintenance, conservation, and 

3 curation of any sunken State craft disturbed, re4 moved, or injured without authorization; and 

5 (B) the cost of retrieving any information of an 

6 archaeological, historical, or cultural nature remain7 ing from a site where the sunken State craft was 

8 disturbed, removed, or injured without authorization. 

9 (k) ADMINISTRATIVE ENFORCEMENT.—Any person 

10 who violates this section, or any regulation or permit 

11 issued thereunder, may be assessed a civil penalty by the 

12 Head of Agency concerned, or his or her designee, after 

13 notice and an opportunity for a hearing. Such penalty may 

14 not exceed $100,000, for each such violation, and each day 

15 of a continued violation shall constitute a separate viola16 tion. 

17 (l) JUDICIAL ENFORCEMENT.—At the request of the 

18 appropriate Head of Agency, the Attorney General may 

19 institute a civil action in an appropriate district court of 

20 the United States to— 

21 (1) recover response costs and damages result22 ing from a violation of this section; 

23 (2) seek a civil penalty not to exceed $200,000, 

24 against any person who violates this section or regu-
34 

S 2229 IS 

1 lation or permit issued thereunder, or against any 

2 vessel, in rem, used in such violation; or 

3 (3) obtain such relief as may be necessary to 

4 abate an imminent risk of disturbance of, removal 

5 of, or injury to any sunken State craft as deter6 mined by the appropriate Head of Agency, or if 

7 there has been actual disturbance of, removal of, or 

8 injury to any sunken State craft. The district courts 

9 of the United States shall have jurisdiction in such 

10 a case to order such relief as the public interest and 

11 the equities of the case may require. 

12 (m) RIGHTS OF FOREIGN STATES.—(1) Consistent 

13 with this section, foreign States may assert before any 

14 United States court their sovereign interest in any sunken 

15 State craft located in United States Waters or which is 

16 the subject of a case brought in a court of the United 

17 States. 

18 (2) Upon the request of a foreign State and con19 sistent with this section, the Attorney General is hereby 

20 authorized in his or her discretion to appear in the courts 

21 of the United States to enforce this section on behalf of 

22 such foreign State with regard to any of its sunken State 

23 craft located in United States Waters or which is the sub24 ject of a case brought in a court of the United States. 
35 

S 2229 IS 

1 (n) RELATIONSHIP TO OTHER LAWS.—(1) The law 

2 of finds shall not apply to any United States sunken State 

3 craft wherever located or to any foreign sunken State craft 

4 located in United States Waters. 

5 (2) No salvage rights or awards shall be granted with 

6 respect to any sunken State craft without the express per7 mission of the flag State. 

8 (3) Nothing in this section is intended to alter the 

9 international law of capture or prize with respect to sunk10 en State craft. 

11 (4) Nothing in sections 4281 through 4287, and 

12 4289 of the Revised Statutes (46 U.S.C. App. 181–188) 

13 and section 3 of the Act of February 13, 1893 (ch. 105, 

14 27 Stat. 445, 46 U.S.C. App. 192) shall limit the liability 

15 of any person under this section. 

16 (5) Nothing in this section is intended to affect activi17 ties not directed at a sunken State craft, or the traditional 

18 high seas freedoms of navigation, the laying of submarine 

19 cables and pipelines, or other internationally lawful uses 

20 of the sea related to these freedoms such as the operation 

21 of ships and fishing, so long as these activities are not 

22 undertaken as a subterfuge for activities prohibited by this 

23 section. 

24 (6) This section and any implementing regulations 

25 shall be applied in accordance with generally recognized 
36 

S 2229 IS 

1 principles of international law, and in accordance with the 

2 treaties, conventions, and other agreements to which the 

3 United States is a party. 

4 (7) Nothing in this section is intended to preclude 

5 or limit the application of any other law enforcement au6 thorities of the Commandant of the United States Coast 

7 Guard. 

8 (8) Nothing in this section shall invalidate any prior 

9 delegation, authorization or related regulations consistent 

10 with this section. 

11 (9) Each provision of this section is severable. If a 

12 court should find any provision of this section to be unen13 forceable, all other provisions shall remain in full force and 

14 effect. 

15 (10) Nothing in this section is intended to prevent 

16 the United States from pursuing criminal sanctions for 

17 plundering of wrecks, larceny of government property, or 

18 other applicable criminal law. 

19 (11) The Departments of Commerce, Defense, Home20 land Security, Interior, Justice, State, and the General 

21 Services Administration are authorized to cooperate with 

22 the Head of Agency concerned as well as with state and 

23 foreign government agencies on the protection and man24 agement of sunken State craft wherever located, con25 sistent with the purposes of this section. 
37 

S 2229 IS 

1 (12) Notwithstanding any other provision of law, 

2 abandonment of sunken State craft may occur only as pre3 scribed herein. 

4 (o) LIMITATIONS.—An action to enforce a violation 

5 of this section or any regulation or permit issued there6 under, may not be brought more than eight years after 

7 all facts material to the right of action are known or 

8 should have been known by the Head of Agency concerned, 

9 and the defendant is subject to the jurisdiction of the ap10 propriate United States district court or administrative 

11 forum. 

12 Subtitle C—Workplace and Depot 

13 Issues 

14 SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM 

15 PERCENTAGE LIMITATION ON CONTRACTING 

16 FOR PERFORMANCE OF DEPOT-LEVEL MAIN17 TENANCE AND REPAIR WORKLOADS. 

18 Section 2474(f)(1) of title 10, United States Code, 

19 is amended by striking ‘‘under any contract entered into 

20 during fiscal years 2003 through 2006’’. 
38 

S 2229 IS 

1 TITLE IV—MILITARY 

2 PERSONNEL AUTHORIZATIONS 

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2005, as follows: 

7 (1) The Army, 482,400. 

8 (2) The Navy, 365,900. 

9 (3) The Marine Corps, 175,000. 

10 (4) The Air Force, 359,700. 

11 SEC. 402. NEW TITLE FOR THE VICE-CHIEF OF THE NA12 TIONAL GUARD BUREAU. 

13 (a) IN GENERAL.—Section 10505 of title 10, United 

14 States Code, is amended by striking ‘‘Vice Chief of the 

15 National Guard Bureau’’ each place it appears and insert16 ing ‘‘Director of the Joint Staff of the National Guard 

17 Bureau’’. 

18 (b) CLERICAL AMENDMENTS.—(1) The heading of 

19 such section is amended by striking ‘‘Vice Chief of the 

20 National Guard Bureau’’ and inserting ‘‘Director of the 

21 Joint Staff of the National Guard Bureau’’. 

22 (2) The item relating to such section in the table of 

23 sections at the beginning of chapter 1011 of such title is 

24 amended by striking ‘‘Vice Chief of the National Guard 
39 

S 2229 IS 

1 Bureau’’ and inserting ‘‘Director of the Joint Staff of the 

2 National Guard Bureau’’. 

3 Subtitle B—Reserve Forces 

4 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

5 (a) IN GENERAL.—The Armed Forces are authorized 

6 strengths for Selected Reserve personnel of the reserve 

7 components as of September 30, 2005, as follows: 

8 (1) The Army National Guard of the United 

9 States, 350,000. 

10 (2) The Army Reserve, 205,000. 

11 (3) The Naval Reserve, 83,400. 

12 (4) The Marine Corps Reserve, 39,600. 

13 (5) The Air National Guard of the United 

14 States, 106,800. 

15 (6) The Air Force Reserve, 76,100. 

16 (7) The Coast Guard Reserve, 10,000. 

17 (b) ADJUSTMENTS.—The end strengths prescribed by 

18 subsection (a) for the Selected Reserve of any reserve com19 ponent shall be proportionately reduced by— 

20 (1) the total authorized strength of units orga21 nized to serve as units of the Selected Reserve of 

22 such component which are on active duty (other 

23 than for training) at the end of the fiscal year; and 

24 (2) the total number of individual members not 

25 in units organized to serve as units of the Selected 
40 

S 2229 IS 

1 Reserve of such component who are on active duty 

2 (other than for training or for unsatisfactory partici3 pation in training) without their consent at the end 

4 of the fiscal year. 

5 Whenever such units or such individual members are re6 leased from active duty during any fiscal year, the end 

7 strength prescribed for such fiscal year for the Selected 

8 Reserve of such reserve component shall be increased pro9 portionately by the total authorized strengths of such 

10 units and by the total number of such individual members. 

11 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

12 DUTY IN SUPPORT OF THE RESERVES. 

13 Within the end strengths prescribed in section 

14 411(a), the reserve components of the Armed Forces are 

15 authorized, as of September 30, 2005, the following num16 ber of Reserves to be serving on full-time active duty or 

17 full-time duty, in the case of members of the National 

18 Guard, for the purpose of organizing, administering, re19 cruiting, instructing, or training the reserve components: 

20 (1) The Army National Guard of the United 

21 States, 26,476. 

22 (2) The Army Reserve, 14,970. 

23 (3) The Naval Reserve, 14,152. 

24 (4) The Marine Corps Reserve, 2,261. 
41 

S 2229 IS 

1 (5) The Air National Guard of the United 

2 States, 12,225. 

3 (6) The Air Force Reserve, 1,900. 

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

5 (DUAL STATUS). 

6 The minimum number of military technicians (dual 

7 status) as of the last day of fiscal year 2005 for the re8 serve components of the Army and the Air Force (notwith9 standing section 129 of title 10, United States Code) shall 

10 be the following: 

11 (1) For the Army Reserve, 7,299. 

12 (2) For the Army National Guard of the United 

13 States, 25,076. 

14 (3) For the Air Force Reserve, 9,954. 

15 (4) For the Air National Guard of the United 

16 States, 22,956. 

17 SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF 

18 NON-DUAL STATUS TECHNICIANS. 

19 (a) LIMITATIONS.—(1) Within the limitation pro20 vided in section 10217(c)(2) of title 10, United States 

21 Code, the number of non-dual status technicians employed 

22 by the National Guard as of September 30, 2005, may 

23 not exceed the following: 

24 (A) For the Army National Guard of the 

25 United States, 1,600. 
42 

S 2229 IS 

1 (B) For the Air National Guard of the United 

2 States, 350. 

3 (2) The number of non-dual status technicians em4 ployed by the Army Reserve as of September 30, 2005, 

5 may not exceed 795. 

6 (3) The number of non-dual status technicians em7 ployed by the Air Force Reserve as of September 30, 

8 2005, may not exceed 90. 

9 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

10 this section, the term ‘‘non-dual status technician’’ has the 

11 meaning given that term in section 10217(a) of title 10, 

12 United States Code. 

13 SEC. 415. SPECIAL RULE FOR COMPUTING THE HIGH-36 

14 MONTH AVERAGE FOR RESERVE COMPO15 NENT MEMBERS. 

16 (a) COMPUTATION OF HIGH-36 MONTH AVERAGE.— 

17 Subsection (c) of section 1407 of title 10, United States 

18 Code, is amended by adding at the end the following new 

19 paragraph: 

20 ‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT

21 MEMBERS.— 

22 ‘‘(A) HIGH-36 MONTH AVERAGE FOR DIS23 ABILITY RETIRED PAY.—The high-three average of a 

24 Reserve component member entitled to retired pay 

25 under section 1201 or 1202 of this title, or a spouse 
43 

S 2229 IS 

1 of a Reserve component member entitled to a sur2 vivor benefit plan annuity under section 

3 1448(d)(1)(B) of this title, is the amount equal to— 

4 ‘‘(i) the total amount of monthly basic pay 

5 to which the member was entitled during the 

6 member’s high-36 months (or to which the 

7 member would have been entitled if the member 

8 had served on active duty during the entire pe9 riod of the member’s high-36 months), divided 

10 by 

11 ‘‘(ii) 36. 

12 ‘‘(B) SHORT-TERM DISABILITY RETIRED PAY.— 

13 Notwithstanding subparagraph (A), the high-three 

14 average of a Reserve component member with less 

15 than 36 months who is entitled to retired pay under 

16 section 1201 or 1202 of this title, or a spouse of a 

17 Reserve component member entitled to a survivor 

18 benefit plan annuity under section 1448(d)(1)(B) of 

19 this title, is the amount equal to— 

20 ‘‘(i) the total amount of monthly basic pay 

21 to which the member was entitled during the 

22 entire period the member was a member of a 

23 uniformed service before being so retired (or to 

24 which the member would have been entitled if 

25 the member had served on active duty during 
44 

S 2229 IS 

1 the entire period the member was a member of 

2 a uniformed service before being so retired), di3 vided by 

4 ‘‘(ii) the number of months (including any 

5 fraction thereof) during which the member was 

6 a member before so retiring.’’. 

7 (b) EFFECTIVE DATE.—For purposes of determining 

8 the annuity for the spouse of a member who died while 

9 on active duty, the amendments made by this section shall 

10 take effect as of September 10, 2001. 

11 TITLE V—MILITARY PERSONNEL 

12 POLICY 

13 Subtitle A—Officer Personnel 

14 Policy 

15 SEC. 501. TRANSITION OF ACTIVE-DUTY LIST OFFICER 

16 FORCE TO ALL REGULAR STATUS. 

17 (a) ELIMINATE REQUIREMENT THAT ALL ACTIVE

18 DUTY OFFICERS SERVE IN A RESERVE STATUS FOR AT

19 LEAST ONE YEAR.—Section 532 of title 10, United States 

20 Code, is amended by striking subsection (e). 

21 (b) AMEND THE QUALIFICATIONS FOR ORIGINAL AP22 POINTMENT AS A COMMISSIONED OFFICER.—Section 532 

23 is further amended— 

24 (1) in subsection (a)— 

25 (A) by striking paragraph (2); and 
45 

S 2229 IS 

1 (B) by redesignating paragraphs (3), (4), 

2 and (5) as paragraphs (2), (3), and (4), respec3 tively; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(f) The Secretary of Defense may waive the require7 ment of subsection (a)(1) with respect to an alien lawfully 

8 admitted to permanent residence when the Secretary de9 termines that the national security so requires.’’. 

10 (c) ELIMINATE LIMITATIONS PLACED ON TOTAL

11 STRENGTH OF REGULAR COMMISSIONED OFFICERS

12 SERVING ON THE ACTIVE-DUTY LIST.—Section 522 of 

13 such title is repealed. 

14 (d) ELIMINATE SENATE CONFIRMATION FOR ORIGI15 NAL APPOINTMENTS OF COMMISSIONED OFFICERS.—Sec16 tion 531(a) of such title is amended to read as follows: 

17 ‘‘(a) Original appointments in the grades of second 

18 lieutenant through captain in the Regular Army, Regular 

19 Air Force, and Regular Marine Corps and in the grades 

20 of ensign through lieutenant in the Regular Navy shall 

21 be made by the President. The President may delegate 

22 this authority to the Secretary of Defense. Original ap23 pointments in the grades of major, lieutenant colonel and 

24 colonel in the Regular Army, Regular Air Force, and Reg25 ular Marine Corps and in the grades of lieutenant com-
46 

S 2229 IS 

1 mander, commander and captain in the Regular Navy 

2 shall be made by the President, by and with the advice 

3 and consent of the Senate.’’. 

4 (e) FORCE SHAPING AUTHORITY.—Chapter 36 of 

5 such title is amended by adding after section 646 the fol6 lowing new section: 

7 ‘‘§ 647. Force shaping authority 

8 ‘‘(a) IN GENERAL.—Under regulations prescribed by 

9 the Secretary concerned, for force shaping purposes only, 

10 the Secretary may discharge or transfer an officer on the 

11 active-duty list to the reserve active-status list, who: 

12 ‘‘(1) has 7 years or less of commissioned serv13 ice; or 

14 ‘‘(2) has more than 7 years commissioned serv15 ice, but has not completed his minimum service obli16 gation. 

17 ‘‘(b) DEFINITION.—In this section, the term ‘min18 imum service obligation’ means— 

19 ‘‘(1) the initial period of required active duty 

20 service; and 

21 ‘‘(2) any additional period of required active 

22 duty service incurred during the initial period of re23 quired active duty service.’’. 

24 (f) ELIGIBILITY FOR SEPARATION PAY UPON INVOL25 UNTARY DISCHARGE.—Section 1174(e)(2)(B) of such title 
47 

S 2229 IS 

1 is amended by inserting after ‘‘service’’ the following: ‘‘, 

2 except under conditions as described in section 647 of this 

3 title’’. 

4 (g) ELIMINATE REQUIREMENT FOR OATH UPON

5 TRANSITION FROM ACTIVE COMPONENT TO RESERVE

6 COMPONENT.—Section 12201(a) of such title is amended 

7 by inserting after the first sentence the following new sen8 tence: ‘‘An officer who transfers from the active-duty list 

9 to the reserve active-status list is not required to subscribe 

10 to the oath prescribed by section 3331 of title 5.’’. 

11 (h) AUTHORITY TO APPOINT RESERVE OFFICERS

12 TRANSFERRED FROM THE ACTIVE-DUTY LIST TO THE

13 RESERVE ACTIVE-STATUS LIST.—Section 12203 of such 

14 title is amended— 

15 (1) by redesignating subsection (b) as sub16 section (c); and 

17 (2) by inserting after subsection (a) the fol18 lowing new subsection (b): 

19 ‘‘(b) Notwithstanding the requirements of subsection 

20 (a), appointments of officers transferred from the active21 duty list to the reserve active-status list shall be made by 

22 the Secretary concerned.’’. 

23 (i) TRANSFER OF OFFICERS FROM THE RESERVE

24 ACTIVE-STATUS LIST TO THE ACTIVE-DUTY LIST.—Sec-
48 

S 2229 IS 

1 tion 531 of such title is amended by adding at the end 

2 the following new subsection: 

3 ‘‘(c) Appointments in the Regular Army, Regular Air 

4 Force, Regular Navy and Regular Marine Corps of officers 

5 holding Reserve commissions may be made by the Sec6 retary concerned.’’. 

7 (j) EXEMPT READY RESERVE OFFICERS FROM THE

8 ACTIVE-DUTY LIST.—Section 641(1)(F) of such title is 

9 amended to read as follows: 

10 ‘‘(F) ordered to active duty under sections 12302 and 

11 12304 of this title;’’ 

12 (k) DELETION OF REQUIREMENT TO SERVE 6 

13 YEARS IN THE RESERVE COMPONENT TO MEET RETIRE14 MENT ELIGIBILITY.—Section 12731(a) of such title is 

15 amended— 

16 (1) by inserting ‘‘and’’ at the end of paragraph 

17 (2); 

18 (2) by striking paragraph (3); and 

19 (3) by redesignating paragraph (4) as para20 graph (3). 

21 (l) ALL REGULAR OFFICER APPOINTMENTS FOR

22 STUDENTS ATTENDING THE UNIVERSITY OF HEALTH

23 SCIENCES.—Section 2114(b) of such title is amended by 

24 striking ‘‘Notwithstanding any other provision of law, they 

25 shall serve on active duty in pay grade O–1 with full pay 
49 

S 2229 IS 

1 and allowances of that grade. Upon graduation they shall 

2 be appointed in a regular component, if qualified, unless 

3 they are covered by section 2115 of this title.’’ and insert4 ing ‘‘Notwithstanding any other provision of law, they 

5 shall be appointed in the regular component and shall 

6 serve on active duty as an O–1 with full pay and allow7 ances of that grade. Upon graduation they shall be re8 quired to serve on active duty unless covered by section 

9 2115 of this title.’’. 

10 (m) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect six months after the date of 

12 enactment of this Act. 

13 SEC. 502. STRENGTH IN GRADE: COMMISSIONED OFFICERS 

14 IN GRADES BELOW BRIGADIER GENERAL OR 

15 REAR ADMIRAL (LOWER HALF) IN AN ACTIVE 

16 STATUS. 

17 Section 12005(c)(1), of title 10, United States Code, 

18 is amended by amending the table to read as follows: 

‘‘Colonel .................................................................................... 2 percent

Lieutenant colonel .................................................................... 8 percent

Major ........................................................................................ 16 percent

Captain ..................................................................................... 39 percent

First lieutenant and second lieutenant (when combined with 

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

19 SEC. 503. JOINT DUTY CREDIT REQUIRED FOR PROMOTION 

20 TO FLAG OR GENERAL OFFICER. 

21 Section 619a(b) of title 10, United States Code, is 

22 amended— 
50 

S 2229 IS 

1 (1) in paragraph (2), by striking ‘‘scientific and 

2 technical’’ and inserting ‘‘a career field specialty’’; 

3 and 

4 (2) in paragraph (4), by striking ‘‘if—’’ and all 

5 that follows and inserting ‘‘if the officer’s total con6 secutive service in joint duty assignments within 

7 that immediate organization meets the requirements 

8 of section 664 of this title for full joint duty credit.’’. 

9 SEC. 504. REVISED PROMOTION POLICY OBJECTIVES FOR 

10 JOINT OFFICERS. 

11 (a) IN GENERAL.—Section 662(a) of title 10, United 

12 States Code, is amended to read as follows: 

13 ‘‘(a) QUALIFICATIONS.—(1) The military depart14 ments shall establish internal procedures and processes 

15 necessary to validate the qualifications of active duty list 

16 officers assigned to joint duty activities, as defined in sec17 tion 668 of this title. These internal measures will ensure 

18 an adequate number of senior colonels, or in the case of 

19 the Navy, captains, are eligible for promotion to brigadier 

20 general and rear admiral (lower half) to meet the require21 ments of section 619a of this title. 

22 ‘‘(2) The Secretary of Defense shall ensure that the 

23 qualifications of officers assigned to joint duty assign24 ments are such that— 
51 

S 2229 IS 

1 ‘‘(A) officers who are serving on or have served 

2 on the Joint Staff are expected, as a group, to be 

3 promoted to the next higher grade at a rate not less 

4 than the rate for officers of the same armed force 

5 in the same grade and competitive category who are 

6 serving on the headquarters staff of their armed 

7 force; and 

8 ‘‘(B) officers (other than officers in subpara9 graph (A)) who are serving in or have served in joint 

10 duty assignments are expected, as a group, to be 

11 promoted to the next higher grade at a rate not less 

12 than the rate for all officers of the same armed force 

13 in the same grade and competitive category. 

14 ‘‘(3) The Secretary of Defense will develop policies 

15 to ensure Secretaries of the military departments provide 

16 appropriate consideration to joint service officers eligible 

17 for promotion selection boards.’’. 

18 (b) CONFORMING AMENDMENT.—Subsection (b) of 

19 such section is amended by striking ‘‘(1), (2), and (3)’’ 

20 and inserting ‘‘(1)(A) and (1)(B)’’. 

21 SEC. 505. MODIFY LENGTH OF JOINT DUTY ASSIGNMENTS. 

22 Section 664 of title 10, United States Code, is 

23 amended to read as follows: 
52 

S 2229 IS 

1 ‘‘§ 664. Length of joint duty assignments 

2 ‘‘(a) LENGTH OF JOINT DUTY ASSIGNMENTS.—In 

3 the case of officers serving in a grade not less than Major, 

4 or, in the case of the Navy, Lieutenant Commander, the 

5 length of a joint duty assignment will mirror the standard 

6 tour length the Secretary of Defense establishes for each 

7 installation or location authorized for joint duty assign8 ments as specified in section 668 of this title. Joint duty 

9 credit is awarded as provided by subsection (c). Duty at 

10 a qualified joint task force headquarters requires one year 

11 of total service credited in the manner specified in sub12 section (c). 

13 ‘‘(b) EXCLUSIONS FROM TOUR LENGTH.—The Sec14 retary of a military department may request that the joint 

15 activity to which an officer is assigned curtail the officer’s 

16 joint assignment. The officer will receive full credit for 

17 service when an assignment was curtailed from the stand18 ards prescribed in subsection (a), provided the officer has 

19 served at least 24 months in a joint position with a tour 

20 length of greater than 24 months, or the full term of a 

21 Secretary of Defense-established tour length, and the joint 

22 activity agreed to the curtailment. 

23 ‘‘(c) FULL CREDIT FOR JOINT DUTY.—An officer 

24 shall be considered to have completed a full tour of joint 

25 duty in a joint duty assignment for the purposes of award26 ing full credit upon the completion of any of the following: 
53 

S 2229 IS 

1 ‘‘(1) A joint duty assignment that meets the 

2 standards prescribed in subsection (a) or (b). 

3 ‘‘(2) Accumulation of partial credit totaling one 

4 year of service earned by service in one or more joint 

5 task force headquarters as specified in subsection 

6 (a). 

7 ‘‘(3) A joint duty assignment with respect to 

8 which the Secretary of Defense has granted a waiver 

9 under subsection (d). 

10 ‘‘(4) A second joint duty assignment that is less 

11 than 24 months, without regard to the nature of 

12 credit awarded to the officer for his or her first as13 signment in a Joint Duty Assignment List position. 

14 ‘‘(d) WAIVER AUTHORITY.—The Secretary of De15 fense may waive this section when it is considered essential 

16 for military personnel management. The Secretary may 

17 grant such a waiver only on a case-by-case basis for a spe18 cific officer.’’. 

19 SEC. 506. MANAGEMENT OF JOINT SPECIALTY OFFICERS. 

20 Section 661 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (c)— 

23 (A) by amending paragraph (1) to read as 

24 follows: 
54 

S 2229 IS 

1 ‘‘(1) An officer will be designated with a joint 

2 specialty officer identifier after the officer— 

3 ‘‘(A) successfully completes a Chairman of 

4 the Joint Chiefs of Staff accredited program 

5 from a joint professional military education in6 stitution and successfully completes a full tour 

7 of duty in a joint duty assignment (not nec8 essarily in this order); or 

9 ‘‘(B) successfully completes two full tours 

10 of duty in joint duty assignments.’’; 

11 (B) by striking paragraphs (2) and (3); 

12 and 

13 (C) by redesignating paragraph (4) as 

14 paragraph (2); 

15 (2) by striking subsection (d); 

16 (3) by redesignating subsections (e) and (f) as 

17 subsections (d) and (e), respectively; and 

18 (4) by amending subsection (d), as redesignated 

19 by paragraph (3), to read as follows: 

20 ‘‘(d) JOINT SPECIALTY OFFICER DESIGNATION FOR

21 GENERAL AND FLAG POSITIONS.—The Secretary shall en22 sure that general and flag officer joint duty assignments 

23 that require officers with the joint specialty will be des24 ignated as requiring a joint specialty officer. Once a posi25 tion is designated as requiring a joint specialty officer, a 
55 

S 2229 IS 

1 non-joint specialty officer can be assigned to the position 

2 only if the Secretary deems the assignment of a non-joint 

3 specialty officer necessary and waives the requirement to 

4 assign a joint specialty officer.’’. 

5 SEC. 507. ELIMINATE DISTRIBUTION QUOTAS FOR GEN6 ERAL AND FLAG OFFICERS SERVING IN THE 

7 GRADES OF O–7 AND O–8. 

8 Section 525 of title 10, United States Code, is 

9 amended— 

10 (1) by repealing subsection (a); and 

11 (2) by redesignating subsections (b), (c), and 

12 (d) as subsections (a), (b), and (c), respectively. 

13 SEC. 508. ELIMINATE MANDATORY RETIREMENT OF ACTIVE 

14 DUTY GENERAL AND FLAG OFFICERS AFTER 

15 30 YEARS OF SERVICE. 

16 (a) IN GENERAL.—Sections 635 and 636 of title 10, 

17 United States Code, are repealed. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) Section 637(b) of such title is amended— 

20 (A) by striking paragraph (2); and 

21 (B) by redesignating paragraph (3) as para22 graph (2). 

23 (2) The table of sections at the beginning of sub24 chapter III of chapter 36 of such title is amended by strik25 ing the items relating to sections 635 and 636. 
56 

S 2229 IS 

1 SEC. 509. LENGTH OF TERMS FOR THE ASSISTANTS TO THE 

2 CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

3 FOR NATIONAL GUARD AND RESERVE MAT4 TERS. 

5 Subsection (c) of section 901 of the National Defense 

6 Authorization Act for Fiscal Year 1998 (Public Law 105– 

7 85; 111 Stat. 1853), is amended by striking ‘‘for a term 

8 of two years and may be continued in that assignment in 

9 the same manner for one additional term. However, in 

10 time of war there is no limit on the number of terms.’’. 

11 SEC. 510. LENGTH OF SERVICE FOR THE SENIOR LEADERS 

12 OF THE MILITARY DEPARTMENTS. 

13 (a) CHIEF OF STAFF OF THE ARMY.—Paragraph (1) 

14 of section 3033(a) of title 10, United States Code, is 

15 amended to read as follows: 

16 ‘‘(a)(1) There is a Chief of Staff of the Army, ap17 pointed for a period of four years by the President, by 

18 and with the advice and consent of the Senate, from the 

19 general officers of the Army. He serves at the pleasure 

20 of the President, and the President may extend the length 

21 of service as he determines necessary.’’. 

22 (b) CHIEF OF NAVAL OPERATIONS.—Paragraph (1) 

23 of section 5033(a) of such title is amended to read as fol24 lows: 

25 ‘‘(a)(1) There is a Chief of Naval Operations, ap26 pointed by the President, by and with the advice and con-
57 

S 2229 IS 

1 sent of the Senate. The Chief of Naval Operations shall 

2 be appointed for a term of four years, from officers on 

3 the active-duty list in the line of the Navy who are eligible 

4 to command at sea and who hold the grade of rear admiral 

5 or above. He serves at the pleasure of the President, and 

6 the President may extend the length of service as he deter7 mines necessary.’’. 

8 (c) COMMANDANT OF THE MARINE CORPS.—Para9 graph (1) of section 5043(a) of such title is amended to 

10 read as follows: 

11 ‘‘(a)(1) There is a Commandant of the Marine Corps, 

12 appointed by the President, by and with the advice and 

13 consent of the Senate. The Commandant shall be ap14 pointed for a term of four years from officers on the ac15 tive-duty list of the Marine Corps not below the grade of 

16 colonel. He serves at the pleasure of the President, and 

17 the President may extend the length of service as he deter18 mines necessary.’’. 

19 (d) CHIEF OF STAFF OF THE AIR FORCE.—Para20 graph (1) of section 8033(a) of such title is amended to 

21 read as follows: 

22 ‘‘(a)(1) There is a Chief of Staff of the Air Force, 

23 appointed for a period of four years by the President, by 

24 and with the advice and consent of the Senate, from the 

25 general officers of the Air Force. He serves at the pleasure 
58 

S 2229 IS 

1 of the President, and the President may extend the length 

2 of service as he determines necessary.’’. 

3 SEC. 511. EXTENDING AGE LIMITS FOR ACTIVE DUTY GEN4 ERAL AND FLAGOFFICERS. 

5 Section 1251, of title 10, United States Code, is 

6 amended to read as follows: 

7 § 1251. Regular commissioned officers; exceptions 

8 ‘‘(a)(1) Unless retired or separated earlier, each reg9 ular commissioned officer of the Army, Air Force, or Ma10 rine Corps serving in a grade at or above brigadier general 

11 or rear admiral (lower half) in the Navy shall be retired 

12 on the first day of the month following the month in which 

13 the officer becomes 68 years of age. 

14 ‘‘(2) Notwithstanding paragraph (1), the Secretary of 

15 Defense may defer the retirement of a general or flag offi16 cer, but such a deferment may not extend beyond the first 

17 day of the month following the month in which the officer 

18 becomes 72 years of age. 

19 ‘‘(b)(1) Unless retired or separated earlier, each reg20 ular commissioned officer of the Army, Air Force, or Ma21 rine Corps (other than an officer who is a permanent pro22 fessor, director of admissions, or registrar of the United 

23 States Military Academy or United States Air Force Acad24 emy or a commissioned warrant officer) serving in a grade 

25 below brigadier general or rear admiral (lower half) in the 
59 

S 2229 IS 

1 Navy shall be retired on the first day of the month fol2 lowing the month in which he becomes 62 years of age. 

3 An officer who is a permanent professor at the United 

4 States Military Academy or United States Air Force Acad5 emy, the director of admissions at the United States Mili6 tary Academy, or the registrar of the United States Air 

7 Force Academy shall be retired on the first day of the 

8 month following the month in which he becomes 64 years 

9 of age. 

10 ‘‘(2) The Secretary concerned may defer the retire11 ment under paragraph (1) of a health professions officer 

12 if during the period of the deferment the officer will be 

13 performing duties consisting primarily of providing patient 

14 care or performing other clinical duties. 

15 ‘‘(3) The Secretary concerned may defer the retire16 ment under paragraph (1) of an officer who is appointed 

17 or designated as a chaplain if the Secretary determines 

18 that such deferral is in the best interest of the military 

19 department concerned. 

20 ‘‘(4)(A) Except as provided in subparagraph (B), a 

21 deferment under this subsection may not extend beyond 

22 the first day of the month following the month in which 

23 the officer becomes 68 years of age. 

24 ‘‘(B) The Secretary concerned may extend a 

25 deferment under this subsection beyond the day referred 
60 

S 2229 IS 

1 to in subparagraph (A) if the Secretary determines that 

2 extension of the deferment is necessary for the needs of 

3 the military department concerned. Such an extension 

4 shall be made on a case-by-case basis and shall be for such 

5 period as the Secretary considers appropriate. 

6 ‘‘(5) For purposes of this subsection, a health profes7 sions officer is— 

8 ‘‘(A) a medical officer; 

9 ‘‘(B) a dental officer; or 

10 ‘‘(C) an officer in the Army Nurse Corps, an 

11 officer in the Navy Nurse Corps, or an officer in the 

12 Air Force designated as a nurse.’’. 

13 SEC. 512. LATERAL REASSIGNMENT OF CERTAIN GEN14 ERALS AND ADMIRALS. 

15 Subsection (a) of section 601 of title 10, United 

16 States Code, is amended to read as follows: 

17 ‘‘(a)(1) The President may designate positions of im18 portance and responsibility to carry the grade of general 

19 or admiral or lieutenant general or vice admiral. The 

20 President may assign to any such position an officer of 

21 the Army, Navy, Air Force, or Marine Corps who is serv22 ing on active duty in any grade above colonel or, in the 

23 case of an officer of the Navy, any grade above captain. 

24 An officer assigned to any such position has the grade 
61 

S 2229 IS 

1 specified by the President for such position, as provided 

2 in paragraph (2). 

3 ‘‘(2) An officer may be appointed initially to the 

4 grade of general or admiral or lieutenant general or vice 

5 admiral if he is appointed to that grade by the President, 

6 by and with the advice and consent of the Senate. If the 

7 President or Secretary of Defense reassigns such an offi8 cer to another position of importance and responsibility 

9 at the same grade, no further appointment to that grade 

10 is required unless the position to which the officer is reas11 signed is established by law. 

12 ‘‘(3) Except as provided in subsection (b), the ap13 pointment of an officer to a grade under this section for 

14 service in a position of importance and responsibility ends 

15 on the date of the termination of the assignment of the 

16 officer to that position.’’. 

17 SEC. 513. LENGTH OF SERVICE FOR THE CHAIRMAN AND 

18 VICE CHAIRMAN OFTHE JOINT CHIEFS OF 

19 STAFF. 

20 (a) CHAIRMAN OF THE JOINT CHIEFS OF STAFF.— 

21 Subsection (a) of section 152 of title 10, United States 

22 Code, is amended— 

23 (1) by amending paragraph (1) to read as fol24 lows: 
62 

S 2229 IS 

1 ‘‘(1) There is a Chairman of the Joint Chiefs 

2 of Staff, appointed by the President, by and with the 

3 advice and consent of the Senate, from the officers 

4 of the regular components of the armed forces. The 

5 Chairman serves at the pleasure of the President for 

6 a term of two years, and the President may appoint 

7 the Chairman for additional two-year terms as he 

8 determines necessary.’’; and 

9 (2) by striking paragraph (3). 

10 (b) VICE CHAIRMAN OF THE JOINT CHIEFS OF

11 STAFF.—Paragraph (3) of section 154(a) of such title is 

12 amended to read as follows: 

13 ‘‘(3) The Vice Chairman serves at the pleasure of the 

14 President for a term of two years, and the President may 

15 appoint the Vice Chairman for additional two-year terms 

16 as he determines necessary.’’. 

17 SEC. 514. PROMOTION POLICY OBJECTIVES FOR JOINT OF18 FICERS. 

19 Section 662(a)(3) of title 10, United States Code, is 

20 amended by striking ‘‘(other than officers covered in para21 graphs (1) and (2))’’. 
63 

S 2229 IS 

1 Subtitle B—Reserve Component 

2 Management 

3 SEC. 521. REVISED CONCEPT OF INACTIVE DUTY AND RE4 PEAL OF FUNERAL HONORS DUTY. 

5 (a) DEFINITION OF INACTIVE DUTY.—(1) Section 

6 101(d)(7) of title 10, United States Code, is amended by 

7 striking ‘‘training’’. 

8 (2) Section 101(22) of title 37, United States Code, 

9 is amended by striking ‘‘training’’. 

10 (b) COMPENSATION FOR INACTIVE DUTY.—Section 

11 206 of title 37, United States Code, is amended— 

12 (1) by striking ‘‘training’’ in the section title; 

13 (2) in subsection (a)(3)— 

14 (A) in subparagraph (A)(ii), by striking 

15 ‘‘training’’; and 

16 (B) in subparagraph (C), by striking 

17 ‘‘training’’ each place it appears; and 

18 (3) in paragraph (1) of subsection (b)— 

19 (A) by inserting ‘‘(to include telecom20 muting)’’ after ‘‘appropriate duties’’; and 

21 (B) by inserting ‘‘or duty’’ after ‘‘kind of 

22 training’’. 

23 (c) REPEAL OF FUNERAL HONORS DUTY.—(1)(A) 

24 Section 12503 of title 10, United States Code, is repealed. 
64 

S 2229 IS 

1 (B) The table of sections at the beginning of chapter 

2 1213 of such title is amended by striking the item relating 

3 to section 12503. 

4 (2)(A) Section 115 of title 32, United States Code, 

5 is repealed. 

6 (B) The table of sections at the beginning of chapter 

7 1 of such title 32 is amended by striking the item relating 

8 to section 115. 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) Section 802 of title 10, United States Code, 

11 is amended— 

12 (A) in paragraph (3) of subsection (a), by 

13 striking ‘‘inactive-duty training’’ and inserting 

14 ‘‘inactive duty’’; and 

15 (B) in subsection (d)— 

16 (i) in paragraph (2)(B), by striking 

17 ‘‘inactive-duty training’’ and inserting ‘‘in18 active duty’’; and 

19 (ii) in paragraph (5)(B), by striking 

20 ‘‘inactive-duty training’’ and inserting ‘‘in21 active duty’’. 

22 (2) Section 803(d) of such title is amended by 

23 striking ‘‘inactive-duty training’’ and inserting ‘‘in24 active duty’’ each place it appears. 

25 (3) Section 936 of such title is amended— 
65 

S 2229 IS 

1 (A) in subsection (a), by striking ‘‘inactive2 duty training’’ and inserting ‘‘inactive duty’’; 

3 and 

4 (B) in subsection (b), by striking ‘‘inactive5 duty training’’ and inserting ‘‘inactive duty’’. 

6 (4) Section 976(a)(1)(C) of such title is amend7 ed by striking ‘‘inactive-duty training’’ and inserting 

8 ‘‘inactive duty’’. 

9 (5) Section 1061(b) of such title is amended by 

10 striking ‘‘inactive-duty training’’ each place it ap11 pears and inserting ‘‘inactive duty’’. 

12 (6) Section 1074a(a) of such title is amended— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘inactive-duty train15 ing’’ each place it appears and inserting 

16 ‘‘inactive duty’’; and 

17 (ii) by striking subparagraph (C). 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘inactive-duty train20 ing’’ each place it appears and inserting 

21 ‘‘inactive duty’’; and 

22 (ii) by striking subparagraph (C). 

23 (C) in paragraph (3), by striking ‘‘inactive24 duty training’’ each place it appears and insert25 ing ‘‘inactive duty’’; and 
66 

S 2229 IS 

1 (D) by striking paragraph (4). 

2 (7) Section 1076(a)(2) of such title is amend3 ed— 

4 (A) by striking ‘‘inactive-duty training’’ 

5 each place it appears and inserting ‘‘inactive 

6 duty’’; and 

7 (B) by striking subparagraph (E). 

8 (8) Section 1086(c)(2)(B) of such title is 

9 amended by striking ‘‘inactive-duty training’’ each 

10 place it appears and inserting ‘‘inactive duty’’. 

11 (9) Section 1175(e)(2) of such title is amended 

12 by striking ‘‘training’’. 

13 (10) Section 1204 of such title is amended— 

14 (A) by striking ‘‘inactive-duty train15 ing’’ in the section heading and inserting ‘‘in16 active duty’’; and 

17 (B) in paragraph (2)— 

18 (i) by striking ‘‘inactive-duty train19 ing’’ each place it appears and inserting 

20 ‘‘inactive duty’’; 

21 (ii) by inserting ‘‘or’’ at the end of 

22 clause (ii); 

23 (iii) by striking ‘‘or’’ at the end of 

24 clause (iii); and 

25 (iv) by striking subparagraph (C). 
67 

S 2229 IS 

1 (11) Section 1206 of such title is amended— 

2 (A) by striking ‘‘inactive-duty train3 ing’’ in the section heading and inserting ‘‘in4 active duty’’; and 

5 (B) by amending paragraph (2) to read as 

6 follows: 

7 ‘‘(2) the disability is a result of an injury, ill8 ness, or disease incurred or aggravated in line of 

9 duty while— 

10 ‘‘(A) performing active duty or inactive 

11 duty; 

12 ‘‘(B) traveling directly to or from the place 

13 at which such duty is performed; or 

14 ‘‘(C) remaining overnight immediately be15 fore the commencement of inactive duty, or 

16 while remaining overnight between successive 

17 periods of inactive-duty training, at or in the vi18 cinity of the site of the inactive duty, if the site 

19 is outside reasonable commuting distance of the 

20 member’s residence.’’. 

21 (12)(A) Section 12552 is repealed. 

22 (B) The table of sections at the beginning 

23 of chapter 1215 of such title is amended by 

24 striking the item relating to 12552. 
68 

S 2229 IS 

1 (13) Section 1471(b)(3)(A) of such title is 

2 amended by striking ‘‘training’’ each place it ap3 pears. 

4 (14) Section 1475 of such title is amended— 

5 (A) by striking ‘‘training’’ in the head6 ing; and 

7 (B) in subsection (a)— 

8 (i) in paragraph (2), by striking 

9 ‘‘training’’; and 

10 (ii) in paragraph (3), by striking 

11 ‘‘training’’ the second and fourth place it 

12 appears. 

13 (15) Section 1476 of such title is amended— 

14 (A) by striking ‘‘training’’ in the head15 ing; and 

16 (B) in subsection (a), by striking ‘‘inactive17 duty training’’ each place it appears and insert18 ing ‘‘inactive duty’’. 

19 (16) Section 1478(a) of such title is amended— 

20 (A) in paragraph (3), by striking ‘‘train21 ing’’ each place it appears; 

22 (B) in paragraph (7)— 

23 (i) by striking ‘‘training’’ the first 

24 place it appears; and 

25 (ii) by striking ‘‘or training’’; and 
69 

S 2229 IS 

1 (C) in paragraph (8), by striking ‘‘train2 ing’’ each place it appears. 

3 (17) Section 1481(a)(2) of such title is amend4 ed— 

5 (A) by striking ‘‘inactive-duty training’’ 

6 each place it appears and inserting ‘‘inactive 

7 duty’’; 

8 (B) by striking ‘‘; or’’ at the end of sub9 paragraph (E) and inserting a period; and 

10 (C) by striking subparagraph (F). 

11 (18) Section 2031(d)(2) of such title is amend12 ed by striking ‘‘training’’. 

13 (19) Section 9446(a)(3) of such title is amend14 ed by striking ‘‘inactive-duty training’’ and inserting 

15 ‘‘inactive duty’’. 

16 (20) Section 10204(b) of such title is amended 

17 by striking ‘‘inactive duty training’’ and inserting 

18 ‘‘inactive duty’’. 

19 (21) Section 12317 of such title is amended by 

20 striking ‘‘training’’. 

21 (22) Section 12319(c) of such title is amend22 ed— 

23 (A) by striking ‘‘inactive-duty training’’ 

24 each place it appears and inserting ‘‘inactive 

25 duty’’; and 
70 

S 2229 IS 

1 (B) by striking ‘‘that training’’ and insert2 ing ‘‘such duty’’. 

3 (23) Section 12602 of such title is amended— 

4 (A) in subsection (a)(3), by striking ‘‘inac5 tive-duty training’’ each place it appears and in6 serting ‘‘inactive duty’’; and 

7 (B) in subsection (b)(3), by striking ‘‘inac8 tive-duty training’’ each place it appears and in9 serting ‘‘inactive duty’’. 

10 (24) Section 12603 of such title is amended— 

11 (A) by striking ‘‘inactive-duty train12 ing’’ in the section heading and inserting ‘‘in13 active duty’’; and 

14 (B) in subsection (a)— 

15 (i) by striking ‘‘training’’ the first 

16 place it appears; and 

17 (ii) by striking ‘‘the training’’ and in18 serting ‘‘such duty’’. 

19 (25) Section 12604 of such title is amended— 

20 (A) by striking ‘‘inactive-duty train21 ing’’ in the section heading and inserting ‘‘in22 active duty’’; and 

23 (B) in subsection (a), by striking ‘‘inactive24 duty training’’ and inserting ‘‘inactive duty’’. 
71 

S 2229 IS 

1 (26) Section 12732(a) of such title is amend2 ed— 

3 (A) in paragraph (2), by striking subpara4 graph (E); and 

5 (B) by striking ‘‘clauses (A), (B), (C), (D), 

6 and (E)’’ and inserting ‘‘clauses (A), (B), (C), 

7 and (D)’’. 

8 (27) Section 18505 of such title is amended— 

9 (A) by striking ‘‘inactive-duty train10 ing’’ in the section heading and inserting ‘‘in11 active duty’’; and 

12 (B) in subsection (a), by striking ‘‘inactive13 duty training’’ each place it appears and insert14 ing ‘‘inactive duty’’. 

15 (28) Section 114 of title 32, United States 

16 Code, is amended by striking the second sentence. 

17 (29) Section 101(22) of title 37, United States 

18 Code, is amended by striking ‘‘inactive-duty train19 ing’’ and inserting ‘‘inactive duty’’. 

20 (30) Section 204 of such title is amended— 

21 (A) in subsection (g)(1)— 

22 (i) in subparagraph (B), by striking 

23 ‘‘inactive-duty training’’ and inserting ‘‘in24 active duty’’; 
72 

S 2229 IS 

1 (ii) in subparagraph (C), by striking 

2 ‘‘or training’’; 

3 (iii) in subparagraph (D)— 

4 (I) by striking ‘‘inactive-duty 

5 training’’ each place it appears and 

6 inserting ‘‘inactive duty’’; and 

7 (II) by striking ‘‘; or’’ at the end 

8 and inserting a period; and 

9 (iv) by striking subparagraph (E); 

10 and 

11 (B) in subsection (h)(1)— 

12 (i) in subparagraph (B), by striking 

13 ‘‘inactive-duty training’’ and inserting ‘‘in14 active duty’’; 

15 (ii) in subparagraph (C), by striking 

16 ‘‘or training’’; 

17 (iii) in subparagraph (D)— 

18 (I) by striking ‘‘inactive-duty 

19 training’’ each place it appears and 

20 inserting ‘‘inactive duty’’; and 

21 (II) by striking ‘‘; or’’ at the end 

22 and inserting a period; and 

23 (iv) by striking subparagraph (E). 
73 

S 2229 IS 

1 (31) Section 205(e)(2)(A) of such title is 

2 amended by striking ‘‘inactive-duty training’’ and in3 serting ‘‘inactive duty’’. 

4 (32) Section 206 of such title is amended— 

5 (A) by striking ‘‘inactive-duty train6 ing’’ in the section heading and inserting ‘‘in7 active duty’’; and 

8 (B) in subsection (a)(3)— 

9 (i) in subparagraph (A)(ii), by strik10 ing ‘‘inactive-duty training’’ and inserting 

11 ‘‘inactive duty’’; 

12 (ii) in subparagraph (B), by striking 

13 ‘‘or training’’; and 

14 (iii) in subparagraph (C), by striking 

15 ‘‘inactive-duty training’’ each place it ap16 pears and inserting ‘‘inactive duty’’. 

17 (33) Section 308d(a) of such title is amended 

18 by striking ‘‘for training’’. 

19 (34) Section 320(e) of such title is amended by 

20 striking ‘‘TRAINING’’ in the heading. 

21 (35) Section 415 of such title is amended— 

22 (A) in subsection (a)(3), by striking ‘‘inac23 tive-duty training’’ and inserting ‘‘inactive 

24 duty’’; and 
74 

S 2229 IS 

1 (B) in subsection (c)(1), by striking ‘‘train2 ing status’’. 

3 (36) Section 433(d) of such title is amended by 

4 striking ‘‘inactive-duty training’’ and inserting ‘‘in5 active duty’’. 

6 (37) Section 552 of such title is amended— 

7 (A) in subsection (a), by striking ‘‘inactive8 duty training’’ each place it appears and insert9 ing ‘‘inactive duty’’; and 

10 (B) in subsection (d), by striking ‘‘inactive11 duty training’’ and inserting ‘‘inactive duty’’. 

12 (38) Section 106(d)(1) of title 38, United 

13 States Code, is amended by striking ‘‘inactive duty 

14 for training’’ each place it appears and inserting 

15 ‘‘inactive duty’’. 

16 (39) Section 1112(c)(3)(A)(ii) of such title is 

17 amended by striking ‘‘training’’ the second place it 

18 appears. 

19 (40) Section 1302(b)(2) of such title is amend20 ed by striking ‘‘training’’ the second place it ap21 pears. 

22 (41) Section 1312(a)(2)(A) of such title is 

23 amended by striking ‘‘training’’ the second place it 

24 appears. 

25 (42) Section 1965 of such title is amended— 
75 

S 2229 IS 

1 (A) in paragraph (3), by striking ‘‘train2 ing’’; 

3 (B) in paragraph (4), by striking ‘‘train4 ing’’ the second and third place it appears; and 

5 (C) in paragraph (5), by striking ‘‘inactive 

6 duty for training’’ each place it appears and in7 serting ‘‘inactive duty’’. 

8 (43) Section 1967 of such title is amended— 

9 (A) in subsection (a)(1)(B), by striking 

10 ‘‘inactive duty training’’ and inserting ‘‘inactive 

11 duty’’; and 

12 (B) in subsection (b), by striking ‘‘inactive 

13 duty training’’ each place it appears and insert14 ing ‘‘inactive duty’’. 

15 (44) Section 1968 of such title is amended— 

16 (A) in subsection (a)— 

17 (i) by striking ‘‘inactive duty train18 ing’’ and inserting ‘‘inactive duty’’; 

19 (ii) in paragraph (3)— 

20 (I) by striking ‘‘inactive duty 

21 training’’ and inserting ‘‘inactive 

22 duty’’; 

23 (II) by striking ‘‘such scheduled 

24 training period’’ and inserting ‘‘such 

25 scheduled duty’’; 
76 

S 2229 IS 

1 (III) by striking ‘‘such period’’ 

2 and inserting ‘‘such duty’’; and 

3 (IV) by striking ‘‘such training’’ 

4 and inserting ‘‘such duty’’. 

5 (B) in subsection (b)(2), by striking ‘‘inac6 tive duty training’’ and inserting ‘‘inactive 

7 duty’’. 

8 (45) Section 1969(a)(3) of such title is amend9 ed by striking ‘‘inactive duty training’’ and inserting 

10 ‘‘inactive duty’’. 

11 (46) Section 1977(e) of such title is amended 

12 by striking ‘‘inactive duty training’’ and inserting 

13 ‘‘inactive duty’’. 

14 (47) Section 2402(2) of such title is amended 

15 by striking ‘‘inactive duty training’’ and inserting 

16 ‘‘inactive duty’’. 

17 (48) Section 4303 of such title is amended— 

18 (A) in paragraph (13)— 

19 (i) by striking ‘‘inactive duty train20 ing’’ and inserting ‘‘inactive duty’’; and 

21 (ii) by striking ‘‘, and a period for 

22 which a person is absent from employment 

23 for the purpose of performing funeral hon24 ors duty as authorized by section 12503 of 

25 title 10 or section 115 of title 32’’; and 
77 

S 2229 IS 

1 (B) in paragraph (16), by striking ‘‘inac2 tive duty training’’ and inserting ‘‘inactive 

3 duty’’. 

4 (49) Section 704 of title 14, United States 

5 Code, is amended by striking ‘‘inactive-duty train6 ing’’ and inserting ‘‘inactive duty’’. 

7 (50) Section 705(a) of such title is amended by 

8 striking ‘‘inactive-duty training’’ and inserting ‘‘in9 active duty’’. 

10 (51) Section 6323(a)(1) of title 5, United 

11 States Code, is amended— 

12 (A) by striking ‘‘inactive-duty training’’ 

13 and inserting ‘‘inactive duty’’; and 

14 (B) by striking ‘‘funeral honors duty (as 

15 described in section 12503 of title 10 and sec16 tion 115 of title 32),’’. 

17 (52) Section 3121(m) of the Internal Revenue 

18 Code of 1986 (26 U.S.C. 3121(m)) is amended— 

19 (A) in paragraph (1)(B), by striking 

20 ‘‘training’’; and 

21 (B) in paragraph (3), by striking ‘‘train22 ing’’ each place it appears. 
78 

S 2229 IS 

1 SEC. 522. AUTHORIZED STRENGTHS OF NAVY AND MARINE 

2 CORPS RESERVE FLAG AND GENERAL OFFI3 CERS. 

4 Section 12004 of title 10, United States Code, is 

5 amended— 

6 (1) by amending subsection (c) to read as fol7 lows: 

8 ‘‘(c) The authorized strength of the Navy and Marine 

9 Corps under subsection (a) is exclusive of officers counted 

10 under section 526 of this title.’’; 

11 (2) by striking subsection (d); and 

12 (3) by redesignating subsection (e) as sub13 section (d). 

14 SEC. 523. MANDATORY RETENTION ON ACTIVE DUTY TO 

15 QUALIFY FOR RETIREMENT PAY. 

16 Section 12686 of title 10, United States Code, is 

17 amended— 

18 (1) by redesignating subsection (b) as sub19 section (c); and 

20 (2) by inserting after subsection (a) the fol21 lowing new subsection (b): 

22 ‘‘(b) NON-REGULAR RETIREMENT EXCLUSION.— 

23 This section does not apply to a member who, if continued 

24 on active duty, will only qualify for retirement under chap25 ter 1223 of this title for non-regular service.’’. 
79 

S 2229 IS 

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

2 COMPONENTS. 

3 Subsection 10102 of title 10, United States Code, is 

4 amended by striking ‘‘, during and after the period needed 

5 to procure and train additional units and qualified persons 

6 to achieve the planned mobilization,’’. 

7 SEC. 525. ACCOUNTING AND MANAGEMENT OF NATIONAL 

8 GUARD AND RESERVE PERSONNEL PER9 FORMING ACTIVE OR FULL-TIME DUTY. 

10 (a) STRENGTH AUTHORIZATIONS.—Section 115 of 

11 title 10, United States Code, is amended— 

12 (1) in subsection (a)(1)— 

13 (A) in subparagraph (A), by striking ‘‘ac14 tive-duty personnel who’’ and inserting ‘‘active15 duty personnel (other than members of a Re16 serve component described in subsection (b)(2)) 

17 who’’; 

18 (B) in subparagraph (B), by inserting be19 fore the period at the end the following: ‘‘in 

20 connection with organizing, administering, re21 cruiting, instructing, or training the reserve 

22 components of the armed forces to perform du23 ties as prescribed in section 12310 of this title’’; 

24 (2) by striking subsection (h); 
80 

S 2229 IS 

1 (3) by redesignating subsections (b), (c), (d), 

2 (e), (f), and (g) as subsections (c), (d), (e), (f), (g), 

3 and (h), respectively; 

4 (4) by inserting after subsection (a) the fol5 lowing new subsection (b): 

6 ‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE

7 AUTHORIZED BY LAW.—Except as authorized under sub8 section (a)(1), Congress shall authorize the maximum av9 erage strength for members of a Reserve component on 

10 active duty (other than for training) or full time National 

11 Guard duty (other than for training) who are to be paid 

12 from funds appropriated for— 

13 ‘‘(1) reserve personnel; or 

14 ‘‘(2) active duty personnel, to include funds re15 imbursed to reserve appropriations for National 

16 Guard or reserve personnel to perform active duty or 

17 full-time National Guard duty provided— 

18 ‘‘(A) the period of duty is for three years 

19 or less; and 

20 ‘‘(B) the cumulative periods of active duty 

21 (other than for training) and full-time National 

22 Guard duty (other than for training) performed 

23 by the member in the previous 1460 days is less 

24 than 1095 days.’’; 
81 

S 2229 IS 

1 (5) in subsection (e) (as redesignated by para2 graph (3))— 

3 (A) in paragraph (1), by striking ‘‘sub4 section (a) or (c)’’ and inserting ‘‘subsection (a) 

5 or (d)’’; and 

6 (B) in paragraph (2)— 

7 (i) by striking ‘‘subsection (a) and 

8 (c)’’; and inserting ‘‘subsection (a) and 

9 (d)’’; 

10 (ii) by striking ‘‘subsection (a) (as 

11 such levels may be adjusted pursuant to 

12 subsection (e)) and subsection (c)’’ and in13 serting ‘‘subsection (a) (as such levels may 

14 be adjusted pursuant to subsection (f)) and 

15 subsection (d)’’; and 

16 (iii) by striking ‘‘subsection (a) (as 

17 adjusted pursuant to subsection (e)) and 

18 subsection (c)’’ and inserting ‘‘subsection 

19 (a) (as adjusted pursuant to subsection 

20 (f)) and subsection (d)’’; 

21 (6) in subsection (f) (as redesignated by para22 graph (3))— 

23 (A) by striking ‘‘END’’ in the heading; 

24 (B) by striking ‘‘and’’ at the end of para25 graph (2); 
82 

S 2229 IS 

1 (C) in paragraph (3), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (D) by adding at the end the following new 

4 paragraph: 

5 ‘‘(4) increase the strength authorized pursuant 

6 to subsection (b), notwithstanding the restrictions of 

7 subparagraph (A) and (B) of paragraph (2), for a 

8 fiscal year for any of the armed forces by a number 

9 equal to the number of members— 

10 ‘‘(A) of a reserve component of that armed 

11 force on active duty in support of a contingency 

12 operation; 

13 ‘‘(B) of the National Guard called into 

14 Federal service under section 12406 of this 

15 title; 

16 ‘‘(C) of the militia called into Federal serv17 ice under chapter 15 of this title; and 

18 ‘‘(D) of a reserve component called to or 

19 retained on active duty under section 12301(g), 

20 12301(h) or 12322 of this title.’’; and 

21 (7) in paragraph (2) of subsection (g) (as re22 designated by paragraph (3)), by striking ‘‘sub23 section (e)(1)’’ and inserting ‘‘subsection (f)(1)’’. 

24 (b) MILITARY TO MILITARY CONTACT STRENGTH

25 ACCOUNTING.—Section 168 of such title is amended— 
83 

S 2229 IS 

1 (1) by striking subsection (f); and 

2 (2) by redesignating subsection (g) as sub3 section (f). 

4 (c) E–8 AND E–9 STRENGTH ACCOUNTING.—Sub5 section (a) of section 517 of such title is amended by strik6 ing ‘‘(other than for training) in connection with orga7 nizing, administering, recruiting, instructing, or training 

8 the reserve component of an armed force’’ and inserting 

9 ‘‘as authorized under section 115(a)(1)(B) or (b) of this 

10 title’’. 

11 (d) FIELD GRADE OFFICER STRENGTH ACCOUNT12 ING.—Subparagraph (B) of section 523(b)(1) of such title 

13 is amended to read as follows: 

14 ‘‘(B) on active duty or full-time National Guard 

15 duty as authorized under section 115(a)(1)(B) or (b) 

16 of this title.’’; 

17 (e) ACTIVE GUARD AND RESERVE FIELD GRADE OF18 FICER STRENGTH ACCOUNTING.—Paragraph (2) of sec19 tion 12011(e) of such title is amended by inserting before 

20 the period at the end the following: ‘‘in connection with 

21 organizing, administering, recruiting, instructing, or train22 ing members of the National Guard’’. 

23 (f) WARRANT OFFICER ACTIVE-DUTY LIST EXCLU24 SION.—Paragraph (1) of section 582 of such title is 

25 amended— 
84 

S 2229 IS 

1 (1) by inserting ‘‘or’’ after the semicolon at the 

2 end of subparagraph (A); 

3 (2) by amending subparagraph (B) to read as 

4 follows: 

5 ‘‘(B) on active duty or full-time National Guard 

6 duty as authorized under section 115(a)(1)(B) or (b) 

7 of this title.’’; and 

8 (3) by striking subparagraphs (C), (D), and 

9 (E). 

10 (g) OFFICER ACTIVE-DUTY LIST, APPLICABILITY OF

11 CHAPTER.—Paragraph (1) of section 641 of such title 10, 

12 United States Code, is amended— 

13 (1) by inserting ‘‘or’’ after the semicolon at the 

14 end of subparagraph (A); 

15 (2) by amending subparagraph (B) to read as 

16 follows: 

17 ‘‘(B) on active duty or full-time National Guard 

18 duty as authorized under section 115(a)(1)(B) or (b) 

19 of this title.’’; and 

20 (3) by striking subparagraphs (C), (D), (E), 

21 (F), (G), and (H). 

22 (h) STRENGTH ACCOUNTING FOR MEMBERS PER23 FORMING DRUG INTERDICTION AND COUNTER-DRUG AC24 TIVITIES.—Section 112 of title 32, United States Code, 

25 is amended— 
85 

S 2229 IS 

1 (1) by amending subsection (e) to read as fol2 lows: 

3 ‘‘(e) STRENGTH ACCOUNTING.—Members of the Na4 tional Guard on active duty or full-time National Guard 

5 duty for the purposes of administering this section shall 

6 be accounted for under section 115(b) of title 10.’’; and 

7 (2) in subsection (f)(1), by striking ‘‘for a pe8 riod of more than 180 days’’ each place it appears. 

9 SEC. 526. WAIVE REQUIREMENT THAT RESERVE CHIEFS 

10 AND NATIONAL GUARD DIRECTORS MUST 

11 HAVE SIGNIFICANT JOINT DUTY EXPERI12 ENCE. 

13 (a) CHIEF OF ARMY RESERVE.—Section 3038(b)(4) 

14 of title 10, United States Code, is amended by striking 

15 ‘‘Until December 31, 2004, the’’ and inserting ‘‘The’’. 

16 (b) CHIEF OF NAVAL RESERVE.—Section 5143(b)(4) 

17 of such title is amended by striking ‘‘Until December 31, 

18 2004, the’’ and inserting ‘‘The’’. 

19 (c) COMMANDER MARINE FORCES RESERVE.—Sec20 tion 5144(b)(4) of such title is amended by striking ‘‘Until 

21 December 31, 2004, the’’ and inserting ‘‘The’’. 

22 (d) CHIEF OF AIR FORCE RESERVE.—Section 

23 8038(b)(4) of such title is amended by striking ‘‘Until De24 cember 31, 2004, the’’ and inserting ‘‘The’’. 
86 

S 2229 IS 

1 (e) DIRECTOR, ARMY NATIONAL GUARD AND DIREC2 TOR, AIR NATIONAL GUARD.—Section 10506(a)(3)(D) of 

3 such title is amended by striking ‘‘Until December 31, 

4 2004, the’’ and inserting ‘‘The’’. 

5 SEC. 527. EXTENDING AGE LIMITS FOR RESERVE AND NA6 TIONAL GUARD GENERAL AND FLAG OFFI7 CERS. 

8 (a) MAXIMUM AGE FOR RESERVE COMPONENT GEN9 ERAL AND FLAG OFFICERS.—(1) Section 14511 of title 

10 10, United States Code, is amended to read as follows: 

11 ‘‘§ 14511. Separation at age 68: reserve officers in 

12 grades above colonel or Navy captain 

13 ‘‘(a) MAXIMUM AGE.—Unless retired, transferred to 

14 the Retired Reserve, or discharged at an earlier date, each 

15 reserve officer of the Army, Air Force, or Marine Corps 

16 in a grade above colonel and each reserve officer of the 

17 Navy in a grade above captain shall be separated in ac18 cordance with section 14515 of this title on the last day 

19 of the month in the month in which the officer becomes 

20 68 years of age. 

21 ‘‘(b) RETENTION BEYOND AGE 68.—Notwith22 standing subsection (a), the Secretary of Defense may 

23 defer the retirement of a reserve officer serving in a grade 

24 above colonel in the case of the Army, Air Force, or Ma25 rine Corps, or a reserve officer serving in a grade above 
87 

S 2229 IS 

1 captain in the case of the Navy, but such a deferment may 

2 not extend beyond the last day of the month following the 

3 month in which the officer becomes 72 years of age.’’. 

4 (2) Sections 14510 and 14512 of such title are re5 pealed. 

6 (b) REPEAL YEARS OF SERVICE REQUIREMENT FOR

7 RESERVE COMPONENT GENERAL AND FLAG OFFICER.— 

8 Section 14508 of such title is repealed. 

9 (c) ELIMINATION OF TERM LIMITATION FOR RE10 SERVE COMPONENT GENERAL AND FLAG OFFICER POSI11 TIONS.—(1) Section 10502 of such title is amended— 

12 (A) by striking subsection (b); and 

13 (B) by redesignating subsections (c) and (d) as 

14 subsections (b) and (c), respectively. 

15 (2) Subsection (a) of section 10505 of such title is 

16 amended— 

17 (A) by striking paragraph (3); and 

18 (B) by redesignating paragraph (4) as para19 graph (3). 

20 (3) Subsection (c) of section 3038 of such title is 

21 amended to read as follows: 

22 ‘‘(c) GRADE.—The Chief of Army Reserve, while so 

23 serving, holds the grade of lieutenant general.’’; 

24 (4) Subsection (c) of section 5143 of such title is 

25 amended to read as follows: 
88 

S 2229 IS 

1 ‘‘(c) GRADE.—The Chief of Naval Reserve, while so 

2 serving, holds the grade of vice admiral.’’; 

3 (5) Subsection (c) of section 5144 of such title is 

4 amended to read as follows: 

5 ‘‘(c) GRADE.—The Commander, Marine Forces Re6 serve, while so serving, holds the grade of lieutenant gen7 eral.’’; 

8 (6) Subsection (c) of section 8038 of such title is 

9 amended to read as follows: 

10 ‘‘(c) GRADE.—(1) The Chief of Air Force Reserve, 

11 while so serving, holds the grade of lieutenant general.’’; 

12 (7) Paragraph (3) of section 10506(a) of such title 

13 is amended by striking subparagraph (E). 

14 (d) CONFORMING AMENDMENTS.—(1) Section 10214 

15 of such title is amended by striking ‘‘sections 12004(b)(1), 

16 12215, 12642(c), 14507(b), 14508(e), and 14512’’ and 

17 inserting ‘‘sections 12004(b)(1), 12215, 12642(c), and 

18 14507(b)’’. 

19 (2) Section 14514 of such title is amended by striking 

20 ‘‘section 14507, 14508, 14704, or 14705’’ and inserting 

21 ‘‘section 14507, 14704, or 14705’’. 

22 (3) Section 14515 of such title is amended by striking 

23 ‘‘section 14509, 14510, 14511, or 14512’’ and inserting 

24 ‘‘section 14509 or 14511’’. 
89 

S 2229 IS 

1 (4) Section 14702 of such title is amended by striking 

2 ‘‘section 14506, 14507, or 14508’’ and inserting ‘‘section 

3 14506 or 14507’’. 

4 (5) Section 14705 of such title is repealed. 

5 (6) The table of sections at the beginning of chapter 

6 1407 of such title is amended— 

7 (A) by amending the item relating to section 

8 14511 to read as follows: 

‘‘14511. Separation at age 68: reserve officers in grades above colonel or Navy 

captain.’’; 

9 and 

10 (B) by striking the items relating to sections 

11 14508, 14510, and 14512. 

12 (7) Subsection (a) of section 324 of title 32, United 

13 States Code, is amended by striking ‘‘An officer’’ and in14 serting ‘‘Except as provided in section 14511 of title 10, 

15 an officer’’. 

16 SEC. 528. EXPANDED USE OF RESERVE COMPONENT MEM17 BERS TO PERFORM DEVELOPMENTAL TEST18 ING AND NEW EQUIPMENT TRAINING. 

19 (a) REIMBURSEMENT.—The Secretary of the Army 

20 may transfer from funds available to support an acquisi21 tion program the amount necessary to reimburse the ap22 propriate reserve component military personnel account 

23 for costs charged that account for military pay and allow-
90 

S 2229 IS 

1 ances in connection with the demonstration program de2 scribed in subsection (b). 

3 (b) DEMONSTRATION PROGRAM.—(1) A demonstra4 tion program under this section shall evaluate— 

5 (A) cost savings and other benefits that may re6 sult from the use of members of the reserve compo7 nents to perform test, evaluation, and related activi8 ties for an acquisition program, rather than the use 

9 of contractor personnel for such purposes; and 

10 (B) the use of appropriations available for 

11 multi-year research, development, testing and eval12 uation and procurement to reimburse reserve compo13 nents for the pay, allowances, and expenses incurred 

14 when such members perform duties to conduct ac15 quisition, logistics, and new equipment training ac16 tivities in connection with the demonstration pro17 gram. 

18 (2) Nothing in this section authorizes a deviation 

19 from established Reserve and National Guard personnel 

20 and training procedures. 

21 (c) LIMITATION ON AMOUNT.—Not more than 

22 $10,000,000 may be transferred under this section during 

23 each year of the demonstration program. 

24 (d) MERGER OF TRANSFERRED FUNDS.—Funds 

25 transferred to an account under this section shall be 
91 

S 2229 IS 

1 merged with other sums in the account and shall be avail2 able for the same period and purposes as the sums with 

3 which merged. 

4 (e) RELATIONSHIP TO OTHER TRANSFER AUTHOR5 ITY.—The transfer authority under this section is in addi6 tion to any other transfer authority. 

7 (f) TERMINATION.—The demonstration program 

8 under this section shall terminate on September 30, 2009. 

9 Subtitle C—ROTC and Military 

10 Service Academies 

11 SEC. 531. INSTITUTIONS OF HIGHER EDUCATION THAT 

12 PREVENT ROTC ACCESS OR MILITARY RE13 CRUITING ON CAMPUS; EQUAL TREATMENT 

14 WITH OTHER EMPLOYERS. 

15 Section 983(b)(1) of title 10, United States Code, is 

16 amended by striking ‘‘; or’’ at the end and inserting ‘‘, 

17 that is at least equal in quality and scope to that provided 

18 to any other employer; or’’. 

19 SEC. 532. BOARD OF VISITORS; UNITED STATES AIR FORCE 

20 ACADEMY; UNITED STATES MILITARY ACAD21 EMY; UNITED STATES NAVAL ACADEMY. 

22 (a) UNITED STATES AIR FORCE ACADEMY.—Section 

23 9355 of title 10, United States Code, is amended to read 

24 as follows: 
92 

S 2229 IS 

1 ‘‘§ 9355. Board of Visitors 

2 ‘‘(a) A Board of Visitors to the Academy is con3 stituted annually of— 

4 ‘‘(1) two members of the Senate designated by 

5 the Vice President or the President pro tempore of 

6 the Senate; 

7 ‘‘(2) one person, who is not a member of the 

8 Senate, as designated by the Vice President or the 

9 President pro tempore of the Senate; 

10 ‘‘(3) three members of the House of Represent11 atives designated by the Speaker of the House of 

12 Representatives; 

13 ‘‘(4) one person, who is not a member of the 

14 House of Representatives, designated by the Speaker 

15 of the House of Representatives; and 

16 ‘‘(5) eight persons designated by the President, 

17 or his designee. 

18 ‘‘(b) All Board members will pledge full participation 

19 in executing their responsibilities to the Board. The per20 sons designated by the President serve for three years 

21 each except that any member whose term of office has ex22 pired shall continue to serve until his successor is ap23 pointed. The President shall designate replacement mem24 bers each year to succeed the members appointed by the 

25 President whose terms expire that year. At least two per-
93 

S 2229 IS 

1 sons designated by the President shall be graduates of the 

2 Air Force Academy. 

3 ‘‘(c) If a member of the Board dies or resigns, a suc4 cessor shall be designated for the unexpired portion of the 

5 term by the official who designated the member. If a mem6 ber fails to attend or fully participate in two successive 

7 Board meetings, Board membership will be automatically 

8 terminated, unless granted prior excusal from those meet9 ings, for good cause, by the Board Chairman. 

10 ‘‘(d) When possible, the Board should meet at least 

11 four times a year, with at least two of those meetings at 

12 the Academy. The Board or its members may make other 

13 visits to the Academy in connection with the duties of the 

14 Board. 

15 ‘‘(e) Board meetings should last at least one full day. 

16 The Board shall inquire into the morale, discipline, and 

17 social climate, the curriculum, instruction, physical equip18 ment, fiscal affairs, academic methods, and other matters 

19 relating to the Academy which the Board decides to con20 sider and receive candid and complete disclosure, con21 sistent with applicable laws concerning disclosure of infor22 mation, by the Secretary of the Air Force and Academy 

23 Superintendent of all institutional problems, and to rec24 ommend appropriate action. Board members shall have 

25 unfettered access to Academy grounds and cadets. 
94 

S 2229 IS 

1 ‘‘(f) Within 30 days after any meeting, the Board 

2 shall submit a written report to the Secretary of Defense, 

3 through the Secretary of the Air Force, with its views and 

4 recommendations pertaining to the Academy. 

5 ‘‘(g) Upon approval by the Secretary, the Board may 

6 call in advisers for consultation. 

7 ‘‘(h) While performing duties, each member of the 

8 Board and each adviser shall be reimbursed under Govern9 ment travel regulations for travel expenses.’’. 

10 (b) UNITED STATES MILITARY ACADEMY.—Section 

11 4355 of such title is amended to read as follows: 

12 ‘‘§ 4355. Board of Visitors 

13 ‘‘(a) A Board of Visitors to the Academy is con14 stituted annually of— 

15 ‘‘(1) two members of the Senate designated by 

16 the Vice President or the President pro tempore of 

17 the Senate; 

18 ‘‘(2) one person, who is not a member of the 

19 Senate, as designated by the Vice President or the 

20 President pro tempore of the Senate; 

21 ‘‘(3) three members of the House of Represent22 atives designated by the Speaker of the House of 

23 Representatives; 
95 

S 2229 IS 

1 ‘‘(4) one person, who is not a member of the 

2 House of Representatives, designated by the Speaker 

3 of the House of Representatives; and 

4 ‘‘(5) eight persons designated by the President, 

5 or his designee. 

6 ‘‘(b) All Board members will pledge full participation 

7 in executing their responsibilities to the Board. The per8 sons designated by the President serve for three years 

9 each except that any member whose term of office has ex10 pired shall continue to serve until his successor is ap11 pointed. The President shall designate replacement mem12 bers each year to succeed the members appointed by the 

13 President whose terms expire that year. At least two per14 sons designated by the President shall be graduates of the 

15 United States Military Academy. 

16 ‘‘(c) If a member of the Board dies or resigns, a suc17 cessor shall be designated for the unexpired portion of the 

18 term by the official who designated the member. If a mem19 ber fails to attend or fully participate in two successive 

20 Board meetings, Board membership will be automatically 

21 terminated, unless granted prior excusal from those meet22 ings, for good cause, by the Board Chairman. 

23 ‘‘(d) When possible, the Board should meet at least 

24 four times a year, with at least two of those meetings at 

25 the Academy. The Board or its members may make other 
96 

S 2229 IS 

1 visits to the Academy in connection with the duties of the 

2 Board. 

3 ‘‘(e) Board meetings should last at least one full day. 

4 The Board shall inquire into the morale, discipline, and 

5 social climate, the curriculum, instruction, physical equip6 ment, fiscal affairs, academic methods, and other matters 

7 relating to the Academy which the Board decides to con8 sider and receive candid and complete disclosure, con9 sistent with applicable laws concerning disclosure of infor10 mation, by the Secretary of the Army and Academy Super11 intendent of all institutional problems, and to recommend 

12 appropriate action. Board members shall have unfettered 

13 access to Academy grounds and cadets. 

14 ‘‘(f) Within 30 days after any meeting, the Board 

15 shall submit a written report to the Secretary of Defense, 

16 through the Secretary of the Army, with its views and rec17 ommendations pertaining to the Academy. 

18 ‘‘(g) Upon approval by the Secretary, the Board may 

19 call in advisers for consultation. 

20 ‘‘(h) While performing duties, each member of the 

21 Board and each adviser shall be reimbursed under Govern22 ment travel regulations for travel expenses.’’. 

23 (c) UNITED STATES NAVAL ACADEMY.—Section 

24 6968 of such title is amended to read as follows: 
97 

S 2229 IS 

1 ‘‘§ 6968. Board of Visitors 

2 ‘‘(a) A Board of Visitors to the Naval Academy is 

3 constituted annually of— 

4 ‘‘(1) two members of the Senate designated by 

5 the Vice President or the President pro tempore of 

6 the Senate; 

7 ‘‘(2) one person, who is not a member of the 

8 Senate, as designated by the Vice President or the 

9 President pro tempore of the Senate; 

10 ‘‘(3) three members of the House of Represent11 atives designated by the Speaker of the House of 

12 Representatives; 

13 ‘‘(4) one person, who is not a member of the 

14 House of Representatives, designated by the Speaker 

15 of the House of Representatives; and 

16 ‘‘(5) eight persons designated by the President, 

17 or his designee. 

18 ‘‘(b) All Board members will pledge full participation 

19 in executing their responsibilities to the Board. The per20 sons designated by the President serve for three years 

21 each except that any member whose term of office has ex22 pired shall continue to serve until his successor is ap23 pointed. The President shall designate replacement mem24 bers each year to succeed the members appointed by the 

25 President whose terms expire that year. At least two per-
98 

S 2229 IS 

1 sons designated by the President shall be graduates of the 

2 United States Naval Academy. 

3 ‘‘(c) If a member of the Board dies or resigns, a suc4 cessor shall be designated for the unexpired portion of the 

5 term by the official who designated the member. If a mem6 ber fails to attend or fully participate in two successive 

7 Board meetings, Board membership will be automatically 

8 terminated, unless granted prior excusal from those meet9 ings, for good cause, by the Board Chairman. 

10 ‘‘(d) When possible, the Board should meet at least 

11 four times a year, with at least two of those meetings at 

12 the Academy. The Board or its members may make other 

13 visits to the Academy in connection with the duties of the 

14 Board. 

15 ‘‘(e) Board meetings should last at least one full day. 

16 The Board shall inquire into the morale, discipline, and 

17 social climate, the curriculum, instruction, physical equip18 ment, fiscal affairs, academic methods, and other matters 

19 relating to the Academy which the Board decides to con20 sider and receive candid and complete disclosure, con21 sistent with applicable laws concerning disclosure of infor22 mation, by the Secretary of the Navy and Academy Super23 intendent of all institutional problems, and to recommend 

24 appropriate action. Board members shall have unfettered 

25 access to Academy grounds and cadets. 
99 

S 2229 IS 

1 ‘‘(f) Within 30 days after any meeting, the Board 

2 shall submit a written report to the Secretary of Defense, 

3 through the Secretary of the Navy, with its views and rec4 ommendations pertaining to the Academy. 

5 ‘‘(g) Upon approval by the Secretary, the Board may 

6 call in advisers for consultation. 

7 ‘‘(h) While performing duties, each member of the 

8 Board and each adviser shall be reimbursed under Govern9 ment travel regulations for travel expenses.’’. 

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

11 BOARD. 

12 (a) UNITED STATES AIR FORCE ACADEMY.—Section 

13 9335 of title 10, United States Code, is amended to read 

14 as follows: 

15 ‘‘§ 9335. Dean of the Faculty 

16 ‘‘(a) There shall be a Dean of the Faculty at the 

17 Academy responsible to the Superintendent for developing 

18 and sustaining the curriculum and overseeing the faculty. 

19 Notwithstanding any other provision in law, the qualifica20 tions, selection procedures, training, retention, and deter21 minations of appropriate pay grade of the Dean of Faculty 

22 shall be prescribed by the Secretary of the Air Force. Can23 didates for Dean of Faculty shall be serving officers or 

24 retired or former officers with terminal degrees. The Dean 

25 may be either a military officer or a civilian. 
100 

S 2229 IS 

1 ‘‘(b) While serving as Dean of the Faculty, an officer 

2 incumbent who holds a grade lower than brigadier general 

3 shall hold the grade of brigadier general, if appointed to 

4 that grade by the President, by and with the advice and 

5 consent of the Senate. The retirement age of an officer 

6 so appointed is that of a permanent professor of the Acad7 emy. An officer so appointed is counted for purposes of 

8 the limitation in section 526(a) of this title on general offi9 cers of the Air Force on active duty. A civilian incumbent 

10 will be designated as a member of the Senior Executive 

11 Service.’’. 

12 (b) UNITED STATES MILITARY ACADEMY.—Section 

13 4335 of such title is amended to read as follows: 

14 ‘‘§ 4335. Dean of Academic Board 

15 ‘‘(a) There shall be a Dean of the Academic Board 

16 at the Academy responsible to the Superintendent for de17 veloping and sustaining the curriculum and overseeing the 

18 faculty. Notwithstanding any other provision in law, the 

19 qualifications, selection procedures, training, retention, 

20 and determinations of appropriate pay grade of the Dean 

21 of the Academic Board shall be prescribed by the Sec22 retary of the Army. Candidates for Dean of Faculty shall 

23 be serving officers or retired or former officers with ter24 minal degrees. The Dean may be either a military officer 

25 or a civilian. 
101 

S 2229 IS 

1 ‘‘(b) While serving as Dean of the Academic Board, 

2 an officer incumbent who holds a grade lower than briga3 dier general shall hold the grade of brigadier general, if 

4 appointed to that grade by the President, by and with the 

5 advice and consent of the Senate. The retirement age of 

6 an officer so appointed is that of a permanent professor 

7 of the Academy. An officer so appointed is counted for 

8 purposes of the limitation in section 526(a) of this title 

9 on general officers of the Army on active duty. A civilian 

10 incumbent will be designated as a member of the Senior 

11 Executive Service.’’. 

12 SEC. 534. REPEAL OF REQUIREMENT THAT MILITARY 

13 ACADEMY SUPERINTENDENTS RETIRE AFTER 

14 ASSIGNMENT. 

15 (a) REPEAL.—Sections 3921, 4333a, 6371, 6951a, 

16 8921 and 9333a of title 10, United States Code, are re17 pealed. 

18 (b) CLERICAL AMENDMENTS.— 

19 (1) The table of sections at the beginning of 

20 chapter 367 of such title is amended by striking the 

21 item relating to section 3921. 

22 (2) The table of sections at the beginning of 

23 chapter 403 of such title is amended by striking the 

24 item relating to section 4333a. 
102 

S 2229 IS 

1 (3) The table of sections at the beginning of 

2 chapter 573 of such title is amended by striking the 

3 item relating to section 6371. 

4 (4) The table of sections at the beginning of 

5 chapter 603 of such title is amended by striking the 

6 item relating to section 6951a. 

7 (5) The table of sections at the beginning of 

8 chapter 867 of such title is amended by striking the 

9 item relating to section 8921. 

10 (6) The table of sections at the beginning of 

11 chapter 903 of such title is amended by striking the 

12 item relating to section 9333a. 

13 Subtitle D—Other Military 

14 Education and Training Matters 

15 SEC. 541. EDUCATION LOAN REPAYMENTS FOR HEALTH 

16 PROFESSIONS OFFICERS OF THE RESERVE 

17 COMPONENTS. 

18 Section 16302(a)(5) of title 10, United States Code, 

19 is amended by inserting ‘‘a basic professional qualifying 

20 degree (as determined under regulations issued by the 

21 Secretary of Defense) or graduate education in’’ after ‘‘re22 garding’’. 
103 

S 2229 IS 

1 SEC. 542. CONFERRAL OF DEGREES TO GRADUATES OF THE 

2 COMMUNITY COLLEGE OF THE AIR FORCE. 

3 (a) AUTHORITY TO CONFER DEGREES.—Section 

4 9315(c) of title 10, United States Code, is amended— 

5 (1) in paragraph (1), by striking ‘‘Air Edu6 cation and Training Command of the Air Force’’ 

7 and inserting ‘‘Air University’’; and 

8 (2) in paragraph (2), by striking ‘‘Air Edu9 cation and Training Command of the Air Force’’ 

10 and inserting ‘‘Air University’’. 

11 (b) Section 9317 of such title is amended— 

12 (1) in the section heading, by striking ‘‘grad13 uate-level degrees’’ and inserting ‘‘graduate 

14 and associate-level degrees’’; 

15 (2) by striking ‘‘and’’ at the end of paragraph 

16 (2); 

17 (3) by striking the period at the end of para18 graph (3) and inserting ‘‘; and’’; and 

19 (4) by adding at the end the following new 

20 paragraph: 

21 ‘‘(4) an associate level degree upon graduates of 

22 the Community College of the Air Force.’’. 

23 (c) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 901 of such title is amended 
104 

S 2229 IS 

1 by striking the item relating to section 9317 and inserting 

2 the following: 

‘‘9317. Air University: graduate and associate-level degrees.’’. 

3 SEC. 543. THREE YEAR EDUCATIONAL LEAVE OF ABSENCE. 

4 Section 708(a) of title 10, United States Code, is 

5 amended by striking ‘‘two years’’ and inserting ‘‘three 

6 years’’. 

7 SEC. 544. LENGTH OF PHASE II JOINT PROFESSIONAL MILI8 TARY EDUCATION. 

9 Section 663 of title 10, United States Code, is 

10 amended by striking subsection (e). 

11 SEC. 545. CHANGING THE TITLES OF THE HEADS OF THE 

12 NAVAL POSTGRADUATE SCHOOL. 

13 (a) PRESIDENT OF THE NAVAL POSTGRADUATE

14 SCHOOL.—(1) Section 7042 of title 10, United States 

15 Code, is amended— 

16 (A) by striking ‘‘Superintendent’’ in the 

17 section heading and inserting ‘‘President’’; and 

18 (B) by striking ‘‘Superintendent’’ each place it 

19 appears and inserting ‘‘President’’. 

20 (2) Section 7044 of such title is amended by striking 

21 ‘‘Superintendent’’ and inserting ‘‘President’’; 

22 (3) Subsection 7048(a) of such title is amended by 

23 striking ‘‘Superintendent’’ and inserting ‘‘President’’; and 

24 (4) Subsection 7049(e) of such title is amended by 

25 striking ‘‘Superintendent’’ and inserting ‘‘President’’. 
105 

S 2229 IS 

1 (b) PROVOST AND ACADEMIC DEAN.—(1) Section 

2 7043 of title 10, United States Code, is amended— 

3 (A) by amending the section heading to read as 

4 follows: 

5 ‘‘§ 7043. Provost and Academic Dean’’; 

6 (B) by amending subsection (a) to read as fol7 lows: 

8 ‘‘(a) There is at the Naval Postgraduate School the 

9 single civilian position of Provost and Academic Dean. The 

10 Provost and Academic Dean shall be appointed, to serve 

11 for periods of not more than five years, by the Secretary 

12 of the Navy after consultation with the Naval Post13 graduate School Board of Advisors and consideration of 

14 the recommendation of the leadership and faculty of the 

15 Naval Postgraduate School.’’; and 

16 (C) in subsection (b), by striking ‘‘Academic 

17 Dean’’ and inserting ‘‘Provost and Academic Dean’’. 

18 (2) Section 5102(c)(10) of title 5, United States 

19 Code, is amended by striking ‘‘Academic Dean’’ and in20 serting ‘‘Provost and Academic Dean’’. 

21 (3) Section 7081(a) of title 10, United States Code, 

22 is amended by striking ‘‘Academic Dean’’ and inserting 

23 ‘‘Provost and Academic Dean’’. 

24 (c) CLERICAL AMENDMENTS.—The table of sections 

25 at the beginning of chapter 605 of such title is amended 
106 

S 2229 IS 

1 by striking the items related to sections 7042 and 7043 

2 and inserting the following new items: 

‘‘7042. President: assistants. 

‘‘7043. Provost and Academic Dean.’’. 

3 SEC. 546. NEW MISSION STATEMENT AND EXPANDED ELIGI4 BILITY FOR ENLISTED PERSONNEL AT THE 

5 NAVAL POSTGRADUATE SCHOOL. 

6 (a) COMBAT RELATED FOCUS OF THE NAVAL POST7 GRADUATE SCHOOL.—(1) Section 7041 of title 10, United 

8 States Code, is amended to read as follows: 

9 ‘‘§ 7041. Function 

10 ‘‘There is a United States Naval Postgraduate School 

11 that provides advanced instruction, and technical and pro12 fessional education to military members to enhance com13 bat effectiveness and our national security.’’. 

14 (2) Section 7042(b)(1) of such title is amended by 

15 striking ‘‘advanced instruction and technical education’’ 

16 and inserting ‘‘advanced instruction, and technical and 

17 professional education’’. 

18 (b) EXPANDED ELIGIBILITY FOR ENLISTED PER19 SONNEL.—Section 7045 of such title is amended— 

20 (1) by striking ‘‘Officers of the armed 

21 forces; enlisted members’’ in the section head22 ing and inserting ‘‘Members of the other 

23 armed forces’’; 
107 

S 2229 IS 

1 (2) by striking ‘‘officers’’ each place it appears 

2 and inserting ‘‘members’’; and 

3 (3) in subsection (a)— 

4 (A) by striking ‘‘(1)’’; and 

5 (B) by striking paragraph (2). 

6 (c) REIMBURSEMENT OF COSTS.—Subsection (b) of 

7 such section is amended— 

8 (1) by striking paragraph (2); and 

9 (2) by redesignating paragraph (3) as para10 graph (2). 

11 (d) RECIPROCAL AGREEMENTS.—Section 7047 of 

12 such title is amended by striking ‘‘an officer’’ and insert13 ing ‘‘a member’’. 

14 (e) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 605 of such title is amended 

16 by striking the item relating to section 7045 and inserting 

17 the following: 

‘‘7045. Members of other armed forces: admission.’’. 

18 SEC. 547. CHANGE IN DEPARTMENT OF DEFENSE SCHOOLS 

19 ENROLLMENT FOR CHILDREN OF LOCALLY20 HIRED EMPLOYEES WORKING OVERSEAS. 

21 Section 1404 of the Defense Dependents’ Education 

22 Act of 1978 (20 U.S.C. 923), is amended by adding at 

23 the end the following new subsection: 

24 ‘‘(e) The Secretary of Defense may authorize the en25 rollment in schools of the defense dependents’ education 
108 

S 2229 IS 

1 system on a tuition-free basis the children of full-time, lo2 cally-hired employees of the Department of Defense in an 

3 overseas area, when such employees are citizens or nation4 als of the United States. The Secretary may program 

5 funds (including funds for construction) for the education 

6 of such children.’’. 

7 Subtitle E—Administrative Matters 

8 SEC. 551. ANNUAL REPORT TO CONGRESS CONCERNING 

9 JOINT OFFICER MANAGEMENT. 

10 Section 667 of title 10, United States Code, is 

11 amended to read as follows: 

12 ‘‘§ 667. Annual report to Congress 

13 ‘‘The Secretary of Defense shall include in the annual 

14 report of the Secretary to Congress under section 113(c) 

15 of this title, for the period covered by the report, the fol16 lowing information (which shall be shown for the Depart17 ment of Defense as a whole and separately for the Army, 

18 Navy, Air Force, and Marine Corps): 

19 ‘‘(1) The number of joint specialty officers, re20 ported by grade and by branch or specialty. 

21 ‘‘(2) An assessment of the extent to which the 

22 Secretary of each military department is assigning 

23 personnel to joint duty assignments in accordance 

24 with this chapter and the policies, procedures, and 
109 

S 2229 IS 

1 practices established by the Secretary of Defense 

2 under section 661(a) of this title. 

3 ‘‘(3) The number of waivers granted under sec4 tion 619a(b)(1) of this title for officers in the grade 

5 of colonel or, in the case of the Navy, captain, for 

6 each of the years preceding the year in which the re7 port is submitted. 

8 ‘‘(4) The officers whose service in joint duty as9 signments during the year covered by the report ter10 minated before the officers completed the full tour of 

11 duty in those assignments, expressed as a percent of 

12 the total number of officers in joint duty assign13 ments during that year. 

14 ‘‘(5) The percentage of fill of student quotas for 

15 each course of the National Defense University for 

16 the year covered by the report. 

17 ‘‘(6) A list of the joint task force headquarters 

18 in which service was approved for crediting as a 

19 joint duty assignment for the year covered by the re20 port. 

21 ‘‘(7) A comparison of the promotion rates for 

22 officers serving in or have served in joint duty as23 signments and were considered for promotion within 

24 the promotion zone, with the promotion rates for 

25 other officers in the same grade and the same com-
110 

S 2229 IS 

1 petitive category who are serving in the armed force 

2 concerned and were considered for promotion within 

3 the promotion zone. 

4 ‘‘(8) If any of the comparisons in paragraph (7) 

5 indicate that the promotion rates for officers fail to 

6 meet the objective set forth in section 662(a) of this 

7 title, information on the failure and on what action 

8 the Secretary has taken or plans to take to prevent 

9 further failures. 

10 ‘‘(9) Any other information relating to joint of11 ficer management that the Secretary of Defense con12 siders significant.’’. 

13 SEC. 552. REVISED DEFINITIONS APPLICABLE TO JOINT 

14 DUTY. 

15 Section 668 of title 10, United States Code, is 

16 amended— 

17 (1) in subsection (b)(2), by striking ‘‘The Sec18 retary shall publish a list showing’’ and inserting 

19 ‘‘The Secretary shall publish a Joint Duty Assign20 ment List that will show’’; and 

21 (2) in subsection (c), by striking ‘‘a tour of 

22 duty in which an officer serves in more than one 

23 joint duty assignment within the same organization 

24 without a break between such assignments shall be 

25 considered to be a single tour of duty in a joint duty 
111 

S 2229 IS 

1 assignment’’ and inserting ‘‘a single tour of duty for 

2 the purpose of awarding joint duty credit can be de3 fined as one in which the officer serves consecutive 

4 tours in joint duty assignment positions that award 

5 joint duty credit, or service as otherwise prescribed 

6 by the Secretary of Defense’’. 

7 SEC. 553. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE 

8 MILITARY VOTERS LOCATED IN THE UNITED 

9 STATES. 

10 (a) DUTIES OF PRESIDENTIAL DESIGNEE.—Section 

11 101(b)(3) of the Uniformed and Overseas Citizens Absen12 tee Voting Act (42 U.S.C. 1973ff(b)(3)) is amended by 

13 striking ‘‘overseas voters’’ and inserting ‘‘absent uni14 formed services voters and overseas voters’’. 

15 (b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Sec16 tion 103 of such Act (42 U.S.C. 1973ff–2) is amended— 

17 (1) in the section heading, by striking 

18 ‘‘OVERSEAS VOTERS’’ and inserting ‘‘AB19 SENT UNIFORMED SERVICES VOTERS 

20 AND OVERSEAS VOTERS’’; 

21 (2) in subsection (a), by striking ‘‘overseas vot22 ers’’ and inserting ‘‘absent uniformed services voters 

23 and overseas voters’’; 

24 (3) by amending subsection (b) to read as fol25 lows: 
112 

S 2229 IS 

1 ‘‘(b) SUBMISSION AND PROCESSING.—Except as oth2 erwise provided in this title, a Federal write-in absentee 

3 ballot shall be submitted and processed in the manner pro4 vided by law for absentee ballots in the State involved. 

5 A Federal write-in absentee ballot of an absent uniformed 

6 services voter or overseas voter shall not be counted— 

7 ‘‘(1) if the application of the absent uniformed 

8 services voter or overseas voter for a State absentee 

9 ballot is received by the appropriate State election 

10 official after the State’s deadline for such a request 

11 or less than 30 days before the general election, 

12 whichever date is later; or 

13 ‘‘(2) if a State absentee ballot of the absent 

14 uniformed services voter or overseas voter is received 

15 by the appropriate State election official not later 

16 than the deadline for receipt of the State absentee 

17 ballot under State law.’’; 

18 (3) in subsection (c)(1), by striking ‘‘overseas 

19 voter’’ and inserting ‘‘absent uniformed services 

20 voter or overseas voter’’; and 

21 (4) in subsection (d)— 

22 (A) in the subsection heading, by striking 

23 ‘‘OVERSEAS VOTER’’ and inserting ‘‘ABSENT

24 UNIFORMED SERVICES VOTER AND OVERSEAS

25 VOTER’’; and 
113 

S 2229 IS 

1 (B) by striking ‘‘overseas voter’’ both 

2 places it appears and inserting ‘‘absent uni3 formed services voter or overseas voter’’. 

4 Subtitle F—Military Justice 

5 Matters 

6 SEC. 561. WAIVE TIME LOST WHEN A MEMBER IS ACQUIT7 TED, RELEASED WITHOUT TRIAL, OR HAS HIS 

8 CONVICTION SET-ASIDE OR REVERSED ON 

9 APPEAL. 

10 Section 972 of title 10, United States Code, is 

11 amended— 

12 (1) in subsection (a)(3), by inserting ‘‘, unless 

13 the confinement is excused as unavoidable’’ after 

14 ‘‘the trial’’; and 

15 (2) in subsection (b)(3), by inserting ‘‘, unless 

16 the confinement is excused as unavoidable’’ after 

17 ‘‘the trial’’. 

18 SEC. 562. CHANGE IN UNIFORM CODE OF MILITARY JUS19 TICE RELATING TO BLOOD ALCOHOL CON20 CENTRATION. 

21 Subsection (b) of section 911 of title 10, United 

22 States Code, is amended by striking ‘‘0.10’’ in the two 

23 places it appears and inserting ‘‘0.08’’. 
114 

S 2229 IS 

1 Subtitle G—Benefits 

2 SEC. 571. IMMEDIATE LUMP SUM REIMBURSEMENT FOR 

3 UNUSUAL NONRECURRING EXPENSES OUT4 SIDE THE CONTINENTAL UNITED STATES. 

5 Section 405 of title 37, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(d) NONRECURRING EXPENSES.—In addition to the 

9 per diem paid under subsection (a), the Secretaries con10 cerned may reimburse members for actual nonrecurring 

11 expenses incurred incident to being on duty outside of the 

12 United States or in Hawaii or Alaska. The nonrecurring 

13 expenses which may be reimbursed are expenses directly 

14 related to the conditions or location of the assignment ei15 ther of a nature or a magnitude not normally incurred 

16 by members assigned inside the continental United States 

17 and not included in the per diem paid under subsection 

18 (b).’’. 

19 SEC. 572. REPEAL OF REQUIREMENT TO PAY SUBSISTENCE 

20 CHARGES WHILE HOSPITALIZED. 

21 Section 1075 of title 10, United States Code, is re22 pealed. 
115 

S 2229 IS 

1 Subtitle H—Other Matters 

2 SEC. 581. RELEASE OF TAXPAYER ADDRESSES TO HELP LO3 CATE INDIVIDUALS WITH MILITARY SERVICE 

4 OBLIGATIONS. 

5 (a) AUTHORITY.—Section 6103(m) of the Internal 

6 Revenue Code of 1986 (26 U.S.C. 6103(m)) is amended 

7 by adding at the end the following new paragraph: 

8 ‘‘(8) MEMBERS OF THE ARMED FORCES.— 

9 (A) IN GENERAL.—Upon written request by the 

10 Secretary of Defense, the Secretary of a military de11 partment, or the Secretary of Homeland Security 

12 with respect to the Coast Guard when it is not oper13 ating as a service in the Navy, the Secretary may 

14 disclose the mailing address of an individual to offi15 cers or employees of the Department of Defense or 

16 Department of Homeland Security for use by such 

17 officers or employees or their agents for the purpose 

18 of locating such individual who is serving in a re19 serve component of the armed forces of the United 

20 States. 

21 ‘‘(B) PRIOR ATTEMPTS TO OBTAIN ADDRESS IN22 FORMATION FROM OTHER SOURCES.—Such requests 

23 shall be made only after the Secretary of Defense, 

24 the Secretary of a military department or the Sec25 retary of Homeland Security, as the case may be, 
116 

S 2229 IS 

1 has made every reasonable effort to locate the indi2 vidual through other sources. 

3 ‘‘(C) EXCEPTION DURING NATIONAL EMER4 GENCY OR WAR.—During a national emergency de5 clared by the President or war declared by Congress, 

6 the Secretary of Defense, the Secretary of a military 

7 department or the Secretary of Homeland Security 

8 may request the address of an individual, notwith9 standing subparagraph (B), if the individual pos10 sesses a critical skill and is needed for immediate 

11 mobilization under section 12304, 12302, or 

12 12301(a) of title 10. 

13 ‘‘(D) EXPIRATION OF AUTHORITY.—No infor14 mation shall be released under this section after 

15 September 30, 2009.’’. 

16 (b) DISCLOSURE TO CONTRACTORS.—Subsection (p) 

17 of such section is amended by adding at the end the fol18 lowing new paragraph: 

19 ‘‘(9) DISCLOSURE TO CONTRACTORS.— 

20 (A) IN GENERAL.—Notwithstanding any other 

21 provision of this section, no return or return infor22 mation shall be disclosed to a contractor or other 

23 agent of a Federal, State, or local agency unless 

24 such agency, to the satisfaction of the Secretary— 
117 

S 2229 IS 

1 ‘‘(i) has requirements in effect that require 

2 each contractor or other agent of such agency 

3 that would have access to returns or return in4 formation to provide safeguards (within the 

5 meaning of paragraph (4)) to protect the con6 fidentiality of such returns or return informa7 tion; 

8 ‘‘(ii) agrees to conduct a regular, on-site 

9 review (mid-point review in the case of con10 tracts of less than 1 year in duration) of each 

11 contractor or other agent to determine compli12 ance with such requirements; 

13 ‘‘(iii) submits the findings of the most re14 cent review conducted under clause (ii) to the 

15 Secretary as part of the report required by 

16 paragraph (4)(E); and 

17 ‘‘(iv) certifies to the Secretary for the most 

18 recent annual period that all contractors or 

19 other agents are in compliance with all such re20 quirements. Such certification shall be signed 

21 by the head of the agency or his or her dele22 gate. 

23 ‘‘The certification required by clause (iv) shall in24 clude the name and address of each contractor or 

25 other agent, a description of the contract or agree-
118 

S 2229 IS 

1 ment of the contractor with the agency, or other au2 thority for agency relationship, and the duration of 

3 such contract, agreement or authority. 

4 ‘‘(B) RELATIONSHIP TO PROVISION GOVERNING

5 DISCLOSURE FOR PURPOSES OF TAX ADMINISTRA6 TION.—The requirements of this paragraph shall not 

7 apply to disclosures pursuant to subsection (n) for 

8 purposes of Federal tax administration.’’. 

9 (c) CONFORMING AND TECHNICAL AMENDMENTS.— 

10 (1) Such section is further amended— 

11 (A) in subsection (a)(3), by striking ‘‘(2) or 

12 (4)(B)’’ and inserting ‘‘(2), (4)(B), (5), (7), or (8)’’; 

13 and 

14 (B) in subsection (p)(4), by striking ‘‘under 

15 paragraph (2), (4), (6), or (7) of subsection (m)’’ 

16 and inserting ‘‘under paragraph (2), (4), (5), (6), 

17 (7), or (8) of subsection (m)’’. 

18 (2) Section 7213(a)(2) of such Code (26 U.S.C. 

19 7213(a)(2)) is amended by striking ‘‘or (7) of section 

20 6103’’ and inserting ‘‘(7), or (8) of section 6103’’. 

21 SEC. 582. ALTERNATE INITIAL MILITARY SERVICE OBLIGA22 TION FOR PERSONS WITH SPECIALIZED 

23 SKILLS. 

24 Subsection (a) of section 651 of title 10, United 

25 States Code, is amended to read as follows: 
119 

S 2229 IS 

1 ‘‘(a)(1) Each person who becomes a member of an 

2 armed force, other than a person described in paragraph 

3 (2), shall serve in the armed forces for a total initial period 

4 of not less than six years nor more than eight years, as 

5 provided in regulations prescribed by the Secretary of De6 fense for the armed forces under his jurisdiction and by 

7 the Secretary of Homeland Security for the Coast Guard 

8 when it is not operating as a service in the Navy, unless 

9 such person is sooner discharged under such regulations 

10 because of personal hardship. Any part of such service 

11 that is not active duty or that is active duty for training 

12 shall be performed in a reserve component. 

13 ‘‘(2) A person is not subject to paragraph (1) if that 

14 person— 

15 ‘‘(A) is deferred under the next to the last sen16 tence of section 6(d)(1) of the Military Selective 

17 Service Act (50 U.S.C. App. 456(d)(1)); or 

18 ‘‘(B) is accessed into the armed forces based on 

19 unique skills acquired in a civilian occupation, as de20 termined by the Secretary concerned, and will serve 

21 in a specialty requiring those skills.’’. 

22 SEC. 583. BASIC TRAINING REQUIREMENT FOR CERTAIN 

23 MEMBERS WITH SPECIALIZED SKILLS. 

24 Paragraph (1) of section 671(c) of title 10, United 

25 States Code, is amended to read as follows: 
120 

S 2229 IS 

1 ‘‘(1) Under regulations prescribed under paragraph 

2 (2), a period of basic training (or equivalent training) 

3 shorter than 12 weeks may be established by the Secretary 

4 concerned for members of the armed forces who— 

5 ‘‘(A) have been credentialed in a medical pro6 fession or occupation and are serving in a health7 care occupational specialty; or 

8 ‘‘(B) have unique skills acquired in a civilian 

9 occupation, as determined by the Secretary con10 cerned, and will serve in a military specialty or posi11 tion requiring those skills. 

12 ‘‘Any such period shall be established under regulations 

13 prescribed under paragraph (2) and may be established 

14 notwithstanding section 4(a) of the Military Selective 

15 Service Act (50 U.S.C. App. 454(a)).’’. 

16 SEC. 584. ELIMINATE MANDATORY TERMS OF OFFICE FOR 

17 CERTAIN GENERAL AND FLAG STAFF OFFI18 CERS. 

19 (a) ARMY.— 

20 (1) CHIEFS OF BRANCHES.—Section 3036 of 

21 title 10, United States Code, is amended— 

22 (A) by repealing subsection (c); and 

23 (B) by redesignating subsections (d) and 

24 (e) as subsections (c) and (d), respectively. 
121 

S 2229 IS 

1 (2) JUDGE ADVOCATE GENERAL AND ASSIST2 ANT JUDGE ADVOCATE GENERAL.—Section 3037(a) 

3 of such title is amended by striking ‘‘An officer ap4 pointed as the Judge Advocate General or Assistant 

5 Judge Advocate General normally holds office for 

6 four years. However, the President may terminate or 

7 extend the appointment at any time.’’. 

8 (3) DEPUTY AND ASSISTANT CHIEFS OF

9 BRANCHES.—Section 3039(a) of such title is amend10 ed by striking ‘‘for a tour of duty of not more than 

11 four years,’’. 

12 (4) CHIEF OF ARMY NURSE CORPS.—Section 

13 3069(b) of such title is amended by striking ‘‘, but 

14 not for more than four years, and may not be re15 appointed to the same position’’. 

16 (5) CHIEF OF THE ARMY MEDICAL SPECIALIST

17 CORPS.—Section 3070(b) of such title is amended by 

18 striking ‘‘, but not for more than four years, and 

19 may not be reappointed’’. 

20 (b) NAVY/MARINE CORPS.— 

21 (1) CHIEF OF THE BUREAU OF MEDICINE AND

22 SURGERY.—Section 5137(a) of such title is amended 

23 by striking ‘‘for a term of four years,’’. 
122 

S 2229 IS 

1 (2) CHIEF OF THE BUREAU OF NAVAL PER2 SONNEL.—Section 5141(a) of such title is amended 

3 by striking ‘‘for a term of four years,’’. 

4 (3) CHIEF OF CHAPLAINS.—-Subsection (c) of 

5 section 5142 of such title is repealed. 

6 (4) JUDGE ADVOCATE GENERAL.—Section 

7 5148(b) of such title is amended by striking ‘‘, for 

8 a term of four years’’. 

9 (5) DIRECTOR OF THE NURSE CORPS OR DIREC10 TOR OF THE MEDICAL SERVICE CORPS.—Section 

11 5150(c) of such title is amended by striking ‘‘for a 

12 term of four years,’’. 

13 (c) AIR FORCE JUDGE ADVOCATE GENERAL AND

14 DEPUTY JUDGE ADVOCATE GENERAL.—Section 8037(a) 

15 of such title is amended— 

16 (1) in subsection (a), by striking ‘‘The term of 

17 office is four years, but may be sooner terminated 

18 or extended by the President.’’; and 

19 (2) in subsection (d)(1), by striking ‘‘The term 

20 of office of the Deputy Judge Advocate General is 

21 four years, but may be sooner terminated or ex22 tended by the President.’’. 
123 

S 2229 IS 

1 SEC. 585. PROHIBIT COURT-ORDERED PAYMENTS BEFORE 

2 RETIREMENT BASED ON IMPUTATION OF RE3 TIRED PAY. 

4 (a) IN GENERAL.—Section 1408(c)(3) of title 10, 

5 United States Code, is amended— 

6 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

7 (2) by adding at the end the following new sub8 paragraph: 

9 ‘‘(B) Notwithstanding any other provision of 

10 law, a court may not order a member to make pay11 ments based upon an imputation of a property inter12 est in future retired pay of any kind to a spouse or 

13 former spouse before the date of the member’s ac14 tual retirement.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall apply to final court orders or court 

17 orders seeking enforcement of prior final decrees issued 

18 on or after the enactment of this Act. 

19 TITLE VI—COMPENSATION AND 

20 OTHER PERSONNEL BENEFITS 

21 Subtitle A—Pay and Allowances 

22 SEC. 601. TERMINATION OF ASSIGNMENT INCENTIVE PAY 

23 FOR MEMBERS ON TERMINAL LEAVE. 

24 Paragraph (e) of section 307a of title 37, United 

25 States Code, is amended by inserting before the period at 
124 

S 2229 IS 

1 the end the following: ‘‘, other than terminal leave when 

2 the member will not be returning to the assignment’’. 

3 SEC. 602. MORE FLEXIBLE RETIREMENT RULES FOR MILI4 TARY OFFICERS. 

5 (a) IN GENERAL.—Section 1370 of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 1370. Commissioned officers: general rule; excep8 tions 

9 ‘‘(a) RULE FOR RETIREMENT IN HIGHEST GRADE

10 HELD SATISFACTORILY.—(1) Unless entitled to a higher 

11 retired grade under some other provision of law, a commis12 sioned officer (other than a commissioned warrant officer) 

13 of the Army, Navy, Air Force, or Marine Corps who re14 tires under any provision of law other than chapter 61 

15 or chapter 1223 of this title shall, subject to the criteria 

16 specified under paragraph (2) or (3), be retired in the 

17 highest grade in which he served on active duty satisfac18 torily, as determined by the Secretary concerned. 

19 ‘‘(2) In order to be eligible for voluntary retirement 

20 in a grade at or below the grade of major or lieutenant 

21 commander, a commissioned officer of the Army, Navy, 

22 Air Force, or Marine Corps covered by paragraph (1) 

23 must have served on active duty in that grade for not less 

24 than six months. 
125 

S 2229 IS 

1 ‘‘(3)(A) In order to be eligible for voluntary retire2 ment in a grade above major or lieutenant commander and 

3 below brigadier general or rear admiral (lower half), a 

4 commissioned officer of the Army, Navy, Air Force, or 

5 Marine Corps covered by paragraph (1) must have served 

6 on active duty in that grade for not less than three years, 

7 except that the Secretary of Defense may authorize the 

8 Secretary concerned to reduce such period to a period not 

9 less than two years. 

10 ‘‘(B) An officer at or above the grade of brigadier 

11 general or rear admiral (lower half) may be retired in the 

12 highest grade in which he served on active duty satisfac13 torily, upon approval by the Secretary concerned and con14 currence by the Secretary of Defense or another civilian 

15 official in the Office of the Secretary of Defense appointed 

16 by the President, by and with the advice and consent of 

17 the Senate, to which the Secretary of Defense has dele18 gated such authority. 

19 ‘‘(C) The President may waive subparagraph (A) in 

20 individual cases involving extreme hardship or exceptional 

21 or unusual circumstances. The authority of the President 

22 under the preceding sentence may not be delegated. 

23 ‘‘(4) A reserve or temporary officer who is notified 

24 that he will be released from active duty without his con25 sent, and thereafter requests retirement under section 
126 

S 2229 IS 

1 3911, 6323, or 8911 of this title and is retired pursuant 

2 to that request, is considered for purposes of this section 

3 to have been retired involuntarily. An officer retired pur4 suant to section 1186(b)(1) of this title is considered for 

5 purposes of this section to have been retired voluntarily. 

6 ‘‘(b) RETIREMENT IN NEXT LOWER GRADE.—An of7 ficer whose length of service in the highest grade he held 

8 while on active duty does not meet the service in grade 

9 requirements specified in subsection (a) or whose service 

10 on active duty in that grade was not determined to be sat11 isfactory by the Secretary concerned shall be retired in the 

12 next lower grade in which he served on active duty satis13 factorily, as determined by the Secretary concerned, for 

14 not less than six months. 

15 ‘‘(c) RESERVE OFFICERS.—(1) Unless entitled to a 

16 higher grade, or to credit for satisfactory service in a high17 er grade, under some other provision of law, a person who 

18 is entitled to retired pay under chapter 1223 of this title 

19 shall, upon application under section 12731 of this title, 

20 be credited with satisfactory service in the highest grade 

21 in which that person served satisfactorily at any time in 

22 the armed forces, as determined by the Secretary con23 cerned in accordance with this subsection. 

24 ‘‘(2) In order to be credited with satisfactory service 

25 in an officer grade (other than a warrant officer grade) 
127 

S 2229 IS 

1 below the grade of lieutenant colonel or commander, a per2 son covered by paragraph (1) must have served satisfac3 torily in that grade (as determined by the Secretary con4 cerned) as a reserve commissioned officer in an active sta5 tus, or in a retired status on active duty, for not less than 

6 six months. 

7 ‘‘(3)(A)(1) In order to be credited with satisfactory 

8 service in an officer grade above major or lieutenant com9 mander and below brigadier general or rear admiral (lower 

10 half), a person covered by paragraph (1) must have served 

11 satisfactorily in that grade (as determined by the Sec12 retary concerned) as a reserve commissioned officer in an 

13 active status, or in a retired status on active duty, for not 

14 less than three years, except that the Secretary of Defense 

15 may authorize the Secretary concerned to reduce such pe16 riod to a period not less than two years. 

17 ‘‘(2) An officer at or above the grade of lieutenant 

18 general or vice admiral may be retired in the highest grade 

19 in which he served satisfactorily, upon approval by the 

20 Secretary concerned and concurrence by the Secretary of 

21 Defense or another civilian official in the Office of the Sec22 retary of Defense appointed by the President, by and with 

23 the advice and consent of the Senate, to which the Sec24 retary of Defense has delegated such authority. 
128 

S 2229 IS 

1 ‘‘(B) A person covered by subparagraph (A)(1) who 

2 has completed at least six months of satisfactory service 

3 in grade and is transferred from an active status or dis4 charged as a reserve commissioned officer solely due to 

5 the requirements of a nondiscretionary provision of law 

6 requiring that transfer or discharge due to the person’s 

7 age or years of service may be credited with satisfactory 

8 service in the grade in which serving at the time of such 

9 transfer or discharge, notwithstanding the failure of the 

10 person to complete three years of service in that grade. 

11 ‘‘(C) To the extent authorized by the Secretary con12 cerned, a person who, after having been recommended for 

13 promotion in a report of a promotion board but before 

14 being promoted to the recommended grade, served in a 

15 position for which that grade is the minimum authorized 

16 grade may be credited for purposes of subparagraph 

17 (A)(1) as having served in that grade for the period for 

18 which the person served in that position while in the next 

19 lower grade. The period credited may not include any pe20 riod before the date on which the Senate provides advice 

21 and consent for the appointment of that person in the rec22 ommended grade. 

23 ‘‘(D) To the extent authorized by the Secretary con24 cerned, a person who, after having been found qualified 

25 for Federal recognition in a higher grade by a board under 
129 

S 2229 IS 

1 section 307 of title 32, serves in a position for which that 

2 grade is the minimum authorized grade and is appointed 

3 as a reserve officer in that grade may be credited for the 

4 purposes of subparagraph (A)(1) as having served in that 

5 grade. The period of the service for which credit is af6 forded under the preceding sentence may only be the pe7 riod for which the person served in the position after the 

8 Senate provides advice and consent for the appointment. 

9 ‘‘(4) A person whose length of service in the highest 

10 grade held does not meet the service in grade requirements 

11 specified in this subsection shall be credited with satisfac12 tory service in the next lower grade in which that person 

13 served satisfactorily (as determined by the Secretary con14 cerned) for not less than six months.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply with respect to the computation 

17 of retired or retainer pay of any individual who becomes 

18 entitled to that pay on or after the date of enactment of 

19 this Act. 

20 SEC. 603. MORE FLEXIBLE COMPUTATION OF RETIRED PAY 

21 FOR OFFICERS AND SENIOR ENLISTED MEM22 BERS. 

23 (a) MODIFICATION OF RETIRED PAY FORMULAS.— 

24 (1) Chapter 71 of title 10, United States Code, is amended 

25 by inserting after section 1401a the following new section: 
130 

S 2229 IS 

1 ‘‘§ 1401b. Maximum multiplier in the computation of 

2 retired pay 

3 ‘‘Notwithstanding any other provision of law that lim4 its retired pay computed under this chapter or under chap5 ter 1223 of this title to a maximum of 75 percent of the 

6 member’s base determined under section 1406 or 1407 of 

7 this title, the maximum amount of retired pay as a per8 centage of such base will be limited as follows: 

9 ‘‘(1) For members retired before October 1, 

10 2003, use limitations prescribed in other sections of 

11 law. 

12 ‘‘(2) For members retired on or after October 

13 1, 2003, use the limitations prescribed in other sec14 tions of law except in the case of— 

15 ‘‘(A) members retired in the grade O–7 

16 and above with more than 30 years of cred17 itable service in the computation of the multi18 plier percentage under section 1409 of this title, 

19 such percentage is not limited to 75 percent for 

20 any time served in excess of 30 years otherwise 

21 creditable after October 1, 2003; and 

22 ‘‘(B) members retired in the grades E–8 

23 through O–6, inclusive, with more than 30 

24 years of creditable service in the computation of 

25 the multiplier percentage under section 1409 of 

26 this title, such percentage is not limited to 75 
131 

S 2229 IS 

1 percent for any time served under conditions 

2 authorized such additional credit during a pe3 riod established by the Secretary of Defense.’’. 

4 (2) The table of sections at the beginning of such 

5 chapter is amended by inserting after the item relating 

6 to section 1401a the following new item: 

‘‘1401b. Maximum multiplier in the computation of retired pay.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply with respect to the computation 

9 of retired or retainer pay of any individual who becomes 

10 entitled to that pay on or after the date of enactment of 

11 this Act. 

12 SEC. 604. ELIMINATE RETIRED PAY LIMIT APPLICABLE TO 

13 GENERAL AND FLAG OFFICERS. 

14 (a) RETIRED PAY BASE FOR MEMBERS WHO FIRST

15 BECAME MEMBERS BEFORE SEPTEMBER 8, 1980.—Sec16 tion 1406 of title 10, United States Code, is amended by 

17 adding at the end the following new subsection: 

18 ‘‘(j) RETIRED PAY BASE.—In the case of a member 

19 at grade O–7 and above, the rates of basic pay used to 

20 compute the pay base prescribed in this section shall be 

21 the rates applicable to the grade or position without re22 gard to any provision of law limiting such pay to the rate 

23 of pay for level III of the Executive Schedule.’’. 

24 (b) RETIRED PAY BASE FOR MEMBERS WHO FIRST

25 BECAME MEMBERS AFTER SEPTEMBER 7, 1980.—Sec-
132 

S 2229 IS 

1 tion 1407 of such title is amended by adding at the end 

2 the following new subsection: 

3 ‘‘(g) RETIRED PAY BASE.—In the case of a member 

4 at grade O–7 and above, the rates of basic pay used to 

5 compute the pay base prescribed in this section shall be 

6 the rates applicable to the grade or position without re7 gard to any provision of law limiting such pay to the rate 

8 of pay for level III of the Executive Schedule.’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply with respect to the computation 

11 of retired or retainer pay of any individual who becomes 

12 entitled to that pay on or after the date of enactment of 

13 this Act. 

14 SEC. 605. GRANT BASIC ALLOWANCE FOR HOUSING WAIV15 ERS FOR 12 MONTHS OR LESS ON PERMA16 NENT CHANGE OF STATION ASSIGNMENTS 

17 THAT ARE PRINCIPALLY FOR EDUCATION OR 

18 TRAINING. 

19 Paragraph (3) of section 403(d) of title 37, United 

20 States Code, is amended by adding at the end the fol21 lowing new subparagraph: 

22 ‘‘(C) Where a member receives a permanent change 

23 of station or permanent change of assignment, within the 

24 continental United States, of 12 months duration or less 

25 for purposes of participating in professional military edu-
133 

S 2229 IS 

1 cation or training classes, the amount of the basic allow2 ance for housing for the member may be based on the 

3 area in which the dependents reside or the member’s last 

4 duty station, whichever the Secretary concerned deter5 mines to be most equitable. The dependents must continue 

6 to live at the member’s last duty station in order to qualify 

7 for the rate based on that area.’’. 

8 Subtitle B—Bonuses and Special 

9 and Incentive Pays 

10 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

11 SPECIAL PAYS FOR RESERVE FORCES. 

12 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

13 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

14 302g(f) of title 37, United States Code, is amended by 

15 striking ‘‘December 31, 2004’’ and inserting ‘‘December 

16 31, 2005’’. 

17 (b) SELECTED RESERVE REENLISTMENT BONUS.— 

18 Section 308b(f) of such title is amended by striking ‘‘De19 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

20 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec21 tion 308c(e) of such title is amended by striking ‘‘Decem22 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

23 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS24 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 
134 

S 2229 IS 

1 308d(c) of such title is amended by striking ‘‘December 

2 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

3 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec4 tion 308e(e) of such title is amended by striking ‘‘Decem5 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

6 (f) READY RESERVE ENLISTMENT AND REENLIST7 MENT BONUS.—Section of 308h(g) of such title is amend8 ed by striking ‘‘December 31, 2004’’ and inserting ‘‘De9 cember 31, 2005’’. 

10 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec11 tion 308i(f) of such title is amended by striking ‘‘Decem12 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

13 (h) REPAYMENT OF EDUCATION LOANS FOR CER14 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE15 LECTED RESERVE.—Section 16302(d) of title 10, United 

16 States Code, is amended by striking ‘‘January 1, 2005’’ 

17 and inserting ‘‘January 1, 2006’’. 

18 SEC. 612. BONUS FOR OFFICERS TO SERVE IN THE SE19 LECTED RESERVE IN A CRITICAL SKILL OR 

20 MANPOWER SHORTAGE. 

21 (a) IN GENERAL.—Chapter 5 of title 37, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 
135 

S 2229 IS 

1 ‘‘§ 308j. Special pay: bonus for officers to serve in the 

2 Selected Reserve in a critical skill or 

3 manpower shortage 

4 ‘‘(a) BONUS AUTHORIZATION.—The Secretary of De5 fense may pay— 

6 ‘‘(1) an affiliation bonus to an officer of an 

7 armed force, including a warrant officer, (other than 

8 an officer who has previously served in the Selected 

9 Reserve or an officer who is entitled to retired pay) 

10 who executes a written agreement to serve in the Se11 lected Reserve of the Ready Reserve for a period of 

12 not less than three years in a designated critical offi13 cer skill or manpower shortage after being dis14 charged or released from active duty under honor15 able conditions, once the officer affiliates with a unit 

16 or position in the Selected Reserve; and 

17 ‘‘(2) an accession bonus to a person who exe18 cutes a written agreement to accept a commission as 

19 an officer of the armed forces and serve in the Se20 lected Reserve of the Ready Reserve in a designated 

21 critical officer skill for a period of not less than 

22 three years, upon acceptance of the agreement by 

23 the Secretary concerned. 

24 ‘‘(b) DESIGNATION OF CRITICAL OFFICER SHORT25 AGE.—The Secretary concerned shall designate the critical 
136 

S 2229 IS 

1 officer skill shortages and critical manpower shortages for 

2 the purposes of this section. 

3 ‘‘(1) A skill may be designated as a critical offi4 cer skill for an armed force under this subsection 

5 if— 

6 ‘‘(A) to meet requirements of the armed 

7 force, it is critical for the armed force to have 

8 a sufficient number of officers who are qualified 

9 in that skill; or 

10 ‘‘(B) to mitigate a current or projected sig11 nificant shortage of personnel in the armed 

12 force who are qualified in that skill, it is critical 

13 to access into that armed force in sufficient 

14 numbers persons who are qualified in that skill 

15 or are to be trained in that skill. 

16 ‘‘(2) A manpower shortage may be designated 

17 for a current or projected shortage in a unit or over18 all shortage in a pay grade. 

19 ‘‘(c) LIMITATION ON AMOUNT OF BONUS.—The 

20 amount of a bonus under subsection (a) may not exceed 

21 $12,000. 

22 ‘‘(d) PAYMENT METHOD.—Upon acceptance of a 

23 written agreement by the Secretary concerned, the total 

24 amount of the bonus payable under the agreement be25 comes fixed. The agreement shall specify whether the 
137 

S 2229 IS 

1 bonus shall be paid by the Secretary in a lump sum or 

2 installments. 

3 ‘‘(e) RELATION TO OTHER ACCESSION BONUS AU4 THORITY.—An officer or individual may not receive a 

5 bonus under this section and financial assistance under 

6 chapter 1608, 1609 or 1611 of title 10, or under section 

7 302g of this title, for the same period of service. 

8 ‘‘(f) REPAYMENT FOR FAILURE TO COMMENCE OR

9 COMPLETE OBLIGATED SERVICE.—(1) An individual who, 

10 after receiving all or part of the bonus under an agreement 

11 referred to in subsection (a), does not accept a commission 

12 as an officer or does not commence to or does not satisfac13 torily participate in the Selected Reserve for the total pe14 riod of service specified in the agreement shall repay to 

15 the United States such compensation or benefit, except 

16 under conditions established by the Secretary concerned. 

17 ‘‘(2) The Secretary concerned shall set forth whether 

18 repayment is required in whole or in part, the method for 

19 computing the amount of the repayment, and the condi20 tions under which an exception to the required repayment 

21 would apply. 

22 ‘‘(3) An obligation to repay the United States im23 posed under paragraph (1) is for all purposes a debt owed 

24 to the United States. A discharge in bankruptcy under 

25 title 11 that is entered less than five years after the termi-
138 

S 2229 IS 

1 nation of an agreement entered into under subsection (a) 

2 does not discharge the individual signing the agreement 

3 from a debt arising under such agreement or under para4 graph (1).’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of such chapter is amended by adding 

7 at the end the following new item: 

‘‘308j. Special pay: bonus for officers to serve in the Selected Reserve in critical 

skill or manpower shortage.’’. 

8 SEC. 613. CRITICAL SKILLS RETENTION BONUS; ELIGI9 BILITY OF MEMBERS SERVING ON INDEFI10 NITE REENLISTMENT IS INVOLVED. 

11 Section 323(a) of title 37, United States Code, is 

12 amended— 

13 (1) in paragraph (1), by striking ‘‘or’’ at the 

14 end; 

15 (2) by striking the period at the end of para16 graph (2) and inserting ‘‘; or’’; and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(3) in the case of an enlisted member serving 

20 on an indefinite reenlistment, the member executes 

21 a written agreement to remain on active duty for at 

22 least 1 year.’’. 
139 

S 2229 IS 

1 SEC. 614. FOREIGN LANGUAGE PROFICIENCY PAY. 

2 Section 1596a of title 10, United States Code, is 

3 amended— 

4 (a) in subsection (a)(2), by striking ‘‘during a contin5 gency operation supported by the armed forces’’; and 

6 (b) in subsection (c), by inserting before the period 

7 at the end the following: ‘‘and shall not be considered base 

8 pay for any purpose’’. 

9 SEC. 615. REPAYMENT OF UNEARNED PORTIONS OF BO10 NUSES, SPECIAL PAYS, AND EDUCATIONAL 

11 BENEFITS. 

12 (a) REPAYMENT OF UNEARNED PORTIONS OF BO13 NUSES.—(1) Chapter 5 of title 37, United States Code, 

14 is amended by adding at the end the following new section: 

15 ‘‘§ 327. Repayment of unearned portions of bonuses, 

16 incentives, special pay or similar pay17 ments, or educational benefits or sti18 pends when conditions of payment not 

19 met 

20 ‘‘(a) IN GENERAL.—A member of the uniformed 

21 services who has received a bonus, incentive, special pay 

22 or similar payment, or an educational benefit or stipend, 

23 and who is, by law, subject to the repayment provisions 

24 of this section shall repay to the United States such com25 pensation or benefit when the member does not meet the 
140 

S 2229 IS 

1 conditions of the pay or benefit, except under conditions 

2 established by the Secretary concerned. 

3 ‘‘(b) REGULATIONS.—The Secretary concerned may 

4 set forth in regulations procedures for determining the 

5 amount of any repayment, and the conditions under which 

6 an exception to the required repayment would apply. The 

7 Secretary concerned may specify in such regulations the 

8 conditions under which any future installment payment of 

9 a bonus, incentive, special pay, or similar payment or ben10 efit will not be made when the member does not meet the 

11 conditions of pay or benefit. For the military departments, 

12 this section shall be administered under regulations pre13 scribed by the Secretary of Defense. 

14 ‘‘(c) DEBT.—An obligation to repay the United 

15 States under subsection (a) is, for all purposes, a debt 

16 owed the United States. 

17 ‘‘(d) EFFECT OF BANKRUPTCY.—A discharge in 

18 bankruptcy under title 11 does not discharge a person 

19 from a debt under this section if the final decree of dis20 charge is entered less than five years after the date of 

21 the termination of the service or the date of the termi22 nation of the agreement on which the debt is based. This 

23 subsection applies to any case commenced under title 11 

24 after March 30, 2005.’’. 
141 

S 2229 IS 

1 (2) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at 

3 the end the following new item: 

‘‘327. Repayment of unearned portions of bonuses, incentives, special pay or 

similar payments, or educational benefits or stipends, when 

conditions of payment not met.’’. 

4 (b) AVIATION CAREER OFFICER RETENTION

5 BONUS.—Subsection (g) of section 301b of such title is 

6 amended to read as follows: 

7 ‘‘(g) REPAYMENT OF BONUS.—An officer who does 

8 not complete the period of active duty specified in the 

9 agreement entered into under subsection (a) shall be sub10 ject to the repayment provisions of section 327 of this 

11 title.’’. 

12 (c) MEDICAL OFFICER MULTIYEAR RETENTION

13 BONUS.—Subsection (c) of section 301d of such title is 

14 amended to read as follows: 

15 ‘‘(c) REPAYMENT OF BONUS.—An officer who does 

16 not complete the period of active duty specified in the 

17 agreement entered into under subsection (a) shall be sub18 ject to the repayment provisions of section 327 of this 

19 title.’’. 

20 (d) DENTAL OFFICER MULTIYEAR RETENTION

21 BONUS.—Subsection (d) of section 301e of such title is 

22 amended to read as follows: 

23 ‘‘(d) REPAYMENT OF BONUS.—An officer who does 

24 not complete the period of active duty specified in the 
142 

S 2229 IS 

1 agreement entered into under subsection (a) shall be sub2 ject to the repayment provisions of section 327 of this 

3 title.’’. 

4 (e) MEDICAL OFFICER SPECIAL PAY.—Section 302 

5 of such title is amended— 

6 (1) in subsection (c), by amending the last sen7 tence in paragraph (2) to read as follows: ‘‘If such 

8 entitlement is terminated, the officer concerned shall 

9 be subject to the repayment provisions of section 

10 327 of this title.’’. 

11 (2) by amending subsection (f) to read as fol12 lows: 

13 ‘‘(f) REPAYMENT.—An officer who does not complete 

14 the period for which the payment was made under sub15 section (a)(4) or (b)(1) shall be subject to the repayment 

16 provisions of section 327 of this title.’’. 

17 (f) OPTOMETRIST RETENTION SPECIAL PAY.—Para18 graph (4) of section 302a(b) of such title is amended to 

19 read as follows: 

20 ‘‘(4) REPAYMENT.—The Secretary concerned may 

21 terminate at any time the eligibility of an officer to receive 

22 retention special pay under paragraph (1). An officer who 

23 does not complete the period for which the payment was 

24 made under paragraph (1) shall be subject to the repay25 ment provisions of section 327 of this title.’’. 
143 

S 2229 IS 

1 (g) DENTAL OFFICER SPECIAL PAY.—Section 302b 

2 of such title is amended— 

3 (1) in subsection (b), by striking the second 

4 sentence in paragraph (2); 

5 (2) by amending subsection (e) to read as fol6 lows: 

7 ‘‘(e) REPAYMENT.—An officer who does not complete 

8 the period of active duty for which the payment was made 

9 under subsection (a)(4) shall be subject to the repayment 

10 provisions of section 327 of this title.’’; 

11 (3) by striking subsection (f); and 

12 (4) by redesignating subsections (g) and (h) as 

13 subsections (f) and (g), respectively. 

14 (h) ACCESSION BONUS FOR REGISTERED NURSES.— 

15 Subsection (d) of section 302d of such title is amended 

16 to read as follows: 

17 ‘‘(d) An officer who does not become and remain li18 censed as a registered nurse during the period for which 

19 the payment is made, or who does not complete the period 

20 of active duty specified in the agreement entered into 

21 under subsection (a) shall be subject to the repayment 

22 provisions of section 327 of this title.’’. 

23 (i) NURSE ANESTHETIST SPECIAL PAY.—Section 

24 302e of such title is amended— 
144 

S 2229 IS 

1 (1) in subsection (c), by striking the last sen2 tence; and 

3 (2) by amending subsection (e) to read as fol4 lows: 

5 ‘‘(e) An officer who does not complete the period of 

6 active duty specified in the agreement entered into under 

7 subsection (a) shall be subject to the repayment provisions 

8 of section 327 of this title.’’. 

9 (j) RESERVE, RECALLED OR RETAINED HEALTH

10 CARE OFFICERS SPECIAL PAY.—Subsection (c) of section 

11 302f of such title is amended by striking ‘‘refund’’ and 

12 inserting ‘‘repay.’’. 

13 (k) SELECTED RESERVE HEALTH CARE PROFES14 SIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES

15 SPECIAL PAY.—Section 302g of such title is amended— 

16 (1) by striking subsections (d) and (e); 

17 (2) by inserting after subsection (c) the fol18 lowing new subsection (d): 

19 ‘‘(d) REPAYMENT.—An officer who does not complete 

20 the period of service in the Selected Reserve of an armed 

21 force specified in the agreement entered into under sub22 section (a) shall be subject to the repayment provisions 

23 of section 327 of this title.’’; and 

24 (3) by redesignating subsection (f) as sub25 section (e). 
145 

S 2229 IS 

1 (l) ACCESSION BONUS FOR DENTAL OFFICERS.— 

2 Subsection (d) of section 302h of such title is amended 

3 to read as follows: 

4 ‘‘(d) A person after signing a written agreement who 

5 thereafter is not commissioned as an officer of the armed 

6 forces, or does not become licensed as a dentist, or does 

7 not complete the period of active duty specified in the 

8 agreement entered into under subsection (a) shall be sub9 ject to the repayment provisions of section 327 of this 

10 title.’’. 

11 (m) ACCESSION BONUS FOR PHARMACY OFFI12 CERS.—Subsection (e) of section 302j of such title is 

13 amended to read as follows: 

14 ‘‘(e) A person after signing a written agreement who 

15 thereafter is not commissioned as an officer of the armed 

16 forces, or does not become and remain certified or licensed 

17 as a pharmacist, or does not complete the period of active 

18 duty specified in the agreement entered into under sub19 section (a) shall be subject to the repayment provisions 

20 of section 327 of this title.’’. 

21 (n) REENLISTMENT BONUS FOR ACTIVE MEM22 BERS.—Subsection (d) of section 308 of such title is 

23 amended to read as follows: 

24 ‘‘(d) REPAYMENT OF BONUS.—A member who does 

25 not complete the term of enlistment for which a bonus was 
146 

S 2229 IS 

1 paid to the member under this section, or a member who 

2 is not technically qualified in the skill for which a bonus 

3 was paid to him under this section, shall be subject to 

4 the repayment provisions of section 327 of this title.’’. 

5 (o) REENLISTMENT BONUS FOR SELECTED RE6 SERVE.—Subsection (d) of section 308b of such title is 

7 amended to read as follows: 

8 ‘‘(d) A member who does not complete the term of 

9 enlistment in the element of the Selected Reserve of the 

10 Ready Reserve for which the bonus was paid to the mem11 ber under this section, shall be subject to the repayment 

12 provisions of section 327 of this title.’’. 

13 (p) ENLISTMENT BONUS FOR SELECTED RE14 SERVE.—Subsection (d) of section 308c of such title is 

15 amended to read as follows: 

16 ‘‘(d) REPAYMENT.—A member who does not partici17 pate satisfactorily in training with his unit during a term 

18 of enlistment for which a bonus has been paid to him 

19 under this section shall be subject to the repayment provi20 sions of section 327 of this title.’’. 

21 (q) RESERVE AFFILIATION BONUS.—Subsection (d) 

22 of section 308e of such title is amended to read as follows: 

23 ‘‘(d) REPAYMENT.—A member who does not partici24 pate satisfactorily in training with his unit during a term 

25 of enlistment for which a bonus has been paid to him 
147 

S 2229 IS 

1 under this section shall be subject to the repayment provi2 sions of section 327 of this title.’’. 

3 (r) READY RESERVE ENLISTMENT BONUS.—Section 

4 308g of such title is amended— 

5 (1) by amending subsection (d) to read as fol6 lows: 

7 ‘‘(d) REPAYMENT.—A person who does not serve sat8 isfactorily in the element of the Ready Reserve in the com9 bat or combat support skill for the period for which the 

10 bonus was paid under this section shall be subject to the 

11 repayment provisions of section 327 of this title.’’; 

12 (2) by striking subsections (e) and (f); and 

13 (3) by redesignating subsections (g) and (h) as 

14 subsections (e) and (f), respectively. 

15 (s) READY RESERVE REENLISTMENT, ENLISTMENT, 

16 AND VOLUNTARY EXTENSION OF ENLISTMENT BONUS.— 

17 Section 308h of such title is amended— 

18 (1) by amending subsection (c) to read as fol19 lows: 

20 ‘‘(c) REPAYMENT.—A person who does not complete 

21 the period of enlistment or extension of enlistment for 

22 which the bonus was paid under this section shall be sub23 ject to the repayment provisions of section 327 of this 

24 title.’’; 

25 (2) by striking subsections (d) and (e); and 
148 

S 2229 IS 

1 (3) by redesignating subsections (f) and (g) as 

2 subsections (d) and (e), respectively. 

3 (t) PRIOR SERVICE ENLISTMENT BONUS.—Sub4 section (d) of section 308i of such title is amended to read 

5 as follows: 

6 ‘‘(d) A person who receives a bonus payment under 

7 this section and who, during the period for which the 

8 bonus was paid, does not serve satisfactorily in the ele9 ment of the Selected Reserve of the Ready Reserve with 

10 respect to which the bonus was paid shall be subject to 

11 the repayment provisions of section 327 of this title.’’. 

12 (u) ENLISTMENT BONUS.—Subsection (b) of section 

13 309 of such title is amended to read as follows: 

14 ‘‘(b) A member who does not complete the term of 

15 enlistment for which a bonus was paid to the member 

16 under this section, or a member who is not technically 

17 qualified in the skill for which a bonus was paid, shall 

18 be subject to the repayment provisions of section 327 of 

19 this title.’’. 

20 (v) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI21 CERS EXTENDING ACTIVE DUTY.—Subsection (b) of sec22 tion 312 of such title is amended to read as follows: 

23 ‘‘(b) REPAYMENT.—An officer who does not complete 

24 the period of active duty in connection with supervision, 

25 operation, and maintenance of naval nuclear propulsion 
149 

S 2229 IS 

1 plants which the officer agreed to serve, and for which 

2 the payment was made under subsection (a)(3) or (d)(1), 

3 shall be subject to the repayment provisions of section 327 

4 of this title.’’. 

5 (w) NUCLEAR CAREER ACCESSION BONUS.—Para6 graph (2) of section 312b(a) of such title is amended to 

7 read as follows: 

8 ‘‘(2) An officer who does not commence or complete 

9 satisfactorily the nuclear power training specified in the 

10 agreement under paragraph (1) shall be subject to the re11 payment provisions of section 327 of this title.’’. 

12 (x) ENLISTED MEMBERS EXTENDING DUTY AT DES13 IGNATED LOCATIONS OVERSEAS.—Subsection (d) of sec14 tion 314 of such title is amended to read as follows: 

15 ‘‘(d) A member who, having entered into a written 

16 agreement to extend a tour of duty for a period under 

17 subsection (a), receives a bonus payment under subsection 

18 (b)(2) for a 12-month period covered by the agreement 

19 and ceases during that 12-month period to perform the 

20 agreed tour of duty shall be subject to the repayment pro21 visions of section 327 of this title.’’. 

22 (y) SPECIAL WARFARE OFFICERS EXTENDING PE23 RIOD OF ACTIVE DUTY.—Subsection (h) of section 318 

24 of such title is amended to read as follows: 
150 

S 2229 IS 

1 ‘‘(h) An officer who, having entered into a written 

2 agreement under subsection (b) and has received all or 

3 part of a bonus under this section, does not complete the 

4 period of active duty in special warfare service as specified 

5 in the agreement, shall be subject to the repayment provi6 sions of section 327 of this title.’’. 

7 (z) SURFACE WARFARE OFFICERS EXTENDING PE8 RIOD OF ACTIVE DUTY.—Subsection (f) of section 319 of 

9 such title is amended to read as follows: 

10 ‘‘(f) An officer who, having entered into a written 

11 agreement under subsection (b) and having received all or 

12 part of a bonus under this section, does not complete the 

13 period of active duty as a department head on a surface 

14 vessel specified in the agreement, shall be subject to the 

15 repayment provisions of section 327 of this title.’’. 

16 (aa) JUDGE ADVOCATE CONTINUATION PAY.—Sub17 section (f) of section 321 of such title is amended to read 

18 as follows: 

19 ‘‘(f) An officer who has entered into a written agree20 ment under subsection (b) and has received all or part 

21 of the amount payable under the agreement but who does 

22 not complete the total period of active duty specified in 

23 the agreement, shall be subject to the repayment provi24 sions of section 327 of this title.’’. 
151 

S 2229 IS 

1 (bb) 15-YEAR CAREER STATUS BONUS FOR MEM2 BERS ENTERING SERVICE ON OR AFTER AUGUST 1, 

3 1986.—Subsection (f) of section 322 of such title is 

4 amended to read as follows: 

5 ‘‘(f) If a person paid a bonus under this section does 

6 not complete a period of active duty beginning on the date 

7 on which the election of the person under subsection (a)(1) 

8 is received and ending on the date on which the person 

9 completes 20 years of active duty service as described in 

10 subsection (a)(2), the person shall be subject to the repay11 ment provisions of section 327 of this title.’’. 

12 (cc) RETENTION INCENTIVES FOR MEMBERS QUALI13 FIED IN A CRITICAL MILITARY SKILL.—Subsection (g) of 

14 section 323 of such title is amended to read as follows: 

15 ‘‘(g) A member who has entered into a written agree16 ment under subsection (a), and who does not complete the 

17 total period of active duty specified in the agreement, shall 

18 be subject to the repayment provisions of section 327 of 

19 this title.’’. 

20 (dd) ACCESSION BONUS FOR NEW OFFICERS IN

21 CRITICAL SKILLS.—Subsection (f) of section 324 of such 

22 title is amended to read as follows: 

23 ‘‘(f) An individual who, having received all or part 

24 of the bonus under an agreement referred to in subsection 

25 (a), is not thereafter commissioned as an officer or does 
152 

S 2229 IS 

1 not commence or does not complete the total period of ac2 tive duty service specified in the agreement, shall be sub3 ject to the repayment provisions of section 327 of this 

4 title.’’. 

5 (ee) INCENTIVE BONUS: SAVINGS PLAN FOR EDU6 CATION EXPENSES AND OTHER CONTINGENCIES.—Sub7 section (g) of section 325 of such title is amended to read 

8 as follows: 

9 ‘‘(g) If a person does not complete the qualifying 

10 service for which the person is obligated under a commit11 ment for which a benefit has been paid under this section, 

12 the person shall be subject to the repayment provisions 

13 of section 327 of this title.’’. 

14 (ff) ENLISTMENT INCENTIVES FOR PURSUIT OF

15 SKILLS TO FACILITATE NATIONAL SERVICE.—Subsection 

16 (i) of section 510 of title 10, United States Code, is 

17 amended to read as follows: 

18 ‘‘(i) If a National Call to Service participant who has 

19 entered into an agreement under subsection (b) and re20 ceived or benefitted from an incentive under subsection 

21 (e)(1) or (e)(2) fails to complete the total period of service 

22 specified in such agreement, the National Call to Service 

23 participant shall be subject to the repayment provisions 

24 of section 327 of title 37.’’. 
153 

S 2229 IS 

1 (gg) SCHOLARSHIP PROGRAM FOR QUALIFYING PER2 SONNEL FOR ACQUISITION POSITIONS IN THE DEPART3 MENT OF DEFENSE.—Paragraph (3) of section 1744(d) 

4 of such title is amended to read as follows: 

5 ‘‘(3) For a uniformed member who is separated from 

6 service before the end of the period for which the person 

7 has agreed to continue in the service in an acquisition po8 sition shall be subject to the repayment provisions of sec9 tion 327 of title 37. For an employee of the Department 

10 of Defense, the Secretary may waive in whole or in part 

11 a required repayment under this subsection if the Sec12 retary determines the recovery would be against equity 

13 and good conscience or would be contrary to the best inter14 ests of the United States.’’. 

15 (hh) ADVANCED EDUCATION ASSISTANCE.—Section 

16 2005 of such title is amended— 

17 (1) in subsection (a), by amending paragraph 

18 (3) to read as follows: 

19 ‘‘(3) that if such person does not complete the 

20 period of active duty specified in the agreement, or 

21 does not fulfill any term or condition prescribed pur22 suant to clause (4), such person shall be subject to 

23 the repayment provisions of section 327 of title 37.’’; 

24 (2) by striking subsections (c), (d), (g) and (h); 
154 

S 2229 IS 

1 (3) by redesignating subsections (e) and (f) as 

2 subsections (c) and (d), respectively; and 

3 (4) by amending subsection (d), as redesignated 

4 by paragraph (3), to read as follows: 

5 ‘‘(d) The Secretary concerned shall require, as a con6 dition to the Secretary providing financial assistance 

7 under section 2107 or 2107a of this title to any person, 

8 that such person enter into an agreement described in sub9 section (a). In addition to the requirements of subsections 

10 (a)(1) through (a)(4), any agreement required by this sub11 section shall provide that if such person does not complete 

12 the education requirements specified in the agreement, or 

13 does not fulfill any term or condition prescribed pursuant 

14 to subsection (a)(4), the person shall be subject to the re15 payment provisions of section 327 of title 37 without the 

16 Secretary first ordering such person to active duty as pro17 vided for under subsection (a)(2) and sections 2107(f) and 

18 2107a(f) of this title.’’. 

19 (ii) TUITION FOR OFF-DUTY TRAINING OR EDU20 CATION.—Section 2007 of such title is amended by adding 

21 at the end the following new subsection: 

22 ‘‘(f) REPAYMENT.—If such person does not complete 

23 the period of active duty specified in the agreement under 

24 subsection (b), such person shall be subject to the repay25 ment provisions of section 327 of title 37.’’. 
155 

S 2229 IS 

1 (jj) ADVANCED TRAINING, FAILURE TO COMPLETE

2 OR TO ACCEPT COMMISSION.—Section 2105 of such title 

3 is amended— 

4 (1) by striking ‘‘A member’’ and inserting ‘‘(a) 

5 A member’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(b) REPAYMENT.—If such person does not complete 

9 the period of active duty specified under subsection (a), 

10 the person shall be subject to the repayment provisions 

11 of section 327 of title 37.’’. 

12 (kk) FINANCIAL ASSISTANCE PROGRAM FOR SPE13 CIALLY SELECTED MEMBERS.—Section 2107 of such title 

14 is amended by adding at the end the following new sub15 section: 

16 ‘‘(j) REPAYMENT.—A person after signing a written 

17 agreement who thereafter is not commissioned as an offi18 cer or does not complete the period of service as specified 

19 in subsection (b), (f) or (h)(2), shall be subject to the re20 payment provisions of section 327 of title 37.’’. 

21 (ll) HEALTH PROFESSIONS SCHOLARSHIP AND FI22 NANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERVICE.— 

23 Subparagraph (C) of section 2123(e)(1) of such title is 

24 amended to read as follows: 
156 

S 2229 IS 

1 ‘‘(C) If such person does not complete the period of 

2 active duty obligation specified under subsection (a), such 

3 person shall be subject to the repayment provisions of sec4 tion 327 of title 37.’’. 

5 (mm) FINANCIAL ASSISTANCE: NURSE OFFICER

6 CANDIDATES.—Subsection (d) of section 2130a of such 

7 title is amended to read as follows: 

8 ‘‘(d) REPAYMENT.—A person who does not complete 

9 a nursing degree program in which the person is enrolled 

10 in accordance with the agreement entered into under sub11 section (a), or having completed the nursing degree pro12 gram, does not become an officer in the Nurse Corps of 

13 the Army or the Navy or an officer designated as a nurse 

14 officer of the Air Force or commissioned corps of the Pub15 lic Health Service; or does not complete the period of obli16 gated active service required under the agreement, shall 

17 be subject to the repayment provisions of section 327 of 

18 title 37.’’. 

19 (nn) EDUCATION LOAN REPAYMENT PROGRAM: 

20 COMMISSIONED OFFICERS IN SPECIFIED HEALTH PRO21 FESSIONS.—Subsection (g) of section 2173 of such title 

22 is amended— 

23 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 

24 (2) by adding at the end the following new 

25 paragraph: 
157 

S 2229 IS 

1 ‘‘(2) An officer who does not complete the period of 

2 active duty specified in the agreement entered into under 

3 subsection (a)(3), or the alternative obligation under para4 graph (1), shall be subject to the repayment provisions of 

5 section 327 of title 37.’’. 

6 (oo) SCHOLARSHIP PROGRAM FOR DEGREE PRO7 GRAM FOR DEGREE OR CERTIFICATION IN INFORMATION

8 ASSURANCE.—Section 2200a of such title is amended— 

9 (1) by amending subsection (e) to read as fol10 lows: 

11 ‘‘(e) REPAYMENT FOR PERIOD OF UNSERVED OBLI12 GATED SERVICE.—(1) A member of an armed force who 

13 does not complete the period of active duty specified in 

14 the service agreement under section (b) shall be subject 

15 to the repayment provisions of section 327 of title 37. 

16 ‘‘(2) A civilian employee of the Department of De17 fense who voluntarily terminates service before the end of 

18 the period of obligated service required under an agree19 ment entered into under subsection (b) shall refund to the 

20 United States an amount determined by the Secretary of 

21 Defense as being appropriate to obtain adequate service 

22 in exchange for financial assistance and otherwise to 

23 achieve the goals set forth in section 2200(a) of this title. 

24 ‘‘(A) OBLIGATION AS DEBT.—An obligation to 

25 reimburse the United States imposed under para-
158 

S 2229 IS 

1 graph (1) is for all purposes a debt owed to the 

2 United States. 

3 ‘‘(B) REPAYMENT.—The Secretary of Defense 

4 may waive, in whole or in part a refund required 

5 under paragraph (1) if the Secretary determines 

6 that recovery would be against equity and good con7 science or would be contrary to the best interests of 

8 the United States. 

9 ‘‘(C) EFFECT OF DISCHARGE IN BANK10 RUPTCY.—A discharge in bankruptcy under title 11 

11 that is entered less than five years after the termi12 nation of an agreement under this section does not 

13 discharge the person signing such agreement from a 

14 debt arising under such agreement or under this 

15 subsection.’’; 

16 (2) by striking subsection (f); and 

17 (3) by redesignating subsection (g) as sub18 section (f). 

19 (pp) CADETS: AGREEMENT TO SERVICE AS OFFI20 CER.—Section 4348 of such title is amended by adding 

21 at the end the following new subsection: 

22 ‘‘(f) A cadet or former cadet who does not fulfill the 

23 terms of the agreement as specified under section (a), or 

24 the alternative obligation under subsection (b), shall be 
159 

S 2229 IS 

1 subject to the repayment provisions of section 327 of title 

2 37.’’. 

3 (qq) MIDSHIPMEN: AGREEMENT FOR LENGTH OF

4 SERVICE.—Section 6959 of such title is amended by add5 ing at the end the following new subsection: 

6 ‘‘(f) A midshipman or former midshipman who does 

7 not fulfill the terms of the agreement as specified under 

8 section (a), or the alternative obligation under subsection 

9 (b), shall be subject to the repayment provisions of section 

10 327 of title 37.’’. 

11 (rr) CADETS: AGREEMENT TO SERVICE AS OFFI12 CER.—Section 9348 of such title is amended by adding 

13 at the end the following new subsection: 

14 ‘‘(f) A cadet or former cadet who does not fulfill the 

15 terms of the agreement as specified under section (a), or 

16 the alternative obligation under subsection (b), shall be 

17 subject to the repayment provisions of section 327 of title 

18 37.’’. 

19 (ss) CADETS: NUMBER, APPOINTMENT, OBLIGATION

20 TO SERVE.—Section 182 of title 14, United States Code, 

21 is amended by adding at the end the following new sub22 section: 

23 ‘‘(g) A cadet or former cadet who does not fulfill the 

24 terms of the obligation to serve as specified under section 

25 (b), or the alternative obligation under subsection (c), 
160 

S 2229 IS 

1 shall be subject to the repayment provisions of section 327 

2 of title 37.’’. 

3 (tt) EDUCATIONAL ASSISTANCE FOR MEMBERS OF

4 THE SELECTED RESERVE.—Section 16135 of title 10 

5 United States Code, is amended to read as follows: 

6 ‘‘§ 16135. Failure to participate satisfactorily; pen7 alties 

8 ‘‘(a) A member of the Selected Reserve of the Ready 

9 Reserve of an armed force who does not participate satis10 factorily in required training as a member of the Selected 

11 Reserve during a term of enlistment or other period of 

12 obligated service that created entitlement of the member 

13 to educational assistance under this chapter, and during 

14 which the member has received such assistance, shall, at 

15 the option of the Secretary concerned— 

16 ‘‘(1) be ordered to active duty for a period of 

17 two years or the period of obligated service the per18 son has remaining under section 16132 of this title, 

19 whichever is less; or 

20 ‘‘(2) be subject to the repayment provisions 

21 under section 327 of title 37. 

22 ‘‘(b) Any repayment under the provisions of section 

23 327 of title 37 shall not affect the period of obligation 

24 of such member to serve as a Reserve in the Selected Re25 serve.’’. 
161 

S 2229 IS 

1 (uu) HEALTH PROFESSIONS STIPEND PROGRAM— 

2 PENALTIES AND LIMITATIONS.—Subparagraph (B) of 

3 section 16203(a)(1) of such title is amended to read as 

4 follows: 

5 ‘‘(B) shall be subject to the repayment provisions of 

6 section 327 of title 37.’’. 

7 (vv) MARINE CORPS PLATOON LEADERS CLASS: 

8 COLLEGE TUITION ASSISTANCE PROGRAM.—Subsection 

9 (f) of section 16401 of such title is amended— 

10 (1) in paragraph (1), by striking ‘‘may be re11 quired to repay the full amount of financial assist12 ance’’ and inserting ‘‘shall be subject to the repay13 ment provisions of section 327 of title 37’’; and 

14 (2) by amending paragraph (2) to read as fol15 lows: 

16 ‘‘(2) Any requirement to repay any portion of 

17 financial assistance received under this section shall 

18 be administered under Secretary of Defense regula19 tions issued under section 327 of title 37. The Sec20 retary of the Navy may waive the obligations ref21 erenced in paragraph (1) in the case of a person 

22 who—’’. 

23 (ww) CONVERSION TO MILITARY OCCUPATIONAL SE24 CURITY INCENTIVE BONUS.—Subsection (e) of section 
162 

S 2229 IS 

1 326 of title 37, United States Code, is amended to read 

2 as follows: 

3 ‘‘(e) REPAYMENT OF BONUS.—A member who fails 

4 to serve in such military occupational specialty for the pe5 riod specified in the agreement executed under subsection 

6 (a) shall be subject to the repayment provisions of section 

7 327 of this title.’’. 

8 (xx) EFFECTIVE DATE.—(1) The amendments made 

9 by this section shall take effect on April 1, 2005. 

10 (2) Notwithstanding paragraph (1)— 

11 (A) the amendments made by this section do 

12 not apply to any bonus, incentive, special pay or 

13 similar payment (such as education assistance or sti14 pend), which the United States became obligated to 

15 pay before April 1, 2005; and 

16 (B) the following provisions in effect on March 

17 30, 2005, shall continue to apply, in accordance with 

18 the provisions thereof, with respect to any bonus, in19 centive, special pay, or an educational benefit or sti20 pend, which the United States became obligated to 

21 pay before April 1, 2005: 

22 (i) sections 301b(g), 301d(c), 301e(d), 

23 302(f), 302a(b)(4), 302b, 302d(d), 302e, 302f, 

24 302g, 302h, 302j, 308(d), 308b(d), 308c(d), 

25 308e(d), 308g(d), 308h(c), 308i(d), 309(b), 
163 

S 2229 IS 

1 312(b), 312b(a)(2), 314(d), 318(h), 319(h), 

2 321(f), 322(f), 323(g), 324(f), 325(g), and 

3 326(e) of title 37, United States Code; 

4 (ii) sections 510, 1744(d)(3); 2005(a)(3), 

5 (c), (d), (f), and (g); 2007; 2105; 2107; 

6 2123(e)(1)(C); 2130a(d); 2173(g); 2200a(e)(3); 

7 4348; 6959; 9348; 16135; 16203(a)(1)(B); and 

8 16401(f)(1) of title 10, United States Code; 

9 and 

10 (iii) section 182 of title 14, United States 

11 Code. 

12 Subtitle C—Travel and 

13 Transportation Allowances 

14 SEC. 621. LODGING COSTS INCURRED IN CONNECTION 

15 WITH STUDENT DEPENDENT TRAVEL. 

16 Section 430(b) of title 37, United States Code, is 

17 amended— 

18 (1) by redesignating paragraphs (2) and (3) as 

19 paragraphs (3) and (4), respectively; and 

20 (2) by inserting after paragraph (1) the fol21 lowing new paragraph (2): 

22 ‘‘(2) The allowance described in paragraph (1) 

23 may include reimbursement at a rate prescribed by 

24 the Secretaries concerned for lodging costs incurred 

25 when, for reasons beyond the control of the student, 
164 

S 2229 IS 

1 the student is required to procure accommodations 

2 while en route.’’. 

3 SEC. 622. EXPANDED TRAVEL AND TRANSPORTATION AL4 LOWANCES FOR FAMILY MEMBERS TO AT5 TEND BURIAL CEREMONIES. 

6 Section 411f of title 37, United States Code, is 

7 amended— 

8 (1) by amending subsection (b) to read as fol9 lows: 

10 ‘‘(b) LIMITATIONS.—Allowances under subsection (a) 

11 may be provided to the same location determined under 

12 section 1482 of title 10, and may not exceed the rates 

13 for two days and the time necessary for such travel.’’; and 

14 (2) in subsection (c)(1)(C), by striking ‘‘If no 

15 person described in subparagraph (A) or (B) is pro16 vided travel and transportation allowances under 

17 subsection (a)(1), the’’ and inserting ‘‘The’’. 
165 

S 2229 IS 

1 Subtitle D—Other Matters 

2 SEC. 631. PROTECTION AGAINST DOUBLE TAXATION FOR 

3 SERVICE MEMBERS ABSENT FROM THEIR 

4 RESIDENCE OR DOMICILE SOLELY BY REA5 SON OF COMPLIANCE WITH MILITARY OR6 DERS. 

7 Section 511(c) of the Servicemembers Civil Relief Act 

8 (50 U.S.C. App. 571) is amended by adding at the end 

9 the following new paragraph: 

10 ‘‘(5) USE, EXCISE, OR SIMILAR TAXES.—A tax juris11 diction may not impose a sales, use, excise, or similar tax 

12 on the personal property of a nonresident servicemember 

13 when the laws of the tax jurisdiction fail to provide a cred14 it against such taxes for sales, use, excise, or similar taxes 

15 previously paid on the same property to another tax juris16 diction.’’. 

17 SEC. 632. ACCUMULATION OF ANNUAL LEAVE BY INTEL18 LIGENCE SENIOR LEVEL EMPLOYEES. 

19 Section 1607 of title 10, United States Code, is 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(d) ACCUMULATION OF ANNUAL LEAVE TO EM23 PLOYEES IN INTELLIGENCE SENIOR LEVEL POSITIONS.— 

24 Employees in Intelligence Senior Level positions des25 ignated under subsection (a) may accumulate annual leave 
166 

S 2229 IS 

1 consistent with the provisions of section 6304(f) of title 

2 5.’’. 

3 TITLE VII—HEALTH CARE 

4 PROVISIONS 

5 SEC. 701. EXEMPTION OF NONAPPROPRIATED FUND 

6 HEALTH BENEFITS PROGRAM FROM NON7 FEDERAL LAWS, TAXES, AND MANDATES. 

8 Section 349 of the National Defense Authorization 

9 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 

10 2727) is amended by adding at the end the following new 

11 subsection: 

12 ‘‘(c) EXEMPTION.—(1) No tax, fee, other monetary 

13 payment, or health plan requirement may be imposed, di14 rectly or indirectly, on the Nonappropriated Fund Uni15 form Health Benefits Program of the Department of De16 fense or on a carrier or an underwriting or plan adminis17 tration contractor of that program by any State, United 

18 States Territory, the District of Columbia, or the Com19 monwealth of Puerto Rico, or by any political subdivision 

20 or other non-federal government authority thereof. This 

21 prohibition shall apply to the same extent as the prohibi22 tion in section 8909(f) of title 5, United States Code, ap23 plies to the health insurance program authorized by chap24 ter 89 of such title. 
167 

S 2229 IS 

1 ‘‘(2) Paragraph (1) shall not be construed to exempt 

2 the Nonappropriated Fund Uniform Health Benefits Pro3 gram of the Department of Defense or any carrier or un4 derwriting or plan administration subcontractor of that 

5 program from the imposition, payment, or collection of a 

6 tax, fee, or other monetary payment on the net income 

7 or profit accruing to or realized by that program or by 

8 such carrier or underwriting or plan administration sub9 contractor from business conducted under this chapter, if 

10 that tax, fee, or payment is applicable to a broad range 

11 of business activity.’’. 

12 TITLE VIII—ACQUISITION POL13 ICY, ACQUISITION MANAGE14 MENT, AND RELATED MAT15 TERS 

16 Subtitle A—Acquisition Policy and 

17 Management 

18 SEC. 801. DEFENSE ACQUISITION WORKFORCE CHANGES. 

19 (a) SELECTION CRITERIA AND PROCEDURES.—Sec20 tion 1732(b)(1)(A) of title 10, United States Code, is 

21 amended by striking ‘‘within grade GS–13 or above of the 

22 General Schedule’’ and inserting ‘‘in a position as des23 ignated by the Secretary of Defense’’. 
168 

S 2229 IS 

1 (b) CRITICAL ACQUISITION POSITIONS.—Section 

2 1733 of such title is amended by striking subsection (b) 

3 and inserting the following: 

4 ‘‘(b) DESIGNATION OF CRITICAL ACQUISITION POSI5 TIONS.—(1) The Secretary of Defense shall designate the 

6 acquisition positions in the Department of Defense that 

7 are critical acquisition positions. Such positions shall in8 clude the following: 

9 ‘‘(A) Program Executive Officer. 

10 ‘‘(B) Program Manager of a major defense ac11 quisition program (as defined in section 2430 of this 

12 title) or of a significant nonmajor defense acquisition 

13 program (as defined in section 1737(a)(3) of this 

14 title). 

15 ‘‘(C) Deputy program manager of a major de16 fense acquisition program. 

17 ‘‘(D) Any other acquisition position of signifi18 cant responsibility determined by the Secretary to be 

19 critical. 

20 ‘‘(2) The Secretary shall periodically publish a list of 

21 the positions designated under this subsection. 

22 (c) SCHOLARSHIP PROGRAMS.—Section 1742(3) of 

23 such title is amended by adding at the end the following: 

24 ‘‘(A) WRITTEN AGREEMENT.—Scholarship recipients 

25 shall be required to sign a written agreement defining the 
169 

S 2229 IS 

1 terms for the scholarship. Such terms shall address cri2 teria for continuing eligibility and repayment if the recipi3 ent fails to make the eligibility criteria and a continuing 

4 service obligation. 

5 ‘‘(B) REPAYMENT.—(i) In addition to the repay6 ments that may be required by subparagraph (A), any per7 son participating in a scholarship program established 

8 under this section shall agree to pay to the United States 

9 the total amount of educational assistance provided to the 

10 person under this program if the person is voluntarily sep11 arated from government service or involuntarily separated 

12 for cause from the Department of Defense before the end 

13 of the period for which the person has agreed to continue 

14 in the service of the Department of Defense in an acquisi15 tion position. 

16 ‘‘(ii) If an employee fails to fulfill his agreement to 

17 pay to the Government the total amount of educational 

18 assistance provided to the person under this program, a 

19 sum equal to the amount of the educational assistance is 

20 recoverable by the Government from the employee or his 

21 estate by— 

22 ‘‘(I) setoff against accrued pay, compensation, 

23 amount of retirement credit, or other amount due 

24 the employee from the Government; and 
170 

S 2229 IS 

1 ‘‘(II) such other method as is provided by law 

2 for the recovery of amounts owing to the Govern3 ment. 

4 ‘‘(iii) The Secretary may waive in whole or in part 

5 a required repayment under this subsection if the Sec6 retary determines the recovery would be against equity 

7 and good conscience or would be contrary to the best inter8 ests of the United States. 

9 ‘‘(iv) EFFECT OF DISCHARGE IN BANKRUPTCY.—A 

10 discharge in bankruptcy under title 11 that is entered less 

11 than five years after the termination of an agreement 

12 under this section does not discharge the person signing 

13 such agreement from a debt arising under such agree14 ment. 

15 ‘‘(C) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be considered to require that a position be of17 fered to a person after such person successfully completes 

18 the course of education agreed to. However, if no position 

19 described in the required written agreement of subsection 

20 (3)(A) is offered within the time specified in the agree21 ment, the agreement shall be considered terminated.’’. 

22 (d) AUTHORITY TO ESTABLISH DIFFERENT MIN23 IMUM REQUIREMENTS.—Section 1764(b) of such title is 

24 amended— 
171 

S 2229 IS 

1 (1) in paragraph (1), by striking ‘‘(5)’’ and in2 serting ‘‘(6)’’; 

3 (2) by redesignating paragraph (5) as para4 graph (6); and 

5 (3) by inserting after paragraph (4) the fol6 lowing new paragraph (5): 

7 ‘‘(5) Deputy Program Manager.’’. 

8 SEC. 802. DELEGATION TO THE DEFENSE CONTRACT MAN9 AGEMENT AGENCY TO MAKE DETERMINA10 TIONS CONCERNING RESTRUCTURING 

11 COSTS. 

12 Paragraph (2) of section 2325(a) of title 10, United 

13 States Code, is amended by striking ‘‘an Assistant Sec14 retary of Defense’’ and inserting ‘‘the Director, Defense 

15 Contract Management Agency’’. 

16 SEC. 803. DISPOSAL OF EXCESS AND OBSOLETE MATERIALS 

17 CONTAINED IN THE NATIONAL DEFENSE 

18 STOCKPILE. 

19 (a) DISPOSAL AUTHORIZED.—Subject to conditions 

20 specified in subsection (b), the President may dispose ex21 cess and obsolete materials contained in the National De22 fense Stockpile as set forth in the following table, with 

23 the quantity of each material authorized for disposal to 

24 be either the remaining inventory or the quantity set forth, 

25 whichever is greater: 

Cobalt ............................................ 4,497,460 pounds contained cobalt 
172 

S 2229 IS 

Beryllium metal (vacuum cast) ..... 5 short tons 

Chromite Chemical ........................ 34,000 short dry tons 

Chromite Refractory ...................... 83,791 short tons 

Chromium Ferroalloy .................... 63,279 short tons 

Columbium Concentrates ............... 747,978 pounds contained columbium 

Columbium Metal Ingot ................ 60,751 pounds contained columbium 

Diamond, Stones ........................... 780,426 carats 

Germanium .................................... 34,263 kilograms 

Platinum ........................................ 20,880 troy ounces 

Platinum-Palladium ....................... 4,918 troy ounces 

Tantalum Carbide Powder ............ 8,158 pounds contained tantalum 

Tantalum Metal Powder ................ 34,607 pounds contained tantalum 

Tantalum Minerals ........................ 1,287,016 pounds contained tantalum 

Tantalum Oxide ............................. 41,320 pounds contained tantalum 

Tungsten Ferro ............................. 280,415 pounds contained tungsten 

Tungsten Metal Powder ................ 919,666 pounds contained tungsten 

Tungsten Ores & Concentrates ..... 60,375,212 pounds contained tungsten 

1 (b) MINIMIZATION OF DISRUPTION AND LOSS.—Dis2 posal of materials under this section should minimize— 

3 (1) undue disruption of the usual markets of 

4 producers, processors, and consumers of the mate5 rials proposed for disposal; or 

6 (2) avoidable loss to the United States. 

7 (c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR8 ITY.—The disposal authority provided in subsection (a) is 

9 new disposal authority and is in addition to, and shall not 

10 affect, any other disposal authority provided by law re11 garding the materials in the National Defense Stockpile. 

12 SEC. 804. PRIVATIZATION OF MILITARY UTILITIES LO13 CATED ON NON-FEDERAL LAND. 

14 Section 2688 of title 10, United States Code, is 

15 amended— 

16 (1) by adding at the end the following new sub17 section: 
173 

S 2229 IS 

1 ‘‘(j) CONVEYANCES ON PROPERTY OWNED BY OTH2 ERS.—(1) Notwithstanding subsection (b), for those in3 stallations where the United States does not own a pre4 ponderance of the land underlying the installation, the 

5 Secretary concerned may carry out a conveyance under 

6 subsection (a), without using competitive procedures, if 

7 the prospective conveyee— 

8 ‘‘(A)(i) is a utility company whose service area 

9 is adjacent to or covers part or all of the installa10 tion; 

11 ‘‘(ii) is a regulated utility company; 

12 ‘‘(iii) has a franchise to serve the area encom13 passing part or all of the installation; and 

14 ‘‘(iv) has a franchise granted by the state; or 

15 ‘‘(B)(i) is a governmental entity; 

16 ‘‘(ii) operates a public airport adjoining the in17 stallation; 

18 ‘‘(iii) owns the property underlying a substan19 tial part or all of the installation; and 

20 ‘‘(iv) owns the utility system for the adjoining 

21 airport. 

22 ‘‘(2) Clause (A)(iii) of paragraph (1) shall apply only 

23 if the state in which the installation is located grants fran24 chises for the type of utility system being conveyed. 
174 

S 2229 IS 

1 ‘‘(3) If more than one prospective conveyee meets the 

2 requirements of paragraph (1), the Secretary may limit 

3 competition to only those prospective conveyees.’’; 

4 (2) in subsection (c)— 

5 (A) by redesignating paragraphs (2) and 

6 (3) as paragraphs (3) and (4), respectively; and 

7 (B) by inserting after paragraph (1) the 

8 following new paragraph (2): 

9 ‘‘(2) Notwithstanding paragraph (1), if the con10 veyance is made in accordance with subsection (j), 

11 and is made— 

12 ‘‘(A) to a regulated utility company which 

13 is wholly owned by or is a governmental entity, 

14 or 

15 ‘‘(B) to a governmental entity under clause 

16 (B) of subsection (j)(1)— 

17 ‘‘the Secretary may determine that the interest con18 veyed has a value of $1.00. Such determination shall 

19 be conclusive for all purposes.’’; 

20 (3) in subsection (f), by adding at the end the 

21 following new paragraph: 

22 ‘‘(3) In any conveyance to which paragraph (2) 

23 of subsection (c) applies, the Secretary shall require 

24 that the utility system, without notice, charge, or 

25 cost, revert to the ownership of the United States if 
175 

S 2229 IS 

1 the utility company to which the system was con2 veyed— 

3 ‘‘(A) if wholly owned by a governmental 

4 entity when the system was conveyed, ceases to 

5 be wholly owned by a governmental entity, or 

6 ‘‘(B) if a governmental entity when the 

7 system was conveyed, changes to a non-govern8 mental entity.’’; and 

9 (4) in subsection (h)— 

10 (A) in the subsection heading, by striking 

11 ‘‘UTILITY SYSTEM DEFINED’’ and inserting 

12 ‘‘DEFINITIONS’’; and 

13 (B) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(3) The term ‘governmental entity’ means 

16 public bodies created in accordance with state law 

17 for the purpose of exercising the authority of the 

18 state. 

19 ‘‘(4) The term ‘independent regulatory body’ 

20 means the Federal Energy Regulatory Commission, 

21 a state-wide agency, or an agency with less than 

22 state-wide jurisdiction when operating pursuant to 

23 state authority. Such a body must have the power to 

24 fix, establish, or control the rates and services of 

25 utility systems. 
176 

S 2229 IS 

1 ‘‘(5) The term ‘non-independent regulatory 

2 body’ means a body that regulates a utility system 

3 which is owned or operated by the regulatory body 

4 or by the same entity that created the regulatory 

5 body, such as a municipality that owns or operates 

6 and regulates its own municipal utility system. 

7 ‘‘(6) The term ‘regulated utility company’ 

8 means a utility company regulated by an inde9 pendent regulatory body, as opposed to a non-inde10 pendent regulatory body.’’. 

11 SEC. 805. ELIMINATION OF DELAYS IN ASSIGNMENT OF 

12 REAL PROPERTY TO FEDERAL SPONSORING 

13 AGENCIES FOR PUBLIC BENEFIT CONVEY14 ANCES. 

15 Section 550 of title 40, United States Code, is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(i) DIRECT CONVEYANCE OF BASE CLOSURE PROP19 ERTIES.—(1) In regard to base closure properties disposed 

20 of under subsections (c), (d), (e), and (f), the duties, au21 thorities, and responsibilities of the Secretary of Edu22 cation, the Secretary of Health and Human Services, the 

23 Secretary of the Interior, and the Secretary of Housing 

24 and Urban Development, respectively, under those sub25 sections, shall be exercised by the Secretary of Defense. 
177 

S 2229 IS 

1 Notwithstanding the previous sentence, the Secretary of 

2 Education, the Secretary of Health and Human Services, 

3 the Secretary of the Interior, and the Secretary of Hous4 ing and Urban Development shall retain their responsi5 bility under subsections (c), (d), (e), and (f), respectively, 

6 to recommend the need for use of the properties for school, 

7 classroom, or other educational use, for protection of pub8 lic health, including research, for public park or recreation 

9 area, and for low income housing assistance. 

10 ‘‘(2)(A) For purposes of this section, the term ‘base 

11 closure properties’ means those properties of the Depart12 ment of Defense made excess to the needs of the Depart13 ment of Defense pursuant to actions under a base closure 

14 law. 

15 ‘‘(B) For purposes of this section, the term ‘base clo16 sure law’ has the same meaning as provided in section 

17 101(17) of title 10.’’. 

18 SEC. 806. TREATMENT OF CERTAIN FORMER MILITARY IN19 STALLATION LANDS AS HUBZONES. 

20 Section (3)(p)(1) of the Small Business Act (15 

21 U.S.C. 632 (p)(1)) is amended— 

22 (1) in subparagraph (C), by striking ‘‘or’’ at 

23 the end; 

24 (2) in subparagraph (D), by striking the period 

25 at the end and inserting ‘‘or’’; and 
178 

S 2229 IS 

1 (3) by inserting at the end the following new 

2 subparagraph: 

3 ‘‘(E) lands within the external boundaries 

4 of a military installation that not more than 7 

5 years earlier was closed, realigned, transferred, 

6 converted, or redeveloped under the authority 

7 of— 

8 ‘‘(i) the Defense Base Closure and 

9 Realignment Act of 1990 (part A of title 

10 XXIX of Public Law 101–510; 10 U.S.C. 

11 2687 note); 

12 ‘‘(ii) title II of the Defense Authoriza13 tion Amendments and Base Closure and 

14 Realignment Act (Public Law 100–526; 10 

15 U.S.C. 2687 note); 

16 ‘‘(iii) section 2687 of title 10, United 

17 States Code; 

18 ‘‘(iv) any other provision of law au19 thorizing or directing the Secretary of De20 fense or the Secretary of a military depart21 ment to dispose of real property at the 

22 military installation for purposes of rede23 velopment, while retaining the authority to 

24 enter into a leaseback of all or a portion 

25 of the property for military use; or 
179 

S 2229 IS 

1 ‘‘(v) excludes lands under the jurisdic2 tion, custody, and control of a non-DoD 

3 federal agency from the HUBZone Pro4 gram.’’. 

5 SEC. 807. REPEAL OF REDUNDANT LIMITATIONS ON THE 

6 PROCUREMENT OF TOTALLY ENCLOSED 

7 LIFEBOATS. 

8 (a) Section 8124 of the Department of Defense Ap9 propriations Act, 1994 (Public Law 103–139; 107 Stat. 

10 1469) is repealed. 

11 (b) Section 8093 of the Department of Defense Ap12 propriations Act, 1995 (Public Law 103–335; 108 Stat. 

13 2638) is repealed. 

14 SEC. 808. AMENDMENTS TO SMALL BUSINESS COMPETI15 TIVENESS DEMONSTRATION PROGRAM ACT 

16 OF 1988; STREAMLINING DATA COLLECTION. 

17 The Small Business Competitiveness Demonstration 

18 Program Act of 1988 (15 U.S.C. 644 note, parts A and 

19 B) is amended— 

20 (1) by striking paragraph 702(3); 

21 (2) in section 711— 

22 (A) in subsection (b)— 

23 (i) by amending paragraph (1) to read 

24 as follows: 
180 

S 2229 IS 

1 ‘‘(1) the competitive capabilities of small busi2 ness firms in designated industry groups will enable 

3 them to successfully compete on an unrestricted 

4 basis for Federal contracting opportunities, in excess 

5 of $500,000,’’ 

6 (ii) by striking paragraph (2); 

7 (iii) by redesignating paragraph (3) as 

8 paragraph (2); 

9 (B) by amending subsection (d) to read as 

10 follows: 

11 ‘‘(d) APPLICATION.—The Program shall apply to 

12 contract solicitations for the procurement of services in the 

13 designated industry groups as detailed in section 717.’’; 

14 (3) by amending section 712 to read as follows: 

15 ‘‘SEC. 712. ENHANCED SMALL BUSINESS PARTICIPATION 

16 GOALS. 

17 ‘‘(a) ENHANCED GOALS FOR DESIGNATED INDUSTRY

18 GROUPS.—Each participating agency shall establish an 

19 annual small business participation goal that is 40 percent 

20 of the dollar value of the contract awards for each of the 

21 designated industry groups. In attaining its small business 

22 participation goal for contract awards for each of the des23 ignated industry groups, each participating agency shall 

24 limit the use of small business set-aside procedures (15 

25 U.S.C. 644(a)) to only those requirements with an antici-
181 

S 2229 IS 

1 pated contract award price, including all options, of 

2 $500,000 or less. 

3 ‘‘(b) SMALL BUSINESS RESERVE.—During the term 

4 of the Program, all contract opportunities in the des5 ignated industry groups in section 717 shall be reserved 

6 for exclusive competition among small business concerns 

7 in accordance with the competition standard specified in 

8 section 15(j) of the Small Business Act (15 U.S.C. 

9 644(j)), if the estimated award value of the contract is 

10 at or below the simplified acquisition threshold. 

11 ‘‘(c) ENCOURAGE AND PROMOTE JOINT VENTURES

12 AND TEAMING AGREEMENTS.—Federal departments and 

13 agencies participating under the ‘‘Small Business Com14 petitiveness Demonstration Program’’ shall encourage and 

15 promote joint ventures, teaming agreements, and other 

16 similar arrangements, which permit small business con17 cerns to compete effectively for contract solicitations for 

18 which an individual small business concern would lack the 

19 requisite capacity or capability needed to establish respon20 sibility for the award of a contract. Contracts awarded to 

21 such small business joint ventures and teams shall be ac22 counted as small business awards if small businesses par23 ticipating in such arrangements perform not less than fifty 

24 one percent of the requirement.’’; 

25 (4) by amending section 713 to read as follows: 
182 

S 2229 IS 

1 ‘‘SEC. 713. PROCUREMENT PROCEDURES. 

2 ‘‘(a) FULL AND OPEN COMPETITION.—Except as 

3 provided in subsections (b) each contract opportunity with 

4 an anticipated value of more than $500,000 for the pro5 curement of goods and services from firms in the des6 ignated industry groups (unless set aside pursuant to sec7 tion 8(a) of the Small Business Act (15 U.S.C. 637(a)), 

8 section 2323 of title 10, United States Code, section 7102 

9 (15 U.S.C. 644 note) or (15 U.S.C. 632(p)) shall be solic10 ited on an unrestricted basis. 

11 ‘‘(b) RESTRICTED COMPETITION.—Requirements 

12 with an anticipated value of $500,000 or less, including 

13 all options, shall be solicited to the maximum extent prac14 ticable pursuant to 15(a) and 15(q) of the Small Business 

15 Act (15 U.S.C. 644(a) and (q)).’’; 

16 (5) by repealing section 714; 

17 (6) by amending section 716 to read as follows: 

18 ‘‘SEC. 716. REPORTS TO CONGRESS. 

19 ‘‘(a) IN GENERAL.—Within 180 days after data for 

20 each of fiscal years 1991 through 2010 are available from 

21 the Federal Procurement Data Center, the Administrator 

22 of the Small Business Administration shall report the re23 sults of the Small Business Competitiveness Demonstra24 tion Program to the Senate Committee on Small Business 

25 and Entrepreneurship, the House of Representatives Com26 mittee on Small Business, the Senate Committee on Gov-
183 

S 2229 IS 

1 ernment Affairs and the House of Representatives Com2 mittee on Government Reform. The views of the Adminis3 trator of the Small Business Administration shall be in4 cluded in the report. 

5 ‘‘(b) RECOMMENDATIONS.—Limitation on the use of 

6 small business set-aside procedures above $500,000 shall 

7 remain in effect through fiscal year 2010. The Adminis8 trator of the Small Business Administration in consulta9 tion with the Administrator of the Office of Federal Pro10 curement Policy may make adjustments to the $500,000 

11 small business set-aside ceiling based on the Federal-wide 

12 small business achievement of 40 percent with respect to 

13 each of the designated industry groups. The 40 percent 

14 small business goal accomplishment or non-accomplish15 ment shall include all small business awards as the numer16 ator irrespective of the type of preference program and 

17 shall include small business awards pursuant to full and 

18 open competition, excluding foreign military sales. The de19 nominator shall include all awards to business concerns, 

20 excluding foreign military sales.’’; and 

21 (7) in section 718— 

22 (A) by striking subsection (b); and 

23 (B) by redesignating subsections (c), (d), 

24 and (e) as subsections (b), (c), and (d), respec25 tively. 
184 

S 2229 IS 

1 SEC. 809. DEMONSTRATION PROGRAMS USING DESIGN–

2 BUILD CONTRACTS. 

3 (a) AUTHORITY TO CARRY OUT PROGRAM.—The 

4 Secretary of the Navy and the Secretary of the Army each 

5 may conduct a demonstration program to assess the feasi6 bility and desirability to enter into design for design-build 

7 contract (fast-track design funding) prior to authorization 

8 and appropriation of the project, using design funds made 

9 available under the authority of section 2807 of title 10, 

10 United States Code, for the design portion of the contract 

11 in order to reduce facility acquisition time. 

12 (b) DESIGN-BUILD CONTRACTING.—For purposes of 

13 the demonstration program, the Secretary concerned shall 

14 have, in addition the authority in paragraph (c)(5) of sec15 tion 2305a of title 10, United States Code, the authority, 

16 notwithstanding any other provision of law, to accelerate 

17 design efforts for design-build contracts (fast-track design 

18 funding) to complete the design effort for any military 

19 construction or family housing construction project, prior 

20 to the project being authorized and appropriated, if— 

21 (1) the contractor to which the contract was 

22 awarded has been selected using design-build selec23 tion procedures established under section 2305a of 

24 title 10, United States Code; 

25 (2) a request for the authorization and appro26 priation of construction funds has been submitted to 
185 

S 2229 IS 

1 Congress as part of the President’s annual budget; 

2 and 

3 (3) the Government’s liability in a Termination 

4 for Convenience would not exceed costs above that 

5 attributable to the final design of the project. 

6 (c) USE OF DESIGN FUNDS IN DESIGN-BUILD CON7 TACTS.—Notwithstanding section 2807(a) of title 10, 

8 United States Code, projects conducted as part of this pro9 gram may include projects specifically authorized by law. 

10 (d) USE OF DESIGN FUNDS IN DESIGN-BUILD CON11 TRACTS FOR FACILITIES FOR RESERVE COMPONENTS.— 

12 Notwithstanding section 18233(e) of title 10, United 

13 States Code, projects conducted as part of this program 

14 may include projects specifically authorized by law. 

15 (e) EXPIRATION.—The Secretary of the Navy and the 

16 Secretary of the Army may not enter into a contract for 

17 a military construction project under the demonstration 

18 program described in subsections (a), (b), and (c) after 

19 September 30, 2008. 

20 SEC. 810. TWO-YEAR EXTENSION OF LABORATORY REVITAL21 IZATION DEMONSTRATION PROGRAM. 

22 Subsection (g) of section 2892 of the Military Con23 struction Authorization Act for Fiscal Year 1996 (division 

24 B of Public Law 104–106; 110 Stat. 590; 10 U.S.C. 2805 

25 note), as amended by section 2871 of the Strom Thur-
186 

S 2229 IS 

1 mond National Defense Authorization Act for Fiscal Year 

2 1999 (Public Law 105–261; 112 Stat. 2225)), is further 

3 amended by striking ‘‘September 30, 2003’’ and inserting 

4 ‘‘September 30, 2005’’. 

5 Subtitle B—Amendments to Gen6 eral Contracting Authorities, 

7 Procedures, and Limitations 

8 SEC. 821. TRANSPORTATION OF DEPARTMENT OF DEFENSE 

9 PASSENGERS OR SUPPLIES BY AIR CAR10 RIERS. 

11 Section 2710 of the Emergency Wartime Supple12 mental Appropriations Act, 2003 (Public Law 108–11; 

13 117 Stat.559), is repealed. 

14 SEC. 822. ONE-YEAR EXTENSION OF PROGRAM APPLYING 

15 SIMPLIFIED PROCEDURES TO CERTAIN COM16 MERCIAL ITEMS. 

17 Section 4202(e) of the Clinger-Cohen Act of 1996 

18 (divisions D and E of Public Law 104–106; 10 U.S.C. 

19 2304 note) is amended by striking ‘‘January 1, 2006’’ and 

20 inserting ‘‘January 1, 2007’’. 

21 SEC. 823. PILOT AUTHORITY FOR FOLLOW-ON PRODUCTION 

22 AGREEMENTS RELATING TO CERTAIN PRO23 TOTYPE PROJECTS. 

24 (a) FOLLOW-ON PRODUCTION AGREEMENTS.—A 

25 transaction entered into under section 845 of the National 
187 

S 2229 IS 

1 Defense Authorization Act for Fiscal Year 1994 as 

2 amended (Public Law 103–160; 10 U.S.C. 2371 note) for 

3 a prototype project may provide for the award of a follow4 on production agreement to the participants in the trans5 action for a specific number of units at specific target 

6 prices. The number of units specified in the transaction 

7 shall be determined on the basis of a balancing of the level 

8 of the investment made in the project by the participants 

9 other than the Federal Government with the interest of 

10 the Federal Government in having competition among 

11 sources in the acquisition of the product or products 

12 prototyped under the project. 

13 (b) APPROPRIATE USE OF AUTHORITY.—The Sec14 retary of Defense shall ensure that no official of an agency 

15 enters into a transaction under the authority of this sec16 tion for a follow-on production agreement unless use of 

17 a transaction is necessary to continue business arrange18 ments established for prototype projects that included the 

19 significant participation of a nontraditional defense con20 tractor when the nontraditional defense contractor con21 tinues to participate to a significant extent in the pre-pro22 duction or production of the item. 

23 (c) ADVANCE PAYMENTS.—A cumulative total of up 

24 to $20,000,000 of advances to participants in the trans25 actions under this section is allowed without regard to sub-
188 

S 2229 IS 

1 section 3324(a) of title 31, United States Code, regarding 

2 advance payments. 

3 (d) COMPETITIVE PROCEDURES.—A follow-on pro4 duction agreement provided for in a transaction under 

5 paragraph (a) may be awarded to the participants in the 

6 transaction without the use of competitive procedures, not7 withstanding the requirements of section 2304 of title 10, 

8 United States Code, if— 

9 (1) competitive procedures were used for the se10 lection of parties for participation in the prototype 

11 transaction; 

12 (2) the participants in the prototype transaction 

13 successfully completed the prototype project provided 

14 for in the transaction; 

15 (3) the number of units provided for in the fol16 low-on production agreement does not exceed the 

17 number of units specified in the prototype other 

18 transaction for such potential follow-on production 

19 agreement; and 

20 (4) the prices established in the follow-on pro21 duction agreement do not exceed target prices speci22 fied in the prototype other transaction for such a po23 tential follow-on production agreement. 

24 (e) PROTECTION OF CERTAIN INFORMATION FROM

25 DISCLOSURE.— 
189 

S 2229 IS 

1 (1) Disclosure of information described in para2 graph (2) is not required, and may not be compelled, 

3 under section 552 of title 5, United States Code, for 

4 five years after the date on which the information is 

5 received by the Department of Defense. 

6 (2)(A) Paragraph (1) applies to information de7 scribed in paragraph (B) that is in the records of 

8 the Department of Defense if the information was 

9 submitted to the Department in a competitive or 

10 noncompetitive process having the potential for re11 sulting in an award, to the party submitting the in12 formation, of a cooperative agreement for perform13 ance of basic, applied, or advanced research author14 ized by section 2358 of this title or another trans15 action authorized by subsection (a). 

16 (B) The information referred to in subpara17 graph (A) is the following: 

18 (i) A proposal, proposal abstract, and sup19 porting documents. 

20 (ii) A business plan submitted on a con21 fidential basis. 

22 (iii) Technical information submitted on a 

23 confidential basis. 

24 (f) PERIOD OF AUTHORITY.—The authority to con25 duct a pilot program under this section shall terminate 
190 

S 2229 IS 

1 on September 30, 2010. The termination of the authority 

2 shall not affect the validity of continued performance on 

3 agreements that are awarded or modified during the pe4 riod of the pilot program. 

5 SEC. 824. CHARGING OF FEES FOR LOGISTICS DATA. 

6 (a) IN GENERAL.—Chapter 141 of title 10, United 

7 States Code, is amended by inserting after section 2410m 

8 the following new section: 

9 ‘‘§ 2410n. Charging of fees for logistics data 

10 ‘‘The Secretary of Defense may establish fees, at a 

11 level sufficient to recover costs, for materials provided by 

12 the Defense Logistics Information Services to the public, 

13 state and local governments and federal entities from the 

14 Federal Logistics Information System.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by adding 

17 at the end the following item: 

‘‘2410n. Charging of fees for logistics data.’’. 

18 SEC. 825. SALE AND EXCHANGE OF MISSILE PROPELLANTS 

19 AND ELECTRICITY. 

20 (a) IN GENERAL.—Section 2404 of title 10, United 

21 States Code, is amended— 

22 (1) by striking ‘‘fuel’’ each place it appears and 

23 inserting ‘‘energy’’; 

24 (2) in subsection (d), by striking ‘‘of the De25 partment of Defense’’; 
191 

S 2229 IS 

1 (3) in subsection (e), by striking ‘‘such blends’’ 

2 and inserting ‘‘such blends, and additives thereto’’; 

3 (4) by redesignating subsection (f) as sub4 section (g); and 

5 (5) by inserting after subsection (e) the fol6 lowing new subsection (f): 

7 ‘‘(f) MISSILE PROPELLANT DEFINED.—In this sec8 tion, the term ‘missile propellant’ means the chemical 

9 product which is utilized as an energy, oxidizer, catalyst 

10 or inert additive in the engines of rockets and missiles or 

11 used in high energy lasers.’’; and 

12 (6) in subsection (g), as redesignated by para13 graph (4), by adding at the end the following new 

14 paragraphs: 

15 ‘‘(5) Missile propellant. 

16 ‘‘(6) Electricity.’’. 

17 (b) CLERICAL AMENDMENTS.—(1) The heading of 

18 such section is amended to read as follows: 

19 ‘‘§ 2404. Energy acquisitions, exchanges and waivers’’. 

20 (2) The table of sections at the beginning of chapter 

21 141 of such title is amended by striking the item relating 

22 to section 2404 and inserting the following new item: 

‘‘2404. Energy acquisitions, exchanges and waivers.’’. 
192 

S 2229 IS 

1 SEC. 826. ELIMINATION OF SOLICITATION ISSUANCE 

2 DELAY. 

3 (a) ELIMINATION OF THE SMALL BUSINESS ACT 15- 

4 DAY CONTRACT AWARD DELAY.—Paragraph (3) of sec5 tion 8(e) of the Small Business Act (15 U.S.C. 637(e)(3)) 

6 is amended by adding at the end the following new sub7 paragraphs: 

8 ‘‘(C) Notwithstanding subparagraphs (A) and (B), 

9 the 15-day wait period may be eliminated when— 

10 ‘‘(i) the notice required by paragraph (1)(A) 

11 and the solicitation are issued simultaneously; 

12 ‘‘(ii) five days are added to the period specified 

13 in subparagraph (B) for submission of bids or pro14 posed offers; 

15 ‘‘(iii) the acquisition does not involve the bun16 dling of contracts as that term is defined in section 

17 3(o) of the Small Business Act (15 U.S.C. 632(o)); 

18 and 

19 ‘‘(iv) the acquisition does not exceed 

20 $7,000,000. 

21 ‘‘(D) Subparagraph (C) shall not be used if the head 

22 of an agency determines its use is inconsistent with any 

23 international agreement to which the United States is a 

24 party.’’. 

25 (b) ELIMINATION OF THE OFFICE OF FEDERAL PRO26 CUREMENT POLICY ACT 15-DAY SOLICITATION ISSUANCE
193 

S 2229 IS 

1 DELAY.—Section 18(a) of the Office of Federal Procure2 ment Policy Act (41 U.S.C. 416(a)) is amended by adding 

3 at the end the following new paragraph: 

4 ‘‘(8)(A) Notwithstanding paragraph (3)(A), the 15- 

5 day wait period may be eliminated when— 

6 ‘‘(i) the notice required by paragraph (1)(A) 

7 and the solicitation are issued simultaneously; 

8 ‘‘(ii) five days are added to the period specified 

9 in paragraph (3)(B) for submission of bids or pro10 posals; 

11 ‘‘(iii) the acquisition does not involve the bun12 dling of contracts as that term is defined in section 

13 3(o) of the Small Business Act (15 U.S.C. 632(o)); 

14 and 

15 ‘‘(iv) the acquisition does not exceed 

16 $7,000,000. 

17 ‘‘(B) Subparagraph (A) shall not be used if the head 

18 of an agency determines its use is inconsistent with any 

19 international agreement to which the United States is a 

20 party.’’. 

21 SEC. 827. PILOT PROGRAM TO CONTRACT WITH LOCAL 

22 GOVERNMENTS FOR SERVICES. 

23 (a) ACQUISITION AUTHORITY.—Subject to the provi24 sions of chapter 146 of title 10, United States Code, but 

25 notwithstanding any other provision of law related to the 
194 

S 2229 IS 

1 award of public contracts, the Secretary of a military de2 partment may enter into a contract or other agreement 

3 for the provision of local governmental services at an in4 stallation of the Department of Defense with the local gov5 ernmental entity responsible in accordance with state law 

6 for serving the area that includes the installation or facil7 ity. The Secretary may enter into such a contract or 

8 agreement without utilizing competitive procedures and 

9 without regard to whether the local governmental entity 

10 to which the Secretary makes award is required by law 

11 to provide those services to the public without direct 

12 charge: provided, however, that such law does not require 

13 the provision of those services to federal facilities without 

14 charge. 

15 (b) LIMITATIONS.—The authority provided in sub16 section (a) may be used at no more than two installations 

17 in each military department and may not be applied after 

18 September 30, 2010. 

19 (c) DEFINITIONS.—In this section, the term ‘‘local 

20 governmental services’’ means refuse collection and dis21 posal, libraries, recreation, facility repair and mainte22 nance, and utilities. 
195 

S 2229 IS 

1 SEC. 828. PROCUREMENT OF BALL AND ROLLER BEARINGS. 

2 (a) LIMITATION.—Paragraph (5) of subsection (a) of 

3 section 2534 of title 10, United States Code, is amended 

4 to read as follows: 

5 ‘‘(5) BALL BEARINGS AND ROLLER BEARINGS.—Ball 

6 bearings and roller bearings or bearing components, ex7 cept ball bearings and roller bearings being procured for 

8 use in an end product manufactured by a manufacturer 

9 that does not satisfy the requirements of subsection (b) 

10 or in a component part manufactured by such a manufac11 turer. ‘Bearing components’ means the bearing element, 

12 retainer, inner race, or outer race.’’. 

13 (b) INAPPLICABILITY TO CERTAIN CONTRACTS.— 

14 Paragraph (2) of subsection (j) of such section is amended 

15 to read as follows: 

16 ‘‘(2) This section does not apply with respect to a 

17 contract or subcontract to purchase items described in 

18 subsection (a)(5) if such contract or subcontract is for the 

19 acquisition of commercial items, unless commercial ball 

20 and roller bearings are being acquired as end items.’’. 

21 SEC. 829. INCREASED THRESHOLD FOR AWARDING CON22 TRACTS UNDER OTHER THAN COMPETITIVE 

23 PROCEDURES. 

24 Section 2304(f)(1)(B) of title 10, United States 

25 Code, is amended— 
196 

S 2229 IS 

1 (1) in clause (ii), by striking ‘‘$50,000,000’’ 

2 and inserting ‘‘75,000,000’’; and 

3 (2) in clause (iii), by striking ‘‘$50,000,000’’ 

4 and inserting ‘‘$75,000,000’’. 

5 SEC. 830. INCREASED THRESHOLD FOR REQUIRING CON6 TRACTORS TO PROVIDE SPECIFIED EM7 PLOYEE INFORMATION TO COOPERATIVE 

8 AGREEMENT HOLDERS. 

9 Section 2416(d) of title 10, United States Code, is 

10 amended by striking ‘‘$500,000’’ and inserting 

11 ‘‘$1,000,000’’. 

12 SEC. 831. LIMITATION ON TASK AND DELIVERY ORDER 

13 CONTRACTS. 

14 Subsection 2304a(f) of title 10, United States Code, 

15 is amended to read as follows: 

16 ‘‘(f) CONTRACT PERIOD.—The head of an agency en17 tering into a task or delivery order contract under this 

18 section may provide for the contract to cover any period 

19 up to five years and may extend the contract period for 

20 one or more successive periods pursuant to an option pro21 vided in the contract or a modification to the contract. 

22 In no event, however, may the total contract period as ex23 tended exceed ten years.’’. 
197 

S 2229 IS 

1 SEC. 832. OBLIGATION OF PERFORMANCE BOND SURETY 

2 UPON DEFAULT OF CONTRACTOR. 

3 (a) OBLIGATION OF PERFORMANCE BOND SUR4 ETY.—Section 3131 of title 40, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(f) OBLIGATION OF PERFORMANCE BOND SURETY

8 UPON DEFAULT OF CONTRACTOR.—Upon notice of con9 tractor default and demand upon the performance bond 

10 by the United States, and notwithstanding any remedies 

11 the United States may have against the defaulting con12 tractor, the performance bond surety shall enter a take13 over agreement with the United States for completion of 

14 the defaulted work or remit to the United States funds 

15 not in excess of the penal sum of the bond to fund a sepa16 rate completion contract or satisfy any other liability it 

17 has under the performance bond. In the event the per18 formance bond surety disputes the basis of contractor de19 fault, and after satisfying its obligations to the United 

20 States under the performance bond, the performance bond 

21 surety’s sole remedy shall be by claim for money damages 

22 to the extent it has standing pursuant to the Contract Dis23 putes Act (41 U.S.C. 601, et seq.), or is otherwise sub24 rogated to the rights of the defaulted contractor.’’. 

25 (b) REVOCATION OF AUTHORITY OF PERFORMANCE

26 BOND SURETY.—Paragraph (1) of section 9305(d) of title 
198 

S 2229 IS 

1 31, United States Code, is amended by striking ‘‘or sec2 tion 9304 or 9306 of this title’’ and inserting ‘‘, section 

3 9304 or 9306 of this title, or section 3131 of title 40’’. 

4 Subtitle C—Acquisition–Related 

5 Reports and Other Matters 

6 SEC. 841. STREAMLINING REAL PROPERTY TRANSACTIONS. 

7 (a) Section 2662 of title 10, United States Code, is 

8 amended— 

9 (1) by amending subsection (a) to read as fol10 lows: 

11 ‘‘(a) GENERAL NOTICE AND WAIT REQUIRE12 MENTS.—The Secretary concerned shall provide a report 

13 of the facts concerning the proposed transaction to the 

14 Committee on Armed Services of the Senate and the Com15 mittee on Armed Services of the House of Representatives 

16 if the estimated price, annual rental, or value exceeds the 

17 unspecified minor military construction ceiling in section 

18 2805(a)(1) of this title. Such transactions are— 

19 ‘‘(1) An acquisition of fee title to any real prop20 erty, 

21 ‘‘(2) A lease of any real property to the United 

22 States, 

23 ‘‘(3) A lease or license of real property owned 

24 by the United States, 
199 

S 2229 IS 

1 ‘‘(4) A transfer of real property owned by the 

2 United States to another Federal agency or another 

3 military department or to a State, 

4 ‘‘(5) A report of excess real property owned by 

5 the United States to a disposal agency, or 

6 ‘‘(6) Any termination or modification by either 

7 the grantor or grantee of an existing license or per8 mit to a military department of real property owned 

9 by the United States, under which substantial in10 vestments have been or are proposed to be made in 

11 connection with the use of the property by the mili12 tary department.’’. 

13 (2) in subsection (b), by striking ‘‘$750,000’’ 

14 and inserting ‘‘the unspecified minor military con15 struction project ceiling in section 2805(a)(1) of this 

16 title’’; and 

17 (3) in subsection (e), by striking ‘‘$750,000’’ 

18 and inserting ‘‘the unspecified minor military con19 struction project ceiling in section 2805(a)(1) of this 

20 title’’. 

21 (b) Section 2672 of title 10, United States Code, is 

22 amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1)— 
200 

S 2229 IS 

1 (i) by striking ‘‘(1) The’’ and insert2 ing ‘‘The’’; 

3 (ii) by redesignating subparagraphs 

4 (A) and (B) as paragraphs (1) and (2); 

5 and 

6 (iii) in paragraph (2), as redesignated, 

7 by striking ‘‘$750,000’’ and inserting ‘‘the 

8 unspecified minor military construction 

9 project ceiling in section 2805(a)(1) of this 

10 title’’; and 

11 (B) by striking paragraph (2); and 

12 (2) in subsection (b), by striking ‘‘$750,000’’ 

13 and everything that follows through the period at 

14 the end of the sentence and inserting ‘‘the unspec15 ified minor military construction project ceiling in 

16 section 2805(a)(1) of this title’’. 

17 SEC. 842. REPEAL OF ANNUAL REPORTING REQUIREMENT 

18 CONCERNING MANAGEMENT OF DEPOT EM19 PLOYEES. 

20 Section 2472 of title 10, United States Code, is 

21 amended— 

22 (1) by striking ‘‘(a) PROHIBITION ON MANAGE23 MENT BY END STRENGTH.—’’; and 

24 (2) by striking subsection (b). 
201 

S 2229 IS 

1 SEC. 843. SIMPLIFICATION OF ANNUAL REPORTING RE2 QUIREMENTS CONCERNING FUNDS EX3 PENDED FOR DEPOT MAINTENANCE AND RE4 PAIR WORKLOADS. 

5 Section 2466(d) of title 10, United States Code, is 

6 amended to read as follows: 

7 ‘‘(d) ANNUAL REPORTS.—(1) Not later than April 1 

8 of each year, the Secretary of Defense shall submit to Con9 gress a report identifying, for each of the military depart10 ments and each Defense Agency, the percentage of the 

11 funds referred to in subsection (a) that was expended dur12 ing the preceding fiscal year and are projected to be ex13 pended in the current and the next fiscal years for per14 formance of depot-level maintenance and repair workloads 

15 by the public and private sectors, as required by this sec16 tion. 

17 ‘‘(2) Not later than 60 days after the date on which 

18 the Secretary submits a report under this subsection, the 

19 Comptroller General shall submit to Congress the Comp20 troller General’s views on whether the Department of De21 fense has complied with the requirements of subsection (a) 

22 for the preceding fiscal year covered by the report and that 

23 the expenditure projections for the current and next fiscal 

24 years are reasonable.’’. 
202 

S 2229 IS 

1 SEC. 844. SMALL BUSINESS PROGRAMS: CHANGE OF OF2 FICE TITLE. 

3 Section 15(k) of the Small Business Act (15 U.S.C. 

4 644(k)) is amended— 

5 (1) by amending the heading to read as follows: 

6 ‘‘(k) OFFICE OF SMALL BUSINESS PROGRAMS; DI7 RECTOR’’; 

8 and 

9 (2) by striking ‘‘and Disadvantaged Business 

10 Utilization’’ each place it appears and inserting 

11 ‘‘Business Programs’’. 

12 SEC. 845. PROVISIONS RELATING TO REAL PROPERTY. 

13 (a) IN GENERAL.—(1) Section 2661 of title 10, 

14 United States Code, is amended by adding at the end the 

15 following new subsections: 

16 ‘‘(c) COMMISSIONS ON LAND PURCHASE CON17 TRACTS.—The maximum amount payable as a commission 

18 on a contract for the purchase of land from funds appro19 priated for the Department of Defense is 2 percent of the 

20 purchase price. 

21 ‘‘(d) AVAILABILITY OF FUNDS FOR ACQUISITION OF

22 CERTAIN INTERESTS IN LANDS.—Appropriations avail23 able to the Department of Defense for operation and 

24 maintenance or construction may be used for the acquisi25 tion of land or interests in land under section 2672 of 
203 

S 2229 IS 

1 this title and for the acquisition of interests in land under 

2 section 2675 of this title.’’. 

3 (2) Section 2679 of such title is amended— 

4 (A) by striking the title and inserting the fol5 lowing: 

6 ‘‘§ 2679. Use of facilities by private organizations or 

7 as polling places’’; 

8 (B) by redesignating subsections (a), (b), (c), 

9 and (d) as paragraphs (1), (2), (3), and (4), respec10 tively; 

11 (C) by inserting before paragraph (1), as redes12 ignated, the following: 

13 ‘‘(a) USE OF SPACE AND EQUIPMENT BY VETERANS’ 

14 ORGANIZATIONS.—’’; and 

15 (D) by adding at the end the following new sub16 sections: 

17 ‘‘(b) LICENSES TO AMERICAN NATIONAL RED CROSS

18 FOR ERECTION AND USE OF BUILDINGS.—Under such 

19 conditions as he may prescribe, the Secretary concerned 

20 may issue a revocable license to the American National 

21 Red Cross to— 

22 ‘‘(1) erect and maintain, on any military instal23 lation under the Secretary’s jurisdiction, buildings 

24 for the storage of supplies; or 
204 

S 2229 IS 

1 ‘‘(2) use, for the storage of supplies, buildings 

2 erected by the United States. 

3 ‘‘Supplies stored in buildings erected or used under this 

4 section are available to aid the civilian population in a seri5 ous national disaster. 

6 ‘‘(c) USE OF CERTAIN FACILITIES AS POLLING

7 PLACES.—(1) Notwithstanding chapter 29 of title 18 (in8 cluding sections 592 and 593 of such title) or any other 

9 provision of law, the Secretary of Defense or Secretary 

10 of a military department may not (except as provided in 

11 paragraph (3)) prohibit the designation or use of a quali12 fying facility under the jurisdiction of the Secretary as an 

13 official polling place for local, State, or Federal elections. 

14 ‘‘(2) A Department of Defense facility is a qualifying 

15 facility for purposes of this subsection if as of December 

16 31, 2000— 

17 ‘‘(A) the facility is designated as an official 

18 polling place by a State or local election official; or 

19 ‘‘(B) the facility has been used as such an offi20 cial polling place since January 1, 1996. 

21 ‘‘(3) The limitation in paragraph (1) may be waived 

22 by the Secretary with respect to a particular Department 

23 of Defense facility if the Secretary determines that local 

24 security conditions require prohibition of the designation 
205 

S 2229 IS 

1 or use of that facility as an official polling place for any 

2 election.’’. 

3 (3) Section 2664 of such title is repealed. 

4 (4) Sections 2666, 2670, and 2673 of such title are 

5 repealed. 

6 (b) CLERICAL AMENDMENTS.—The table of sections 

7 for chapter 159 of such title is amended— 

8 (1) by striking the items relating to sections 

9 2664, 2666, 2670, and 2673; and 

10 (2) by striking the item relating to section 2679 

11 and inserting the following: 

‘‘2679. Use of facilities by private organizations or as polling places.’’. 

12 TITLE IX—DEPARTMENT OF DE13 FENSE ORGANIZATION AND 

14 MANAGEMENT 

15 Subtitle A—Duties and Functions 

16 of Department of Defense Officers 

17 SEC. 901. TRANSFER OF RESPONSIBILITY FOR THE ASSEM18 BLED CHEMICAL WEAPONS ALTERNATIVES 

19 PROGRAM. 

20 Section 142(a) of the Strom Thurmond National De21 fense Authorization Act for Fiscal Year 1999 (Public Law 

22 105–261; 50 U.S.C. 1521 note) is amended to read as 

23 follows: 

24 ‘‘(a) PROGRAM MANAGEMENT.—Oversight of the As25 sembled Chemical Weapons Alternatives program shall be 
206 

S 2229 IS 

1 transferred from the Under Secretary of Defense for Ac2 quisition, Technology and Logistics to the Secretary of the 

3 Army not later than January 1, 2005. Upon transfer of 

4 oversight, the program may be managed as part of the 

5 Department of the Army management organization speci6 fied in 50 U.S.C. 1521(e). The Army shall continue to 

7 implement fully the alternative technologies previously se8 lected for the destruction of lethal chemical munitions at 

9 Pueblo Chemical Depot, Colorado, and Blue Grass Army 

10 Depot, Kentucky by the Under Secretary of Defense for 

11 Acquisition, Technology and Logistics.’’. 

12 SEC. 902. EXPANDED ELIGIBILITY TO SERVE AS THE DEP13 UTY CHIEF OF NAVAL OPERATIONS AND AS14 SISTANT CHIEF OF NAVAL OPERATIONS. 

15 (a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Sec16 tion 5036(a) of title 10, United States Code, is amended 

17 by striking ‘‘in the line’’. 

18 (b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.— 

19 Section 5037(a) of such title is amended by striking ‘‘in 

20 the line’’. 

21 SEC. 903. REPEAL OF REQUIRED PERIODIC INSPECTOR 

22 GENERAL AUDITS OF UNDEFINITIZED CON23 TRACTUAL ACTIONS. 

24 Section 908 of the Defense Acquisition Improvement 

25 Act of 1986 (as contained in section 101(c) of Public Law 
207 

S 2229 IS 

1 99–500 and identically enacted in section 101(c) [title X] 

2 of Public Law 99–591 and title IX of division A of Public 

3 Law 99–661) (10 U.S.C. 2326 note) is amended by strik4 ing subsection (b). 

5 SEC. 904. REPEAL OF MANDATORY INSPECTOR GENERAL 

6 REVIEW OF ADVISORY AND ASSISTANCE 

7 SERVICES CONTRACT WAIVERS. 

8 Section 2399(e)(2) of title 10, United States Code, 

9 is amended by striking ‘‘The Inspector General of the De10 partment of Defense shall review each such waiver and 

11 shall include in the Inspector General’s semi-annual report 

12 an assessment of those waivers made since the last such 

13 report.’’. 

14 SEC. 905. CHAIN OF SUCCESSION FOR THE CHIEF, NA15 TIONAL GUARD BUREAU. 

16 (a) DESIGNATION OF SENIOR OFFICER IN NATIONAL

17 GUARD BUREAU.—Section 10502 of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new subsection: 

20 ‘‘(e) SUCCESSION.—Unless otherwise directed by the 

21 President or Secretary of Defense, when there is a vacancy 

22 in the office of the Chief of the National Guard Bureau 

23 or in the event the Chief is unable to perform his duties, 

24 the more senior officer of either the Army National Guard 

25 of the United States or the Air National Guard of the 
208 

S 2229 IS 

1 United States on duty with the National Guard Bureau 

2 shall serve as the acting Chief until a successor is ap3 pointed or the Chief once again is able to perform his du4 ties.’’. 

5 (b) CLERICAL AMENDMENTS.—(1) The heading of 

6 such section is amended by adding at the end the fol7 lowing: ‘‘; succession’’. 

8 (2) The item relating to such section in the table of 

9 sections at the beginning of chapter 1011 of such title is 

10 amended by inserting before the period at the end the fol11 lowing: ‘‘; succession’’. 

12 (c) REPEALER.—Subsections (d) and (e) of section 

13 10505 of such title are repealed. 

14 Subtitle B—Reports 

15 SEC. 911. REPEAL OF QUARTERLY REPORTING REQUIRE16 MENT CONCERNING PAYMENTS FOR DIS17 TRICT OF COLUMBIA WATER AND SEWER 

18 SERVICES. 

19 (a) WATER AND WATER SERVICE SUPPLIED FOR

20 THE USE OF THE GOVERNMENT OF THE UNITED

21 STATES.—Section 106(b) of the District of Columbia Pub22 lic Works Act of 1954 (sec. 34–2401.25(b), D.C. Official 

23 Code), as amended by section 401 of the Miscellaneous 

24 Appropriations Act, 2001 (as enacted by reference in sec-
209 

S 2229 IS 

1 tion 1(a)(4) of the Consolidated Appropriations Act, 

2 2001), is amended by striking paragraph (5). 

3 (b) SANITARY SEWER SERVICE CHARGES FOR

4 UNITED STATES GOVERNMENT.—Section 212(b) of the 

5 District of Columbia Public Works Act of 1954 (sec. 34– 

6 2112(b), D.C. Official Code), as amended by section 401 

7 of the Miscellaneous Appropriations Act, 2001 (as enacted 

8 by reference in section 1(a)(4) of the Consolidated Appro9 priations Act, 2001), is amended by striking paragraph 

10 (5). 

11 SEC. 912. REPEAL OF REPORTING REQUIREMENT CON12 CERNING THE COOPERATIVE THREAT RE13 DUCTION PROGRAM. 

14 Section 1307 of the National Defense Authorization 

15 Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 

16 2165), is repealed. 

17 SEC. 913. REPEAL OF ANNUAL REPORTING REQUIREMENT 

18 CONCERNING THREAT POSED BY WEAPONS 

19 OF MASS DESTRUCTION, BALLISTIC MIS20 SILES, AND CRUISE MISSILES. 

21 Section 234 of the National Defense Authorization 

22 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

23 1664; 50 U.S.C. 2367), is repealed. 
210 

S 2229 IS 

1 Subtitle C—Other Matters 

2 SEC. 921. MANPOWER AND BUDGET ISSUES IN THE DE3 FENSE PRISONER OF WAR/MISSING PER4 SONNEL OFFICE. 

5 Section 1501(a)(5) of title 10, United States Code, 

6 is amended by striking subparagraph (C). 

7 SEC. 922. THREE-YEAR EXTENSION OF MENTOR-PROTE ́ GE ́

8 PROGRAM. 

9 Section 831 of the National Defense Authorization 

10 Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 

11 2302 note) is amended— 

12 (1) in subsection (j)— 

13 (A) in paragraph (1), by striking ‘‘Sep14 tember 30, 2005’’ and inserting ‘‘September 30, 

15 2008’’; and 

16 (B) in paragraph (2), by striking ‘‘Sep17 tember 30, 2008’’ and inserting ‘‘September 30, 

18 2011’’; and 

19 (2) in subsection (l)(3), by striking ‘‘2007’’ and 

20 inserting ‘‘2010’’. 
211 

S 2229 IS 

1 TITLE X—GENERAL PROVISIONS 

2 Subtitle A—Financial Matters 

3 SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE 

4 BUDGET REQUEST FOR PROCUREMENT OF 

5 RESERVE EQUIPMENT. 

6 Section 114(e) of title 10, United States Code, is re7 pealed. 

8 SEC. 1002. REPEAL OF REQUIREMENT FOR TWO-YEAR 

9 BUDGET CYCLE FOR THE DEPARTMENT OF 

10 DEFENSE. 

11 Section 1405 of the Department of Defense Author12 ization Act, 1986 (31 U.S.C. 1105 note) is repealed. 

13 SEC. 1003. EXTENSION OF AUTHORITY TO PROVIDE WAR 

14 RISK INSURANCE FOR MERCHANT MARINE 

15 VESSELS. 

16 (a) Section 1294 of title 46, United States Code, is 

17 amended by striking ‘‘June 30, 2005’’ and inserting ‘‘De18 cember 31, 2010’’. 

19 (b) Section 1288(a) of title 46, United States Code, 

20 Appendix, is amended by striking ‘‘Upon the request of 

21 the Secretary of Transportation, the Secretary of the 

22 Treasury may invest or reinvest all or any part of the fund 

23 in securities of the United States or in securities guaran24 teed as to principal and interest by the United States.’’ 

25 and inserting ‘‘The Secretary of Transportation may re-
212 

S 2229 IS 

1 quest the Secretary of the Treasury to invest such portion 

2 of the Fund as is not, in the judgment of the Secretary 

3 of Transportation, required to meet the current needs of 

4 the fund. Such investments shall be made by the Secretary 

5 of the Treasury in public debt securities of the United 

6 States, with maturities suitable to the needs of the fund, 

7 and bearing interest rates determined by the Secretary of 

8 the Treasury, taking into consideration current market 

9 yields on outstanding marketable obligations of the United 

10 States of comparable maturity.’’. 

11 SEC. 1004. CAPTURE OF ALL EXPIRED FUNDS FROM THE 

12 MILITARY PERSONNEL AND OPERATION AND 

13 MAINTENANCE APPROPRIATIONS ACCOUNTS 

14 FOR USE IN THE FOREIGN CURRENCY FLUC15 TUATIONS ACCOUNT. 

16 Section 2779 of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (a)(2), by striking ‘‘second fis19 cal year’’ and inserting ‘‘fifth fiscal year’’; and 

20 (2) in subsection (d)(2), by striking ‘‘second fis21 cal year’’ and inserting ‘‘fifth fiscal year’’. 
213 

S 2229 IS 

1 SEC. 1005. REIMBURSEMENT FOR USE OF PERSONAL CEL2 LULAR TELEPHONES WHEN USED FOR OFFI3 CIAL GOVERNMENT BUSINESS. 

4 (a) IN GENERAL.—(1) Chapter 134 of title 10, 

5 United States Code, is amended by inserting after section 

6 2257 the following new section: 

7 ‘‘§ 2258. Personal cellular telephones: reimbursement 

8 when used for Government business 

9 ‘‘(a) GENERAL AUTHORITY.—The Secretary of De10 fense may reimburse members of the Army, Navy, Air 

11 Force, and Marine Corp, and civilian officers and employ12 ees of the Department of Defense, for cellular telephone 

13 use on a privately owned cellular telephone when used on 

14 official Government business. Such reimbursement shall 

15 be on a flat-rate basis. 

16 ‘‘(b) REIMBURSEMENT RATE.—The Secretary of De17 fense may prescribe the reimbursement rate for purposes 

18 of subsection (a). That reimbursement rate may not ex19 ceed the equivalent Government costs of providing a cel20 lular telephone to employees on official Government busi21 ness.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of subchapter II of such chapter is 

24 amended by inserting after the item relating to section 

25 2257 the following new item: 
214 

S 2229 IS 

‘‘2258. Personal cellular telephones: reimbursement when used for Government 

business.’’. 

1 SEC. 1006. PURCHASE OF PROMOTIONAL ITEMS OF NOMI2 NAL VALUE FOR RECRUITMENT PURPOSES. 

3 (a) IN GENERAL.—Chapter 81 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 1599e. Authority to purchase items of nominal 

7 value for recruitment purposes 

8 ‘‘The Secretary of Defense may purchase promotional 

9 items of nominal value for use in the recruitment of indi10 viduals for employment under this chapter. The Secretary 

11 shall prescribe guidelines for the administration of the pre12 ceding sentence.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for such chapter is amended by adding at the end the fol15 lowing new item: 

‘‘1599e. Authority to purchase items of nominal value for recruitment purposes.’’. 

16 SEC. 1007. MICROCLAIM WAIVER AUTHORITY. 

17 (a) IN GENERAL.—Chapter 131 of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new section: 

20 ‘‘§ 2229. General Waiver Authority 

21 ‘‘(a) Pursuant to regulations published by the Sec22 retary of Defense, the Secretary or his designees may 

23 waive indebtedness owed to United States Government 
215 

S 2229 IS 

1 and arising out of the activities of, or referred to, the De2 partment of Defense, and not referred to another execu3 tive or legislative agency for further collection action, 

4 when, based on a cost benefit analysis, the costs of collec5 tion are expected to exceed the amounts recoverable. 

6 ‘‘(b) The authority pursuant to this section may be 

7 delegated to the lowest level to ensure costs of processing 

8 waivers do not exceed costs of processing collections. Exer9 cise of this waiver authority for amounts in excess of the 

10 micropurchase threshold amount is not authorized. 

11 ‘‘(c) Waivers under subsection (a) may be applied to 

12 indebtedness owed by military and civilian personnel, fees 

13 for jury duty, or similar items where application of the 

14 waiver authority would be more economical to the Govern15 ment than processing the action to completion. Application 

16 of the waiver to any transaction is at the sole discretion 

17 of the Secretary or designee and may not be reviewed in 

18 a court of law. 

19 ‘‘(d) Nothing in this section requires the exercise of 

20 the waiver authority and no rights are conferred hereby 

21 on any third party.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by adding 

24 at the end the following new item: 

‘‘2229. Microclaim waiver authority.’’. 
216 

S 2229 IS 

1 Subtitle B—Naval Vessels and 

2 Shipyards 

3 SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERV4 ICE CRAFT AND BOATS. 

5 (a) IN GENERAL.—Subsection (d) of section 7305 of 

6 title 10, United States Code, is amended to read as fol7 lows: 

8 ‘‘(d) EXCHANGE OR SALE OF SIMILAR ITEMS.—(1) 

9 Notwithstanding any other provision of law, the Secretary 

10 and his designees, in acquiring similar personal property 

11 pursuant to section 503 of title 40, may, under regulations 

12 to be prescribed by the Secretary— 

13 ‘‘(A) exchange or sell obsolete Navy service 

14 craft and boats, and 

15 ‘‘(B) retain from the proceeds of the sale of 

16 such personal property amounts necessary to re17 cover, to the extent practicable, the full costs, direct 

18 and indirect, incurred by the Navy in preparing such 

19 property for exchange or sale, including the costs for 

20 towing, storage, defueling, removal and disposal of 

21 hazardous wastes, environmental surveys to deter22 mine the presence of regulated polychlorinated 

23 biphenyl (PCB) containing materials, and if found, 

24 the removal and disposal of regulated PCB-con25 taining materials, and other related costs. 
217 

S 2229 IS 

1 ‘‘The Secretary or his designees may use such retained 

2 proceeds in whole or in part payment for the preparation 

3 of additional obsolete Navy service craft and boats for fu4 ture sale or exchange under this authority. 

5 ‘‘(2) Such amounts shall be deposited into an account 

6 that shall be available for such costs without regard to 

7 fiscal year limitations. Amounts that are not needed to 

8 pay such costs shall be transferred at least annually to 

9 the general fund or to a specific account in the Treasury 

10 as otherwise authorized by law. 

11 ‘‘(3) Section 3709 of the Revised Statutes does not 

12 apply to sales of property pursuant to this subsection.’’. 

13 SEC. 1012. AWARD CONTRACTS FOR SHIP DISMANTLING ON 

14 NET COST BASIS. 

15 (a) IN GENERAL.—Chapter 633 of title 10, United 

16 States Code, is amended by inserting after section 7305 

17 the following new section: 

18 ‘‘§ 7305a. Contracts for ship dismantling awarded on 

19 net cost basis 

20 ‘‘(a) AUTHORIZATION.—Notwithstanding any other 

21 provision of law, the Secretary of the Navy may award 

22 on a net cost basis contracts for the dismantling of ships 

23 stricken from the Naval Vessel Register. In exercising au24 thority under this section, the Secretary shall to the max25 imum extent practicable use the competitive procedure or 
218 

S 2229 IS 

1 combination of competitive procedures that is best suited 

2 under the circumstances of the procurement. 

3 ‘‘(b) RETENTION OF PROCEEDS.—When the Sec4 retary of the Navy awards a ship dismantling contract on 

5 a net cost basis, the contractor may retain the proceeds 

6 from the sale of scrap and reusable items from the vessel 

7 being dismantled. 

8 ‘‘(c) DEFINITIONS.—For purposes of this section: 

9 ‘‘(1) The term ‘scrap’ means personal property 

10 that has no value except for its basic material con11 tent. 

12 ‘‘(2) The term ‘net cost basis’ means the dif13 ferential between the gross cost of performance of 

14 the contract less the offeror’s estimate of the value 

15 under the contract of scrap and reusable items that 

16 the contractor will remove from the vessel during 

17 performance of the contract. 

18 ‘‘(3) The term ‘reusable items’ means any de19 militarized components or removable portions of the 

20 ship or equipment that the Navy has identified as 

21 excess to its needs but which have potential resale 

22 value on the open market.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of such chapter is amended by inserting 
219 

S 2229 IS 

1 after the item relating to section 7305 the following new 

2 item: 

‘‘7305a. Contracts for ship dismantling awarded on net cost basis.’’. 

3 Subtitle C—Counter-Drug 

4 Activities 

5 SEC. 1021. USE OF TWO-YEAR EXTENSION OF COUNTER6 DRUG FUNDS FOR COUNTERTERRORISM IN 

7 COLOMBIA. 

8 (a) AUTHORITY.—In fiscal years 2005 and 2006, the 

9 Secretary of Defense may use funds available for drug 

10 interdiction and counterdrug activities to provide assist11 ance to the Government of Colombia to support a unified 

12 campaign against narcotics trafficking and activities by 

13 organizations designated as terrorist organizations, such 

14 as the Revolutionary Armed Forces of Colombia (FARC), 

15 the National Liberation Army (ELN), and the United 

16 Self-Defense Forces of Colombia (AUC). This includes au17 thority to take actions to protect human health and wel18 fare in emergency circumstances, including rescue oper19 ations for any United States citizen, to include United 

20 States armed forces personnel, United States civilian em21 ployees, and civilian contractors employed by the United 

22 States. 

23 (b) RELATIONSHIP TO EXISTING AUTHORITY.—The 

24 authority in this section is in addition to authorities cur25 rently available to provide assistance to Colombia. 
220 

S 2229 IS 

1 Subtitle D—Other Department of 

2 Defense Provisions 

3 SEC. 1031. CONTROL AND SUPERVISION OF TRANSPOR4 TATION WITHIN THE DEPARTMENT OF DE5 FENSE. 

6 (a) IN GENERAL.—Title 10, United States Code, is 

7 amended as follows: 

8 (1) Section 4744 is amended— 

9 (A) by redesignating section 4744 as sec10 tion 2648; 

11 (B) in the first sentence, by striking ‘‘the 

12 Army’’ and inserting ‘‘Defense’’; and 

13 (C) in the first paragraph, by striking 

14 ‘‘Army transport agencies or, within bulk space 

15 allocations made to the Department of the 

16 Army, on vessels operated by any military 

17 transport agency of’’. 

18 (2) Section 4745 is amended— 

19 (A) by redesignating section 4745 as sec20 tion 2649; 

21 (B) in paragraph (a)— 

22 (i) by striking ‘‘(1) on vessels oper23 ated by Army transport agencies, or (2) 

24 within bulk space allocations made to the 

25 Department of the Army’’; 
221 

S 2229 IS 

1 (ii) by striking ‘‘any transport agency 

2 of’’; and 

3 (C) by striking ‘‘the Army and the Sec4 retary of Transportation’’ and inserting ‘‘De5 fense’’. 

6 (3) Section 4747 is amended— 

7 (A) by redesignating section 4747 as sec8 tion 2650; 

9 (B) by striking ‘‘Army transport agencies 

10 or, within bulk space allocations made to the 

11 Department of the Army, on vessels operated 

12 by any transport agency of’’; and 

13 (C) by striking ‘‘the Army’’ and inserting 

14 ‘‘Defense’’. 

15 (4) Section 4741 is repealed. 

16 (5) Section 4743 is repealed. 

17 (6) Section 4746 is repealed. 

18 (7) Section 9741 is repealed. 

19 (8) Section 9743 is repealed. 

20 (9) Section 9746 of title 10, United States 

21 Code, is amended— 

22 (A) by redesignating section 9746 as sec23 tion 2651; 

24 (B) by inserting ‘‘vessels or’’ after ‘‘trans25 ported on’’; 
222 

S 2229 IS 

1 (C) by striking ‘‘Air Force transport agen2 cies or, within bulk space allocations made by 

3 the Department of the Air Force, on vessels or 

4 airplanes operated by any military transport 

5 agency of’’; 

6 (D) in paragraph (1), by striking ‘‘the Air 

7 Force’’ and inserting ‘‘Defense’’; and 

8 (E) in paragraph (4)— 

9 (i) by striking subparagraph (A); and 

10 (ii) by redesignating subparagraph 

11 (B) as subparagraph (A). 

12 (b) CLERICAL AMENDMENTS.— 

13 (1)(A) The table of sections at the beginning of 

14 chapter 447 of such title is amended by striking the 

15 item relating to section 4744. 

16 (B) The table of sections at the beginning of 

17 chapter 157 of such title is amended by adding at 

18 the end the following new item: 

‘‘2647. Persons and supplies: sea transportation.’’. 

19 (2)(A) The table of sections at the beginning of 

20 chapter 447 of such title is amended by striking the 

21 item relating to section 4745. 

22 (B) The table of sections at the beginning of 

23 chapter 157 of such title is amended by adding at 

24 the end the following new item: 
223 

S 2229 IS 

‘‘2648. Civilian passengers and commercial cargoes: transports in trans-Atlantic 

service.’’. 

1 (3)(A) The table of sections at the beginning of 

2 chapter 447 of such title is amended by striking the 

3 item relating to section 4747. 

4 (B) The table of sections at the beginning of 

5 chapter 157 of such title is amended by adding at 

6 the end the following new item: 

‘‘2648. Passengers and merchandise to Guam: sea transport.’’. 

7 (4) The table of sections at the beginning of 

8 chapter 447 of such title is amended by striking the 

9 item relating to section 4741. 

10 (5) The table of sections at the beginning of 

11 chapter 447 of such title is amended by striking the 

12 item relating to section 4743. 

13 (6) The table of sections at the beginning of 

14 chapter 447 of such title is amended by striking the 

15 item relating to section 4746. 

16 (7) The table of sections at the beginning of 

17 chapter 947 of such title is amended by striking the 

18 item relating to section 9741. 

19 (8)(A) The table of sections at the beginning of 

20 chapter 447 of such title is amended by striking the 

21 item pertaining to section 4746; and 
224 

S 2229 IS 

1 (B) The table of sections at the beginning of 

2 chapter 157 of such title is amended by adding at 

3 the end the following new item: 

‘‘2651. Civilian personnel in Alaska.’’. 

4 Subtitle E—Other Matters 

5 SEC. 1041. REPEAL OF PROHIBITION ON CONTRACTS FOR 

6 PERFORMANCE OF SECURITY-GUARD FUNC7 TIONS. 

8 Section 2465 of title 10, United States Code, is 

9 amended— 

10 (1) by striking ‘‘or security-guard’’ in the 

11 section heading; and 

12 (2) in subsection (a), by striking ‘‘or security 

13 guard’’. 

14 SEC. 1042. ESTABLISHMENT OF AUXILIARIES WITHIN THE 

15 MILITARY DEPARTMENTS. 

16 (a) IN GENERAL.—Part IV of subtitle A of title 10, 

17 United States Code, is amended by inserting after chapter 

18 172 the following new chapter: 

19 ‘‘CHAPTER 173—AUXILIARIES 

‘‘Sec. 

‘‘2921. Administration of auxiliaries. 

‘‘2922. Purpose of an auxiliary. 

‘‘2923. Eligibility, enrollments. 

‘‘2924. Members of the auxiliary; status. 

‘‘2925. Disenrollment. 

‘‘2926. Membership in other organizations. 

‘‘2927. Use of member’s equipment and facilities. 

‘‘2928. Availability of appropriations. 

‘‘2929. Assignment and performance of duties. 

‘‘2930. Injury or death in line of duty. 

‘‘2931. Limitation on liability. 
225 

S 2229 IS 

1 ‘‘§ 2921. Administration of auxiliaries 

2 ‘‘(a) An auxiliary of a military department is a non3 military organization administered by the Secretary con4 cerned. For command, control, and administrative pur5 poses, the auxiliary shall include such organizational ele6 ments and units as are approved by the Secretary, which 

7 may include a national board and staff (to be known as 

8 the ‘auxiliary headquarters unit’), districts, regions, divi9 sions, and other organizational elements and units. The 

10 auxiliary organization and its officers shall have such 

11 rights, privileges, powers, and duties as may be granted 

12 to them by the Secretary, consistent with this title and 

13 other applicable provisions of law. The Secretary may des14 ignate the authority and responsibilities of the officers of 

15 the auxiliary that the Secretary considers necessary or ap16 propriate for the functioning, organization, and internal 

17 administration of the auxiliary. 

18 ‘‘(b) The national board of an auxiliary, and any aux19 iliary district or region, may form a corporation under 

20 State law in accordance with policies established by the 

21 Secretary. 

22 ‘‘§ 2922. Purpose of an auxiliary 

23 ‘‘The purpose of an auxiliary is to assist the military 

24 department under which it is established, as authorized 

25 by the Secretary concerned, in performing any non-combat 
226 

S 2229 IS 

1 function, power, duty, role, mission, or operation author2 ized by law for that military department. 

3 ‘‘§ 2923. Eligibility, enrollments 

4 ‘‘An auxiliary shall be composed of citizens of the 

5 United States, who by reason of their special training or 

6 experience are deemed by the Secretary concerned to be 

7 qualified for duties and functions of the auxiliary, and who 

8 may be enrolled therein pursuant to regulations estab9 lished by the Secretary. 

10 ‘‘§ 2924. Members of the auxiliary; status 

11 ‘‘(a) Except as otherwise provided in this chapter, a 

12 member of an auxiliary shall not be considered a Federal 

13 employee. 

14 ‘‘(b) A member of an auxiliary, while performing 

15 duty, shall be considered to be a Federal employee for the 

16 purposes of the provisions of law relating to— 

17 ‘‘(1) ethics, conflicts of interest, corruption, and 

18 any other criminal or civil statutes and regulations 

19 governing the conduct of Federal employees; 

20 ‘‘(2) compensation for work injuries under 

21 chapter 81 of title 5; and 

22 ‘‘(3) resolution of claims relating to damage to 

23 or loss of personal property of the member incident 

24 to service under section 3721 of title 31. 
227 

S 2229 IS 

1 ‘‘(c) A member of the auxiliary, while assigned to 

2 duty, shall be deemed to be a person acting under an offi3 cer of the United States or an agency thereof for purposes 

4 of section 1442(a)(1) of title 28. 

5 ‘‘(d) A member of the auxiliary, while assigned to 

6 duty, shall be deemed to be a member of a uniformed serv7 ice for purposes of sections 2928 and 2930 of this title. 

8 ‘‘§ 2925. Disenrollment 

9 ‘‘Members of an auxiliary may be disenrolled pursu10 ant to applicable regulations established by the Secretary 

11 concerned. 

12 ‘‘§ 2926. Membership in other organizations 

13 ‘‘Members of an auxiliary may be appointed or en14 listed in a Reserve component, pursuant to applicable reg15 ulations. Membership in the auxiliary shall not bar mem16 bership in any other naval or military organization. 

17 ‘‘§ 2927. Use of member’s equipment and facilities 

18 ‘‘At no cost to the government, the Secretary con19 cerned may utilize for any purpose incident to carrying 

20 out his department’s functions and duties, equipment or 

21 facilities placed at his department’s disposition for any 

22 such purpose by any member of the auxiliary while per23 forming duties or missions assigned by the Secretary. 
228 

S 2229 IS 

1 ‘‘§ 2928. Availability of appropriations 

2 ‘‘Appropriations authorized for operation and mainte3 nance of a military department may be used to pay actual 

4 necessary traveling expenses and subsistence, or commuta5 tion of ration allowance in lieu of subsistence, of members 

6 of the auxiliary assigned to authorized duties, but shall 

7 not be available for the payment of compensation for per8 sonal services, incident to such operation, other than to 

9 personnel of the military department. 

10 ‘‘§ 2929. Assignment and performance of duties 

11 ‘‘No member of an auxiliary, solely by reason of such 

12 membership, shall be vested with, or exercise, any right, 

13 privilege, power, or duty vested in or imposed upon the 

14 personnel of the military department concerned, except 

15 that any such member may, under applicable regulations, 

16 be assigned duties which, after appropriate training and 

17 examination, he has been found competent to perform, to 

18 effectuate the purposes of the auxiliary. No member of the 

19 auxiliary shall be placed in charge of an activity or organi20 zation assigned to the military department unless he has 

21 been designated specifically by authority of the Secretary 

22 concerned to perform such duty. Members of the auxiliary, 

23 when assigned to duties as herein authorized, shall, unless 

24 otherwise limited by the Secretary concerned, be vested 

25 with the same power and authority in the execution of 

26 such duties as members of the regular or Reserve compo-
229 

S 2229 IS 

1 nents of that military department assigned to similar duty. 

2 When any member of the auxiliary is assigned to such 

3 duty, he may, pursuant to regulations issued by the Sec4 retary, be paid actual necessary traveling expenses, includ5 ing a per diem allowance in conformity with standardized 

6 Government travel regulations in lieu of subsistence, while 

7 traveling and while on duty away from his home. No per 

8 diem shall be paid for any period during which quarters 

9 and subsistence in kind are furnished by the Government. 

10 No member of an auxiliary, while performing auxiliary 

11 duty, shall exercise command. 

12 ‘‘§ 2930. Injury or death in line of duty 

13 ‘‘(a) If a member of an auxiliary is physically injured, 

14 or dies as a result of physical injury, and the injury is 

15 incurred while performing any duty to which he has been 

16 assigned pursuant to this chapter, the law authorizing 

17 compensation for employees of the United States suffering 

18 injuries while in the performance of their duties, applies, 

19 subject to this section. That law shall be administered by 

20 the Secretary of Labor to the same extent as if the mem21 ber was a civil employee of the United States and was 

22 injured in the performance of that duty. For benefit com23 putation, regardless of pay or pay status, the member is 

24 considered to have had monthly pay of the monthly equiva25 lent of the minimum rate of basic pay in effect for grade 
230 

S 2229 IS 

1 GS–9 of the General Schedule on the date the injury is 

2 incurred. 

3 ‘‘(b) This section does not apply if a worker’s com4 pensation law provides coverage because of a concurrent 

5 employment status of the member. When the member or 

6 a dependent is entitled to a benefit under this section and 

7 also to a concurrent benefit from the United States on 

8 account of the same disability or death, the member or 

9 dependent, as appropriate, shall elect which benefit to re10 ceive. 

11 ‘‘(c) If a claim is filed under this section with the 

12 Secretary of Labor for benefits because of an alleged in13 jury or death, the Secretary of Labor shall notify the Sec14 retary concerned who shall direct an investigation into the 

15 facts surrounding the alleged injury or death. The Sec16 retary then shall certify to the Secretary of Labor whether 

17 or not the injured or deceased person was a member of 

18 an auxiliary, the person’s military status, and whether or 

19 not the injury or death was incurred incident to military 

20 service. 

21 ‘‘(d) A member of an auxiliary who incurs a physical 

22 disability or contracts sickness or disease while performing 

23 a duty to which the member has been assigned pursuant 

24 to this chapter is entitled to the same hospital treatment 
231 

S 2229 IS 

1 afforded a member of the Reserves of the armed forces 

2 while serving on active duty. 

3 ‘‘(e) In administering section 8133 of title 5, for a 

4 person covered by this section— 

5 ‘‘(1) the percentages applicable to payments 

6 under that section are— 

7 ‘‘(A) 45 percent under subsection (a)(2) of 

8 that section, where the member died fully or 

9 currently insured under title II of the Social Se10 curity Act (42 U.S.C. 401 et seq.), with no ad11 ditional payments for a child or children so long 

12 as the widow or widower remains eligible for 

13 payments under that subsection; 

14 ‘‘(B) 20 percent under subsection (a)(3) of 

15 that section, for one child, and 10 percent addi16 tional for each additional child, not to exceed a 

17 total of 75 percent, where the member died 

18 fully or currently insured under title II of the 

19 Social Security Act; and 

20 ‘‘(C) 25 percent under subsection (a)(4) of 

21 that section, if one parent was wholly dependent 

22 for support upon the deceased member at the 

23 time of the member’s death and the other was 

24 not dependent to any extent; 16 percent to each 

25 if both were wholly dependent; and if one was, 
232 

S 2229 IS 

1 or both were, partly dependent, a proportionate 

2 amount in the discretion of the Secretary of 

3 Labor; 

4 ‘‘(2) payments may not be made under sub5 section (a)(5) of that section; and 

6 ‘‘(3) the Secretary of Labor shall inform the 

7 Commissioner of Social Security whenever a claim is 

8 filed and eligibility for compensation is established 

9 under section 8133(a)(2) and (3) of title 5. The 

10 Commissioner of Social Security then shall certify to 

11 the Secretary of Labor whether or not the member 

12 concerned was fully or currently insured under title 

13 II of the Social Security Act at the time of the mem14 ber’s death. 

15 ‘‘§ 2931. Limitation on liability 

16 ‘‘A member of an auxiliary, while assigned to duty, 

17 shall be deemed a volunteer of a nonprofit organization 

18 or governmental entity for purposes of chapter 139 of title 

19 42 (popularly known as the ‘Volunteer Protection Act’). 

20 Subsection (d) of section 4 of such Act (42 U.S.C. 

21 14503(d)) shall not apply for purposes of any claim 

22 against a member of an auxiliary.’’. 

23 (b) CLERICAL AMENDMENT.—The tables of chapters 

24 at the beginning of such subtitle and the beginning of part 
233 

S 2229 IS 

1 I of such subtitle are amended by inserting after the item 

2 relating to chapter 172 the following new item: 

‘‘173. Auxiliaries ................................................................................. 2921’’. 

3 SEC. 1043. NATIONAL DEFENSE HERITAGE FOUNDATION. 

4 (a) IN GENERAL.—Part IV of Subtitle A of title 10, 

5 United States Code is amended by adding at the end the 

6 following new chapter: 

7 ‘‘CHAPTER 173—NATIONAL DEFENSE HERITAGE 

8 FOUNDATION 

‘‘Sec. 

‘‘2905. Establishment and Purpose. 

‘‘2906. Composition and Operation. 

‘‘2907. Corporate Powers and Obligations. 

‘‘2908. Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States. 

‘‘2909. Liability of United States. 

‘‘2910. Promotion of local fundraising support. 

‘‘2911. Authorization of appropriations. 

9 ‘‘§ 2905. Establishment and purpose 

10 ‘‘(a) ESTABLISHMENT.—A National Defense Herit11 age Foundation is hereby established as a charitable and 

12 nonprofit corporation for the purposes specified in sub13 section (b), and shall be organized and operated as a char14 itable foundation under title 76, section 501(c)(3), United 

15 States Code. 

16 ‘‘(b) PURPOSES.—The Foundation shall encourage, 

17 accept, and administer private gifts of money and real and 

18 personal property or any income therefrom for the benefit 

19 of, or in connection with, the preservation, protection, and 
234 

S 2229 IS 

1 continued beneficial use of historic properties owned or 

2 controlled by the Department of Defense. 

3 ‘‘§ 2906. Composition and operation 

4 ‘‘(a) BOARD OF DIRECTORS.—The National Defense 

5 Heritage Foundation shall be governed by a Board of Di6 rectors hat shall consist of— 

7 ‘‘(1) the Secretary of Defense, ex officio; 

8 ‘‘(2) the Secretaries of the Military Depart9 ments, ex officio; 

10 ‘‘(3) the Director of the National Park Service, 

11 ex officio; 

12 ‘‘(4) five experts in the field of historic preser13 vation appointed by the Secretary of Defense from 

14 the disciplines of architecture, history, archeology, or 

15 other appropriate disciplines; 

16 ‘‘(5) three at-large members from the general 

17 public appointed by the Secretary of Defense; and 

18 ‘‘(6) the Chairman of the Advisory Council on 

19 Historic Preservation, ex officio. 

20 ‘‘(b) TERM OF APPOINTMENT.—The initial terms of 

21 the five historic preservation experts and the three at-large 

22 members shall be staggered to assure continuity of admin23 istration. Thereafter, the term shall be six years, unless 

24 a successor is chosen to fill a vacancy occurring prior to 

25 the expiration of the term for which his predecessor was 
235 

S 2229 IS 

1 chosen, in which event the successor shall be chosen only 

2 for the remainder of that term. 

3 ‘‘(c) CHAIRPERSON AND SECRETARY.—The Secretary 

4 of Defense shall be the Chairman of the Board and the 

5 Director of the National Park Service shall be the Sec6 retary of the Board. 

7 ‘‘(d) MEMBERSHIP AND OPERATION.—Except as to 

8 those Board members serving in their official capacities, 

9 service as a member of the Board shall not constitute em10 ployment by, or the holding of, an office of the United 

11 States for the purposes of any Federal law. A majority 

12 of the members of the Board serving at any one time shall 

13 constitute a quorum for the transaction of business, and 

14 the Foundation shall have an official seal, which shall be 

15 judicially noticed. The Board shall meet at the call of the 

16 Chairman and there shall be at least one meeting each 

17 year. 

18 ‘‘(e) COMPENSATION AND TRAVEL EXPENSES.—No 

19 compensation shall be paid to the members of the Board 

20 for their services as members, but they shall be reimbursed 

21 for actual and necessary traveling and subsistence ex22 penses incurred by them in the performance of their duties 

23 as such members out of National Defense Heritage Foun24 dation funds available to the Board for such purposes. 
236 

S 2229 IS 

1 ‘‘(f) VOLUNTEER STATUS.—The Secretary of De2 fense may accept, without regard to civil service classifica3 tion laws, rules, or regulations, the services of the Founda4 tion, the Board, and the officers and employees of the 

5 Board, without compensation from the Department of De6 fense, as volunteers in the performance of the functions 

7 authorized herein. 

8 ‘‘(g) EMPLOYEES.—An officer or employee of the 

9 Foundation— 

10 ‘‘(1) shall not by virtue of the appointment or 

11 employment of the office or employee, be considered 

12 a Federal employee for any purpose; and 

13 ‘‘(2) may not be paid by the Foundation a sal14 ary in excess of $134,000 per year. 

15 ‘‘§ 2907. Corporate powers and obligations 

16 ‘‘(a) GIFTS.—(1) The Foundation is authorized to ac17 cept, receive, solicit, hold, administer, and use any gifts, 

18 devises, or bequests, either absolutely or in trust, of real 

19 or personal property or any income therefrom or other in20 terest therein for the benefit of or in connection with, the 

21 preservation, protection, and continued beneficial use of 

22 historic properties owned or controlled by the Department 

23 of Defense; provided, that the Foundation may not accept 

24 any such gift, devise, or bequest that entails any expendi25 ture other than from the resources of the Foundation. 
237 

S 2229 IS 

1 ‘‘(2) An interest in real property includes, among 

2 other things, easements or other rights for preservation, 

3 conservation, protection, or enhancement of historic prop4 erties. 

5 ‘‘(3) A gift, device, or bequest may be accepted by 

6 the Foundation even though it is encumbered, restricted, 

7 or subject to beneficial interests of private persons if any 

8 current or future interest therein supports the purposes 

9 for which the Foundation has been established. 

10 ‘‘(b) PROPERTY AND INCOME DEALINGS AND TRANS11 ACTIONS.—(1) Except as otherwise required by the instru12 ment of transfer, the Foundation may sell, lease, invest, 

13 reinvest, retain, or otherwise dispose of or deal with any 

14 property or income thereof as the Board may from time 

15 to time determine. 

16 ‘‘(2) The Foundation shall not engage in any busi17 ness, nor shall the Foundation make any investment that 

18 may not lawfully be made by a trust company in the Dis19 trict of Columbia, except that the Foundation may make 

20 any investment authorized by the instrument of transfer, 

21 and may retain any property accepted by the Foundation. 

22 ‘‘(3) The Foundation may utilize the services and fa23 cilities of the Department of Defense, the Department of 

24 the Interior, and the Department of Justice, and such 

25 services and facilities may be made available on request 
238 

S 2229 IS 

1 to the extent practicable with or without reimbursement 

2 therefore. Monies reimbursed to any Department shall be 

3 returned by the Department to the account from which 

4 the funds for which the reimbursement is made were 

5 drawn and may, without further appropriation, be ex6 pended for any purpose for which such account is author7 ized. 

8 ‘‘(c) CORPORATE SUCCESSION; POWERS AND DUTIES

9 OF TRUSTEE; SUITS; PERSONAL LIABILITY FOR MALFEA10 SANCE.—The Foundation shall have perpetual succession, 

11 with all the usual powers and obligations of a corporation 

12 acting as a trustee, including the power to sue and to be 

13 sued in its own name, but the members of the Board shall 

14 not be personally liable, except for malfeasance. 

15 ‘‘(d) AUTHORITY FOR EXECUTION OF CONTRACTS, 

16 INSTRUMENTS, AND NECESSARY OR APPROPRIATE

17 ACTS.—The Foundation shall have the power to enter into 

18 contracts, to execute instruments, and generally to do any 

19 and all lawful acts necessary or appropriate to its pur20 poses. 

21 ‘‘(e) BYLAWS, RULES, AND REGULATIONS; CON22 TRACTS FOR SERVICES.—In carrying out the provisions 

23 of this subchapter, the Board may adopt bylaws, rules, 

24 and regulations necessary for the administration of its 

25 functions and contract for any necessary services. 
239 

S 2229 IS 

1 ‘‘§ 2908. Tax exemptions; contributions toward costs 

2 of local government; contributions, gifts, 

3 or transfers to or for use of United States 

4 ‘‘(a) TAX EXEMPTIONS.—The Foundation and any 

5 income or property received or owned by it, and all trans6 actions relating to such income or property, shall be ex7 empt from all Federal, State, and local taxation with re8 spect thereto. 

9 ‘‘(b) CONTRIBUTION TO COSTS OF LOCAL GOVERN10 MENT.—The Foundation may, however, in the discretion 

11 of its directors, contribute toward the costs of local gov12 ernment in amounts not in excess of those which it would 

13 be obligated to pay such government if it were not exempt 

14 from taxation by virtue of the foregoing or by virtue of 

15 its being a charitable and nonprofit corporation and may 

16 agree so to contribute with respect to property transferred 

17 to it and the income derived therefrom if such agreement 

18 is a condition of the transfer. 

19 ‘‘(c) TRANSFERS TO OR FOR USE OF UNITED

20 STATES.—Contributions, gifts, and other transfers made 

21 to or for the use of the Foundation shall be regarded as 

22 contributions, gifts, or transfers to or for the use of the 

23 United States. 

24 ‘‘§ 2909. Liability of United States 

25 ‘‘The United States shall not be liable for any debts, 

26 defaults, acts, or omissions of the Foundation. 
240 

S 2229 IS 

1 ‘‘§ 2910. Promotion of local fundraising support 

2 ‘‘(a) ESTABLISHMENT.—The Foundation shall design 

3 and implement a comprehensive program to assist and 

4 promote philanthropic programs of support at the indi5 vidual military installation level. 

6 ‘‘(b) IMPLEMENTATION.—The program under sub7 section (a) shall be implemented to— 

8 ‘‘(1) assist in the creation of local nonprofit 

9 support organizations; and 

10 ‘‘(2) provide support, national consistency, and 

11 management-improving suggestions for local non12 profit support organizations. 

13 ‘‘(c) PROGRAM.—The program under subsection (a) 

14 shall include the greatest number of military installations 

15 as is practicable. 

16 ‘‘(d) REQUIREMENTS.—The program under sub17 section (a) shall include, at a minimum— 

18 ‘‘(1) a standard adaptable organizational design 

19 format to establish and sustain responsible manage20 ment of a local nonprofit support organization for 

21 support of a military installation; 

22 ‘‘(2) standard and legally tenable bylaws and 

23 recommended money-handling procedures that can 

24 easily be adapted as applied to individual military in25 stallations; and 
241 

S 2229 IS 

1 ‘‘(3) a standard training curriculum to orient 

2 and expand the operating expertise of personnel em3 ployed by local nonprofit support organizations. 

4 ‘‘(e) ANNUAL REPORT.—The Foundation shall report 

5 the progress of the program under subsection (a) in the 

6 annual report of the Foundation. 

7 ‘‘(f) AFFILIATIONS.—(1) Nothing in this section re8 quires: 

9 ‘‘(A) a nonprofit support organization or 

10 friends group to modify current practices or to affil11 iate with the Foundation; or 

12 ‘‘(B) a local nonprofit support organization, es13 tablished as a result of this section, to be bound 

14 through its charter or corporate bylaws to be perma15 nently affiliated with the Foundation. 

16 ‘‘(2) An affiliation with the Foundation shall be es17 tablished only at the discretion of the governing board of 

18 a nonprofit organization. 

19 ‘‘§ 2911. Authorization of appropriations 

20 ‘‘(a) AUTHORIZATION.—There are authorized to be 

21 appropriated to the Department of Defense such sums as 

22 may be necessary to achieve the purposes of the Founda23 tion. 

24 ‘‘(b) USE OF AMOUNTS APPROPRIATED.—(1) Subject 

25 to paragraph (2), amounts appropriated under this section 
242 

S 2229 IS 

1 shall be made available to the Foundation for use for 

2 matching, in whole or in part, contributions (whether in 

3 currency, services, or property) made to the Foundation 

4 by private persons and State and local government agen5 cies. 

6 ‘‘(2) No Federal funds authorized under this section 

7 shall be used by the foundation for administrative ex8 penses of the Foundation, including salaries, travel and 

9 transportation expenses, and other overhead expenses. 

10 ‘‘(c) ADDITIONAL AUTHORIZATION.—The amounts 

11 authorized to be appropriated under this section are in 

12 addition to any amounts provided or available to the 

13 Foundation under any other Federal law.’’. 

14 (b) CLERICAL AMENDMENT.—The table of chapters 

15 of Part IV of Subtitle A of such title is amended by adding 

16 at the end the following new item: 

‘‘173. National Defense Heritage Foundation ......................................... 2905’’. 

17 SEC. 1044. USE OF MILITARY AIRCRAFT TO TRANSPORT 

18 MAIL TO AND FROM OVERSEAS LOCATIONS. 

19 Section 3401 of title 39, United States Code, is 

20 amended— 

21 (1) in subsection (b)— 

22 (A) by inserting ‘‘military owned, operated 

23 or chartered aircraft; or on’’ after ‘‘the Virgin 

24 Islands, on’’; and 
243 

S 2229 IS 

1 (B) by inserting ‘‘military owned, char2 tered or operated aircraft or’’ after ‘‘Whenever 

3 adequate service by’’; and 

4 (2) in subsection (c), by inserting ‘‘by military 

5 owned, chartered or operated aircraft or’’ after 

6 ‘‘shall be transported’’. 

7 SEC. 1045. USE OF THE NATIONAL DRIVER REGISTER FOR 

8 PERSONNEL SECURITY INVESTIGATIONS AND 

9 DETERMINATIONS. 

10 (a) IN GENERAL.—Chapter 303 of title 49, United 

11 States Code, is amended by inserting after section 30305 

12 the following new section: 

13 ‘‘§ 30305a. National driver register information for 

14 use in personnel security investigations 

15 and determinations and personnel inves16 tigations with regard to Federal employ17 ment security checks for Federal employ18 ment 

19 ‘‘An individual who has or who seeks access to na20 tional security information for purposes of Executive 

21 Order 12968, or successor Executive orders, or an indi22 vidual who is being investigated for Federal employment 

23 under authority of Executive Order 10450, or successor 

24 Executive orders, may request that the chief driver licens25 ing official of a State provide information about the indi-
244 

S 2229 IS 

1 vidual pursuant to section 30305(a) of this title to a Fed2 eral department or agency that is authorized to investigate 

3 the individual for the purpose of assisting in the deter4 mination of the eligibility of the individual for access to 

5 national security information or for Federal employment. 

6 The Federal Department or agency that receives such in7 formation may use it in accordance with applicable law.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 for such chapter 303 of title 49 is amended by inserting 

10 after the item relating to section 30305 the following new 

11 item: 

‘‘30305a. National driver register information for use in personnel security investigations and determinations and personnel investigations 

with regard to Federal employment security checks for Federal 

employment.’’. 

12 SEC. 1046. CONFORMING AMENDMENTS TO GENERAL DEFI13 NITIONS. 

14 (a) IN GENERAL.—Section 101(e)(3) of title 10, 

15 United States Code, is amended by striking ‘‘Secretary of 

16 Defense’’ and inserting ‘‘Secretary concerned’’. 

17 (b) CONFORMING AMENDMENTS TO DEFINITION OF

18 CONGRESSIONAL DEFENSE COMMITTEES.—Title 10 is 

19 further amended as follows: 

20 (1) Sections 2676(d), 2694a(e), 2803(b), 

21 2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 2807(c), 

22 2808(b), 2809(f)(1), 2811(d), 2812(c)(1)(A), 

23 2813(c), 2814(a)(2)(A), 2814(g)(1), 2825(b)(1), 
245 

S 2229 IS 

1 2827(b), 2828(f), 2835(g), 2836(f), 2837(c)(2), 

2 2853(c)(2), 2854(b), 2854a(c)(1), 2865(e)(2), 

3 2866(c)(2), 2875(e), 2881a(d)(2), 2881a(e), 

4 2883(f), and 2884(a), are amended by striking ‘‘ap5 propriate committees of Congress’’ in each place it 

6 appears and inserting ‘‘congressional defense com7 mittees’’. 

8 (2)(A) Subsection (c) of section 2801 is amend9 ed by striking paragraph (4) and inserting the fol10 lowing new paragraph (4): 

11 ‘‘(4) The term ‘congressional defense commit12 tees’ includes, with respect to any project to be car13 ried out by, or for the use of, an intelligence compo14 nent of the Department of Defense, the Permanent 

15 Select Committee on Intelligence of the House of 

16 Representatives and the Select Committee on Intel17 ligence of the Senate.’’; 

18 (B) Section 2694a is amended by striking sub19 section (i) and inserting the following new subsection 

20 (i): 

21 ‘‘(i) DEFINITION OF STATE.—The term ‘State’ in22 cludes the District of Columbia, the Commonwealth of 

23 Puerto Rico, the Commonwealth of the Northern Mariana 

24 Islands, and the Territories.’’. 
246 

S 2229 IS 

1 (c) CONFORMING AMENDMENTS TO DEFINITION OF

2 BASE CLOSURE LAWS.—(1) Section 2871 of such title is 

3 amended by redesignating paragraphs (3) through (8) as 

4 paragraphs (2) through (7), respectively. 

5 (2) Section 3341(c) of title 5, United States Code, 

6 is amended by striking paragraph (1) and inserting the 

7 following new paragraph (1): 

8 ‘‘(1) the term ‘base closure law’ has the meaning 

9 given such term in section 101(a)(17) of title 10.’’. 

10 (3) Title 40, United States Code, is amended— 

11 (A) in section 554(a), by striking paragraph (1) 

12 and inserting the following new paragraph (1): 

13 ‘‘(1) BASE CLOSURE LAW.—The term ‘base closure 

14 law’ has the meaning given such term in section 

15 101(a)(17) of title 10.’’; and 

16 (B) in section 572(b), by striking subparagraph (B) 

17 of paragraph (1) and inserting the following new subpara18 graph (B): 

19 ‘‘(B) BASE CLOSURE LAW.—The term ‘base closure 

20 law’ has the meaning given such term in section 

21 101(a)(17) of title 10.’’; 

22 (4) Section 120(h)(4)(E) of the Comprehensive Envi23 ronmental Response, Compensation, and Liability Act of 

24 1980 (Public Law 96–510; 42 U.S.C. 9620(h)) is amend-
247 

S 2229 IS 

1 ed by striking clause (ii) and inserting the following new 

2 clause (ii): 

3 ‘‘(ii) For purposes of this paragraph, the term ‘base 

4 closure law’ has the meaning given such term in 10 U.S.C. 

5 101(a)(17).’’. 

6 (5) Section 1333(i) of the National Defense Author7 ization Act for Fiscal Year 1994 (Public Law 103–160; 

8 107 Stat. 1800), is amended by striking paragraph (1) 

9 and inserting the following new paragraph (1): 

10 ‘‘(1) The term ‘base closure law’ has the meaning 

11 given such term in 10 U.S.C. 101(a)(17).’’. 

12 (6) Section 2814 of the National Defense Authoriza13 tion Act for Fiscal Year 1995 (Public Law 103–337, 108 

14 Stat. 3056), is amended by striking subsection (b) and 

15 inserting the following new subsection (b): 

16 ‘‘(b) BASE CLOSURE LAW DEFINED.—The term 

17 ‘base closure law’ has the meaning given such term in 10 

18 U.S.C. 101(a)(17).’’. 

19 (7) Section 1(c) of An Act to Amend the Organic Act 

20 of Guam, and for other purposes (Public Law 106–504; 

21 114 Stat. 2309), is amended by striking paragraph (2) 

22 and inserting the following new paragraph (2): 

23 ‘‘(2) The term ‘base closure law’ has the meaning 

24 given such term in 10 U.S.C. 101(a)(17).’’. 
248 

S 2229 IS 

1 SEC. 1047. USE OF DEPARTMENT OF DEFENSE FITNESS FA2 CILITIES BY CONTRACT WORKERS. 

3 (a) IN GENERAL.—The Secretary of Defense may au4 thorize employees of Department of Defense contractors 

5 to use Department of Defense-owned, Department of De6 fense-operated fitness facilities if the Secretary determines 

7 that such use is in the best interest of the Department 

8 of Defense and causes no more than a de minimis increase 

9 in the cost of operation of such facilities. Active duty and 

10 Government civilian personnel will be granted top priority 

11 status for use of such facilities where availability is lim12 ited. 

13 (b) LIABILITY WAIVER.—In order to use such facili14 ties, the contractor and the employee must agree to waive 

15 any claims of liability against the Government, and to its 

16 officers, employees, and agents arising from such use. 

17 TITLE XI—DEPARTMENT OF 

18 DEFENSE CIVILIAN PERSONNEL 

19 SEC. 1101. PRIORITY PLACEMENT OF DISPLACED CIVILIAN 

20 EMPLOYEES. 

21 (a) IN GENERAL.—Chapter 81 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 

24 ‘‘§ 1599e. Defense priority placement program 

25 ‘‘(a) PRIORITY PLACEMENT.—The Secretary of De26 fense, at his sole and exclusive discretion and notwith-
249 

S 2229 IS 

1 standing the provisions of title 5, may establish one or 

2 more programs to promote stability of employment for De3 partment of Defense civilian employees affected by chang4 ing mission requirements, streamlining efforts, overseas 

5 rotations (including rotations undertaken pursuant to sec6 tion 1586 of this title), preferences established by law, and 

7 other such actions as the Secretary shall determine, by 

8 providing such employees priority consideration, as de9 fined by the Secretary, for placement in other positions 

10 within the Department of Defense. 

11 ‘‘(b) CONSTRUCTION.—The content of any program 

12 developed under subsection (a), and any personnel action 

13 undertaken pursuant to such program, shall not be review14 able outside the Department of Defense except to the ex15 tent that may be required by the United States Constitu16 tion.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is amended by inserting 

19 at the end the following new item: 

‘‘1599e. Defense priority placement program.’’. 

20 SEC. 1102. EMPLOYMENT PREFERENCE FOR SPOUSES OF 

21 CIVILIAN EMPLOYEES. 

22 Section 1784 of title 10, United States Code, is 

23 amended by adding at the end the following new sub24 sections: 
250 

S 2229 IS 

1 ‘‘(h) INCLUSION OF SPOUSES OF CERTAIN DOD CI2 VILIAN EMPLOYEES.—For the purposes of this section, 

3 the spouse of a civilian employee of the Department of 

4 Defense who has been reassigned and relocated pursuant 

5 to a mandatory mobility agreement executed as a condi6 tion of employment, or other mandatory mobility program 

7 shall be considered the spouse of a member of the armed 

8 forces. 

9 ‘‘(i) LIMITING OPERATION OF THE HIRING PREF10 ERENCE.—The hiring preference in this section shall 

11 apply to any Department of Defense civilian position other 

12 than positions that fall under chief of mission authority 

13 as set forth in section 3927 of title 22.’’. 

14 SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE PER15 SONNEL. 

16 Section 1602 of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (a), by striking ‘‘in relation to 

19 the rates of pay provided in subpart D of part III 

20 of title 5 for positions subject to that subpart which 

21 have corresponding levels of duties and responsibil22 ities’’ and inserting ‘‘in relation to the rates of pay 

23 provided for other comparable Department of De24 fense Senior Executive, Senior Level, and other posi25 tions’’; and 
251 

S 2229 IS 

1 (2) by striking subsection (b) and substituting 

2 the following new subsection (b): 

3 ‘‘(b) The Defense Intelligence Senior Executive Serv4 ice shall be subject to a performance appraisal system 

5 which, as designed and applied, is certified by the Sec6 retary of Defense as making meaningful distinctions based 

7 on relative performance and may be the same performance 

8 appraisal system established and implemented within the 

9 Department for members of the Senior Executive Serv10 ice.’’. 

11 SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN DOD 

12 NONAPPROPRIATED FUND INSTRUMENTAL13 ITIES. 

14 (a) IN GENERAL.—Chapter 81 of title 10, United 

15 States Code, is amended by adding at the end the fol16 lowing new section: 

17 ‘‘§ 1599e. Senior executive compensation for non18 appropriated fund instrumentalities 

19 ‘‘Notwithstanding any provisions of title 5, the Sec20 retary of Defense may regulate the amount of total com21 pensation, including the rate of basic pay, of senior execu22 tives employed by Department of Defense nonappropriated 

23 fund instrumentalities, to provide for parity with the total 

24 compensation, including basic pay, of Department of De-
252 

S 2229 IS 

1 fense employees in the Senior Executive Service and other 

2 similar senior executive positions.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 1589 the following new 

6 item: 

‘‘1599e. Senior Executive Compensation for Nonappropriated Fund Instrumentalities.’’. 

7 SEC. 1105. PROHIBIT UNAUTHORIZED WEARING, MANUFAC8 TURE, OR SALE OF CIVILIAN MEDALS OR 

9 DECORATIONS. 

10 Chapter 57 of title 10, United States Code, is amend11 ed by adding at the end the following new section: 

12 ‘‘§ 1134. Civilian medals or decorations of the Depart13 ment of Defense 

14 ‘‘(a) PROHIBITION.—Except with the written permis15 sion of the Secretary of Defense, no person may knowingly 

16 use, in connection with any merchandise, retail product, 

17 impersonation, solicitation, or commercial activity in a 

18 manner reasonably calculated to convey the impression 

19 that such use is approved, endorsed, or authorized by the 

20 Secretary, medals, decorations, or other insignia intended 

21 for recognition of Department of Defense civilian employ22 ees and other individuals who render service to the De23 partment of Defense. 
253 

S 2229 IS 

1 ‘‘(b) AUTHORITY TO ENJOIN VIOLATIONS.—When2 ever it appears to the Attorney General that any person 

3 is engaged or is about to engage in an act or practice 

4 which constitutes or will constitute conduct prohibited by 

5 subsection (a), the Attorney General may initiate a civil 

6 proceeding in a district court of the United States to en7 join such act or practice. Such court shall proceed as soon 

8 as practicable to the hearing and determination of such 

9 action and may, at any time before final determination, 

10 enter such restraining orders or prohibitions, or take such 

11 other actions as is warranted, including imposing a civil 

12 penalty not to exceed $25,000 for each violation, to pre13 vent injury to the United States or to any person or class 

14 of persons for whose protection the action is brought.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by adding 

17 at the end the following new item: 

‘‘1134. Civilian medals or decorations of the Department of Defense.’’. 
254 

S 2229 IS 

1 TITLE XII—MATTERS RELATING 

2 TO OTHER NATIONS 

3 Subtitle A—Matters Related to 

4 Arms Control and Monitoring 

5 SEC. 1201. HUMANITARIAN ASSISTANCE WITH RESPECT TO 

6 THE DETECTION AND CLEARANCE OF LAND7 MINES AND EXPLOSIVE REMNANTS OF WAR. 

8 Chapter 20 of title 10, United States Code, is amend9 ed— 

10 (1) in section 401— 

11 (A) in subsection (a), by striking para12 graph (4); 

13 (B) in subsection (c)— 

14 (i) by striking paragraphs (2) and (3); 

15 and 

16 (ii) by redesignating paragraph (4) as 

17 paragraph (2); and 

18 (C) in subsection (e), by striking para19 graph (5); 

20 (2) by adding the following new section at the 

21 end of such chapter: 
255 

S 2229 IS 

1 ‘‘§ 406. Humanitarian assistance with respect to the 

2 detection and clearance of landmines and 

3 explosive remnants of war 

4 ‘‘(a)(1) Under regulations prescribed by the Sec5 retary of Defense, United States armed forces may provide 

6 humanitarian assistance with the detection and clearance 

7 of landmines or explosive remnants of war in a foreign 

8 country, including activities relating to the furnishing of 

9 education, training, and technical assistance, if these ac10 tivities will promote: 

11 ‘‘(A) the security interests of both the United 

12 States and the country in which the activities are to 

13 be carried out; and 

14 ‘‘(B) the specific operational readiness skills of 

15 the members of the armed forces who participate in 

16 the activities. 

17 ‘‘(2) The Secretary of Defense shall ensure that no 

18 member of the armed forces, while providing assistance 

19 under this section: 

20 ‘‘(A) engages in the physical detection, lifting 

21 or destroying of landmines or explosive remnants of 

22 war (unless the member does so for the concurrent 

23 purpose of supporting a United States military oper24 ation): or 

25 ‘‘(B) provides such assistance as part of a mili26 tary operation that does not involve the armed forces 
256 

S 2229 IS 

1 ‘‘(b)(1) To the extent provided in defense authoriza2 tion Acts, funds authorized to be appropriated to the De3 partment of Defense for a fiscal year for humanitarian 

4 assistance shall be used for the purpose of providing as5 sistance under this section. 

6 ‘‘(2) Expenses covered include the following expenses 

7 incurred: 

8 ‘‘(A) Travel, transportation, and subsistence ex9 penses of Department of Defense personnel pro10 viding such assistance. 

11 ‘‘(B) The cost of any equipment, services, or 

12 supplies acquired for the purpose of carrying out or 

13 supporting activities under this section, including 

14 any nonlethal, individual or small-team landmine or 

15 explosive remnant of war clearing equipment or sup16 plies that are to be transferred or otherwise fur17 nished to a foreign country in furtherance of the 

18 provision of assistance under this section. 

19 ‘‘(C) The cost of equipment, services and sup20 plies provided in any fiscal year to a foreign country 

21 under paragraph (2)(B) may not exceed $5,000,000. 

22 ‘‘(c) Humanitarian assistance with respect to the de23 tection and clearance of landmines and remnants of war 

24 may not be provided under this section to any foreign 
257 

S 2229 IS 

1 country unless the Secretary of State specifically approves 

2 the provision of such assistance.’’; and 

3 (3) in the table of sections at the beginning of 

4 such chapter by adding at the end the following new 

5 item: 

‘‘406. Humanitarian assistance with respect to the detection and clearance of 

landmines and explosive remnants of war.’’. 

6 Subtitle B—Matters Related to Al7 lies and Friendly Foreign Na8 tions 

9 SEC. 1211. IMPROVING AIRSPACE CONTROL AND MANAGE10 MENT IN THE CAUCASUS AND CENTRAL ASIA. 

11 Notwithstanding any other provision of the law, of 

12 the funds available to the Department of Defense, subject 

13 to the concurrence of the Secretary of State, not more 

14 than $150 million in fiscal year 2005 may be made avail15 able for improving airspace control and management in 

16 key countries in the Caucasus and Central Asia (Georgia, 

17 Azerbaijan, Armenia, Turkmenistan, Uzbekistan, 

18 Kazakhstan, Kyrgyzstan, Tajikistan, and Afghanistan), 

19 thereby permitting a permissive and controlled air corridor 

20 from Europe through the Caucasus to Central Asia and 

21 Afghanistan. 
258 

S 2229 IS 

1 SEC. 1212. GEORGE C. MARSHALL EUROPEAN CENTER FOR 

2 SECURITY STUDIES. 

3 Section 1306(b)(1) of the National Defense Author4 ization Act for Fiscal Year 1995, (Public Law 103–337; 

5 108 Stat. 2892), as amended by section 1223 of the Na6 tional Defense Authorization Act for Fiscal Year 2004 

7 (Public Law 108–136; 117 Stat. 1392), is amended by 

8 striking ‘‘military officers and civilian officials from states 

9 located in Europe or the territory of the former Soviet 

10 Union’’ and inserting ‘‘foreign participants’’. 

11 Subtitle C—Other Matters 

12 SEC. 1221. REPEAL OF THE ANNUAL REPORTING REQUIRE13 MENT CONCERNING THE ACTIVITIES OF CHI14 NESE MILITARY COMPANIES OPERATING IN 

15 THE UNITED STATES. 

16 Section 1233 of the National Defense Authorization 

17 Act Fiscal Year 2001 (Public Law 106–398; 114 Stat. 

18 1645A–330), is repealed. 

19 SEC. 1222. REPEAL OF REPORTING REQUIREMENT CON20 CERNING SPECIAL OPERATIONS FORCES 

21 TRAINING WITH FRIENDLY FOREIGN FORCES. 

22 Section 2011 of title 10, United States Code, is 

23 amended by striking subsection (e). 
259 

S 2229 IS 

1 SEC. 1223. FOREIGN MILITARY AIDS ADVOCACY, AWARE2 NESS AND PREVENTION ACTIVITIES. 

3 Section 2561(a) of title 10, United States Code, is 

4 amended by inserting ‘‘, to conduct HIV/AIDS advocacy, 

5 awareness, and prevention activities with foreign militaries 

6 and international peacekeepers,’’ after ‘‘transportation of 

7 humanitarian relief’’. 

8 SEC. 1224. REPEAL OF THE AUTHORIZATION FOR THE ES9 TABLISHMENT OF THE CENTER FOR THE 

10 STUDY OF CHINESE MILITARY AFFAIRS. 

11 Section 914 of the National Defense Authorization 

12 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 

13 721), is repealed. 

14 SEC. 1225. USE OF DONATED PROPERTY FOR HUMANI15 TARIAN ASSISTANCE PURPOSES. 

16 Section 2608 of title 10, United States Code, is 

17 amended— 

18 (1) by redesignating subsections (e) through (k) 

19 as subsections (f) through (l), respectively; and 

20 (2) by inserting after subsection (d) the fol21 lowing new subsection (e): 

22 ‘‘(e) USE OF PROPERTY FOR HUMANITARIAN ASSIST23 ANCE PURPOSES.—Notwithstanding any other provision 

24 of law, any contribution of property received under this 

25 section may be donated by the Department of Defense to 

26 developing countries during an exercise, operation or simi-
260 

S 2229 IS 

1 lar activity. The Department of Defense may use its trans2 portation assets and funds to receive, process, manage, 

3 store, care for, transport and distribute this property, in4 cluding from the location the contribution is received to 

5 its eventual destination for donation.’’. 

6 SEC. 1226. ASSIGNMENT OF FOREIGN NAVY PERSONNEL TO 

7 SUBMARINE SAFETY RESEARCH AND DEVEL8 OPMENT PROGRAMS. 

9 Section 168 of title 10, United States Code, is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(h) AUTHORITY FOR ASSIGNMENT OF FOREIGN

13 NAVY OFFICERS AND ENLISTED MEMBERS TO SUB14 MARINE SAFETY RESEARCH AND DEVELOPMENT PRO15 GRAMS.—(1) In order to facilitate the development, stand16 ardization, and interoperability of submarine vessel safety 

17 and rescue systems and procedures, the Secretary of the 

18 Navy may conduct a program under which members of 

19 foreign navies are assigned to United States commands 

20 to work on such systems and procedures. 

21 ‘‘(2) The program authorized by this subsection is 

22 not an exchange program. Reciprocal assignments of 

23 members of the Navy to foreign navies are not required 

24 under this program. 
261 

S 2229 IS 

1 ‘‘(3)(A) Each government sending members to the 

2 United States under the program authorized by this sec3 tion shall pay the salary, per diem, cost of living, travel 

4 costs, cost of language or other training, and other costs 

5 for its own personnel in accordance with the laws and reg6 ulations of such government. 

7 ‘‘(B) Subparagraph (A) does not apply to the fol8 lowing costs: 

9 ‘‘(i) The cost of temporary duty directed by the 

10 United States Navy. 

11 ‘‘(ii) The cost of training programs conducted 

12 to familiarize, orient, or certify members of foreign 

13 naval personnel regarding unique aspects of their as14 signments. 

15 ‘‘(iii) Costs incident to the use of the facilities 

16 of the United States Navy in the performance of as17 signed duties. 

18 ‘‘(4) The requirements of this subsection shall apply 

19 in the exercise of any authority of the Secretary of the 

20 Navy to enter into an agreement with the government of 

21 a foreign country, subject to the concurrence of the Sec22 retary of State, to provide for the assignment of members 

23 of the navy of the foreign country to a United States Navy 

24 submarine safety program. The Secretary of the Navy 
262 

S 2229 IS 

1 may prescribe regulations for the application of this sub2 section in the exercise of such authority.’’. 

3 TITLE XIII—COOPERATIVE 

4 THREAT REDUCTION WITH 

5 STATES OF THE FORMER SO6 VIET UNION 

7 SEC. 1301. AUTHORITY TO WAIVE CONDITIONS LIMITING 

8 SUPPORT FOR CHEMICAL WEAPONS DE9 STRUCTION FACILITY IN RUSSIA. 

10 (a) APPLICABILITY OF FEDERAL LAW.—The condi11 tions described in section 1305 of the National Defense 

12 Authorization Act for Fiscal Year 2000 (Public Law 106– 

13 65; 22 U.S.C. 5952 note) shall not apply to the obligation 

14 and expenditure of funds available for obligation for the 

15 planning, design, or construction of a chemical weapons 

16 destruction facility in Russia if the President submits to 

17 Congress a written certification that includes— 

18 (1) a statement justifying and indicating that it 

19 is consistent with the interests of national security 

20 to waive the requirements; and 

21 (2) a plan to promote a full and accurate disclo22 sure by Russia regarding the size, content, status 

23 and location of its chemical weapons stockpile. 

24 (b) USE OF EXPENDED FUNDS.—Section 1305 of 

25 the National Defense Authorization Act for Fiscal Year 
263 

S 2229 IS 

1 2000 (Public Law 106–65; 22 U.S.C. 5952 note) is 

2 amended by striking ‘‘or expended’’. 

3 TITLE XIV—HOMELAND 

4 SECURITY 

5 SEC. 1401. REPEAL OF FUNDING RESTRICTIONS CON6 CERNING DEVELOPMENT OF MEDICAL COUN7 TERMEASURES AGAINST BIOLOGICAL WAR8 FARE THREATS. 

9 Section 2370a of title 10, United States Code, is re10 pealed. 

11 DIVISION B—MILITARY CON12 STRUCTION AUTHORIZA13 TIONS 

14 SECTION 2001. SHORT TITLE. 

15 This division may be cited as the ‘‘Military Construc16 tion Authorization Act for Fiscal Year 2005’’. 

17 TITLE XXI—ARMY 

18 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

19 ACQUISITION PROJECTS. 

20 (a) INSIDE THE UNITED STATES.—Using amounts 

21 appropriated pursuant to the authorization of appropria22 tions in section 2104(a)(1), the Secretary of the Army 

23 may acquire real property and carry out military construc24 tion projects for the installations or locations inside the 
264 

S 2229 IS 

1 United States, and in the amounts, set forth in the fol2 lowing table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ...................... Anniston Army Depot .................. 23,690,000 

Alaska .......................... Fort Richardson ........................... 24,300,000 

Fort Wainwright .......................... 92,459,000 

California ..................... Fort Irwin .................................... 38,100,000 

Colorado ...................... Fort Carson ................................. 47,108,000 

Georgia ........................ Fort Benning ............................... 71,777,000 

Fort Gillem .................................. 5,800,000 

Fort McPherson ........................... 4,900,000 

Fort Stewart/Hunter Army Air 

Field.

65,495,000 

Hawaii ......................... Helemano Military Reservation ... 75,300,000 

Hickam Air Force ........................ 11,200,000 

Pohakuloa Training Area ............ 30,000,000 

Schofield Barricks ........................ 187,792,000 

Wheeler Army Air Field .............. 24,000,000 

Kansas ......................... Fort Riley ..................................... 44,050,000 

Kentucky ..................... Fort Campbell .............................. 89,600,000 

Fort Knox .................................... 72,000,000 

Louisiana ..................... Fort Polk ..................................... 70,953,000 

Missouri ....................... Fort Leonard Wood ..................... 17,750,000 

New Mexico ................. White Sands Missile Range ......... 33,000,000 

New York .................... Fort Drum ................................... 4,950,000 

Fort Hamilton .............................. 7,600,000 

Military Entrance Processing Station, Buffalo.6,200,000 

United States Military Academy, 

West Point.

60,000,000 

North Carolina ............ Fort Bragg ................................... 101,687,000 

Oklahoma .................... Fort Sill ....................................... 14,400,000 

Texas ........................... Fort Bliss ..................................... 16,500,000 

Fort Hood .................................... 78,088,000 

Virginia ........................ Fort A.P. Hill .............................. 3,975,000 

Fort Myer .................................... 49,526,000 

Washington .................. Fort Lewis ................................... 48,000,000 

Total ..................................... 1,420,200,000 

3 (b) OUTSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2104(a)(2), the Secretary of the Army 

6 may acquire real property and carry out military construc-
265 

S 2229 IS 

1 tion projects for the installations or locations outside the 

2 United States, and in the amounts, set forth in the fol3 lowing 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 

4 SEC. 2102. FAMILY HOUSING. 

5 (a) CONSTRUCTION AND ACQUISITION.—Using 

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2104(a)(5)(A), the Secretary of the 

8 Army may construct or acquire family housing units (in9 cluding land acquisition and supporting facilities) at the 

10 installations or locations, for the purposes and in the 

11 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 
266 

S 2229 IS 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2104(a)(4)(A), the Secretary of the Army may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of family housing units in an amount not 

7 to exceed $29,209,000. 

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2104(a)(5)(A), 

13 the Secretary of the Army may improve existing military 

14 family housing units in an amount not to exceed 

15 $211,990,000. 

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal years beginning after September 30, 2004, for mili19 tary construction, land acquisition and military family 

20 housing functions of the Department of the Army in the 

21 total amount of $3,336,291,000 as follows: 

22 (1) For military construction projects inside the 

23 United States authorized by section 2101(a), 

24 $1,250,700,000. 
267 

S 2229 IS 

1 (2) For military construction projects outside 

2 the United States authorized by section 2101(b), 

3 $115,200,000. 

4 (3) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, 

6 United States Code, $20,000,000. 

7 (4) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $151,335,000. 

10 (5) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $636,099,000. 

14 (B) For support of military family housing 

15 (including the functions described in section 

16 2833 of title 10, United States Code), 

17 $928,907,000. 

18 (6) For the construction of phase 2 of a bar19 racks complex, 5th & 16th Street, at Fort Stewart/ 

20 Hunter Army Air Field, Georgia, authorized by sec21 tion 2101(a) of the Military Construction Authoriza22 tion Act for Fiscal Year 2004 (division B of Public 

23 Law 108–136; 117 Stat. 1697), $32,950,000. 

24 (7) For the construction of phase 3 of a bar25 racks complex renewal, Capron Road, at Schofield 
268 

S 2229 IS 

1 Barracks, Hawaii, authorized by section 2101(a) of 

2 the Military Construction Authorization Act for Fis3 cal Year 2002 (division B of Public Law 107–107; 

4 115 Stat. 1283) and as amended by section 2105 of 

5 the Military Authorization Act for Fiscal Year 2004 

6 (division B of Public Law 108–136; 117 Stat. 

7 1697), $48,000,000. 

8 (8) For the construction of phase 2 of the 

9 Lewis & Clark instructional facility at Fort Leaven10 worth, Kansas, authorized by section 2101(a) of the 

11 Military Construction Authorization Act for Fiscal 

12 Year 2003 (division B of Public Law 107–314; 116 

13 Stat. 2681), $44,000,000. 

14 (9) For the construction phase 2 of a barracks 

15 complex at Wheeler Sack Army Air Field at Fort 

16 Drum, New York, authorized by section 2101(a) of 

17 the Military Construction Authorization Act for Fis18 cal Year 2004 (division B of Public Law 108–136; 

19 117 Stat. 1697), $48,000,000. 

20 (10) For the construction of phase 2 of a bar21 racks complex, Bastogne Drive, Fort Bragg, North 

22 Carolina, authorized by section 2101(a) of the Mili23 tary Construction Authorization Act for Fiscal Year 

24 2004 (division B of Public Law 108–136; 117 Stat. 

25 1697), $48,000,000. 
269 

S 2229 IS 

1 (11) For the construction of phase 3 of a main2 tenance complex at Fort Sill, Oklahoma, authorized 

3 by section 2101(a) of the Military Construction Au4 thorization Act for Fiscal Year 2003 (division B of 

5 Public Law 107–314; 116 Stat. 2681), $13,100,000. 

6 TITLE XXII—NAVY 

7 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 (a) INSIDE THE UNITED STATES.—Using amounts 

10 appropriated pursuant to the authorization of appropria11 tions in section 2204(a)(1), the Secretary of the Navy may 

12 acquire real property and carry out military construction 

13 projects for the installations or locations inside the United 

14 States, and in the amounts, set forth in the following 

15 table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ........................ Marine Corps Air Station, Yuma 26,670,000 

California ..................... Marine Corps Base, Camp Pendleton.38,455,000 

Naval Air Facility, El Centro ...... 54,331,000 

Connecticut .................. Naval Submarine Base, New London.45,882,000 

District of Columbia .... Naval Observatory, Washington .. 3,239,000 

Eglin Air Force Base ................... 2,060,000 

Florida ......................... Naval Station, Mayport ............... 6,200,000 

Strategic Weapons Facility Atlantic, Kings Bay.16,000,000 

Georgia ........................ Naval Training Station, Great 

Lakes.

10,000 

Illinois .......................... Recruit Training Command, 

Great Lakes.

74,771,000 

Naval Surface Warfare Center, 

Indian Head.

13,900,000 

Maryland ..................... Marine Corps Air Station, New 

River.

35,140,000 
270 

S 2229 IS 

Navy: Inside the United States—Continued 

State Installation or Location Amount 

North Carolina ............ Marine Corps Base, Camp 

Lejeune.

6,420,000 

Washington County ...................... 136,900,000 

Camp Elmore Marine Corps Detachment.13,500,000 

Virginia ........................ Marine Corps Base, Quantico ...... 41,800,000 

Naval Air Station, Oceana ........... 2,770,000 

Naval Amphibious Base, Little 

Creek.

2,850,000 

Naval Station, Norfolk ................. 4,330,000 

Naval Weapons Station, Yorktown.9,870,000 

Naval Shipyard Puget Sound, 

Bremerton.

20,305,000 

Washington .................. Naval Station, Bremerton ............ 74,125,000 

Strategic Weapons Facility Pacific, Bangor.131,090,000 

Total ..................................... 760,618,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahamas ...................... Naval Undersea Warfare Center, 

Andros Islands.

20,750,000 

Diego Garcia ............... Naval Support Facility, Diego 

Garcia.

17,500,000 

Guam ........................... Naval Station, Guam ................... 12,500,000 

Guam ........................... Naval Public Works Center, 

Guam.

20,700,000 

Italy ............................. Sigonella ....................................... 22,550,000 

Spain ........................... Naval Station, Rota ..................... 32,700,000 

Total ..................................... 126,700,000 
271 

S 2229 IS 

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(3), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations and in the 

6 amount, set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified Unspecified Worldwide ................. 158,640,000 

Total ..................................... 158,640,000 

7 SEC. 2202. FAMILY HOUSING. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2204(a)(6)(A), the 

10 Secretary of the Navy may construct or acquire family 

11 housing units (including land acquisition and supporting 

12 facilities) at the installations or locations, for the purposes 

13 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, Cherry Point.198 Units ....... 27,002,000 

Total .................... ......................... 27,002,000 

14 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

15 UNITS. 

16 Subject to section 2825 of title 10, United States 

17 Code, and using amounts appropriated pursuant to the 
272 

S 2229 IS 

1 authorization of appropriations in section 2204(a)(5)(A), 

2 the Secretary of the Navy may improve existing military 

3 family housing units in an amount not to exceed 

4 $112,105,000. 

5 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2004, for mili8 tary construction, land acquisition, and military family 

9 housing functions of the Department of the Navy in the 

10 total amount of $1,904,066,000, as follows: 

11 (1) For military construction projects inside the 

12 United States authorized by section 2201(a), 

13 $621,238,000. 

14 (2) For military construction projects outside 

15 the United States authorized by section 2201(b), 

16 $126,700,000. 

17 (3) For the military construction projects at 

18 unspecified worldwide locations authorized by section 

19 2201(c), $98,560,000. 

20 (4) For unspecified minor military construction 

21 projects authorized by section 2805 of title 10, 

22 United States Code, $12,000,000. 

23 (5) For architectural and engineering services 

24 and construction design under section 2807 of title 

25 10, United States Code, $87,067,000. 
273 

S 2229 IS 

1 (6) For military family housing functions: 

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military 

4 family housing and facilities, $139,107,000. 

5 (B) For support of military family housing 

6 (including functions described in section 2833 

7 of title 10, United States Code), $704,504,000. 

8 (7) For the construction of increment 2 of the 

9 tertiary sewage treatment plant at Marine Corps 

10 Base, Camp Pendleton, California, authorized by 

11 section 2201(a) of the Military Construction Author12 ization Act for Fiscal Year 2004 (division B of Pub13 lic Law 108–136; 117 Stat. 1703), $25,690,000. 

14 (8) For the construction of increment 2 of the 

15 general purpose berthing pier at Naval Weapons 

16 Station, Earle, New Jersey, authorized by section 

17 2201(a) of the Military Construction Authorization 

18 Act of Fiscal Year 2004 (division B of Public Law 

19 108–136; 117 Stat. 1704), $49,200,000. 

20 (9) For the construction of increment 2 of pier 

21 11 replacement at Naval Station, Norfolk, Virginia, 

22 authorized by section 2201(a) of the Military Con23 struction Authorization Act of Fiscal Year 2004 (di24 vision B of Public Law 108–136; 117 Stat. 1704), 

25 $40,000,000. 
274 

S 2229 IS 

1 TITLE XXIII—AIR FORCE 

2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

3 LAND ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2304(a)(1), the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the installations or locations inside the 

9 United States, and in the amounts, set forth in the fol10 lowing 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 Base ... 10,029,000 

Luke Air Force Base ................... 10,000,000 

Arkansas ...................... Little Rock Air Force Base ......... 5,031,000 

California ..................... Beale Air Force Base ................... 10,186,000 

Edwards Air Force Base ............. 9,965,000 

Travis Air Force Base ................. 15,244,000 

Colorado ...................... Buckley Air Force Base ............... 12,247,000 

Florida ......................... Tyndall Air Force Base ............... 18,962,000 

Georgia ........................ Robins Air Force Base ................ 15,000,000 

Hawaii ......................... Hickam Air Force Base ............... 25,900,000 

Louisiana ..................... Barksdale Air Force Base ........... 13,800,000 

Maryland ..................... Andrews Air Force Base .............. 17,100,000 

North Carolina ............ Pope Air Force Base .................... 15,150,000 

South Carolina ............ Shaw Air Force Base ................... 3,300,000 

Tennessee .................... Arnold Air Force Base ................. 22,000,000 

Texas ........................... Lackland Air Force Base ............. 2,596,000 

Sheppard Air Force Base ............ 50,284,000 

Utah ............................ Hill Air Force Base ..................... 13,113,000 

Total ..................................... 295,964,000 

11 (b) OUTSIDE THE UNITED STATES.—Using amounts 

12 appropriated pursuant to the authorization of appropria13 tions in section 2304(a)(2), the Secretary of the Air Force 
275 

S 2229 IS 

1 may acquire real property and carry out military construc2 tion projects for the installations or locations outside the 

3 United States, and in the amounts, set forth in the fol4 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Germany ...................... Ramstein Air Base ....................... 25,404,000 

Greenland .................... Thule Air Base ............................. 19,800,000 

Guam ........................... Andersen Air Base ....................... 19,593,000 

Italy ............................. Aviano Air Base ........................... 6,760,000 

Japan ........................... Misawa Air Base .......................... 6,700,000 

Korea ........................... Kunsan Air Base ......................... 37,100,000 

Osan Air Base .............................. 18,600,000 

Portugal ....................... Lajes Field, Azores ...................... 5,689,000 

Spain ........................... Naval Station, Rota ..................... 14,153,000 

United Kingdom .......... Royal Air Force Lakenheath ....... 5,500,000 

Total ..................................... 159,299,000 

5 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2304(a)(3), the Secretary of the Air Force 

8 may acquire real property and carry out military construc9 tion projects for the installations or locations, and in the 

10 amount, set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified ... Worldwide Unspecified Classified 28,090,000 

Worldwide Unspecified Worldwide Unspecified ................. 26,825,000 

Total ..................................... 54,915,000 

11 SEC. 2302. FAMILY HOUSING. 

12 (a) CONSTRUCTION AND ACQUISITION.—Using 

13 amounts appropriated pursuant to the authorization of ap-
276 

S 2229 IS 

1 propriations in section 2304(a)(6)(A), the Secretary of the 

2 Air Force may construct or acquire family housing units 

3 (including land acquisition and supporting facilities) at the 

4 installations or locations, for the purposes and in the 

5 amounts, set forth in the following table: 

Air Force: Unspecified Worldwide 

State Installation or Location Purpose Amount 

Arizona ............ Davis-Monthan Air 

Force Base.

250 Units ....... 48,500,000 

California ........ Edwards Air Force 

Base.

218 Units ....... 41,202,000 

Vandenberg Air Force 

Base.

120 Units ....... 30,906,000 

Florida ............ MacDill Air Force 

Base.

61 Units ......... 22,973,000 

Idaho ............... Mountain Home Air 

Force Base.

147 Units ....... 39,333,000 

Mississippi ....... Columbus Air Force 

Base.

FH Mgmt Facility.711,000 

Missouri .......... Whiteman Air Force 

Base.

160 Units ....... 37,087,000 

Montana .......... Malmstrom Air Force 

Base.

115 Units ....... 29,910,000 

North Carolina Seymour Johnson Air 

Force Base.

167 Units ....... 32,693,000 

North Dakota .. Grand Forks Air Force 

Base.

90 Units ......... 26,169,000 

Minot Air Force Base 142 Units ....... 37,087,000 

South Carolina Charleston Air Force 

Base.

Fire Station .... 1,976,000 

South Dakota .. Ellsworth Air Force 

Base.

75 Units ......... 21,482,000 

Texas ............... Dyess Air Force Base 127 Units ....... 28,664,000 

Goodfellow Air Force 

Base.

127 Units ....... 20,604,000 

Germany .......... Ramstein Air Base ...... 144 Units ....... 57,691,000 

Italy ................. Aviano Air Base .......... FH Office ....... 2,542,000 

Korea .............. Osan Air Base ............. 117 Units ....... 46,834,000 

United Kingdom.Royal Air Force 

Lakenheath.

154 Units ....... 43,976,000 

Total .................... ......................... 570,340,000 
277 

S 2229 IS 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2304(a)(6)(A), the Secretary of the Air Force may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of military family housing units in an 

7 amount not to exceed $38,266,000. 

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2304(a)(6)(A), 

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed 

15 $238,353,000. 

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

17 FORCE. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2004, for mili20 tary construction, land acquisition, and military family 

21 housing functions of the Department of the Air Force in 

22 the total amount of $2,374,819,000, as follows: 

23 (1) For military construction projects inside the 

24 United States authorized by section 2301(a), 

25 $295,964,000. 
278 

S 2229 IS 

1 (2) For military construction projects outside 

2 the United States authorized by section 2301(b), 

3 $159,299,000. 

4 (3) For the military construction projects at 

5 unspecified worldwide locations authorized by section 

6 2301(c), $54,915,000. 

7 (4) For unspecified minor military construction 

8 projects authorized by section 2805 of title 10, 

9 United States Code, $13,000,000. 

10 (5) For architectural and engineering services 

11 and construction design, under section 2807 of title 

12 10, United States Code, $140,786,000. 

13 (6) For military family housing functions: 

14 (A) For construction and acquisition, plan15 ning and design and improvement of military 

16 family housing and facilities, $846,959,000. 

17 (B) For support of military family housing 

18 (including functions described in section 2833 

19 of title 10, United States Code), $863,896,000. 

20 TITLE XXIV—DEFENSE 

21 AGENCIES 

22 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC23 TION AND LAND ACQUISITION PROJECTS. 

24 (a) INSIDE THE UNITED STATES.—Using amounts 

25 appropriated pursuant to the authorization of appropria-
279 

S 2229 IS 

1 tions in section 2404(a)(1), the Secretary of Defense may 

2 acquire real property and carry out military construction 

3 projects for the installations or locations inside the United 

4 States, and in the amounts, set forth in the following 

5 table: 

Defense Agencies: Inside the United States 

Agency Installation or Location Amount 

Defense Intelligence 

Agency.

Bolling Air Force Base, District 

of Columbia.

6,000,000 

Defense Logistics 

Agency.

Columbus, Ohio ............................ 5,500,000 

Defense Distribution Depot, New 

Cumberland, Pennsylvania.

22,300,000 

Defense Distribution Depot, Richmond, Virginia.10,100,000 

Defense Fuel Support Point, 

Naval Air Station Oceana, Virginia.

3,589,000 

Marina Corps Air Station, Cherry 

Point, North Carolina.

22,700,000 

Naval Air Station, Kingsville, 

Texas.

3,900,000 

Naval Station, Pearl Harbor, Hawaii.3,500,000 

Tinker Air Force Base, Oklahoma 5,400,000 

Missile Defense Agency Travis Air Force Base, California 15,100,000 

National Security 

Agency.

Huntsville, Alabama ..................... 19,560,000 

Special Operations 

Command.

Fort Meade, Maryland ................. 15,007,000 

Corona, California ........................ 13,600,000 

Fleet Combat Training Center, 

Dam Neck, Virginia.

5,700,000 

Fort A.P. Hill, Virginia ............... 1,500,000 

Fort Bragg, North Carolina ........ 42,888,000 

Fort Stewart/Hunter Army Air 

Field, Georgia.

17,600,000 

Tri-Care Management 

Activity.

Naval Air Station, North Island, 

California.

1,000,000 

Naval Amphibious Base, Little 

Creek, Virginia.

24,200,000 

Buckley Air Force Base, Colorado 2,100,000 

Fort Belvoir, Virginia .................. 100,000,000 

Fort Benning, Georgia ................. 7,100,000 

Jacksonville, Florida .................... 28,438,000 

Langley Air Force Base, Virgina 50,800,000 
280 

S 2229 IS 

Defense Agencies: Inside the United States—Continued 

Agency Installation or Location Amount 

Marine Corps Recruit Depot, 

Parris Island, South Carolina.

25,000,000 

Total ..................................... 452,582,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing 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 Point, 

Lajes Field, Portugal.

19,113,000 

Special Operations 

Command.

Misawa Air Base, Japan .............. 19,900,000 

Naval Station, Guam, Marianas 

Islands.

2,200,000 

Royal Air Force Mildenhall, 

United Kingdom.

10,200,000 

Tri-Care Management 

Activity.

Diego Garcia ................................ 3,800,000 

Grafenwoehr, Germany ................ 13,000,000 

Total ..................................... 140,435,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2404(a)(3), the Secretary of Defense may 

11 acquire real property and carry out military construction 
281 

S 2229 IS 

1 projects for the installations or locations, and in the 

2 amount, set forth in the following table: 

Defense Agencies: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified ... Worldwide Unspecified Classified 7,400,000 

Worldwide Unspecified Worldwide Unspecified ................. 2,900,000 

Total ..................................... 10,300,000 

3 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

4 UNITS. 

5 Subject to section 2825 of title 10, United States 

6 Code, and using amounts appropriated pursuant to the 

7 authorization of appropriations in section 2404(a)(9)(A), 

8 the Secretary of Defense may improve existing military 

9 family housing units in an amount not to exceed $49,000. 

10 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2404(a)(7), the Sec13 retary of Defense may carry out energy conservation 

14 projects under section 2865 of title 10, United States 

15 Code, in the amount of $60,000,000. 

16 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE17 FENSE AGENCIES. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2004, for mili20 tary construction, land acquisition, and military family 

21 housing functions of the Department of Defense (other 
282 

S 2229 IS 

1 than the military departments) in the total amount of 

2 $1,163,477,000, as follows: 

3 (1) For military construction projects inside the 

4 United States authorized by section 2401(a), 

5 $395,582,000. 

6 (2) For military construction projects outside 

7 the United States authorized by section 2401(b), 

8 $140,435,000. 

9 (3) For the military construction projects at 

10 unspecified worldwide locations authorized by section 

11 2401(c), $10,300,000. 

12 (4) For unspecified minor military construction 

13 projects under section 2805 of title 10, United 

14 States Code, $20,938,000. 

15 (5) For contingency construction projects of the 

16 Secretary of Defense under section 2804 of title 10, 

17 United States Code, $10,000,000. 

18 (6) For architectural and engineering services 

19 and construction design under section 2807 of title 

20 10, United States Code, $62,182,000. 

21 (7) For Energy Conservation projects author22 ized by section 2404 of this Act, $60,000,000. 

23 (8) For base closure and realignment activities 

24 as authorized by the Defense Base Closure and Re25 alignment Act of 1990 (part A of title XXIX of 
283 

S 2229 IS 

1 Public Law 101–510; 10 U.S.C. 2687 note), 

2 $246,116,000. 

3 (9) For military family housing functions: 

4 (A) For improvement of military family 

5 housing and facilities, $49,000. 

6 (B) For support of military family housing 

7 (including functions described in section 2833 

8 of title 10, United States Code), $49,575,000. 

9 (C) For credit to the Department of De10 fense Family Housing Improvement Fund es11 tablished by section 2883(a)(1) of title 10, 

12 United States Code, $2,500,000. 

13 TITLE XXV—NORTH ATLANTIC 

14 TREATY ORGANIZATION SE15 CURITY INVESTMENT PRO16 GRAM 

17 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

18 ACQUISITION PROJECTS. 

19 The Secretary of Defense may make contributions for 

20 the North Atlantic Treaty Organization Security Invest21 ment Program as provided in section 2806 of title 10, 

22 United States Code, in an amount not to exceed the sum 

23 of the amount authorized to be appropriated for this pur24 pose in section 2502 and the amount collected from the 
284 

S 2229 IS 

1 North Atlantic Treaty Organization as a result of con2 struction previously financed by the United States. 

3 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal years beginning after September 30, 2004, for con6 tributions by the Secretary of Defense under section 2806 

7 of title 10, United States Code, for the share of the United 

8 States of the cost of projects for the North Atlantic Treaty 

9 Organization Security Investment Program authorized by 

10 section 2501, in the amount of $165,800,000. 

11 TITLE XXVI—CHEMICAL DEMILI12 TARIZATION CONSTRUCTION, 

13 DEFENSE 

14 SEC. 2601. AUTHORIZATION OF APPROPRIATIONS, CHEM15 ICAL DEMILITARIZATION. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2004, for mili18 tary construction and land acquisition for Chemical De19 militarization in the total amount of $81,886,000, as fol20 lows: 

21 (1) For the construction of phase 6 of a muni22 tions demilitarization facility at Pueblo Chemical Ac23 tivity, Colorado, authorized by section 2401(a) of the 

24 Military Construction Authorization Act for Fiscal 

25 Year 1997 (division B of Public Law 104–201; 110 
285 

S 2229 IS 

1 Stat. 2775), as amended by section 2406 of the Mili2 tary Construction Authorization Act for Fiscal Year 

3 2000 (division B of Public Law 106–65; 113 Stat. 

4 839), and section 2407 of the Military Construction 

5 Authorization Act for Fiscal Year 2003 (division B 

6 of Public Law 107–314; 116 Stat. 2697), 

7 $44,792,000. 

8 (2) For the construction of phase 5 of a muni9 tions demilitarization facility at Blue Grass Army 

10 Depot, Kentucky, authorized by section 2401(a) of 

11 the Military Construction Authorization Act for Fis12 cal Year 2000 (division B of Public Law 106–65; 

13 113 Stat. 835), as amended by section 2405 of the 

14 Military Construction Authorization Act of 2002 (di15 vision B of Public Law 107–107; 115 Stat. 1298), 

16 and section 2405 of the Military Construction Au17 thorization Act for Fiscal Year 2003 (division B of 

18 Public Law 107–314; 116 Stat. 2697), $37,094,000. 

19 TITLE XXVII—GUARD AND 

20 RESERVE FORCES FACILITIES 

21 SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUC22 TION AND LAND ACQUISITION PROJECTS. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal years beginning after September 30, 2004, for the 

25 costs of acquisition, architectural and engineering services, 
286 

S 2229 IS 

1 and construction of facilities for the Guard and Reserve 

2 Forces, and for contributions therefor, under chapter 

3 1803 of title 10, United States Code (including the cost 

4 of acquisition of land for those facilities), the following 

5 amounts: 

6 (1) For the Department of the Army— 

7 (A) for the Army National Guard of the 

8 United States, $265,657,000; and 

9 (B) for the Army Reserve, $87,070,000. 

10 (2) For the Department of the Navy, for the 

11 Naval and Marine Corps Reserve, $25,285,000. 

12 (3) For the Department of the Air Force— 

13 (A) for the Air National Guard of the 

14 United States, $127,368,000; and 

15 (B) for the Air Force Reserve, 

16 $84,556,000. 

17 TITLE XXVIII—EXPIRATION AND 

18 EXTENSION OF AUTHORIZA19 TIONS 

20 SEC. 2801. EXPIRATION OF AUTHORIZATIONS AND 

21 AMOUNTS REQUIRED TO BE SPECIFIED BY 

22 LAW. 

23 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

24 YEARS.—Except as provided in subsection (b), all author25 izations contained in titles XXI through XXVII for mili-
287 

S 2229 IS 

1 tary construction projects, land acquisition, family housing 

2 projects and facilities, and contributions to the North At3 lantic Treaty Organization Security Investment Program 

4 (and authorizations of appropriations therefor) shall ex5 pire on the later of— 

6 (1) October 1, 2007; or 

7 (2) the date of the enactment of an Act author8 izing funds for military construction for fiscal year 

9 2008. 

10 (b) EXCEPTION.—Subsection (a) shall not apply to 

11 authorizations for military construction projects, land ac12 quisition, family housing projects and facilities, and con13 tributions to the North Atlantic Treaty Organization Se14 curity Investment program (and authorizations of appro15 priations therefor), for which appropriated funds have 

16 been obligated before the later of— 

17 (1) October 1, 2007; or 

18 (2) the date of the enactment of an Act author19 izing funds for fiscal year 2008 for military con20 struction projects, land acquisition, family housing 

21 projects and facilities, or contributions to the North 

22 Atlantic Treaty Organization Security Investment 

23 program. 
288 

S 2229 IS 

1 SEC. 2802. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2002 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2002 (division B of Public Law 107–107; 115 Stat. 

6 1280), authorizations set forth in the tables in subsection 

7 (b), as provided in sections 2101, 2302, and 2601 of that 

8 Act, shall remain in effect until October 1, 2005, or the 

9 date of the enactment of an Act authorizing funds for mili10 tary construction for fiscal year 2006, whichever is later. 

11 (b) TABLES.—The tables referred to in subsection (a) 

12 are as follows: 

Army: Extension of 2002 Project Authorizations 

State Installation or 

Location Project Amount 

Alaska .................. Fort Wainwright Power Plant Cooling Tower.23,000,000 

Hawaii ................. Pohakuloa Training Area.Parker Ranch 

Land Acquisition.

1,500,000 

Air Force: Extension of 2002 Project Authorizations 

State Installation or 

Location Project Amount 

Colorado .............. Buckley Air Force 

Base.

Construct Family 

Housing (55 

Units).

11,400,000 

Idaho ................... Mountain Home 

Air Force Base.

Replace Family 

Housing (56 

Units).

10,000,000 

Louisiana ............. Barksdale Air 

Force Base.

Replace Family 

Housing (56 

Units).

7,300,000 
289 

S 2229 IS 

Army National Guard: Extension of 2002 Project 

Authorizations 

State Installation or 

Location Project Amount 

California ............. Lancaster ............ Readiness Center 

(ADRS).

4,530,000 

Massachusetts ..... Framingham ....... Organizational 

Maintenance 

Shop.

8,347,000 

1 SEC. 2803. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2001 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2001 (division B of Public Law 106–398; 114 Stat. 

6 1654A–389), authorizations set forth in the tables in sub7 section (b), as provided in sections 2102 and 2401 of that 

8 Act, shall remain in effect until October 1, 2005, or the 

9 date of the enactment of an Act authorizing funds for mili10 tary construction for fiscal year 2006, whichever is later. 

11 (b) TABLES.—The tables referred to in subsection (a) 

12 are as follows: 

Army: Extension of 2001 Project Authorization 

State Installation or 

Location Project Amount 

South Carolina .... Fort Jackson ...... New Construction-Family 

Housing (1 

unit).

250,000 
290 

S 2229 IS 

Defense Agency: Extension of 2001 Project 

Authorization 

Agency Installation or 

Location Project Amount 

Defense Finance 

and Accounting 

Service.

Kleber Kaserne, 

Germany.

Building renovation.7,400,000 

Department of 

Defense Education Activity.

Osan Air Base, 

Korea.

Osan Elementary 

School Classroom Addition.

843,000 

1 TITLE XXIX—GENERAL 

2 PROVISIONS 

3 Subtitle A—Military Construction 

4 and Military Family Housing 

5 SEC. 2901. ALTERNATIVE AUTHORITY FOR ACQUISITION 

6 AND IMPROVEMENT OF MILITARY HOUSING. 

7 Section 2883(g)(1) of title 10, United States Code 

8 is amended by striking ‘‘$850,000,000’’ and inserting 

9 ‘‘$1,850,000,000’’. 

10 Subtitle B—Real Property and 

11 Facilities Administration 

12 SEC. 2911. ESTABLISHMENT OF MUSEUM CENTER OF THE 

13 NATIONAL MUSEUM OF THE UNITED STATES 

14 ARMY. 

15 (a) IN GENERAL.—Chapter 401 of title 10, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 
291 

S 2229 IS 

1 ‘‘§ 4322. The Museum Center of the National Museum 

2 of the United States Army 

3 ‘‘(a) AUTHORITY TO ESTABLISH.— 

4 ‘‘(1) The Secretary of the Army may establish 

5 the Museum Center of the National Museum of the 

6 United States Army at Fort Belvoir, Virginia. 

7 ‘‘(2) The Museum Center may be used to iden8 tify, collect, preserve, display, and interpret historic 

9 artifacts and artwork of significance to the United 

10 States Army. 

11 ‘‘(b) AUTHORITY TO ENTER INTO AGREEMENT.— 

12 ‘‘(1) The Secretary may enter into an agree13 ment with the Army Historical Foundation, a non14 profit organization, to support the design, construc15 tion, and operation of the Museum Center through 

16 gifts provided by the Foundation. 

17 ‘‘(2) The Secretary may require such terms and 

18 conditions in connection with any agreement author19 ized to be entered into by this subsection as the Sec20 retary considers appropriate to protect the interests 

21 of the United States. 

22 ‘‘(c) DESIGN, CONSTRUCTION, AND OPERATION.— 

23 The Secretary may design, construct, and operate facilities 

24 for the Museum Center with funds provided by the Army 

25 Historical Foundation and gifts accepted under subsection 

26 (d). 
292 

S 2229 IS 

1 ‘‘(d) USE OF CERTAIN GIFTS.—(1) Under regula2 tions prescribed by the Secretary, the Commander of the 

3 United States Amy Center of Military History may, with4 out regard to section 2601 of this title 10, accept, hold, 

5 administer, invest, and spend any gift, devise, or bequest 

6 of personal property of a value of $250,000 or less made 

7 to the United States if such gift, devise, or bequest is for 

8 the benefit of the Museum Center. 

9 ‘‘(2) The Secretary may pay or authorize the pay10 ment of any reasonable and necessary expense in connec11 tion with the conveyance or transfer of a gift, devise, or 

12 bequest under this sub section. 

13 ‘‘(e) OTHER AUTHORIZED USERS.— 

14 (1) The Secretary may make the Museum Cen15 ter, or space within the Museum Center, available to 

16 the public, commercial entities, nonprofit entities, 

17 state and local governments, and other departments 

18 and agencies of the Federal Government for such 

19 uses as deemed appropriate by the Secretary. The 

20 Secretary may charge fees for such uses. 

21 ‘‘(2) Funds received under paragraph (1) shall 

22 be deposited into a special fund maintained by the 

23 Secretary for acquisition, preservation, and con24 servation of rare artifacts and other projects associ-
293 

S 2229 IS 

1 ated with the Museum Center and shall be available 

2 for those purposes until expended. 

3 ‘‘(f) FUNDRAISING.—The Army Historical Founda4 tion may engage in fundraising operations on the grounds 

5 of the Museum Center and its adjacent support facilities 

6 with the approval of the Secretary of the Army. The Sec7 retary of the Army may approve the provision of logistical 

8 support to fundraising events conducted by the Army His9 torical Foundation on the grounds of the Museum Center 

10 and its adjacent support facilities that is otherwise con11 sistent with Department of Defense policy for the conduct 

12 of public affairs and community relations activities and 

13 programs throughout the Department of Defense. 

14 ‘‘(g) ADVERTISING, MARKETING, AND PROMOTION.— 

15 ‘‘(1) The Secretary of the Army may expend 

16 appropriated funds available for the operation and 

17 maintenance of the Army for advertising, marketing, 

18 and promotion of the National Museum of the 

19 United States Army and its programs in order to 

20 enhance visitation and the effectiveness of edu21 cational programs of the Museum. 

22 ‘‘(2) The Secretary of the Army may authorize 

23 the Commander of the United States Army Center 

24 of Military History, or other appropriate official of 

25 the Department of the Army, to expend appro-
294 

S 2229 IS 

1 priated funds available for the operation and mainte2 nance of the Army for the promotional hospitality of 

3 specials guests of the National Museum of the 

4 United States Army, not to exceed $20,006 during 

5 a fiscal year.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of such chapter is amended by adding 

8 at the end the following new item: 

‘‘4322. The Museum Center of the National Museum of the United States 

Army.’’. 

9 SEC. 2912. EXCHANGE OR SALE OF RESERVE COMPONENT 

10 FACILITIES IN RETURN FOR REPLACEMENT 

11 FACILITIES. 

12 Section 18233 of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(g)(1) When the Secretary of Defense determines it 

16 is in the best interests of the United States to acquire 

17 a facility under this section as a replacement for an exist18 ing facility, the Secretary may exchange the existing facil19 ity for a replacement facility or sell the existing facility 

20 and use the proceeds to acquire a replacement facility. 

21 ‘‘(2) In any exchange or sale under paragraph (1), 

22 the United States shall receive cash or a replacement facil23 ity, or both, of a value at least equal to the fair market 

24 value of the existing facility. 
295 

S 2229 IS 

1 ‘‘(3) Acquisition of a replacement facility under para2 graph (I) by exchange, sale, or combination of exchange 

3 and sale, may be accomplished by construction, expansion, 

4 rehabilitation, and conversion and shall result in a fully 

5 equipped and operational replacement facility. Nothing in 

6 this paragraph shall prohibit the Secretary from contrib7 uting additional funds, in accordance with this section, to 

8 obtain a fully equipped and operational replacement facil9 ity. 

10 ‘‘(4) Any funds received under this subsection in ex11 cess of the funds expended for the replacement facility 

12 may be used for the purposes of subsection (a). 

13 ‘‘(5) The funds received under this subsection shall 

14 be placed in a separate account for use in accordance with 

15 this subsection without further appropriation. 

16 ‘‘(6) This subsection shall not be subject to the Stew17 art B. McKinney Homeless Assistance Act (42 U.S.C. 

18 11301 et seq.).’’. 

19 Subtitle C—Other Matters 

20 SEC. 2921. MINOR MILITARY CONSTRUCTION TO IMPROVE 

21 FORCE PROTECTION. 

22 Section 2805 of title 10, United States Code, is 

23 amended— 

24 (1) in subsection (b)(2), by striking ‘‘21-day’’ 

25 and inserting ‘‘5-day’’; and 
296 

S 2229 IS 

1 (2) in subsection (c)(1)— 

2 (A) by striking ‘‘or’’ at the end of subpara3 graph (A); 

4 (B) by striking the period at the end of 

5 subparagraph (B) and inserting ‘‘; or’’; and 

6 (C) by adding at the end the following new 

7 subparagraph: 

8 ‘‘(C) $5,000,000, in the case of an unspec9 ified minor military construction project in10 tended solely to correct a deficiency in force 

11 protection.’’. 

Æ 
297 

S 2229 IS 

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘4322. The Museum Center of the National Museum of the United States 

Army.’’. 

4 SEC. 2912. EXCHANGE OR SALE OF RESERVE COMPONENT 

5 FACILITIES IN RETURN FOR REPLACEMENT 

6 FACILITIES. 

7 Section 18233 of title 10, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(g)(1) When the Secretary of Defense determines it 

11 is in the best interests of the United States to acquire 

12 a facility under this section as a replacement for an exist13 ing facility, the Secretary may exchange the existing facil14 ity for a replacement facility or sell the existing facility 

15 and use the proceeds to acquire a replacement facility. 

16 ‘‘(2) In any exchange or sale under paragraph (1), 

17 the United States shall receive cash or a replacement facil18 ity, or both, of a value at least equal to the fair market 

19 value of the existing facility. 

20 ‘‘(3) Acquisition of a replacement facility under para21 graph (I) by exchange, sale, or combination of exchange 

22 and sale, may be accomplished by construction, expansion, 

23 rehabilitation, and conversion and shall result in a fully 

24 equipped and operational replacement facility. Nothing in 
298 

S 2229 IS 

1 this paragraph shall prohibit the Secretary from contrib2 uting additional funds, in accordance with this section, to 

3 obtain a fully equipped and operational replacement facil4 ity. 

5 ‘‘(4) Any funds received under this subsection in ex6 cess of the funds expended for the replacement facility 

7 may be used for the purposes of subsection (a). 

8 ‘‘(5) The funds received under this subsection shall 

9 be placed in a separate account for use in accordance with 

10 this subsection without further appropriation. 

11 ‘‘(6) This subsection shall not be subject to the Stew12 art B. McKinney Homeless Assistance Act (42 U.S.C. 

13 11301 et seq.).’’. 

14 Subtitle C—Other Matters 

15 SEC. 2921. MINOR MILITARY CONSTRUCTION TO IMPROVE 

16 FORCE PROTECTION. 

17 Section 2805 of title 10, United States Code, is 

18 amended— 

19 (1) in subsection (b)(2), by striking ‘‘21-day’’ 

20 and inserting ‘‘5-day’’; and 

21 (2) in subsection (c)(1)— 

22 (A) by striking ‘‘or’’ at the end of subpara23 graph (A); 

24 (B) by striking the period at the end of 

25 subparagraph (B) and inserting ‘‘; or’’; and 
299 

S 2229 IS 

1 (C) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(C) $5,000,000, in the case of an unspec4 ified minor military construction project in5 tended solely to correct a deficiency in force 

6 protection.’’. 

Æ