II 

Calendar No. 504 

108TH CONGRESS 

2D SESSION S. 2401 

To authorize appropriations for fiscal year 2005 for military activities of 

the Department of Defense, to prescribe personnel strengths for such 

fiscal year for the Armed Forces, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2004 

Mr. WARNER, from the Committee on Armed Services, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations for fiscal year 2005 for military 

activities of the Department of Defense, to prescribe 

personnel strengths for such fiscal year for the Armed 

Forces, 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 ‘‘Department of Defense 

5 Authorization Act for Fiscal Year 2005’’. 
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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Congressional defense committees defined. 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Army Programs 

Sec. 111. Light utility helicopter program. 

Sec. 112. Authorization of appropriations for up-armored high mobility multipurpose wheeled vehicles or wheeled vehicle ballistic add-on 

armor protection. 

Subtitle C—Navy Programs 

Sec. 121. LHA(R) amphibious assault ship program. 

Sec. 122. Multiyear procurement authority for the light weight 155-millimeter 

howitzer program. 

Sec. 123. Pilot program for flexible funding of submarine engineered refueling 

overhaul and conversion. 

Subtitle D—Air Force Programs 

Sec. 131. Prohibition of retirement of KC–135E aircraft. 

Sec. 132. Prohibition of retirement of F–117 aircraft. 

Subtitle E—Other Matters 

Sec. 141. Report on options for acquisition of precision-guided munitions. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for science and technology. 

Subtitle B—Program Requirements, Restrictions, and 

Limitations 

Sec. 211. DD(X)-class destroyer program. 

Sec. 212. Global Positioning System III satellite. 

Sec. 213. Initiation of concept demonstration of Global Hawk high altitude endurance unmanned aerial vehicle. 

Sec. 214. Joint Unmanned Combat Air Systems program. 

Sec. 215. Joint Strike Fighter aircraft program. 

Sec. 216. Joint experimentation. 
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Subtitle C—Ballistic Missile Defense 

Sec. 221. Fielding of ballistic missile defense capabilities. 

Sec. 222. Patriot Advance Capability–3 and Medium Extended Air Defense 

System. 

Sec. 223. Comptroller General assessments of ballistic missile defense programs. 

Subtitle D—Other Matters 

Sec. 231. Annual report on submarine technology insertion. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense programs. 

Subtitle B—Program Requirements, Restrictions, and 

Limitations 

Sec. 311. Commander’s Emergency Response Program. 

Sec. 312. Limitation on transfers out of working capital funds. 

Subtitle C—Environmental Provisions 

Sec. 321. Payment of certain private cleanup costs in connection with Defense 

Environmental Restoration Program. 

Sec. 322. Reimbursement of Environmental Protection Agency for certain costs 

in connection with Moses Lake Wellfield Superfund Site, Moses 

Lake, Washington. 

Sec. 323. Satisfaction of certain audit requirements by the Inspector General 

of the Department of Defense. 

Sec. 324. Comptroller General study and report on drinking water contamination and related health effects at Camp Lejeune, North Carolina. 

Sec. 325. Increase in authorized amount of environmental remediation, Front 

Royal, Virginia. 

Subtitle D—Depot-Level Maintenance and Repair 

Sec. 331. Simplification of annual reporting requirements concerning funds expended for depot maintenance and repair workloads. 

Sec. 332. Repeal of requirement for annual report on management of depot employees. 

Sec. 333. Extension of special treatment for certain expenditures incurred in 

the operation of Centers of Industrial and Technical Excellence. 

Subtitle E—Extensions of Program Authorities 

Sec. 341. Two-year extension of Department of Defense telecommunications 

benefit. 

Sec. 342. Two-year extension of Arsenal Support Program Initiative. 

Sec. 343. Reauthorization of warranty claims recovery pilot program. 

Subtitle F—Defense Dependents Education 
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Sec. 351. Assistance to local educational agencies that benefit dependents of 

members of the Armed Forces and Department of Defense civilian employees. 

Sec. 352. Impact aid for children with severe disabilities. 

Subtitle G—Other Matters 

Sec. 361. Charges for Defense Logistics Information Services materials. 

Sec. 362. Temporary authority for contractor performance of security-guard 

functions. 

Sec. 363. Pilot program for purchase of certain municipal services for Department of Defense installations. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Additional authority for increases of Army active duty personnel end 

strengths for fiscal years 2005 through 2009. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

Sec. 414. Fiscal year 2005 limitations on non-dual status technicians. 

Sec. 415. Authorized strengths for Marine Corps Reserve officers in active status in grades below general officer. 

Subtitle C—Authorizations of Appropriations 

Sec. 421. Authorization of appropriations for military personnel. 

Sec. 422. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Joint Officer Personnel Management 

Sec. 501. Modification of conditions of eligibility for waiver of joint duty credit 

requirement for promotion to general or flag officer. 

Sec. 502. Management of joint specialty officers. 

Sec. 503. Revised promotion policy objectives for joint officers. 

Sec. 504. Length of joint duty assignments. 

Sec. 505. Repeal of minimum period requirement for Phase II Joint Professional Military Education. 

Sec. 506. Revised definitions applicable to joint duty. 

Subtitle B—Other Officer Personnel Policy 

Sec. 511. Transition of active-duty list officer force to a force of all regular officers. 

Sec. 512. Eligibility of Navy staff corps officers to serve as Deputy Chiefs of 

Naval Operations and Assistant Chiefs of Naval Operations. 

Sec. 513. One-year extension of authority to waive joint duty experience as eligibility requirement for appointment of chiefs of reserve components. 
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Sec. 514. Limitation on number of officers frocked to major general and rear 

admiral (upper half). 

Subtitle C—Reserve Component Personnel Policy 

Sec. 521. Repeal of exclusion of active duty for training from authority to order 

Reserves to active duty. 

Sec. 522. Exception to mandatory retention of Reserves on active duty to qualify for retirement pay. 

Subtitle D—Education and Training 

Sec. 531. One-year extension of Army College First pilot program. 

Sec. 532. Military recruiter equal access to campus. 

Sec. 533. Exclusion from denial of funds for preventing ROTC access to campus of amounts to cover individual costs of attendance at institutions of higher education. 

Sec. 534. Transfer of authority to confer degrees upon graduates of the Community College of the Air Force. 

Subtitle E—Decorations, Awards, and Commendations 

Sec. 541. Award of medal of honor to individual interred in the Tomb of the 

Unknowns as representative of casualties of a war. 

Sec. 542. Separate campaign medals for Operation Enduring Freedom and for 

Operation Iraqi Freedom. 

Subtitle F—Military Justice 

Sec. 551. Reduced blood alcohol content limit for offense of drunken operation 

of a vehicle, aircraft, or vessel. 

Sec. 552. Waiver of recoupment of time lost for confinement in connection with 

a trial. 

Sec. 553. Department of Defense policy and procedures on prevention and response to sexual assaults involving members of the Armed 

Forces. 

Subtitle G—Scope of Duties of Ready Reserve Personnel in 

Inactive Duty Status 

Sec. 561. Redesignation of inactive-duty training to encompass operational and 

other duties performed by Reserves while in inactive duty status. 

Sec. 562. Repeal of unnecessary duty status distinction for funeral honors duty. 

Sec. 563. Conforming amendments to other laws referring to inactive-duty 

training. 

Sec. 564. Conforming amendments to other laws referring to funeral honors 

duty. 

Subtitle H—Other Matters 

Sec. 571. Accession of persons with specialized skills. 

Sec. 572. Federal write-in ballots for absentee military voters located in the 

United States. 

Sec. 573. Renaming of National Guard Challenge Program and increase in 

maximum Federal share of cost of State programs under the 

program. 
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TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Geographic basis for housing allowance during short-assignment permanent changes of station for education or training. 

Sec. 602. Immediate lump-sum reimbursement for unusual nonrecurring expenses incurred for duty outside the continental United States. 

Sec. 603. Permanent increase in authorized amount of family separation allowance. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for 

reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for 

certain health care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 614. One-year extension of other bonus and special pay authorities. 

Sec. 615. Reduced service obligation for nurses receiving nurse accession bonus. 

Sec. 616. Assignment incentive pay. 

Sec. 617. Permanent increase in authorized amount of hostile fire and imminent danger special pay. 

Sec. 618. Eligibility of enlisted members to qualify for critical skills retention 

bonus while serving on indefinite reenlistment. 

Sec. 619. Clarification of educational pursuits qualifying for Selected Reserve 

Education Loan Repayment Program for health professions officers. 

Sec. 620. Bonus for certain initial service of commissioned officers in the Selected Reserve. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Travel and transportation allowances for family members to attend 

burial ceremonies of members who die on duty. 

Sec. 632. Lodging costs incurred in connection with dependent student travel. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Special rule for computing the high-36 month average for disabled 

members of reserve components. 

Subtitle E—Other Matters 

Sec. 651. Increased maximum period for leave of absence for pursuit of a program of education in a health care profession. 

Sec. 652. Eligibility of members for reimbursement of expenses incurred for 

adoption placements made by foreign governments. 

TITLE VII—HEALTH CARE 

Subtitle A—Enhanced Benefits for Reserves 

Sec. 701. Demonstration project on health benefits for Reserves. 

Sec. 702. Permanent earlier eligibility date for TRICARE benefits for members 

of reserve components. 
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Sec. 703. Waiver of certain deductibles for members on active duty for a period 

of more than 30 days. 

Sec. 704. Protection of dependents from balance billing. 

Sec. 705. Permanent extension of transitional health care benefits and addition 

of requirement for preseparation physical examination. 

Sec. 706. Permanent elective coverage for Ready Reserve members under 

TRICARE program. 

Subtitle B—Other Matters 

Sec. 711. Repeal of requirement for payment of subsistence charges while hospitalized. 

Sec. 712. Opportunity for young child dependent of deceased member to become eligible for enrollment in a TRICARE dental plan. 

Sec. 713. Pediatric dental practice necessary for professional accreditation. 

Sec. 714. Services of marriage and family therapists. 

Sec. 715. Chiropractic health care benefits advisory committee. 

Sec. 716. Grounds for Presidential waiver of requirement for informed consent 

or option to refuse regarding administration of drugs not approved for general use. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Responsibilities of acquisition executives and chief information officers under the Clinger-Cohen Act. 

Sec. 802. Software-related program costs under major defense acquisition programs. 

Sec. 803. Internal controls for Department of Defense purchases through GSA 

Client Support Centers. 

Sec. 804. Defense commercial satellite services procurement process. 

Subtitle B—General Contracting Authorities, Procedures, and 

Limitations, and Other Matters 

Sec. 811. Increased thresholds for applicability of certain requirements. 

Sec. 812. Period for multiyear task and delivery order contracts. 

Sec. 813. Submission of cost or pricing data on noncommercial modifications of 

commercial items. 

Sec. 814. Delegations of authority to make determinations relating to payment 

of defense contractors for business restructuring costs. 

Sec. 815. Limitation regarding service charges imposed for defense procurements made through contracts of other agencies. 

Subtitle C—Extensions of Temporary Program Authorities 

Sec. 831. Extension of contract goal for small disadvantaged business and certain institutions of higher education. 

Sec. 832. Extension of Mentor-Protege program. 

Sec. 833. Extension of test program for negotiation of comprehensive small 

business subcontracting plans. 

Sec. 834. Extension of pilot program on sales of manufactured articles and 

services of certain Army industrial facilities. 

Subtitle D—Industrial Base Matters 
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Sec. 841. Commission on the Future of the National Technology and Industrial 

Base. 

Sec. 842. Conforming standard for waiver of domestic source or content requirements. 

Sec. 843. Consistency with United States obligations under trade agreements. 

Subtitle E—Defense Acquisition and Support Workforce 

Sec. 851. Limitation and reinvestment authority relating to reduction of the defense acquisition and support workforce. 

Sec. 852. Defense acquisition workforce improvements. 

Subtitle F—Other Matters 

Sec. 861. Inapplicability of certain fiscal laws to settlements under special temporary contract closeout authority. 

Sec. 862. Demonstration program on expanded use of Reserves to perform developmental testing, new equipment training, and related activities. 

Sec. 863. Applicability of competition exceptions to eligibility of National Guard 

for financial assistance for performance of additional duties. 

Sec. 864. Management plan for contractor security personnel. 

Sec. 865. Report on contractor performance of security, intelligence, law enforcement, and criminal justice functions in Iraq. 

Sec. 866. Accreditation study of commercial off-the-shelf processes for evaluating information technology products and services. 

Sec. 867. Inapplicability of Randolph-Sheppard Act to military dining facilities. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 

AND MANAGEMENT 

Subtitle A—Reserve Components 

Sec. 901. Modification of stated purpose of the reserve components. 

Sec. 902. Commission on the National Guard and Reserves. 

Sec. 903. Chain of succession for the Chief of the National Guard Bureau. 

Sec. 904. Redesignation of Vice Chief of the National Guard Bureau as Director of the Joint Staff of the National Guard Bureau. 

Sec. 905. Authority to redesignate the Naval Reserve. 

Subtitle B—Other Matters 

Sec. 911. Study of roles and authorities of the Director of Defense Research 

and Engineering. 

Sec. 912. Directors of Small Business Programs. 

Sec. 913. Leadership positions for the Naval Postgraduate School. 

Sec. 914. United States Military Cancer Institute. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Transfer authority. 

Sec. 1002. United States contribution to NATO common-funded budgets in fiscal year 2005. 

Sec. 1003. Reduction in overall authorization due to inflation savings. 

Sec. 1004. Defense business systems investment management. 
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Sec. 1005. Uniform funding and management of service academy athletic and 

extracurricular programs and similar supplemental mission activities. 

Subtitle B—Naval Vessels and Shipyards 

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

Sec. 1012. Limitation on disposal of obsolete naval vessel. 

Sec. 1013. Award of contracts for ship dismantling on net cost basis. 

Subtitle C—Reports 

Sec. 1021. Report on contractor security in Iraq. 

Subtitle D—Matters Relating to Space 

Sec. 1031. Space posture review. 

Sec. 1032. Panel on the Future of Military Space Launch. 

Sec. 1033. Operationally responsive national security payloads for space satellites. 

Sec. 1034. Nondisclosure of certain products of commercial satellite operations. 

Subtitle E—Defense Against Terrorism 

Sec. 1041. Temporary acceptance of communications equipment provided by 

local public safety agencies. 

Sec. 1042. Full-time dedication of airlift support for homeland defense operations. 

Sec. 1043. Survivability of critical systems exposed to chemical or biological 

contamination. 

Subtitle F—Matters Relating to Other Nations 

Sec. 1051. Humanitarian assistance for the detection and clearance of landmines and explosive remnants of war. 

Sec. 1052. Use of funds for unified counterdrug and counterterrorism campaign in Colombia. 

Sec. 1053. Assistance to Iraq and Afghanistan military and security forces. 

Sec. 1054. Assignment of NATO naval personnel to submarine safety research 

and development programs. 

Subtitle G—Other Matters 

Sec. 1061. Technical amendments relating to definitions of general applicability 

in title 10, United States Code. 

Sec. 1062. Two-year extension of authority of Secretary of Defense to engage 

in commercial activities as security for intelligence collection 

activities abroad. 

Sec. 1063. Liability protection for persons voluntarily providing maritime-related services accepted by the Navy. 

Sec. 1064. Licensing of intellectual property. 

Sec. 1065. Delay of electronic voting demonstration project. 

Sec. 1066. War risk insurance for merchant marine vessels. 

Sec. 1067. Repeal of quarterly reporting requirement concerning payments for 

District of Columbia water and sewer services and establishment of annual report by Treasury. 
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TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN 

PERSONNEL POLICY 

Sec. 1101. Science, mathematics, and research for transformation (SMART) 

defense scholarship pilot program. 

Sec. 1102. Foreign language proficiency pay. 

Sec. 1103. Pay and performance appraisal parity for civilian intelligence personnel. 

Sec. 1104. Accumulation of annual leave by intelligence senior level employees. 

Sec. 1105. Pay parity for senior executives in defense nonappropriated fund instrumentalities. 

Sec. 1106. Health benefits program for employees of nonappropriated fund instrumentalities. 

TITLE XII—COOPERATIVE THREAT REDUCTION WITH 

STATES OF THE FORMER SOVIET UNION 

Sec. 1201. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1202. Funding allocations. 

Sec. 1203. Modification and waiver of limitation on use of funds for chemical 

weapons destruction facilities in Russia. 

Sec. 1204. Inclusion of descriptive summaries in annual Cooperative Threat Reduction reports and budget justification materials. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means— 

4 (1) the Committee on Armed Services and the 

5 Committee on Appropriations of the Senate; and 

6 (2) the Committee on Armed Services and the 

7 Committee on Appropriations of the House of Rep8 resentatives. 

9 TITLE I—PROCUREMENT 

10 Subtitle A—Authorization of 

11 Appropriations 

12 SEC. 101. ARMY. 

13 Funds are hereby authorized to be appropriated for 

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

15 (1) For aircraft, $2,702,640,000. 
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1 (2) For missiles, $1,488,321,000. 

2 (3) For weapons and tracked combat vehicles, 

3 $1,693,595,000. 

4 (4) For ammunition, $1,598,302,000. 

5 (5) For other procurement, $5,384,296,000. 

6 SEC. 102. NAVY AND MARINE CORPS. 

7 (a) NAVY.—Funds are hereby authorized to be appro8 priated for fiscal year 2005 for procurement for the Navy 

9 as follows: 

10 (1) For aircraft, $8,870,832,000. 

11 (2) For weapons, including missiles and tor12 pedoes, $2,183,829,000. 

13 (3) For shipbuilding and conversion, 

14 $10,127,027,000. 

15 (4) For other procurement, $4,904,978,000. 

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

17 be appropriated for fiscal year 2005 for procurement for 

18 the Marine Corps in the amount of $1,303,203,000. 

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

20 are hereby authorized to be appropriated for fiscal year 

21 2005 for procurement of ammunition for the Navy and 

22 the Marine Corps in the amount of $873,140,000. 
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1 SEC. 103. AIR FORCE. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2005 for procurement for the Air Force as fol4 lows: 

5 (1) For aircraft, $13,033,674,000. 

6 (2) For missiles, $4,635,613,000. 

7 (3) For ammunition, $1,396,457,000. 

8 (4) For other procurement, $13,298,257,000. 

9 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2005 for Defense-wide procurement in the 

12 amount of $2,967,402,000. 

13 Subtitle B—Army Programs 

14 SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM. 

15 (a) LIMITATION.—Of the funds authorized to be ap16 propriated under section 101(1) for the procurement of 

17 light utility helicopters, $45,000,000 may not be obligated 

18 or expended until 30 days after the date on which the Sec19 retary of the Army submits to the congressional defense 

20 committees a report that contains— 

21 (1) the Secretary’s certification that all re22 quired documentation for the acquisition of light 

23 utility helicopters has been completed and approved; 

24 and 

25 (2) the Army aviation modernization plan re26 quired by subsection (b). 
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1 (b) ARMY AVIATION MODERNIZATION PLAN.—(1) 

2 Not later than March 1, 2005, the Secretary of the Army 

3 shall submit to the congressional defense committees an 

4 updated modernization plan for Army aviation. 

5 (2) The updated Army aviation modernization plan 

6 shall contain, at a minimum, the following matters: 

7 (A) The analysis on which the plan is based. 

8 (B) A discussion of the Secretary’s decision to 

9 terminate the Comanche helicopter program and to 

10 restructure the aviation force of the Army. 

11 (C) The actions taken or to be taken to accel12 erate the procurement and development of aircraft 

13 survivability equipment for Army aircraft, together 

14 with a detailed list of aircraft survivability equip15 ment that specifies such equipment by platform and 

16 by the related programmatic funding for procure17 ment. 

18 (D) A discussion of the conversion of Apache 

19 helicopters to block III configuration, including the 

20 rationale for converting only 501 Apache helicopters 

21 to that configuration and the costs associated with 

22 a conversion of all Apache helicopters to the block 

23 III configuration. 

24 (E) A discussion of the procurement of light 

25 armed reconnaissance helicopters, including the ra-
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1 tionale for the requirement for light armed recon2 naissance helicopters and a discussion of the costs 

3 associated with upgrading the light armed reconnais4 sance helicopter to meet Army requirements. 

5 (F) The rationale for the Army’s requirement 

6 for light utility helicopters, together with a summary 

7 and copy of the analysis of the alternative means for 

8 meeting such requirement that the Secretary consid9 ered in the determination to procure light utility hel10 icopters, including, at a minimum, the analysis of 

11 the alternative of using light armed reconnaissance 

12 helicopters and UH–60 Black Hawk helicopters in13 stead of light utility helicopters to meet such re14 quirement. 

15 (G) The rationale for the procurement of cargo 

16 fixed-wing aircraft. 

17 (H) The rationale for the initiation of a joint 

18 multi-role helicopter program. 

19 (I) A description of the operational employment 

20 of the Army’s restructured aviation force. 
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1 SEC. 112. AUTHORIZATION OF APPROPRIATIONS FOR UP2 ARMORED HIGH MOBILITY MULTI-PURPOSE 

3 WHEELED VEHICLES OR WHEELED VEHICLE 

4 BALLISTIC ADD-ON ARMOR PROTECTION. 

5 (a) ADDITIONAL AMOUNT FOR OTHER PROCURE6 MENT, ARMY.—Funds are hereby authorized to be appro7 priated for the Army for fiscal year 2005 for other pro8 curement in the total amount of $610,000,000. Such 

9 amount is in addition to the total amount authorized to 

10 be appropriated under section 101. 

11 (b) PURPOSES.—The amount authorized to be appro12 priated under subsection (a) shall be available for both of 

13 the following purposes and may be used for either or both 

14 of such purposes: 

15 (1) The procurement of up-armored high mobil16 ity multi-purpose wheeled vehicles at a rate up to 

17 450 such vehicles each month. 

18 (2) The procurement of wheeled vehicle ballistic 

19 add-on armor protection. 

20 (c) ALLOCATION BY SECRETARY OF THE ARMY.—(1) 

21 The Secretary of the Army shall allocate the amount au22 thorized to be appropriated in subsection (a) between the 

23 two purposes set forth in subsection (b) as the Secretary 

24 determines appropriate to meet the requirements of the 

25 Army. 
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1 (2) Not later than 15 days before making an alloca2 tion under paragraph (1), the Secretary shall transmit a 

3 notification of the proposed allocation to the congressional 

4 defense committees. 

5 (d) PROHIBITION ON USE FOR OTHER PURPOSES.— 

6 The amount authorized to be appropriated under sub7 section (a) may not be used for any purpose other than 

8 a purpose specified in subsection (b). 

9 Subtitle C—Navy Programs 

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

11 (a) AUTHORIZATION OF SHIP.—The Secretary of the 

12 Navy is authorized to procure the first amphibious assault 

13 ship of the LHA(R) class, subject to the availability of 

14 appropriations for that purpose. 

15 (b) AUTHORIZED AMOUNT.—Of the amount author16 ized to be appropriated under section 102(a)(3) for fiscal 

17 year 2005, $150,000,000 shall be available for the ad18 vance procurement and advance construction of compo19 nents for the first amphibious assault ship of the LHA(R) 

20 class. The Secretary of the Navy may enter into a contract 

21 or contracts with the shipbuilder and other entities for the 

22 advance procurement and advance construction of those 

23 components. 
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1 SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR THE 

2 LIGHT WEIGHT 155-MILLIMETER HOWITZER 

3 PROGRAM. 

4 (a) AUTHORITY.—Beginning with the fiscal year 

5 2005 program year, the Secretary of the Navy may, in 

6 accordance with section 2306b of title 10, United States 

7 Code, enter into a multiyear contract for the procurement 

8 of the light weight 155-millimeter howitzer. 

9 (b) LIMITATION.—The Secretary may not enter into 

10 a multiyear contract for the procurement of light weight 

11 155 millimeter howitzers under subsection (a) until the 

12 Secretary determines on the basis of operational testing 

13 that the light weight 155-millimeter howitzer is effective 

14 for fleet use. 

15 SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF 

16 SUBMARINE ENGINEERED REFUELING OVER17 HAUL AND CONVERSION. 

18 (a) ESTABLISHMENT.—The Secretary of the Navy 

19 may carry out a pilot program of flexible funding of engi20 neered refueling overhauls and conversions of submarines 

21 in accordance with this section. 

22 (b) AUTHORITY.—Under the pilot program, the Sec23 retary of the Navy may, subject to subsection (d), transfer 

24 amounts described in subsection (c) to the appropriation 

25 for the Navy for procurement for shipbuilding and conver26 sion for any fiscal year to continue to provide funds for 
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1 any engineered refueling conversion or overhaul of a sub2 marine of the Navy for which funds were initially provided 

3 from the appropriation to which transferred. 

4 (c) FUNDS AVAILABLE FOR TRANSFER.—The 

5 amounts available for transfer under this section are 

6 amounts appropriated to the Navy for any fiscal year after 

7 fiscal year 2004 and before fiscal year 2013 for the fol8 lowing purposes: 

9 (1) For procurement as follows: 

10 (A) For shipbuilding and conversion. 

11 (B) For weapons procurement. 

12 (C) For other procurement. 

13 (2) For operation and maintenance. 

14 (d) LIMITATIONS.—(1) A transfer may be made with 

15 respect to a submarine under this section only to meet 

16 either (or both) of the following requirements: 

17 (A) An increase in the size of the workload for 

18 engineered refueling overhaul and conversion to meet 

19 existing requirements for the submarine. 

20 (B) A new engineered refueling overhaul and 

21 conversion requirement resulting from a revision of 

22 the original baseline engineered refueling overhaul 

23 and conversion program for the submarine. 

24 (2) A transfer may not be made under this section 

25 before the date that is 30 days after the date on which 
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1 the Secretary of the Navy transmits to the congressional 

2 defense committees a written notification of the intended 

3 transfer. The notification shall include the following mat4 ters: 

5 (A) The purpose of the transfer. 

6 (B) The amounts to be transferred. 

7 (C) Each account from which the funds are to 

8 be transferred. 

9 (D) Each program, project, or activity from 

10 which the funds are to be transferred. 

11 (E) Each account to which the funds are to be 

12 transferred. 

13 (F) A discussion of the implications of the 

14 transfer for the total cost of the submarine engi15 neered refueling overhaul and conversion program 

16 for which the transfer is to be made. 

17 (e) MERGER OF FUNDS.—Amounts transferred to an 

18 appropriation with respect to the engineered refueling 

19 overhaul and conversion of a submarine under this section 

20 shall be credited to and merged with other funds in the 

21 appropriation to which transferred and shall be available 

22 for the engineered refueling overhaul and conversion of 

23 such submarine for the same period as the appropriation 

24 to which transferred. 
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1 (f) RELATIONSHIP TO OTHER TRANSFER AUTHOR2 ITY.—The authority to transfer funds under this section 

3 is in addition to any other authority provided by law to 

4 transfer appropriated funds and is not subject to any re5 striction, limitation, or procedure that is applicable to the 

6 exercise of any such other authority. 

7 (g) FINAL REPORT.—Not later than October 1, 

8 2011, the Secretary of the Navy shall submit to the con9 gressional defense committees a report containing the Sec10 retary’s evaluation of the efficacy of the authority provided 

11 under this section. 

12 (h) TERMINATION OF PROGRAM.—No transfer may 

13 be made under this section after September 30, 2012. 

14 Subtitle D—Air Force Programs 

15 SEC. 131. PROHIBITION OF RETIREMENT OF 

16 KC–135E AIRCRAFT. 

17 The Secretary of the Air Force may not retire any 

18 KC–135E aircraft of the Air Force in fiscal year 2005. 

19 SEC. 132. PROHIBITION OF RETIREMENT OF 

20 F–117 AIRCRAFT. 

21 No F–117 aircraft in use by the Air Force during 

22 fiscal year 2004 may be retired during fiscal year 2005. 
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1 Subtitle E—Other Matters 

2 SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF PRE3 CISION-GUIDED MUNITIONS. 

4 (a) REQUIREMENT FOR REPORT.—Not later than 

5 March 1, 2005, the Secretary of Defense shall submit a 

6 report on options for the acquisition of precision-guided 

7 munitions to the congressional defense committees. 

8 (b) CONTENT OF REPORT.—The report shall include 

9 the following matters: 

10 (1) A list of the precision-guided munitions in 

11 the inventory of the Department of Defense. 

12 (2) For each such munition— 

13 (A) the inventory level as of the most re14 cent date that it is feasible to specify when the 

15 report is prepared; 

16 (B) the inventory objective that is nec17 essary to execute the current National Military 

18 Strategy prescribed by the Chairman of the 

19 Joint Chiefs of Staff; 

20 (C) the year in which that inventory objec21 tive would be expected to be achieved— 

22 (i) if the munition were procured at 

23 the minimum sustained production rate; 

24 (ii) if the munition were procured at 

25 the most economic production rate; and 
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1 (iii) if the munition were procured at 

2 the maximum production rate; and 

3 (D) the procurement cost (in constant fis4 cal year 2004 dollars) at each of the production 

5 rates specified in subparagraph (C). 

6 TITLE II—RESEARCH, DEVELOP7 MENT, TEST, AND EVALUA8 TION 

9 Subtitle A—Authorization of 

10 Appropriations 

11 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

12 Funds are hereby authorized to be appropriated for 

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

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

15 (1) For the Army, $9,698,958,000. 

16 (2) For the Navy, $16,679,391,000. 

17 (3) For the Air Force, $21,264,267,000. 

18 (4) For Defense-wide activities, 

19 $20,635,937,000, of which $309,135,000 is author20 ized for the Director of Operational Test and Eval21 uation. 

22 SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY. 

23 (a) AMOUNT FOR PROJECTS.—Of the total amount 

24 authorized to be appropriated by section 201, 
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1 $10,998,850,000 shall be available for science and tech2 nology projects. 

3 (b) SCIENCE AND TECHNOLOGY DEFINED.—In this 

4 section, the term ‘‘science and technology project’’ means 

5 work funded in program elements for defense research, de6 velopment, test, and evaluation under Department of De7 fense budget activities 1, 2, or 3. 

8 Subtitle B—Program Require9 ments, Restrictions, and Limita10 tions 

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

12 (a) AUTHORIZATION OF SHIP.—For the second de13 stroyer in the DD(X)-class destroyer program, the Sec14 retary of the Navy is authorized to use funds authorized 

15 to be appropriated to the Navy under section 201(2). 

16 (b) AMOUNT FOR DETAIL DESIGN.—Of the amount 

17 authorized to be appropriated under section 201(2) for fis18 cal year 2005, $99,400,000 shall be available for the detail 

19 design of the second destroyer of the DD(X)-class. 

20 SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE. 

21 Not more than 80 percent of the amount authorized 

22 to be appropriated by section 201(4) and available for the 

23 purpose of research, development, test, and evaluation on 

24 the Global Positioning System III satellite may be obli-
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1 gated or expended for that purpose until the Secretary of 

2 Defense— 

3 (1) completes an analysis of alternatives for the 

4 satellite and ground architectures, satellite tech5 nologies, and tactics, techniques, and procedures for 

6 the next generation global positioning system (GPS); 

7 and 

8 (2) submits to the congressional defense com9 mittees a report on the results of the analysis, in10 cluding an assessment of the results of the analysis. 

11 SEC. 213. INITIATION OF CONCEPT DEMONSTRATION OF 

12 GLOBAL HAWK HIGH ALTITUDE ENDURANCE 

13 UNMANNED AERIAL VEHICLE. 

14 Section 221(c) of the Floyd D. Spence National De15 fense Authorization Act for Fiscal Year 2001 (as enacted 

16 into law by Public Law 106–398; 114 Stat. 1654A–40) 

17 is amended by striking ‘‘March 1, 2001’’ and inserting 

18 ‘‘March 1, 2005’’. 

19 SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PRO20 GRAM. 

21 (a) EXECUTIVE COMMITTEE.—(1) The Secretary of 

22 Defense shall, subject to subsection (b), establish and re23 quire an executive committee to provide guidance and rec24 ommendations for the management of the Joint Un25 manned Combat Air Systems program to the Director of 
25 

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1 the Defense Advanced Research Projects Agency and the 

2 personnel who are managing the program for such agency. 

3 (2) The executive committee established under para4 graph (1) shall be composed of the following members: 

5 (A) The Under Secretary of Defense for Acqui6 sition, Technology, and Logistics, who shall chair 

7 the executive committee. 

8 (B) The Assistant Secretary of the Navy for 

9 Research, Development, and Acquisition. 

10 (C) The Assistant Secretary of the Air Force 

11 for Acquisition. 

12 (D) The Deputy Chief of Naval Operations for 

13 Warfare Requirements and Programs. 

14 (E) The Deputy Chief of Staff of the Air Force 

15 for Air and Space Operations. 

16 (F) Any additional personnel of the Department 

17 of Defense whom the Secretary determines appro18 priate for membership on the executive committee. 

19 (b) APPLICABILITY ONLY TO DARPA-MANAGED

20 PROGRAM.—The requirements of subsection (a) apply 

21 with respect to the Joint Unmanned Combat Air Systems 

22 program only while the program is managed by the De23 fense Advanced Research Projects Agency. 
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1 SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM. 

2 (a) REQUIREMENT FOR STUDY.—The Secretary of 

3 Defense shall require the Defense Science Board to con4 duct a study on the Joint Strike Fighter aircraft program. 

5 (b) MATTERS TO BE STUDIED.—The study shall in6 clude, for each of the three variants of the Joint Strike 

7 Fighter aircraft, the following matters: 

8 (1) The current status. 

9 (2) The extent of the effects of excess aircraft 

10 weight on estimated performance. 

11 (3) The validity of the technical approaches 

12 being considered to achieve the required perform13 ance. 

14 (4) The risks of those technical approaches. 

15 (5) A list of any alternative technical ap16 proaches that have the potential to achieve the re17 quired performance. 

18 (c) REPORT.—The Secretary shall submit a report on 

19 the results of the study to the congressional defense com20 mittees at the same time that the President submits the 

21 budget for fiscal year 2006 to Congress under section 

22 1105(a) of title 31, United States Code. 

23 SEC. 216. JOINT EXPERIMENTATION. 

24 (a) DEFENSE-WIDE PROGRAM ELEMENT.—The Sec25 retary of Defense shall plan, program, and budget for all 

26 joint experimentation of the Armed Forces as a separate, 
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1 dedicated program element under research, development, 

2 test, and evaluation, Defense-wide activities. 

3 (b) APPLICABILITY TO FISCAL YEARS AFTER FISCAL

4 YEAR 2005.—This section shall apply with respect to fis5 cal years beginning after 2005. 

6 Subtitle C—Ballistic Missile 

7 Defense 

8 SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA9 BILITIES. 

10 Funds authorized to be appropriated under section 

11 201(4) for the Missile Defense Agency may be used for 

12 the development and fielding of an initial set of ballistic 

13 missile defense capabilities. 

14 SEC. 222. PATRIOT ADVANCE CAPABILITY–3 AND MEDIUM 

15 EXTENDED AIR DEFENSE SYSTEM. 

16 (a) OVERSIGHT.—In the management of the com17 bined program for the acquisition of the Patriot Advanced 

18 Capability–3 missile system and the Medium Extended Air 

19 Defense System, the Secretary of Defense shall require the 

20 Secretary of the Army to obtain the approval of the Direc21 tor of the Missile Defense Agency before the Secretary of 

22 the Army— 

23 (1) either— 

24 (A) changes any system level technical 

25 specifications that are in effect under the pro-
28 

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1 gram as of the date of the enactment of this 

2 Act; or 

3 (B) establishes any new system level tech4 nical specifications after such date; 

5 (2) makes any significant change in a procure6 ment quantity (including any quantity in any future 

7 block procurement) that, as of such date, is planned 

8 for— 

9 (A) the Patriot Advanced Capabilities–3 

10 missile system; or 

11 (B) PAC–3 configuration–3 radars, 

12 launchers, or fire control units; or 

13 (3) changes the baseline development schedule 

14 that is in effect for the program as of the date of 

15 the enactment of this Act. 

16 (b) DEFINITIONS.—In this section: 

17 (1) The term ‘‘system level technical specifica18 tions’’, with respect to a system to which this section 

19 applies, means technical specifications expressed in 

20 terms of technical performance, including test speci21 fications, that affect the ability of the system to con22 tribute to the capability of the ballistic missile de23 fense system of the United States, as determined by 

24 the Director of the Missile Defense Agency. 
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1 (2) The term ‘‘significant change’’, with respect 

2 to a planned procurement quantity, means any 

3 change of such quantity that would result in a sig4 nificant change in the contribution that, as of the 

5 date of the enactment of this Act, is planned for the 

6 Patriot Advanced Capability–3 system to make to 

7 the ballistic missile defense system of the United 

8 States. 

9 (3) The term ‘‘baseline development schedule’’ 

10 means the schedule on which technology upgrades 

11 for the combined acquisition program referred to in 

12 subsection (a) are planned for development. 

13 (4) The terms ‘‘Patriot Advanced Capability–3’’ 

14 and ‘‘PAC–3 configuration–3’’— 

15 (A) mean the air and missile defense sys16 tem that, as of June 1, 2004, is referred to by 

17 either such name in the management of the 

18 combined acquisition program referred to in 

19 subsection (a); and 

20 (B) include such system as it is improved 

21 with new air and missile defense technologies. 

22 SEC. 223. COMPTROLLER GENERAL ASSESSMENTS OF BAL23 LISTIC MISSILE DEFENSE PROGRAMS. 

24 (a) ANNUAL ASSESSMENTS.—At the conclusion of 

25 each of 2004 through 2009, the Comptroller General of 
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1 the United States shall conduct an assessment of the ex2 tent to which each ballistic missile defense program met 

3 the cost, scheduling, testing, and performance goals for 

4 such program for such year as established pursuant to sec5 tion 232(c) of the National Defense Authorization Act for 

6 Fiscal Year 2002 (10 U.S.C. 2431 note). 

7 (b) REPORTS ON ANNUAL ASSESSMENTS.—Not later 

8 than February 15 of each of 2005 through 2010, the 

9 Comptroller General shall submit to the congressional de10 fense committees a report on the assessment conducted 

11 by the Comptroller General under subsection (a) for the 

12 previous year. 

13 Subtitle D—Other Matters 

14 SEC. 231. ANNUAL REPORT ON SUBMARINE TECHNOLOGY 

15 INSERTION. 

16 (a) REPORT REQUIRED.—(1) For each of fiscal years 

17 2006, 2007, 2008, and 2009, the Secretary of Defense 

18 shall submit to the congressional defense committees a re19 port on the submarine technologies that are available or 

20 potentially available for insertion in submarines of the 

21 Navy to reduce the production and operating costs of the 

22 submarines while maintaining or improving the effective23 ness of the submarines. 

24 (2) The annual report for a fiscal year under para25 graph (1) shall be submitted at the same time that the 
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1 President submits to Congress the budget for that fiscal 

2 year under section 1105(a) of title 31, United States 

3 Code. 

4 (b) CONTENT.—The report on submarine tech5 nologies under subsection (a) shall include, for each class 

6 of submarines of the Navy, the following matters: 

7 (1) A list of the technologies that have been 

8 demonstrated, together with— 

9 (A) a plan for the insertion of any such 

10 technologies that have been determined appro11 priate for such submarines; and 

12 (B) the estimated cost of such technology 

13 insertions. 

14 (2) A list of the technologies that have not been 

15 demonstrated, together with a plan for the dem16 onstration of any such technologies that have the po17 tential for being appropriate for such submarines. 

18 TITLE III—OPERATION AND 

19 MAINTENANCE 

20 Subtitle A—Authorization of 

21 Appropriations 

22 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

23 Funds are hereby authorized to be appropriated for 

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

25 activities and agencies of the Department of Defense for 
32 

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1 expenses, not otherwise provided for, for operation and 

2 maintenance, in amounts as follows: 

3 (1) For the Army, $26,305,611,000. 

4 (2) For the Navy, $29,702,790,000. 

5 (3) For the Marine Corps, $3,682,727,000. 

6 (4) For the Air Force, $27,423,560,000. 

7 (5) For Defense-wide activities, 

8 $17,453,576,000. 

9 (6) For the Army Reserve, $1,925,728,000. 

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

11 (8) For the Marine Corps Reserve, 

12 $197,496,000. 

13 (9) For the Air Force Reserve, $2,154,790,000. 

14 (10) For the Army National Guard, 

15 $4,227,236,000. 

16 (11) For the Air National Guard, 

17 $4,366,738,000. 

18 (12) For the United States Court of Appeals 

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

20 (13) For Environmental Restoration, Army, 

21 $405,598,000. 

22 (14) For Environmental Restoration, Navy, 

23 $266,820,000. 

24 (15) For Environmental Restoration, Air Force, 

25 $397,368,000. 
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1 (16) For Environmental Restoration, Defense2 wide, $23,684,000. 

3 (17) For Environmental Restoration, Formerly 

4 Used Defense Sites, $256,516,000. 

5 (18) For Overseas Humanitarian, Disaster, and 

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

7 (19) For Cooperative Threat Reduction pro8 grams, $409,200,000. 

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 $1,625,686,000. 

17 (2) For the National Defense Sealift Fund, 

18 $1,269,252,000. 

19 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

20 (a) DEFENSE HEALTH PROGRAM.—Funds are here21 by authorized to be appropriated for the Department of 

22 Defense for fiscal year 2005 for expenses, not otherwise 

23 provided for, for the Defense Health Program, 

24 $17,992,211,000, of which— 
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1 (1) $17,555,169,000 is for Operation and 

2 Maintenance; 

3 (2) $72,407,000 is for Research, Development, 

4 Test, and Evaluation; and 

5 (3) $364,635,000 is for Procurement. 

6 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC7 TION, DEFENSE.—(1) Funds are hereby authorized to be 

8 appropriated for the Department of Defense for fiscal year 

9 2005 for expenses, not otherwise provided for, for Chem10 ical Agents and Munitions Destruction, Defense, 

11 $1,518,990,000, of which— 

12 (A) $1,138,801,000 is for Operation and Main13 tenance; 

14 (B) $301,209,000 is for Research, Develop15 ment, Test, and Evaluation; and 

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

17 (2) Amounts authorized to be appropriated under 

18 paragraph (1) are authorized for— 

19 (A) the destruction of lethal chemical agents 

20 and munitions in accordance with section 1412 of 

21 the Department of Defense Authorization Act, 1986 

22 (50 U.S.C. 1521); and 

23 (B) the destruction of chemical warfare mate24 riel of the United States that is not covered by sec25 tion 1412 of such Act. 
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1 (c) DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

3 to be appropriated for the Department of Defense for fis4 cal year 2005 for expenses, not otherwise provided for, for 

5 Drug Interdiction and Counter-Drug Activities, Defense6 wide, $852,697,000. 

7 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

8 hereby authorized to be appropriated for the Department 

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

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

11 the Department of Defense, $164,562,000, of which— 

12 (1) $162,362,000 is for Operation and Mainte13 nance; 

14 (2) $100,000 is for Research, Development, 

15 Test, and Evaluation; and 

16 (3) $2,100,000 is for Procurement. 

17 Subtitle B—Program Require18 ments, Restrictions, and Limita19 tions 

20 SEC. 311. COMMANDER’S EMERGENCY RESPONSE PRO21 GRAM. 

22 (a) FUNDING.—Of the amounts authorized to be ap23 propriated for fiscal year 2005 by section 301(5) for oper24 ation and maintenance for Defense-wide activities, not 
36 

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1 more than $300,000,000 may be made available in fiscal 

2 year 2005 for the following: 

3 (1) The Commander’s Emergency Response 

4 Program, which was established by the Adminis5 trator of the Coalition Provisional Authority for the 

6 purpose of enabling United States military com7 manders in Iraq to respond to urgent humanitarian 

8 relief and reconstruction needs within their areas of 

9 responsibility by carrying out programs to provide 

10 immediate assistance to the people of Iraq. 

11 (2) A similar program to enable United States 

12 military commanders in Afghanistan to respond in 

13 such manner to similar needs in Afghanistan. 

14 (b) QUARTERLY REPORTS REQUIRED.—The Sec15 retary of Defense shall submit to the congressional defense 

16 committees on a quarterly basis reports on the use of 

17 amounts made available under subsection (a). 

18 SEC. 312. LIMITATION ON TRANSFERS OUT OF WORKING 

19 CAPITAL FUNDS. 

20 Section 2208 of title 10, United States Code, is 

21 amended by adding at the end the following new sub22 section: 

23 ‘‘(r) LIMITATION ON TRANSFERS.—(1) Notwith24 standing any authority for transfer of funds provided in 

25 this section, no transfer may be made out of a working 
37 

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1 capital fund or between or among working capital funds 

2 under such authority unless the Secretary of Defense has 

3 submitted a notification of the proposed transfer to the 

4 congressional defense committees in accordance with cus5 tomary procedures. 

6 ‘‘(2) The amount of a transfer covered by a notifica7 tion under paragraph (1) that is proposed to be made in 

8 a fiscal year does not count for the purpose of any limita9 tion on the total amount of transfers that may be made 

10 for that fiscal year under authority provided to the Sec11 retary of Defense in a law authorizing appropriations for 

12 a fiscal year for military activities of the Department of 

13 Defense or a law making appropriations for the Depart14 ment of Defense.’’. 

15 Subtitle C—Environmental 

16 Provisions 

17 SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS 

18 IN CONNECTION WITH DEFENSE ENVIRON19 MENTAL RESTORATION PROGRAM. 

20 (a) PAYMENT FOR ACTIVITIES AT FORMER DEFENSE

21 PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL RE22 MEDIAL ACTION.—Section 2701(d) of title 10, United 

23 States Code, is amended— 

24 (1) in paragraph (1), by striking ‘‘paragraph 

25 (3)’’ and inserting ‘‘paragraph (4)’’; 
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1 (2) by redesignating paragraphs (2), (3), and 

2 (4), as paragraphs (3), (4), and (5), respectively; 

3 and 

4 (3) by inserting after paragraph (1) the fol5 lowing new paragraph (2): 

6 ‘‘(2) ACTIVITIES AT CERTAIN FORMER DE7 FENSE PROPERTY.—In addition to agreements under 

8 paragraph (1), the Secretary may also enter into 

9 agreements with owners of property subject to a cov10 enant provided by the United States under section 

11 120(h)(3)(A)(ii) of CERCLA (42 U.S.C. 

12 9620(h)(3)(A)(ii)) to reimburse the owners of such 

13 property for activities under this section with respect 

14 to such property by reason of the covenant.’’. 

15 (b) SOURCE OF FUNDS FOR FORMER BRAC PROP16 ERTY SUBJECT TO COVENANT FOR ADDITIONAL REME17 DIAL ACTION.—Section 2703 of such title is amended— 

18 (1) in subsection (g)(1), by striking ‘‘The sole 

19 source’’ and inserting ‘‘Except as provided in sub20 section (h), the sole source’’; and 

21 (2) by adding at the end the following new sub22 section: 

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

24 REMEDIATION AT CERTAIN BASE REALIGNMENT AND

25 CLOSURE SITES.—In the case of property disposed of pur-
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1 suant to a base closure law and subject to a covenant de2 scribed in section 2701(d)(2) of this title, the sole source 

3 of funds for activities under such section shall be the base 

4 closure account established under the applicable base clo5 sure law.’’. 

6 SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL PROTEC7 TION AGENCY FOR CERTAIN COSTS IN CON8 NECTION WITH MOSES LAKE WELLFIELD 

9 SUPERFUND SITE, MOSES LAKE, WASH10 INGTON. 

11 (a) AUTHORITY TO REIMBURSE.—(1) Using funds 

12 described in subsection (b), the Secretary of Defense may 

13 transfer not more than $524,926.54 to the Moses Lake 

14 Wellfield Superfund Site 10–6J Special Account. 

15 (2) The payment under paragraph (1) is to reimburse 

16 the Environmental Protection Agency for its costs, includ17 ing interest, incurred in overseeing a remedial investiga18 tion/feasibility study performed by the Department of the 

19 Army under the Defense Environmental Restoration Pro20 gram at the former Larson Air Force Base, Moses Lake 

21 Superfund Site, Moses Lake, Washington. 

22 (3) The reimbursement described in paragraph (2) is 

23 provided for in the interagency agreement entered into by 

24 the Department of the Army and the Environmental Pro-
40 

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1 tection Agency for the Moses Lake Wellfield Superfund 

2 Site in March 1999. 

3 (b) SOURCE OF FUNDS.—Any payment under sub4 section (a) shall be made using funds authorized to be ap5 propriated by section 301(17) for operation and mainte6 nance for Environmental Restoration, Formerly Used De7 fense Sites. 

8 (c) USE OF FUNDS.—The Environmental Protection 

9 Agency shall use the amount transferred under subsection 

10 (a) to pay costs incurred by the Agency at the Moses Lake 

11 Wellfield Superfund Site. 

12 SEC. 323. SATISFACTION OF CERTAIN AUDIT REQUIRE13 MENTS BY THE INSPECTOR GENERAL OF THE 

14 DEPARTMENT OF DEFENSE. 

15 (a) SATISFACTION OF REQUIREMENTS.—The Inspec16 tor General of the Department of Defense shall be deemed 

17 to be in compliance with the requirements of subsection 

18 (k) of section 111 of Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 1980 (42 

20 U.S.C. 9611) if the Inspector General conducts periodic 

21 audits of the payments, obligations, reimbursements and 

22 other uses of the Fund described in that section, even if 

23 such audits do not occur on an annual basis. 

24 (b) REPORTS TO CONGRESS ON AUDITS.—The In25 spector General shall submit to Congress a report on each 
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1 audit conducted by the Inspector General as described in 

2 subsection (a). 

3 SEC. 324. COMPTROLLER GENERAL STUDY AND REPORT ON 

4 DRINKING WATER CONTAMINATION AND RE5 LATED HEALTH EFFECTS AT CAMP LEJEUNE, 

6 NORTH CAROLINA. 

7 (a) STUDY.—The Comptroller General of the United 

8 States shall conduct a study on drinking water contamina9 tion and related health effects at Camp Lejeune, North 

10 Carolina. The study shall consist of the following: 

11 (1) A study of the history of drinking water 

12 contamination at Camp Lejeune to determine, to the 

13 extent practical— 

14 (A) what contamination has been found in 

15 the drinking water; 

16 (B) the source of such contamination and 

17 when it may have begun; 

18 (C) when Marine Corps officials first be19 came aware of such contamination; 

20 (D) what actions have been taken to ad21 dress such contamination; 

22 (E) the appropriateness of such actions in 

23 light of the state of knowledge regarding con24 tamination of that type, and applicable legal re-
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1 quirements regarding such contamination, as of 

2 the time of such actions; and 

3 (F) any other matters that the Comptroller 

4 General considers appropriate. 

5 (2) An assessment of the study on the possible 

6 health effects associated with the drinking of con7 taminated drinking water at Camp Lejeune as pro8 posed by the Agency for Toxic Substances and Dis9 ease Registry (ATSDR), including whether the pro10 posed study— 

11 (A) will address the appropriate at-risk 

12 populations; 

13 (B) will encompass an appropriate time14 frame; 

15 (C) will consider all relevant health effects; 

16 and 

17 (D) can be completed on an expedited 

18 basis without compromising its quality. 

19 (b) AUTHORITY TO USE EXPERTS.—The Comp20 troller General may use experts in conducting the study 

21 required by subsection (a). Any such experts shall be inde22 pendent, highly qualified, and knowledgeable in the mat23 ters covered by the study. 

24 (c) PARTICIPATION BY OTHER INTERESTED PAR25 TIES.—In conducting the study required by subsection (a), 
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1 the Comptroller General shall ensure that interested par2 ties, including individuals who lived or worked at Camp 

3 Lejeune during the period when the drinking water may 

4 have been contaminated, have the opportunity to submit 

5 information and views on the matters covered by the 

6 study. 

7 (d) CONSTRUCTION WITH ATSDR STUDY.—The re8 quirement under subsection (a) that the Comptroller Gen9 eral conduct the study required by paragraph (2) of that 

10 subsection may not be construed as a basis for the delay 

11 of the study proposed by Agency for Toxic Substances and 

12 Disease Registry as described in that subsection, but is 

13 intended to provide an independent review of the appro14 priateness and credibility of the study proposed by the 

15 Agency and to identify possible improvements in the plan 

16 or implementation of the study proposed by the Agency. 

17 (e) REPORT.—(1) Not later than one year after the 

18 date of the enactment of this Act, the Comptroller General 

19 shall submit to the congressional defense committees a re20 port on the study required by subsection (a), including 

21 such recommendations as the Comptroller General con22 siders appropriate for further study or for legislative or 

23 other action. 

24 (2) Recommendations under paragraph (1) may in25 clude recommendations for modifications or additions to 
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1 the study proposed by the Agency for Toxic Substances 

2 and Disease Registry, as described in subsection (a)(2), 

3 in order to improve the study. 

4 SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF ENVIRON5 MENTAL REMEDIATION, FRONT ROYAL, VIR6 GINIA. 

7 Section 591(a)(2) of the Water Resources Develop8 ment Act of 1999 (Public Law 106–53; 113 Stat. 378) 

9 is amended by striking ‘‘$12,000,000’’ and inserting 

10 ‘‘$22,000,000’’. 

11 Subtitle D—Depot-Level 

12 Maintenance and Repair 

13 SEC. 331. SIMPLIFICATION OF ANNUAL REPORTING RE14 QUIREMENTS CONCERNING FUNDS EX15 PENDED FOR DEPOT MAINTENANCE AND RE16 PAIR WORKLOADS. 

17 (a) CONSOLIDATION AND REVISION OF DEPART18 MENTAL REPORTING REQUIREMENTS.—Section 2466(d) 

19 of title 10, United States Code, is amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘February 1’’ and inserting 

22 ‘‘April 1’’; and 

23 (B) by striking ‘‘the preceding two fiscal 

24 years’’ and inserting ‘‘the preceding fiscal year 

25 and are projected to be expended in the fiscal 
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1 year in which submitted and ensuing fiscal 

2 years’’; and 

3 (2) by striking paragraph (2). 

4 (b) TIMING AND CONTENT OF GAO VIEWS.—Para5 graph (3) of such section— 

6 (1) is redesignated as paragraph (2); and 

7 (2) is amended— 

8 (A) by striking ‘‘60 days’’ and inserting 

9 ‘‘90 days’’; and 

10 (B) by striking ‘‘whether—’’ and all that 

11 follows and inserting the following: ‘‘whether 

12 the Department of Defense has complied with 

13 the requirements of subsection (a) for the fiscal 

14 year preceding the fiscal year in which the re15 port is submitted and whether the expenditure 

16 projections for the other fiscal years covered by 

17 the report are reasonable.’’. 

18 SEC. 332. REPEAL OF REQUIREMENT FOR ANNUAL REPORT 

19 ON MANAGEMENT OF DEPOT EMPLOYEES. 

20 (a) REPEAL.—Section 2472 of title 10, United States 

21 Code, is amended by striking subsection (b). 

22 (b) CONFORMING AMENDMENT.—Subsection (a) of 

23 such section is amended by striking ‘‘(a) PROHIBITION ON

24 MANAGEMENT BY END STRENGTH.—’’. 
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1 SEC. 333. EXTENSION OF SPECIAL TREATMENT FOR CER2 TAIN EXPENDITURES INCURRED IN THE OP3 ERATION OF CENTERS OF INDUSTRIAL AND 

4 TECHNICAL EXCELLENCE. 

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

6 is amended by striking ‘‘through 2006’’ and inserting 

7 ‘‘through 2009’’. 

8 Subtitle E—Extensions of Program 

9 Authorities 

10 SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DE11 FENSE TELECOMMUNICATIONS BENEFIT. 

12 Section 344(c) of the National Defense Authorization 

13 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

14 1449) is amended by striking ‘‘September 30, 2004’’ and 

15 inserting ‘‘September 30, 2006’’. 

16 SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT 

17 PROGRAM INITIATIVE. 

18 Section 343 of the Floyd D. Spence National Defense 

19 Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 

20 note) is amended— 

21 (1) in subsection (a), by striking ‘‘2004’’ and 

22 inserting ‘‘2006’’; and 

23 (2) in subsection (g)— 

24 (A) in paragraph (1), by striking ‘‘2004’’ 

25 and inserting ‘‘2006’’; and 
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1 (B) in paragraph (2), by striking ‘‘2003’’ 

2 and inserting ‘‘2005’’. 

3 SEC. 343. REAUTHORIZATION OF WARRANTY CLAIMS RE4 COVERY PILOT PROGRAM. 

5 Section 391(f) of the National Defense Authorization 

6 Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 

7 2304 note) is amended by striking ‘‘September 30, 2004’’ 

8 and inserting ‘‘September 30, 2006’’. 

9 Subtitle F—Defense Dependents 

10 Education 

11 SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 

12 THAT BENEFIT DEPENDENTS OF MEMBERS 

13 OF THE ARMED FORCES AND DEPARTMENT 

14 OF DEFENSE CIVILIAN EMPLOYEES. 

15 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

16 PROGRAM FOR FISCAL YEAR 2005.—Of the amount au17 thorized to be appropriated pursuant to section 301(5) for 

18 operation and maintenance for Defense-wide activities, 

19 $30,000,000 shall be available only for the purpose of pro20 viding educational agencies assistance to local educational 

21 agencies. 

22 (b) NOTIFICATION.—Not later than June 30, 2005, 

23 the Secretary of Defense shall notify each local edu24 cational agency that is eligible for educational agencies as25 sistance for fiscal year 2005 of— 
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1 (1) that agency’s eligibility for the assistance; 

2 and 

3 (2) the amount of the assistance for which that 

4 agency is eligible. 

5 (c) DISBURSEMENT OF FUNDS.—The Secretary of 

6 Defense shall disburse funds made available under sub7 section (a) not later than 30 days after the date on which 

8 notification to the eligible local educational agencies is 

9 provided pursuant to subsection (b). 

10 (d) DEFINITIONS.—In this section: 

11 (1) The term ‘‘educational agencies assistance’’ 

12 means assistance authorized under section 386(b) of 

13 the National Defense Authorization Act for Fiscal 

14 Year 1993 (Public Law 102–484; 20 U.S.C. 7703 

15 note). 

16 (2) The term ‘‘local educational agency’’ has 

17 the meaning given that term in section 8013(9) of 

18 the Elementary and Secondary Education Act of 

19 1965 (20 U.S.C. 7713(9)). 

20 (3) The term ‘‘basic support payment’’ means 

21 a payment authorized under section 8003(b)(1) of 

22 the Elementary and Secondary Education Act of 

23 1965 (20 U.S.C. 7703(b)(1)). 
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1 SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DIS2 ABILITIES. 

3 Of the amount authorized to be appropriated pursu4 ant to section 301(5) for operation and maintenance for 

5 Defense-wide activities, $5,000,000 shall be available for 

6 payments under section 363 of the Floyd D. Spence Na7 tional Defense Authorization Act for Fiscal Year 2001 (as 

8 enacted into law by Public Law 106–398; 114 Stat. 

9 1654A–77; 20 U.S.C. 7703a). 

10 Subtitle G—Other Matters 

11 SEC. 361. CHARGES FOR DEFENSE LOGISTICS INFORMA12 TION SERVICES MATERIALS. 

13 (a) AUTHORITY.—Subchapter I of chapter 8 of title 

14 10, United States Code, is amended by adding at the end 

15 the following new section: 

16 ‘‘§ 197. Defense Logistics Agency: fees charged for lo17 gistics information 

18 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

19 charge fees for providing information in the Federal Lo20 gistics Information System through Defense Logistics In21 formation Services to a department or agency of the exec22 utive branch outside the Department of Defense, or to a 

23 State, a political subdivision of a State, or any person. 

24 ‘‘(b) AMOUNT.—The fee or fees prescribed under sub25 section (a) shall be such amount or amounts as the Sec26 retary of Defense determines appropriate for recovering 
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1 the costs of providing information as described in such 

2 subsection. 

3 ‘‘(c) RETENTION OF FEES.—Fees collected under 

4 this section shall be credited to the appropriation available 

5 for Defense Logistics Information Services for the fiscal 

6 year in which collected, shall be merged with other sums 

7 in such appropriation, and shall be available for the same 

8 purposes and period as the appropriation with which 

9 merged. 

10 ‘‘(d) DEFENSE LOGISTICS INFORMATION SERVICES

11 DEFINED.—In this section, the term ‘Defense Logistics 

12 Information Services’ means the organization within the 

13 Defense Logistics Agency that is known as Defense Logis14 tics Information Services.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such subchapter is amended by adding 

17 at the end the following new item: 

‘‘197. Defense Logistics Agency: fees charged for logistics information.’’. 

18 SEC. 362. TEMPORARY AUTHORITY FOR CONTRACTOR PER19 FORMANCE OF SECURITY-GUARD FUNC20 TIONS. 

21 (a) CONDITIONAL EXTENSION OF AUTHORITY.— 

22 Subsection (c) of section 332 of the Bob Stump National 

23 Defense Authorization Act for Fiscal Year 2003 (Public 

24 Law 107–314; 116 Stat. 2513) is amended— 
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1 (1) by inserting ‘‘(1)’’ after ‘‘AUTHORITY.—’’; 

2 and 

3 (2) by striking ‘‘at the end of the three-year pe4 riod’’ and all that follows through the period at the 

5 end and inserting ‘‘at the end of September 30, 

6 2006, except that such authority shall not be in ef7 fect under this section for any period after Decem8 ber 1, 2004, during which the Secretary has failed 

9 to comply with the requirement to submit the plan 

10 under subsection (d)(2). 

11 ‘‘(2) No security-guard functions may be performed 

12 under any contract entered into using the authority pro13 vided under this section during any period for which the 

14 authority for contractor performance of security-guard 

15 functions under this section is not in effect. 

16 ‘‘(3) The term of any contract entered into using the 

17 authority provided under this section may not extend be18 yond the date of the expiration of authority under para19 graph (1).’’. 

20 (b) REAFFIRMATION AND REVISION OF REPORTING

21 REQUIREMENT.—Subsection (d) of such section is amend22 ed— 

23 (1) by striking ‘‘180 days after the date of the 

24 enactment of this Act,’’ and inserting ‘‘December 1, 

25 2004,’’; 
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1 (2) by redesignating paragraphs (1) and (2) as 

2 paragraphs (2) and (4), respectively; 

3 (3) by inserting after ‘‘shall—’’ the following 

4 new paragraph: 

5 ‘‘(1) identify each contract for the performance 

6 of security-guard functions entered into pursuant to 

7 the authority in subsection (a) on or before Sep8 tember 30, 2004, including information regarding— 

9 ‘‘(A) each installation at which such secu10 rity-guard functions are performed or are to be 

11 performed; 

12 ‘‘(B) the period and amount of such con13 tract; 

14 ‘‘(C) the number of security guards em15 ployed or to be employed under such contract; 

16 and 

17 ‘‘(D) the actions taken or to be taken with18 in the Department of Defense to ensure that 

19 the conditions applicable under paragraph (1) 

20 of subsection (a) or determined under para21 graph (2) of such subsection are satisfied;’’; 

22 (4) by striking ‘‘and’’ at the end of paragraph 

23 (2), as redesignated by paragraph (2); and 

24 (5) by inserting after paragraph (2), as so re25 designated, the following new paragraph: 
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1 ‘‘(3) identify any limitation or constraint on the 

2 end strength of the civilian workforce of the Depart3 ment of Defense that makes it difficult to meet re4 quirements identified under paragraph (2) by hiring 

5 personnel as civilian employees of the Department of 

6 Defense; and’’. 

7 SEC. 363. PILOT PROGRAM FOR PURCHASE OF CERTAIN 

8 MUNICIPAL SERVICES FOR DEPARTMENT OF 

9 DEFENSE INSTALLATIONS. 

10 (a) AUTHORITY.—The Secretary of Defense may 

11 carry out a pilot program to provide for the purchase of 

12 certain services needed for a Department of Defense in13 stallation from a county or municipality where the instal14 lation is located. 

15 (b) PURPOSE OF PROGRAM.—The purpose of the 

16 pilot program is to provide the Secretary with a basis for 

17 evaluating the efficacy of purchasing public works, utility, 

18 and other services needed for Department of Defense in19 stallations from counties or municipalities where the in20 stallations are located. 

21 (c) SERVICES AUTHORIZED FOR PROCUREMENT.— 

22 Only the following services may be purchased for a partici23 pating installation under the pilot program: 

24 (1) Refuse collection. 

25 (2) Refuse disposal. 
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1 (3) Library services. 

2 (4) Recreation services. 

3 (5) Facility maintenance and repair. 

4 (6) Utilities. 

5 (d) PROGRAM INSTALLATIONS.—The Secretary of 

6 each military department may designate under this section 

7 not more than two installations of such military depart8 ment for participation in the pilot program. Only installa9 tions located in the United States are eligible for designa10 tion under this subsection. 

11 (e) REPORT.—Not later than February 1, 2010, the 

12 Secretary of Defense shall submit to Congress a report 

13 on any pilot program carried out under this section. The 

14 report shall include— 

15 (1) the Secretary’s evaluation of the efficacy of 

16 purchasing public works, utility, and other services 

17 for Department of Defense installations from coun18 ties or municipalities where the installations are lo19 cated; and 

20 (2) any recommendations that the Secretary 

21 considers appropriate regarding authority to make 

22 such purchases. 

23 (f) PERIOD OF PILOT PROGRAM.—The pilot program 

24 may be carried out during fiscal years 2005 through 2010. 
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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. ADDITIONAL AUTHORITY FOR INCREASES OF 

12 ARMY ACTIVE DUTY PERSONNEL END 

13 STRENGTHS FOR FISCAL YEARS 2005 

14 THROUGH 2009. 

15 (a) AUTHORITY.—During fiscal years 2005 through 

16 2009, the Secretary of Defense is authorized to increase 

17 by up to 30,000 the end strength authorized for the Army 

18 for such fiscal year under section 115(a)(1)(A) of title 10, 

19 United States Code, as necessary to support the oper20 ational mission of the Army in Iraq and Afghanistan and 

21 to achieve transformational reorganization objectives of 

22 the Army, including objectives for increased numbers of 

23 combat brigades, unit manning, force stabilization and 

24 shaping, and rebalancing of the active and reserve compo25 nent forces of the Army. 
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1 (b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU2 THORITY.—Nothing in this section shall be construed to 

3 limit the President’s authority under section 123a of title 

4 10, United States Code, to waive any statutory end 

5 strength in a time of war or national emergency. 

6 (c) RELATIONSHIP TO OTHER VARIANCE AUTHOR7 ITY.—The authority under subsection (a) is in addition 

8 to the authority to vary authorized end strengths that is 

9 provided in subsections (e) and (f) of section 115 of title 

10 10, United States Code. 

11 (d) BUDGET TREATMENT.—If the Secretary of De12 fense plans to increase the Army active duty end strength 

13 for a fiscal year under subsection (a) of this section or 

14 pursuant to a suspension of end-strength limitation under 

15 section 123a of title 10, United States Code, then the 

16 budget for the Department of Defense for such fiscal year 

17 as submitted to Congress shall specify the amounts nec18 essary for funding the active duty end strength of the 

19 Army in excess of 482,400 (the end strength authorized 

20 for active duty personnel of the Army for fiscal year 2004 

21 in section 401(1) of the National Defense Authorization 

22 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

23 1450)). 
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1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

4 strengths for Selected Reserve personnel of the reserve 

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

6 (1) The Army National Guard of the United 

7 States, 350,000. 

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

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

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

11 (5) The Air National Guard of the United 

12 States, 106,800. 

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

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

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

16 subsection (a) for the Selected Reserve of any reserve com17 ponent shall be proportionately reduced by— 

18 (1) the total authorized strength of units orga19 nized to serve as units of the Selected Reserve of 

20 such component which are on active duty (other 

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

22 (2) the total number of individual members not 

23 in units organized to serve as units of the Selected 

24 Reserve of such component who are on active duty 

25 (other than for training or for unsatisfactory partici-
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1 pation in training) without their consent at the end 

2 of the fiscal year. 

3 Whenever such units or such individual members are re4 leased from active duty during any fiscal year, the end 

5 strength prescribed for such fiscal year for the Selected 

6 Reserve of such reserve component shall be proportion7 ately increased by the total authorized strengths of such 

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

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

10 DUTY IN SUPPORT OF THE RESERVES. 

11 Within the end strengths prescribed in section 

12 411(a), the reserve components of the Armed Forces are 

13 authorized, as of September 30, 2005, the following num14 ber of Reserves to be serving on full-time active duty or 

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

16 Guard, for the purpose of organizing, administering, re17 cruiting, instructing, or training the reserve components: 

18 (1) The Army National Guard of the United 

19 States, 26,602. 

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

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

22 (4) The Marine Corps Reserve, 2,261. 

23 (5) The Air National Guard of the United 

24 States, 12,253. 

25 (6) The Air Force Reserve, 1,900. 
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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

2 (DUAL STATUS). 

3 The minimum number of military technicians (dual 

4 status) as of the last day of fiscal year 2005 for the re5 serve components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall 

7 be the following: 

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

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

10 States, 25,076. 

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

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

13 States, 22,956. 

14 SEC. 414. FISCAL YEAR 2005 LIMITATIONS ON NON-DUAL 

15 STATUS TECHNICIANS. 

16 (a) LIMITATIONS.—(1) Within the limitation pro17 vided in section 10217(c)(2) of title 10, United States 

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

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

20 not exceed the following: 

21 (A) For the Army National Guard of the 

22 United States, 1,600. 

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

24 States, 350. 
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1 (2) The number of non-dual status technicians em2 ployed by the Army Reserve as of September 30, 2005, 

3 may not exceed 795. 

4 (3) The number of non-dual status technicians em5 ployed by the Air Force Reserve as of September 30, 

6 2005, may not exceed 90. 

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

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

9 meaning given the term in section 10217(a) of title 10, 

10 United States Code. 

11 SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS 

12 RESERVE OFFICERS IN ACTIVE STATUS IN 

13 GRADES BELOW GENERAL OFFICER. 

14 (a) INCREASED STRENGTHS FOR FIELD GRADE AND

15 COMPANY GRADE OFFICERS.—Section 12005(c)(1), of 

16 title 10, United States Code, is amended by amending the 

17 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.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall take effect on October 1, 2004. 
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1 Subtitle C—Authorizations of 

2 Appropriations 

3 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI4 TARY PERSONNEL. 

5 There is hereby authorized to be appropriated to the 

6 Department of Defense for military personnel for fiscal 

7 year 2005 a total of $104,535,458,000. The authorization 

8 in the preceding sentence supersedes any other authoriza9 tion of appropriations (definite or indefinite) for such pur10 pose for fiscal year 2005. 

11 SEC. 422. ARMED FORCES RETIREMENT HOME. 

12 There is hereby authorized to be appropriated for fis13 cal year 2005 from the Armed Forces Retirement Home 

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

15 the Armed Forces Retirement Home. 

16 TITLE V—MILITARY PERSONNEL 

17 POLICY 

18 Subtitle A—Joint Officer Personnel 

19 Management 

20 SEC. 501. MODIFICATION OF CONDITIONS OF ELIGIBILITY 

21 FOR WAIVER OF JOINT DUTY CREDIT RE22 QUIREMENT FOR PROMOTION TO GENERAL 

23 OR FLAG OFFICER. 

24 (a) CAREER FIELD SPECIALTIES WITH NO JOINT

25 REQUIREMENTS.—Paragraph (2) of section 619a(b) of 
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1 title 10, United States Code, is amended by striking ‘‘sci2 entific and technical qualifications’’ and inserting ‘‘career 

3 field specialty qualifications’’. 

4 (b) OFFICERS SELECTED FOR PROMOTION WHILE IN

5 JOINT DUTY ASSIGNMENT.—Paragraph (4) of such sec6 tion is amended by striking ‘‘if—’’ and all that follows 

7 and inserting ‘‘if the officer’s total consecutive service in 

8 joint duty assignments meets the requirements of section 

9 664 of this title for credit for having completed a full tour 

10 of duty in a joint duty assignment.’’. 

11 SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS. 

12 (a) EDUCATION AND EXPERIENCE REQUIRE13 MENTS.—(1) Subsection (c) of section 661 of title 10, 

14 United States Code, is amended by striking paragraph (1) 

15 and inserting the following: ‘‘(1) An officer shall have the 

16 joint specialty (and shall be designated with a joint spe17 cialty officer identifier) upon— 

18 ‘‘(A) successfully completing (in any se19 quence)— 

20 ‘‘(i) a program accredited by Chairman of 

21 the Joint Chiefs of Staff that is presented by 

22 a joint professional military education institu23 tion; and 

24 ‘‘(ii) a full tour of duty in a joint duty as25 signment; or 
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1 ‘‘(B) completing two full tours of duty in joint 

2 duty assignments.’’. 

3 (2) Subsection (c) of such section is further amend4 ed— 

5 (A) by striking paragraphs (2) and (3); and 

6 (B) by redesignating paragraph (4) as para7 graph (2). 

8 (b) DESIGNATION OF JOINT SPECIALTY GENERAL

9 AND FLAG OFFICER POSITIONS.—Section 661 of such 

10 title is further amended— 

11 (1) by redesignating subsection (f) as sub12 section (g); and 

13 (2) by inserting after subsection (e) the fol14 lowing new subsection (f): 

15 ‘‘(f) JOINT SPECIALTY OFFICER DESIGNATION FOR

16 GENERAL AND FLAG POSITIONS.—(1) The Secretary of 

17 Defense shall ensure that the general and flag officer posi18 tions required to be filled by officers with the joint spe19 cialty as joint duty assignments are designated as such. 

20 ‘‘(2) An officer without the joint specialty may be as21 signed to a position designated under paragraph (1) only 

22 if the Secretary of Defense determines that the assign23 ment of that officer to such position is necessary and 

24 waives the requirement to assign an officer with the joint 

25 specialty to that position.’’. 
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1 SEC. 503. REVISED PROMOTION POLICY OBJECTIVES FOR 

2 JOINT OFFICERS. 

3 (a) QUALIFICATIONS.—Subsection (a) of section 662 

4 of title 10, United States Code, is amended to read as 

5 follows: 

6 ‘‘(a) QUALIFICATIONS.—(1) The Secretary of a mili7 tary department shall prescribe for the officers in each of 

8 the armed forces under the jurisdiction of such Secretary 

9 policies and procedures to ensure that an adequate num10 ber of senior colonels, or in the case of the Navy, senior 

11 captains, who are serving in or have served in joint duty 

12 assignments meet the requirements of section 619a of this 

13 title for eligibility for promotion to brigadier general and 

14 rear admiral (lower half). 

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

16 qualifications of officers assigned to joint duty assign17 ments are such that— 

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

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

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

21 than the rate for officers of the same armed force 

22 in the same grade and competitive category who are 

23 serving on the headquarters staff of their armed 

24 force; and 

25 ‘‘(B) officers who are serving in or have served 

26 in joint duty assignments are expected, as a group, 
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1 to be promoted to the next higher grade at a rate 

2 not less than the rate for all officers of the same 

3 armed force in the same grade and competitive cat4 egory. 

5 ‘‘(3) The Secretary of Defense shall prescribe policies 

6 to ensure that the Secretaries of the military departments 

7 provide for promotion selection boards to give appropriate 

8 consideration to officers who are serving in or have served 

9 in joint duty assignments and are eligible for consideration 

10 by such boards.’’. 

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

12 such section is amended by striking ‘‘paragraphs (1), (2), 

13 and (3) of subsection (a)’’ and inserting ‘‘subparagraphs 

14 (A) and (B) of subsection (a)(2)’’. 

15 SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS. 

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

17 amended by striking subsection (b) and all that follows 

18 and inserting the following new subsections: 

19 ‘‘(b) FULL CREDIT FOR JOINT DUTY.—An officer 

20 shall be credited with having completed a full tour of duty 

21 in a joint duty assignment upon the completion of any of 

22 the following: 

23 ‘‘(1) Service in a joint duty assignment that 

24 meets the standards of subsection (a). 
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1 ‘‘(2) Service in a joint duty assignment for a 

2 period that equals or exceeds the standard length of 

3 the joint duty assignments that is prescribed under 

4 subsection (c) for the installation or other location 

5 of the officer’s joint duty assignment. 

6 ‘‘(3) Cumulative service of at least one year on 

7 one or more headquarters staffs within a United 

8 States or multinational joint task force. 

9 ‘‘(4) Service in a second joint duty assignment 

10 for not less than 24 months, without regard to how 

11 much of the officer’s service in the first joint duty 

12 assignment has been credited as service in a joint 

13 duty assignment. 

14 ‘‘(5) Any service in a joint duty assignment if 

15 the Secretary of Defense has granted a waiver for 

16 such officer under subsection (d). 

17 ‘‘(c) STANDARD LENGTH OF JOINT DUTY ASSIGN18 MENTS.—The Secretary of Defense shall prescribe in reg19 ulations, for each installation and other location author20 ized joint duty assignment positions, the standard length 

21 of the joint duty assignments in such positions at that in22 stallation or other location, as the case may be. 

23 ‘‘(d) WAIVER AUTHORITY.—The Secretary of De24 fense may waive the applicability of this section in the case 

25 of any particular officer if the Secretary determines that 
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1 it is in the national security interests of the United States 

2 to do so.’’. 

3 SEC. 505. REPEAL OF MINIMUM PERIOD REQUIREMENT 

4 FOR PHASE II JOINT PROFESSIONAL MILI5 TARY EDUCATION. 

6 Section 663 of title 10, United States Code, is 

7 amended by striking subsection (e). 

8 SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT 

9 DUTY. 

10 (a) JOINT DUTY ASSIGNMENT.—Subsection (b)(2) of 

11 section 668 of title 10, United States Code, is amended 

12 by striking ‘‘a list’’ in the matter preceding subparagraph 

13 (A) and inserting ‘‘a joint duty assignment list’’. 

14 (b) TOUR OF DUTY.—Subsection (c) of such section 

15 is amended to read as follows: 

16 ‘‘(c) TOUR OF DUTY.—In this chapter, the term ‘tour 

17 of duty’ includes two or more consecutive tours of duty 

18 in joint duty assignment positions that is credited as serv19 ice in a joint duty assignment under this chapter.’’. 
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1 Subtitle B—Other Officer 

2 Personnel Policy 

3 SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER 

4 FORCE TO A FORCE OF ALL REGULAR OFFI5 CERS. 

6 (a) ORIGINAL APPOINTMENTS AS COMMISSIONED

7 OFFICERS.—(1) Section 532 of title 10, United States 

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

9 (2) Subsection (a)(2) of such section is amended by 

10 striking ‘‘fifty-fifth birthday’’ and inserting ‘‘sixty-second 

11 birthday’’. 

12 (3)(A) Such section 532, as amended by paragraph 

13 (1), is further amended by adding at the end the following 

14 new subsection (e): 

15 ‘‘(e) For an original appointment in a grade below 

16 major or, in the case of the Navy, a grade below lieutenant 

17 commander under subsection (a), the Secretary of Defense 

18 may waive the applicability of the requirement of sub19 section (a)(1) to an alien lawfully admitted to permanent 

20 residence in the United States when the Secretary deter21 mines that it is the national security interests of the 

22 United States to do so.’’. 

23 (B) Section 619(d) of title 10, United States Code, 

24 is amended by adding at the end the following new para25 graph: 
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1 ‘‘(5) An officer in the grade of captain or, in 

2 the case of the Navy, lieutenant who is not a citizen 

3 of the United States.’’. 

4 (4) Section 531(a) of such title is amended to read 

5 as follows: 

6 ‘‘(a)(1) Original appointments in the grades of sec7 ond lieutenant through captain in the Regular Army, Reg8 ular Air Force, and Regular Marine Corps and in the 

9 grades of ensign through lieutenant in the Regular Navy 

10 shall be made by the President. The President may dele11 gate to the Secretary of Defense authority to make such 

12 appointments. 

13 ‘‘(2) Original appointments in the grades of major, 

14 lieutenant colonel, and colonel in the Regular Army, Reg15 ular Air Force, and Regular Marine Corps and in the 

16 grades of lieutenant commander, commander, and captain 

17 in the Regular Navy shall be made by the President, by 

18 and with the advice and consent of the Senate.’’. 

19 (b) REPEAL OF TOTAL STRENGTH LIMITATION FOR

20 ACTIVE DUTY REGULAR COMMISSIONED OFFICERS.—(1) 

21 Section 522 of title 10, United States Code, is repealed. 

22 (2) The table of sections at the beginning of chapter 

23 32 of such title is amended by striking the item relating 

24 to section 522. 
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1 (c) FORCE SHAPING AUTHORITY.—(1)(A) Sub2 chapter V of chapter 36 of such title is amended by adding 

3 at the end the following new section: 

4 ‘‘§ 647. Force shaping authority 

5 ‘‘(a) AUTHORITY.—The Secretary concerned may, 

6 solely for the purpose of restructuring an armed force 

7 under the jurisdiction of that Secretary— 

8 ‘‘(1) discharge an officer described in sub9 section (b); or 

10 ‘‘(2) transfer such an officer from the active11 duty list of that armed force to the reserve active12 status list of a reserve component of that armed 

13 force. 

14 ‘‘(b) COVERED OFFICERS.—(1) The authority under 

15 this section may be exercised in the case of an officer 

16 who— 

17 ‘‘(A) has completed not more than 5 years of 

18 service as a commissioned officer in the armed 

19 forces; or 

20 ‘‘(B) has completed more than 5 years of serv21 ice as a commissioned officer in the armed forces, 

22 but has not completed a minimum service obligation 

23 applicable to that member. 

24 ‘‘(2) In this subsection, the term ‘minimum service 

25 obligation’ means the initial period of required active duty 
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1 service together with any additional period of required ac2 tive duty service incurred during the initial period of re3 quired active duty service. 

4 ‘‘(c) APPOINTMENT OF TRANSFERRED OFFICERS.— 

5 An officer of the Regular Army, Regular Air Force, Reg6 ular Navy, or Regular Marine Corps who is transferred 

7 to a reserve active-status list under this section shall be 

8 discharged from the regular component concerned and ap9 pointed as a reserve commissioned officer under section 

10 12203 of this title. 

11 ‘‘(d) REGULATIONS.—The Secretary concerned shall 

12 prescribe regulations for the exercise of the Secretary’s au13 thority under this section.’’. 

14 (B) The table of sections at the beginning of such 

15 subchapter is amended by adding at the end the following 

16 new item: 

‘‘647. Force shaping authority.’’. 

17 (2) Section 1174(e)(2)(B) of such title is amended 

18 by inserting after ‘‘obligated service’’ the following: ‘‘, un19 less the member is an officer discharged or released under 

20 the authority of section 647 of this title’’. 

21 (3) Section 12201(a) of such title is amended— 

22 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

23 (B) in the first sentence, by inserting ‘‘, except 

24 as provided in paragraph (2),’’ after ‘‘the armed 

25 force concerned and’’; and 
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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) An officer transferred from the active-duty list 

4 of an armed force to a reserve active-status list of an 

5 armed force under section 647 of this title is not required 

6 to subscribe to the oath referred to in paragraph (1) in 

7 order to qualify for an appointment under that para8 graph.’’. 

9 (4) Section 12203 of such title is amended— 

10 (A) by redesignating subsection (b) as sub11 section (c); and 

12 (B) by inserting after subsection (a) the fol13 lowing new subsection (b): 

14 ‘‘(b) Subject to the authority, direction, and control 

15 of the President, the Secretary concerned may appoint as 

16 a reserve commissioned officer any regular officer trans17 ferred from the active-duty list of an armed force to the 

18 reserve active-status list of a reserve component under sec19 tion 647 of this title, notwithstanding the requirements 

20 of subsection (a).’’. 

21 (5) Section 531 of such title is amended by adding 

22 at the end the following new subsection: 

23 ‘‘(c) Subject to the authority, direction, and control 

24 of the President, an original appointment as a commis25 sioned officer in the Regular Army, Regular Air Force, 
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1 Regular Navy, or Regular Marine Corps may be made by 

2 the Secretary concerned in the case of a reserve commis3 sioned officer upon the transfer of such officer from the 

4 reserve active-status list of a reserve component of the 

5 armed forces to the active-duty list of an armed force, not6 withstanding the requirements of subsection (a).’’. 

7 (d) ACTIVE-DUTY READY RESERVE OFFICERS NOT

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

9 is amended by striking ‘‘section 12304’’ and inserting 

10 ‘‘sections 12302 and 12304’’. 

11 (e) ALL REGULAR OFFICER APPOINTMENTS FOR

12 STUDENTS ATTENDING THE UNIVERSITY OF HEALTH

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

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

15 shall serve’’ and all that follows through ‘‘if qualified,’’ 

16 and inserting ‘‘Notwithstanding any other provision of 

17 law, they shall be appointed as regular officers in the 

18 grade of O–1 and shall serve on active duty in that grade. 

19 Upon graduation they shall be required to serve on active 

20 duty’’. 

21 (f) EFFECTIVE DATE.—This section and the amend22 ments made by this section shall take effect 180 days after 

23 the date of the enactment of this Act. 
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1 SEC. 512. ELIGIBILITY OF NAVY STAFF CORPS OFFICERS TO 

2 SERVE AS DEPUTY CHIEFS OF NAVAL OPER3 ATIONS AND ASSISTANT CHIEFS OF NAVAL 

4 OPERATIONS. 

5 (a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Sec6 tion 5036(a) of title 10, United States Code, is amended 

7 by striking ‘‘in the line’’. 

8 (b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.— 

9 Section 5037(a) of such title is amended by striking ‘‘in 

10 the line’’. 

11 SEC. 513. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

12 JOINT DUTY EXPERIENCE AS ELIGIBILITY RE13 QUIREMENT FOR APPOINTMENT OF CHIEFS 

14 OF RESERVE COMPONENTS. 

15 Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), and 

16 8038(b)(4) of title 10, United States Code, are amended 

17 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem18 ber 31, 2005’’. 

19 SEC. 514. LIMITATION ON NUMBER OF OFFICERS FROCKED 

20 TO MAJOR GENERAL AND REAR ADMIRAL 

21 (UPPER HALF). 

22 Section 777(d) of title 10, United States Code, is 

23 amended— 

24 (1) by redesignating paragraphs (1) and (2) as 

25 paragraphs (2) and (3), respectively; and 
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1 (2) by striking ‘‘(d) LIMITATION ON NUMBER

2 OF OFFICERS FROCKED TO SPECIFIED GRADES.—’’ 

3 and inserting the following: 

4 ‘‘(d) LIMITATION ON NUMBER OF OFFICERS

5 FROCKED TO SPECIFIED GRADES.—(1) The total number 

6 of brigadier generals and Navy rear admirals (lower half) 

7 on the active-duty list who are authorized as described in 

8 subsection (a) to wear the insignia for the grade of major 

9 general or rear admiral (upper half), as the case may be, 

10 may not exceed 30.’’. 

11 Subtitle C—Reserve Component 

12 Personnel Policy 

13 SEC. 521. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR 

14 TRAINING FROM AUTHORITY TO ORDER RE15 SERVES TO ACTIVE DUTY. 

16 (a) GENERAL AUTHORITY TO ORDER RESERVES TO

17 ACTIVE DUTY.—Section 12301 of title 10, United States 

18 Code, is amended— 

19 (1) in the first sentence of subsection (a), by 

20 striking ‘‘(other than for training)’’; 

21 (2) in subsection (c)— 

22 (A) by striking ‘‘(other than for training)’’ 

23 and inserting ‘‘as described in subsection (a)’’ 

24 in the first sentence; and 
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1 (B) by striking ‘‘(other than for training)’’ 

2 in the second sentence; and 

3 (3) in subsection (e), by striking ‘‘(other than 

4 for training)’’ and inserting ‘‘as described in sub5 section (a)’’. 

6 (b) READY RESERVE 24-MONTH CALLUP AUTHOR7 ITY.—Section 12302 of such title is amended by striking 

8 ‘‘(other than for training)’’ in subsections (a) and (c). 

9 (c) SELECTED RESERVE AND INDIVIDUAL READY

10 RESERVE 270-DAY CALLUP AUTHORITY.—Section 

11 12304(a) of such title is amended by striking ‘‘(other than 

12 for training)’’. 

13 (d) STANDBY RESERVE CALLUP AUTHORITY.—Sec14 tion 12306 of such title is amended— 

15 (1) in subsection (a), by striking ‘‘active duty 

16 (other than for training) only as provided in section 

17 12301 of this title’’ and inserting ‘‘active duty only 

18 as provided in section 12301 of this title, but subject 

19 to the limitations in subsection (b)’’; and 

20 (2) in subsection (b)— 

21 (A) in paragraph (1), by striking ‘‘(other 

22 than for training)’’ and inserting ‘‘under section 

23 12301(a) of this title’’; and 

24 (B) in paragraph (2), by striking ‘‘no other 

25 member’’ and all that follows through ‘‘without 
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1 his consent’’ and inserting ‘‘notwithstanding 

2 section 12301(a) of this title, no other member 

3 in the Standby Reserve may be ordered to ac4 tive duty as an individual under such section 

5 without his consent’’. 

6 SEC. 522. EXCEPTION TO MANDATORY RETENTION OF RE7 SERVES ON ACTIVE DUTY TO QUALIFY FOR 

8 RETIREMENT PAY. 

9 Section 12686(a) of title 10, United States Code, is 

10 amended by inserting ‘‘(other than retired pay for non11 regular service under chapter 1223 of this title)’’ after ‘‘a 

12 purely military retirement system’’. 

13 Subtitle D—Education and 

14 Training 

15 SEC. 531. ONE-YEAR EXTENSION OF ARMY COLLEGE FIRST 

16 PILOT PROGRAM. 

17 Section 573(h) of the National Defense Authorization 

18 Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 

19 513 note), is amended by striking ‘‘September 30, 2004’’ 

20 and inserting ‘‘December 31, 2005’’. 

21 SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAM22 PUS. 

23 Subsection (b)(1) of section 983 of title 10, United 

24 States Code, is amended— 
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1 (1) by striking ‘‘entry to campuses’’ and insert2 ing ‘‘access to campuses’’; and 

3 (2) by inserting before the semicolon at the end 

4 the following: ‘‘in a manner that is at least equal in 

5 quality and scope to the degree of access to cam6 puses and to students that is provided to any other 

7 employer’’. 

8 SEC. 533. EXCLUSION FROM DENIAL OF FUNDS FOR PRE9 VENTING ROTC ACCESS TO CAMPUS OF 

10 AMOUNTS TO COVER INDIVIDUAL COSTS OF 

11 ATTENDANCE AT INSTITUTIONS OF HIGHER 

12 EDUCATION. 

13 (a) CODIFICATION AND EXTENSION OF EXCLU14 SION.—Subsection (d) of section 983 of title 10, United 

15 States Code, is amended— 

16 (1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting 

17 ‘‘Except as provided in paragraph (3), the’’; and 

18 (2) by adding at the end the following new 

19 paragraph: 

20 ‘‘(3) Any Federal funding specified in paragraph (1) 

21 that is provided to an institution of higher education, or 

22 to an individual, to be available solely for student financial 

23 assistance, related administrative costs, or costs associated 

24 with attendance, may be used for the purpose for which 

25 the funding is provided.’’. 
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1 (b) CONFORMING AMENDMENTS.—Subsections (a) 

2 and (b) of such section are amended by striking ‘‘(includ3 ing a grant of funds to be available for student aid)’’. 

4 (c) CONFORMING REPEAL OF CODIFIED PROVI5 SION.—Section 8120 of the Department of Defense Ap6 propriations Act, 2000 (Public Law 106–79; 10 U.S.C. 

7 983 note), is repealed. 

8 SEC. 534. TRANSFER OF AUTHORITY TO CONFER DEGREES 

9 UPON GRADUATES OF THE COMMUNITY COL10 LEGE OF THE AIR FORCE. 

11 (a) AUTHORITY OF AIR UNIVERSITY COMMANDER.— 

12 Subsection (a) of section 9317 of title 10, United States 

13 Code, is amended— 

14 (1) by striking ‘‘and’’ at the end of paragraph 

15 (2); 

16 (2) by striking the period at the end of para17 graph (3) and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) an associate level degree upon graduates of 

21 the Community College of the Air Force who fulfill 

22 the requirements for that degree.’’. 

23 (b) TERMINATION OF EXISTING AUTHORITY.—(1) 

24 Paragraph (1) of section 9315(c) of such title is amended 

25 by striking ‘‘the commander’’ and all that follows through 
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1 ‘‘at the level of associate’’ and inserting ‘‘an academic de2 gree at the level of associate may be conferred under sec3 tion 9317 of this title’’. 

4 (2) Paragraph (2) of such section is amended by 

5 striking ‘‘Air Education and Training Command of the 

6 Air Force’’ and inserting ‘‘Air University’’. 

7 (c) CONFORMING AND CLERICAL AMENDMENTS.— 

8 (1) The heading of section 9317 of title 10, United States 

9 Code, is amended by striking ‘‘graduate-level de10 grees’’ and inserting ‘‘conferral of degrees’’. 

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

12 sections at the beginning of chapter 901 of such title is 

13 amended to read as follows: 

‘‘9317. Air University: conferral of degrees.’’. 

14 Subtitle E—Decorations, Awards, 

15 and Commendations 

16 SEC. 541. AWARD OF MEDAL OF HONOR TO INDIVIDUAL IN17 TERRED IN THE TOMB OF THE UNKNOWNS AS 

18 REPRESENTATIVE OF CASUALTIES OF A WAR. 

19 (a) AWARD TO INDIVIDUAL AS REPRESENTATIVE.— 

20 Chapter 57 of title 10, United States Code, is amended 

21 by adding at the end the following new section: 
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1 ‘‘§ 1134. Medal of honor: award to individual interred 

2 in Tomb of the Unknowns as representa3 tive of casualties of a war 

4 ‘‘The medal of honor awarded posthumously to a de5 ceased member of the armed forces who, as an unidenti6 fied casualty of a particular war or other armed conflict, 

7 is interred in the Tomb of the Unknowns at Arlington Na8 tional Cemetery, Virginia, is awarded to the member as 

9 the representative of the members of the armed forces who 

10 died in such war or other armed conflict and whose re11 mains have not been identified, and not to the individual 

12 personally.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by adding 

15 at the end the following new item: 

‘‘1134. Medal of honor: award to individual interred in Tomb of the Unknowns 

as representative of casualties of a war.’’. 

16 SEC. 542. SEPARATE CAMPAIGN MEDALS FOR OPERATION 

17 ENDURING FREEDOM AND FOR OPERATION 

18 IRAQI FREEDOM. 

19 (a) REQUIREMENT.—The President shall establish a 

20 campaign medal specifically to recognize service by mem21 bers of the uniformed services in Operation Enduring 

22 Freedom and a separate campaign medal specifically to 

23 recognize service by members of the uniformed services in 

24 Operation Iraqi Freedom. 
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1 (b) ELIGIBILITY.—Subject to such limitations as may 

2 be prescribed by the President, eligibility for a campaign 

3 medal established pursuant to subsection (a) shall be set 

4 forth in regulations to be prescribed by the Secretary con5 cerned (as defined in section 101 of title 10, United States 

6 Code). In the case of regulations prescribed by the Secre7 taries of the military departments, the regulations shall 

8 be subject to approval by the Secretary of Defense and 

9 shall be uniform throughout the Department of Defense. 

10 Subtitle F—Military Justice 

11 SEC. 551. REDUCED BLOOD ALCOHOL CONTENT LIMIT FOR 

12 OFFENSE OF DRUNKEN OPERATION OF A VE13 HICLE, AIRCRAFT, OR VESSEL. 

14 Section 911(b)(3) of title 10, United States Code (ar15 ticle 111(b)(3) of the Uniform Code of Military Justice), 

16 is amended by striking ‘‘0.10 grams’’ in both places it ap17 pears and inserting ‘‘0.08 grams’’. 

18 SEC. 552. WAIVER OF RECOUPMENT OF TIME LOST FOR 

19 CONFINEMENT IN CONNECTION WITH A 

20 TRIAL. 

21 Section 972 of title 10, United States Code, is 

22 amended by adding at the end the following new sub23 section: 

24 ‘‘(c) WAIVER OF RECOUPMENT OF TIME LOST FOR

25 CONFINEMENT.—The Secretary concerned shall waive li-
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1 ability for a period of confinement in connection with a 

2 trial under subsection (a)(3), or exclusion of a period of 

3 confinement in connection with a trial under subsection 

4 (b)(3), in a case upon the occurrence of any of the fol5 lowing events: 

6 ‘‘(1) For each charge— 

7 ‘‘(A) the charge is dismissed before or dur8 ing trial in a final disposition of the charge; or 

9 ‘‘(B) the trial results in an acquittal of the 

10 charge. 

11 ‘‘(2) For each charge resulting in a conviction 

12 in such trial— 

13 ‘‘(A) the conviction is set aside in a final 

14 disposition of such charge, other than in a 

15 grant of clemency; or 

16 ‘‘(B) a judgment of acquittal or a dis17 missal is entered upon a reversal of the convic18 tion on appeal.’’. 

19 SEC. 553. DEPARTMENT OF DEFENSE POLICY AND PROCE20 DURES ON PREVENTION AND RESPONSE TO 

21 SEXUAL ASSAULTS INVOLVING MEMBERS OF 

22 THE ARMED FORCES. 

23 (a) COMPREHENSIVE POLICY ON PREVENTION AND

24 RESPONSE TO SEXUAL ASSAULTS.—(1) Not later than 

25 January 1, 2005, the Secretary of Defense shall develop 
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1 a comprehensive policy for the Department of Defense on 

2 the prevention of and response to sexual assaults involving 

3 members of the Armed Forces. 

4 (2) The policy shall be based on the recommendations 

5 of the Department of Defense Task Force on Care for Vic6 tims of Sexual Assaults and on such other matters as the 

7 Secretary considers appropriate. 

8 (b) ELEMENTS OF COMPREHENSIVE POLICY.—The 

9 policy developed under subsection (a) shall address the fol10 lowing matters: 

11 (1) Prevention measures. 

12 (2) Education and training on prevention and 

13 response. 

14 (3) Investigation of complaints by command 

15 and law enforcement personnel. 

16 (4) Medical treatment of victims. 

17 (5) Confidential reporting of incidents. 

18 (6) Victim advocacy and intervention. 

19 (7) Oversight by commanders of administrative 

20 and disciplinary actions in response to substantiated 

21 incidents of sexual assault. 

22 (8) Disposition of victims of sexual assault, in23 cluding review by appropriate authority of adminis24 trative separation actions involving victims of sexual 

25 assault. 
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1 (9) Disposition of members of the Armed 

2 Forces accused of sexual assault. 

3 (10) Liaison and collaboration with civilian 

4 agencies on the provision of services to victims of 

5 sexual assault. 

6 (11) Uniform collection of data on the incidence 

7 of sexual assaults and on disciplinary actions taken 

8 in substantiated cases of sexual assault. 

9 (c) REPORT ON IMPROVEMENT OF CAPABILITY TO

10 RESPOND TO SEXUAL ASSAULTS.—Not later than March 

11 1, 2005, the Secretary of Defense shall submit to Congress 

12 a proposal for such legislation as the Secretary considers 

13 necessary to enhance the capability of the Department of 

14 Defense to address matters relating to sexual assaults in15 volving members of the Armed Forces. 

16 (d) APPLICATION OF COMPREHENSIVE POLICY TO

17 MILITARY DEPARTMENTS.—The Secretary shall ensure 

18 that, to the maximum extent practicable, the policy devel19 oped under subsection (a) is implemented uniformly by the 

20 military departments. 

21 (e) POLICIES AND PROCEDURES OF MILITARY DE22 PARTMENTS.—(1) Not later than March 1, 2005, the Sec23 retaries of the military departments shall prescribe regula24 tions, or modify current regulations, on the policies and 

25 procedures of the military departments on the prevention 
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1 of and response to sexual assaults involving members of 

2 the Armed Forces in order— 

3 (A) to conform such policies and procedures to 

4 the policy developed under subsection (a); and 

5 (B) to ensure that such policies and procedures 

6 include the elements specified in paragraph (2). 

7 (2) The elements specified in this paragraph are as 

8 follows: 

9 (A) A program to promote awareness of the in10 cidence of sexual assaults involving members of the 

11 Armed Forces. 

12 (B) A program to provide victim advocacy and 

13 intervention for members of the Armed Force con14 cerned who are victims of sexual assault, which pro15 gram shall make available, at home stations and in 

16 deployed locations, trained advocates who are readily 

17 available to intervene on behalf of such victims. 

18 (C) Procedures for members of the Armed 

19 Force concerned to follow in the case of an incident 

20 of sexual assault involving a member of such Armed 

21 Force, including— 

22 (i) specification of the person or persons to 

23 whom the alleged offense should be reported; 

24 (ii) specification of any other person whom 

25 the victim should contact; 
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1 (iii) procedures for the preservation of evi2 dence; and 

3 (iv) procedures for confidential reporting 

4 and for contacting victim advocates. 

5 (D) Procedures for disciplinary action in cases 

6 of sexual assault by members of the Armed Force 

7 concerned. 

8 (E) Other sanctions authorized to be imposed 

9 in substantiated cases of sexual assault, whether 

10 forcible or nonforcible, by members of the Armed 

11 Force concerned. 

12 (F) Training on the policies and procedures for 

13 all members of the Armed Force concerned, includ14 ing specific training for members of the Armed 

15 Force concerned who process allegations of sexual 

16 assault against members of such Armed Force. 

17 (G) Any other matters that the Secretary of 

18 Defense considers appropriate. 

19 (f) ANNUAL ASSESSMENT OF POLICIES AND PROCE20 DURES.—Not later than January 15, 2006, and each year 

21 thereafter, each Secretary of a military department shall 

22 conduct an assessment of the implementation during the 

23 preceding fiscal year of the policies and procedures of such 

24 department on the prevention of and response to sexual 

25 assaults involving members of the Armed Forces in order 
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1 to determine the effectiveness of such policies and proce2 dures during such fiscal year in providing an appropriate 

3 response to such sexual assaults. 

4 (g) ANNUAL REPORTS.—(1) Not later than April 1, 

5 2005, and January 15 of each year thereafter, each Sec6 retary of a military department shall submit to the Sec7 retary of Defense a report on the sexual assaults involving 

8 members of the Armed Force concerned during the pre9 ceding year. 

10 (2) Each report on an Armed Force under paragraph 

11 (1) shall contain the following: 

12 (A) The number of sexual assaults against 

13 members of the Armed Force, and the number of 

14 sexual assaults by members of the Armed Force, 

15 that were reported to military officials during the 

16 year covered by such report, and the number of the 

17 cases so reported cases that were substantiated. 

18 (B) A synopsis of and the disciplinary action 

19 taken in each substantiated case. 

20 (C) The policies, procedures, and processes im21 plemented by the Secretary concerned during the 

22 year covered by such report in response to incidents 

23 of sexual assault involving members of the Armed 

24 Force concerned. 
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1 (D) A plan for the actions that are to be taken 

2 in the year following the year covered by such report 

3 on the prevention of and response to sexual assault 

4 involving members of the Armed Forces concerned. 

5 (3) Each report under paragraph (1) in 2006, 2007, 

6 and 2008 shall also include the assessment conducted by 

7 the Secretary concerned under subsection (f). 

8 (4) The Secretary of Defense shall transmit to the 

9 Committees on Armed Services of the Senate and the 

10 House of Representatives each report submitted to the 

11 Secretary under this subsection, together with the com12 ments of the Secretary on each such report. The Secretary 

13 shall transmit the report on 2004 not later than May 1, 

14 2005, and shall transmit the report on any year after 

15 2004 not later than March 15 of the year following such 

16 year. 

17 (h) SEXUAL ASSAULT DEFINED.—In this section, the 

18 term ‘‘sexual assault’’ includes rape, acquaintance rape, 

19 sexual assault, and other criminal sexual offenses. 
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1 Subtitle G—Scope of Duties of 

2 Ready Reserve Personnel in In3 active Duty Status 

4 SEC. 561. REDESIGNATION OF INACTIVE-DUTY TRAINING 

5 TO ENCOMPASS OPERATIONAL AND OTHER 

6 DUTIES PERFORMED BY RESERVES WHILE IN 

7 INACTIVE DUTY STATUS. 

8 (a) REDESIGNATION OF DUTY STATUS.—(1) The 

9 duty status applicable to members of the reserve compo10 nents of the Armed Forces that is known as ‘‘inactive11 duty training’’ is redesignated as ‘‘inactive duty’’. 

12 (2) Any reference that is made in any law, regulation, 

13 document, paper, or other record of the United States to 

14 inactive-duty training, as such term applies to members 

15 of the reserve components of the Armed Forces, shall be 

16 deemed to be a reference to inactive duty. 

17 (b) TITLE 10 CONFORMING AND CLERICAL AMEND18 MENTS.—(1) The following provisions of title 10, United 

19 States Code, are amended by striking ‘‘inactive-duty train20 ing’’ each place it appears and inserting ‘‘inactive duty’’: 

21 sections 101(d)(7), 802(a)(3), 802(d)(2)(B), 

22 802(d)(5)(B), 803(d), 936(a), 936(b), 976(a)(1)(C), 

23 1061(b), 1074a(a), 1076(a)(2)(B), 1076(a)(2)(C), 

24 1204(2), 1448(f)(1)(B), 1476(a)(1)(B), 1476(a)(2)(A), 
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1 1481(a)(2), 9446(a)(3), 12602(a)(3), 12602(b)(3), and 

2 18505(a). 

3 (2) The following provisions of such title are amended 

4 by striking ‘‘inactive duty training’’ each place it appears 

5 and inserting ‘‘inactive duty’’: sections 1086(c)(2)(B), 

6 1175(e)(2), 1475(a)(2), 1475(a)(3), 2031(d)(2), and 

7 10204(b). 

8 (3) Section 1206(2) of such title is amended by strik9 ing ‘‘in line of duty—’’ and all that follows through ‘‘resi10 dence; or’’ and inserting the following: ‘‘in line of duty 

11 while— 

12 ‘‘(A) performing active duty or inactive 

13 duty; 

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

15 at which such duty is performed; or 

16 ‘‘(C) remaining overnight immediately be17 fore the commencement of inactive duty, or 

18 while remaining overnight between successive 

19 periods of inactive-duty training, at or in the vi20 cinity of the site of the inactive duty, if the site 

21 is outside reasonable commuting distance of the 

22 member’s residence;’’. 

23 (4) Section 1471(b)(3)(A) of such title is amended 

24 by striking ‘‘for training’’ in clauses (ii) and (iii). 

25 (5) Section 1478(a) of such title is amended— 
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1 (A) in paragraph (3)— 

2 (i) by striking ‘‘from inactive duty train3 ing’’ and inserting ‘‘from the location of inac4 tive duty’’; and 

5 (ii) by striking ‘‘on inactive duty training’’ 

6 and inserting ‘‘on inactive duty’’; 

7 (B) in paragraph (7)— 

8 (i) by striking ‘‘inactive duty training’’ and 

9 inserting ‘‘inactive duty’’; and 

10 (ii) by striking ‘‘or training’’; and 

11 (C) in paragraph (8), by striking ‘‘inactive duty 

12 training’’ both places it appears and inserting ‘‘inac13 tive duty’’. 

14 (6) Section 12317 of such title is amended by striking 

15 ‘‘, or to participate in inactive duty training,’’ and insert16 ing ‘‘inactive duty’’. 

17 (7) Section 12319(c) of such title is amended— 

18 (A) by striking ‘‘inactive-duty training’’ both 

19 places it appears and inserting ‘‘inactive duty’’; and 

20 (B) by striking ‘‘that training)’’ and inserting 

21 ‘‘that duty)’’. 

22 (8) Section 12603(a) of such title is amended— 

23 (A) by striking ‘‘inactive duty training’’ and in24 serting ‘‘inactive duty’’; and 
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1 (B) by striking ‘‘the training’’ and inserting 

2 ‘‘such duty’’. 

3 (9) Section 12604(a) of such title is amended by 

4 striking ‘‘to inactive-duty training’’ and inserting ‘‘to per5 form inactive duty’’. 

6 (10)(A) The headings for sections 1204, 1206, 

7 12603, and 18505 of such title are amended by striking 

8 ‘‘inactive-duty training’’ and inserting ‘‘inactive 

9 duty’’. 

10 (B) The heading for section 1475 of such title is 

11 amended by striking ‘‘training’’. 

12 (C) The heading for section 1476 of such title is 

13 amended by striking ‘‘or training’’. 

14 (D) The heading for section 12604 of such title is 

15 amended by striking ‘‘attending inactive-duty 

16 training’’ and inserting ‘‘performing inactive 

17 duty’’. 

18 (11)(A) The table of sections at the beginning of 

19 chapter 61 of such title is amended— 

20 (i) by striking the item relating to section 1204 

21 and inserting the following: 

‘‘1204. Members on active duty for 30 days or less or on inactive duty: retirement.’’; 

22 and 

23 (ii) by striking the item relating to section 1206 

24 and inserting the following: 
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‘‘1206. Members on active duty for 30 days or less or on inactive duty: separation.’’. 

1 (B) The table of sections at the beginning of sub2 chapter II of chapter 75 of such title is amended by strik3 ing the items relating to sections 1475 and 1476 and in4 serting the following: 

‘‘1475. Death gratuity: death of members on active duty or inactive duty and 

of certain other persons. 

‘‘1476. Death gratuity: death after discharge or release from duty.’’. 

5 (C) The table of sections at the beginning of chapter 

6 1217 of such title is amended by striking the items relat7 ing to sections 12603 and 12604 and inserting the fol8 lowing: 

‘‘12603. Attendance of inactive duty assemblies: commercial travel at Federal 

supply schedule rates. 

‘‘12604. Billeting in Department of Defense facilities: Reserves performing inactive duty.’’. 

9 (D) The item relating to section 18505 in the table 

10 of sections at the beginning of chapter 1805 of such title 

11 is amended to read as follows: 

‘‘18505. Reserves traveling for inactive duty: space-required travel on military 

aircraft.’’. 

12 (c) TITLE 14 CONFORMING AMENDMENT.—Sections 

13 704 and 705(a) of title 14, United States Code, are 

14 amended by striking ‘‘inactive-duty training’’ and insert15 ing ‘‘inactive duty’’. 

16 (d) TITLE 37 CONFORMING AND CLERICAL AMEND17 MENTS.—(1) Sections 101(22), 205(e)(2)(A), and 433(d) 

18 of title 37, United States Code, are amended by striking 
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1 ‘‘inactive-duty training’’ each place it appears and insert2 ing ‘‘inactive duty’’. 

3 (2) Section 204 of such title is amended— 

4 (A) in subsection (g)(1)— 

5 (i) in subparagraphs (B) and (D), by strik6 ing ‘‘inactive-duty training’’ each place it ap7 pears and inserting ‘‘inactive duty’’ and 

8 (ii) in subparagraph (C), by striking ‘‘or 

9 training’’; and 

10 (B) in subsection (h)(1)— 

11 (i) in subparagraphs (B) and (D), by strik12 ing ‘‘inactive-duty training’’ each place it ap13 pears and inserting ‘‘inactive duty’’; and 

14 (ii) in subparagraph (C), by striking ‘‘or 

15 training’’; and 

16 (3) Section 206 of such title is amended— 

17 (A) in subsection (a)(3)— 

18 (i) by striking clause (ii) of subparagraph 

19 (A) and inserting the following: 

20 ‘‘(ii) inactive duty;’’; 

21 (ii) in subparagraph (B), by striking ‘‘or 

22 training’’; and 

23 (iii) in subparagraph (C), by striking ‘‘in24 active-duty training’’ each place it appears and 

25 inserting ‘‘inactive duty’’; and 
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1 (B) in subsection (b)(1), by inserting ‘‘or duty’’ 

2 after ‘‘kind of training’’. 

3 (4) Section 308d(a) of such title is amended by strik4 ing ‘‘for training’’. 

5 (5) Section 415 of such title is amended— 

6 (A) in subsection (a)(3), by striking ‘‘inactive7 duty training’’ and inserting ‘‘inactive duty’’; and 

8 (B) in subsection (c)(1), by striking ‘‘on inac9 tive duty training status’’ and inserting ‘‘inactive 

10 duty’’. 

11 (6) Section 552 of such title is amended— 

12 (A) in subsection (a)— 

13 (i) by striking ‘‘performing inactive-duty 

14 training,’’ in the matter preceding paragraph 

15 (1), and inserting ‘‘inactive duty,’’; and 

16 (ii) by striking ‘‘or inactive-duty training’’ 

17 in the second sentence and inserting ‘‘or inac18 tive duty’’; and 

19 (B) in subsection (d), by striking ‘‘inactive-duty 

20 training’’ and inserting ‘‘on inactive duty’’. 

21 (7)(A) The heading for section 206 of such title is 

22 amended by striking ‘‘inactive-duty training’’ and 

23 inserting ‘‘inactive duty’’. 
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1 (B) The item relating to such section in the table of 

2 sections at the beginning of chapter 3 of such title is 

3 amended to read as follows: 

‘‘206. Reserves; members of National Guard: inactive duty.’’. 

4 (8) The heading for subsection (c) of section 305b 

5 of such title is amended by striking ‘‘DUTY

6 TRAINING.—’’ and inserting ‘‘DUTY.—’’. 

7 (9) The heading for subsection (e) of section 320 of 

8 such title is amended by striking ‘‘DUTY

9 TRAINING.—’’ and inserting ‘‘DUTY.—’’. 

10 (e) PUBLIC LAW 108–136.—Section 644(c) of the 

11 National Defense Authorization Act for Fiscal Year 2004 

12 (Public Law 108–136; 117 Stat. 1518) is amended by 

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

14 duty’’. 

15 SEC. 562. REPEAL OF UNNECESSARY DUTY STATUS DIS16 TINCTION FOR FUNERAL HONORS DUTY. 

17 (a) TITLE 10 DUTY.—(1) Section 12503 of title 10, 

18 United States Code, is repealed. 

19 (2) Section 12552 of such title is repealed. 

20 (b) TITLE 32 DUTY.—(1) Section 115 of title 32, 

21 United States Code, is repealed. 

22 (2) Section 114 of such title is amended by striking 

23 the second sentence. 
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1 (c) TITLE 10 CONFORMING AND CLERICAL AMEND2 MENTS.—Title 10, United States Code, is amended as fol3 lows: 

4 (1) Section 1074a(a) is amended— 

5 (A) in paragraph (1)— 

6 (i) by inserting ‘‘or’’ at the end of 

7 subparagraph (A); 

8 (ii) by striking ‘‘; or’’ at the end of 

9 subparagraph (B) and inserting a period; 

10 and 

11 (iii) by striking subparagraph (C); 

12 (B) in paragraph (2)— 

13 (i) by inserting ‘‘or’’ at the end of 

14 subparagraph (A); 

15 (ii) by striking ‘‘; or’’ at the end of 

16 subparagraph (B) and inserting a period; 

17 and 

18 (iii) by striking subparagraph (C); 

19 and 

20 (C) by striking paragraph (4). 

21 (2) Section 1076(a)(2) is amended by striking 

22 subparagraph (E). 

23 (3) Section 1204(2) is amended— 

24 (A) by inserting ‘‘or’’ at the end of sub25 paragraph (A)(iii); 
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1 (B) by striking ‘‘or’’ at the end of subpara2 graph (B)(iii) and inserting a period; and 

3 (C) by striking subparagraph (C). 

4 (4) Section 1206(2) is amended by striking 

5 ‘‘(B) while the member—’’ and all that follows 

6 through ‘‘immediately before so serving;’’. 

7 (5) Section 1481(a)(2) is amended— 

8 (A) by inserting ‘‘or’’ at the end of sub9 paragraph (D); 

10 (B) by striking ‘‘; or’’ at the end of sub11 paragraph (E) and inserting a period; and 

12 (C) by striking subparagraph (F). 

13 (6) Section 12732(a)(2)(E) is amended by in14 serting ‘‘(as such section 12503 or 115, respectively, 

15 was in effect before the date of the enactment of the 

16 National Defense Authorization Act for Fiscal Year 

17 2005)’’ after ‘‘section 115 of title 32’’. 

18 (7)(A) The table of sections at the beginning of 

19 chapter 1213 is amended by striking the item relat20 ing to section 12503. 

21 (B) The table of sections at the beginning of 

22 chapter 1215 is amended by striking the item relat23 ing to 12552. 

24 (c) TITLE 32 CLERICAL AMENDMENT.—The table of 

25 sections at the beginning of chapter 1 of title 32, United 
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1 States Code, is amended by striking the item relating to 

2 section 115. 

3 (d) TITLE 37 CONFORMING AMENDMENTS.—Section 

4 204 of title 37, United States Code, is amended— 

5 (1) in subsection (g)(1)— 

6 (A) by inserting ‘‘or’’ at the end of sub7 paragraph (C); 

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

10 (C) by striking subparagraph (E); and 

11 (2) in subsection (h)(1)— 

12 (A) by inserting ‘‘or’’ at the end of sub13 paragraph (C); 

14 (B) by striking ‘‘; or’’ at the end of sub15 paragraph (D) and inserting a period; and 

16 (C) by striking subparagraph (E). 

17 SEC. 563. CONFORMING AMENDMENTS TO OTHER LAWS RE18 FERRING TO INACTIVE-DUTY TRAINING. 

19 (a) TITLE 5.—Section 6323(a)(1) of title 5, United 

20 States Code, is amended by striking ‘‘inactive-duty train21 ing’’ and inserting ‘‘inactive duty’’. 

22 (b) TITLE 38.—(1) The following provisions of title 

23 38, United States Code, are amended by striking ‘‘inactive 

24 duty training’’ each place it appears and inserting ‘‘inac25 tive duty’’: sections 106(d)(1), 1112(c)(3)(A)(ii), 
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1 1302(b)(2), 1312(a)(2)(A), 1965(3), 1965(4), 1965(5), 

2 1967(a)(1)(B), 1967(b), 1969(a)(3), 1977(e), 2402(2), 

3 4303(13), and 4303(16). 

4 (2) Section 1968 of such title is amended— 

5 (A) by striking ‘‘inactive duty training’’ and in6 serting ‘‘inactive duty’’— 

7 (i) in subsection (a), in the matter pre8 ceding paragraph (1); 

9 (ii) in subsection (a)(3); and 

10 (iii) in subsection (b)(2); and 

11 (B) in subsection (a)(3)— 

12 (i) by striking ‘‘such scheduled training pe13 riod’’ and inserting ‘‘such period of scheduled 

14 duty’’; 

15 (ii) by striking ‘‘the date of such training’’ 

16 and inserting ‘‘the date on which such duty pe17 riod ends’’; and 

18 (iii) by striking ‘‘such training terminated’’ 

19 and inserting ‘‘on which such duty period 

20 ends’’. 

21 (c) INTERNAL REVENUE CODE OF 1986.—(1) Sec22 tion 3121(m) of the Internal Revenue Code of 1986 is 

23 amended by striking ‘‘inactive duty training’’ in para24 graphs (1)(B) and (3) and inserting ‘‘inactive duty’’. 
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1 (2) The heading for paragraph (3) of such section 

2 is amended to read as follows: ‘‘INACTIVE DUTY.—’’. 

3 SEC. 564. CONFORMING AMENDMENTS TO OTHER LAWS RE4 FERRING TO FUNERAL HONORS DUTY. 

5 (a) TITLE 5.—Section 6323(a)(1) of title 5, United 

6 States Code, is amended by striking ‘‘funeral honors duty 

7 (as described in section 12503 of title 10 and section 115 

8 of title 32),’’. 

9 (b) TITLE 38.—Section 4303(13) of title 38, United 

10 States Code, is amended— 

11 (1) by inserting ‘‘and’’ after ‘‘full-time National 

12 Guard duty,’’; and 

13 (2) by striking ‘‘, and a period for which a per14 son is absent from employment for the purpose of 

15 performing funeral honors duty as authorized by 

16 section 12503 of title 10 or section 115 of title 32.’’. 

17 Subtitle H—Other Matters 

18 SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED 

19 SKILLS. 

20 (a) INITIAL SERVICE OBLIGATION.—Subsection (a) 

21 of section 651 of title 10, United States Code, is amend22 ed— 

23 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

24 (2) by striking ‘‘deferred under the next to the 

25 last sentence of section 6(d)(1) of the Military Selec-
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1 tive Service Act (50 U.S.C. App. 456(d)(1))’’ and in2 serting ‘‘described in paragraph (3)’’; and 

3 (3) by adding at the end the following new 

4 paragraphs: 

5 ‘‘(2) The Secretary concerned may— 

6 ‘‘(A) waive the applicability of paragraph (1) to 

7 a person who, as determined by the Secretary con8 cerned, is accessed into an armed force under the ju9 risdiction of that Secretary based on unique skills 

10 acquired in a civilian occupation and is to serve in 

11 that armed force in a specialty requiring those skills; 

12 and 

13 ‘‘(B) require any alternative period of obligated 

14 service that the Secretary considers appropriate to 

15 meet the needs of the armed force that such person 

16 is entering. 

17 ‘‘(3) The requirement under paragraph (1) does not 

18 apply to a person who is deferred under the next to the 

19 last sentence of section 6(d)(1) of the Military Selective 

20 Service Act (50 U.S.C. App. 456(d)(1)). 

21 (b) BASIC TRAINING PERIOD.—Subsection (c) of sec22 tion 671 of such title is amended— 

23 (1) by redesignating paragraph (2) as para24 graph (3); and 
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1 (2) by striking ‘‘(c)(1)’’ and all that follows 

2 through ‘‘Any such period’’ in the second sentence 

3 of paragraph (1) and inserting the following: 

4 ‘‘(c)(1) A period of basic training (or equivalent 

5 training) shorter than 12 weeks may be established by the 

6 Secretary concerned for members of the armed forces who, 

7 as determined by the Secretary under regulations pre8 scribed under paragraph (3)— 

9 ‘‘(A) have been credentialed in a medical pro10 fession or occupation and are serving in a health11 care occupational specialty; or 

12 ‘‘(B) have unique skills acquired in a civilian 

13 occupation and are to serve in a military specialty 

14 or position requiring those skills. 

15 ‘‘(2) Any period of basic training under paragraph 

16 (1)’’. 

17 SEC. 572. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE 

18 MILITARY VOTERS LOCATED IN THE UNITED 

19 STATES. 

20 (a) DUTIES OF PRESIDENTIAL DESIGNEE.—Section 

21 101(b)(3) of the Uniformed and Overseas Citizens Absen22 tee Voting Act (42 U.S.C. 1973ff(b)(3)) is amended by 

23 striking ‘‘overseas voters’’ and inserting ‘‘absent uni24 formed services voters and overseas voters’’. 
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1 (b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Sec2 tion 103 of such Act (42 U.S.C. 1973ff–2) is amended— 

3 (1) in subsection (a), by striking ‘‘overseas vot4 ers’’ and inserting ‘‘absent uniformed services voters 

5 and overseas voters’’; 

6 (2) in subsection (b), by striking the second 

7 sentence and inserting the following new sentence: 

8 ‘‘A Federal write-in absentee ballot of an absent uni9 formed services voter or overseas voter shall not be 

10 counted— 

11 ‘‘(1) if the application of the absent uniformed 

12 services voter or overseas voter for a State absentee 

13 ballot is received by the appropriate State election 

14 official after the later of— 

15 ‘‘(A) the deadline of the State for receipt 

16 of such application; or 

17 ‘‘(B) the date that is 30 days before the 

18 general election; or 

19 ‘‘(2) if a State absentee ballot of the absent 

20 uniformed services voter or overseas voter is received 

21 by the appropriate State election official not later 

22 than the deadline for receipt of the State absentee 

23 ballot under State law.’’; 
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1 (3) in subsection (c)(1), by striking ‘‘overseas 

2 voter’’ and inserting ‘‘absent uniformed services 

3 voter or overseas voter’’; 

4 (4) in subsection (d), by striking ‘‘overseas 

5 voter’’ both places it appears and inserting ‘‘absent 

6 uniformed services voter or overseas voter’’; and 

7 (5) in subsection (e)(2), by striking ‘‘overseas 

8 voters’’ and inserting ‘‘absent uniformed services 

9 voters and overseas voters’’. 

10 (c) CONFORMING AMENDMENTS.—(1) The heading 

11 of section 103 of such Act is amended to read as follows: 

12 ‘‘SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GEN13 ERAL ELECTIONS FOR FEDERAL OFFICE FOR 

14 ABSENT UNIFORMED SERVICES VOTERS AND 

15 OVERSEAS VOTERS.’’. 

16 (2) The subsection caption for subsection (d) of such 

17 section is amended by striking ‘‘OVERSEAS VOTER’’ and 

18 inserting ‘‘ABSENT UNIFORMED SERVICES VOTER OR

19 OVERSEAS VOTER’’. 

20 SEC. 573. RENAMING OF NATIONAL GUARD CHALLENGE 

21 PROGRAM AND INCREASE IN MAXIMUM FED22 ERAL SHARE OF COST OF STATE PROGRAMS 

23 UNDER THE PROGRAM. 

24 (a) RENAMING.—The text of section 509 of title 32, 

25 United States Code, is amended by striking ‘‘National 
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1 Guard Challenge Program’’ each place it appears and in2 serting ‘‘National Guard Youth Challenge Program’’. 

3 (b) INCREASE IN MAXIMUM FEDERAL SHARE OF

4 COST OF STATE PROGRAMS.—Subsection (d) of such sec5 tion is amended by striking paragraphs (1), (2), (3), and 

6 (4), and inserting the following new paragraphs: 

7 ‘‘(1) for fiscal year 2004, 60 percent of the 

8 costs of operating the State program during that 

9 year; 

10 ‘‘(2) for fiscal year 2005, 65 percent of the 

11 costs of operating the State program during that 

12 year; 

13 ‘‘(3) for fiscal year 2006, 70 percent of the 

14 costs of operating the State program during that 

15 year; and 

16 ‘‘(4) for fiscal year 2007 and each subsequent 

17 fiscal year, 75 percent of the costs of operating the 

18 State program during such year.’’. 

19 (c) CONFORMING AND CLERICAL AMENDMENTS.— 

20 (1) The heading of such section is amended to read as 

21 follows: 
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1 ‘‘§ 509. National Guard Youth Challenge Program of 

2 opportunities for civilian youth’’. 

3 (2) The table of sections at the beginning of chapter 

4 5 of such title is amended by striking the item relating 

5 to section 509 and inserting the following new item: 

‘‘509. National Guard Youth Challenge Program of opportunities for civilian 

youth.’’. 

6 TITLE VI—COMPENSATION AND 

7 OTHER PERSONNEL BENEFITS 

8 Subtitle A—Pay and Allowances 

9 SEC. 601. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE 

10 DURING SHORT-ASSIGNMENT PERMANENT 

11 CHANGES OF STATION FOR EDUCATION OR 

12 TRAINING. 

13 (a) AUTHORITY.—Paragraph (3) of subsection (d) of 

14 section 403 of title 37, United States Code, is amended 

15 by adding at the end the following new subparagraph: 

16 ‘‘(C) In the case of a member who is reassigned 

17 for a permanent change of station or permanent 

18 change of assignment from a duty station within the 

19 continental United States to another duty station 

20 within the continental United States for a period of 

21 not more than one year for the purpose of partici22 pating in professional military education or training 

23 classes, the amount of the basic allowance for hous24 ing for the member may be based on whichever of 
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1 the following areas the Secretary concerned deter2 mines to provide the more equitable basis for the al3 lowance: 

4 ‘‘(i) The area of the duty station to which 

5 the member is reassigned. 

6 ‘‘(ii) The area of the member’s last duty 

7 station, but only if, and for the period that, the 

8 member’s dependents reside in that area on and 

9 after the date of the member’s departure for 

10 the duty station to which the member is reas11 signed.’’. 

12 (b) CONFORMING AMENDMENT.—The heading of 

13 such subsection is amended by striking ‘‘ARE UNABLE

14 TO’’ and inserting ‘‘DO NOT’’. 

15 SEC. 602. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR 

16 UNUSUAL NONRECURRING EXPENSES IN17 CURRED FOR DUTY OUTSIDE THE CONTI18 NENTAL UNITED STATES. 

19 Section 405 of title 37, United States Code, is 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(d) NONRECURRING EXPENSES.—(1) The Secretary 

23 concerned may pay a member of the uniformed services 

24 on duty as described in subsection (a) a reimbursement 
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1 for a nonrecurring expense incurred by the member inci2 dent to such duty that— 

3 ‘‘(A) is directly related to the conditions or lo4 cation of the duty; 

5 ‘‘(B) is of a nature or a magnitude not nor6 mally incurred by members of the uniformed services 

7 on duty inside the continental United States; and 

8 ‘‘(C) is not included in the per diem determined 

9 under subsection (b) as payable to the member 

10 under subsection (a). 

11 ‘‘(2) Any reimbursement payable to a member under 

12 paragraph (1) is in addition to a per diem payable to that 

13 member under subsection (a).’’. 

14 SEC. 603. PERMANENT INCREASE IN AUTHORIZED AMOUNT 

15 OF FAMILY SEPARATION ALLOWANCE. 

16 (a) PERMANENT AMOUNT.—Subsection (a)(1) of sec17 tion 427 of title 37, United States Code, is amended by 

18 striking ‘‘$100’’ and inserting ‘‘$250’’. 

19 (b) REPEAL OF TEMPORARY AUTHORITY.—Sub20 section (e) of such section is repealed. 

21 (c) EFFECTIVE DATE.—This section and the amend22 ments made by this section shall take effect on the earlier 

23 of— 

24 (1) the first day of the first month that begins 

25 after the date of the enactment of this Act; or 
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1 (2) January 1, 2005. 

2 Subtitle B—Bonuses and Special 

3 and Incentive Pays 

4 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

5 SPECIAL PAY AUTHORITIES FOR RESERVE 

6 FORCES. 

7 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

8 Section 308b(g) of title 37, United States Code, is amend9 ed by striking ‘‘December 31, 2004’’ and inserting ‘‘De10 cember 31, 2005’’. 

11 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec12 tion 308c(e) of such title is amended by striking ‘‘Decem13 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

14 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS15 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

16 308d(c) of such title is amended by striking ‘‘December 

17 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

18 (d) SELECTED RESERVE AFFILIATION BONUS.—Sec19 tion 308e(e) of such title is amended by striking ‘‘Decem20 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

21 (e) READY RESERVE ENLISTMENT AND REENLIST22 MENT BONUS.—Section 308h(g) of such title is amended 

23 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem24 ber 31, 2005’’. 
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1 (f) PRIOR SERVICE ENLISTMENT BONUS.—Section 

2 308i(f ) of such title is amended by striking ‘‘December 

3 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

4 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

5 SPECIAL PAY AUTHORITIES FOR CERTAIN 

6 HEALTH CARE PROFESSIONALS. 

7 (a) NURSE OFFICER CANDIDATE ACCESSION PRO8 GRAM.—Section 2130a(a)(1) of title 10, United States 

9 Code, is amended by striking ‘‘December 31, 2004’’ and 

10 inserting ‘‘December 31, 2005’’. 

11 (b) REPAYMENT OF EDUCATION LOANS FOR CER12 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE13 LECTED RESERVE.—Section 16302(d) of such title is 

14 amended by striking ‘‘January 1, 2005’’ and inserting 

15 ‘‘January 1, 2006’’. 

16 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

17 Section 302d(a)(1) of title 37, United States Code, is 

18 amended by striking ‘‘December 31, 2004’’ and inserting 

19 ‘‘December 31, 2005’’. 

20 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES21 THETISTS.—Section 302e(a)(1) of such title is amended 

22 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem23 ber 31, 2005’’. 

24 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

25 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE-
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1 CIALTIES.—Section 302g(f ) of such title is amended by 

2 striking ‘‘December 31, 2004’’ and inserting ‘‘December 

3 31, 2005’’. 

4 (f) ACCESSION BONUS FOR DENTAL OFFICERS.— 

5 Section 302h(a)(1) of such title is amended by striking 

6 ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

7 2005’’. 

8 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

9 BONUS AUTHORITIES FOR NUCLEAR OFFI10 CERS. 

11 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI12 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

13 312(e) of title 37, United States Code, is amended by 

14 striking ‘‘December 31, 2004’’ and inserting ‘‘December 

15 31, 2005’’. 

16 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

17 312b(c) of such title is amended by striking ‘‘December 

18 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

19 (c) NUCLEAR CAREER ANNUAL INCENTIVE

20 BONUS.—Section 312c(d) of such title is amended by 

21 striking ‘‘December 31, 2004’’ and inserting ‘‘December 

22 31, 2005’’. 
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1 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND 

2 SPECIAL PAY AUTHORITIES. 

3 (a) AVIATION OFFICER RETENTION BONUS.—Sec4 tion 301b(a) of title 37, United States Code, is amended 

5 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem6 ber 31, 2005’’. 

7 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) 

8 of such title is amended by striking ‘‘December 31, 2005’’ 

9 and inserting ‘‘December 31, 2006’’. 

10 (c) REENLISTMENT BONUS FOR ACTIVE MEM11 BERS.—Section 308(g) of such title is amended by strik12 ing ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

13 2005’’. 

14 (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.— 

15 Section 309(e) of such title is amended by striking ‘‘De16 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

17 (e) RETENTION BONUS FOR MEMBERS WITH CRIT18 ICAL MILITARY SKILLS.—Section 323(i) of such title is 

19 amended by striking ‘‘December 31, 2004’’ and inserting 

20 ‘‘December 31, 2005’’. 

21 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT22 ICAL SKILLS.—Section 324(g) of such title is amended by 

23 striking ‘‘December 31, 2004’’ and inserting ‘‘December 

24 31, 2005’’. 
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1 SEC. 615. REDUCED SERVICE OBLIGATION FOR NURSES RE2 CEIVING NURSE ACCESSION BONUS. 

3 (a) PERIOD OF OBLIGATED SERVICE.—Section 

4 302d(a)(1) of title 37, United States Code, is amended 

5 by striking ‘‘four years’’ and inserting ‘‘three years’’. 

6 (b) EFFECTIVE DATE AND APPLICABILITY.—The 

7 amendment made by subsection (a) shall take effect on 

8 October 1, 2004, and shall apply with respect to agree9 ments entered into under section 302d of title 37, United 

10 States Code, on or after such date. 

11 SEC. 616. ASSIGNMENT INCENTIVE PAY. 

12 (a) DISCONTINUATION UPON COMMENCEMENT OF

13 TERMINAL LEAVE.—(1) Subsection (e) of section 307a of 

14 title 37, United States Code, is amended by striking ‘‘ab15 sence of the member for authorized leave.’’ and inserting 

16 the following: 

17 ‘‘(2) absence of the member for authorized 

18 leave, other than leave authorized for a period end19 ing upon the discharge of the member or the release 

20 of the member from active duty.’’. 

21 (2) Such subsection is further amended by striking 

22 ‘‘by reason of’’ and all that follows through ‘‘pursuant to 

23 orders or’’ and inserting ‘‘by reason of— 

24 ‘‘(1) temporary duty performed by the member 

25 pursuant to orders; or’’. 
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1 (b) DISCRETIONARY WRITTEN AGREEMENTS.—Sub2 section (b) of such section is amended to read as follows: 

3 ‘‘(b) WRITTEN AGREEMENT.—The Secretary con4 cerned may require a member to enter into a written 

5 agreement with the Secretary in order to qualify for the 

6 incentive pay under this section. A written agreement 

7 under this subsection shall set forth the period for which 

8 the incentive pay is to be provided and the monthly rate 

9 at which the incentive pay is to be paid.’’. 

10 (c) EFFECTIVE DATE AND APPLICABILITY.—(1) The 

11 amendments made by subsection (a) shall take effect on 

12 October 1, 2004. 

13 (2) Paragraph (2) of section 307a(e) of title 37, 

14 United States Code, shall apply with respect to authorized 

15 leave for days after September 30, 2004. 

16 SEC. 617. PERMANENT INCREASE IN AUTHORIZED AMOUNT 

17 OF HOSTILE FIRE AND IMMINENT DANGER 

18 SPECIAL PAY. 

19 (a) PERMANENT AMOUNT.—Subsection (a) of section 

20 310 of title 37, United States Code, is amended by strik21 ing ‘‘$150’’ in the matter preceding paragraph (1) and 

22 inserting ‘‘$225’’. 

23 (b) REPEAL OF TEMPORARY AUTHORITY.—Sub24 section (e) of such section is repealed. 
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1 (c) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on the earlier 

3 of— 

4 (1) the first day of the first month that begins 

5 after the date of the enactment of this Act; or 

6 (2) January 1, 2005. 

7 SEC. 618. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY 

8 FOR CRITICAL SKILLS RETENTION BONUS 

9 WHILE SERVING ON INDEFINITE REENLIST10 MENT. 

11 Paragraph (2) of section 323(a) of title 37, United 

12 States Code, is amended to read as follows: 

13 ‘‘(2) in the case of an enlisted member— 

14 ‘‘(A) the member, if serving under an en15 listment for a definite period— 

16 ‘‘(i) reenlists for a period of at least 

17 one year; or 

18 ‘‘(ii) voluntarily extends the member’s 

19 enlistment for a period of at least one 

20 year; or 

21 ‘‘(B) the member, if serving under an en22 listment for an indefinite period, enters into a 

23 written agreement with the Secretary concerned 

24 to remain on active duty for at least one year 

25 under such enlistment.’’. 
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1 SEC. 619. CLARIFICATION OF EDUCATIONAL PURSUITS 

2 QUALIFYING FOR SELECTED RESERVE EDU3 CATION LOAN REPAYMENT PROGRAM FOR 

4 HEALTH PROFESSIONS OFFICERS. 

5 Section 16302(a)(5) of title 10, United States Code, 

6 is amended by striking ‘‘regarding’’ and inserting ‘‘for a 

7 basic professional qualifying degree (as determined under 

8 regulations prescribed by the Secretary), or graduate edu9 cation, in’’. 

10 SEC. 620. BONUS FOR CERTAIN INITIAL SERVICE OF COM11 MISSIONED OFFICERS IN THE SELECTED RE12 SERVE. 

13 (a) AUTHORITY.—Chapter 5 of title 37, United 

14 States Code, is amended by inserting after section 308i 

15 the following new section: 

16 ‘‘§ 308j. Special pay: bonus for certain initial service 

17 of commissioned officers in the Selected 

18 Reserve 

19 ‘‘(a) AFFILIATION BONUS.—(1) The Secretary con20 cerned may pay an affiliation bonus under this section to 

21 an eligible commissioned officer in any of the armed forces 

22 who enters into an agreement with the Secretary to serve, 

23 for the period specified in the agreement, in the Selected 

24 Reserve of the Ready Reserve of an armed force under 

25 the Secretary’s jurisdiction— 
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1 ‘‘(A) in a critical officer skill designated under 

2 paragraph (3); or 

3 ‘‘(B) to meet a manpower shortage in— 

4 ‘‘(i) a unit of that Selected Reserve; or 

5 ‘‘(ii) a particular pay grade in that armed 

6 force. 

7 ‘‘(2) A commissioned officer is eligible for an affili8 ation bonus under this section if the officer— 

9 ‘‘(A) either— 

10 ‘‘(i) is serving on active duty for a period 

11 of more than 30 days; or 

12 ‘‘(ii) is a member of a reserve component 

13 not on active duty and, if the member formerly 

14 served on active duty, was released from active 

15 duty under honorable conditions; 

16 ‘‘(B) has not previously served in the Selected 

17 Reserve of the Ready Reserve; and 

18 ‘‘(C) is not entitled to receive retired or retainer 

19 pay. 

20 ‘‘(3)(A) The Secretary concerned shall designate for 

21 an armed force under the Secretary’s jurisdiction the crit22 ical officer skills to which the bonus authority under this 

23 subsection is to be applied. 

24 ‘‘(B) A skill may be designated as a critical officer 

25 skill for an armed force under subparagraph (A) if, to 
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1 meet requirements of that armed force, it is critical for 

2 that armed force to have a sufficient number of officers 

3 who are qualified in that skill. 

4 ‘‘(4) An affiliation bonus payable pursuant to an 

5 agreement under this section to an eligible officer accrues 

6 on the date on which the person is assigned to a unit or 

7 position in the Selected Reserve pursuant to such agree8 ment. 

9 ‘‘(b) ACCESSION BONUS.—(1) The Secretary con10 cerned may pay an accession bonus under this section to 

11 an eligible person who enters into an agreement with the 

12 Secretary— 

13 ‘‘(A) to accept an appointment as a commis14 sioned officer in the armed forces; and 

15 ‘‘(B) to serve in the Selected Reserve of the 

16 Ready Reserve in a skill designated under paragraph 

17 (2) for a period specified in the agreement. 

18 ‘‘(2)(A) The Secretary concerned shall designate for 

19 an armed force under the Secretary’s jurisdiction the offi20 cer skills to which the authority under this subsection is 

21 to be applied. 

22 ‘‘(B) A skill may be designated for an armed force 

23 under subparagraph (A) if, to mitigate a current or pro24 jected significant shortage of personnel in that armed 

25 force who are qualified in that skill, it is critical to in-
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1 crease the number of persons accessed into that armed 

2 force who are qualified in that skill or are to be trained 

3 in that skill. 

4 ‘‘(3) An accession bonus payable to a person pursu5 ant to an agreement under this section accrues on the date 

6 on which that agreement is accepted by the Secretary con7 cerned. 

8 ‘‘(c) PERIOD OF OBLIGATED SERVICE.—An agree9 ment entered into with the Secretary concerned under this 

10 section shall require the person entering into that agree11 ment to serve in the Selected Reserve for a specified pe12 riod. The period specified in the agreement shall be any 

13 period not less than three years that the Secretary con14 cerned determines appropriate to meet the needs of the 

15 reserve component in which the service is to be performed. 

16 ‘‘(d) AMOUNT.—The amount of a bonus under this 

17 section may be any amount not in excess of $6,000 that 

18 the Secretary concerned determines appropriate. 

19 ‘‘(e) PAYMENT.—Upon acceptance of a written agree20 ment by the Secretary concerned under this section, the 

21 total amount of the bonus payable under the agreement 

22 becomes fixed. The agreement shall specify whether the 

23 bonus is to be paid in one lump sum or in installments. 

24 ‘‘(f) RELATION TO OTHER ACCESSION BONUS AU25 THORITY.—No person may receive an affiliation bonus or 
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1 accession bonus under this section and financial assistance 

2 under chapter 1608, 1609, or 1611 of title 10, or under 

3 section 302g of this title, for the same period of service. 

4 ‘‘(g) REPAYMENT FOR FAILURE TO COMMENCE OR

5 COMPLETE OBLIGATED SERVICE.—(1) A person who, 

6 after receiving all or part of the bonus under an agreement 

7 entered into by that person under this section, does not 

8 accept a commission as an officer or does not commence 

9 to participate or does not satisfactorily participate in the 

10 Selected Reserve for the total period of service specified 

11 in the agreement shall repay to the United States such 

12 compensation or benefit, except under conditions pre13 scribed by the Secretary concerned. 

14 ‘‘(2) The Secretary concerned shall include in each 

15 agreement entered into by the Secretary under this section 

16 the requirements that apply for any repayment under this 

17 subsection, including the method for computing the 

18 amount of the repayment and any exceptions. 

19 ‘‘(3) An obligation to repay the United States im20 posed under paragraph (1) is for all purposes a debt owed 

21 to the United States. A discharge in bankruptcy under 

22 title 11 that is entered less than five years after the termi23 nation of an agreement entered into under this section 

24 does not discharge a person from a debt arising under an 
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1 agreement entered into under this subsection or a debt 

2 arising under paragraph (1).’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

‘‘308j. Special pay: bonus for certain initial service of commissioned officers in 

the Selected Reserve.’’. 

6 Subtitle C—Travel and 

7 Transportation Allowances 

8 SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES 

9 FOR FAMILY MEMBERS TO ATTEND BURIAL 

10 CEREMONIES OF MEMBERS WHO DIE ON 

11 DUTY. 

12 (a) AUTHORIZED TRAVEL DESTINATION.—Sub13 section (a)(1) of section 411f of title 37, United States 

14 Code, is amended by inserting before the period at the 

15 end the following: ‘‘at the location determined under sub16 section (a)(8) or (d)(2) of section 1482 of title 10’’. 

17 (b) LIMITATION ON AMOUNT.—Subsection (b) of 

18 such section is amended to read as follows: 

19 ‘‘(b) LIMITATION ON AMOUNT.—Allowances for trav20 el under subsection (a) may not exceed the rates for two 

21 days and the time necessary for such travel.’’. 

22 (c) UNCONDITIONAL ELIGIBILITY OF DECEASED’S

23 PARENTS.—Subsection (c)(1)(C) of such section is 

24 amended by striking ‘‘If no person described in subpara-
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1 graph (A) or (B) is provided travel and transportation al2 lowances under subsection (a)(1), the’’ and inserting 

3 ‘‘The’’. 

4 SEC. 632. LODGING COSTS INCURRED IN CONNECTION 

5 WITH DEPENDENT STUDENT TRAVEL. 

6 (a) AUTHORITY.—Section 430(b)(1) of title 37, 

7 United States Code, is amended— 

8 (1) by inserting ‘‘(A)’’ after ‘‘(b) ALLOWANCE

9 AUTHORIZED.—(1)’’; and 

10 (2) by adding at the end the following new sub11 paragraph: 

12 ‘‘(B) The allowance authorized under subparagraph 

13 (A) for an eligible dependent’s travel may include reim14 bursement for costs that are incurred by or for the de15 pendent for lodging of the dependent that is necessitated 

16 by an interruption in the travel caused by extraordinary 

17 circumstances prescribed in the regulations under sub18 section (a). The amount of a reimbursement payable 

19 under this subparagraph shall be a rate that is applicable 

20 to the circumstances under regulations prescribed by the 

21 Secretaries concerned.’’. 

22 (b) EFFECTIVE DATE AND APPLICABILITY.—The 

23 amendments made by subsection (a) shall take effect on 

24 October 1, 2004, and shall apply with respect to lodging 

25 that commences on or after such date. 
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1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 641. SPECIAL RULE FOR COMPUTING THE HIGH-36 

4 MONTH AVERAGE FOR DISABLED MEMBERS 

5 OF RESERVE COMPONENTS. 

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

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

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

9 paragraph: 

10 ‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT

11 MEMBERS.—In the application of paragraphs (1) 

12 and (2) to a member of a reserve component of a 

13 uniformed service who is entitled to retired pay 

14 under section 1201 or 1202 of this title, each month 

15 during which the member performed duty for which 

16 basic pay is paid under section 203 of title 37 or 

17 compensation is paid under section 206 of such title 

18 shall be treated as if it were one month of active 

19 service.’’. 

20 (b) EFFECTIVE DATES AND APPLICABILITY.—(1) 

21 Paragraph (3) of section 1407(c) of title 10, United States 

22 Code (as added by subsection (a)), shall take effect on Oc23 tober 1, 2004, and shall apply with respect to months be24 ginning on or after such date, except as provided in para25 graph (2). 
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1 (2) For the computation of survivor annuities under 

2 subparagraph (A)(i) or (B) of section 1451(c)(1) of title 

3 10, United States Code (as amended by section 642(b) 

4 of Public Law 107–107; 115 Stat. 1152)), paragraph (3) 

5 of section 1407(c) of title 10, United States Code (as 

6 added by subsection (a)), shall take effect as of September 

7 10, 2001, and shall apply with respect to deaths of mem8 bers of the uniformed services occurring on or after that 

9 date. 

10 Subtitle E—Other Matters 

11 SEC. 651. INCREASED MAXIMUM PERIOD FOR LEAVE OF AB12 SENCE FOR PURSUIT OF A PROGRAM OF EDU13 CATION IN A HEALTH CARE PROFESSION. 

14 Section 708(a) of title 10, United States Code, is 

15 amended— 

16 (1) by striking ‘‘for a period not to exceed two 

17 years’’; and 

18 (2) by adding at the end the following: ‘‘The 

19 period of a leave of absence granted under this sec20 tion may not exceed two years, except that the pe21 riod may exceed two years but may not exceed three 

22 years in the case of an eligible member pursuing a 

23 program of education in a health care profession.’’. 
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1 SEC. 652. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT 

2 OF EXPENSES INCURRED FOR ADOPTION 

3 PLACEMENTS MADE BY FOREIGN GOVERN4 MENTS. 

5 Section 1052(g)(3) of title 10, United States Code, 

6 is amended by adding at the end the following new sub7 paragraph: 

8 ‘‘(D) A foreign government or an agency 

9 authorized by a foreign government to place 

10 children for adoption, in any case in which— 

11 ‘‘(i) the adopted child is entitled to 

12 automatic citizenship under section 320 of 

13 the Immigration and Nationality Act (8 

14 U.S.C. 1431); or 

15 ‘‘(ii) a certificate of citizenship has 

16 been issued for such child under section 

17 322 of that Act (8 U.S.C. 1433).’’. 

18 TITLE VII—HEALTH CARE 

19 Subtitle A—Enhanced Benefits for 

20 Reserves 

21 SEC. 701. DEMONSTRATION PROJECT ON HEALTH BENE22 FITS FOR RESERVES. 

23 (a) DEMONSTRATION PROJECT REQUIRED.—The 

24 Secretary of Defense shall carry out a demonstration 

25 project under section 1092 of title 10, United States Code, 

26 to assess the need for, and feasibility of, providing benefits 
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1 under the TRICARE program to members of the Ready 

2 Reserve of the Armed Forces who are (1) eligible unem3 ployment compensation recipients, (2) in a period of con4 tinuous unemployment from the end of their last month 

5 as eligible unemployment compensation recipients, or (3) 

6 ineligible for coverage by employer-sponsored health bene7 fits plans for employees. 

8 (b) DEFINITION.—In this section, the term ‘‘eligible 

9 unemployment compensation recipient’’ has the meaning 

10 given such term in section 1076b(j) of title 10, United 

11 States Code. 

12 SEC. 702. PERMANENT EARLIER ELIGIBILITY DATE FOR 

13 TRICARE BENEFITS FOR MEMBERS OF RE14 SERVE COMPONENTS. 

15 Section 1074(d) of title 10, United States Code, is 

16 amended by striking paragraph (3). 

17 SEC. 703. WAIVER OF CERTAIN DEDUCTIBLES FOR MEM18 BERS ON ACTIVE DUTY FOR A PERIOD OF 

19 MORE THAN 30 DAYS. 

20 Section 1095d(a) of title 10, United States Code, is 

21 amended by striking ‘‘a period of less than one year’’ both 

22 places that it appears and inserting ‘‘a period of more 

23 than 30 days’’. 
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1 SEC. 704. PROTECTION OF DEPENDENTS FROM BALANCE 

2 BILLING. 

3 Section 1079(h)(4) of title 10, United States Code, 

4 is amended by adding at the end the following new sub5 paragraph: 

6 ‘‘(C) In the case of a member of the reserve compo7 nents serving on active duty for a period of more than 

8 30 days in support of a contingency operation under a 

9 provision of law referred to in section 101(a)(13)(B) of 

10 this title, the Secretary may pay the amount applicable 

11 under subparagraph (B) to a dependent of such member 

12 who is referred to in subparagraph (A).’’. 

13 SEC. 705. PERMANENT EXTENSION OF TRANSITIONAL 

14 HEALTH CARE BENEFITS AND ADDITION OF 

15 REQUIREMENT FOR PRESEPARATION PHYS16 ICAL EXAMINATION. 

17 (a) PERMANENT REQUIREMENT.—(1) Paragraph (3) 

18 of section 1145(a) of title 10, United States Code, is 

19 amended to read as follows: 

20 ‘‘(3) Transitional health care for a member under 

21 subsection (a) shall be available for 180 days beginning 

22 on the date on which the member is separated from active 

23 duty.’’. 

24 (2) The following provisions of law are repealed: 
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1 (A) Section 704 of the National Defense Au2 thorization Act for Fiscal Year 2004 (Public Law 

3 108–136; 117 Stat. 1527; 10 U.S.C. 1145 note). 

4 (B) Section 1117 of the Emergency Supple5 mental Appropriations Act for Defense and for the 

6 Reconstruction of Iraq and Afghanistan, 2004 (Pub7 lic Law 108–106; 117 Stat. 1218; 10 U.S.C. 1145 

8 note). 

9 (b) REQUIREMENT FOR PHYSICAL EXAMINATION.— 

10 Such section 1145(a), as amended by subsection (a), is 

11 further amended by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) The Secretary concerned shall require each 

14 member referred to in paragraph (1) to undergo a com15 prehensive physical examination immediately before the 

16 member is separated from active duty as described in 

17 paragraph (2).’’. 

18 SEC. 706. PERMANENT ELECTIVE COVERAGE FOR READY 

19 RESERVE MEMBERS UNDER TRICARE PRO20 GRAM. 

21 (a) AUTHORITY.—(1) Chapter 55 of title 10, United 

22 States Code, is amended by inserting after section 1076c 

23 the following new section: 
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1 ‘‘§ 1076d. TRICARE program: TRICARE Reserve Se2 lect 

3 ‘‘(a) IN GENERAL.—TRICARE Reserve Select is a 

4 health care benefits option under the TRICARE program. 

5 ‘‘(b) ELIGIBILITY.—A member of the Selected Re6 serve of the Ready Reserve is eligible to enroll in 

7 TRICARE Reserve Select for health care benefits to be 

8 provided under TRICARE Standard if— 

9 ‘‘(1) the member is not entitled to care under 

10 section 1074 of this title; and 

11 ‘‘(2) the member and (in the case of a member 

12 covered by subparagraph (A) of subsection (f)(4)) 

13 the member’s employer enter into an agreement with 

14 the Secretary concerned to pay the applicable pre15 mium in accordance with that subsection. 

16 ‘‘(c) ENROLLMENT.—A member eligible under sub17 section (a) may enroll in TRICARE Reserve Select at any 

18 time. An enrollment is continuous until terminated under 

19 this section. 

20 ‘‘(d) TYPES OF COVERAGE.—An enrollment of a 

21 member under this section is— 

22 ‘‘(1) for self alone coverage if the member has 

23 no immediate family; or 

24 ‘‘(2) for coverage of the member and the mem25 ber’s immediate family. 
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1 ‘‘(e) SCOPE OF CARE.—A member and the members 

2 of the member’s immediate family enrolled in TRICARE 

3 Reserve Select under this section shall be entitled to the 

4 same benefits under TRICARE Standard as members and 

5 former members of the uniformed services referred to in 

6 section 1074(b) of this title and their dependents, respec7 tively. 

8 ‘‘(f) PREMIUMS.—(1) The Secretary of Defense shall 

9 charge a premium for the TRICARE Standard benefits 

10 provided pursuant to an enrollment in TRICARE Reserve 

11 Select under this section. 

12 ‘‘(2) The Secretary shall prescribe one premium for 

13 enrollments for self alone coverage and one premium for 

14 enrollments for self and family coverage. 

15 ‘‘(3) The monthly amount of the premium in effect 

16 for a month for a level of coverage under this section 

17 shall— 

18 ‘‘(A) be the total amount determined by the 

19 Secretary on an appropriate actuarial basis as being 

20 reasonable for the coverage; and 

21 ‘‘(B) apply uniformly to all members enrolled 

22 for that level of coverage without regard to the geo23 graphical location of— 

24 ‘‘(i) a member, any of the member’s imme25 diate family, or an employer of the member; or 
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1 ‘‘(ii) a residence of a member or any of the 

2 member’s immediate family. 

3 ‘‘(4) A premium payable in the case of a member 

4 under this subsection shall be paid as follows: 

5 ‘‘(A) If the member is employed and is not de6 scribed in subparagraph (B)— 

7 ‘‘(i) the member shall pay 28 percent of 

8 the amount of the premium; and 

9 ‘‘(ii) the member’s employer shall pay 72 

10 percent of the amount of the premium. 

11 ‘‘(B) If the member is employed but is ineligible 

12 for coverage by the employer-sponsored health bene13 fits plan or plans (if any) that the member’s em14 ployer offers for employees, the member shall pay 

15 100 percent of the amount of the premium. 

16 ‘‘(C) If the member is not employed, the mem17 ber shall pay 100 percent of the amount of the pre18 mium. 

19 ‘‘(5) The premiums payable by a member under this 

20 subsection may be deducted and withheld from basic pay 

21 payable to the member under section 204 of title 37 or 

22 from compensation payable to the member under section 

23 206 of such title. The Secretary shall prescribe the re24 quirements and procedures applicable to the payment of 
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1 premiums by Reserves not entitled to such basic pay or 

2 compensation. 

3 ‘‘(6) Amounts collected as premiums under this sub4 section shall be credited to the appropriation available for 

5 the Defense Health Program Account under section 1100 

6 of this title, shall be merged with sums in such Account 

7 that are available for the fiscal year in which collected, 

8 and shall be available under subsection (b) of such section 

9 for such fiscal year. 

10 ‘‘(g) OTHER CHARGES.—A person who receives 

11 health care pursuant to an enrollment in TRICARE Re12 serve Select under this section, including a member who 

13 receives such health care, shall be subject to the same 

14 deductibles, copayments, and other nonpremium charges 

15 for health care as apply under this chapter for health care 

16 provided under TRICARE Standard to the immediate 

17 family of members of the uniformed services on active 

18 duty. 

19 ‘‘(h) TERMINATION OF ENROLLMENT.—(1) A mem20 ber enrolled in TRICARE Reserve Select under this sec21 tion may terminate the enrollment at any time. 

22 ‘‘(2) An enrollment of a member shall terminate on 

23 the earlier of— 
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1 ‘‘(A) the date on which the member ceases to 

2 be a member of the Selected Reserve of the Ready 

3 Reserve; 

4 ‘‘(B) the first day of the first month beginning 

5 after the date on which the member otherwise ceases 

6 to be eligible under subsection (b); or 

7 ‘‘(C) the date on which— 

8 ‘‘(i) the member becomes entitled to care 

9 under section 1074 of this title; and 

10 ‘‘(ii) the administrative transition from 

11 coverage for health care benefits under this sec12 tion to coverage for health care benefits under 

13 such section 1074 is effectuated. 

14 ‘‘(3) The enrollment of a member under this section 

15 may be terminated on the basis of failure to pay the pre16 mium charged the member under this section. 

17 ‘‘(i) ADVISORY COMMITTEE.—(1) The Secretary of 

18 Defense shall establish under section 173 of this title an 

19 advisory committee— 

20 ‘‘(A) to provide advice to the Secretary on the 

21 implementation of the TRICARE Reserve Select 

22 program under this section; and 

23 ‘‘(B) to coordinate efforts to disseminate infor24 mation on the program to employers of members of 

25 the Selected Reserve of the Ready Reserve. 
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1 ‘‘(2) The advisory committee shall be composed of the 

2 following members: 

3 ‘‘(A) Members appointed by the Secretary as 

4 representatives of the Defense Advisory Board on 

5 Employer Support of the Guard and Reserve. 

6 ‘‘(B) Members designated by the Secretary 

7 from among the TRICARE program regional direc8 tors as representatives of the directors. 

9 ‘‘(C) Members designated by the Director of the 

10 Office of Personnel Management as representatives 

11 of that agency, in such number as the Secretary and 

12 Director shall agree. 

13 ‘‘(j) REGULATIONS.—The Secretary of Defense, in 

14 consultation with the other administering Secretaries, 

15 shall prescribe regulations for the administration of this 

16 section. 

17 ‘‘(k) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘immediate family’, with respect 

19 to a member of the uniformed services, means all of 

20 the member’s dependents described in subpara21 graphs (A), (D), and (I) of section 1072(2) of this 

22 title. 

23 ‘‘(2) The term ‘self and family coverage’ means 

24 coverage described in subsection (d)(2). 
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1 ‘‘(3) The term ‘TRICARE Standard’ means the 

2 Civilian Health and Medical Program of the Uni3 formed Services option under the TRICARE pro4 gram.’’. 

5 (2) The table of sections at the beginning of such 

6 chapter is amended by inserting after the item relating 

7 to section 1076c the following new item: 

‘‘1076d. TRICARE program: TRICARE Reserve Select.’’. 

8 (b) REPORT.—Not later than 90 days after the date 

9 of the enactment of this Act, the Secretary of Defense 

10 shall submit to the congressional defense committees a re11 port on the plans for implementing section 1076d of title 

12 10, United States Code (as added by subsection (a)). 

13 Subtitle B—Other Matters 

14 SEC. 711. REPEAL OF REQUIREMENT FOR PAYMENT OF 

15 SUBSISTENCE CHARGES WHILE HOSPITAL16 IZED. 

17 (a) REPEAL.—Section 1075 of title 10, United States 

18 Code, is repealed. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 55 of such title is amended 

21 by striking the item relating to section 1075. 
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1 SEC. 712. OPPORTUNITY FOR YOUNG CHILD DEPENDENT 

2 OF DECEASED MEMBER TO BECOME ELIGI3 BLE FOR ENROLLMENT IN A TRICARE DEN4 TAL PLAN. 

5 Section 1076a(k)(2) of title 10, United States Code, 

6 is amended— 

7 (1) by striking ‘‘under subsection (a) or’’ and 

8 inserting ‘‘under subsection (a),’’; and 

9 (2) by inserting after ‘‘under subsection (f),’’ 

10 the following: ‘‘or is not enrolled because the de11 pendent is a child under the minimum age for en12 rollment,’’. 

13 SEC. 713. PEDIATRIC DENTAL PRACTICE NECESSARY FOR 

14 PROFESSIONAL ACCREDITATION. 

15 Section 1077(c) of title 10, United States Code, is 

16 amended— 

17 (1) by striking ‘‘A dependent’’ and inserting 

18 ‘‘(1) Except as specified in paragraph (2), a depend19 ent’’; and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2)(A) Dependents 12 years of age or younger who 

23 are covered by a dental plan under section 1076a of this 

24 title may be treated by postgraduate dental students in 

25 a dental treatment facility of the uniformed services ac26 credited by the American Dental Association under a 
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1 graduate dental education program accredited by the 

2 American Dental Association if— 

3 ‘‘(i) treatment of pediatric dental patients is 

4 necessary in order to satisfy an accreditation stand5 ard of the American Dental Association that is ap6 plicable to such facility or program, or training in 

7 pediatric dental care is necessary for the students to 

8 be professionally qualified to provide dental care for 

9 dependent children accompanying members of the 

10 uniformed services outside the United States; and 

11 ‘‘(ii) the caseload of pediatric patients at such 

12 facility is insufficient to support satisfaction of the 

13 accreditation or professional requirements in pedi14 atric dental care that apply to such facility, pro15 gram, or students. 

16 ‘‘(B) The total number of dependents treated in all 

17 facilities of the uniformed services under subparagraph 

18 (A) in a fiscal year may not exceed 2,000.’’. 

19 SEC. 714. SERVICES OF MARRIAGE AND FAMILY THERA20 PISTS. 

21 (a) AUTHORITY TO ENTER INTO PERSONAL SERV22 ICES CONTRACTS.—Section 704(c)(2) of the National De23 fense Authorization Act for Fiscal Year 1995 (Public Law 

24 103–337; 108 Stat. 2799; 10 U.S.C. 1091 note) is amend25 ed by inserting ‘‘marriage and family therapists certified 
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1 as such by a certification recognized by the Secretary of 

2 Defense,’’ after ‘‘psychologists,’’. 

3 (b) APPLICABILITY OF LICENSURE REQUIREMENT

4 FOR HEALTH-CARE PROFESSIONALS.—Section 

5 1094(e)(2) of title 10, United States Code, is amended 

6 by inserting ‘‘marriage and family therapist certified as 

7 such by a certification recognized by the Secretary of De8 fense,’’ after ‘‘psychologist,’’. 

9 SEC. 715. CHIROPRACTIC HEALTH CARE BENEFITS ADVI10 SORY COMMITTEE. 

11 (a) ESTABLISHMENT.—Not later than 30 days after 

12 the date of the enactment of this Act, the Secretary of 

13 Defense shall establish an oversight advisory committee to 

14 provide the Secretary with advice and recommendations 

15 regarding the continued development and implementation 

16 of an effective program of chiropractic health care benefits 

17 for members of the uniformed services on active duty. 

18 (b) MEMBERSHIP.—The advisory committee shall be 

19 composed of members selected from among persons who, 

20 by reason of education, training, and experience, are ex21 perts in chiropractic health care, as follows: 

22 (1) Members appointed by the Secretary of De23 fense in such number as the Secretary determines 

24 appropriate for carrying out the duties of the advi25 sory committee effectively. 
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1 (2) A representative of each of the Armed 

2 Forces, as designated by the Secretary of the mili3 tary department concerned. 

4 (c) CHAIRMAN.—The Secretary of Defense shall des5 ignate one member of the advisory committee to serve as 

6 the Chairman of the advisory committee. 

7 (d) MEETINGS.—The advisory committee shall meet 

8 at the call of the Chairman, but not fewer than three times 

9 each fiscal year, beginning in fiscal year 2005. 

10 (e) DUTIES.—The advisory committee shall have the 

11 following duties: 

12 (1) Review and evaluate the program of chiro13 practic health care benefits provided to members of 

14 the uniformed services on active duty under chapter 

15 55 of title 10, United States Code. 

16 (2) Provide the Secretary of Defense with ad17 vice and recommendations as described in subsection 

18 (a). 

19 (3) Upon the Secretary’s determination that the 

20 program of chiropractic health care benefits referred 

21 to in paragraph (1) has been fully implemented, pre22 pare and submit to the Secretary a report containing 

23 the advisory committee’s evaluation of such program 

24 as implemented. 
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1 (f) APPLICABILITY OF TEMPORARY ORGANIZATIONS

2 LAW.—(1) Section 3161 of title 5, United States Code, 

3 shall apply to the advisory committee under this section. 

4 (2) The Federal Advisory Committee Act (5 U.S.C. 

5 App.) shall not apply to the oversight advisory committee 

6 under this section. 

7 (g) TERMINATION.—The advisory committee shall 

8 terminate 90 days after the date on which the committee 

9 submits the report to the Secretary of Defense under sub10 section (e)(3). 

11 SEC. 716. GROUNDS FOR PRESIDENTIAL WAIVER OF RE12 QUIREMENT FOR INFORMED CONSENT OR 

13 OPTION TO REFUSE REGARDING ADMINIS14 TRATION OF DRUGS NOT APPROVED FOR 

15 GENERAL USE. 

16 (a) INVESTIGATIONAL NEW DRUGS.—Section 

17 1107(f) of title 10, United States Code, is amended— 

18 (1) in paragraph (1), by striking ‘‘obtaining 

19 consent—’’ and all that follows through ‘‘(C) is’’ and 

20 inserting ‘‘obtaining consent is’’; and 

21 (2) by striking paragraph (2) and inserting the 

22 following new paragraph: 

23 ‘‘(2) The waiver authority provided in paragraph (1) 

24 shall not be construed to apply to any case other than 

25 a case in which prior consent for administration of a par-
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1 ticular drug is required by reason of a determination by 

2 the Secretary of Health and Human Services that such 

3 drug is subject to the investigational new drug require4 ments of section 505(i) of the Federal Food, Drug, and 

5 Cosmetic Act.’’. 

6 (b) EMERGENCY USE DRUGS.—Section 1107a(a) of 

7 such title is amended— 

8 (1) by inserting ‘‘(A)’’ after ‘‘PRESIDENT.— 

9 (1)’’; 

10 (2) by striking ‘‘is not feasible,’’ and all that 

11 follows through ‘‘members affected, or’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(B) The waiver authority provided in subparagraph 

15 (A) shall not be construed to apply to any case other than 

16 a case in which an individual is required to be informed 

17 of an option to accept or refuse administration of a par18 ticular product by reason of a determination by the Sec19 retary of Health and Human Services that emergency use 

20 of such product is authorized under section 564 of the 

21 Federal Food, Drug, and Cosmetic Act.’’. 
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Acquisition Policy and 

6 Management 

7 SEC. 801. RESPONSIBILITIES OF ACQUISITION EXECUTIVES 

8 AND CHIEF INFORMATION OFFICERS UNDER 

9 THE CLINGER-COHEN ACT. 

10 (a) ACQUISITIONS OF INFORMATION TECHNOLOGY

11 EQUIPMENT INTEGRAL TO A WEAPON OR WEAPON SYS12 TEM.—(1) Chapter 131 of title 10, United States Code, 

13 is amended by inserting after section 2223 the following: 

14 ‘‘§ 2223a. Acquisition of information technology 

15 equipment integral to a weapon or a 

16 weapon system 

17 ‘‘(a) RESPONSIBILITIES OF ACQUISITION EXECU18 TIVES.—The acquisition executive of each military depart19 ment shall be responsible for ensuring that, with regard 

20 to a weapon or weapon system acquired or to be acquired 

21 by or for that military department— 

22 ‘‘(1) the acquisition of information technology 

23 equipment that is integral to the weapon or a weap24 on system is conducted in a manner that is con25 sistent with the capital planning, investment control, 
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1 and performance and results-based management 

2 processes and requirements provided under sections 

3 11302, 11303, 11312, and 11313 of title 40, to the 

4 extent that such processes requirements are applica5 ble to the acquisition of such equipment; 

6 ‘‘(2) issues of spectrum availability, interoper7 ability, and information security are appropriately 

8 addressed in the development of the weapon or 

9 weapon system; and 

10 ‘‘(3) in the case of information technology 

11 equipment that is to be incorporated into a weapon 

12 or a weapon system under a major defense acquisi13 tion program, the information technology equipment 

14 is incorporated in a manner that is consistent 

15 with— 

16 ‘‘(A) the planned approach to applying cer17 tain provisions of law to major defense acquisi18 tion programs following the evolutionary acqui19 sition process that the Secretary of Defense re20 ported to Congress under section 802 of the 

21 Bob Stump National Defense Authorization Act 

22 for Fiscal Year 2003 (Public Law 107–314; 

23 116 Stat. 2602); 

24 ‘‘(B) the acquisition policies that apply to 

25 spiral development programs under section 803 
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1 of such Act (116 Stat. 2603; 10 U.S.C. 2430 

2 note); and 

3 ‘‘(C) the software acquisition processes of 

4 the military department or Defense Agency con5 cerned under section 804 of such Act (116 

6 Stat. 2604; 10 U.S.C. 2430 note). 

7 ‘‘(b) BOARD OF SENIOR ACQUISITION OFFICIALS.— 

8 (1) The Secretary of Defense shall establish a board of 

9 senior acquisition officials to develop policy and provide 

10 oversight on the implementation of the requirements of 

11 this section and chapter 113 of title 40 in procurements 

12 of information technology equipment that is integral to a 

13 weapon or a weapon system. 

14 ‘‘(2) The board shall be composed of the following 

15 officials: 

16 ‘‘(A) The Under Secretary of Defense for Ac17 quisition, Technology, and Logistics, who shall be 

18 the Chairman. 

19 ‘‘(B) The acquisition executives of the military 

20 departments. 

21 ‘‘(C) The Chief Information Officer of the De22 partment of Defense. 

23 ‘‘(3) Any question regarding whether information 

24 technology equipment is integral to a weapon or weapon 
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1 system shall be resolved by the board in accordance with 

2 policies established by the board. 

3 ‘‘(c) INAPPLICABILITY OF OTHER LAWS.—The fol4 lowing provisions of law do not apply to information tech5 nology equipment that is integral to a weapon or a weapon 

6 system: 

7 ‘‘(1) Section 11315 of title 40. 

8 ‘‘(2) The policies and procedures established 

9 under section 11316 of title 40. 

10 ‘‘(3) Subsections (d) and (e) of section 811 of 

11 the Floyd D. Spence National Defense Authorization 

12 Act for Fiscal Year 2001 (as enacted into law by 

13 Public Law 106–398; 114 Stat. 1654A–211), and 

14 the requirements and prohibitions that are imposed 

15 by Department of Defense Directive 5000.1 pursu16 ant to subsections (b) and (c) of such section. 

17 ‘‘(4) Section 351 of the Bob Stump National 

18 Defense Authorization Act for Fiscal Year 2003 

19 (Public Law 107–314; 116 Stat. 2516; 10 U.S.C. 

20 221 note). 

21 ‘‘(d) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘acquisition executive’, with re23 spect to a military department, means the official 

24 who is designated as the senior procurement execu25 tive of the military department under section 16(3) 
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1 of the Office of Federal Procurement Policy Act (41 

2 U.S.C. 414(3)). 

3 ‘‘(2) The term ‘information technology’ has the 

4 meaning given such term in section 11101 of title 

5 40. 

6 ‘‘(3) The term ‘major defense acquisition pro7 gram’ has the meaning given such term in section 

8 2430 of this title.’’. 

9 (2) The table of sections at the beginning of such 

10 chapter is amended by inserting after the item relating 

11 to section 2223 the following new item: 

‘‘2223a. Acquisition of information technology equipment integral to a weapon 

or a weapon system.’’. 

12 (b) CONFORMING AMENDMENTS.—Section 2223 of 

13 such title is amended— 

14 (1) by redesignating subsection (c) as sub15 section (d); and 

16 (2) by inserting after subsection (b) the fol17 lowing new subsection (c): 

18 ‘‘(c) EQUIPMENT INTEGRAL TO A WEAPON OR WEAP19 ON SYSTEM.—(1) In the case of information technology 

20 equipment that is integral to a weapon or weapon system 

21 acquired or to be acquired by or for a military department, 

22 the responsibilities under this section shall be performed 

23 by the acquisition executive of that military department 

24 pursuant to the guidance and oversight of the board of 
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1 senior acquisition officials established under section 

2 2223a(b) of this title. 

3 ‘‘(2) In this subsection, the term ‘acquisition execu4 tive’ has the meaning given said term in section 2223a(d) 

5 of this title.’’. 

6 SEC. 802. SOFTWARE-RELATED PROGRAM COSTS UNDER 

7 MAJOR DEFENSE ACQUISITION PROGRAMS. 

8 (a) CONTENT OF QUARTERLY UNIT COST RE9 PORT.—Subsection (b) of section 2433 of title 10, United 

10 States Code, is amended by adding at the end the fol11 lowing new paragraph: 

12 ‘‘(5) Any significant changes in the total pro13 gram cost for development and procurement of the 

14 software component of the program, schedule mile15 stones for the software component of the program, 

16 or expected performance for the software component 

17 of the program that are known, expected, or antici18 pated by the program manager.’’. 

19 (b) CONTENT OF SELECTED ACQUISITION RE20 PORT.—(1) Subsection (g)(1) of such section is amended 

21 by adding at the end the following new subparagraph: 

22 ‘‘(Q) In any case in which one or more prob23 lems with the software component of the program 

24 significantly contributed to the increase in program 
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1 unit costs, the action taken and proposed to be 

2 taken to solve such problems.’’. 

3 (2) Section 2432(e) of title 10, United States Code, 

4 is amended— 

5 (A) by redesignating paragraphs (7), (8), and 

6 (9), as paragraphs (8), (9) and (10), respectively; 

7 and 

8 (B) by inserting after paragraph (6) the fol9 lowing new paragraph (7): 

10 ‘‘(7) The reasons for any significant changes 

11 (from the previous Selected Acquisition Report) in 

12 the total program cost for development and procure13 ment of the software component of the program, 

14 schedule milestones for the software component of 

15 the program, or expected performance for the soft16 ware component of the program that are known, ex17 pected, or anticipated by the program manager.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on October 1, 2004, and shall 

20 apply with respect to reports due to be submitted to Con21 gress on or after such date. 
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1 SEC. 803. INTERNAL CONTROLS FOR DEPARTMENT OF DE2 FENSE PURCHASES THROUGH GSA CLIENT 

3 SUPPORT CENTERS. 

4 (a) LIMITATION.—No official of the Department of 

5 Defense may place an order for, make a purchase of, or 

6 otherwise procure property or services in an amount in 

7 excess of $100,000 through any particular GSA Client 

8 Support Center until the Inspector General of the Depart9 ment of Defense has, after the date of the enactment of 

10 this Act— 

11 (1) reviewed the policies, procedures, and inter12 nal controls of such Client Support Center in con13 sultation with the Inspector General of the General 

14 Services Administration; and 

15 (2) certified in writing to the Secretary of De16 fense and the Administrator of General Services that 

17 such policies, procedures, and internal controls are 

18 adequate to ensure the compliance of such Client 

19 Support Center with the requirements of law and 

20 regulations that are applicable to orders, purchases, 

21 and other procurements of property and services. 

22 (b) GSA CLIENT SUPPORT CENTER DEFINED.—In 

23 this section, the term ‘‘GSA Client Support Center’’ 

24 means a Client Support Center of the Federal Technology 

25 Service of the General Services Administration. 
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1 (c) EFFECTIVE DATE AND APPLICABILITY.—This 

2 section shall take effect on the date of the enactment of 

3 this Act and shall apply with respect to orders, purchases, 

4 and other procurements that are initiated by the Depart5 ment of Defense with a GSA Client Support Center on 

6 or after such date. 

7 SEC. 804. DEFENSE COMMERCIAL SATELLITE SERVICES 

8 PROCUREMENT PROCESS. 

9 (a) REQUIREMENT FOR DETERMINATION.—The Sec10 retary of Defense shall review alternative mechanisms for 

11 procuring commercial satellite services and provide guid12 ance to the Director of the Defense Information Systems 

13 Agency and the Secretaries of the military departments 

14 on how such procurements should be conducted. The alter15 native procurement mechanisms reviewed by the Secretary 

16 of Defense shall, at a minimum, include the following: 

17 (1) Procurement under indefinite delivery, in18 definite quantity contracts of the Federal Tech19 nology Service of the General Services Administra20 tion. 

21 (2) Procurement directly from commercial 

22 sources that are qualified as described in subsection 

23 (b), using full and open competition (as defined in 

24 section 4(6) of the Office of Federal Procurement 

25 Policy Act (41 U.S.C. 403(6))). 
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1 (3) Procurement by any other means that has 

2 been used by the Director of the Defense Informa3 tion Systems Agency or the Secretary of a military 

4 department to enter into a contract for the procure5 ment of commercial satellite services that is in force 

6 on the date of the enactment of this Act. 

7 (b) QUALIFIED SOURCES.—A source of commercial 

8 satellite services referred to in paragraph (2) of subsection 

9 (a) is a qualified source if the source is incorporated under 

10 the laws of a State of the United States and is either— 

11 (1) a source of commercial satellite services 

12 under a Federal Technology Service contract for the 

13 procurement of commercial satellite services de14 scribed in paragraph (1) of such subsection that is 

15 in force on the date of the enactment of this Act; 

16 or 

17 (2) a source of commercial satellite services 

18 that meets qualification requirements (as defined in 

19 section 2319 of title 10, United States Code, and es20 tablished in accordance with that section) to enter 

21 into a Federal Technology Service contract for the 

22 procurement of commercial satellite services. 

23 (c) REPORT.—Not later than April 30, 2005, the Sec24 retary of Defense shall submit to Congress a report setting 
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1 forth the conclusions resulting from the Secretary’s review 

2 under subsection (a). The report shall include— 

3 (1) the guidance provided under such sub4 section; and 

5 (2) a discussion of the rationale for that guid6 ance. 

7 Subtitle B—General Contracting 

8 Authorities, Procedures, and 

9 Limitations, and Other Matters 

10 SEC. 811. INCREASED THRESHOLDS FOR APPLICABILITY 

11 OF CERTAIN REQUIREMENTS. 

12 (a) SENIOR PROCUREMENT EXECUTIVE APPROVAL

13 OF USE OF PROCEDURES OTHER THAN COMPETITIVE

14 PROCEDURES.—Section 2304(f)(1)(B) of title 10, United 

15 States Code, is amended by striking ‘‘$50,000,000’’ both 

16 places it appears and inserting ‘‘$75,000,000’’. 

17 (b) INFORMATION ON SUBCONTRACTING AUTHORITY

18 OF DEFENSE CONTRACTOR PERSONNEL.—Section 

19 2416(d) of such title is amended by striking ‘‘$500,000’’ 

20 and inserting ‘‘$1,000,000’’. 

21 SEC. 812. PERIOD FOR MULTIYEAR TASK AND DELIVERY 

22 ORDER CONTRACTS. 

23 (a) REVISED MAXIMUM PERIOD.—Section 2304a(f) 

24 of title 10, United States Code, is amended by striking 

25 ‘‘a total period of not more than five years.’’ and inserting 
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1 ‘‘any period up to five years and may extend the contract 

2 period for one or more successive periods pursuant to an 

3 option provided in the contract or a modification of the 

4 contract. The total contract period as extended may not 

5 exceed eight years unless such head of an agency person6 ally determines in writing that exceptional circumstances 

7 necessitate a longer contract period.’’. 

8 (b) ANNUAL REPORT.—Not later than 60 days after 

9 the end of each of fiscal years 2005 through 2009, the 

10 Secretary of Defense shall submit to Congress a report 

11 setting forth each extension of a contract period to a total 

12 of more than eight years that was granted for task and 

13 delivery order contracts of the Department of Defense 

14 during such fiscal year under section 2304a(f) of title 10, 

15 United States Code. The report shall include, with respect 

16 to each such contract period extension— 

17 (1) a discussion of the exceptional cir18 cumstances on which the extension was based; and 

19 (2) the justification for the determination of ex20 ceptional circumstances. 

21 SEC. 813. SUBMISSION OF COST OR PRICING DATA ON NON22 COMMERCIAL MODIFICATIONS OF COMMER23 CIAL ITEMS. 

24 (a) INAPPLICABILITY OF COMMERCIAL ITEMS EX25 CEPTION TO NONCOMMERCIAL MODIFICATIONS OF COM-
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1 MERCIAL ITEMS.—Subsection (b) of section 2306a of title 

2 10, United States Code, is amended by adding at the end 

3 the following new paragraph: 

4 ‘‘(3) NONCOMMERCIAL MODIFICATIONS OF COM5 MERCIAL ITEMS.—(A) The exception in paragraph 

6 (1)(B) does not apply to cost or pricing data on non7 commercial modifications of a commercial item that 

8 are expected to cost, in the aggregate, more than 

9 $500,000. 

10 ‘‘(B) In this paragraph, the term ‘noncommer11 cial modification’, with respect to a commercial item, 

12 means a modification of such item that is not a 

13 modification described in section 4(12)(C)(i) of the 

14 Office of Federal Procurement Policy Act (41 U.S.C. 

15 403(12)(C)(i)). 

16 ‘‘(C) Nothing in subparagraph (A) shall be con17 strued— 

18 ‘‘(i) to limit the applicability of the excep19 tion in subparagraph (A) or (C) of paragraph 

20 (1) to cost or pricing data on a noncommercial 

21 modification of a commercial item; or 

22 ‘‘(ii) to require the submission of cost or 

23 pricing data on any aspect of an acquisition of 

24 a commercial item other than the cost and pric-
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1 ing of noncommercial modifications of such 

2 item.’’. 

3 (b) EFFECTIVE DATE AND APPLICABILITY.—Para4 graph (3) of section 2306a of title 10, United States Code 

5 (as added by subsection (a)), shall take effect on January 

6 1, 2005, and shall apply with respect to offers submitted, 

7 and to modifications of contracts or subcontracts made, 

8 on or after that date. 

9 SEC. 814. DELEGATIONS OF AUTHORITY TO MAKE DETER10 MINATIONS RELATING TO PAYMENT OF DE11 FENSE CONTRACTORS FOR BUSINESS RE12 STRUCTURING COSTS. 

13 Section 2325(a)(2) of title 10, United States Code, 

14 is amended— 

15 (1) by striking ‘‘paragraph (1) to an official’’ 

16 and all that follows and inserting ‘‘paragraph (1), 

17 with respect to a business combination, to an official 

18 of the Department of Defense—’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(A) below the level of an Assistant Secretary 

21 of Defense for cases in which the amount of restruc22 turing costs is expected to exceed $25,000,000 over 

23 a 5-year period; or 
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1 ‘‘(B) below the level of the Director of the De2 fense Contract Management Agency for all other 

3 cases.’’. 

4 SEC. 815. LIMITATION REGARDING SERVICE CHARGES IM5 POSED FOR DEFENSE PROCUREMENTS MADE 

6 THROUGH CONTRACTS OF OTHER AGENCIES. 

7 (a) LIMITATION.—(1) Chapter 141 of title 10, United 

8 States Code, is amended by inserting after section 2382 

9 the following new section 2383: 

10 ‘‘§ 2383. Procurements through contracts of other 

11 agencies: service charges 

12 ‘‘(a) LIMITATION.—The head of an agency may not 

13 procure goods or services (under section 1535 of title 31, 

14 pursuant to a designation under section 11302(e) of title 

15 40, or otherwise) through a contract entered into by an 

16 agency outside the Department of Defense if the amount 

17 charged such head of an agency by the contracting agency 

18 for the goods or services includes a service charge in a 

19 total amount that exceeds one percent of the amount 

20 charged by the contractor for such goods or services under 

21 the contract. 

22 ‘‘(b) WAIVER AUTHORITY.—(1) The appropriate offi23 cial of the Department of Defense may waive the limita24 tion in subsection (a) in the case of any procurement for 
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1 which that official determines that it is in the national 

2 security interests of the United States to do so. 

3 ‘‘(2) The appropriate official for exercise of the waiv4 er authority under paragraph (1) is as follows: 

5 ‘‘(A) In the case of a procurement by a Defense 

6 Agency or Department of Defense Field Activity, the 

7 Secretary of Defense. 

8 ‘‘(B) In the case of a procurement for a mili9 tary department, the Secretary of that military de10 partment. 

11 ‘‘(3)(A) The Secretary of Defense may not delegate 

12 the authority under paragraph (1) to any person other 

13 than the Deputy Secretary of Defense or the Under Sec14 retary of Defense for Acquisition, Technology, and Logis15 tics. 

16 ‘‘(B) The Secretary of a military department may not 

17 delegate the authority under paragraph (1) to any person 

18 other than the acquisition executive of that military de19 partment. 

20 ‘‘(c) INAPPLICABILITY TO COAST GUARD AND

21 NASA.—This section does not apply to the Coast Guard 

22 when it is not operating as a service in the Navy or to 

23 the National Aeronautics and Space Administration. 

24 ‘‘(d) DEFINITIONS.—In this section: 
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1 ‘‘(1) The term ‘head of an agency’ has the 

2 meaning given such term in section 2302 of this 

3 title. 

4 ‘‘(2) The term ‘acquisition executive’, with re5 spect to a military department, means the official 

6 who is designated as the senior procurement execu7 tive of that military department under section 16(3) 

8 of the Office of Federal Procurement Policy Act (41 

9 U.S.C. 414(3)).’’. 

10 (2) The table of sections at the beginning of such 

11 chapter is amended by inserting after the item relating 

12 to section 2382 the following new item: 

‘‘2383. Procurements through contracts of other agencies: service charges.’’. 

13 (b) EFFECTIVE DATE AND APPLICABILITY.—Section 

14 2383 of title 10, United States Code, shall take effect on 

15 October 1, 2004, and shall apply with respect to orders 

16 for goods or services that are issued by the head of an 

17 agency (as defined in section 2302 of such title) on or 

18 after such date. 
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1 Subtitle C—Extensions of 

2 Temporary Program Authorities 

3 SEC. 831. EXTENSION OF CONTRACT GOAL FOR SMALL DIS4 ADVANTAGED BUSINESS AND CERTAIN INSTI5 TUTIONS OF HIGHER EDUCATION. 

6 Section 2323(k) of title 10, United States Code, is 

7 amended by striking ‘‘2006’’ both places it appears and 

8 inserting ‘‘2009’’. 

9 SEC. 832. EXTENSION OF MENTOR-PROTEGE PROGRAM. 

10 Section 831 of the National Defense Authorization 

11 Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 

12 2302 note) is amended— 

13 (1) in subsection (j)— 

14 (A) in paragraph (1), by striking ‘‘Sep15 tember 30, 2005’’ and inserting ‘‘September 30, 

16 2010’’; and 

17 (B) in paragraph (2), by striking ‘‘Sep18 tember 30, 2008’’ and inserting ‘‘September 30, 

19 2013’’; and 

20 (2) in subsection (l)(3), by striking ‘‘2007’’ and 

21 inserting ‘‘2012’’. 
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1 SEC. 833. EXTENSION OF TEST PROGRAM FOR NEGOTIA2 TION OF COMPREHENSIVE SMALL BUSINESS 

3 SUBCONTRACTING PLANS. 

4 Section 834(e) of the National Defense Authorization 

5 Act for Fiscal Years 1990 and 1991 (Public Law 101– 

6 189; 15 U.S.C. 637 note) is amended by striking ‘‘Sep7 tember 30, 2005’’ and inserting ‘‘September 30, 2010’’. 

8 SEC. 834. EXTENSION OF PILOT PROGRAM ON SALES OF 

9 MANUFACTURED ARTICLES AND SERVICES 

10 OF CERTAIN ARMY INDUSTRIAL FACILITIES. 

11 Section 141(a) of the National Defense Authorization 

12 Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 

13 4543 note) is amended by striking ‘‘through 2004’’ in the 

14 first sentence and inserting ‘‘through 2009’’. 

15 Subtitle D—Industrial Base 

16 Matters 

17 SEC. 841. COMMISSION ON THE FUTURE OF THE NATIONAL 

18 TECHNOLOGY AND INDUSTRIAL BASE. 

19 (a) ESTABLISHMENT.—There is established a com20 mission to be known as the Commission on the Future 

21 of the National Technology and Industrial Base (hereafter 

22 in this section referred to as the ‘‘Commission’’). 

23 (b) MEMBERSHIP.—(1) The Commission shall be 

24 composed of 12 members appointed by the President. 

25 (2) The members of the Commission shall include— 
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1 (A) persons with extensive experience and na2 tional reputations for expertise in the defense indus3 try, commercial industries that support the defense 

4 industry, and the economics, finance, national secu5 rity, international trade, or foreign policy areas; and 

6 (B) persons who are representative of labor or7 ganizations associated with the defense industry. 

8 (3) The appointment of the members of the Commis9 sion under this subsection shall be made not later than 

10 March 1, 2005. 

11 (4) Members shall be appointed for the life of the 

12 Commission. A vacancy in the Commission shall not affect 

13 its powers, but shall be filled in the same manner in which 

14 the original appointment was made. 

15 (5) The President shall designate one member of the 

16 Commission to serve as the Chairman of the Commission. 

17 (c) MEETINGS.—(1) The Commission shall meet at 

18 the call of the Chairman. 

19 (2) A majority of the members of the Commission 

20 shall constitute a quorum, but a lesser number may hold 

21 hearings. 

22 (d) DUTIES.—(1) The Commission shall— 

23 (A) study the issues associated with the future 

24 of the national technology and industrial base in the 
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1 global economy, particularly with respect to its effect 

2 on United States national security; and 

3 (B) assess the future ability of the national 

4 technology and industrial base to attain the national 

5 security objectives set forth in section 2501 of title 

6 10, United States Code. 

7 (2) In carrying out the study and assessment under 

8 paragraph (1), the Commission shall consider the fol9 lowing matters: 

10 (A) Existing and projected future capabilities of 

11 the national technology and industrial base. 

12 (B) The impact on the national technology and 

13 industrial base of civil-military integration and the 

14 growing dependence of the Department of Defense 

15 on the commercial market for defense products and 

16 services. 

17 (C) The effects of domestic source restrictions 

18 on the strength of the national technology and in19 dustrial base. 

20 (D) The effects of the policies and practices of 

21 United States allies and trading partners on the na22 tional technology and industrial base. 

23 (E) The effects on the national technology and 

24 industrial base of laws and regulations related to 
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1 international trade and the export of defense tech2 nologies and dual-use technologies. 

3 (F) The adequacy of programs that support 

4 science and engineering education, including pro5 grams that support defense science and engineering 

6 efforts at institutions of higher learning, with re7 spect to meeting the needs of the national tech8 nology and industrial base. 

9 (G) The implementation of policies and plan10 ning required under subchapter II of chapter 148 of 

11 title 10, United States Code, and other provisions of 

12 law designed to support the national technology and 

13 industrial base. 

14 (H) The role of the Manufacturing Technology 

15 program, other Department of Defense research and 

16 development programs, and the utilization of the au17 thorities of the Defense Production Act of 1950 to 

18 provide transformational breakthroughs in advanced 

19 manufacturing technologies and processes that en20 sure the strength and productivity of the national 

21 technology and industrial base. 

22 (e) REPORT.—Not later than March 1, 2008, the 

23 Commission shall submit a report on its activities to the 

24 President and Congress. The report shall include the fol25 lowing matters: 
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1 (1) The findings and conclusions of the Com2 mission. 

3 (2) The recommendations of the Commission 

4 for actions by Federal Government officials to sup5 port the maintenance of a robust national technology 

6 and industrial base in the 21st century. 

7 (3) Any recommendations for legislation or 

8 changes in regulations to support the implementa9 tion of the findings of the Commission. 

10 (4) A discussion of appropriate measures to im11 plement the recommendations of the Commission. 

12 (f) ADMINISTRATIVE REQUIREMENTS AND AUTHORI13 TIES.—(1) The Director of the Office of Management and 

14 Budget shall ensure that the Commission is provided such 

15 administrative services, facilities, staff, and other support 

16 services as may be necessary for the Commission to carry 

17 out its duties. Expenses of the Commission shall be paid 

18 out of funds available to the Director. 

19 (2) The Commission may hold such hearings, sit and 

20 act at such times and places, take such testimony, and 

21 receive such evidence as the Commission considers advis22 able to carry out the purposes of this section. 

23 (3) The Commission may secure directly from any 

24 Federal department or agency such information as the 

25 commission considers necessary to carry out the provisions 
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1 of this section. Upon a request of the Chairman of the 

2 Commission, the head of such department or agency shall 

3 furnish such information to the Commission. 

4 (4) The Commission may use the United States mails 

5 in the same manner and under the same conditions as 

6 other departments and agencies of the Federal Govern7 ment. 

8 (g) PERSONNEL MATTERS.—(1) Members of the 

9 Commission shall serve without compensation for their 

10 service on the Commission, except that each member of 

11 the Commission who is not an officer or employee of the 

12 United States shall be allowed travel expenses, including 

13 per diem in lieu of subsistence, at rates authorized for em14 ployees of agencies under subchapter I of chapter 57 of 

15 title 5, United States Code, while away from their homes 

16 or regular places of business in the performance of services 

17 for the Commission. 

18 (2) Section 3161 of title 5, United States Code, shall 

19 apply to the Commission, except that— 

20 (A) members of the Commission shall not be 

21 entitled to pay for services under subsection (d) of 

22 such section; and 

23 (B) subsection (b)(2) of such section shall not 

24 apply to the employees of the Commission. 
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1 (h) APPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT.—The Federal Advisory Committee Act (5 

3 U.S.C. App.) shall not apply to the Commission. 

4 (i) TERMINATION.—The Commission shall terminate 

5 30 days after the date on which the Commission submits 

6 its report under subsection (e). 

7 (j) DEFINITION OF NATIONAL TECHNOLOGY AND IN8 DUSTRIAL BASE.—In this section, the term ‘‘national 

9 technology and industrial base’’ has the meaning given 

10 such term in section 2500 of title 10, United States Code. 

11 SEC. 842. CONFORMING STANDARD FOR WAIVER OF DO12 MESTIC SOURCE OR CONTENT REQUIRE13 MENTS. 

14 (a) AUTHORITY.—Subchapter V of chapter 148 of 

15 title 10, United States Code, is amended by adding at the 

16 end the following new section: 

17 ‘‘§ 2539c. Waiver of domestic source or content re18 quirements 

19 ‘‘(a) AUTHORITY.—Except as provided in subsection 

20 (f), the Secretary of Defense may waive the application 

21 of any domestic source requirement or domestic content 

22 requirement referred to in subsection (b) and thereby au23 thorize the procurement of items that are grown, reproc24 essed, reused, produced, or manufactured— 
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1 ‘‘(1) in a foreign country that has a reciprocal 

2 defense procurement memorandum of understanding 

3 or agreement with the United States; 

4 ‘‘(2) in a foreign country that has a reciprocal 

5 defense procurement memorandum of understanding 

6 or agreement with the United States substantially 

7 from components and materials grown, reprocessed, 

8 reused, produced, or manufactured in the United 

9 States or any foreign country that has a reciprocal 

10 defense procurement memorandum of understanding 

11 or agreement with the United States; or 

12 ‘‘(3) in the United States substantially from 

13 components and materials grown, reprocessed, re14 used, produced, or manufactured in the United 

15 States or any foreign country that has a reciprocal 

16 defense procurement memorandum of understanding 

17 or agreement with the United States. 

18 ‘‘(b) COVERED REQUIREMENTS.—For purposes of 

19 this section: 

20 ‘‘(1) A domestic source requirement is any re21 quirement under law that the Department of De22 fense satisfy its requirements for an item by pro23 curing an item that is grown, reprocessed, reused, 

24 produced, or manufactured in the United States or 

25 by a manufacturer that is a part of the national 
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1 technology and industrial base (as defined in section 

2 2500(1) of this title). 

3 ‘‘(2) A domestic content requirement is any re4 quirement under law that the Department of De5 fense satisfy its requirements for an item by pro6 curing an item produced or manufactured partly or 

7 wholly from components and materials grown, re8 processed, reused, produced, or manufactured in the 

9 United States. 

10 ‘‘(c) APPLICABILITY.—The authority of the Secretary 

11 of Defense to waive the application of a domestic source 

12 or content requirement under subsection (a) applies to the 

13 procurement of items for which the Secretary determines 

14 that— 

15 ‘‘(1) application of the requirement would im16 pede the reciprocal procurement of defense items 

17 under a memorandum of understanding between a 

18 foreign country and the United States that provides 

19 for reciprocal procurement of defense items in ac20 cordance with section 2531 of this title; and 

21 ‘‘(2) such country does not discriminate against 

22 defense items produced in the United States to a 

23 greater degree than the United States discriminates 

24 against defense items produced in that country. 
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1 ‘‘(d) LIMITATION ON DELEGATION.—The authority 

2 of the Secretary of Defense to waive the application of 

3 domestic source or content requirements under subsection 

4 (a) may not be delegated to any officer or employee other 

5 than the Under Secretary of Defense for Acquisition, 

6 Technology and Logistics. 

7 ‘‘(e) CONSULTATIONS.—The Secretary of Defense 

8 may grant a waiver of the application of a domestic source 

9 or content requirement under subsection (a) only after 

10 consultation with the United States Trade Representative, 

11 the Secretary of Commerce, and the Secretary of State. 

12 ‘‘(f) LAWS NOT WAIVABLE.—The Secretary of De13 fense may not exercise the authority under subsection (a) 

14 to waive any domestic source or content requirement con15 tained in any of the following laws: 

16 ‘‘(1) The Small Business Act (15 U.S.C. 631 et 

17 seq.). 

18 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C. 

19 46 et seq.). 

20 ‘‘(3) Sections 7309 and 7310 of this title. 

21 ‘‘(4) Section 2533a of this title. 

22 ‘‘(g) RELATIONSHIP TO OTHER WAIVER AUTHOR23 ITY.—The authority under subsection (a) to waive a do24 mestic source requirement or domestic content require-
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1 ment is in addition to any other authority to waive such 

2 requirement. 

3 ‘‘(h) CONSTRUCTION WITH RESPECT TO LATER EN4 ACTED LAWS.—This section may not be construed as 

5 being inapplicable to a domestic source requirement or do6 mestic content requirement that is set forth in a law en7 acted after the enactment of this section solely on the 

8 basis of the later enactment.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such subchapter is amended by insert11 ing after the item relating to section 2539b the following 

12 new item: 

‘‘2539c. Waiver of domestic source or content requirements.’’. 

13 SEC. 843. CONSISTENCY WITH UNITED STATES OBLIGA14 TIONS UNDER TRADE AGREEMENTS. 

15 No provision of this Act or any amendment made by 

16 this Act shall apply to a procurement by or for the Depart17 ment of Defense to the extent that the Secretary of De18 fense, in consultation with the Secretary of Commerce, the 

19 United States Trade Representative, and the Secretary of 

20 State, determines that it is inconsistent with United 

21 States obligations under a trade agreement. 
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1 Subtitle E—Defense Acquisition 

2 and Support Workforce 

3 SEC. 851. LIMITATION AND REINVESTMENT AUTHORITY RE4 LATING TO REDUCTION OF THE DEFENSE AC5 QUISITION AND SUPPORT WORKFORCE. 

6 (a) LIMITATION.—Notwithstanding any other provi7 sion of law, the defense acquisition and support workforce 

8 may not be reduced, during fiscal years 2005, 2006, and 

9 2007, below the level of that workforce as of September 

10 30, 2003, determined on the basis of full-time employee 

11 equivalence, except as may be necessary to strengthen the 

12 defense acquisition and support workforce in higher pri13 ority positions in accordance with this section. 

14 (b) WORKFORCE FLEXIBILITY.—During fiscal years 

15 2005, 2006, and 2007, the Secretary of Defense may— 

16 (1) realign any part of the defense acquisition 

17 and support workforce to support reinvestment in 

18 other, higher priority positions in such workforce; 

19 and 

20 (2) employ in the defense acquisition and sup21 port workforce up to 115 percent more employees 

22 than are employed in the defense acquisition and 

23 support workforce as of September 30, 2003, deter24 mined on the basis of full-time employee equivalence. 
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1 (c) HIGHER PRIORITY POSITIONS.—For the purposes 

2 of this section, higher priority positions in the defense ac3 quisition and support workforce include the following posi4 tions: 

5 (1) Positions the responsibilities of which in6 clude drafting performance-based work statements 

7 for services contracts and overseeing the perform8 ance of contracts awarded pursuant to such work 

9 statements. 

10 (2) Positions the responsibilities of which in11 clude conducting spending analyses, negotiating 

12 company-wide pricing agreements, and taking other 

13 measures to reduce contract costs. 

14 (3) Positions the responsibilities of which in15 clude reviewing contractor quality control systems, 

16 assessing and analyzing quality deficiency reports, 

17 and taking other measures to improve product qual18 ity. 

19 (4) Positions the responsibilities of which in20 clude effectively conducting public-private competi21 tions in accordance with Office of Management and 

22 Budget Circular A–76. 

23 (5) Any other positions in the defense acquisi24 tion and support workforce that the Secretary of De25 fense identifies as being higher priority positions 
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1 that are staffed at levels not likely to ensure efficient 

2 and effective performance of all of the responsibil3 ities of those positions. 

4 (d) STRATEGIC ASSESSMENT AND PLAN.—(1) The 

5 Secretary of Defense shall— 

6 (A) assess the extent to which the Department 

7 of Defense can recruit, retain, train, and provide 

8 professional development opportunities for acquisi9 tion professionals over the 10-fiscal year period be10 ginning with fiscal year 2005; and 

11 (B) develop a human resources strategic plan 

12 for the defense acquisition and support workforce 

13 that includes objectives and planned actions for im14 proving the management of such workforce. 

15 (2) The Secretary shall submit to Congress, not later 

16 than April 1, 2005, a report on the progress made in— 

17 (A) completing the assessment required under 

18 paragraph (1); and 

19 (B) completing and implementing the strategic 

20 plan required under such paragraph. 

21 (e) DEFENSE ACQUISITION AND SUPPORT WORK22 FORCE DEFINED.—In this section, the term ‘‘defense ac23 quisition and support workforce’’ means members of the 

24 Armed Forces and civilian personnel who are assigned to, 

25 or are employed in, an organization of the Department 
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1 of Defense that has acquisition as its predominant mis2 sion, as determined by the Secretary of Defense. 

3 SEC. 852. DEFENSE ACQUISITION WORKFORCE IMPROVE4 MENTS. 

5 (a) SELECTION CRITERIA FOR ACQUISITION CORPS

6 AND FOR CRITICAL ACQUISITION POSITIONS.—(1) Section 

7 1732(b)(1)(A) of title 10, United States Code, is amended 

8 by striking ‘‘within grade GS–13 or above of’’ and insert9 ing ‘‘for which the employee is being paid at a rate of 

10 basic pay that equals or exceeds the minimum rate of basic 

11 pay provided for grade GS–13 under’’. 

12 (2) Section 1733(b)(1)(A)(i) of such title is amended 

13 by striking ‘‘in a position within grade GS–14 or above 

14 of the General Schedule, or’’ and inserting ‘‘who is cur15 rently serving in a position for which the employee is being 

16 paid at a rate of basic pay that equals or exceeds the min17 imum rate of basic pay provided for grade GS–14 under 

18 the General Schedule or is required to be filled by an em19 ployee who is’’. 

20 (b) SCHOLARSHIP PROGRAM.—Section 1742 of such 

21 title is amended— 

22 (1) by inserting ‘‘(a) REQUIRED

23 PROGRAMS.—’’ before ‘‘The Secretary of Defense 

24 shall conduct’’; and 
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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) SCHOLARSHIP PROGRAM REQUIREMENTS.—(1) 

4 Each recipient of a scholarship under a program con5 ducted under subsection (a)(3) shall be required to sign 

6 a written agreement that sets forth the terms and condi7 tions of the scholarship. The agreement shall include the 

8 following: 

9 ‘‘(A) Criteria for the recipient’s continued eligi10 bility for the scholarship. 

11 ‘‘(B) The terms of any requirement for the re12 cipient to reimburse the United States for edu13 cational assistance provided under the scholarship 

14 upon— 

15 ‘‘(i) a failure by the recipient to satisfy the 

16 criteria for continued eligibility for the scholar17 ship; or 

18 ‘‘(ii) a termination of the recipient’s service 

19 in the Department of Defense before the end of 

20 any period of obligated service provided in the 

21 agreement, as described in paragraph (2). 

22 ‘‘(2) Subject to paragraph (3)(C), a recipient of a 

23 scholarship under the program shall reimburse the United 

24 States the total amount of educational assistance provided 

25 to the recipient under the program if the recipient is vol-
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1 untarily separated from service or involuntarily separated 

2 for cause from the Department of Defense before the end 

3 of any period for which the recipient has agreed, as a con4 dition of the scholarship, to continue in the service of the 

5 Department of Defense in an acquisition position. 

6 ‘‘(3)(A) If an employee fails to fulfill an agreement 

7 to pay the Government any amount of educational assist8 ance provided to that person under the program, a sum 

9 equal to such amount of the educational assistance is re10 coverable by the Government from the employee or his es11 tate by— 

12 ‘‘(i) setoff against accrued pay, compensation, 

13 amount of retirement credit, or other amount due 

14 the employee from the Government; and 

15 ‘‘(ii) such other method as is provided by law 

16 for the recovery of amounts owing to the Govern17 ment. 

18 ‘‘(B) An obligation to reimburse the United States 

19 under an agreement entered into under this subsection is 

20 for all purposes a debt owed to the United States. 

21 ‘‘(C) The Secretary of Defense may waive in whole 

22 or in part a reimbursement required under this subsection 

23 or under an agreement entered into under this subsection 

24 if the Secretary determines that the recovery would be 
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1 against equity and good conscience or would be contrary 

2 to the best interests of the United States. 

3 ‘‘(D) A discharge in bankruptcy under title 11 that 

4 is entered less than five years after the termination of an 

5 agreement entered into under this subsection does not dis6 charge a person executing the agreement from a debt aris7 ing under this subsection or such agreement. 

8 ‘‘(4) Nothing in this subsection shall be considered 

9 to require that a position be offered to a recipient of a 

10 scholarship under the program after such recipient suc11 cessfully completes the course of education for which the 

12 scholarship is granted. However, the agreement entered 

13 into under this subsection with respect to such scholarship 

14 shall be considered terminated if the recipient is not, with15 in the time specified in the agreement, offered a full-time 

16 acquisition position in the Department of Defense that— 

17 ‘‘(A) is commensurate with the recipient’s aca18 demic degree and experience; and 

19 ‘‘(B) is— 

20 ‘‘(i) in the excepted service, if the recipient 

21 has not previously acquired competitive status, 

22 with the right, after successful completion of 

23 two years of service and such other require24 ments as the Office of Personnel Management 

25 may prescribe, to be appointed to a position in 
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1 the competitive service, notwithstanding sub2 chapter I of chapter 33 of title 5; or 

3 ‘‘(ii) in the competitive service, if the re4 cipient has previously acquired competitive sta5 tus.’’. 

6 (c) AUTHORITY TO ESTABLISH DIFFERENT MIN7 IMUM REQUIREMENTS.—(1) Section 1764(b) of such title 

8 is amended— 

9 (A) by redesignating paragraph (5) as para10 graph (6); and 

11 (B) by inserting after paragraph (4) the fol12 lowing new paragraph (5): 

13 ‘‘(5) Deputy program manager.’’. 

14 (2) Paragraph (1) of such section is amended by 

15 striking ‘‘in paragraph (5)’’ and inserting ‘‘in paragraph 

16 (6)’’. 

17 Subtitle F—Other Matters 

18 SEC. 861. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO 

19 SETTLEMENTS UNDER SPECIAL TEMPORARY 

20 CONTRACT CLOSEOUT AUTHORITY. 

21 Section 804(a) of the National Defense Authorization 

22 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

23 1541) is amended— 

24 (1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHOR25 ITY.—’’; and 
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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) Under regulations which the Secretary of De4 fense may prescribe, a settlement of a financial account 

5 for a contract for the procurement of property or services 

6 under paragraph (1) may be made without regard to— 

7 ‘‘(A) section 1301 of title 31, United States 

8 Code; and 

9 ‘‘(B) any other provision of law that would pre10 clude the Secretary from charging payments under 

11 the contract— 

12 ‘‘(i) to an unobligated balance in an appro13 priation available for funding that contract; or 

14 ‘‘(ii) if and to the extent that the unobli15 gated balance (if any) in such appropriation is 

16 insufficient for funding such payments, to any 

17 current appropriation that is available to the 

18 Department of Defense for funding contracts 

19 for the procurement of the same or similar 

20 property or services.’’. 
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1 SEC. 862. DEMONSTRATION PROGRAM ON EXPANDED USE 

2 OF RESERVES TO PERFORM DEVELOP3 MENTAL TESTING, NEW EQUIPMENT TRAIN4 ING, AND RELATED ACTIVITIES. 

5 (a) REQUIREMENT FOR PROGRAM.—The Secretary of 

6 the Army shall carry out a demonstration program on use 

7 of members of reserve components of the Armed Forces 

8 to perform test, evaluation, and related activities for an 

9 acquisition program. The Secretary shall design and carry 

10 out the demonstration program to achieve the purposes 

11 set forth in subsection (b). 

12 (b) PURPOSES.—The purposes of the demonstration 

13 program are as follows: 

14 (1) To determine whether cost savings and 

15 other benefits result from use of members of reserve 

16 components of the Armed Forces instead of con17 tractor personnel to perform test and evaluation ac18 tivities for an acquisition program and related acqui19 sition, logistics, and new equipment training activi20 ties for the acquisition program. 

21 (2) To evaluate the advisability of using appro22 priations available for multiyear research, develop23 ment, test, and evaluation and appropriations avail24 able for multiyear procurements to reimburse re25 serve components for the pay, allowances, and other 
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1 expenses paid to or for Reserves used for the acqui2 sition program as described in paragraph (1). 

3 (c) REIMBURSEMENT OF PERSONNEL ACCOUNTS

4 OUT OF PROCUREMENT AND RDT&E ACCOUNTS.—(1) 

5 The Secretary of the Army may transfer from funds avail6 able to the Army for an acquisition program to a reserve 

7 component military personnel account the amount nec8 essary to reimburse that account for costs charged to that 

9 account for military pay and allowances in connection with 

10 the use of reserve component personnel for such acquisi11 tion program under this section. 

12 (2) Not more than $10,000,000 may be transferred 

13 under this subsection during any fiscal year of the dem14 onstration program. 

15 (3) Funds transferred to an account under this sub16 section shall be merged with other sums in the account 

17 and shall be available for the same period and purposes 

18 as the sums with which merged. 

19 (4) The transfer authority under this subsection is 

20 in addition to any other transfer authority provided in this 

21 or any other Act. 

22 (d) NONWAIVER OF PERSONNEL AND TRAINING

23 POLICIES AND PROCEDURES.—Nothing in this section 

24 may be construed to authorize any deviation from estab25 lished personnel or training policies or procedures that are 
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1 applicable to the reserve components of the personnel used 

2 under the demonstration program. 

3 (e) TERMINATION.—The demonstration program 

4 under this section shall terminate on September 30, 2009. 

5 SEC. 863. APPLICABILITY OF COMPETITION EXCEPTIONS 

6 TO ELIGIBILITY OF NATIONAL GUARD FOR FI7 NANCIAL ASSISTANCE FOR PERFORMANCE 

8 OF ADDITIONAL DUTIES. 

9 Section 113(b)(1)(B) of title 32, United States Code, 

10 is amended by inserting before the period at the end the 

11 following: ‘‘, subject to the exceptions provided in section 

12 2304(c) of title 10’’. 

13 SEC. 864. MANAGEMENT PLAN FOR CONTRACTOR SECU14 RITY PERSONNEL. 

15 (a) REQUIREMENT FOR PLAN.—Not later than 90 

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall submit to Congress a plan for the 

18 management and oversight of contractor security per19 sonnel by Federal Government personnel in areas where 

20 the Armed Forces are engaged in military operations. 

21 (b) POLICIES AND PROCEDURES.—The plan under 

22 this section shall set forth policies and procedures applica23 ble to contractor security personnel in potentially haz24 ardous areas of military operations. The policies and pro25 cedures shall address the following matters: 
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1 (1) Warning contractor security personnel of 

2 potentially hazardous situations. 

3 (2) Coordinating the movement of contractor 

4 security personnel, especially through areas of in5 creased risk or planned or ongoing military oper6 ations. 

7 (3) Rapidly identifying contractor security per8 sonnel by members of the Armed Forces. 

9 (4) Sharing relevant threat information with 

10 contractor security personnel, and receiving informa11 tion gathered by contractor security personnel for 

12 use by United States and coalition forces. 

13 (5) Providing appropriate assistance to con14 tractor security personnel who become engaged in 

15 hostile situations. 

16 (6) Providing medical assistance for, and evacu17 ation of, contractor personnel who become casualties 

18 as a result of enemy actions. 

19 (7) Investigating background and qualifications 

20 of contractor security personnel and organizations. 

21 (8) Establishing rules of engagement for armed 

22 contractor security personnel, and ensuring proper 

23 training and compliance with the rules of engage24 ment. 
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1 (c) OPTIONS FOR ENHANCED AND COST-EFFECTIVE

2 CONTRACTOR SECURITY.—The plan under subsection (a) 

3 shall include assessed options for enhancing contractor se4 curity and reducing contractor security costs in Iraq or 

5 in locations of armed conflict in the future. The options 

6 covered shall include the following: 

7 (1) Temporary commissioning of contractor se8 curity personnel as reserve component officers in 

9 order to subject such personnel to the military chain 

10 of command. 

11 (2) Requiring contractor security personnel to 

12 obtain security clearances to facilitate the commu13 nication of critical threat information. 

14 (3) Establishing a contract schedule for compa15 nies furnishing contractor security personnel to pro16 vide a more orderly process for the selection, train17 ing, and compensation of such personnel. 

18 (4) Establishing a contract schedule for compa19 nies to provide more cost-effective insurance for con20 tractor security personnel. 

21 (5) Providing for United States indemnification 

22 of contractors to reduce the costs of insuring con23 tractor security personnel. 
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1 SEC. 865. REPORT ON CONTRACTOR PERFORMANCE OF SE2 CURITY, INTELLIGENCE, LAW ENFORCE3 MENT, AND CRIMINAL JUSTICE FUNCTIONS 

4 IN IRAQ. 

5 (a) REPORT REQUIRED.—Not later than 60 days 

6 after the date of the enactment of this Act, the Secretary 

7 of Defense shall submit to the congressional defense com8 mittees a report on the procurement of services, by an 

9 agency of the United States Government or by the Coali10 tion Provisional Authority, for the performance of secu11 rity, intelligence, law enforcement, and criminal justice 

12 functions in Iraq. 

13 (b) CONTENT.—The report under subsection (a) shall 

14 include, at a minimum, the following: 

15 (1) Each security, intelligence, law enforcement, 

16 or criminal justice function performed by a con17 tractor in Iraq. 

18 (2) For each such function— 

19 (A) a determination of whether such func20 tion is an inherently governmental function, to21 gether with a discussion of the factual basis 

22 and rationale for that determination; 

23 (B) an explanation of the basis for the de24 cision to rely on a contractor to perform such 

25 function, including a discussion of the extent to 

26 which the Armed Forces lacked the expertise or 
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1 manpower to perform that function using 

2 Armed Forces personnel; 

3 (C) a description of the chain of command 

4 for the contractor performing such function, to5 gether with a discussion of the manner in which 

6 the United States Government or the Coalition 

7 Provisional Authority supervises and directs the 

8 contractor’s performance of that function; and 

9 (D) what sanctions are available to impose 

10 on any contractor employee who— 

11 (i) fails to comply with a requirement 

12 of law or regulation that applies to such 

13 employee in the performance of that func14 tion; or 

15 (ii) engages in other misconduct in 

16 the performance of that function. 

17 (3) An explanation of the legal status of con18 tractor employees in the performance of such func19 tions after the administration of the sovereign pow20 ers of Iraq is transferred from the Coalition Provi21 sional Authority to a government of Iraq on June 

22 30, 2004. 
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1 SEC. 866. ACCREDITATION STUDY OF COMMERCIAL OFF2 THE-SHELF PROCESSES FOR EVALUATING IN3 FORMATION TECHNOLOGY PRODUCTS AND 

4 SERVICES. 

5 (a) REQUIREMENT FOR STUDY.—The Secretary of 

6 Defense shall carry out a study of commercial off-the-shelf 

7 processes that are available for measuring the quality of 

8 information technology and related services through as9 sessment of the production methods of the producers of 

10 the technology. 

11 (b) PURPOSES.—The purposes of the study of com12 mercial off-the-shelf processes under subsection (a) are as 

13 follows: 

14 (1) To assess the value of such a process as a 

15 consistent methodology for identifying high quality 

16 information technology and the engineering sources 

17 capable of providing high quality information tech18 nology and related services. 

19 (2) To determine whether to accredit such a 

20 process for use in procurements of information tech21 nology and related services throughout the Depart22 ment of Defense. 

23 (c) SAVINGS AND ENHANCEMENTS.—In carrying out 

24 the study under subsection (a), the Secretary shall deter25 mine the benefits that would result for the Department 

26 of Defense from use throughout the Department of De-
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1 fense of a commercial off-the-shelf process described in 

2 that subsection to measure the quality of information tech3 nology products and services in procurements described in 

4 subsection (b)(2), including— 

5 (1) projected annual savings in costs of develop6 ment and maintenance of information technology; 

7 and 

8 (2) quantified enhancements of productivity, 

9 schedule, performance, deficiency rates, and predict10 ability. 

11 (d) BASELINE DATA.—To define a baseline for meas12 uring benefits under subsection (c), the Secretary shall use 

13 empirical data that is readily available to the Department 

14 of Defense and contractor sources. 

15 (e) INFORMATION CONSIDERED.—The Secretary of 

16 Defense may consider projections of savings and quan17 tifications of enhancements that are submitted by a con18 tractor. 

19 (f) INFORMATION TECHNOLOGY DEFINED.—In this 

20 section, the term ‘‘information technology’’ has the mean21 ing given such term in section 11101(6) of title 40, United 

22 States Code. 
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1 SEC. 867. INAPPLICABILITY OF RANDOLPH-SHEPPARD ACT 

2 TO MILITARY DINING FACILITIES. 

3 Section 9(7) of the Randolph-Sheppard Act (20 

4 U.S.C. 107e(7)) is amended by inserting after ‘‘blind li5 censees’’ the following: ‘‘, except that such term does not 

6 include a military troop dining facility, a military mess 

7 hall, or any similar dining facility that, funded by appro8 priations, is operated for the purpose of providing meals 

9 to members of the Armed Forces (as defined in section 

10 101(a)(4) of title 10, United States Code)’’. 

11 TITLE IX—DEPARTMENT OF DE12 FENSE ORGANIZATION AND 

13 MANAGEMENT 

14 Subtitle A—Reserve Components 

15 SEC. 901. MODIFICATION OF STATED PURPOSE OF THE RE16 SERVE COMPONENTS. 

17 Section 10102 of title 10, United States Code, is 

18 amended by striking ‘‘, during and after the period needed 

19 to procure and train additional units and qualified persons 

20 to achieve the planned mobilization,’’. 

21 SEC. 902. COMMISSION ON THE NATIONAL GUARD AND RE22 SERVES. 

23 (a) ESTABLISHMENT.—There is established a com24 mission to be known as the ‘‘Commission on the National 

25 Guard and Reserves’’ (hereafter in this section referred 

26 to as the ‘‘Commission’’). 
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1 (b) COMPOSITION.—(1) The Commission shall be 

2 composed of 13 members appointed as follows: 

3 (A) Three members appointed by the chairman 

4 of the Committee on Armed Services of the Senate. 

5 (B) Three members appointed by the chairman 

6 of the Committee on Armed Services of the House 

7 of Representatives. 

8 (C) Two members appointed by the ranking mi9 nority member of the Committee on Armed Services 

10 of the Senate. 

11 (D) Two members appointed by the ranking mi12 nority member of the Committee on Armed Service 

13 of the House of Representatives. 

14 (E) Three members appointed by the Secretary 

15 of Defense. 

16 (2) The members of the Commission shall be ap17 pointed from among persons who have knowledge and ex18 pertise in the following areas: 

19 (A) National security. 

20 (B) Roles and missions of any of the Armed 

21 Forces. 

22 (C) The mission, operations, and organization 

23 of the National Guard of the United States. 
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1 (D) The mission, operations, and organization 

2 of the other reserve components of the Armed 

3 Forces. 

4 (E) Military readiness of the Armed Forces. 

5 (F) Personnel pay and other forms of com6 pensation. 

7 (G) Other personnel benefits, including health 

8 care. 

9 (3) Members of the Commission shall be appointed 

10 for the life of the Commission. A vacancy in the member11 ship of the Commission shall not affect the powers of the 

12 Commission, but shall be filled in the same manner as the 

13 original appointment. 

14 (4) The Secretary of Defense shall designate a mem15 ber of the Commission to be chairman of the Commission. 

16 (c) DUTIES.—(1) The Commission shall carry out a 

17 study of the following matters: 

18 (A) The roles and missions of the National 

19 Guard and the other reserve components of the 

20 Armed Forces. 

21 (B) The compensation and other benefits, in22 cluding health care benefits, that are provided for 

23 members of the reserve components under the laws 

24 of the United States. 
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1 (2) In carrying out the study under paragraph (1), 

2 the Commission shall— 

3 (A) assess the current roles and missions of the 

4 reserve components and identify appropriate poten5 tial future roles and missions for the reserve compo6 nents; 

7 (B) assess the capabilities of the reserve compo8 nents and determine how the units and personnel of 

9 the reserve components may be best used to support 

10 the military operations of the Armed Forces and the 

11 achievement of national security objectives, including 

12 homeland defense, of the United States; 

13 (C) assess— 

14 (i) the current organization and structure 

15 of the National Guard and the other reserve 

16 components; and 

17 (ii) the plans of the Department of De18 fense and the Armed Forces for future organi19 zation and structure of the National Guard and 

20 the other reserve components; 

21 (D) assess the manner in which the National 

22 Guard and the other reserve components are cur23 rently organized and funded for training and iden24 tify an organizational and funding structure for 
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1 training that best supports the achievement of train2 ing objectives and operational readiness; 

3 (E) assess the effectiveness of the policies and 

4 programs of the National Guard and the other re5 serve components for achieving operational readiness 

6 and personnel readiness, including medical and per7 sonal readiness; 

8 (F) assess— 

9 (i) the adequacy and appropriateness of 

10 the compensation and benefits currently pro11 vided for the members of the National Guard 

12 and the other reserve components, including the 

13 availability of health care benefits and health 

14 insurance; and 

15 (ii) the effects of proposed changes in com16 pensation and benefits on military careers in 

17 both the regular and the reserve components of 

18 the Armed Forces; 

19 (G) identify various feasible options for improv20 ing the compensation and other benefits available to 

21 the members of the National Guard and the mem22 bers of the other reserve components and assess— 

23 (i) the cost-effectiveness of such options; 

24 and 
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1 (ii) the foreseeable effects of such options 

2 on readiness, recruitment, and retention of per3 sonnel for careers in the regular and reserve 

4 components the Armed Forces; 

5 (H) assess the traditional military career paths 

6 for members of the National Guard and the other 

7 reserve components and identify alternative career 

8 paths that could enhance professional development; 

9 and 

10 (I) assess the adequacy of the funding provided 

11 for the National Guard and the other reserve compo12 nents for several previous fiscal years, including the 

13 funding provided for National Guard and reserve 

14 component equipment and the funding provided for 

15 National Guard and other reserve component per16 sonnel in active duty military personnel accounts 

17 and reserve military personnel accounts. 

18 (d) FIRST MEETING.—The Commission shall hold its 

19 first meeting not later than 30 days after the date on 

20 which all members of the Commission have been ap21 pointed. 

22 (e) ADMINISTRATIVE AND PROCEDURAL AUTHORI23 TIES.—(1) Except as provided in paragraph (2), sections 

24 955, 956, 957, 958, and 959 of the National Defense Au25 thorization Act for Fiscal Year 1994 (Public Law 103– 
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1 160; 107 Stat. 1740; 10 U.S.C 111 note) shall apply to 

2 the Commission. 

3 (2)(A) The daily rate of pay payable under section 

4 957(a) of Public Law 103–160 shall be equal to the daily 

5 rate of basic pay prescribed for level IV of the Executive 

6 Schedule. 

7 (B) Section 957(f) of Public Law 103–160 (relating 

8 to services of federally funded research and development 

9 centers) shall not apply to the Commission. 

10 (3) The following provisions of law do not apply to 

11 the Commission: 

12 (A) Section 3161 of title 5, United States Code. 

13 (B) The Federal Advisory Committee Act (5 

14 U.S.C. App.). 

15 (f) REPORTS.—(1) Not later than March 31, 2005, 

16 the Commission shall submit to the Committees on Armed 

17 Services of the Senate and the House of Representatives 

18 a report setting forth— 

19 (A) a strategic plan for the work of the Com20 mission; 

21 (B) a discussion of the activities of the Com22 mission; and 

23 (C) any initial findings of the Commission. 

24 (2) Not later than December 31, 2005, the Commis25 sion shall submit a final report to the Committees of Con-
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1 gress referred to in paragraph (1). The final report shall 

2 include any recommendations that the Commission deter3 mines appropriate, including any recommended legislation, 

4 policies, regulations, directives, and practices. 

5 (g) TERMINATION.—The Commission shall terminate 

6 90 days after the date on which the final report is sub7 mitted under subsection (f)(2). 

8 (h) ANNUAL REVIEW BOARD.—(1)(A) Chapter 7 of 

9 title 10, United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 186. Reserve components: annual review 

12 ‘‘(a) INDEPENDENT REVIEW BOARD.—The Secretary 

13 of Defense shall appoint a board to review the reserve 

14 components of the armed forces. 

15 ‘‘(b) COMPOSITION OF BOARD.—(1) The Secretary 

16 shall appoint the members of the board from among per17 sons who have knowledge and expertise in the following 

18 areas: 

19 ‘‘(A) National security. 

20 ‘‘(B) Roles and missions of any of the armed 

21 forces. 

22 ‘‘(C) The mission, operations, and organization 

23 of any of the reserve components. 

24 ‘‘(D) Military readiness of the armed forces. 
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1 ‘‘(E) Personnel pay and other forms of com2 pensation. 

3 ‘‘(F) Other personnel benefits, including health 

4 care. 

5 ‘‘(2) The Secretary of Defense shall designate a mem6 ber of the board to be chairman of the board. 

7 ‘‘(c) DUTIES.—The board shall, on an annual basis— 

8 ‘‘(1) review— 

9 ‘‘(A) the roles and missions of the reserve 

10 components; and 

11 ‘‘(B) the compensation and other benefits, 

12 including health care benefits, that are provided 

13 for members of the reserve components under 

14 the laws of the United States; and 

15 ‘‘(2) submit to the Secretary of Defense a re16 port on the review, which shall include the findings 

17 of the board regarding the matters reviewed and any 

18 recommendations that the board considers appro19 priate regarding those matters. 

20 ‘‘(d) REPORT TO CONGRESS.—Promptly after receiv21 ing the report under subsection (c)(2), the Secretary shall 

22 transmit the report, together with any comments and rec23 ommendations that the Secretary considers appropriate, 

24 to the Committee on Armed Services of the Senate and 
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1 the Committee on Armed Services of the House of Rep2 resentatives. 

3 ‘‘(e) ADMINISTRATIVE PROVISIONS.—Section 180(d) 

4 of this title shall apply to the members of the review board 

5 appointed under this section.’’. 

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

7 chapter is amended by adding at the end the following 

8 new item: 

‘‘186. Reserve components: annual review.’’. 

9 (2) The first review board under section 186 of title 

10 10, United States Code (as added by paragraph (1)), shall 

11 be appointed during fiscal year 2006. 

12 SEC. 903. CHAIN OF SUCCESSION FOR THE CHIEF OF THE 

13 NATIONAL GUARD BUREAU. 

14 (a) SENIOR OFFICER.—(1) Section 10502 of title 10, 

15 United States Code, is amended by adding at the end the 

16 following new subsection: 

17 ‘‘(e) SUCCESSION.—Unless otherwise directed by the 

18 President or the Secretary of Defense, the most senior of19 ficer among the officers of the Army National Guard of 

20 the United States and the officers of the Air National 

21 Guard of the United States performing the duties of posi22 tions in the National Guard Bureau shall act as the Chief 

23 of the National Guard Bureau during any period that— 

24 ‘‘(1) there is a vacancy in the position of Chief 

25 of the National Guard Bureau; or 
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1 ‘‘(2) the Chief is unable to perform the duties 

2 of that position.’’. 

3 (2)(A) The heading of such section is amended by 

4 adding at the end the following: ‘‘; succession’’. 

5 (B) The item relating to such section in the table of 

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

7 amended to read as follows: 

‘‘10502. Chief of the National Guard Bureau: appointment; adviser on National 

Guard matters; grade; succession.’’. 

8 (b) CONFORMING AMENDMENT.—Section 10505 of 

9 such title is amended by striking subsections (d) and (e). 

10 SEC. 904. REDESIGNATION OF VICE CHIEF OF THE NA11 TIONAL GUARD BUREAU AS DIRECTOR OF 

12 THE JOINT STAFF OF THE NATIONAL GUARD 

13 BUREAU. 

14 (a) REDESIGNATION OF POSITION.—Subsection 

15 (a)(1) of section 10505 of title 10, United States Code, 

16 is amended by striking ‘‘Vice Chief of the National Guard 

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

18 National Guard Bureau’’. 

19 (b) CONFORMING AMENDMENTS.—(1) Subsections 

20 (a)(3)(A), (a)(3)(B), (b), (c), and (d) of section 10505 of 

21 title 10, United States Code, are amended by striking 

22 ‘‘Vice Chief of the National Guard Bureau’’ and inserting 

23 ‘‘Director of the Joint Staff of the National Guard Bu24 reau’’. 
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1 (2) Subsection (a)(3)(B) of such section, as amended 

2 by paragraph (1), is further amended by striking ‘‘as the 

3 Vice Chief’’ and inserting ‘‘as the Director’’. 

4 (3) Paragraphs (2) and (4) of subsection (a) of such 

5 section are amended by striking ‘‘Chief and Vice Chief of 

6 the National Guard Bureau’’ and inserting ‘‘Chief of the 

7 National Guard Bureau and the Director of the Joint 

8 Staff of the National Guard Bureau’’. 

9 (4)(A) Subsection (e) of such section is amended— 

10 (i) by striking ‘‘Chief and Vice Chief of the Na11 tional Guard Bureau or in the absence or disability 

12 of both the Chief and Vice Chief of the National 

13 Guard Bureau’’ and inserting ‘‘Chief of the National 

14 Guard Bureau and the Director of the Joint Staff 

15 of the National Guard Bureau or in the absence or 

16 disability of both the Chief and the Director’’; and 

17 (ii) by striking ‘‘Chief or Vice Chief’’ both 

18 places it appears and inserting ‘‘Chief or Director’’. 

19 (B) The heading for such subsection is amended by 

20 striking ‘‘VICE CHIEF.—’’ and inserting ‘‘DIRECTOR OF

21 THE JOINT STAFF.—’’. 

22 (5) Section 10506(a)(1) of title 10, United States 

23 Code, is amended by striking ‘‘Chief and Vice Chief of 

24 the National Guard Bureau’’ and inserting ‘‘Chief of the 
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1 National Guard Bureau and the Director of the Joint 

2 Staff of the National Guard Bureau’’. 

3 (c) CLERICAL AMENDMENTS.—(1) The heading for 

4 section 10505 of title 10, United States Code, is amended 

5 to read as follows: 

6 ‘‘§ 10505. Director of the Joint Staff of the National 

7 Guard Bureau’’. 

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 to read as follows: 

‘‘10505. Director of the Joint Staff of the National Guard Bureau.’’. 

11 (d) OTHER REFERENCES.—Any reference that is 

12 made in any law, regulation, document, paper, or other 

13 record of the United States to the Vice Chief of the Na14 tional Guard Bureau shall be deemed to be a reference 

15 to the Director of the Joint Staff of the National Guard 

16 Bureau. 

17 SEC. 905. AUTHORITY TO REDESIGNATE THE NAVAL RE18 SERVE. 

19 (a) AUTHORITY OF SECRETARY OF THE NAVY.—The 

20 Secretary of the Navy may, with the approval of the Presi21 dent, redesignate the Naval Reserve as the ‘‘Navy Re22 serve’’ effective on the date that is 180 days after the date 

23 on which the Secretary submits recommended legislation 

24 under subsection (b). 
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1 (b) RECOMMENDED LEGISLATION.—If the Secretary 

2 of the Navy exercises the authority to redesignate the 

3 Naval Reserve under subsection (a), the Secretary shall 

4 submit to the Committee on Armed Services of the Senate 

5 and the Committee on Armed Services of the House of 

6 Representatives recommended legislation that identifies 

7 each specific provision of law that refers to the Naval Re8 serve and sets forth an amendment to that specific provi9 sion of law to conform the reference to the new designa10 tion. 

11 (c) EFFECT OF REDESIGNATION.—On and after the 

12 effective date of a redesignation of the Naval Reserve 

13 under subsection (a), any reference in any law, map, regu14 lation, document, paper, or other record of the United 

15 States to the Naval Reserve shall be deemed to be a ref16 erence to the Navy Reserve. 

17 Subtitle B—Other Matters 

18 SEC. 911. STUDY OF ROLES AND AUTHORITIES OF THE DI19 RECTOR OF DEFENSE RESEARCH AND ENGI20 NEERING. 

21 (a) STUDY REQUIRED.—The Secretary of Defense 

22 shall carry out a study of the roles and authorities of the 

23 Director of Defense Research and Engineering. 

24 (b) CONTENT OF STUDY.—The study under this sec25 tion shall include the following: 
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1 (1) An examination of the past and current 

2 roles and authorities of the Director of Defense Re3 search and Engineering. 

4 (2) An analysis to determine appropriate future 

5 roles and authorities for the Director, including an 

6 analysis of the following matters: 

7 (A) The relationship of the Director to 

8 other senior science and technology and acquisi9 tion officials of the military departments and 

10 the Defense Agencies 

11 (B) The relationship of the Director to the 

12 performance of the following functions: 

13 (i) The planning, programming, and 

14 budgeting of the science and technology 

15 programs of the Department of Defense, 

16 including those of the military departments 

17 and the Defense Agencies. 

18 (ii) The management of Department 

19 of Defense laboratories and technical cen20 ters, including the management of the 

21 Federal Government scientific and tech22 nical workforce for such laboratories and 

23 centers. 
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1 (iii) The promotion of the rapid tran2 sition of technologies to acquisition pro3 grams within the Department of Defense. 

4 (iv) The promotion of the transfer of 

5 technologies into and from the commercial 

6 sector. 

7 (v) The coordination of Department of 

8 Defense science and technology activities 

9 with organizations outside the Department 

10 of Defense, including other Federal Gov11 ernment agencies, international research 

12 organizations, industry, and academia. 

13 (vi) The technical review of Depart14 ment of Defense acquisition programs and 

15 policies. 

16 (vii) The training and educational ac17 tivities for the national scientific and tech18 nical workforce. 

19 (viii) The development of science and 

20 technology policies and programs relating 

21 to the maintenance of the national tech22 nology and industrial base. 

23 (3) An examination of the duties of the Direc24 tor as the Chief Technology Officer of the Depart25 ment of Defense, especially in comparison to the du-
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1 ties of similar positions in the Federal Government 

2 and industry. 

3 (4) An examination of any other matters that 

4 the Secretary considers appropriate for the study. 

5 (c) REPORT.—(1) Not later than February 1, 2006, 

6 the Secretary shall submit a report on the results of the 

7 study under this section to the congressional defense com8 mittees. 

9 (2) The report shall include recommendations regard10 ing the appropriate roles, authorities, and resources that 

11 should be assigned to the Director of Defense Research 

12 and Engineering in order to enable the Director to serve 

13 effectively as the Chief Technology Officer of the Depart14 ment of Defense and to support the transformation of the 

15 Armed Forces. 

16 (d) ROLE OF DEFENSE SCIENCE BOARD IN STUDY

17 AND REPORT.—The Secretary shall act through the De18 fense Science Board in carrying out the study under this 

19 section and preparing the report under subsection (c). 

20 SEC. 912. DIRECTORS OF SMALL BUSINESS PROGRAMS. 

21 (a) REDESIGNATION OF EXISTING POSITIONS AND

22 OFFICES.—(1) Each of the following positions within the 

23 Department of Defense is redesignated as the Director of 

24 Small Business Programs: 
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1 (A) The Director of Small and Disadvantaged 

2 Business Utilization of the Department of Defense. 

3 (B) The Director of Small and Disadvantaged 

4 Business Utilization of the Department of the Army. 

5 (C) The Director of Small and Disadvantaged 

6 Business Utilization of the Department of the Navy. 

7 (D) The Director of Small and Disadvantaged 

8 Business Utilization of the Department of the Air 

9 Force. 

10 (2) Each of the following offices within the Depart11 ment of Defense is redesignated as the Office of Small 

12 Business Programs: 

13 (A) The Office of Small and Disadvantaged 

14 Business Utilization of the Department of Defense. 

15 (B) The Office of Small and Disadvantaged 

16 Business Utilization of the Department of the Army. 

17 (C) The Office of Small and Disadvantaged 

18 Business Utilization of the Department of the Navy. 

19 (D) The Office of Small and Disadvantaged 

20 Business Utilization of the Department of the Air 

21 Force. 

22 (3) Any reference that is made in any law, regulation, 

23 document, paper, or other record of the United States to 

24 a position or office redesignated by paragraph (1) or (2) 
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1 shall be deemed to be a reference to the position or office 

2 as so redesignated. 

3 (b) DEPARTMENT OF DEFENSE POSITION AND OF4 FICE.—(1) Chapter 4 of title 10, United States Code, is 

5 amended by inserting after section 133b the following new 

6 section: 

7 ‘‘§ 133c. Director of Small Business Programs 

8 ‘‘(a) DIRECTOR.—There is a Director of Small Busi9 ness Programs in the Department of Defense. The Direc10 tor is appointed by the Secretary of Defense. 

11 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The 

12 Office of Small Business Programs of the Department of 

13 Defense is the office that is established within the Office 

14 of the Secretary of Defense under section 15(k) of the 

15 Small Business Act (15 U.S.C. 644(k)). The Director of 

16 Small Business Programs is the head of such office. 

17 ‘‘(c) DUTIES AND POWERS.—(1) The Director of 

18 Small Business Programs shall, subject to paragraph (2), 

19 perform such duties regarding small business programs of 

20 the Department of Defense, and shall exercise such powers 

21 regarding those programs, as the Secretary of Defense 

22 may prescribe. 

23 ‘‘(2) Section 15(k) of the Small Business Act (15 

24 U.S.C. 644(k)), except for the designations of the Director 
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1 and the Office, applies to the Director of Small Business 

2 Programs.’’. 

3 (2) The table of sections at the beginning of such 

4 chapter is amended by inserting after the item relating 

5 to section 133b the following new item: 

‘‘133c. Director of Small Business Programs.’’. 

6 (c) DEPARTMENT OF THE ARMY POSITION AND OF7 FICE.—(1) Chapter 303 of title 10, United States Code, 

8 is amended by adding at the end the following new section: 

9 ‘‘§ 3024. Director of Small Business Programs 

10 ‘‘(a) DIRECTOR.—There is a Director of Small Busi11 ness Programs in the Department of the Army. The Direc12 tor is appointed by the Secretary of the Army. 

13 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The 

14 Office of Small Business Programs of the Department of 

15 the Army is the office that is established within the De16 partment of the Army under section 15(k) of the Small 

17 Business Act (15 U.S.C. 644(k)). The Director of Small 

18 Business Programs is the head of such office. 

19 ‘‘(c) DUTIES AND POWERS.—(1) The Director of 

20 Small Business Programs shall, subject to paragraph (2), 

21 perform such duties regarding small business programs of 

22 the Department of the Army, and shall exercise such pow23 ers regarding those programs, as the Secretary of the 

24 Army may prescribe. 
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1 ‘‘(2) Section 15(k) of the Small Business Act (15 

2 U.S.C. 644(k)), except for the designations of the Director 

3 and the Office, applies to the Director of Small Business 

4 Programs.’’. 

5 (2) The table of sections at the beginning of such 

6 chapter is amended by adding at the end the following 

7 new item: 

‘‘3024. Director of Small Business Programs.’’. 

8 (d) DEPARTMENT OF THE NAVY POSITION AND OF9 FICE.—(1) Chapter 503 of title 10, United States Code, 

10 is amended by adding at the end the following new section: 

11 ‘‘§ 5028. Director of Small Business Programs 

12 ‘‘(a) DIRECTOR.—There is a Director of Small Busi13 ness Programs in the Department of the Navy. The Direc14 tor is appointed by the Secretary of the Navy. 

15 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The 

16 Office of Small Business Programs of the Department of 

17 the Navy is the office that is established within the De18 partment of the Navy under section 15(k) of the Small 

19 Business Act (15 U.S.C. 644(k)). The Director of Small 

20 Business Programs is the head of such office. 

21 ‘‘(c) DUTIES AND POWERS.—(1) The Director of 

22 Small Business Programs shall, subject to paragraph (2), 

23 perform such duties regarding small business programs of 

24 the Department of the Navy, and shall exercise such pow-
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1 ers regarding those programs, as the Secretary of the 

2 Navy may prescribe. 

3 ‘‘(2) Section 15(k) of the Small Business Act (15 

4 U.S.C. 644(k)), except for the designations of the Director 

5 and the Office, applies to the Director of Small Business 

6 Programs.’’. 

7 (2) The table of sections at the beginning of such 

8 chapter is amended by adding at the end the following 

9 new item: 

‘‘5028. Director of Small Business Programs.’’. 

10 (d) DEPARTMENT OF THE AIR FORCE POSITION AND

11 OFFICE.—(1) Chapter 803 of title 10, United States 

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

13 section: 

14 ‘‘§ 8024. Director of Small Business Programs 

15 ‘‘(a) DIRECTOR.—There is a Director of Small Busi16 ness Programs in the Department of the Air Force. The 

17 Director is appointed by the Secretary of the Air Force. 

18 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The 

19 Office of Small Business Programs of the Department of 

20 the Air Force is the office that is established within the 

21 Department of the Air Force under section 15(k) of the 

22 Small Business Act (15 U.S.C. 644(k)). The Director of 

23 Small Business Programs is the head of such office. 

24 ‘‘(c) DUTIES AND POWERS.—(1) The Director of 

25 Small Business Programs shall, subject to paragraph (2), 
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1 perform such duties regarding small business programs of 

2 the Department of the Air Force, and shall exercise such 

3 powers regarding those programs, as the Secretary of the 

4 Air Force may prescribe. 

5 ‘‘(2) Section 15(k) of the Small Business Act (15 

6 U.S.C. 644(k)), except for the designations of the Director 

7 and the Office, applies to the Director of Small Business 

8 Programs.’’. 

9 (2) The table of sections at the beginning of such 

10 chapter is amended by adding at the end the following 

11 new item: 

‘‘8024. Director of Small Business Programs.’’. 

12 SEC. 913. LEADERSHIP POSITIONS FOR THE NAVAL POST13 GRADUATE SCHOOL. 

14 (a) DESIGNATION OF PRESIDENT.—(1) The position 

15 of Superintendent of the Naval Postgraduate School is re16 designated as President of the Naval Postgraduate School. 

17 (2) Any reference to the Superintendent of the Naval 

18 Postgraduate School in any law, rule, regulation, docu19 ment, record, or other paper of the United States shall 

20 be deemed to be a reference to the President of the Naval 

21 Postgraduate School. 

22 (3) Sections 7042, 7044, 7048(a), and 7049(e) of 

23 title 10, United States Code, are amended by striking 

24 ‘‘Superintendent’’ each place it appears and inserting 

25 ‘‘President’’. 
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1 (4) The heading of section 7042 of such title is 

2 amended by striking ‘‘Superintendent;’’ in the section 

3 heading and inserting ‘‘President;’’. 

4 (b) PROVOST AND ACADEMIC DEAN.—(1) The posi5 tion of Academic Dean of the Naval Postgraduate School 

6 is redesignated as Provost and Academic Dean of the 

7 Naval Postgraduate School. 

8 (2) Any reference to the Academic Dean of the Naval 

9 Postgraduate School in any law, rule, regulation, docu10 ment, record, or other paper of the United States shall 

11 be deemed to be a reference to the Provost and Academic 

12 Dean of the Naval Postgraduate School. 

13 (3)(A) Subsection (a) of section 7043 of title 10, 

14 United States Code, is amended to read as follows: 

15 ‘‘(a) There is at the Naval Postgraduate School the 

16 single civilian position of Provost and Academic Dean. The 

17 Provost and Academic Dean shall be appointed, to serve 

18 for periods of not more than five years, by the Secretary 

19 of the Navy. Before making an appointment to the posi20 tion of Provost and Academic Dean, the Secretary shall 

21 consult with the Board of Advisors for the Naval Post22 graduate School and consider any recommendation of the 

23 leadership and faculty of the Naval Postgraduate School 

24 regarding an appointment to the position.’’. 
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1 (B) The heading of such section is amended to read 

2 as follows: 

3 ‘‘§ 7043. Provost and Academic Dean’’. 

4 (4) Sections 7043(b) and 7081(a) of title 10, United 

5 States Code, are amended by striking ‘‘Academic Dean’’ 

6 and inserting ‘‘Provost and Academic Dean’’. 

7 (5) Section 5102(c)(10) of title 5, United States 

8 Code, is amended by striking ‘‘Academic Dean of the Post9 graduate School of the Naval Academy’’ and inserting 

10 ‘‘Provost and Academic Dean of the Naval Postgraduate 

11 School’’. 

12 (c) CLERICAL AMENDMENTS.—The table of sections 

13 at the beginning of chapter 605 of such title 10, United 

14 States Code, is amended by striking the items related to 

15 sections 7042 and 7043 and inserting the following new 

16 items: 

‘‘7042. President: assistants. 

‘‘7043. Provost and Academic Dean.’’. 

17 SEC. 914. UNITED STATES MILITARY CANCER INSTITUTE. 

18 (a) ESTABLISHMENT.—Chapter 104 of title 10, 

19 Unite States Code, is amended by adding at the end the 

20 following new section: 

21 ‘‘§ 2117. United States Military Cancer Institute 

22 ‘‘(a) ESTABLISHMENT.—(1) There is a United States 

23 Military Cancer Institute in the University. The Director 
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1 of the United States Military Cancer Institute is the head 

2 of the Institute. 

3 ‘‘(2) The Institute is composed of clinical and basic 

4 scientists in the Department of Defense who have an ex5 pertise in research, patient care, and education relating 

6 to oncology and who meet applicable criteria for participa7 tion in the Institute. 

8 ‘‘(3) The components of the Institute include military 

9 treatment and research facilities that meet applicable cri10 teria and are designated as affiliates of the Institute. 

11 ‘‘(b) RESEARCH.—(1) The Director of the United 

12 States Military Cancer Institute shall carry out research 

13 studies on the following: 

14 ‘‘(A) The epidemiological features of cancer, in15 cluding assessments of the carcinogenic effect of ge16 netic and environmental factors, and of disparities in 

17 health, inherent or common among populations of 

18 various ethnic origins. 

19 ‘‘(B) The prevention and early detection of can20 cer. 

21 ‘‘(C) Basic, translational, and clinical investiga22 tion matters relating to the matters described in 

23 subparagraphs (A) and (B). 

24 ‘‘(2) The research studies under paragraph (1) shall 

25 include complementary research on oncologic nursing. 
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1 ‘‘(c) COLLABORATIVE RESEARCH.—The Director of 

2 the United States Military Cancer Institute shall carry out 

3 the research studies under subsection (b) in collaboration 

4 with other cancer research organizations and entities se5 lected by the Institute for purposes of the research studies. 

6 ‘‘(d) ANNUAL REPORT.—(1) Promptly after the end 

7 of each fiscal year, the Director of the United States Mili8 tary Cancer Institute shall submit to the President of the 

9 University a report on the results of the research studies 

10 carried out under subsection (b). 

11 ‘‘(2) Not later than 60 days after receiving the an12 nual report under paragraph (1), the President of the Uni13 versity shall transmit such report to the Secretary of De14 fense and to Congress.’’. 

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: 

‘‘2117. United States Military Cancer Institute.’’. 

18 TITLE X—GENERAL PROVISIONS 

19 Subtitle A—Financial Matters 

20 SEC. 1001. TRANSFER AUTHORITY. 

21 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

22 (1) Upon determination by the Secretary of Defense that 

23 such action is necessary in the national interest, the Sec24 retary may transfer amounts of authorizations made avail25 able to the Department of Defense in this division for fis-
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1 cal year 2005 between any such authorizations for that 

2 fiscal year (or any subdivisions thereof). Amounts of au3 thorizations so transferred shall be merged with and be 

4 available for the same purposes as the authorization to 

5 which transferred. 

6 (2) The total amount of authorizations that the Sec7 retary may transfer under the authority of this section 

8 may not exceed $3,000,000,000. 

9 (b) LIMITATIONS.—The authority provided by this 

10 section to transfer authorizations— 

11 (1) may only be used to provide authority for 

12 items that have a higher priority than the items 

13 from which authority is transferred; and 

14 (2) may not be used to provide authority for an 

15 item that has been denied authorization by Con16 gress. 

17 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

18 transfer made from one account to another under the au19 thority of this section shall be deemed to increase the 

20 amount authorized for the account to which the amount 

21 is transferred by an amount equal to the amount trans22 ferred. 

23 (d) NOTICE TO CONGRESS.—The Secretary shall 

24 promptly notify Congress of each transfer made under 

25 subsection (a). 
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1 SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COM2 MON-FUNDED BUDGETS IN FISCAL YEAR 2005. 

3 (a) FISCAL YEAR 2005 LIMITATION.—The total 

4 amount contributed by the Secretary of Defense in fiscal 

5 year 2005 for the common-funded budgets of NATO may 

6 be any amount up to, but not in excess of, the amount 

7 specified in subsection (b) (rather than the maximum 

8 amount that would otherwise be applicable to those con9 tributions under the fiscal year 1998 baseline limitation). 

10 (b) TOTAL AMOUNT.—The amount of the limitation 

11 applicable under subsection (a) is the sum of the following: 

12 (1) The amounts of unexpended balances, as of 

13 the end of fiscal year 2004, of funds appropriated 

14 for fiscal years before fiscal year 2005 for payments 

15 for those budgets. 

16 (2) The amount specified in subsection (c)(1). 

17 (3) The amount specified in subsection (c)(2). 

18 (4) The total amount of the contributions au19 thorized to be made under section 2501. 

20 (c) AUTHORIZED AMOUNTS.—Amounts authorized to 

21 be appropriated by titles II and III of this Act are avail22 able for contributions for the common-funded budgets of 

23 NATO as follows: 

24 (1) Of the amount provided in section 201(1), 

25 $756,000 for the Civil Budget. 
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1 (2) Of the amount provided in section 301(1), 

2 $222,492,000 for the Military Budget. 

3 (d) DEFINITIONS.—For purposes of this section: 

4 (1) COMMON-FUNDED BUDGETS OF NATO.— 

5 The term ‘‘common-funded budgets of NATO’’ 

6 means the Military Budget, the Security Investment 

7 Program, and the Civil Budget of the North Atlantic 

8 Treaty Organization (and any successor or addi9 tional account or program of NATO). 

10 (2) FISCAL YEAR 1998 BASELINE LIMITATION.— 

11 The term ‘‘fiscal year 1998 baseline limitation’’ 

12 means the maximum annual amount of Department 

13 of Defense contributions for common-funded budgets 

14 of NATO that is set forth as the annual limitation 

15 in section 3(2)(C)(ii) of the resolution of the Senate 

16 giving the advice and consent of the Senate to the 

17 ratification of the Protocols to the North Atlantic 

18 Treaty of 1949 on the Accession of Poland, Hun19 gary, and the Czech Republic (as defined in section 

20 4(7) of that resolution), approved by the Senate on 

21 April 30, 1998. 

22 SEC. 1003. REDUCTION IN OVERALL AUTHORIZATION DUE 

23 TO INFLATION SAVINGS. 

24 (a) REDUCTION.—The total amount authorized to be 

25 appropriated by titles I, II, and III is the amount equal 
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1 to the sum of the individual authorizations in those titles 

2 reduced by $1,670,000,000. 

3 (b) SOURCE OF SAVINGS.—Reductions required in 

4 order to comply with subsection (a) shall be derived from 

5 savings resulting from lower-than-expected inflation as a 

6 result of the annual review of the budget conducted by 

7 the Office of Management and Budget. 

8 (c) ALLOCATION OF REDUCTION.—The Secretary of 

9 Defense shall allocate the reduction required by subsection 

10 (a) among the accounts in titles I, II, and III to reflect 

11 the extent to which net inflation savings are available in 

12 those accounts. 

13 SEC. 1004. DEFENSE BUSINESS SYSTEMS INVESTMENT MAN14 AGEMENT. 

15 (a) REQUIREMENT FOR DEFENSE BUSINESS ENTER16 PRISE ARCHITECTURE AND TRANSITION PLAN.—(1) Not 

17 later than September 30, 2005, the Secretary of Defense 

18 shall develop— 

19 (A) a defense business enterprise architecture 

20 covering all defense business systems of the Depart21 ment of Defense and the functions and activities 

22 supported by such systems that— 

23 (i) is sufficiently defined to effectively 

24 guide, constrain, and permit implementation of 

25 interoperable business system solutions; and 
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1 (ii) is consistent with the applicable poli2 cies and procedures prescribed by the Director 

3 of the Office of Management and Budget; and 

4 (B) a transition plan for implementing the de5 fense business enterprise architecture. 

6 (2) In carrying out paragraph (1), the Secretary shall 

7 act through the Defense Business Systems Management 

8 Committee established under subsection (h). 

9 (b) COMPOSITION OF ENTERPRISE ARCHITEC10 TURE.—The defense business enterprise architecture de11 veloped under subsection (a)(1)(A) shall include the fol12 lowing: 

13 (1) An information infrastructure that, at a 

14 minimum, would enable the Department of Defense 

15 to— 

16 (A) comply with all Federal accounting, fi17 nancial management, and reporting require18 ments; 

19 (B) routinely produce timely, accurate, and 

20 reliable financial information for management 

21 purposes; 

22 (C) integrate budget, accounting, and pro23 gram information and systems; and 

24 (D) provide for the systematic measure25 ment of performance, including the ability to 
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1 produce timely, relevant, and reliable cost infor2 mation. 

3 (2) Policies, procedures, data standards, and 

4 system interface requirements that are to apply uni5 formly throughout the Department of Defense. 

6 (c) COMPOSITION OF TRANSITION PLAN.—(1) The 

7 transition plan developed under subsection (a)(1)(B) shall 

8 include the following: 

9 (A) The acquisition strategy for new systems 

10 that are expected to be needed to complete the de11 fense business enterprise architecture. 

12 (B) A listing of the defense business systems as 

13 of December 2, 2002 (known as ‘‘legacy systems’’), 

14 that will not be part of the objective defense busi15 ness enterprise architecture, together with the sched16 ule for terminating those legacy systems that pro17 vides for reducing the use of those legacy systems in 

18 phases. 

19 (C) A listing of the legacy systems (referred to 

20 in subparagraph (B)) that will be a part of the ob21 jective defense business system, together with a 

22 strategy for making the modifications to those sys23 tems that will be needed to ensure that such systems 

24 comply with the defense business enterprise architec25 ture. 
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1 (2) Each of the strategies under paragraph (1) shall 

2 include specific time-phased milestones, performance 

3 metrics, and a statement of the financial and nonfinancial 

4 resource needs. 

5 (d) CONDITIONS FOR USE OF FUNDS FOR DEFENSE

6 BUSINESS SYSTEM MODERNIZATION.—(1) After Sep7 tember 30, 2005, an officer or employee of the United 

8 States may not obligate or expend an amount in excess 

9 of $1,000,000 for a defense business system moderniza10 tion unless the Secretary of Defense or the official dele11 gated authority for the system covered by such moderniza12 tion under subsection (e) has determined in writing that 

13 such defense business system modernization— 

14 (A) is consistent with the defense business en15 terprise architecture and transition plan developed 

16 under subsection (a); or 

17 (B) is necessary to— 

18 (i) achieve a critical national security capa19 bility or address a critical requirement in an 

20 area such as safety or security; or 

21 (ii) prevent a significant adverse effect on 

22 a project that is needed to achieve an essential 

23 capability, taking into consideration the alter24 native solutions for preventing such adverse ef25 fect. 
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1 (2) A violation of paragraph (1) is a violation of sec2 tion 1341(a)(1)(A) of title 31, United States Code. 

3 (e) ACCOUNTABILITY FOR DEFENSE BUSINESS SYS4 TEMS.—The Secretary of Defense shall delegate authority 

5 for the planning, design, acquisition, development, deploy6 ment, operation, maintenance, modernization, and over7 sight of defense business systems as follows: 

8 (1) To the Under Secretary of Defense for Ac9 quisition, Technology, and Logistics, for— 

10 (A) defense business systems the primary 

11 purpose of which is to support acquisition ac12 tivities in the Department of Defense; 

13 (B) defense business systems the primary 

14 purpose of which is to support logistics activi15 ties in the Department of Defense; and 

16 (C) defense business systems the primary 

17 purpose of which is to support installations and 

18 environment activities in the Department of De19 fense. 

20 (2) To the Under Secretary of Defense (Comp21 troller) and Chief Financial Officer, for— 

22 (A) defense business systems the primary 

23 purpose of which is to support financial man24 agement activities in the Department of De25 fense; and 
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1 (B) defense business systems the primary 

2 purpose of which is to support strategic plan3 ning and budgeting activities in the Department 

4 of Defense. 

5 (3) To the Under Secretary of Defense for Per6 sonnel and Readiness, for defense business systems 

7 the primary purpose of which is to support human 

8 resource management activities in the Department 

9 of Defense. 

10 (4) To the Assistant Secretary of Defense (Net11 works and Information Integration) and Chief Infor12 mation Officer, for defense business systems the pri13 mary purpose of which is to support information 

14 technology infrastructure and information assurance 

15 activities of the Department of Defense. 

16 (5) To the Deputy Secretary of Defense or an 

17 Under Secretary of Defense, as designated by the 

18 Secretary of Defense, for defense business systems 

19 the primary purpose of which is to support any ac20 tivity of the Department of Defense not described in 

21 another paragraph of this subsection. 

22 (f) DEFENSE BUSINESS SYSTEM INVESTMENT RE23 VIEW.—(1) The Secretary of Defense shall require each 

24 official to whom authority is delegated under subsection 

25 (e) to establish an investment review process to review the 
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1 planning, design, acquisition, development, deployment, 

2 operation, maintenance, and modernization of all defense 

3 business systems covered by the authority so delegated to 

4 that official, and to analyze project cost benefits and risks 

5 of such systems. 

6 (2) Each investment review process established under 

7 paragraph (1) shall be consistent with the requirements 

8 of section 11312 of title 40, United States Code, and shall 

9 include the following features: 

10 (A) An investment review board composed of 

11 appropriate officials from among the Armed Forces, 

12 combatant commands, the Joint Staff, and Defense 

13 Agencies. 

14 (B) Review and approval, by the investment re15 view board, of each defense business system as an 

16 investment before the obligation or expenditure of 

17 funds on such system. 

18 (C) Periodic review of each defense business 

19 system investment not less often than annually. 

20 (D) Use of threshold criteria to ensure that 

21 each defense business system investment, and that 

22 accountability for each defense business system in23 vestment, is reviewed at a level of review within the 

24 Department of Defense that is appropriate for the 

25 scope, complexity, and cost of the investment. 
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1 (E) Procedures for making determinations in 

2 accordance with the requirements of subsection (d). 

3 (g) DEFENSE BUSINESS SYSTEMS BUDGET EX4 HIBIT.—For each budget for a fiscal year after fiscal year 

5 2005 that the President submits to Congress under sec6 tion 1105(a) of title 31, United States Code, the Secretary 

7 of Defense shall include in the documentation on major 

8 functional category 050 (National Defense) that the Sec9 retary submits to the congressional defense committees in 

10 support of such budget a defense business systems budget 

11 exhibit that includes the following information: 

12 (1) Identification of each defense business sys13 tem for which funding is proposed in that budget. 

14 (2) Identification of all funds, by appropriation, 

15 proposed in that budget for each such system, in16 cluding— 

17 (A) funds for current services (to operate 

18 and maintain the system); and 

19 (B) funds for business systems moderniza20 tion, identified for each specific appropriation. 

21 (3) For each such system, identification of the 

22 official to whom authority for such system is dele23 gated under subsection (e). 
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1 (4) For each such system, a description of each 

2 determination made under subsection (d) with re3 gard to such system. 

4 (h) DEFENSE BUSINESS SYSTEM MANAGEMENT

5 COMMITTEE.—(1) The Secretary of Defense shall estab6 lish a Defense Business Systems Management Executive 

7 Committee. The Committee shall be composed of the fol8 lowing members: 

9 (A) The Deputy Secretary of Defense, who shall 

10 be the chairman of the Committee. 

11 (B) The Under Secretary of Defense for Acqui12 sition, Logistics, and Technology. 

13 (C) The Under Secretary of Defense for Per14 sonnel and Readiness. 

15 (D) The Under Secretary of Defense (Comp16 troller) and Chief Financial Officer. 

17 (E) The Assistant Secretary of Defense (Net18 works and Information Integration) and Chief Infor19 mation Officer. 

20 (F) The Secretaries of the military depart21 ments. 

22 (G) The heads of the Defense Agencies. 

23 (H) Any personnel assigned to the Joint Staff, 

24 personnel assigned to combatant commands, or other 
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1 Department of Defense personnel that the Secretary 

2 of Defense designates to serve on the Committee. 

3 (2) In addition to any other duties assigned to the 

4 Committee by the Secretary of Defense, the Committee 

5 shall have the following duties: 

6 (A) To submit to the Secretary recommended 

7 policies and procedures that the Committee con8 siders necessary to effectively integrate compliance 

9 with the requirements of this section into all busi10 ness activities and any transformation, reform, reor11 ganization, or process improvement initiatives under12 taken within the Department of Defense. 

13 (B) To review and approve defense business 

14 systems modernization plans, including review and 

15 approval of any major update of the defense busi16 ness enterprise architecture. 

17 (C) To coordinate defense business system mod18 ernization initiatives to maximize benefits and mini19 mize costs for the Department of Defense. 

20 (D) To ensure that funds are not obligated for 

21 the modernization of any defense business system in 

22 violation of subsection (d)(1). 

23 (E) To periodically report to the Secretary on 

24 the status of defense business system modernization 

25 efforts. 
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1 (i) DEFINITIONS.—In this section: 

2 (1) The term ‘‘defense business system’’ means 

3 any information system (except a national security 

4 system, as defined in section 2315 of title 10, 

5 United States Code) that is operated by, for, or on 

6 behalf of the Department of Defense to support 

7 business activities such as acquisition, financial 

8 management, logistics, strategic planning and budg9 eting, installations and environment, and human re10 source management. 

11 (2) The term ‘‘enterprise architecture’’ has the 

12 meaning given that term in section 3601(4) of title 

13 44, United States Code. 

14 (3) The terms ‘‘information system’’ and ‘‘in15 formation technology’’ have the meanings given 

16 those terms in section 11101 of title 40, United 

17 States Code. 

18 (4) The term ‘‘modernization’’, with respect to 

19 a defense business system, means the acquisition or 

20 development of a new defense business system or 

21 any significant modification or enhancement of an 

22 existing defense business system (other than as nec23 essary to maintain current services). 

24 (j) ANNUAL REPORT.—Not later than March 15 of 

25 2005 and each year thereafter through 2009, the Sec-
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1 retary of Defense shall submit to the congressional defense 

2 committees a report on the progress made by the Depart3 ment of Defense in implementing the defense business en4 terprise architecture and transition plan required by this 

5 section. Each report shall include, at a minimum, the fol6 lowing information: 

7 (1) A description of the specific actions taken 

8 and planned to be taken to implement the defense 

9 business enterprise architecture and the transition 

10 plan. 

11 (2) Specific milestones, performance measures, 

12 and resource commitments for such actions. 

13 (k) COMPTROLLER GENERAL ASSESSMENT.—Not 

14 later than 60 days after the date on which the Secretary 

15 of Defense approves the defense business enterprise archi16 tecture and transition plan developed under subsection 

17 (a), and again each year not later than 60 days after the 

18 submission of the annual report under subsection (j), the 

19 Comptroller General shall submit to the congressional de20 fense committees an assessment of the extent to which the 

21 actions taken by the Department comply with the require22 ments of this section. 

23 (l) RELATIONSHIP TO OTHER LAW.—Nothing in this 

24 section shall be construed to modify or affect the applica25 bility of the restrictions and requirements provided in sec-
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1 tion 8088 of the Department of Defense Appropriations 

2 Act, 2003 (Public Law 107–248; 116 Stat. 1556). 

3 (m) REPEAL OF SUPERSEDED LAW.—Section 1004 

4 of the Bob Stump National Defense Authorization Act for 

5 Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2629; 

6 10 U.S.C. 113 note) is repealed. 

7 SEC. 1005. UNIFORM FUNDING AND MANAGEMENT OF 

8 SERVICE ACADEMY ATHLETIC AND EXTRA9 CURRICULAR PROGRAMS AND SIMILAR SUP10 PLEMENTAL MISSION ACTIVITIES. 

11 (a) UNITED STATES MILITARY ACADEMY.—(1) 

12 Chapter 403 of title 10, United States Code, is amended 

13 by adding at the end the following new section: 

14 ‘‘§ 4359. Athletic and extracurricular programs: uni15 form funding 

16 ‘‘The authority and conditions provided in sub17 sections (a) and (b) of section 2494 of this title shall also 

18 apply to any athletic or other extracurricular program of 

19 the Academy that is not considered a morale, welfare, or 

20 recreation program referred to in such section.’’. 

21 (2) The table of sections at the beginning of such title 

22 is amended by adding at the end the following new item: 

‘‘4359. Athletic and extracurricular programs: uniform funding.’’. 

23 (b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 

24 603 of title 10, United States Code, is amended by adding 

25 at the end the following new section: 
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1 ‘‘§ 6978. Athletic and extracurricular programs: uni2 form funding 

3 ‘‘The authority and conditions provided in sub4 sections (a) and (b) of section 2494 of this title shall also 

5 apply to any athletic or other extracurricular program of 

6 the Naval Academy that is not considered a morale, wel7 fare, or recreation program referred to in such section.’’. 

8 (2) The table of sections at the beginning of such title 

9 is amended by adding at the end the following new item: 

‘‘6978. Athletic and extracurricular programs: uniform funding.’’. 

10 (c) UNITED STATES AIR FORCE ACADEMY.—(1) 

11 Chapter 903 of title 10, United States Code, is amended 

12 by adding at the end the following new section: 

13 ‘‘§ 9358. Athletic and extracurricular programs: uni14 form funding 

15 ‘‘The authority and conditions provided in sub16 sections (a) and (b) of section 2494 of this title shall also 

17 apply to any athletic or other extracurricular program of 

18 the Academy that is not considered a morale, welfare, or 

19 recreation program referred to in such section.’’. 

20 (2) The table of sections at the beginning of such title 

21 is amended by adding at the end the following new item: 

‘‘9358. Athletic and extracurricular programs: uniform funding.’’. 

22 (d) EFFECTIVE DATE AND APPLICABILITY.—This 

23 section and the amendments made by this section shall 

24 take effect on October 1, 2004, and shall apply with re-
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1 spect to funds appropriated for fiscal years beginning on 

2 or after such date. 

3 Subtitle B—Naval Vessels and 

4 Shipyards 

5 SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERV6 ICE CRAFT AND BOATS. 

7 (a) IN GENERAL.—Chapter 633 of title 10, United 

8 States Code, is amended by inserting after section 7309 

9 the following new section: 

10 ‘‘§ 7309a. Service craft and boats: exchange or sale 

11 ‘‘(a) IN GENERAL.—The Secretary of the Navy may, 

12 in acquiring personal property under section 503 of title 

13 40, exchange or sell obsolete Navy service craft or boats 

14 that are similar to such personal property and apply the 

15 exchange allowance or proceeds of sale in whole or part 

16 payment for such personal property. 

17 ‘‘(b) USE OF PROCEEDS FOR COST OF PREPARATION

18 OF SALE.—In selling a service craft or boat under sub19 section (a), the Secretary shall obtain, to the extent prac20 ticable, amounts necessary to recover the full costs, wheth21 er direct or indirect, incurred by the Navy in preparing 

22 the service craft or boat for sale, including costs of towing, 

23 storage, defueling, removal and disposal of hazardous 

24 wastes, environmental surveys to determine the presence 

25 of regulated materials containing polychlorinated biphenyl 
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1 (PCB), removal and disposal of such materials, and other 

2 related costs. 

3 ‘‘(c) TREATMENT OF ADDITIONAL PROCEEDS.—(1) 

4 Any proceeds of sale of a service craft or boat under sub5 section (a) that are in addition to amounts necessary to 

6 recover the costs of the preparation of sale of the service 

7 craft or boat under subsection (b) shall be deposited in 

8 an account in the Treasury established for purposes of this 

9 section. 

10 ‘‘(2) Amounts in the account under paragraph (1) 

11 shall be available to the Secretary for the payment of costs 

12 associated with the preparation of obsolete Navy service 

13 craft or boats for sale or exchange under this section. 

14 Amounts in the account shall be available for that purpose 

15 without fiscal year limitation. 

16 ‘‘(3) The Secretary shall, on a periodic basis, deposit 

17 amounts in the account under paragraph (1) that are in 

18 excess of the amounts otherwise utilized under paragraph 

19 (2) in the general Treasury as miscellaneous receipts, or 

20 in another account in the Treasury as otherwise provided 

21 by law. 

22 ‘‘(d) INAPPLICABILITY OF CERTAIN PROCUREMENT

23 REQUIREMENTS.—Notwithstanding section 503(b)(3) of 

24 title 40, section 3709 of the Revised Statutes (41 U.S.C. 
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1 5) shall not apply to the exchange or sale of service craft 

2 or boats under this section. 

3 ‘‘(e) REGULATIONS.—The Secretary may prescribe 

4 regulations relating to the exercise of authority under this 

5 section.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of such chapter is amended by inserting 

8 after the item relating to section 7309 the following new 

9 item: 

‘‘7309a. Service craft and boats: exchange or sale.’’. 

10 SEC. 1012. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL 

11 VESSEL. 

12 The Secretary of the Navy may not dispose of the 

13 decommissioned destroyer ex-Edson (DD–946) before Oc14 tober 1, 2007, to an entity that is not a nonprofit organi15 zation unless the Secretary first determines that there is 

16 no nonprofit organization that meets the criteria for dona17 tion of that vessel under section 7306(a)(3) of title 10, 

18 United States Code. 

19 SEC. 1013. AWARD OF CONTRACTS FOR SHIP DISMANTLING 

20 ON NET COST BASIS. 

21 (a) IN GENERAL.—Chapter 633 of title 10, United 

22 States Code, is amended by inserting after section 7305 

23 the following new section: 
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1 ‘‘§ 7305a. Contracts for ship dismantling: award on 

2 net cost basis 

3 ‘‘(a) AUTHORITY.—Notwithstanding any other provi4 sion of law, the Secretary of the Navy may use net cost 

5 as a criterion in the selection of an offeror for award of 

6 a contract for the dismantling of one or more ships strick7 en from the Naval Vessel Register and may accord that 

8 criterion such weight in the offer evaluation process as the 

9 Secretary considers appropriate and specifies in the solici10 tation of offers for that contract. 

11 ‘‘(b) COMPETITION.—In exercising the authority 

12 under this section, the Secretary shall to the maximum 

13 extent practicable use the competitive procedure or com14 bination of competitive procedures that is best suited 

15 under the circumstances. 

16 ‘‘(c) RETENTION OF PROCEEDS.—When the Sec17 retary of the Navy awards a ship dismantling contract on 

18 a net cost basis, the contractor may retain the proceeds 

19 from the sale of scrap and reusable items from the vessel 

20 being dismantled. 

21 ‘‘(d) DEFINITIONS.—For purposes of this section: 

22 ‘‘(1) The term ‘net cost’, with respect to a con23 tract for the dismantling of a ship, means the 

24 amount equal to the excess of— 

25 ‘‘(A) the amount of the contractor’s gross 

26 cost of performance of the contract, over 
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1 ‘‘(B) the estimated value of scrap and re2 usable items that the contractor removes from 

3 the ship during performance of the contract, as 

4 stated in the contractor’s offer for such con5 tract. 

6 ‘‘(2) The term ‘scrap’ means personal property 

7 that has no value except for its basic material con8 tent. 

9 ‘‘(3) The term ‘reusable item’, with respect to 

10 a ship, means any demilitarized component or re11 movable portion of the ship or the ship’s equipment 

12 that the Navy has identified as excess to its needs 

13 but which has potential resale value on the open 

14 market.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by inserting 

17 after the item relating to section 7305 the following new 

18 item: 

‘‘7305a. Contracts for ship dismantling: award on net cost basis.’’. 

19 Subtitle C—Reports 

20 SEC. 1021. REPORT ON CONTRACTOR SECURITY IN IRAQ. 

21 (a) REPORT REQUIRED.—(1) Not later than 90 days 

22 after the date of the enactment of this Act, the Secretary 

23 of Defense shall submit a report on contractor security 

24 in Iraq to the congressional defense committees. The re25 port shall include, at a minimum— 
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1 (A) information on the security of contractor 

2 employees in Iraq, as described in subsection (b); 

3 (B) information on contract security personnel 

4 in Iraq, as described in subsection (c); and 

5 (C) any recommended actions that the Sec6 retary considers appropriate to enhance contractor 

7 security in Iraq. 

8 (2) The information included in the report shall be 

9 current as of September 30, 2004. 

10 (b) SECURITY OF CONTRACTOR EMPLOYEES IN

11 IRAQ.—The report under subsection (a) shall include in12 formation on contractor employees in Iraq, as follows: 

13 (1) The number of contractor employees in each 

14 of the following categories of nationals: 

15 (A) Nationals of the United States. 

16 (B) Nationals of Iraq. 

17 (C) Nationals of states other than the 

18 United States and Iraq. 

19 (2) For each of the categories of nationals list20 ed in paragraph (1), the number of casualties among 

21 contractor employees on and after May 1, 2003. 

22 (c) CONTRACT SECURITY PERSONNEL.—The report 

23 required by subsection (a) shall include information on 

24 contract security personnel of a contractor in Iraq, as fol25 lows: 
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1 (1) The number of contract security personnel 

2 engaged in providing security services to personnel 

3 or facilities in each of the following categories: 

4 (A) Personnel or facilities of the United 

5 States Government or the Coalition Provisional 

6 Authority. 

7 (B) Personnel or facilities of the Iraqi Gov8 ernment. 

9 (C) Personnel or facilities of a contractor 

10 or subcontractor. 

11 (2) For each of the categories of nationals list12 ed in subsection (b)(1), the following information: 

13 (A) The number of contract security per14 sonnel. 

15 (B) The range of annual rates of pay of 

16 the contract security personnel. 

17 (C) The number of casualties among the 

18 contract security personnel on and after May 1, 

19 2003. 

20 (3) The number, types, and sources of weapons 

21 that contract security personnel are authorized to 

22 possess in each of the following categories: 

23 (A) Weapons provided by coalition forces. 

24 (B) Weapons supplied by the contractor. 

25 (C) Weapons supplied by other sources. 
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1 (4) The extent to which contract security per2 sonnel are equipped with other critical equipment, 

3 such as body armor, armored vehicles, secure com4 munications, and friend-foe identification. 

5 (5) An assessment of the extent to which con6 tract security personnel have been engaged by hos7 tile fire on and after May 1, 2003. 

8 (d) FORMS OF REPORT.—The report required by this 

9 section shall be submitted in classified and unclassified 

10 forms. 

11 (e) DEFINITIONS.—In this section: 

12 (1) The term ‘‘contract security personnel’’ in13 cludes employees of a contractor or subcontractor 

14 who, under a covered contract, provide security serv15 ices in Iraq to— 

16 (A) personnel or facilities of the United 

17 States Government or the Coalition Provisional 

18 Authority; 

19 (B) personnel or facilities of the Iraqi Gov20 ernment; or 

21 (C) personnel or facilities of a contractor. 

22 (2) The term ‘‘covered contract’’— 

23 (A) means a contract entered into by an 

24 agency of the United States Government or by 

25 the Coalition Provisional Authority for the pro-
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1 curement of products or services to be provided 

2 in Iraq, regardless of the source of the funding 

3 for such procurement; and 

4 (B) includes a subcontract under such a 

5 contract, regardless of the source of the funding 

6 for such procurement. 

7 (3) The term ‘‘national of the United States’’ 

8 has the meaning given such term in section 101(22) 

9 of the Immigration and Nationality Act (8 U.S.C. 

10 1101(22)). 

11 (4) The term ‘‘national’’, except as provided in 

12 paragraph (3), has the meaning given such term in 

13 section 101(21) of such Act. 

14 Subtitle D—Matters Relating to 

15 Space 

16 SEC. 1031. SPACE POSTURE REVIEW. 

17 (a) REQUIREMENT FOR COMPREHENSIVE REVIEW.— 

18 In order to clarify the national security space policy and 

19 strategy of the United States for the near term, the Sec20 retary of Defense shall conduct a comprehensive review 

21 of the space posture of the United States over the posture 

22 review period. 

23 (b) ELEMENTS OF REVIEW.—The review conducted 

24 under subsection (a) shall include, for the posture review 

25 period, the following: 
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1 (1) The role of space in United States military 

2 and national security strategy, planning, and pro3 gramming. 

4 (2) The policy, requirements, and objectives for 

5 space situational awareness. 

6 (3) The policy, requirements, and objectives for 

7 space control. 

8 (4) The policy, requirements, and objectives for 

9 space superiority, including defensive and offensive 

10 counterspace. 

11 (5) The policy, requirements, and objectives for 

12 space exploitation, including force enhancement and 

13 force application. 

14 (6) The policy, requirements, and objectives for 

15 intelligence surveillance and reconnaissance from 

16 space. 

17 (7) Current and planned space programs, in18 cluding how each such program will address the pol19 icy, requirements, and objectives described in para20 graphs (1) through (6). 

21 (8) The relationship among United States mili22 tary space policy and national security space policy, 

23 space objectives, and arms control policy. 
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1 (9) The type of systems, including space sys2 tems, that are necessary to implement United States 

3 military and national security space policies. 

4 (10) The effect of United States national secu5 rity space policy on weapons proliferation. 

6 (c) REPORTS.—(1) Not later than March 15, 2005, 

7 the Secretary of Defense shall submit to the congressional 

8 defense committees an interim report on the review con9 ducted under subsection (a). 

10 (2) Not later than December 31, 2005, the Secretary 

11 shall submit to the congressional defense committees a 

12 final report on the review. 

13 (3) Each report under this subsection shall be sub14 mitted in unclassified form, but may include a classified 

15 annex. 

16 (d) POSTURE REVIEW PERIOD DEFINED.—In this 

17 section, the term ‘‘posture review period’’ means the pe18 riod beginning one year after the date of the enactment 

19 of this Act and ending ten years after that date. 

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

21 LAUNCH. 

22 (a) IN GENERAL.—(1) The Secretary of Defense 

23 shall enter into a contract with a federally funded research 

24 and development center to establish a panel on the future 
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1 military space launch requirements of the United States, 

2 including means of meeting such requirements. 

3 (2) The Secretary shall enter into the contract not 

4 later than 60 days after the date of the enactment of this 

5 Act. 

6 (b) MEMBERSHIP AND ADMINISTRATION OF

7 PANEL.—(1) The panel shall consist of individuals se8 lected by the federally funded research and development 

9 center from among private citizens of the United States 

10 with knowledge and expertise in one or more of the fol11 lowing areas: 

12 (A) Space launch operations. 

13 (B) Space launch technologies. 

14 (C) Satellite and satellite payloads. 

15 (D) State and national launch complexes. 

16 (E) Space launch economics. 

17 (2) The federally funded research and development 

18 center shall establish appropriate procedures for the ad19 ministration of the panel, including designation of the 

20 chairman of the panel from among its members. 

21 (3) All panel members shall hold security clearances 

22 appropriate for the work of the panel. 

23 (4) The panel shall convene its first meeting not later 

24 than 30 days after the date on which all members of the 

25 panel have been selected. 
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1 (c) DUTIES.—(1) The panel shall conduct a review 

2 and assessment of the future military space launch re3 quirements of the United States, including the means of 

4 meeting such requirements. 

5 (2) The review and assessment shall take into ac6 count matters as follows: 

7 (A) Launch economics. 

8 (B) Operational concepts and architectures. 

9 (C) Launch technologies, including— 

10 (i) reusable launch vehicles; 

11 (ii) expendable launch vehicles; 

12 (iii) low cost options; and 

13 (iv) revolutionary approaches. 

14 (D) Payloads, including their implications for 

15 launch requirements. 

16 (E) Launch infrastructure. 

17 (F) Launch industrial base. 

18 (G) Relationships among military, civilian, and 

19 commercial launch requirements. 

20 (3) The review and assessment shall address military 

21 space launch requirements over each of the 5-year, 10- 

22 year, and 15-year periods beginning with 2005. 

23 (d) COOPERATION OF FEDERAL AGENCIES.—(1) The 

24 panel may secure directly from the Department of Defense 

25 or any other department or agency of the Federal Govern-
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1 ment any information that the panel considers necessary 

2 to carry out its duties. 

3 (2) The Secretary of Defense shall designate at least 

4 one senior civilian employee of the Department of Defense 

5 and at least one general or flag officer of an Armed Force 

6 to serve as liaison between the Department, the Armed 

7 Forces, and the panel. 

8 (e) REPORT.—Not later than one year after the date 

9 of the first meeting of the panel under subsection (b)(4), 

10 the panel shall submit to the Secretary of Defense and 

11 the congressional defense committees a report on the re12 sults of the review and assessment under subsection (c). 

13 The report shall include— 

14 (1) the findings and conclusions of the panel on 

15 the future military space launch requirements of the 

16 United States, including means of meeting such re17 quirements; 

18 (2) the assessment of panel, and any rec19 ommendations of the panel, on— 

20 (A) launch operational concepts and archi21 tectures; 

22 (B) launch technologies; 

23 (C) launch enabling technologies; and 

24 (D) priorities for funding; and 
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1 (3) the assessment of the panel as to the best 

2 means of meeting the future military space launch 

3 requirements of the United States. 

4 (f) TERMINATION.—The panel shall terminate 16 

5 months after the date on which the chairman of the panel 

6 is designated pursuant to subsection (b)(2). 

7 (g) FUNDING.—Amounts authorized to be appro8 priated to the Department of Defense shall be available 

9 to the Secretary of Defense for purposes of the contract 

10 required by subsection (a). 

11 SEC. 1033. OPERATIONALLY RESPONSIVE NATIONAL SECU12 RITY PAYLOADS FOR SPACE SATELLITES. 

13 (a) PLANNING, PROGRAMMING, AND MANAGE14 MENT.—(1) Chapter 135 of title 10, United States Code, 

15 is amended by inserting after section 2273 the following 

16 new section: 

17 ‘‘§ 2273a. Operationally responsive national security 

18 payloads 

19 ‘‘(a) REQUIREMENT FOR PROGRAM ELEMENT.—The 

20 Secretary of Defense shall ensure that operationally re21 sponsive national security payloads of the Department of 

22 Defense for space satellites are planned, programmed, and 

23 budgeted for as a separate, dedicated program element. 

24 ‘‘(b) MANAGEMENT AUTHORITY.—The Secretary of 

25 Defense shall assign management authority for the pro-
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1 gram element required under subsection (a) to the Direc2 tor of the Office of Force Transformation. 

3 ‘‘(c) DEFINITION OF OPERATIONALLY RESPON4 SIVE.—In this section, the term ‘operationally responsive’, 

5 with respect to a national security payload for a space sat6 ellite, means an experimental or operational payload not 

7 in excess of 5,000 pounds that— 

8 ‘‘(1) can be developed and acquired within 18 

9 months after authority to proceed with development 

10 is granted; and 

11 ‘‘(2) is responsive to requirements for capabili12 ties at the operational and tactical levels of war13 fare.’’. 

14 (2) The table of sections at the beginning of such 

15 chapter is amended by inserting after the item relating 

16 to section 2273 the following new item: 

‘‘2273a. Operationally responsive national security payloads.’’. 

17 (b) TIME FOR IMPLEMENTATION.—Section 2273a(a) 

18 of title 10, United States Code, shall apply with respect 

19 to fiscal years beginning after September 30, 2005. 

20 (c) FUNDING.—Of the amount authorized to be ap21 propriated under section 201(4), $25,000,000 shall be 

22 available for research, development, test, and evaluation 

23 of operationally responsive national security payloads for 

24 space satellites. 
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1 SEC. 1034. NONDISCLOSURE OF CERTAIN PRODUCTS OF 

2 COMMERCIAL SATELLITE OPERATIONS. 

3 (a) DISCLOSURE PROHIBITED.—Land remote sens4 ing information may not be disclosed under section 552 

5 of title 5, United States Code. 

6 (b) LAND REMOTE SENSING INFORMATION DE7 FINED.—In this section, the term ‘‘land remote sensing 

8 information’’— 

9 (1) means any data that— 

10 (A) are collected by land remote sensing; 

11 and 

12 (B) are prohibited from sale to customers 

13 other than the United States Government and 

14 its affiliated users under the Land Remote 

15 Sensing Policy Act of 1992 (15 U.S.C. 5601 et 

16 seq.); and 

17 (2) includes any imagery and other product 

18 that is derived from such data. 

19 (c) STATE OR LOCAL GOVERNMENT DISCLOSURES.— 

20 Land remote sensing information provided by the head of 

21 a department or agency of the United States to a State 

22 or local government may not be made available to the gen23 eral public under any State or local law relating to the 

24 disclosure of information or records. 

25 (d) SAFEGUARDING INFORMATION.—The head of 

26 each department or agency of the United States having 
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1 land remote sensing information within that department 

2 or agency or providing such information to a State or local 

3 government shall take such actions, commensurate with 

4 the sensitivity of that information, as are necessary to pro5 tect that information from disclosure prohibited under this 

6 section. 

7 (e) OTHER DEFINITIONS.—In this section, the terms 

8 ‘‘land remote sensing’’ and ‘‘United States Government 

9 and its affiliated users’’ have the meanings given such 

10 terms in section 3 of such Act (15 U.S.C. 5602). 

11 Subtitle E—Defense Against 

12 Terrorism 

13 SEC. 1041. TEMPORARY ACCEPTANCE OF COMMUNICA14 TIONS EQUIPMENT PROVIDED BY LOCAL 

15 PUBLIC SAFETY AGENCIES. 

16 (a) AUTHORITY.—Chapter 155 of title 10, United 

17 States Code, is amended by adding at the end the fol18 lowing new section: 

19 ‘‘§ 2613. Emergency communications equipment: tem20 porary acceptance from local public safe21 ty agencies 

22 ‘‘(a) AUTHORITY FOR TEMPORARY ACCEPTANCE OF

23 EQUIPMENT.—(1) Under regulations prescribed by the 

24 Secretary concerned, the commander of a military installa25 tion may include in a disaster response agreement with 
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1 a local public safety agency a clause that provides for the 

2 commander to accept from the public safety agency for 

3 use during a natural or man-made disaster any commu4 nications equipment that is useful for communicating with 

5 such agency during a joint response by the commander 

6 and such agency to such disaster. 

7 ‘‘(2) The authority under paragraph (1) includes au8 thority to accept services related to the operation and 

9 maintenance of communications equipment accepted 

10 under that paragraph. 

11 ‘‘(3) In the case of a military installation adminis12 tered by an officer or employee of the United States, such 

13 officer or employee may exercise the authority of a com14 mander under this section. 

15 ‘‘(b) CONDITIONS.—Acceptance of communications 

16 equipment and services by a commander from a public 

17 safety agency under subsection (a) is subject to the fol18 lowing conditions: 

19 ‘‘(1) Acceptance of equipment is authorized 

20 only to the extent that communications equipment 

21 under the control of the commander is inadequate to 

22 meet requirements for communicating with that pub23 lic safety agency during a joint response to a dis24 aster. 
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1 ‘‘(2) Acceptance of services for the operation or 

2 maintenance of communications equipment is au3 thorized only to the extent that capabilities under 

4 the control of the commander are inadequate to op5 erate or maintain such equipment. 

6 ‘‘(c) LIABILITY.—(1) An emergency response agree7 ment under this section shall include a clause that— 

8 ‘‘(A) specifies the means for the commander to 

9 pay for use, loss, or damage of equipment, and for 

10 services, accepted under the agreement; or 

11 ‘‘(B) ensures that the United States is not lia12 ble for costs incurred for the acceptance and use of 

13 the equipment or services nor for any loss or damage 

14 of such equipment. 

15 ‘‘(2) No person providing services accepted under an 

16 emergency response agreement may be considered to be 

17 an officer, employee, or agent of the United States for any 

18 purpose. 

19 ‘‘(d) GUIDANCE.—The Secretary of Defense shall 

20 prescribe guidance for the administration of the require21 ments and authority under this section. 

22 ‘‘(e) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘emergency response agreement’ 

24 means a memorandum of agreement or memo25 randum of understanding that provides for mutual 
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1 support by Department of Defense personnel and 

2 local public safety agency personnel in response to a 

3 natural or man-made disaster. 

4 ‘‘(2) The term ‘military installation’ has the 

5 meaning given such term in section 2801(c) of this 

6 title.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by adding 

9 at the end the following new item: 

‘‘2613. Emergency communications equipment: temporary acceptance from local 

public safety agencies.’’. 

10 SEC. 1042. FULL-TIME DEDICATION OF AIRLIFT SUPPORT 

11 FOR HOMELAND DEFENSE OPERATIONS. 

12 (a) DETERMINATION REQUIRED.—(1) The Secretary 

13 of Defense shall determine the feasibility and advisability 

14 of dedicating an airlift capability of the Armed Forces on 

15 a full-time basis to the support of homeland defense oper16 ations, including operations in support of contingent re17 quirements for transporting Weapons of Mass Destruction 

18 Civil Support Teams, Air Force expeditionary medical 

19 teams, and Department of Energy emergency response 

20 teams in response to natural disasters and man-made dis21 asters. 

22 (2) In making the determination under paragraph 

23 (1), the Secretary shall take into consideration the results 

24 of the study required under subsection (b). 
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1 (b) REQUIREMENT FOR STUDY AND PLAN.—(1) The 

2 Secretary of Defense shall conduct a study of the existing 

3 plans and capabilities of the Department of Defense for 

4 meeting contingent requirements for transporting teams 

5 described in subsection (a)(1) in response to natural disas6 ters and man-made disasters. 

7 (2) The Secretary shall prepare a plan for resolving 

8 any deficiencies in the existing plans and capabilities for 

9 meeting the transportation requirements described in 

10 paragraph (1). 

11 (3) The Secretary of Defense shall require the com12 mander of the United States Northern Command and the 

13 commander of the United States Transportation Com14 mand to carry out jointly the study required under para15 graph (1) and to prepare jointly the plan required under 

16 paragraph (2). 

17 (c) REPORT.—Not later than April 1, 2005, the Sec18 retary shall submit to the Committees on Armed Services 

19 of the Senate and the House of Representatives a report 

20 on the results of the study under subsection (b). The re21 port shall include the following matters: 

22 (1) The Secretary’s determination under sub23 section (a). 

24 (2) An assessment and discussion of the ade25 quacy of existing plans and capabilities of the De-
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1 partment of Defense for meeting the transportation 

2 requirements described in subsection (b)(1). 

3 (3) The plan required under subsection (b)(2). 

4 (d) DEFINITION.—In this section, the term ‘‘Weap5 ons of Mass Destruction Civil Support Team’’ has the 

6 meaning given such term in section 305b(e) of title 37, 

7 United States Code. 

8 SEC. 1043. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED 

9 TO CHEMICAL OR BIOLOGICAL CONTAMINA10 TION. 

11 (a) REQUIREMENT FOR IMPLEMENTATION PLAN.— 

12 Not later than 120 days after the date of the enactment 

13 of this Act, the Secretary of Defense shall submit to the 

14 congressional defense committees a plan, for implementa15 tion by the Department of Defense, that sets forth a sys16 tematic approach for ensuring the survivability of defense 

17 critical systems upon contamination of such systems by 

18 chemical or biological agents. 

19 (b) CONTENT.—At a minimum, the plan under sub20 section (a) shall include— 

21 (1) policies for ensuring that the survivability of 

22 defense critical systems in the event of contamina23 tion by chemical or biological agents is adequately 

24 addressed throughout the Department of Defense; 
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1 (2) a systematic process for identifying which 

2 systems are defense critical systems; 

3 (3) specific testing procedures to be used dur4 ing the design and development of new defense crit5 ical systems; and 

6 (4) a centralized database that— 

7 (A) contains comprehensive information on 

8 the effects of chemical and biological agents 

9 and decontaminants on materials used in de10 fense critical systems; and 

11 (B) is easily accessible to personnel who 

12 have duties to ensure the survivability of de13 fense critical systems upon contamination of 

14 such systems by chemical and biological agents. 

15 (c) DEFENSE CRITICAL SYSTEMS DEFINED.—In this 

16 section, the term ‘‘defense critical system’’ means a De17 partment of Defense system that is critical to the national 

18 security of the United States. 
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1 Subtitle F—Matters Relating to 

2 Other Nations 

3 SEC. 1051. HUMANITARIAN ASSISTANCE FOR THE DETEC4 TION AND CLEARANCE OF LANDMINES AND 

5 EXPLOSIVE REMNANTS OF WAR. 

6 (a) RESTATEMENT AND EXPANSION OF AUTHOR7 ITY.—(1) Chapter 20 of title 10, United States Code, is 

8 amended by adding at the end the following new section: 

9 ‘‘§ 406. Humanitarian assistance for the detection and 

10 clearance of landmines and explosive 

11 remnants of war 

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

13 the Secretary of Defense, members of the armed forces 

14 may provide humanitarian assistance for the detection and 

15 clearance of landmines or explosive remnants of war in 

16 a foreign country, including activities relating to the fur17 nishing of education, training, and technical assistance, if 

18 the Secretary determines that the provision of such assist19 ance will promote— 

20 ‘‘(1) the security interests of both the United 

21 States and the country in which such assistance is 

22 to be provided; and 

23 ‘‘(2) the specific operational readiness skills of 

24 the members of the armed forces who provide such 

25 assistance. 
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1 ‘‘(b) LIMITATIONS ON ACTIVITIES OF MEMBERS OF

2 THE ARMED FORCES.—The Secretary shall ensure that 

3 no member of the armed forces, while providing assistance 

4 under this section— 

5 ‘‘(1) engages in the physical detection, lifting or 

6 destroying of landmines or explosive remnants of 

7 war (unless the member does so for the concurrent 

8 purpose of supporting a United States military oper9 ation); or 

10 ‘‘(2) provides such assistance as part of a mili11 tary operation that does not involve the armed 

12 forces. 

13 ‘‘(c) REQUIREMENT FOR APPROVAL OF SECRETARY

14 OF STATE.—Humanitarian assistance for the detection 

15 and clearance of landmines and remnants of war may not 

16 be provided under this section to any foreign country un17 less the Secretary of State specifically approves the provi18 sion of such assistance to such foreign country. 

19 ‘‘(d) AVAILABILITY OF FUNDS FOR CERTAIN EX20 PENSES.—(1) To the extent provided in Acts authorizing 

21 appropriations for military activities of the Department of 

22 Defense, funds authorized to be appropriated to the De23 partment for a fiscal year for humanitarian assistance 

24 shall be available for the purpose of providing assistance 

25 under this section. 
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1 ‘‘(2) Expenses incurred as a direct result of providing 

2 humanitarian assistance under this section to a foreign 

3 country shall be paid out of funds specifically appropriated 

4 for such purpose. 

5 ‘‘(3) Expenses covered by paragraph (2) include the 

6 following: 

7 ‘‘(A) Travel, transportation, and subsistence ex8 penses of Department of Defense personnel pro9 viding humanitarian assistance under this section. 

10 ‘‘(B) The cost of any equipment, services, or 

11 supplies acquired for the purpose of carrying out or 

12 supporting the provision of such assistance, includ13 ing any nonlethal, individual, or small-team land14 mine or explosive remnant of war clearing equipment 

15 or supplies that are to be transferred or otherwise 

16 furnished to a foreign country in furtherance of the 

17 provision of assistance under this section. 

18 ‘‘(4) The cost of equipment, services and supplies 

19 provided in any fiscal year to a foreign country under 

20 paragraph (3)(B) may not exceed $5,000,000.’’. 

21 (2) The table of sections at the beginning of such 

22 chapter is amended by adding at the end the following 

23 new item: 

‘‘406. Humanitarian assistance for the detection and clearance of landmines and 

explosive remnants of war.’’. 
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1 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section 

2 401 of such title is amended— 

3 (1) in subsection (a), by striking paragraph (4); 

4 (2) in subsection (b)— 

5 (A) in paragraph (1), by striking ‘‘(1)’’; 

6 and 

7 (B) by striking paragraph (2); 

8 (3) in subsection (c)— 

9 (A) by striking paragraphs (2) and (3); 

10 and 

11 (B) by redesignating paragraph (4) as 

12 paragraph (2); and 

13 (4) in subsection (e), by striking paragraph (5). 

14 SEC. 1052. USE OF FUNDS FOR UNIFIED COUNTERDRUG 

15 AND COUNTERTERRORISM CAMPAIGN IN CO16 LOMBIA. 

17 (a) AUTHORITY.—(1) In fiscal years 2005 and 2006, 

18 funds available to the Department of Defense to provide 

19 assistance to the Government of Colombia may be used 

20 by the Secretary of Defense to support a unified campaign 

21 by the Government of Colombia against narcotics traf22 ficking and against activities by organizations designated 

23 as terrorist organizations, such as the Revolutionary 

24 Armed Forces of Colombia (FARC), the National Libera-
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1 tion Army (ELN), and the United Self-Defense Forces of 

2 Colombia (AUC). 

3 (2) The authority to provide assistance for a cam4 paign under this subsection includes authority to take ac5 tions to protect human health and welfare in emergency 

6 circumstances, including the undertaking of rescue oper7 ations. 

8 (b) APPLICABILITY OF CERTAIN LAWS AND LIMITA9 TIONS.—The use of funds pursuant to the authority in 

10 subsection (a) shall be subject to the following: 

11 (1) Sections 556, 567, and 568 of the Foreign 

12 Operations, Export Financing, and Related Pro13 grams Appropriations Act, 2002 (Public Law 107– 

14 115; 115 Stat. 2160, 2165, and 2166). 

15 (2) Section 8077 of the Department of Defense 

16 Appropriations Act, 2004 (Public Law 108–87; 117 

17 Stat. 1090). 

18 (c) NUMERICAL LIMITATION ON ASSIGNMENT OF

19 UNITED STATES PERSONNEL.—Notwithstanding section 

20 3204(b) of the Emergency Supplemental Act, 2000 (Divi21 sion B of Public Law 106–246; 114 Stat. 575), as amend22 ed by the Foreign Operations, Export Financing, and Re23 lated Programs Appropriations Act, 2002 (Public Law 

24 107–115; 115 Stat. 2131), the number of United States 

25 personnel assigned to conduct activities in Colombia in 
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1 connection with support of Plan Colombia under sub2 section (a) in fiscal years 2005 and 2006 shall be subject 

3 to the following limitations: 

4 (1) The number of United States military per5 sonnel assigned for temporary or permanent duty in 

6 Colombia in connection with support of Plan Colom7 bia may not exceed 800. 

8 (2) The number of United States individual 

9 citizens retained as contractors in Colombia in con10 nection with support of Plan Colombia who are 

11 funded by Federal funds may not exceed 600. 

12 (d) LIMITATION ON PARTICIPATION OF UNITED

13 STATES PERSONNEL.—No United States Armed Forces 

14 personnel, United States civilian employees, or United 

15 States civilian contractor personnel employed by the 

16 United States may participate in any combat operation in 

17 connection with assistance using funds pursuant to the au18 thority in subsection (a), except for the purpose of acting 

19 in self defense or of rescuing any United States citizen, 

20 including any United States Armed Forces personnel, 

21 United States civilian employee, or civilian contractor em22 ployed by the United States. 

23 (e) RELATION TO OTHER AUTHORITY.—The author24 ity provided by subsection (a) is in addition to any other 
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1 authority in law to provide assistance to the Government 

2 of Colombia. 

3 SEC. 1053. ASSISTANCE TO IRAQ AND AFGHANISTAN MILI4 TARY AND SECURITY FORCES. 

5 (a) AUTHORITY.—Subject to the limitations in sub6 section (c), the Secretary of Defense may provide assist7 ance in fiscal year 2005 to Iraq and Afghanistan military 

8 or security forces solely to enhance their ability to combat 

9 terrorism and support United States or coalition military 

10 operations in Iraq and Afghanistan, respectively. 

11 (b) TYPE OF ASSISTANCE.—Assistance provided 

12 under subsection (a) may include equipment, supplies, 

13 services, and training. 

14 (c) LIMITATIONS.—(1) The Secretary of Defense may 

15 provide assistance under this section only with the concur16 rence of the Secretary of State. 

17 (2) The cost of assistance provided under this section 

18 may be paid only out of funds available to the Department 

19 of Defense for fiscal year 2005 for operation and mainte20 nance and may not exceed $150,000,000. 

21 (d) RELATIONSHIP TO OTHER AUTHORITY.—The au22 thority to provide assistance under this section is in addi23 tion to any other authority to provide assistance to Iraq 

24 and Afghanistan. 
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1 (e) CONGRESSIONAL NOTIFICATION.—Not later than 

2 15 days before providing assistance to a recipient under 

3 this section, the Secretary of Defense shall submit to the 

4 congressional defense committees a notification of the as5 sistance proposed to be provided. 

6 SEC. 1054. ASSIGNMENT OF NATO NAVAL PERSONNEL TO 

7 SUBMARINE SAFETY RESEARCH AND DEVEL8 OPMENT PROGRAMS. 

9 (a) AUTHORITY.—Chapter 631 of title 10, United 

10 States Code, is amended by inserting after the item relat11 ing to section 7205 the following new section: 

12 ‘‘§ 7206. Submarine safety research and development: 

13 acceptance of services of NATO naval 

14 personnel 

15 ‘‘(a) AUTHORITY.—The Secretary of the Navy may, 

16 subject to subsection (e), accept the assignment of one or 

17 more members of the navy of another member country of 

18 the North Atlantic Treaty Organization to a command of 

19 the Navy for work on the development, standardization, 

20 or interoperability of submarine vessel safety and rescue 

21 systems and procedures if the Secretary determines that 

22 doing so would facilitate the development, standardization, 

23 and interoperability of submarine vessel safety and rescue 

24 systems and procedures for the Navy, the navy of that 

25 foreign country, and any other navy involved in that work. 
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1 ‘‘(b) RECIPROCITY NOT REQUIRED.—The authority 

2 under subsection (a) is not an exchange program. Recip3 rocal assignments of members of the Navy to a navy of 

4 a foreign country is not a condition for the exercise of 

5 such authority. 

6 ‘‘(c) PAYMENT OF PERSONNEL COSTS.—(1) The ac7 ceptance of a member of a navy of a foreign country under 

8 this section is subject to the condition that the government 

9 of that country pay the salary, per diem allowance, sub10 sistence costs, travel costs, cost of language or other train11 ing, and other costs for that member in accordance with 

12 the laws and regulations of such country. 

13 ‘‘(2) Paragraph (1) does not apply to the following 

14 costs: 

15 ‘‘(A) The cost of temporary duty directed by 

16 the Secretary of the Navy or an officer of the Navy 

17 authorized to do so. 

18 ‘‘(B) The cost of a training program conducted 

19 to familiarize, orient, or certify foreign naval per20 sonnel regarding unique aspects of their assign21 ments. 

22 ‘‘(C) Any cost incident to the use of the facili23 ties of the Navy in the performance of assigned du24 ties. 
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1 ‘‘(d) RELATIONSHIP TO OTHER AUTHORITY.—The 

2 provisions of this section shall apply to any other authority 

3 that the Secretary of the Navy may exercise, subject to 

4 the concurrence of the Secretary of State, to enter into 

5 an agreement with the government of a foreign country 

6 to provide for the assignment of members of the navy of 

7 that foreign country to a Navy submarine safety program. 

8 The Secretary of the Navy may prescribe regulations for 

9 the application of this section in the exercise of such au10 thority. 

11 ‘‘(e) TERMINATION OF AUTHORITY.—The Secretary 

12 of the Navy may not accept the assignment of a member 

13 of the navy of a foreign country under this section after 

14 September 30, 2008.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by inserting 

17 after the item relating to section 7205 the following new 

18 item: 

‘‘7206. Submarine safety research and development: acceptance of services of 

NATO naval personnel.’’. 

19 Subtitle G—Other Matters 

20 SEC. 1061. TECHNICAL AMENDMENTS RELATING TO DEFI21 NITIONS OF GENERAL APPLICABILITY IN 

22 TITLE 10, UNITED STATES CODE. 

23 (a) CLARIFICATION OF DEFINITION OF ‘‘OPER24 ATIONAL RANGE’’.—Section 101(e)(3) of title 10, United 
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1 States Code, is amended by striking ‘‘Secretary of De2 fense’’ and inserting ‘‘Secretary of a military depart3 ment’’. 

4 (b) AMENDMENTS RELATING TO DEFINITION OF

5 CONGRESSIONAL DEFENSE COMMITTEES.—(1) Section 

6 2215 of title 10, United States Code, is amended— 

7 (A) in subsection (a)— 

8 (i) by striking ‘‘(a) CERTIFICATION RE9 QUIRED.—’’; and 

10 (ii) by striking ‘‘congressional committees 

11 specified in subsection (b)’’ and inserting ‘‘con12 gressional defense committees’’; and 

13 (B) by striking subsection (b). 

14 (2) Section 2515(d) of such title is amended— 

15 (A) by striking ‘‘REPORT.—(1)’’ and inserting 

16 ‘‘REPORT.—’’; 

17 (B) by striking ‘‘congressional committees spec18 ified in paragraph (2)’’ and inserting ‘‘congressional 

19 defense committees’’; and 

20 (C) by striking paragraph (2). 

21 (3) Section 2676(d) of such title is amended by strik22 ing ‘‘appropriate committees of Congress’’ in the first sen23 tence and inserting ‘‘congressional defense committees’’. 
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1 SEC. 1062. TWO-YEAR EXTENSION OF AUTHORITY OF SEC2 RETARY OF DEFENSE TO ENGAGE IN COM3 MERCIAL ACTIVITIES AS SECURITY FOR IN4 TELLIGENCE COLLECTION ACTIVITIES 

5 ABROAD. 

6 Section 431(a) of title 10, United States Code, is 

7 amended by striking ‘‘December 31, 2004’’ and inserting 

8 ‘‘December 31, 2006’’. 

9 SEC. 1063. LIABILITY PROTECTION FOR PERSONS VOLUN10 TARILY PROVIDING MARITIME-RELATED 

11 SERVICES ACCEPTED BY THE NAVY. 

12 Section 1588(d)(1) of title 10, United States Code, 

13 is amended by adding at the end the following new sub14 paragraph: 

15 ‘‘(F) In the case of a person aboard a sailing 

16 vessel of the Navy to engage in the training of Navy 

17 personnel or in a competition involving Navy per18 sonnel, the following provisions of law relating to 

19 claims in admiralty for damages or loss: 

20 ‘‘(i) The Act entitled ‘An Act authorizing 

21 suits against the United States in admiralty, 

22 suits for salvage services, and providing for the 

23 release of merchant vessels belonging to the 

24 United States from arrest and attachment in 

25 foreign jurisdictions, and for other purposes’, 

26 approved March 9, 1920 (commonly known as 
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1 the ‘Suits in Admiralty Act’) (46 U.S.C. App. 

2 741 et seq.). 

3 ‘‘(ii) The Act entitled ‘An Act authorizing 

4 suits against the United States in admiralty for 

5 damage caused by and salvage services rendered 

6 to public vessels belonging to the United States, 

7 and for other purposes’, approved March 3, 

8 1925 (commonly known as the ‘Public Vessels 

9 Act’) (46 U.S.C. App. 781 et seq.).’’. 

10 SEC. 1064. LICENSING OF INTELLECTUAL PROPERTY. 

11 (a) AUTHORITY.—Subchapter II of chapter 134 of 

12 title 10, United States Code, is amended by adding at the 

13 end the following new section: 

14 ‘‘§ 2260. Licensing of intellectual property: retention 

15 of fees 

16 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

17 the Secretary of Defense, the Secretary concerned may li18 cense trademarks, service marks, certification marks, and 

19 collective marks owned or controlled by the Secretary con20 cerned and may retain and expend fees received from such 

21 licensing in accordance with this section. 

22 ‘‘(b) DESIGNATED MARKS.—The Secretary con23 cerned shall designate the trademarks, service marks, cer24 tification marks, and collective marks as to which the Sec-
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1 retary exercises the authority to retain licensing fees 

2 under this section. 

3 ‘‘(c) USE OF FEES.—The Secretary concerned shall 

4 use fees retained under this section for purposes as fol5 lows: 

6 ‘‘(1) For payment of the following costs in7 curred by the Secretary: 

8 ‘‘(A) Costs of securing trademark registra9 tions. 

10 ‘‘(B) Costs of operating the licensing pro11 gram under this section. 

12 ‘‘(2) For morale, welfare, and recreation activi13 ties under the jurisdiction of the Secretary, to the 

14 extent (if any) that the total amount of the licensing 

15 fees available under this section for a fiscal year ex16 ceed the total amount needed for such fiscal year 

17 under paragraph (1). 

18 ‘‘(d) AVAILABILITY.—Fees received in a fiscal year 

19 and retained under this section shall be available for obli20 gations in such fiscal year and the following two fiscal 

21 years. 

22 ‘‘(e) DEFINITIONS.—In this section, the terms ‘trade23 mark’, ‘service mark’, ‘certification mark’, and ‘collective 

24 mark’ have the meanings given such terms in section 45 

25 of the Act entitled ‘An Act to provide for the registration 
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1 and protection of trademarks used in commerce, to carry 

2 out the provisions of certain international conventions, 

3 and for other purposes’, approved July 5, 1946 (commonly 

4 referred to as the ‘Trademark Act of 1946’) (15 U.S.C. 

5 1127).’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of such subchapter is amended by adding 

8 at the end the following new item: 

‘‘2260. Licensing of intellectual property: retention of fees.’’. 

9 SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRA10 TION PROJECT. 

11 Section 1604(a) of the National Defense Authoriza12 tion Act for Fiscal Year 2002 (Public Law 107–107; 115 

13 Stat. 1277; 42 U.S.C. 1973ff note) is amended— 

14 (1) in paragraph (1), by striking ‘‘2002’’ and 

15 inserting ‘‘2006’’; and 

16 (2) in paragraph (2)— 

17 (A) by striking ‘‘2002’’ and inserting 

18 ‘‘2006’’; and 

19 (B) by striking ‘‘2004’’ and inserting 

20 ‘‘2008’’. 

21 SEC. 1066. WAR RISK INSURANCE FOR MERCHANT MARINE 

22 VESSELS. 

23 (a) EXTENSION OF AUTHORITY.—Section 1214 of 

24 the Merchant Marine Act, 1936 (46 U.S.C. App. 1294) 
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1 is amended by striking ‘‘June 30, 2005’’ and inserting 

2 ‘‘December 31, 2008’’. 

3 (b) INVESTMENT OF FUNDS EXCESS TO SHORT4 TERM NEEDS.—Section 1208 of such Act (46 U.S.C. App. 

5 1288) is amended— 

6 (1) by redesignating subsection (b) as sub7 section (c); and 

8 (2) in subsection (a), by striking ‘‘Upon the re9 quest of the Secretary of Transportation,’’ and all 

10 that follows and inserting the following: 

11 ‘‘(b)(1) The Secretary of Transportation may request 

12 the Secretary of the Treasury to invest such portion of 

13 the insurance fund under subsection (a) as is not, in the 

14 judgment of the Secretary of Transportation, required to 

15 meet the current needs of the fund. The Secretary of the 

16 Treasury may make the requested investments. 

17 ‘‘(2) Investments under paragraph (1) shall be made 

18 in public debt securities of the United States that— 

19 ‘‘(A) mature at times suitable to the needs of 

20 the insurance fund; and 

21 ‘‘(B) bear interest rates determined by the Sec22 retary of the Treasury, taking into consideration 

23 current market yields on outstanding marketable ob24 ligations of the United States of comparable matu25 rity. 
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1 ‘‘(3) The interest and benefits accruing from securi2 ties under this subsection shall be deposited to the credit 

3 of the insurance fund.’’. 

4 SEC. 1067. REPEAL OF QUARTERLY REPORTING REQUIRE5 MENT CONCERNING PAYMENTS FOR DIS6 TRICT OF COLUMBIA WATER AND SEWER 

7 SERVICES AND ESTABLISHMENT OF ANNUAL 

8 REPORT BY TREASURY. 

9 (a) WATER AND WATER SERVICE SUPPLIED FOR

10 THE USE OF THE GOVERNMENT OF THE UNITED

11 STATES.—Section 106(b)(5) of the District of Columbia 

12 Public Works Act of 1954 (sec. 34–2401.25(b), D.C. Offi13 cial Code), as amended by section 401 of the Miscella14 neous Appropriations Act, 2001 (as enacted by reference 

15 in section 1(a)(4) of the Consolidated Appropriations Act, 

16 2001), is amended to read as follows: 

17 ‘‘(5) Not later than the 15th day of the month fol18 lowing the beginning of the fiscal year (beginning with fis19 cal year 2005), the Secretary of the Treasury with respect 

20 to each Federal department, establishment, or agency re21 ceiving water services from the District of Columbia shall 

22 submit a report to the Committee on Government Reform 

23 of the House of Representatives, the Committee on Gov24 ernmental Affairs of the Senate, and the Committees on 

25 Appropriations of the House of Representatives and Sen-
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1 ate analyzing the promptness of payment with respect to 

2 the services furnished to such department, establishment, 

3 or agency.’’. 

4 (b) SANITARY SEWER SERVICE CHARGES FOR

5 UNITED STATES GOVERNMENT.—Section 212(b)(5) of 

6 the District of Columbia Public Works Act of 1954 (sec. 

7 34–2112(b), D.C. Official Code), as amended by section 

8 401 of the Miscellaneous Appropriations Act, 2001 (as en9 acted by reference in section 1(a)(4) of the Consolidated 

10 Appropriations Act, 2001), is amended to read as follows: 

11 ‘‘(5) Not later than the 15th day of the month fol12 lowing the beginning of the fiscal year (beginning with fis13 cal year 2005), the Secretary of the Treasury with respect 

14 to each Federal department, establishment, or agency re15 ceiving sanitary sewer services from the District of Colum16 bia shall submit a report to the Committee on Government 

17 Reform of the House of Representatives, the Committee 

18 on Governmental Affairs of the Senate, and the Commit19 tees on Appropriations of the House of Representatives 

20 and Senate analyzing the promptness of payment with re21 spect to the services furnished to such department, estab22 lishment, or agency.’’. 
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1 TITLE XI—DEPARTMENT OF DE2 FENSE CIVILIAN PERSONNEL 

3 POLICY 

4 SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR 

5 TRANSFORMATION (SMART) DEFENSE SCHOL6 ARSHIP PILOT PROGRAM. 

7 (a) REQUIREMENT FOR PROGRAM.—(1) The Sec8 retary of Defense shall carry out a pilot program to pro9 vide financial assistance for education in science, mathe10 matics, engineering, and technology skills and disciplines 

11 that, as determined by the Secretary, are critical to the 

12 national security functions of the Department of Defense 

13 and are needed in the Department of Defense workforce. 

14 (2) The pilot program under this section shall be car15 ried out for three years beginning on October 1, 2004. 

16 (b) SCHOLARSHIPS.—(1) Under the pilot program, 

17 the Secretary of Defense may award a scholarship in ac18 cordance with this section to a person who— 

19 (A) is a citizen of the United States; 

20 (B) is pursuing an undergraduate or advanced 

21 degree in a critical skill or discipline described in 

22 subsection (a) at an institution of higher education; 

23 and 

24 (C) enters into a service agreement with the 

25 Secretary of Defense as described in subsection (c). 
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1 (2) The amount of the financial assistance provided 

2 under a scholarship awarded to a person under this sub3 section shall be the amount determined by the Secretary 

4 of Defense as being necessary to pay all educational ex5 penses incurred by that person, including tuition, fees, 

6 cost of books, laboratory expenses, and expenses of room 

7 and board. The expenses paid, however, shall be limited 

8 to those educational expenses normally incurred by stu9 dents at the institution of higher education involved. 

10 (c) SERVICE AGREEMENT FOR RECIPIENTS OF AS11 SISTANCE.—(1) To receive financial assistance under this 

12 section— 

13 (A) in the case of an employee of the Depart14 ment of Defense, the employee shall enter into a 

15 written agreement to continue in the employment of 

16 the department for the period of obligated service 

17 determined under paragraph (2); and 

18 (B) in the case of a person not an employee of 

19 the Department of Defense, the person shall enter 

20 into a written agreement to accept and continue em21 ployment in the Department of Defense for the pe22 riod of obligated service determined under paragraph 

23 (2). 

24 (2) For the purposes of this subsection, the period 

25 of obligated service for a recipient of a scholarship under 
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1 this section shall be the period determined by the Sec2 retary of Defense as being appropriate to obtain adequate 

3 service in exchange for the financial assistance provided 

4 under the scholarship. In no event may the period of serv5 ice required of a recipient be less than the total period 

6 of pursuit of a degree that is covered by the scholarship. 

7 The period of obligated service is in addition to any other 

8 period for which the recipient is obligated to serve in the 

9 civil service of the United States. 

10 (3) An agreement entered into under this subsection 

11 by a person pursuing an academic degree shall include any 

12 terms and conditions that the Secretary of Defense deter13 mines necessary to protect the interests of the United 

14 States or otherwise appropriate for carrying out this sec15 tion. 

16 (d) REFUND FOR PERIOD OF UNSERVED OBLIGATED

17 SERVICE.—(1) A person who voluntarily terminates serv18 ice before the end of the period of obligated service re19 quired under an agreement entered into under subsection 

20 (c) shall refund to the United States an amount deter21 mined by the Secretary of Defense as being appropriate 

22 to obtain adequate service in exchange for financial assist23 ance. 
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1 (2) An obligation to reimburse the United States im2 posed under paragraph (1) is for all purposes a debt owed 

3 to the United States. 

4 (3) The Secretary of Defense may waive, in whole or 

5 in part, a refund required under paragraph (1) if the Sec6 retary determines that recovery would be against equity 

7 and good conscience or would be contrary to the best inter8 ests of the United States. 

9 (4) A discharge in bankruptcy under title 11, United 

10 States Code, that is entered less than five years after the 

11 termination of an agreement under this section does not 

12 discharge the person signing such agreement from a debt 

13 arising under such agreement or under this subsection. 

14 (e) RELATIONSHIP TO OTHER PROGRAMS.—The pilot 

15 program under this section is in addition to the authorities 

16 provided in chapter 111 of title 10, United States Code. 

17 The Secretary of Defense shall coordinate the provision 

18 of financial assistance under the authority of this section 

19 with the provision of financial assistance under the au20 thorities provided in such chapter in order to maximize 

21 the benefits derived by the Department of Defense from 

22 the exercise of all such authorities. 

23 (f) RECOMMENDATION ON PILOT PROGRAM.—Not 

24 later than February 1, 2007, the Secretary of Defense 

25 shall submit to the Committees on Armed Services of the 
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1 Senate and the House of Representatives a plan for ex2 panding and improving the national defense science and 

3 engineering workforce educational assistance pilot pro4 gram carried out under this section as appropriate to im5 prove recruitment and retention to meet the requirements 

6 of the Department of Defense for its science and engineer7 ing workforce on a short-term basis and on a long-term 

8 basis. 

9 (g) INSTITUTION OF HIGHER EDUCATION DE10 FINED.—In this section, the term ‘‘institution of higher 

11 education’’ has the meaning given such term in section 

12 101 of the Higher Education Act of 1965 (21 U.S.C. 

13 1001). 

14 SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY. 

15 (a) ELIGIBILITY FOR SERVICE NOT RELATED TO

16 CONTINGENCY OPERATIONS.—Section 1596a(a)(2) of 

17 title 10, United States Code, is amended by striking ‘‘dur18 ing a contingency operation supported by the armed 

19 forces’’. 

20 (b) EFFECTIVE DATE AND APPLICABILITY.—The 

21 amendment by this section shall take effect on October 

22 1, 2004, and shall apply with respect to months beginning 

23 on or after such date. 
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1 SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY 

2 FOR CIVILIAN INTELLIGENCE PERSONNEL. 

3 (a) PAY RATES.—Section 1602(a) of title 10, United 

4 States Code, is amended by striking ‘‘in relation to the 

5 rates of pay provided in subpart D of part III of title 5 

6 for positions subject to that subpart which have cor7 responding levels of duties and responsibilities’’ and in8 serting ‘‘in relation to the rates of pay provided for com9 parable positions in the Department of Defense, including 

10 Senior Executive Service positions (as defined in section 

11 3132 of title 5) or other senior level positions’’. 

12 (b) PERFORMANCE APPRAISAL SYSTEM.—Section 

13 1606 of such title is amended by adding at the end the 

14 following new subsection: 

15 ‘‘(d) PERFORMANCE APPRAISALS.—(1) The Defense 

16 Intelligence Senior Executive Service shall be subject to 

17 a performance appraisal system which, as designed and 

18 applied, is certified by the Secretary of Defense under sec19 tion 5307 of title 5 as making meaningful distinctions 

20 based on relative performance. 

21 ‘‘(2) The performance appraisal system applicable to 

22 the Defense Intelligence Senior Executive Service under 

23 paragraph (1) may be the same performance appraisal 

24 system that is established and implemented within the De25 partment of Defense for members of the Senior Executive 

26 Service.’’. 
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1 SEC. 1104. ACCUMULATION OF ANNUAL LEAVE BY INTEL2 LIGENCE SENIOR LEVEL EMPLOYEES. 

3 Section 6304(f)(1) of title 5, United States Code, is 

4 amended— 

5 (1) in the matter preceding subparagraph (A), 

6 by striking ‘‘in a position’’; 

7 (2) in subparagraphs (A), (B), (C), (D), and 

8 (E), by inserting ‘‘a position in’’ before ‘‘the’’; 

9 (3) by striking ‘‘or’’ at the end of subparagraph 

10 (D); 

11 (4) by striking the period at the end of sub12 paragraph (E) and inserting ‘‘; or’’; and 

13 (5) by adding at the end the following new sub14 paragraph: 

15 ‘‘(F) a position designated as an Intelligence 

16 Senior Level position under section 1607(a) of title 

17 10.’’. 

18 SEC. 1105. PAY PARITY FOR SENIOR EXECUTIVES IN DE19 FENSE NONAPPROPRIATED FUND INSTRU20 MENTALITIES. 

21 (a) AUTHORITY.—Chapter 81 of title 10, United 

22 States Code, is amended by inserting after section 1587 

23 the following new section: 
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1 ‘‘§ 1587a. Employees of nonappropriated fund instru2 mentalities: senior executive pay levels 

3 ‘‘(a) AUTHORITY.—To achieve the objective stated in 

4 subsection (b), the Secretary of Defense may regulate the 

5 amount of total compensation that is provided for senior 

6 executives of nonappropriated fund instrumentalities who, 

7 for the fixing of pay by administrative action, are under 

8 the jurisdiction of the Secretary of Defense or the Sec9 retary of a military department. 

10 ‘‘(b) PAY PARITY.—The objective of an action taken 

11 with respect to the compensation of a senior executive 

12 under subsection (a) is to provide for parity between the 

13 total compensation provided for such senior executive and 

14 total compensation that is provided for Department of De15 fense employees in Senior Executive Service positions or 

16 other senior executive positions. 

17 ‘‘(c) STANDARDS OF COMPARABILITY.—Subject to 

18 subsection (d), the Secretary of Defense shall prescribe the 

19 standards of comparison that are to apply in the making 

20 of the determinations necessary to achieve the objective 

21 stated in subsection (b). 

22 ‘‘(d) ESTABLISHMENT OF PAY RATES.—The Sec23 retary of Defense shall apply subsections (a) and (b) of 

24 section 5382 of title 5 in the regulation of compensation 

25 under this section. 
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1 ‘‘(e) RELATIONSHIP TO PAY LIMITATION.—The Sec2 retary of Defense may exercise the authority provided in 

3 subsection (a) without regard to section 5373 of title 5. 

4 ‘‘(f) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘compensation’ includes rate of 

6 basic pay. 

7 ‘‘(2) The term ‘Senior Executive Service posi8 tion’ has the meaning given such term in section 

9 3132 of title 5.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of such chapter is amended by inserting 

12 after the item relating to section 1587 the following new 

13 item: 

‘‘1587a. Employees of nonappropriated fund instrumentalities: senior executive 

pay levels.’’. 

14 SEC. 1106. HEALTH BENEFITS PROGRAM FOR EMPLOYEES 

15 OF NONAPPROPRIATED FUND INSTRUMEN16 TALITIES. 

17 (a) ESTABLISHMENT.—(1) Chapter 81 of title 10, 

18 United States Code, as amended by section 1105(a), is 

19 further amended by inserting after section 1587a the fol20 lowing new section: 

21 ‘‘§ 1587b. Employees of nonappropriated fund instru22 mentalities: health benefits program 

23 ‘‘(a) PROGRAM REQUIRED.—The Secretary of De24 fense shall provide a uniform health benefits program for 
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1 employees of the Department of Defense assigned to a 

2 nonappropriated fund instrumentality of the United 

3 States. 

4 ‘‘(b) EXEMPTION FROM STATE AND LOCAL LAWS, 

5 TAXES, AND OTHER REQUIREMENTS.—The exemption in 

6 section 8909(f) of title 5 shall apply to the program under 

7 subsection (a) and to a carrier, underwriting contractor, 

8 and plan administration contractor under such program 

9 in the same manner and to the same extent as such ex10 emption applies under section 8909(f) of such title to an 

11 approved health benefits plan under chapter 89 of such 

12 title and a carrier, underwriting subcontractor, and plan 

13 administration subcontractor, respectively, of such a 

14 plan.’’. 

15 (2) The table of sections at the beginning of such 

16 chapter, as amended by section 1105(b), is further amend17 ed by inserting after the item relating to section 1587a 

18 the following new item: 

‘‘1587b. Employees of nonappropriated fund instrumentalities: health benefits 

program.’’. 

19 (b) REPEAL OF SUPERSEDED LAW.—Section 349 of 

20 the National Defense Authorization Act for Fiscal Year 

21 1995 (Public Law 103–337; 108 Stat. 2727; 10 U.S.C. 

22 1587 note) is repealed. 
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1 TITLE XII—COOPERATIVE 

2 THREAT REDUCTION WITH 

3 STATES OF THE FORMER SO4 VIET UNION 

5 SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS AND FUNDS. 

7 (a) SPECIFICATION OF CTR PROGRAMS.—For pur8 poses of section 301 and other provisions of this Act, Co9 operative Threat Reduction programs are the programs 

10 specified in section 1501(b) of the National Defense Au11 thorization Act for Fiscal Year 1997 (Public Law 104– 

12 201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

13 (b) FISCAL YEAR 2005 COOPERATIVE THREAT RE14 DUCTION FUNDS DEFINED.—As used in this title, the 

15 term ‘‘fiscal year 2005 Cooperative Threat Reduction 

16 funds’’ means the funds appropriated pursuant to the au17 thorization of appropriations in section 301 for Coopera18 tive Threat Reduction programs. 

19 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

20 pursuant to the authorization of appropriations in section 

21 301 for Cooperative Threat Reduction programs shall be 

22 available for obligation for three fiscal years. 

23 SEC. 1202. FUNDING ALLOCATIONS. 

24 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

25 $409,200,000 authorized to be appropriated to the De-
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1 partment of Defense for fiscal year 2005 in section 

2 301(19) for Cooperative Threat Reduction programs, the 

3 following amounts may be obligated for the purposes spec4 ified: 

5 (1) For strategic offensive arms elimination in 

6 Russia, $58,522,000. 

7 (2) For nuclear weapons storage security in 

8 Russia, $48,672,000. 

9 (3) For nuclear weapons transportation security 

10 in Russia, $26,300,000. 

11 (4) For weapons of mass destruction prolifera12 tion prevention in the states of the former Soviet 

13 Union, $40,030,000. 

14 (5) For chemical weapons destruction in Rus15 sia, $158,400,000. 

16 (6) For biological weapons proliferation preven17 tion in the former Soviet Union, $54,959,000. 

18 (7) For defense and military contacts, 

19 $8,000,000. 

20 (8) For activities designated as Other Assess21 ments/Administrative Support, $14,317,000. 

22 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

23 FUNDS FOR OTHER PURPOSES.—No fiscal year 2005 Co24 operative Threat Reduction funds may be obligated or ex25 pended for a purpose other than a purpose listed in para-
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1 graphs (1) through (8) of subsection (a) until 30 days 

2 after the date that the Secretary of Defense submits to 

3 Congress a report on the purpose for which the funds will 

4 be obligated or expended and the amount of funds to be 

5 obligated or expended. Nothing in the preceding sentence 

6 shall be construed as authorizing the obligation or expend7 iture of fiscal year 2005 Cooperative Threat Reduction 

8 funds for a purpose for which the obligation or expendi9 ture of such funds is specifically prohibited under this title 

10 or any other provision of law. 

11 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

12 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 

13 case in which the Secretary of Defense determines that 

14 it is necessary to do so in the national interest, the Sec15 retary may obligate amounts appropriated for fiscal year 

16 2005 for a purpose listed in any of the paragraphs in sub17 section (a) in excess of the specific amount authorized for 

18 that purpose. 

19 (2) An obligation of funds for a purpose stated in 

20 any of the paragraphs in subsection (a) in excess of the 

21 specific amount authorized for such purpose may be made 

22 using the authority provided in paragraph (1) only after— 

23 (A) the Secretary submits to Congress notifica24 tion of the intent to do so together with a complete 

25 discussion of the justification for doing so; and 
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1 (B) 15 days have elapsed following the date of 

2 the notification. 

3 (3) The Secretary may not, under the authority pro4 vided in paragraph (1), obligate amounts for a purpose 

5 stated in any of paragraphs (5) through (8) of subsection 

6 (a) in excess of 125 percent of the specific amount author7 ized for such purpose. 

8 SEC. 1203. MODIFICATION AND WAIVER OF LIMITATION ON 

9 USE OF FUNDS FOR CHEMICAL WEAPONS DE10 STRUCTION FACILITIES IN RUSSIA. 

11 (a) MODIFICATION OF LIMITATION.—Section 1305 of 

12 the National Defense Authorization Act for Fiscal Year 

13 2000 (22 U.S.C. 5952 note) is amended by striking ‘‘or 

14 expended’’. 

15 (b) WAIVER AUTHORITY.—The conditions described 

16 in section 1305 of the National Defense Authorization Act 

17 for Fiscal Year 2000, as amended by subsection (a), shall 

18 not apply to the obligation of funds during a fiscal year 

19 for the planning, design, or construction of a chemical 

20 weapons destruction facility in Russia if the President 

21 submits to Congress a written certification with respect 

22 to such fiscal year that includes— 

23 (1) a statement as to why the waiver of the 

24 conditions during the fiscal year covered by such 
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1 certification is consistent with the national security 

2 interests of the United States; and 

3 (2) a plan to promote a full and accurate disclo4 sure by Russia regarding the size, content, status, 

5 and location of its chemical weapons stockpile. 

6 SEC. 1204. INCLUSION OF DESCRIPTIVE SUMMARIES IN AN7 NUAL COOPERATIVE THREAT REDUCTION 

8 REPORTS AND BUDGET JUSTIFICATION MA9 TERIALS. 

10 Section 1307 of the Strom Thurmond National De11 fense Authorization Act for Fiscal Year 1999 (Public Law 

12 105–261; 112 Stat. 2165; 22 U.S.C. 5952 note) is amend13 ed— 

14 (1) in subsection (a), by striking ‘‘as part of the 

15 Secretary’s annual budget request to Congress’’ in 

16 the matter preceding paragraph (1) and inserting 

17 ‘‘in the materials and manner specified in subsection 

18 (c)’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(c) INCLUSION IN CERTAIN MATERIALS SUBMITTED

22 TO CONGRESS.—The summary required to be submitted 

23 to Congress in a fiscal year under subsection (a) shall be 

24 set forth by project category, and by amounts specified 
292 

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1 in paragraphs (1) and (2) of that subsection in connection 

2 with such project category, in each of the following: 

3 ‘‘(1) The annual report on activities and assist4 ance under Cooperative Threat Reduction programs 

5 required in such fiscal year under section 1308 of 

6 the Floyd D. Spence National Defense Authorization 

7 Act for Fiscal Year 2001 (as enacted into law by 

8 Public Law 106–398). 

9 ‘‘(2) The budget justification materials sub10 mitted to Congress in support of the Department of 

11 Defense budget for the fiscal year succeeding such 

12 fiscal year (as submitted with the budget of the 

13 President under section 1105(a) of title 31, United 

14 States Code).’’. 

Calendar No. 504 

108TH CONGRESS 

2D SESSION S. 2401 

A BILL 

To authorize appropriations for fiscal year 2005 for 

poses. year for the Armed Forces, and for other purto prescribe personnel strengths for such fiscal military activities of the Department of Defense, 

MAY 11, 2004 

Read twice and placed on the calendar