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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2401 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                S. 2401

_______________________________________________________________________

                                 AN ACT

 
     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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Defense Authorization 
Act for Fiscal Year 2005''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; 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. Up-armored high mobility multi-purpose wheeled vehicles or 
                            wheeled vehicle ballistic add-on armor 
                            protection.
Sec. 113. Command-and-control vehicles or field artillery ammunition 
                            support vehicles.
                       Subtitle C--Navy Programs

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

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

Sec. 141. Report on options for acquisition of precision-guided 
                            munitions.
Sec. 142. Report on maturity and effectiveness of the Global 
                            Information Grid Bandwidth Expansion (GIG-
                            BE) Network.
          TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
    Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Sec. 304. Amount for one source military counseling and referral 
                            hotline.
    Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

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

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

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

                       Subtitle A--Active Forces

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

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

Sec. 421. Authorization of appropriations for military personnel.
Sec. 422. Armed Forces Retirement Home.
                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Joint Officer Personnel Management

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

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

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

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

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

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

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

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

                     Subtitle A--Pay and Allowances

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

Sec. 611. One-year extension of certain bonus and special pay 
                            authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
                            authorities for certain health care 
                            professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
                            nuclear officers.
Sec. 614. One-year extension of other bonus and special pay 
                            authorities.
Sec. 615. Reduced service obligation for nurses receiving nurse 
                            accession bonus.
Sec. 616. Assignment incentive pay.
Sec. 617. Permanent increase in authorized amount of hostile fire and 
                            imminent danger special pay.
Sec. 618. Eligibility of enlisted members to qualify for critical 
                            skills retention bonus while serving on 
                            indefinite reenlistment.
Sec. 619. Clarification of educational pursuits qualifying for Selected 
                            Reserve Education Loan Repayment Program 
                            for health professions officers.
Sec. 620. Bonus for certain initial service of commissioned officers in 
                            the Selected Reserve.
Sec. 621. Relationship between eligibility to receive supplemental 
                            subsistence allowance and eligibility to 
                            receive imminent danger pay, family 
                            separation allowance, and certain Federal 
                            assistance.
            Subtitle C--Travel and Transportation Allowances

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

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

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

               Subtitle A--Enhanced Benefits for Reserves

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

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

             Subtitle A--Acquisition Policy and Management

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

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

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

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

Sec. 841. Limitation and reinvestment authority relating to reduction 
                            of the defense acquisition and support 
                            workforce.
Sec. 842. Defense acquisition workforce improvements.
                Subtitle F--Public-Private Competitions

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

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

                     Subtitle A--Reserve Components

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

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

                     Subtitle A--Financial Matters

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

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

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

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

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

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

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

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

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

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

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

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

SEC. 102. NAVY AND MARINE CORPS.

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

SEC. 103. AIR FORCE.

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

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

                       Subtitle B--Army Programs

SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM.

    (a) Limitation.--Of the funds authorized to be appropriated under 
section 101(1) for the procurement of light utility helicopters, 
$45,000,000 may not be obligated or expended until 30 days after the 
date on which the Secretary of the Army submits to the congressional 
defense committees a report that contains--
            (1) the Secretary's certification that all required 
        documentation for the acquisition of light utility helicopters 
        has been completed and approved; and
            (2) the Army aviation modernization plan required by 
        subsection (b).
    (b) Army Aviation Modernization Plan.--(1) Not later than March 1, 
2005, the Secretary of the Army shall submit to the congressional 
defense committees an updated modernization plan for Army aviation.
    (2) The updated Army aviation modernization plan shall contain, at 
a minimum, the following matters:
            (A) The analysis on which the plan is based.
            (B) A discussion of the Secretary's decision to terminate 
        the Comanche helicopter program and to restructure the aviation 
        force of the Army.
            (C) The actions taken or to be taken to accelerate the 
        procurement and development of aircraft survivability equipment 
        for Army aircraft, together with a detailed list of aircraft 
        survivability equipment that specifies such equipment by 
        platform and by the related programmatic funding for 
        procurement.
            (D) A discussion of the conversion of Apache helicopters to 
        block III configuration, including the rationale for converting 
        only 501 Apache helicopters to that configuration and the costs 
        associated with a conversion of all Apache helicopters to the 
        block III configuration.
            (E) A discussion of the procurement of light armed 
        reconnaissance helicopters, including the rationale for the 
        requirement for light armed reconnaissance helicopters and a 
        discussion of the costs associated with upgrading the light 
        armed reconnaissance helicopter to meet Army requirements.
            (F) The rationale for the Army's requirement for light 
        utility helicopters, together with a summary and copy of the 
        analysis of the alternative means for meeting such requirement 
        that the Secretary considered in the determination to procure 
        light utility helicopters, including, at a minimum, the 
        analysis of the alternative of using light armed reconnaissance 
        helicopters and UH-60 Black Hawk helicopters instead of light 
        utility helicopters to meet such requirement.
            (G) The rationale for the procurement of cargo fixed-wing 
        aircraft.
            (H) The rationale for the initiation of a joint multi-role 
        helicopter program.
            (I) A description of the operational employment of the 
        Army's restructured aviation force.

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

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

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

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

                       Subtitle C--Navy Programs

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

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

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

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

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

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

                     Subtitle D--Air Force Programs

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

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

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

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

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

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

                       Subtitle E--Other Matters

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

    (a) Requirement for Report.--Not later than March 1, 2005, the 
Secretary of Defense shall submit a report on options for the 
acquisition of precision-guided munitions to the congressional defense 
committees.
    (b) Content of Report.--The report shall include the following 
matters:
            (1) A list of the precision-guided munitions in the 
        inventory of the Department of Defense.
            (2) For each such munition--
                    (A) the inventory level as of the most recent date 
                that it is feasible to specify when the report is 
                prepared;
                    (B) the inventory objective that is necessary to 
                execute the current National Military Strategy 
                prescribed by the Chairman of the Joint Chiefs of 
                Staff;
                    (C) the year in which that inventory objective 
                would be expected to be achieved--
                            (i) if the munition were procured at the 
                        minimum sustained production rate;
                            (ii) if the munition were procured at the 
                        most economic production rate; and
                            (iii) if the munition were procured at the 
                        maximum production rate; and
                    (D) the procurement cost (in constant fiscal year 
                2004 dollars) at each of the production rates specified 
                in subparagraph (C).

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

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

          TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

              Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE.

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

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

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

SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.

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

SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.

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

SEC. 216. JOINT EXPERIMENTATION.

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

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

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

SEC. 218. NEUROTOXIN MITIGATION RESEARCH.

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

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

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

SEC. 220. ADVANCED FERRITE ANTENNA.

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

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

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

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

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

                 Subtitle C--Ballistic Missile Defense

SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

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

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

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

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

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

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

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

                       Subtitle D--Other Matters

SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY INSERTION.

    (a) Report Required.--(1) For each of fiscal years 2006, 2007, 
2008, and 2009, the Secretary of Defense shall submit to the 
congressional defense committees a report on the submarine technologies 
that are available or potentially available for insertion in submarines 
of the Navy to reduce the production and operating costs of the 
submarines while maintaining or improving the effectiveness of the 
submarines.
    (2) The annual report for a fiscal year under paragraph (1) shall 
be submitted at the same time that the President submits to Congress 
the budget for that fiscal year under section 1105(a) of title 31, 
United States Code.
    (b) Content.--The report on submarine technologies under subsection 
(a) shall include, for each class of submarines of the Navy, the 
following matters:
            (1) A list of the technologies that have been demonstrated, 
        together with--
                    (A) a plan for the insertion of any such 
                technologies that have been determined appropriate for 
                such submarines; and
                    (B) the estimated cost of such technology 
                insertions.
            (2) A list of the technologies that have not been 
        demonstrated, together with a plan for the demonstration of any 
        such technologies that have the potential for being appropriate 
        for such submarines.

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

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

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

SEC. 302. WORKING CAPITAL FUNDS.

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

SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

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

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

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 311. COMMANDER'S EMERGENCY RESPONSE PROGRAM.

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

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

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

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

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

                  Subtitle C--Environmental Provisions

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

    (a) Payment for Activities at Former Defense Property Subject to 
Covenant for Additional Remedial Action.--Section 2701(d) of title 10, 
United States Code, is amended--
            (1) in paragraph (1), by striking ``paragraph (3)'' and 
        inserting ``paragraph (4)'';
            (2) by redesignating paragraphs (2), (3), and (4), as 
        paragraphs (3), (4), and (5), respectively; and
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) Activities at certain former defense property.--In 
        addition to agreements under paragraph (1), the Secretary may 
        also enter into agreements with owners of property subject to a 
        covenant provided by the United States under section 
        120(h)(3)(A)(ii) of CERCLA (42 U.S.C. 9620(h)(3)(A)(ii)) to 
        reimburse the owners of such property for activities under this 
        section with respect to such property by reason of the 
        covenant.''.
    (b) Source of Funds for Former BRAC Property Subject to Covenant 
for Additional Remedial Action.--Section 2703 of such title is 
amended--
            (1) in subsection (g)(1), by striking ``The sole source'' 
        and inserting ``Except as provided in subsection (h), the sole 
        source''; and
            (2) by adding at the end the following new subsection:
    ``(h) Sole Source of Funds for Environmental Remediation at Certain 
Base Realignment and Closure Sites.--In the case of property disposed 
of pursuant to a base closure law and subject to a covenant described 
in section 2701(d)(2) of this title, the sole source of funds for 
activities under such section shall be the base closure account 
established under the applicable base closure law.''.

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

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

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

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

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

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

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

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

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

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

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

    (a) Findings.--The Senate makes the following findings:
            (1) Because finite water sources in the United States are 
        stretched by regional drought conditions and increasing demand 
        for water supplies, there is increased need for safe and 
        dependable supplies of fresh water for drinking and use for 
        agricultural purposes.
            (2) Perchlorate, a naturally occurring and manmade compound 
        with medical, commercial, and national defense applications, 
        which has been used primarily in military munitions and rocket 
        fuels, has been detected in fresh water sources intended for 
        use as drinking water and water necessary for the production of 
        agricultural commodities.
            (3) If ingested in sufficient concentration and in adequate 
        duration, perchlorate may interfere with thyroid metabolism, 
        and this effect may impair the normal development of the brain 
        in fetuses and newborns.
            (4) The Federal Government has not yet established a 
        drinking water standard for perchlorate.
            (5) The National Academy of Sciences is conducting an 
        assessment of the state of the science regarding the effects on 
        human health of perchlorate ingestion that will aid in 
        understanding the effect of perchlorate exposure on sensitive 
        populations.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) perchlorate has been identified as a contaminant of 
        drinking water sources or in the environment in 34 States and 
        has been used or manufactured in 44 States;
            (2) perchlorate exposure at or above a certain level may 
        adversely affect public health, particularly the health of 
        vulnerable and sensitive populations; and
            (3) the Department of Defense should--
                    (A) work to develop a national plan to remediate 
                perchlorate contamination of the environment resulting 
                from Department's activities to ensure the Department 
                is prepared to respond quickly and appropriately once a 
                drinking water standard is established;
                    (B) in cases in which the Department is already 
                remediating perchlorate contamination, continue that 
                remediation;
                    (C) prior to the development of a drinking water 
                standard for perchlorate, develop a plan to remediate 
                perchlorate contamination in cases in which such 
                contamination from the Department's activities is 
                present in ground or surface water at levels that pose 
                a hazard to human health; and
                    (D) continue the process of evaluating and 
                prioritizing sites without waiting for the development 
                of a Federal standard.

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

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

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

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

             Subtitle D--Depot-Level Maintenance and Repair

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

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

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

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

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

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

             Subtitle E--Extensions of Program Authorities

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

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

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

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

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

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

                Subtitle F--Defense Dependents Education

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

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

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

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

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

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

                       Subtitle G--Other Matters

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

    (a) Authority.--Subchapter I of chapter 8 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 197. Defense Logistics Agency: fees charged for logistics 
              information
    ``(a) Authority.--The Secretary of Defense may charge fees for 
providing information in the Federal Logistics Information System 
through Defense Logistics Information Services to a department or 
agency of the executive branch outside the Department of Defense, or to 
a State, a political subdivision of a State, or any person.
    ``(b) Amount.--The fee or fees prescribed under subsection (a) 
shall be such amount or amounts as the Secretary of Defense determines 
appropriate for recovering the costs of providing information as 
described in such subsection.
    ``(c) Retention of Fees.--Fees collected under this section shall 
be credited to the appropriation available for Defense Logistics 
Information Services for the fiscal year in which collected, shall be 
merged with other sums in such appropriation, and shall be available 
for the same purposes and period as the appropriation with which 
merged.
    ``(d) Defense Logistics Information Services Defined.--In this 
section, the term `Defense Logistics Information Services' means the 
organization within the Defense Logistics Agency that is known as 
Defense Logistics Information Services.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

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

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

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

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

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

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

    (a) Public-Private Partnerships Authorized.--Chapter 433 of title 
10, United States Code, is amended by adding at the end the following 
new section:
``Sec. 4544. Army industrial facilities: public-private partnerships
    ``(a) Public-Private Partnerships Authorized.--A working-capital 
funded Army industrial facility may enter into cooperative arrangements 
with non-Army entities to carry out military or commercial projects 
with the non-Army entities. A cooperative arrangement under this 
section shall be known as a `public-private partnership'.
    ``(b) Authorized Partnership Activities.--A public-private 
partnership entered into by an Army industrial facility may provide for 
any of the following activities:
            ``(1) The sale of articles manufactured by the facility or 
        services performed by the facility to persons outside the 
        Department of Defense.
            ``(2) The performance of--
                    ``(A) work by a non-Army entity at the facility; or
                    ``(B) work for a non-Army entity by the facility.
            ``(3) The sharing of work by the facility and one or more 
        non-Army entities.
            ``(4) The leasing, or use under a facilities use contract 
        or otherwise, of the facility (including excess capacity) or 
        equipment (including excess equipment) of the facility by a 
        non-Army entity.
            ``(5) The preparation and submission of joint offers by the 
        facility and one or more non-Army entities for competitive 
        procurements entered into with a department or agency of the 
        United States.
    ``(c) Conditions for Public-Private Partnerships.--An activity 
described in subsection (b) may be carried out as a public-private 
partnership at an Army industrial facility only under the following 
conditions:
            ``(1) In the case of an article to be manufactured or 
        services to be performed by the facility, the articles can be 
        substantially manufactured, or the services can be 
        substantially performed, by the facility without subcontracting 
        for more than incidental performance.
            ``(2) The activity does not interfere with performance of--
                    ``(A) work by the facility for the Department of 
                Defense; or
                    ``(B) a military mission of the facility.
            ``(3) The activity meets one of the following objectives:
                    ``(A) Maximize utilization of the capacity of the 
                facility.
                    ``(B) Reduction or elimination of the cost of 
                ownership of the facility.
                    ``(C) Reduction in the cost of manufacturing or 
                maintaining Department of Defense products at the 
                facility.
                    ``(D) Preservation of skills or equipment related 
                to a core competency of the facility.
            ``(4) The non-Army entity partner or purchaser agrees to 
        hold harmless and indemnify the United States from any 
        liability or claim for damages or injury to any person or 
        property arising out of the activity, including any damages or 
        injury arising out of a decision by the Secretary of the Army 
        or the Secretary of Defense to suspend or terminate an 
        activity, or any portion thereof, during a war or national 
        emergency or to require the facility to perform other work or 
        provide other services on a priority basis, except--
                    ``(A) in any case of willful misconduct or gross 
                negligence; and
                    ``(B) in the case of a claim by a purchaser of 
                articles or services under this section that damages or 
                injury arose from the failure of the Government to 
                comply with quality, schedule, or cost performance 
                requirements in the contract to carry out the activity.
    ``(d) Methods of Public-Private Partnerships.--To conduct an 
activity of a public-private partnership under this section, the 
approval authority described in subsection (f) for an Army industrial 
facility may, in the exercise of good business judgment--
            ``(1) enter into a firm, fixed-price contract (or, if 
        agreed to by the purchaser, a cost reimbursement contract) for 
        a sale of articles or services or use of equipment or 
        facilities;
            ``(2) enter into a multiyear partnership contract for a 
        period not to exceed five years, unless a longer period is 
        specifically authorized by law;
            ``(3) charge a partner the amounts necessary to recover the 
        full costs of the articles or services provided, including 
        capital improvement costs, and equipment depreciation costs 
        associated with providing the articles, services, equipment, or 
        facilities;
            ``(4) authorize a partner to use incremental funding to pay 
        for the articles, services, or use of equipment or facilities; 
        and
            ``(5) accept payment-in-kind.
    ``(e) Deposit of Proceeds.--(1) The proceeds of sales of articles 
and services received in connection with the use of an Army industrial 
facility under this section shall be credited to the appropriation or 
working-capital fund that incurs the variable costs of manufacturing 
the articles or performing the services. Notwithstanding section 
3302(b) of title 31, the amount so credited with respect to an Army 
industrial facility shall be available, without further appropriation, 
as follows:
            ``(A) Amounts equal to the amounts of the variable costs so 
        incurred shall be available for the same purposes as the 
        appropriation or working-capital fund to which credited.
            ``(B) Amounts in excess of the amounts of the variable 
        costs so incurred shall be available for operations, 
        maintenance, and environmental restoration at that Army 
        industrial facility.
    ``(2) Amounts credited to a working-capital fund under paragraph 
(1) shall remain available until expended. Amounts credited to an 
appropriation under paragraph (1) shall remain available for the same 
period as the appropriation to which credited.
    ``(f) Approval of Sales.--The authority of an Army industrial 
facility to conduct a public-private partnership under this section 
shall be exercised at the level of the commander of the major 
subordinate command of the Army that has responsibility for the 
facility. The commander may approve such partnership on a case basis or 
a class basis.
    ``(g) Commercial Sales.--Except in the case of work performed for 
the Department of Defense, for a contract of the Department of Defense, 
for foreign military sales, or for authorized foreign direct commercial 
sales (defense articles or defense services sold to a foreign 
government or international organization under export controls), a sale 
of articles or services may be made under this section only if the 
approval authority described in subsection (f) determines that the 
articles or services are not available from a commercial source located 
in the United States in the required quantity or quality, or within the 
time required.
    ``(h) Exclusion From Depot-Level Maintenance and Repair Percentage 
Limitation.--Amounts expended for depot-level maintenance and repair 
workload by non-Federal personnel at an Army industrial facility shall 
not be counted for purposes of applying the percentage limitation in 
section 2466(a) of this title if the personnel are provided by a non-
Army entity pursuant to a public-private partnership established under 
this section.
    ``(i) Relationship to Other Laws.--Nothing in this section shall be 
construed to affect the application of--
            ``(1) foreign military sales and the export controls 
        provided for in sections 30 and 38 of the Arms Export Control 
        Act (22 U.S.C. 2770 and 2778) to activities of a public-private 
        partnership under this section; and
            ``(2) section 2667 of this title to leases of non-excess 
        property in the administration of a public-private partnership 
        under this section.
    ``(j) Definitions.--In this section:
            ``(1) The term `Army industrial facility' includes an 
        ammunition plant, an arsenal, a depot, and a manufacturing 
        plant.
            ``(2) The term `non-Army entity' includes the following:
                    ``(A) An executive agency.
                    ``(B) An entity in industry or commercial sales.
                    ``(C) A State or political subdivision of a State.
                    ``(D) An institution of higher education or 
                vocational training institution.
            ``(3) The term `incremental funding' means a series of 
        partial payments that--
                    ``(A) are made as the work on manufacture or 
                articles is being performed or services are being 
                performed or equipment or facilities are used, as the 
                case may be; and
                    ``(B) result in full payment being completed as the 
                required work is being completed.
            ``(4) The term `full costs', with respect to articles or 
        services provided under this section, means the variable costs 
        and the fixed costs that are directly related to the production 
        of the articles or the provision of the services.
            ``(5) The term `variable costs' means the costs that are 
        expected to fluctuate directly with the volume of sales or 
        services provided or the use of equipment or facilities.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

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

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

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

    (a) Findings.--Congress makes the following findings:
            (1) The Department of Defense, since 1991, has relied on a 
        policy of no media coverage of the transfers of the remains of 
        members Ramstein Air Force Base, Germany, nor at Dover Air 
        Force Base, Delaware, and the Port Mortuary Facility at Dover 
        Air Force Base, nor at interim stops en route to the point of 
        final destination in the transfer of the remains.
            (2) The principal focus and purpose of the policy is to 
        protect the wishes and the privacy of families of deceased 
        members of the Armed Forces during their time of great loss and 
        grief and to give families and friends of the dead the 
        privilege to decide whether to allow media coverage at the 
        member's duty or home station, at the interment site, or at or 
        in connection with funeral and memorial services.
            (3) In a 1991 legal challenge to the Department of Defense 
        policy, as applied during Operation Desert Storm, the policy 
        was upheld by the United States District Court for the District 
        of Columbia, and on appeal, by the United States Court of 
        Appeals for the District of Columbia in the case of JB 
        Pictures, Inc. v. Department of Defense and Donald B. Rice, 
        Secretary of the Air Force on the basis that denying the media 
        the right to view the return of remains at Dover Air Force Base 
        does not violate the first amendment guarantees of freedom of 
        speech and of the press.
            (4) The United States Court of Appeals for the District of 
        Columbia in that case cited the following two key Government 
        interests that are served by the Department of Defense policy:
                    (A) Reducing the hardship on the families and 
                friends of the war dead, who may feel obligated to 
                travel great distances to attend arrival ceremonies at 
                Dover Air Force Base if such ceremonies were held.
                    (B) Protecting the privacy of families and friends 
                of the dead, who may not want media coverage of the 
                unloading of caskets at Dover Air Force Base.
            (5) The Court also noted, in that case, that the bereaved 
        may be upset at the public display of the caskets of their 
        loved ones and that the policy gives the family the right to 
        grant or deny access to the media at memorial or funeral 
        services at the home base and that the policy is consistent in 
        its concern for families.
    (b) Sense of Congress.--It is the sense of Congress that the 
Department of Defense policy regarding no media coverage of the 
transfer of the remains of deceased members of the Armed Forces 
appropriately protects the privacy of the members' families and friends 
of and is consistent with United States constitutional guarantees of 
freedom of speech and freedom of the press.

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

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

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

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

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

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

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

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

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

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

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

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

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

              Subtitle C--Authorizations of Appropriations

SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

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

SEC. 422. ARMED FORCES RETIREMENT HOME.

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

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Joint Officer Personnel Management

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

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

SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS.

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

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

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

SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS.

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

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

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

SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT DUTY.

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

               Subtitle B--Other Officer Personnel Policy

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

    (a) Original Appointments as Commissioned Officers.--(1) Section 
532 of title 10, United States Code, is amended by striking subsection 
(e).
    (2) Subsection (a)(2) of such section is amended by striking 
``fifty-fifth birthday'' and inserting ``sixty-second birthday''.
    (3)(A) Such section 532, as amended by paragraph (1), is further 
amended by adding at the end the following new subsection (e):
    ``(e) For an original appointment in a grade below major or, in the 
case of the Navy, a grade below lieutenant commander under subsection 
(a), the Secretary of Defense may waive the applicability of the 
requirement of subsection (a)(1) to an alien lawfully admitted to 
permanent residence in the United States when the Secretary determines 
that it is the national security interests of the United States to do 
so.''.
    (B) Section 619(d) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(5) An officer in the grade of captain or, in the case of 
        the Navy, lieutenant who is not a citizen of the United 
        States.''.
    (4) Section 531(a) of such title is amended to read as follows:
    ``(a)(1) Original appointments in the grades of second lieutenant 
through captain in the Regular Army, Regular Air Force, and Regular 
Marine Corps and in the grades of ensign through lieutenant in the 
Regular Navy shall be made by the President. The President may delegate 
to the Secretary of Defense authority to make such appointments.
    ``(2) Original appointments in the grades of major, lieutenant 
colonel, and colonel in the Regular Army, Regular Air Force, and 
Regular Marine Corps and in the grades of lieutenant commander, 
commander, and captain in the Regular Navy shall be made by the 
President, by and with the advice and consent of the Senate.''.
    (b) Repeal of Total Strength Limitation for Active Duty Regular 
Commissioned Officers.--(1) Section 522 of title 10, United States 
Code, is repealed.
    (2) The table of sections at the beginning of chapter 32 of such 
title is amended by striking the item relating to section 522.
    (c) Force Shaping Authority.--(1)(A) Subchapter V of chapter 36 of 
such title is amended by adding at the end the following new section:
``Sec. 647. Force shaping authority
    ``(a) Authority.--The Secretary concerned may, solely for the 
purpose of restructuring an armed force under the jurisdiction of that 
Secretary--
            ``(1) discharge an officer described in subsection (b); or
            ``(2) transfer such an officer from the active-duty list of 
        that armed force to the reserve active-status list of a reserve 
        component of that armed force.
    ``(b) Covered Officers.--(1) The authority under this section may 
be exercised in the case of an officer who--
            ``(A) has completed not more than 5 years of service as a 
        commissioned officer in the armed forces; or
            ``(B) has completed more than 5 years of service as a 
        commissioned officer in the armed forces, but has not completed 
        a minimum service obligation applicable to that member.
    ``(2) In this subsection, the term `minimum service obligation' 
means the initial period of required active duty service together with 
any additional period of required active duty service incurred during 
the initial period of required active duty service.
    ``(c) Appointment of Transferred Officers.--An officer of the 
Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps 
who is transferred to a reserve active-status list under this section 
shall be discharged from the regular component concerned and appointed 
as a reserve commissioned officer under section 12203 of this title.
    ``(d) Regulations.--The Secretary concerned shall prescribe 
regulations for the exercise of the Secretary's authority under this 
section.''.
    (B) The table of sections at the beginning of such subchapter is 
amended by adding at the end the following new item:

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

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

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

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

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

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

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

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

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

             Subtitle C--Reserve Component Personnel Policy

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

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

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

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

                   Subtitle D--Education and Training

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

    Section 573(h) of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106-65; 10 U.S.C. 513 note), is amended by 
striking ``September 30, 2004'' and inserting ``December 31, 2005''.

SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAMPUS.

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

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

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

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

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

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

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

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

           Subtitle E--Decorations, Awards, and Commendations

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

    (a) Award to Individual as Representative.--Chapter 57 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 1134. Medal of honor: award to individual interred in Tomb of 
              the Unknowns as representative of casualties of a war
    ``The medal of honor awarded posthumously to a deceased member of 
the armed forces who, as an unidentified casualty of a particular war 
or other armed conflict, is interred in the Tomb of the Unknowns at 
Arlington National Cemetery, Virginia, is awarded to the member as the 
representative of the members of the armed forces who died in such war 
or other armed conflict and whose remains have not been identified, and 
not to the individual personally.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

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

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

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

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

                      Subtitle F--Military Justice

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

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

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

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

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

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

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

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

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

``1204. Members on active duty for 30 days or less or on inactive duty: 
                            retirement.'';
        and
            (ii) by striking the item relating to section 1206 and 
        inserting the following:

``1206. Members on active duty for 30 days or less or on inactive duty: 
                            separation.''.
    (B) The table of sections at the beginning of subchapter II of 
chapter 75 of such title is amended by striking the items relating to 
sections 1475 and 1476 and inserting the following:

``1475. Death gratuity: death of members on active duty or inactive 
                            duty and of certain other persons.
``1476. Death gratuity: death after discharge or release from duty.''.
    (C) The table of sections at the beginning of chapter 1217 of such 
title is amended by striking the items relating to sections 12603 and 
12604 and inserting the following:

``12603. Attendance of inactive duty assemblies: commercial travel at 
                            Federal supply schedule rates.
``12604. Billeting in Department of Defense facilities: Reserves 
                            performing inactive duty.''.
    (D) The item relating to section 18505 in the table of sections at 
the beginning of chapter 1805 of such title is amended to read as 
follows:

``18505. Reserves traveling for inactive duty: space-required travel on 
                            military aircraft.''.
    (c) Title 14 Conforming Amendment.--Sections 704 and 705(a) of 
title 14, United States Code, are amended by striking ``inactive-duty 
training'' and inserting ``inactive duty''.
    (d) Title 37 Conforming and Clerical Amendments.--(1) Sections 
101(22), 205(e)(2)(A), and 433(d) of title 37, United States Code, are 
amended by striking ``inactive-duty training'' each place it appears 
and inserting ``inactive duty''.
    (2) Section 204 of such title is amended--
            (A) in subsection (g)(1)--
                    (i) in subparagraphs (B) and (D), by striking 
                ``inactive-duty training'' each place it appears and 
                inserting ``inactive duty'' and
                    (ii) in subparagraph (C), by striking ``or 
                training''; and
            (B) in subsection (h)(1)--
                    (i) in subparagraphs (B) and (D), by striking 
                ``inactive-duty training'' each place it appears and 
                inserting ``inactive duty''; and
                    (ii) in subparagraph (C), by striking ``or 
                training''; and
    (3) Section 206 of such title is amended--
            (A) in subsection (a)(3)--
                    (i) by striking clause (ii) of subparagraph (A) and 
                inserting the following:
                            ``(ii) inactive duty;'';
                    (ii) in subparagraph (B), by striking ``or 
                training''; and
                    (iii) in subparagraph (C), by striking ``inactive-
                duty training'' each place it appears and inserting 
                ``inactive duty''; and
            (B) in subsection (b)(1), by inserting ``or duty'' after 
        ``kind of training''.
    (4) Section 308d(a) of such title is amended by striking ``for 
training''.
    (5) Section 415 of such title is amended--
            (A) in subsection (a)(3), by striking ``inactive-duty 
        training'' and inserting ``inactive duty''; and
            (B) in subsection (c)(1), by striking ``on inactive duty 
        training status'' and inserting ``inactive duty''.
    (6) Section 552 of such title is amended--
            (A) in subsection (a)--
                    (i) by striking ``performing inactive-duty 
                training,'' in the matter preceding paragraph (1), and 
                inserting ``inactive duty,''; and
                    (ii) by striking ``or inactive-duty training'' in 
                the second sentence and inserting ``or inactive duty''; 
                and
            (B) in subsection (d), by striking ``inactive-duty 
        training'' and inserting ``on inactive duty''.
    (7)(A) The heading for section 206 of such title is amended by 
striking ``inactive-duty training'' and inserting ``inactive duty''.
    (B) The item relating to such section in the table of sections at 
the beginning of chapter 3 of such title is amended to read as follows:

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

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

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

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

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

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

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

                       Subtitle H--Other Matters

SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED SKILLS.

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

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

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

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

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

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

    (a) Renaming.--The text of section 509 of title 32, United States 
Code, is amended by striking ``National Guard Challenge Program'' each 
place it appears and inserting ``National Guard Youth Challenge 
Program''.
    (b) Increase in Maximum Federal Share of Cost of State Programs.--
Subsection (d) of such section is amended by striking paragraphs (1), 
(2), (3), and (4), and inserting the following new paragraphs:
            ``(1) for fiscal year 2004, 60 percent of the costs of 
        operating the State program during that year;
            ``(2) for fiscal year 2005, 65 percent of the costs of 
        operating the State program during that year;
            ``(3) for fiscal year 2006, 70 percent of the costs of 
        operating the State program during that year; and
            ``(4) for fiscal year 2007 and each subsequent fiscal year, 
        75 percent of the costs of operating the State program during 
        such year.''.
    (c) Conforming and Clerical Amendments.--(1) The heading of such 
section is amended to read as follows:
``Sec. 509. National Guard Youth Challenge Program of opportunities for 
              civilian youth''.
    (2) The table of sections at the beginning of chapter 5 of such 
title is amended by striking the item relating to section 509 and 
inserting the following new item:

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

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

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

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

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

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

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

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

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

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

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

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

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

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

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

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

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

SEC. 616. ASSIGNMENT INCENTIVE PAY.

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

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

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

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

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

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

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

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

    (a) Authority.--Chapter 5 of title 37, United States Code, is 
amended by inserting after section 308i the following new section:
``Sec. 308j. Special pay: bonus for certain initial service of 
              commissioned officers in the Selected Reserve
    ``(a) Affiliation Bonus.--(1) The Secretary concerned may pay an 
affiliation bonus under this section to an eligible commissioned 
officer in any of the armed forces who enters into an agreement with 
the Secretary to serve, for the period specified in the agreement, in 
the Selected Reserve of the Ready Reserve of an armed force under the 
Secretary's jurisdiction--
            ``(A) in a critical officer skill designated under 
        paragraph (3); or
            ``(B) to meet a manpower shortage in--
                    ``(i) a unit of that Selected Reserve; or
                    ``(ii) a particular pay grade in that armed force.
    ``(2) A commissioned officer is eligible for an affiliation bonus 
under this section if the officer--
            ``(A) either--
                    ``(i) is serving on active duty for a period of 
                more than 30 days; or
                    ``(ii) is a member of a reserve component not on 
                active duty and, if the member formerly served on 
                active duty, was released from active duty under 
                honorable conditions;
            ``(B) has not previously served in the Selected Reserve of 
        the Ready Reserve; and
            ``(C) is not entitled to receive retired or retainer pay.
    ``(3)(A) The Secretary concerned shall designate for an armed force 
under the Secretary's jurisdiction the critical officer skills to which 
the bonus authority under this subsection is to be applied.
    ``(B) A skill may be designated as a critical officer skill for an 
armed force under subparagraph (A) if, to meet requirements of that 
armed force, it is critical for that armed force to have a sufficient 
number of officers who are qualified in that skill.
    ``(4) An affiliation bonus payable pursuant to an agreement under 
this section to an eligible officer accrues on the date on which the 
person is assigned to a unit or position in the Selected Reserve 
pursuant to such agreement.
    ``(b) Accession Bonus.--(1) The Secretary concerned may pay an 
accession bonus under this section to an eligible person who enters 
into an agreement with the Secretary--
            ``(A) to accept an appointment as a commissioned officer in 
        the armed forces; and
            ``(B) to serve in the Selected Reserve of the Ready Reserve 
        in a skill designated under paragraph (2) for a period 
        specified in the agreement.
    ``(2)(A) The Secretary concerned shall designate for an armed force 
under the Secretary's jurisdiction the officer skills to which the 
authority under this subsection is to be applied.
    ``(B) A skill may be designated for an armed force under 
subparagraph (A) if, to mitigate a current or projected significant 
shortage of personnel in that armed force who are qualified in that 
skill, it is critical to increase the number of persons accessed into 
that armed force who are qualified in that skill or are to be trained 
in that skill.
    ``(3) An accession bonus payable to a person pursuant to an 
agreement under this section accrues on the date on which that 
agreement is accepted by the Secretary concerned.
    ``(c) Period of Obligated Service.--An agreement entered into with 
the Secretary concerned under this section shall require the person 
entering into that agreement to serve in the Selected Reserve for a 
specified period. The period specified in the agreement shall be any 
period not less than three years that the Secretary concerned 
determines appropriate to meet the needs of the reserve component in 
which the service is to be performed.
    ``(d) Amount.--The amount of a bonus under this section may be any 
amount not in excess of $6,000 that the Secretary concerned determines 
appropriate.
    ``(e) Payment.--Upon acceptance of a written agreement by the 
Secretary concerned under this section, the total amount of the bonus 
payable under the agreement becomes fixed. The agreement shall specify 
whether the bonus is to be paid in one lump sum or in installments.
    ``(f) Relation to Other Accession Bonus Authority.--No person may 
receive an affiliation bonus or accession bonus under this section and 
financial assistance under chapter 1608, 1609, or 1611 of title 10, or 
under section 302g of this title, for the same period of service.
    ``(g) Repayment for Failure To Commence or Complete Obligated 
Service.--(1) A person who, after receiving all or part of the bonus 
under an agreement entered into by that person under this section, does 
not accept a commission as an officer or does not commence to 
participate or does not satisfactorily participate in the Selected 
Reserve for the total period of service specified in the agreement 
shall repay to the United States such compensation or benefit, except 
under conditions prescribed by the Secretary concerned.
    ``(2) The Secretary concerned shall include in each agreement 
entered into by the Secretary under this section the requirements that 
apply for any repayment under this subsection, including the method for 
computing the amount of the repayment and any exceptions.
    ``(3) An obligation to repay the United States imposed under 
paragraph (1) is for all purposes a debt owed to the United States. A 
discharge in bankruptcy under title 11 that is entered less than five 
years after the termination of an agreement entered into under this 
section does not discharge a person from a debt arising under an 
agreement entered into under this subsection or a debt arising under 
paragraph (1).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

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

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

            Subtitle C--Travel and Transportation Allowances

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

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

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

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

             Subtitle D--Retired Pay and Survivor Benefits

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

    (a) Computation of High 36-Month Average.--Subsection (c) of 
section 1407 of title 10, United States Code, is amended by adding at 
the end the following new paragraph:
            ``(3) Special rule for reserve component members.--In the 
        application of paragraphs (1) and (2) to a member of a reserve 
        component of a uniformed service who is entitled to retired pay 
        under section 1201 or 1202 of this title, each month during 
        which the member performed duty for which basic pay is paid 
        under section 203 of title 37 or compensation is paid under 
        section 206 of such title shall be treated as if it were one 
        month of active service.''.
    (b) Effective Dates and Applicability.--(1) Paragraph (3) of 
section 1407(c) of title 10, United States Code (as added by subsection 
(a)), shall take effect on October 1, 2004, and shall apply with 
respect to months beginning on or after such date, except as provided 
in paragraph (2).
    (2) For the computation of survivor annuities under subparagraph 
(A)(i) or (B) of section 1451(c)(1) of title 10, United States Code (as 
amended by section 642(b) of Public Law 107-107; 115 Stat. 1152)), 
paragraph (3) of section 1407(c) of title 10, United States Code (as 
added by subsection (a)), shall take effect as of September 10, 2001, 
and shall apply with respect to deaths of members of the uniformed 
services occurring on or after that date.

SEC. 642. DEATH BENEFITS ENHANCEMENT.

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

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

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

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

    (a) Phased Increase in Basic Annuity.--
            (1) Increase to 55 percent.--Subsection (a)(1)(B)(i) of 
        section 1451 of title 10, United States Code, is amended by 
        striking ``35 percent of the base amount.'' and inserting ``the 
        product of the base amount and the percent applicable for the 
        month. The percent applicable for a month is 35 percent for 
        months beginning before October 2005, 40 percent for months 
        beginning after September 2005 and before October 2008, 45 
        percent for months beginning after September 2008, and 55 
        percent for months beginning after September 2014.''.
            (2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I) 
        of such section is amended by striking ``35 percent'' and 
        inserting ``the percent specified under paragraph (1)(B)(i) as 
        being applicable for the month''.
            (3) Special-eligibility annuity.--Subsection (c)(1)(B)(i) 
        of such section is amended--
                    (A) by striking ``35 percent'' and inserting ``the 
                applicable percent''; and
                    (B) by adding at the end the following: ``The 
                percent applicable for a month under the preceding 
                sentence is the percent specified under subsection 
                (a)(1)(B)(i) as being applicable for the month.''.
            (4) Conforming amendment.--The heading for subsection 
        (d)(2)(A) of such section is amended to read as follows: 
        ``Computation   of   Annuity.--''.
    (b) Phased Elimination of Supplemental Annuity.--
            (1) Decreasing percentages.--Section 1457(b) of title 10, 
        United States Code, is amended--
                    (A) by striking ``5, 10, 15, or 20 percent'' and 
                inserting ``the applicable percent''; and
                    (B) by inserting after the first sentence the 
                following: ``The percent used for the computation shall 
                be an even multiple of 5 percent and, whatever the 
                percent specified in the election, may not exceed 20 
                percent for months beginning before October 2005, 15 
                percent for months beginning after September 2005 and 
                before October 2008, and 10 percent for months 
                beginning after September 2008.''.
            (2) Repeal of program in 2014.--Effective on October 1, 
        2014, chapter 73 of such title is amended--
                    (A) by striking subchapter III; and
                    (B) by striking the item relating to subchapter III 
                in the table of subchapters at the beginning of that 
                chapter.
    (c) Recomputation of Annuities.--
            (1) Requirement for recomputation.--Effective on the first 
        day of each month referred to in paragraph (2)--
                    (A) each annuity under section 1450 of title 10, 
                United States Code, that commenced before that month, 
                is computed under a provision of section 1451 of that 
                title amended by subsection (a), and is payable for 
                that month shall be recomputed so as to be equal to the 
                amount that would be in effect if the percent 
                applicable for that month under that provision, as so 
                amended, had been used for the initial computation of 
                the annuity; and
                    (B) each supplemental survivor annuity under 
                section 1457 of such title that commenced before that 
                month and is payable for that month shall be recomputed 
                so as to be equal to the amount that would be in effect 
                if the percent applicable for that month under that 
                section, as amended by this section, had been used for 
                the initial computation of the supplemental survivor 
                annuity.
            (2) Times for recomputation.--The requirements for 
        recomputation of annuities under paragraph (1) apply with 
        respect to the following months:
                    (A) October 2005.
                    (B) October 2008.
                    (C) October 2014.
    (d) Recomputation of Retired Pay Reductions for Supplemental 
Survivor Annuities.--The Secretary of Defense shall take such actions 
as are necessitated by the amendments made by subsection (b) and the 
requirements of subsection (c)(1)(B) to ensure that the reductions in 
retired pay under section 1460 of title 10, United States Code, are 
adjusted to achieve the objectives set forth in subsection (b) of that 
section.

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

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

                       Subtitle E--Other Matters

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

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

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

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

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

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

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

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

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

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

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

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

                         TITLE VII--HEALTH CARE

               Subtitle A--Enhanced Benefits for Reserves

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

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

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

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

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

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

SEC. 704. PROTECTION OF DEPENDENTS FROM BALANCE BILLING.

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

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

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

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

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

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

    (a) Required Continuation.--(1) Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1078a the following 
new section:
``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage 
              for dependents of certain Reserves called or ordered to 
              active duty
    ``(a) Payment of Premiums.--The Secretary concerned shall pay the 
applicable premium to continue in force any qualified health benefits 
plan coverage for the members of the family of an eligible reserve 
component member for the benefits coverage continuation period if 
timely elected by the member in accordance with regulations prescribed 
under subsection (j).
    ``(b) Eligible Member; Family Members.--(1) A member of a reserve 
component is eligible for payment of the applicable premium for 
continuation of qualified health benefits plan coverage under 
subsection (a) while serving on active duty pursuant to a call or order 
issued under a provision of law referred to in section 101(a)(13)(B) of 
this title during a war or national emergency declared by the President 
or Congress.
    ``(2) For the purposes of this section, the members of the family 
of an eligible reserve component member include only the member's 
dependents described in subparagraphs (A), (D), and (I) of section 
1072(2) of this title.
    ``(c) Qualified Health Benefits Plan Coverage.--For the purposes of 
this section, health benefits plan coverage for the members of the 
family of a reserve component member called or ordered to active duty 
is qualified health benefits plan coverage if--
            ``(1) the coverage was in force on the date on which the 
        Secretary notified the reserve component member that issuance 
        of the call or order was pending or, if no such notification 
        was provided, the date of the call or order;
            ``(2) on such date, the coverage applied to the reserve 
        component member and members of the family of the reserve 
        component member; and
            ``(3) the coverage has not lapsed.
    ``(d) Applicable Premium.--The applicable premium payable under 
this section for continuation of health benefits plan coverage for the 
family members of a reserve component member is the amount of the 
premium payable by the member for the coverage of the family members.
    ``(e) Maximum Amount.--The total amount that the Department of 
Defense may pay for the applicable premium of a health benefits plan 
for the family members of a reserve component member under this section 
in a fiscal year may not exceed the amount determined by multiplying--
            ``(1) the sum of one plus the number of the family members 
        covered by the health benefits plan, by
            ``(2) the per capita cost of providing TRICARE coverage and 
        benefits for dependents under this chapter for such fiscal 
        year, as determined by the Secretary of Defense.
    ``(f) Benefits Coverage Continuation Period.--The benefits coverage 
continuation period under this section for qualified health benefits 
plan coverage for the family members of an eligible reserve component 
member called or ordered to active duty is the period that--
            ``(1) begins on the date of the call or order; and
            ``(2) ends on the earlier of--
                    ``(A) the date on which the reserve component 
                member's eligibility for transitional health care under 
                section 1145(a) of this title terminates under 
                paragraph (3) of such section; or
                    ``(B) the date on which the reserve component 
                member elects to terminate the continued qualified 
                health benefits plan coverage of the member's family 
                members.
    ``(g) Extension of Period of COBRA Coverage.--Notwithstanding any 
other provision of law--
            ``(1) any period of coverage under a COBRA continuation 
        provision (as defined in section 9832(d)(1) of the Internal 
        Revenue Code of 1986) for an eligible reserve component member 
        under this section shall be deemed to be equal to the benefits 
        coverage continuation period for such member under this 
        section; and
            ``(2) with respect to the election of any period of 
        coverage under a COBRA continuation provision (as so defined), 
        rules similar to the rules under section 4980B(f)(5)(C) of such 
        Code shall apply.
    ``(h) Nonduplication of Benefits.--A member of the family of a 
reserve component member who is eligible for benefits under qualified 
health benefits plan coverage paid on behalf of the reserve component 
member by the Secretary concerned under this section is not eligible 
for benefits under the TRICARE program during a period of the coverage 
for which so paid.
    ``(i) Revocability of Election.--A reserve component member who 
makes an election under subsection (a) may revoke the election. Upon 
such a revocation, the member's family members shall become eligible 
for benefits under the TRICARE program as provided for under this 
chapter.
    ``(j) Regulations.--The Secretary of Defense shall prescribe 
regulations for carrying out this section. The regulations shall 
include such requirements for making an election of payment of 
applicable premiums as the Secretary considers appropriate.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1078a the 
following new item:

``1078b. Continuation of non-TRICARE health benefits plan coverage for 
                            dependents of certain Reserves called or 
                            ordered to active duty.''.
    (b) Applicability.--Section 1078b of title 10, United States Code 
(as added by subsection (a)), shall apply with respect to calls or 
orders of members of reserve components of the Armed Forces to active 
duty as described in subsection (b) of such section, that are issued by 
the Secretary of a military department before, on, or after the date of 
the enactment of this Act, but only with respect to qualified health 
benefits plan coverage (as described in subsection (c) of such section) 
that is in effect on or after the date of the enactment of this Act.

                       Subtitle B--Other Matters

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

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

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

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

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

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

SEC. 714. SERVICES OF MARRIAGE AND FAMILY THERAPISTS.

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

SEC. 715. CHIROPRACTIC HEALTH CARE BENEFITS ADVISORY COMMITTEE.

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

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

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

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

    (a) Medical and Dental Care.--(1) Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1074a the following 
new section:
``Sec. 1074b. Medical and dental care: cadets and midshipmen
    ``(a) Eligibility.--Under joint regulations prescribed by the 
administering Secretaries, the following persons are, except as 
provided in subsection (c), entitled to the benefits described in 
subsection (b):
            ``(1) A cadet at the United States Military Academy, the 
        United States Air Force Academy, or the Coast Guard Academy, 
        and a midshipman at the United States Naval Academy, who incurs 
        or aggravates an injury, illness, or disease in the line of 
        duty.
            ``(2) Each member of, and each designated applicant for 
        membership in, the Senior Reserve Officers' Training Corps who 
        incurs or aggravates an injury, illness, or disease in the line 
        of duty while performing duties under section 2109 of this 
        title.
    ``(b) Benefits.--A person eligible for benefits in subsection (a) 
for an injury, illness, or disease is entitled to--
            ``(1) the medical and dental care under this chapter that 
        is appropriate for the treatment of the injury, illness, or 
        disease until the injury, illness, disease, or any resulting 
        disability cannot be materially improved by further 
        hospitalization or treatment; and
            ``(2) meals during hospitalization.
    ``(c) Exception.--A person is not entitled to benefits under 
subsection (b) for an injury, illness, or disease, or the aggravation 
of an injury, illness, or disease that is a result of the gross 
negligence or the misconduct of that person.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1074a the 
following new item:

``1074b. Medical and dental care: cadets and midshipmen of the service 
                            academies.''.
    (b) Eligibility of Academy Cadets and Midshipmen for Disability 
Retired Pay.--(1)(A) Section 1217 of title 10, United States Code, is 
amended to read as follows:
``Sec. 1217. Cadets, midshipmen, and aviation cadets: applicability of 
              chapter
    ``(a) This chapter applies to cadets at the United States Military 
Academy, the United States Air Force Academy, and the United States 
Coast Guard Academy and midshipmen of the United States Naval Academy.
    ``(b) Monthly cadet pay and monthly midshipman pay under section 
203(c) of title 37 shall be considered to be basic pay for purposes of 
this chapter and the computation of retired pay and severance and 
separation pay to which entitlement is established under this 
chapter.''.
    (B) The item related to section 1217 in the table of sections at 
the beginning of chapter 61 of such title is amended to read as 
follows:

``1217. Cadets, midshipmen, and aviation cadets: applicability of 
                            chapter.''.
    (2) The amendments made by paragraph (1) shall take effect on 
October 1, 2004.

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

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

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

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

SEC. 720. VACCINE HEALTHCARE CENTERS NETWORK.

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

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

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

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

             Subtitle A--Acquisition Policy and Management

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

    (a) Acquisitions of Information Technology Equipment Integral to a 
Weapon or Weapon System.--(1) Chapter 131 of title 10, United States 
Code, is amended by inserting after section 2223 the following:
``Sec. 2223a. Acquisition of information technology equipment integral 
              to a weapon or a weapon system
    ``(a) Responsibilities of Acquisition Executives.--The acquisition 
executive of each military department shall be responsible for ensuring 
that, with regard to a weapon or weapon system acquired or to be 
acquired by or for that military department--
            ``(1) the acquisition of information technology equipment 
        that is integral to the weapon or a weapon system is conducted 
        in a manner that is consistent with the capital planning, 
        investment control, and performance and results-based 
        management processes and requirements provided under sections 
        11302, 11303, 11312, and 11313 of title 40, to the extent that 
        such processes requirements are applicable to the acquisition 
        of such equipment;
            ``(2) issues of spectrum availability, interoperability, 
        and information security are appropriately addressed in the 
        development of the weapon or weapon system; and
            ``(3) in the case of information technology equipment that 
        is to be incorporated into a weapon or a weapon system under a 
        major defense acquisition program, the information technology 
        equipment is incorporated in a manner that is consistent with--
                    ``(A) the planned approach to applying certain 
                provisions of law to major defense acquisition programs 
                following the evolutionary acquisition process that the 
                Secretary of Defense reported to Congress under section 
                802 of the Bob Stump National Defense Authorization Act 
                for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 
                2602);
                    ``(B) the acquisition policies that apply to spiral 
                development programs under section 803 of such Act (116 
                Stat. 2603; 10 U.S.C. 2430 note); and
                    ``(C) the software acquisition processes of the 
                military department or Defense Agency concerned under 
                section 804 of such Act (116 Stat. 2604; 10 U.S.C. 2430 
                note).
    ``(b) Board of Senior Acquisition Officials.--(1) The Secretary of 
Defense shall establish a board of senior acquisition officials to 
develop policy and provide oversight on the implementation of the 
requirements of this section and chapter 113 of title 40 in 
procurements of information technology equipment that is integral to a 
weapon or a weapon system.
    ``(2) The board shall be composed of the following officials:
            ``(A) The Under Secretary of Defense for Acquisition, 
        Technology, and Logistics, who shall be the Chairman.
            ``(B) The acquisition executives of the military 
        departments.
            ``(C) The Chief Information Officer of the Department of 
        Defense.
    ``(3) Any question regarding whether information technology 
equipment is integral to a weapon or weapon system shall be resolved by 
the board in accordance with policies established by the board.
    ``(c) Inapplicability of Other Laws.--The following provisions of 
law do not apply to information technology equipment that is integral 
to a weapon or a weapon system:
            ``(1) Section 11315 of title 40.
            ``(2) The policies and procedures established under section 
        11316 of title 40.
            ``(3) Subsections (d) and (e) of section 811 of the Floyd 
        D. Spence National Defense Authorization Act for Fiscal Year 
        2001 (as enacted into law by Public Law 106-398; 114 Stat. 
        1654A-211), and the requirements and prohibitions that are 
        imposed by Department of Defense Directive 5000.1 pursuant to 
        subsections (b) and (c) of such section.
            ``(4) Section 351 of the Bob Stump National Defense 
        Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 
        Stat. 2516; 10 U.S.C. 221 note).
    ``(d) Definitions.--In this section:
            ``(1) The term `acquisition executive', with respect to a 
        military department, means the official who is designated as 
        the senior procurement executive of the military department 
        under section 16(3) of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 414(3)).
            ``(2) The term `information technology' has the meaning 
        given such term in section 11101 of title 40.
            ``(3) The term `major defense acquisition program' has the 
        meaning given such term in section 2430 of this title.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2223 the 
following new item:

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

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

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

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

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

SEC. 804. DEFENSE COMMERCIAL SATELLITE SERVICES PROCUREMENT PROCESS.

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

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

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

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

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

    (a) Senior Procurement Executive Approval of Use of Procedures 
Other Than Competitive Procedures.--Section 2304(f)(1)(B) of title 10, 
United States Code, is amended by striking ``$50,000,000'' both places 
it appears and inserting ``$75,000,000''.
    (b) Information on Subcontracting Authority of Defense Contractor 
Personnel.--Section 2416(d) of such title is amended by striking 
``$500,000'' and inserting ``$1,000,000''.

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

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

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

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

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

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

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

    (a) Limitation.--(1) Chapter 141 of title 10, United States Code, 
is amended by inserting after section 2382 the following new section 
2383:
``Sec. 2383. Procurements through contracts of other agencies: service 
              charges
    ``(a) Limitation.--The head of an agency may not procure goods or 
services (under section 1535 of title 31, pursuant to a designation 
under section 11302(e) of title 40, or otherwise) through a contract 
entered into by an agency outside the Department of Defense if the 
amount charged such head of an agency by the contracting agency for the 
goods or services includes a service charge in a total amount that 
exceeds one percent of the amount charged by the contractor for such 
goods or services under the contract.
    ``(b) Waiver Authority.--(1) The appropriate official of the 
Department of Defense may waive the limitation in subsection (a) in the 
case of any procurement for which that official determines that it is 
in the national security interests of the United States to do so.
    ``(2) The appropriate official for exercise of the waiver authority 
under paragraph (1) is as follows:
            ``(A) In the case of a procurement by a Defense Agency or 
        Department of Defense Field Activity, the Secretary of Defense.
            ``(B) In the case of a procurement for a military 
        department, the Secretary of that military department.
    ``(3)(A) The Secretary of Defense may not delegate the authority 
under paragraph (1) to any person other than the Deputy Secretary of 
Defense or the Under Secretary of Defense for Acquisition, Technology, 
and Logistics.
    ``(B) The Secretary of a military department may not delegate the 
authority under paragraph (1) to any person other than the acquisition 
executive of that military department.
    ``(c) Inapplicability to Contracts for Certain Services.--This 
section does not apply to procurements of the following services:
            ``(1) Printing, binding, or blank-book work to which 
        section 502 of title 44 applies.
            ``(2) Services available under programs pursuant to section 
        103 of the Library of Congress Fiscal Operations Improvement 
        Act of 2000 (Public Law 106-481; 114 Stat. 2187; 2 U.S.C. 
        182c).
    ``(d) Inapplicability to Coast Guard and NASA.--This section does 
not apply to the Coast Guard when it is not operating as a service in 
the Navy or to the National Aeronautics and Space Administration.
    ``(e) Definitions.--In this section:
            ``(1) The term `head of an agency' has the meaning given 
        such term in section 2302 of this title.
            ``(2) The term `acquisition executive', with respect to a 
        military department, means the official who is designated as 
        the senior procurement executive of that military department 
        under section 16(3) of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 414(3)).''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2382 the 
following new item:

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

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

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

        Subtitle C--Extensions of Temporary Program Authorities

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

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

SEC. 822. EXTENSION OF MENTOR-PROTEGE PROGRAM.

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

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

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

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

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

                  Subtitle D--Industrial Base Matters

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

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

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

    (a) Authority.--Subchapter V of chapter 148 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2539c. Waiver of domestic source or content requirements
    ``(a) Authority.--Except as provided in subsection (f), the 
Secretary of Defense may waive the application of any domestic source 
requirement or domestic content requirement referred to in subsection 
(b) and thereby authorize the procurement of items that are grown, 
reprocessed, reused, produced, or manufactured--
            ``(1) in a foreign country that has a Declaration of 
        Principles with the United States;
            ``(2) in a foreign country that has a Declaration of 
        Principles with the United States substantially from components 
        and materials grown, reprocessed, reused, produced, or 
        manufactured in the United States or any foreign country that 
        has a Declaration of Principles with the United States; or
            ``(3) in the United States substantially from components 
        and materials grown, reprocessed, reused, produced, or 
        manufactured in the United States or any foreign country that 
        has a Declaration of Principles with the United States.
    ``(b) Covered Requirements.--For purposes of this section:
            ``(1) A domestic source requirement is any requirement 
        under law that the Department of Defense satisfy its 
        requirements for an item by procuring an item that is grown, 
        reprocessed, reused, produced, or manufactured in the United 
        States or by a manufacturer that is a part of the national 
        technology and industrial base (as defined in section 2500(1) 
        of this title).
            ``(2) A domestic content requirement is any requirement 
        under law that the Department of Defense satisfy its 
        requirements for an item by procuring an item produced or 
        manufactured partly or wholly from components and materials 
        grown, reprocessed, reused, produced, or manufactured in the 
        United States.
    ``(c) Applicability.--The authority of the Secretary to waive the 
application of a domestic source or content requirements under 
subsection (a) applies to the procurement of items for which the 
Secretary of Defense determines that--
            ``(1) application of the requirement would impede the 
        reciprocal procurement of defense items under a Declaration of 
        Principles with the United States; and
            ``(2) such country does not discriminate against defense 
        items produced in the United States to a greater degree than 
        the United States discriminates against defense items produced 
        in that country.
    ``(d) Limitation on Delegation.--The authority of the Secretary to 
waive the application of domestic source or content requirements under 
subsection (a) may not be delegated to any officer or employee other 
than the Under Secretary of Defense for Acquisition, Technology and 
Logistics.
    ``(e) Consultations.--The Secretary may grant a waiver of the 
application of a domestic source or content requirement under 
subsection (a) only after consultation with the United States Trade 
Representative, the Secretary of Commerce, and the Secretary of State.
    ``(f) Laws Not Waivable.--The Secretary of Defense may not exercise 
the authority under subsection (a) to waive any domestic source or 
content requirement contained in any of the following laws:
            ``(1) The Small Business Act (15 U.S.C. 631 et seq.).
            ``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
            ``(3) Sections 7309 and 7310 of this title.
            ``(4) Section 2533a of this title.
    ``(g) Relationship to Other Waiver Authority.--The authority under 
subsection (a) to waive a domestic source requirement or domestic 
content requirement is in addition to any other authority to waive such 
requirement.
    ``(h) Construction With Respect to Later Enacted Laws.--This 
section may not be construed as being inapplicable to a domestic source 
requirement or domestic content requirement that is set forth in a law 
enacted after the enactment of this section solely on the basis of the 
later enactment.
    ``(i) Declaration of Principles.--(1) In this section, the term 
`Declaration of Principles' means a written understanding (including 
any Statement of Principles) between the Department of Defense and its 
counterpart in a foreign country signifying a cooperative relationship 
between the Department and its counterpart to standardize or make 
interoperable defense equipment used by the armed forces and the armed 
forces of the foreign country across a broad spectrum of defense 
activities, including--
            ``(A) harmonization of military requirements and 
        acquisition processes;
            ``(B) security of supply;
            ``(C) export procedures;
            ``(D) security of information;
            ``(E) ownership and corporate governance;
            ``(F) research and development;
            ``(G) flow of technical information; and
            ``(H) defense trade.
    ``(2) A Declaration of Principles is underpinned by a memorandum of 
understanding or other agreement providing for the reciprocal 
procurement of defense items between the United States and the foreign 
country concerned without unfair discrimination in accordance with 
section 2531 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 2539b the following new item:

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

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

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

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

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

         Subtitle E--Defense Acquisition and Support Workforce

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

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

SEC. 842. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.

    (a) Selection Criteria for Acquisition Corps and for Critical 
Acquisition Positions.--(1) Section 1732(b)(1)(A) of title 10, United 
States Code, is amended by striking ``within grade GS-13 or above of'' 
and inserting ``for which the employee is being paid at a rate of basic 
pay that equals or exceeds the minimum rate of basic pay provided for 
grade GS-13 under''.
    (2) Section 1733(b)(1)(A)(i) of such title is amended by striking 
``in a position within grade GS-14 or above of the General Schedule, 
or'' and inserting ``who is currently serving in a position for which 
the employee is being paid at a rate of basic pay that equals or 
exceeds the minimum rate of basic pay provided for grade GS-14 under 
the General Schedule or is required to be filled by an employee who 
is''.
    (b) Scholarship Program.--Section 1742 of such title is amended--
            (1) by inserting ``(a) Required             Programs.--'' 
        before ``The Secretary of Defense shall conduct''; and
            (2) by adding at the end the following new subsection:
    ``(b) Scholarship Program Requirements.--(1) Each recipient of a 
scholarship under a program conducted under subsection (a)(3) shall be 
required to sign a written agreement that sets forth the terms and 
conditions of the scholarship. The agreement shall include the 
following:
            ``(A) Criteria for the recipient's continued eligibility 
        for the scholarship.
            ``(B) The terms of any requirement for the recipient to 
        reimburse the United States for educational assistance provided 
        under the scholarship upon--
                    ``(i) a failure by the recipient to satisfy the 
                criteria for continued eligibility for the scholarship; 
                or
                    ``(ii) a termination of the recipient's service in 
                the Department of Defense before the end of any period 
                of obligated service provided in the agreement, as 
                described in paragraph (2).
    ``(2) Subject to paragraph (3)(C), a recipient of a scholarship 
under the program shall reimburse the United States the total amount of 
educational assistance provided to the recipient under the program if 
the recipient is voluntarily separated from service or involuntarily 
separated for cause from the Department of Defense before the end of 
any period for which the recipient has agreed, as a condition of the 
scholarship, to continue in the service of the Department of Defense in 
an acquisition position.
    ``(3)(A) If an employee fails to fulfill an agreement to pay the 
Government any amount of educational assistance provided to that person 
under the program, a sum equal to such amount of the educational 
assistance is recoverable by the Government from the employee or his 
estate by--
            ``(i) setoff against accrued pay, compensation, amount of 
        retirement credit, or other amount due the employee from the 
        Government; and
            ``(ii) such other method as is provided by law for the 
        recovery of amounts owing to the Government.
    ``(B) An obligation to reimburse the United States under an 
agreement entered into under this subsection is for all purposes a debt 
owed to the United States.
    ``(C) The Secretary of Defense may waive in whole or in part a 
reimbursement required under this subsection or under an agreement 
entered into under this subsection if the Secretary determines that the 
recovery would be against equity and good conscience or would be 
contrary to the best interests of the United States.
    ``(D) A discharge in bankruptcy under title 11 that is entered less 
than five years after the termination of an agreement entered into 
under this subsection does not discharge a person executing the 
agreement from a debt arising under this subsection or such agreement.
    ``(4) Nothing in this subsection shall be considered to require 
that a position be offered to a recipient of a scholarship under the 
program after such recipient successfully completes the course of 
education for which the scholarship is granted. However, the agreement 
entered into under this subsection with respect to such scholarship 
shall be considered terminated if the recipient is not, within the time 
specified in the agreement, offered a full-time acquisition position in 
the Department of Defense that--
            ``(A) is commensurate with the recipient's academic degree 
        and experience; and
            ``(B) is--
                    ``(i) in the excepted service, if the recipient has 
                not previously acquired competitive status, with the 
                right, after successful completion of two years of 
                service and such other requirements as the Office of 
                Personnel Management may prescribe, to be appointed to 
                a position in the competitive service, notwithstanding 
                subchapter I of chapter 33 of title 5; or
                    ``(ii) in the competitive service, if the recipient 
                has previously acquired competitive status.''.
    (c) Authority To Establish Different Minimum Requirements.--(1) 
Section 1764(b) of such title is amended--
            (A) by redesignating paragraph (5) as paragraph (6); and
            (B) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) Deputy program manager.''.
    (2) Paragraph (1) of such section is amended by striking ``in 
paragraph (5)'' and inserting ``in paragraph (6)''.

                Subtitle F--Public-Private Competitions

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

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

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

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

SEC. 853. COMPETITIVE SOURCING REPORTING REQUIREMENT.

    Not later than February 1, 2005, the Inspector General of the 
Department of Defense shall submit to Congress a report addressing 
whether the Department of Defense--
            (1) employs a sufficient number of adequately trained 
        civilian employees--
                    (A) to conduct satisfactorily, taking into account 
                equity, efficiency and expeditiousness, all of the 
                public-private competitions that are scheduled to be 
                undertaken by the Department of Defense during the next 
                fiscal year (including a sufficient number of employees 
                to formulate satisfactorily the performance work 
                statements and most efficient organization plans for 
                the purposes of such competitions); and
                    (B) to administer any resulting contracts; and
            (2) has implemented a comprehensive and reliable system to 
        track and assess the cost and quality of the performance of 
        functions of the Department of Defense by service contractors.

                       Subtitle G--Other Matters

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

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

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

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

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

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

SEC. 864. MANAGEMENT PLAN FOR CONTRACTOR SECURITY PERSONNEL.

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

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

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

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

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

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

    (a) Limitation.--(1) Chapter 141 of title 10, United States Code, 
is amended by inserting after section 2382 the following new section:
``Sec. 2383. Contractor performance of acquisition functions closely 
              associated with inherently governmental functions
    ``(a) Limitation.--The head of an agency may enter a contract for 
the performance of acquisition functions closely associated with 
inherently governmental functions only if the Secretary determines 
that--
            ``(1) appropriate military or civilian personnel of the 
        Department of Defense cannot reasonably be made available to 
        perform the functions;
            ``(2) appropriate military or civilian personnel of the 
        Department of Defense are--
                    ``(A) to supervise contractor performance of the 
                contract; and
                    ``(B) to perform all inherently governmental 
                functions associated with the functions to be performed 
                under the contract; and
            ``(3) the contractor does not have an organizational 
        conflict of interest or the appearance of an organizational 
        conflict of interest in the performance of the functions under 
        the contract.
    ``(b) Definitions.--In this section:
            ``(1) The term `head of an agency' has the meaning given 
        such term in section 2302(1) of this title, except that such 
        term does not include the Secretary of Homeland Security or the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            ``(2) The term `inherently governmental functions' has the 
        meaning given such term in subpart 7.5 of part 7 of the Federal 
        Acquisition Regulation.
            ``(3) The term `functions closely associated with 
        inherently governmental functions' means the functions 
        described in section 7.503(d) of the Federal Acquisition 
        Regulation.
            ``(4) The term `organizational conflict of interest' has 
        the meaning given such term in subpart 9.5 of part 9 of the 
        Federal Acquisition Regulation.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2382 the 
following new item:

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

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

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

SEC. 869. ENERGY SAVINGS PERFORMANCE CONTRACTS.

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

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

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

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

    (a) Compliance With Applicable Requirements.--The Secretary of 
Defense shall ensure that the Secretary of the Air Force does not 
proceed with the acquisition of aerial refueling aircraft for the Air 
Force by lease or other contract, either with full and open competition 
or under section 135 of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1413) until the date 
that is 60 days after the date on which the Secretary Defense has--
            (1) reviewed all documentation for the acquisition, 
        including--
                    (A) the completed aerial refueling analysis of 
                alternatives (AOA) required by section 134(b) of the 
                National Defense Authorization Act for Fiscal Year 
                2004, pursuant to ``Analysis of Alternatives (AoA) 
                Guidance of KC-135 Recapitalization'', dated February 
                24, 2004;
                    (B) the completed aerial refueling portion of the 
                Mobility Capabilities Study;
                    (C) a new validated capabilities document in 
                accordance with the applicable Chairman of Joint Chiefs 
                of Staff Instruction; and
                    (D) the approval of a Defense Acquisition Board in 
                accordance with Department of Defense regulations; and
            (2) submitted to the congressional defense committees a 
        determination in writing that the acquisition is in compliance 
        with all currently applicable laws, Office of Management and 
        Budget circulars, and regulations.
    (b) Independent Review.--Not later than 45 days after the Secretary 
of Defense makes the determination described in paragraph (2) of 
subsection (a), the Comptroller General and the Inspector General of 
the Department of Defense shall each review the documentation referred 
to in paragraph (1) of such subsection and submit to the congressional 
defense committees a report on the extent to which the acquisition is--
            (1) in compliance with the requirements of this section and 
        all currently applicable laws, Office of Management and Budget 
        circulars, and regulations; and
            (2) consistent with the analysis of alternatives referred 
        to in subparagraph (A) of subsection (a)(1) and the other 
        documentation referred to in such subsection.
    (c) Limitation on Acquisition Beyond Low-Rate Initial Production.--
(1) The acquisition by lease or other contract of any aerial refueling 
aircraft for the Air Force beyond low-rate initial production shall be 
subject to, and for such acquisition the Secretary of the Air Force 
shall comply with, the requirements of sections 2366 and 2399 of title 
10, United States Code.
    (2) For the purposes of this subsection, the term ``low-rate 
initial production'', with respect to a lease, shall have the same 
meaning as applies in the administration of sections 2366 and 2399 of 
title 10, United States Code, with regard to any other form of 
acquisition.
    (d) Source Selection for Integrated Support of Aerial Refueling 
Aircraft Fleet.--For the selection of a provider of integrated support 
for the aerial refueling aircraft fleet in any acquisition by lease or 
other contract of aerial refueling aircraft for the Air Force, the 
Secretary of the Air Force shall--
            (1) before selecting the provider, perform all analyses 
        required by law of--
                    (A) the costs and benefits of--
                            (i) the alternative of using Federal 
                        Government personnel to provide such support; 
                        and
                            (ii) the alternative of using contractor 
                        personnel to provide such support;
                    (B) the core logistics requirements;
                    (C) use of performance-based logistics; and
                    (D) the length of contract period; and
            (2) select the provider on the basis of fairly conducted 
        full and open competition (as defined in section 4(6) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 403(6))).
    (e) Price Information.--Before the Secretary of the Air Force 
commits to acquiring by lease or other contract any aerial refueling 
aircraft for the Air Force, the Secretary shall require the 
manufacturer to provide, with respect to commercial items covered by 
the lease or contract, appropriate information on the prices at which 
the same or similar items have previously been sold that is adequate 
for evaluating the reasonableness of the price for the items.
    (f) Audit Services.--The Secretary of the Air Force shall contact 
the Office of the Inspector General for the Department of Defense for 
review and approval of any Air Force use of non-Federal audit services 
for any lease or other contract for the acquisition of aerial refueling 
aircraft.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                     Subtitle A--Reserve Components

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

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

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

    (a) Establishment.--There is established a commission to be known 
as the ``Commission on the National Guard and Reserves'' (hereafter in 
this section referred to as the ``Commission'').
    (b) Composition.--(1) The Commission shall be composed of 13 
members appointed as follows:
            (A) Three members appointed by the chairman of the 
        Committee on Armed Services of the Senate.
            (B) Three members appointed by the chairman of the 
        Committee on Armed Services of the House of Representatives.
            (C) Two members appointed by the ranking minority member of 
        the Committee on Armed Services of the Senate.
            (D) Two members appointed by the ranking minority member of 
        the Committee on Armed Service of the House of Representatives.
            (E) Three members appointed by the Secretary of Defense.
    (2) The members of the Commission shall be appointed from among 
persons who have knowledge and expertise in the following areas:
            (A) National security.
            (B) Roles and missions of any of the Armed Forces.
            (C) The mission, operations, and organization of the 
        National Guard of the United States.
            (D) The mission, operations, and organization of the other 
        reserve components of the Armed Forces.
            (E) Military readiness of the Armed Forces.
            (F) Personnel pay and other forms of compensation.
            (G) Other personnel benefits, including health care.
    (3) Members of the Commission shall be appointed for the life of 
the Commission. A vacancy in the membership of the Commission shall not 
affect the powers of the Commission, but shall be filled in the same 
manner as the original appointment.
    (4) The Secretary of Defense shall designate a member of the 
Commission to be chairman of the Commission.
    (c) Duties.--(1) The Commission shall carry out a study of the 
following matters:
            (A) The roles and missions of the National Guard and the 
        other reserve components of the Armed Forces.
            (B) The compensation and other benefits, including health 
        care benefits, that are provided for members of the reserve 
        components under the laws of the United States.
    (2) In carrying out the study under paragraph (1), the Commission 
shall--
            (A) assess the current roles and missions of the reserve 
        components and identify appropriate potential future roles and 
        missions for the reserve components;
            (B) assess the capabilities of the reserve components and 
        determine how the units and personnel of the reserve components 
        may be best used to support the military operations of the 
        Armed Forces and the achievement of national security 
        objectives, including homeland defense, of the United States;
            (C) assess--
                    (i) the current organization and structure of the 
                National Guard and the other reserve components; and
                    (ii) the plans of the Department of Defense and the 
                Armed Forces for future organization and structure of 
                the National Guard and the other reserve components;
            (D) assess the manner in which the National Guard and the 
        other reserve components are currently organized and funded for 
        training and identify an organizational and funding structure 
        for training that best supports the achievement of training 
        objectives and operational readiness;
            (E) assess the effectiveness of the policies and programs 
        of the National Guard and the other reserve components for 
        achieving operational readiness and personnel readiness, 
        including medical and personal readiness;
            (F) assess--
                    (i) the adequacy and appropriateness of the 
                compensation and benefits currently provided for the 
                members of the National Guard and the other reserve 
                components, including the availability of health care 
                benefits and health insurance; and
                    (ii) the effects of proposed changes in 
                compensation and benefits on military careers in both 
                the regular and the reserve components of the Armed 
                Forces;
            (G) identify various feasible options for improving the 
        compensation and other benefits available to the members of the 
        National Guard and the members of the other reserve components 
        and assess--
                    (i) the cost-effectiveness of such options; and
                    (ii) the foreseeable effects of such options on 
                readiness, recruitment, and retention of personnel for 
                careers in the regular and reserve components the Armed 
                Forces;
            (H) assess the traditional military career paths for 
        members of the National Guard and the other reserve components 
        and identify alternative career paths that could enhance 
        professional development; and
            (I) assess the adequacy of the funding provided for the 
        National Guard and the other reserve components for several 
        previous fiscal years, including the funding provided for 
        National Guard and reserve component equipment and the funding 
        provided for National Guard and other reserve component 
        personnel in active duty military personnel accounts and 
        reserve military personnel accounts.
    (d) First Meeting.--The Commission shall hold its first meeting not 
later than 30 days after the date on which all members of the 
Commission have been appointed.
    (e) Administrative and Procedural Authorities.--(1) Except as 
provided in paragraph (2), sections 955, 956, 957, 958, and 959 of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1740; 10 U.S.C 111 note) shall apply to the 
Commission.
    (2)(A) The daily rate of pay payable under section 957(a) of Public 
Law 103-160 shall be equal to the daily rate of basic pay prescribed 
for level IV of the Executive Schedule.
    (B) Section 957(f) of Public Law 103-160 (relating to services of 
federally funded research and development centers) shall not apply to 
the Commission.
    (3) The following provisions of law do not apply to the Commission:
            (A) Section 3161 of title 5, United States Code.
            (B) The Federal Advisory Committee Act (5 U.S.C. App.).
    (f) Reports.--(1) Not later than March 31, 2005, the Commission 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report setting forth--
            (A) a strategic plan for the work of the Commission;
            (B) a discussion of the activities of the Commission; and
            (C) any initial findings of the Commission.
    (2) Not later than December 31, 2005, the Commission shall submit a 
final report to the Committees of Congress referred to in paragraph 
(1). The final report shall include any recommendations that the 
Commission determines appropriate, including any recommended 
legislation, policies, regulations, directives, and practices.
    (g) Termination.--The Commission shall terminate 90 days after the 
date on which the final report is submitted under subsection (f)(2).
    (h) Annual Review Board.--(1)(A) Chapter 7 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 186. Reserve components: annual review
    ``(a) Independent Review Board.--The Secretary of Defense shall 
appoint a board to review the reserve components of the armed forces.
    ``(b) Composition of Board.--(1) The Secretary shall appoint the 
members of the board from among persons who have knowledge and 
expertise in the following areas:
            ``(A) National security.
            ``(B) Roles and missions of any of the armed forces.
            ``(C) The mission, operations, and organization of any of 
        the reserve components.
            ``(D) Military readiness of the armed forces.
            ``(E) Personnel pay and other forms of compensation.
            ``(F) Other personnel benefits, including health care.
    ``(2) The Secretary of Defense shall designate a member of the 
board to be chairman of the board.
    ``(c) Duties.--The board shall, on an annual basis--
            ``(1) review--
                    ``(A) the roles and missions of the reserve 
                components; and
                    ``(B) the compensation and other benefits, 
                including health care benefits, that are provided for 
                members of the reserve components under the laws of the 
                United States; and
            ``(2) submit to the Secretary of Defense a report on the 
        review, which shall include the findings of the board regarding 
        the matters reviewed and any recommendations that the board 
        considers appropriate regarding those matters.
    ``(d) Report to Congress.--Promptly after receiving the report 
under subsection (c)(2), the Secretary shall transmit the report, 
together with any comments and recommendations that the Secretary 
considers appropriate, to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives.
    ``(e) Administrative Provisions.--Section 180(d) of this title 
shall apply to the members of the review board appointed under this 
section.''.
    (B) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

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

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

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

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

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

    (a) Redesignation of Position.--Subsection (a)(1) of section 10505 
of title 10, United States Code, is amended by striking ``Vice Chief of 
the National Guard Bureau'' and inserting ``Director of the Joint Staff 
of the National Guard Bureau''.
    (b) Conforming Amendments.--(1) Subsections (a)(3)(A), (a)(3)(B), 
(b), (c), and (d) of section 10505 of title 10, United States Code, are 
amended by striking ``Vice Chief of the National Guard Bureau'' and 
inserting ``Director of the Joint Staff of the National Guard Bureau''.
    (2) Subsection (a)(3)(B) of such section, as amended by paragraph 
(1), is further amended by striking ``as the Vice Chief'' and inserting 
``as the Director''.
    (3) Paragraphs (2) and (4) of subsection (a) of such section are 
amended by striking ``Chief and Vice Chief of the National Guard 
Bureau'' and inserting ``Chief of the National Guard Bureau and the 
Director of the Joint Staff of the National Guard Bureau''.
    (4)(A) Subsection (e) of such section is amended--
            (i) by striking ``Chief and Vice Chief of the National 
        Guard Bureau or in the absence or disability of both the Chief 
        and Vice Chief of the National Guard Bureau'' and inserting 
        ``Chief of the National Guard Bureau and the Director of the 
        Joint Staff of the National Guard Bureau or in the absence or 
        disability of both the Chief and the Director''; and
            (ii) by striking ``Chief or Vice Chief'' both places it 
        appears and inserting ``Chief or Director''.
    (B) The heading for such subsection is amended by striking ``Vice 
Chief.--'' and inserting ``Director of the Joint Staff.--''.
    (5) Section 10506(a)(1) of title 10, United States Code, is amended 
by striking ``Chief and Vice Chief of the National Guard Bureau'' and 
inserting ``Chief of the National Guard Bureau and the Director of the 
Joint Staff of the National Guard Bureau''.
    (c) Clerical Amendments.--(1) The heading for section 10505 of 
title 10, United States Code, is amended to read as follows:
``Sec. 10505. Director of the Joint Staff of the National Guard 
              Bureau''.
    (2) The item relating to such section in the table of sections at 
the beginning of chapter 1011 of such title is amended to read as 
follows:

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

SEC. 905. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE.

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

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

    (a) Authority.--Chapter 1 of title 32, United States Code, is 
amended by adding at the end the following new section:
``Sec. 116. Homeland security activities
    ``(a) Use of Personnel Performing Full-Time National Guard Duty.--
The Governor of a State may, upon the request by the head of a Federal 
agency and with the concurrence of the Secretary of Defense, order any 
personnel of the National Guard of the State to perform full-time 
National Guard duty under section 502(f) of this title for the purpose 
of carrying out homeland security activities, as described in 
subsection (b).
    ``(b) Purpose and Duration.--(1) The purpose for the use of 
personnel of the National Guard of a State under this section is to 
temporarily provide trained and disciplined personnel to a Federal 
agency to assist that agency in carrying out homeland security 
activities.
    ``(2) The duration of the use of the National Guard of a State 
under this section shall be limited to a period of 180 days. The 
Governor of the State may, with the concurrence of the Secretary of 
Defense, extend the period one time for an additional 90 days to meet 
extraordinary circumstances.
    ``(c) Relationship to Required Training.-- A member of the National 
Guard serving on full-time National Guard duty under orders authorized 
under subsection (a) shall participate in the training required under 
section 502(a) of this title in addition to the duty performed for the 
purpose authorized under that subsection. The pay, allowances, and 
other benefits of the member while participating in the training shall 
be the same as those to which the member is entitled while performing 
duty for the purpose of carrying out homeland security activities. The 
member is not entitled to additional pay, allowances, or other benefits 
for participation in training required under section 502(a)(1) of this 
title.
    ``(d) Readiness.--To ensure that the use of units and personnel of 
the National Guard of a State for homeland security activities does not 
degrade the training and readiness of such units and personnel, the 
following requirements shall apply in determining the homeland security 
activities that units and personnel of the National Guard of a State 
may perform:
            ``(1) The performance of the activities may not adversely 
        affect the quality of that training or otherwise interfere with 
        the ability of a member or unit of the National Guard to 
        perform the military functions of the member or unit.
            ``(2) National Guard personnel will not degrade their 
        military skills as a result of performing the activities.
            ``(3) The performance of the activities will not result in 
        a significant increase in the cost of training.
            ``(4) In the case of homeland security performed by a unit 
        organized to serve as a unit, the activities will support valid 
        unit training requirements.
    ``(e) Payment of Costs.--(1) The Secretary of Defense shall provide 
funds to the Governor of a State to pay costs of the use of personnel 
of the National Guard of the State for the performance of homeland 
security activities under this section. Such funds shall be used for 
the following costs:
            ``(A) The pay, allowances, clothing, subsistence, 
        gratuities, travel, and related expenses (including all 
        associated training expenses, as determined by the Secretary), 
        as authorized by State law, of personnel of the National Guard 
        of that State used, while not in Federal service, for the 
        purpose of homeland security activities.
            ``(B) The operation and maintenance of the equipment and 
        facilities of the National Guard of that State used for the 
        purpose of homeland security activities.
    ``(2) The Secretary of Defense shall require the head of an agency 
receiving support from the National Guard of a State in the performance 
of homeland security activities under this section to reimburse the 
Department of Defense for the payments made to the State for such 
support under paragraph (1).
    ``(f) Memorandum of Agreement.--The Secretary of Defense and the 
Governor of a State shall enter into a memorandum of agreement with the 
head of each Federal agency to which the personnel of the National 
Guard of that State are to provide support in the performance of 
homeland security activities under this section. The memorandum of 
agreement shall--
            ``(1) specify how personnel of the National Guard are to be 
        used in homeland security activities;
            ``(2) include a certification by the Adjutant General of 
        the State that those activities are to be performed at a time 
        when the personnel are not in Federal service;
            ``(3) include a certification by the Adjutant General of 
        the State that--
                    ``(A) participation by National Guard personnel in 
                those activities is service in addition to training 
                required under section 502 of this title; and
                    ``(B) the requirements of subsection (d) of this 
                section will be satisfied;
            ``(4) include a certification by the Attorney General of 
        the State (or, in the case of a State with no position of 
        Attorney General, a civilian official of the State equivalent 
        to a State attorney general), that the use of the National 
        Guard of the State for the activities provided for under the 
        memorandum of agreement is authorized by, and is consistent 
        with, State law;
            ``(5) include a certification by the Governor of the State 
        or a civilian official of the State designated by the Governor 
        that the activities provided for under the memorandum of 
        agreement serve a State security purpose; and
            ``(6) include a certification by the head of the Federal 
        agency that the agency will have a plan to ensure that the 
        agency's requirement for National Guard support ends not later 
        than 179 days after the commencement of the support.
    ``(g) Exclusion From End-Strength Computation.--Notwithstanding any 
other provision of law, members of the National Guard on active duty or 
full-time National Guard duty for the purposes of administering (or 
during fiscal year 2003 otherwise implementing) this section shall not 
be counted toward the annual end strength authorized for Reserves on 
active duty in support of the reserve components of the armed forces or 
toward the strengths authorized in sections 12011 and 12012 of title 
10.
    ``(h) Annual Report.--The Secretary of Defense shall submit to 
Congress an annual report regarding any assistance provided and 
activities carried out under this section during the preceding fiscal 
year. The report shall include the following:
            ``(1) The number of members of the National Guard excluded 
        under subsection (g) from the computation of end strengths.
            ``(2) A description of the homeland security activities 
        conducted with funds provided under this section.
            ``(3) An accounting of the amount of funds provided to each 
        State.
            ``(4) A description of the effect on military training and 
        readiness of using units and personnel of the National Guard to 
        perform homeland security activities under this section.
    ``(i) Statutory Construction.--Nothing in this section shall be 
construed as a limitation on the authority of any unit of the National 
Guard of a State, when such unit is not in Federal service, to perform 
functions authorized to be performed by the National Guard by the laws 
of the State concerned.
    ``(j) Definitions.--For purposes of this section:
            ``(1) The term `Governor of a State' means, in the case of 
        the District of Columbia, the Commanding General of the 
        National Guard of the District of Columbia.
            ``(2) The term `State' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, or a 
        territory or possession of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such section is amended by adding at the end the following new item:

``116. Homeland security activities.''.

                       Subtitle B--Other Matters

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

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

SEC. 912. DIRECTORS OF SMALL BUSINESS PROGRAMS.

    (a) Redesignation of Existing Positions and Offices.--(1) Each of 
the following positions within the Department of Defense is 
redesignated as the Director of Small Business Programs:
            (A) The Director of Small and Disadvantaged Business 
        Utilization of the Department of Defense.
            (B) The Director of Small and Disadvantaged Business 
        Utilization of the Department of the Army.
            (C) The Director of Small and Disadvantaged Business 
        Utilization of the Department of the Navy.
            (D) The Director of Small and Disadvantaged Business 
        Utilization of the Department of the Air Force.
    (2) Each of the following offices within the Department of Defense 
is redesignated as the Office of Small Business Programs:
            (A) The Office of Small and Disadvantaged Business 
        Utilization of the Department of Defense.
            (B) The Office of Small and Disadvantaged Business 
        Utilization of the Department of the Army.
            (C) The Office of Small and Disadvantaged Business 
        Utilization of the Department of the Navy.
            (D) The Office of Small and Disadvantaged Business 
        Utilization of the Department of the Air Force.
    (3) Any reference that is made in any law, regulation, document, 
paper, or other record of the United States to a position or office 
redesignated by paragraph (1) or (2) shall be deemed to be a reference 
to the position or office as so redesignated.
    (b) Department of Defense Position and Office.--(1) Chapter 4 of 
title 10, United States Code, is amended by inserting after section 
133b the following new section:
``Sec. 133c. Director of Small Business Programs
    ``(a) Director.--There is a Director of Small Business Programs in 
the Department of Defense. The Director is appointed by the Secretary 
of Defense.
    ``(b) Office of Small Business Programs.--The Office of Small 
Business Programs of the Department of Defense is the office that is 
established within the Office of the Secretary of Defense under section 
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of 
Small Business Programs is the head of such office.
    ``(c) Duties and Powers.--(1) The Director of Small Business 
Programs shall, subject to paragraph (2), perform such duties regarding 
small business programs of the Department of Defense, and shall 
exercise such powers regarding those programs, as the Secretary of 
Defense may prescribe.
    ``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), 
except for the designations of the Director and the Office, applies to 
the Director of Small Business Programs.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 133b the 
following new item:

``133c. Director of Small Business Programs.''.
    (c) Department of the Army Position and Office.--(1) Chapter 303 of 
title 10, United States Code, is amended by adding at the end the 
following new section:
``Sec. 3024. Director of Small Business Programs
    ``(a) Director.--There is a Director of Small Business Programs in 
the Department of the Army. The Director is appointed by the Secretary 
of the Army.
    ``(b) Office of Small Business Programs.--The Office of Small 
Business Programs of the Department of the Army is the office that is 
established within the Department of the Army under section 15(k) of 
the Small Business Act (15 U.S.C. 644(k)). The Director of Small 
Business Programs is the head of such office.
    ``(c) Duties and Powers.--(1) The Director of Small Business 
Programs shall, subject to paragraph (2), perform such duties regarding 
small business programs of the Department of the Army, and shall 
exercise such powers regarding those programs, as the Secretary of the 
Army may prescribe.
    ``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), 
except for the designations of the Director and the Office, applies to 
the Director of Small Business Programs.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``3024. Director of Small Business Programs.''.
    (d) Department of the Navy Position and Office.--(1) Chapter 503 of 
title 10, United States Code, is amended by adding at the end the 
following new section:
``Sec. 5028. Director of Small Business Programs
    ``(a) Director.--There is a Director of Small Business Programs in 
the Department of the Navy. The Director is appointed by the Secretary 
of the Navy.
    ``(b) Office of Small Business Programs.--The Office of Small 
Business Programs of the Department of the Navy is the office that is 
established within the Department of the Navy under section 15(k) of 
the Small Business Act (15 U.S.C. 644(k)). The Director of Small 
Business Programs is the head of such office.
    ``(c) Duties and Powers.--(1) The Director of Small Business 
Programs shall, subject to paragraph (2), perform such duties regarding 
small business programs of the Department of the Navy, and shall 
exercise such powers regarding those programs, as the Secretary of the 
Navy may prescribe.
    ``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), 
except for the designations of the Director and the Office, applies to 
the Director of Small Business Programs.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``5028. Director of Small Business Programs.''.
    (d) Department of the Air Force Position and Office.--(1) Chapter 
803 of title 10, United States Code, is amended by adding at the end 
the following new section:
``Sec. 8024. Director of Small Business Programs
    ``(a) Director.--There is a Director of Small Business Programs in 
the Department of the Air Force. The Director is appointed by the 
Secretary of the Air Force.
    ``(b) Office of Small Business Programs.--The Office of Small 
Business Programs of the Department of the Air Force is the office that 
is established within the Department of the Air Force under section 
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of 
Small Business Programs is the head of such office.
    ``(c) Duties and Powers.--(1) The Director of Small Business 
Programs shall, subject to paragraph (2), perform such duties regarding 
small business programs of the Department of the Air Force, and shall 
exercise such powers regarding those programs, as the Secretary of the 
Air Force may prescribe.
    ``(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), 
except for the designations of the Director and the Office, applies to 
the Director of Small Business Programs.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

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

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

    (a) Designation of President.--(1) The position of Superintendent 
of the Naval Postgraduate School is redesignated as President of the 
Naval Postgraduate School.
    (2) Any reference to the Superintendent of the Naval Postgraduate 
School in any law, rule, regulation, document, record, or other paper 
of the United States shall be deemed to be a reference to the President 
of the Naval Postgraduate School.
    (3) Sections 7042, 7044, 7048(a), and 7049(e) of title 10, United 
States Code, are amended by striking ``Superintendent'' each place it 
appears and inserting ``President''.
    (4) The heading of section 7042 of such title is amended by 
striking ``Superintendent;'' in the section heading and inserting 
``President;''.
    (b) Provost and Academic Dean.--(1) The position of Academic Dean 
of the Naval Postgraduate School is redesignated as Provost and 
Academic Dean of the Naval Postgraduate School.
    (2) Any reference to the Academic Dean of the Naval Postgraduate 
School in any law, rule, regulation, document, record, or other paper 
of the United States shall be deemed to be a reference to the Provost 
and Academic Dean of the Naval Postgraduate School.
    (3)(A) Subsection (a) of section 7043 of title 10, United States 
Code, is amended to read as follows:
    ``(a) There is at the Naval Postgraduate School the single civilian 
position of Provost and Academic Dean. The Provost and Academic Dean 
shall be appointed, to serve for periods of not more than five years, 
by the Secretary of the Navy. Before making an appointment to the 
position of Provost and Academic Dean, the Secretary shall consult with 
the Board of Advisors for the Naval Postgraduate School and consider 
any recommendation of the leadership and faculty of the Naval 
Postgraduate School regarding an appointment to the position.''.
    (B) The heading of such section is amended to read as follows:
``Sec. 7043. Provost and Academic Dean''.
    (4) Sections 7043(b) and 7081(a) of title 10, United States Code, 
are amended by striking ``Academic Dean'' and inserting ``Provost and 
Academic Dean''.
    (5) Section 5102(c)(10) of title 5, United States Code, is amended 
by striking ``Academic Dean of the Postgraduate School of the Naval 
Academy'' and inserting ``Provost and Academic Dean of the Naval 
Postgraduate School''.
    (c) Clerical Amendments.--The table of sections at the beginning of 
chapter 605 of such title 10, United States Code, is amended by 
striking the items related to sections 7042 and 7043 and inserting the 
following new items:

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

SEC. 914. UNITED STATES MILITARY CANCER INSTITUTE.

    (a) Establishment.--Chapter 104 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2117. United States Military Cancer Institute
    ``(a) Establishment.--(1) There is a United States Military Cancer 
Institute in the University. The Director of the United States Military 
Cancer Institute is the head of the Institute.
    ``(2) The Institute is composed of clinical and basic scientists in 
the Department of Defense who have an expertise in research, patient 
care, and education relating to oncology and who meet applicable 
criteria for participation in the Institute.
    ``(3) The components of the Institute include military treatment 
and research facilities that meet applicable criteria and are 
designated as affiliates of the Institute.
    ``(b) Research.--(1) The Director of the United States Military 
Cancer Institute shall carry out research studies on the following:
            ``(A) The epidemiological features of cancer, including 
        assessments of the carcinogenic effect of genetic and 
        environmental factors, and of disparities in health, inherent 
        or common among populations of various ethnic origins.
            ``(B) The prevention and early detection of cancer.
            ``(C) Basic, translational, and clinical investigation 
        matters relating to the matters described in subparagraphs (A) 
        and (B).
    ``(2) The research studies under paragraph (1) shall include 
complementary research on oncologic nursing.
    ``(c) Collaborative Research.--The Director of the United States 
Military Cancer Institute shall carry out the research studies under 
subsection (b) in collaboration with other cancer research 
organizations and entities selected by the Institute for purposes of 
the research studies.
    ``(d) Annual Report.--(1) Promptly after the end of each fiscal 
year, the Director of the United States Military Cancer Institute shall 
submit to the President of the University a report on the results of 
the research studies carried out under subsection (b).
    ``(2) Not later than 60 days after receiving the annual report 
under paragraph (1), the President of the University shall transmit 
such report to the Secretary of Defense and to Congress.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.

    (a) Department of the Army.--(1) Section 3019(b) of title 10, 
United States Code, is amended by striking ``The General Counsel'' and 
inserting ``Subject to sections 806 and 3037 of this title, the General 
Counsel''.
    (2)(A) Section 3037 of such title is amended to read as follows:
``Sec. 3037. Judge Advocate General, Assistant Judge Advocate General: 
              appointment; duties
    ``(a) Position of Judge Advocate General.--There is a Judge 
Advocate General in the Army, who is appointed by the President, by and 
with the advice and consent of the Senate, from officers of the Judge 
Advocate General's Corps. The term of office is four years, but may be 
sooner terminated or extended by the President. The Judge Advocate 
General, while so serving, has the grade of lieutenant general.
    ``(b) Appointment.--The Judge Advocate General of the Army shall be 
appointed from those officers who at the time of appointment are 
members of the bar of a Federal court or the highest court of a State 
or Territory, and who have had at least eight years of experience in 
legal duties as commissioned officers.
    ``(c) Duties.--The Judge Advocate General, in addition to other 
duties prescribed by law--
            ``(1) is the legal adviser of the Secretary of the Army, 
        the Chief of Staff of the Army, and the Army Staff, and of all 
        offices and agencies of the Department of the Army;
            ``(2) shall direct and supervise the members of the Judge 
        Advocate General's Corps and civilian attorneys employed by the 
        Department of the Army (other than those assigned or detailed 
        to the Office of the General Counsel of the Army) in the 
        performance of their duties;
            ``(3) shall direct and supervise the performance of duties 
        under chapter 47 of this title (the Uniform Code of Military 
        Justice) by any member of the Army;
            ``(4) shall receive, revise, and have recorded the 
        proceedings of courts of inquiry and military commissions; and
            ``(5) shall perform such other legal duties as may be 
        directed by the Secretary of the Army.
    ``(d) Position of Assistant Judge Advocate General.--There is an 
Assistant Judge Advocate General in the Army, who is appointed by the 
President, by and with the advice and consent of the Senate, from 
officers of the Army who have the qualifications prescribed in 
subsection (b) for the Judge Advocate General. The term of office of 
the Assistant Judge Advocate General is four years, but may be sooner 
terminated or extended by the President. An officer appointed as 
Assistant Judge Advocate General who holds a lower regular grade shall 
be appointed in the regular grade of major general.
    ``(e) Appointments Recommended by Selection Boards.--Under 
regulations prescribed by the Secretary of Defense, the Secretary of 
the Army, in selecting an officer for recommendation to the President 
under subsection (a) for appointment as the Judge Advocate General or 
under subsection (d) for appointment as the Assistant Judge Advocate 
General, shall ensure that the officer selected is recommended by a 
board of officers that, insofar as practicable, is subject to the 
procedures applicable to selection boards convened under chapter 36 of 
this title.''.
    (B) The item relating to such section in the table of sections at 
the beginning of chapter 305 of such title is amended to read as 
follows:

``3037. Judge Advocate General, Assistant Judge Advocate General: 
                            appointment; duties.''.
    (b) Department of the Navy.--(1) Section 5019(b) of title 10, 
United States Code, is amended by striking ``The General Counsel'' and 
inserting ``Subject to sections 806 and 5148 of this title, the General 
Counsel''.
    (2) Section 5148 of such title is amended--
            (A) in subsection (b), by striking the fourth sentence and 
        inserting the following: ``The Judge Advocate General, while so 
        serving, has the grade of vice admiral or lieutenant general, 
        as appropriate.''; and
            (B) by striking subsection (d) and inserting the following:
    ``(d) The Judge Advocate General, in addition to other duties 
prescribed by law--
            ``(1) is the legal adviser of the Secretary of the Navy, 
        the Chief of Naval Operations, and all offices, bureaus, and 
        agencies of the Department of the Navy;
            ``(2) shall direct and supervise the judge advocates of the 
        Navy and the Marine Corps and civilian attorneys employed by 
        the Department of the Navy (other than those assigned or 
        detailed to the Office of the General Counsel of the Navy) in 
        the performance of their duties;
            ``(3) shall direct and supervise the performance of duties 
        under chapter 47 of this title (the Uniform Code of Military 
        Justice) by any member of the Navy or Marine Corps;
            ``(4) shall receive, revise, and have recorded the 
        proceedings of courts of inquiry and military commissions; and
            ``(5) shall perform such other legal duties as may be 
        directed by the Secretary of the Navy.''.
    (c) Department of the Air Force.--(1) Section 8019(b) of title 10, 
United States Code, is amended by striking ``The General Counsel'' and 
inserting ``Subject to sections 806 and 8037 of this title, the General 
Counsel''.
    (2) Section 8037 of such title is amended--
            (A) in subsection (a), by striking the third sentence and 
        inserting the following: ``The Judge Advocate General, while so 
        serving, has the grade of lieutenant general.''; and
            (B) in subsection (c)--
                    (i) by striking ``General shall,'' in the matter 
                preceding paragraph (1) and inserting ``General,'';
                    (ii) by redesignating paragraphs (1) and (2) as 
                paragraphs (4) and (5), respectively, and, in each such 
                paragraph, by inserting ``shall'' before the first 
                word; and
                    (iii) by inserting after paragraph (1) the 
                following new paragraphs:
            ``(1) is the legal adviser of the Secretary of the Air 
        Force, the Chief of Staff of the Air Force, and the Air Staff, 
        and of all offices and agencies of the Department of the Air 
        Force;
            ``(2) shall direct and supervise the members of the Air 
        Force designated as judge advocates and civilian attorneys 
        employed by the Department of the Air Force (other than those 
        assigned or detailed to the Office of the General Counsel of 
        the Air Force) in the performance of their duties;
            ``(3) shall direct and supervise the performance of duties 
        under chapter 47 of this title (the Uniform Code of Military 
        Justice) by any member of the Air Force;''.
    (d) Exclusion From Limitation on General and Flag Officer 
Distribution.--Section 525(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
    ``(9) An officer while serving as the Judge Advocate General of the 
Army, the Judge Advocate General of the Navy, or the Judge Advocate 
General of the Air Force is in addition to the number that would 
otherwise be permitted for that officer's armed force for officers 
serving on active duty in grades above major general or rear admiral 
under paragraph (1) or (2), as the case may be.''.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

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

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

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

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

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

SEC. 1004. DEFENSE BUSINESS SYSTEMS INVESTMENT MANAGEMENT.

    (a) Requirement for Defense Business Enterprise Architecture and 
Transition Plan.--(1) Not later than September 30, 2005, the Secretary 
of Defense shall develop--
            (A) a defense business enterprise architecture covering all 
        defense business systems of the Department of Defense and the 
        functions and activities supported by such systems that--
                    (i) is sufficiently defined to effectively guide, 
                constrain, and permit implementation of interoperable 
                business system solutions; and
                    (ii) is consistent with the applicable policies and 
                procedures prescribed by the Director of the Office of 
                Management and Budget; and
            (B) a transition plan for implementing the defense business 
        enterprise architecture.
    (2) In carrying out paragraph (1), the Secretary shall act through 
the Defense Business Systems Management Committee established under 
subsection (h).
    (b) Composition of Enterprise Architecture.--The defense business 
enterprise architecture developed under subsection (a)(1)(A) shall 
include the following:
            (1) An information infrastructure that, at a minimum, would 
        enable the Department of Defense to--
                    (A) comply with all Federal accounting, financial 
                management, and reporting requirements;
                    (B) routinely produce timely, accurate, and 
                reliable financial information for management purposes;
                    (C) integrate budget, accounting, and program 
                information and systems; and
                    (D) provide for the systematic measurement of 
                performance, including the ability to produce timely, 
                relevant, and reliable cost information.
            (2) Policies, procedures, data standards, and system 
        interface requirements that are to apply uniformly throughout 
        the Department of Defense.
    (c) Composition of Transition Plan.--(1) The transition plan 
developed under subsection (a)(1)(B) shall include the following:
            (A) The acquisition strategy for new systems that are 
        expected to be needed to complete the defense business 
        enterprise architecture.
            (B) A listing of the defense business systems as of 
        December 2, 2002 (known as ``legacy systems''), that will not 
        be part of the objective defense business enterprise 
        architecture, together with the schedule for terminating those 
        legacy systems that provides for reducing the use of those 
        legacy systems in phases.
            (C) A listing of the legacy systems (referred to in 
        subparagraph (B)) that will be a part of the objective defense 
        business system, together with a strategy for making the 
        modifications to those systems that will be needed to ensure 
        that such systems comply with the defense business enterprise 
        architecture.
    (2) Each of the strategies under paragraph (1) shall include 
specific time-phased milestones, performance metrics, and a statement 
of the financial and nonfinancial resource needs.
    (d) Conditions for Use of Funds for Defense Business System 
Modernization.--(1) After September 30, 2005, an officer or employee of 
the United States may not obligate or expend an amount in excess of 
$1,000,000 for a defense business system modernization unless the 
Secretary of Defense or the official delegated authority for the system 
covered by such modernization under subsection (e) has determined in 
writing that such defense business system modernization--
            (A) is consistent with the defense business enterprise 
        architecture and transition plan developed under subsection 
        (a); or
            (B) is necessary to--
                    (i) achieve a critical national security capability 
                or address a critical requirement in an area such as 
                safety or security; or
                    (ii) prevent a significant adverse effect on a 
                project that is needed to achieve an essential 
                capability, taking into consideration the alternative 
                solutions for preventing such adverse effect.
    (2) A violation of paragraph (1) is a violation of section 
1341(a)(1)(A) of title 31, United States Code.
    (e) Accountability for Defense Business Systems.--The Secretary of 
Defense shall delegate authority for the planning, design, acquisition, 
development, deployment, operation, maintenance, modernization, and 
oversight of defense business systems as follows:
            (1) To the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics, for--
                    (A) defense business systems the primary purpose of 
                which is to support acquisition activities in the 
                Department of Defense;
                    (B) defense business systems the primary purpose of 
                which is to support logistics activities in the 
                Department of Defense; and
                    (C) defense business systems the primary purpose of 
                which is to support installations and environment 
                activities in the Department of Defense.
            (2) To the Under Secretary of Defense (Comptroller) and 
        Chief Financial Officer, for--
                    (A) defense business systems the primary purpose of 
                which is to support financial management activities in 
                the Department of Defense; and
                    (B) defense business systems the primary purpose of 
                which is to support strategic planning and budgeting 
                activities in the Department of Defense.
            (3) To the Under Secretary of Defense for Personnel and 
        Readiness, for defense business systems the primary purpose of 
        which is to support human resource management activities in the 
        Department of Defense.
            (4) To the Assistant Secretary of Defense (Networks and 
        Information Integration) and Chief Information Officer, for 
        defense business systems the primary purpose of which is to 
        support information technology infrastructure and information 
        assurance activities of the Department of Defense.
            (5) To the Deputy Secretary of Defense or an Under 
        Secretary of Defense, as designated by the Secretary of 
        Defense, for defense business systems the primary purpose of 
        which is to support any activity of the Department of Defense 
        not described in another paragraph of this subsection.
    (f) Defense Business System Investment Review.--(1) The Secretary 
of Defense shall require each official to whom authority is delegated 
under subsection (e) to establish an investment review process to 
review the planning, design, acquisition, development, deployment, 
operation, maintenance, and modernization of all defense business 
systems covered by the authority so delegated to that official, and to 
analyze project cost benefits and risks of such systems.
    (2) Each investment review process established under paragraph (1) 
shall be consistent with the requirements of section 11312 of title 40, 
United States Code, and shall include the following features:
            (A) An investment review board composed of appropriate 
        officials from among the Armed Forces, combatant commands, the 
        Joint Staff, and Defense Agencies.
            (B) Review and approval, by the investment review board, of 
        each defense business system as an investment before the 
        obligation or expenditure of funds on such system.
            (C) Periodic review of each defense business system 
        investment not less often than annually.
            (D) Use of threshold criteria to ensure that each defense 
        business system investment, and that accountability for each 
        defense business system investment, is reviewed at a level of 
        review within the Department of Defense that is appropriate for 
        the scope, complexity, and cost of the investment.
            (E) Procedures for making determinations in accordance with 
        the requirements of subsection (d).
    (g) Defense Business Systems Budget Exhibit.--For each budget for a 
fiscal year after fiscal year 2005 that the President submits to 
Congress under section 1105(a) of title 31, United States Code, the 
Secretary of Defense shall include in the documentation on major 
functional category 050 (National Defense) that the Secretary submits 
to the congressional defense committees in support of such budget a 
defense business systems budget exhibit that includes the following 
information:
            (1) Identification of each defense business system for 
        which funding is proposed in that budget.
            (2) Identification of all funds, by appropriation, proposed 
        in that budget for each such system, including--
                    (A) funds for current services (to operate and 
                maintain the system); and
                    (B) funds for business systems modernization, 
                identified for each specific appropriation.
            (3) For each such system, identification of the official to 
        whom authority for such system is delegated under subsection 
        (e).
            (4) For each such system, a description of each 
        determination made under subsection (d) with regard to such 
        system.
    (h) Defense Business System Management Committee.--(1) The 
Secretary of Defense shall establish a Defense Business Systems 
Management Executive Committee. The Committee shall be composed of the 
following members:
            (A) The Deputy Secretary of Defense, who shall be the 
        chairman of the Committee.
            (B) The Under Secretary of Defense for Acquisition, 
        Logistics, and Technology.
            (C) The Under Secretary of Defense for Personnel and 
        Readiness.
            (D) The Under Secretary of Defense (Comptroller) and Chief 
        Financial Officer.
            (E) The Assistant Secretary of Defense (Networks and 
        Information Integration) and Chief Information Officer.
            (F) The Secretaries of the military departments.
            (G) The heads of the Defense Agencies.
            (H) Any personnel assigned to the Joint Staff, personnel 
        assigned to combatant commands, or other Department of Defense 
        personnel that the Secretary of Defense designates to serve on 
        the Committee.
    (2) In addition to any other duties assigned to the Committee by 
the Secretary of Defense, the Committee shall have the following 
duties:
            (A) To submit to the Secretary recommended policies and 
        procedures that the Committee considers necessary to 
        effectively integrate compliance with the requirements of this 
        section into all business activities and any transformation, 
        reform, reorganization, or process improvement initiatives 
        undertaken within the Department of Defense.
            (B) To review and approve defense business systems 
        modernization plans, including review and approval of any major 
        update of the defense business enterprise architecture.
            (C) To coordinate defense business system modernization 
        initiatives to maximize benefits and minimize costs for the 
        Department of Defense.
            (D) To ensure that funds are not obligated for the 
        modernization of any defense business system in violation of 
        subsection (d)(1).
            (E) To periodically report to the Secretary on the status 
        of defense business system modernization efforts.
    (i) Definitions.--In this section:
            (1) The term ``defense business system'' means any 
        information system (except a national security system, as 
        defined in section 2315 of title 10, United States Code) that 
        is operated by, for, or on behalf of the Department of Defense 
        to support business activities such as acquisition, financial 
        management, logistics, strategic planning and budgeting, 
        installations and environment, and human resource management.
            (2) The term ``enterprise architecture'' has the meaning 
        given that term in section 3601(4) of title 44, United States 
        Code.
            (3) The terms ``information system'' and ``information 
        technology'' have the meanings given those terms in section 
        11101 of title 40, United States Code.
            (4) The term ``modernization'', with respect to a defense 
        business system, means the acquisition or development of a new 
        defense business system or any significant modification or 
        enhancement of an existing defense business system (other than 
        as necessary to maintain current services).
    (j) Annual Report.--Not later than March 15 of 2005 and each year 
thereafter through 2009, the Secretary of Defense shall submit to the 
congressional defense committees a report on the progress made by the 
Department of Defense in implementing the defense business enterprise 
architecture and transition plan required by this section. Each report 
shall include, at a minimum, the following information:
            (1) A description of the specific actions taken and planned 
        to be taken to implement the defense business enterprise 
        architecture and the transition plan.
            (2) Specific milestones, performance measures, and resource 
        commitments for such actions.
    (k) Comptroller General Assessment.--Not later than 60 days after 
the date on which the Secretary of Defense approves the defense 
business enterprise architecture and transition plan developed under 
subsection (a), and again each year not later than 60 days after the 
submission of the annual report under subsection (j), the Comptroller 
General shall submit to the congressional defense committees an 
assessment of the extent to which the actions taken by the Department 
comply with the requirements of this section.
    (l) Relationship to Other Law.--Nothing in this section shall be 
construed to modify or affect the applicability of the restrictions and 
requirements provided in section 8088 of the Department of Defense 
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1556).
    (m) Repeal of Superseded Law.--Section 1004 of the Bob Stump 
National Defense Authorization Act for Fiscal Year 2003 (Public Law 
107-314; 116 Stat. 2629; 10 U.S.C. 113 note) is repealed.

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

    (a) United States Military Academy.--(1) Chapter 403 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 4359. Athletic and recreational extracurricular programs: 
              uniform funding
    ``The authority and conditions provided in section 2494 of this 
title shall also apply to any athletic or recreational extracurricular 
program of the Academy that--
            ``(1) is not considered a morale, welfare, or recreation 
        program referred to in such section;
            ``(2) is funded out of appropriated funds;
            ``(3) is supported by a supplemental mission 
        nonappropriated fund instrumentality; and
            ``(4) is not operated as a private organization.''.
    (2) The table of sections at the beginning of such title is amended 
by adding at the end the following new item:

``4359. Athletic and recreational extracurricular programs: uniform 
                            funding.''.
    (b) United States Naval Academy.--(1) Chapter 603 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 6978. Athletic and recreational extracurricular programs: 
              uniform funding
    ``The authority and conditions provided in section 2494 of this 
title shall also apply to any athletic or recreational extracurricular 
program of the Naval Academy that--
            ``(1) is not considered a morale, welfare, or recreation 
        program referred to in such section;
            ``(2) is funded out of appropriated funds;
            ``(3) is supported by a supplemental mission 
        nonappropriated fund instrumentality; and
            ``(4) is not operated as a private organization.''.
    (2) The table of sections at the beginning of such title is amended 
by adding at the end the following new item:

``6978. Athletic and recreational extracurricular programs: uniform 
                            funding.''.
    (c) United States Air Force Academy.--(1) Chapter 903 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 9358. Athletic and recreational extracurricular programs: 
              uniform funding
    ``The authority and conditions provided in section 2494 of this 
title shall also apply to any athletic or recreational extracurricular 
program of the Academy that--
            ``(1) is not considered a morale, welfare, or recreation 
        program referred to in such section;
            ``(2) is funded out of appropriated funds;
            ``(3) is supported by a supplemental mission 
        nonappropriated fund instrumentality; and
            ``(4) is not operated as a private organization.''.
    (2) The table of sections at the beginning of such title is amended 
by adding at the end the following new item:

``9358. Athletic and recreational extracurricular programs: uniform 
                            funding.''.
    (d) Effective Date and Applicability.--This section and the 
amendments made by this section shall take effect on October 1, 2004, 
and shall apply with respect to funds appropriated for fiscal years 
beginning on or after such date.

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

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

                Subtitle B--Naval Vessels and Shipyards

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

    (a) In General.--Chapter 633 of title 10, United States Code, is 
amended by inserting after section 7309 the following new section:
``Sec. 7309a. Service craft and boats: exchange or sale
    ``(a) In General.--The Secretary of the Navy may, in acquiring 
personal property under section 503 of title 40, exchange or sell 
obsolete Navy service craft or boats that are similar to such personal 
property and apply the exchange allowance or proceeds of sale in whole 
or part payment for such personal property.
    ``(b) Use of Proceeds for Cost of Preparation of Sale.--In selling 
a service craft or boat under subsection (a), the Secretary shall 
obtain, to the extent practicable, amounts necessary to recover the 
full costs, whether direct or indirect, incurred by the Navy in 
preparing the service craft or boat for sale, including costs of 
towing, storage, defueling, removal and disposal of hazardous wastes, 
environmental surveys to determine the presence of regulated materials 
containing polychlorinated biphenyl (PCB), removal and disposal of such 
materials, and other related costs.
    ``(c) Treatment of Additional Proceeds.--(1) Any proceeds of sale 
of a service craft or boat under subsection (a) that are in addition to 
amounts necessary to recover the costs of the preparation of sale of 
the service craft or boat under subsection (b) shall be deposited in an 
account in the Treasury established for purposes of this section.
    ``(2) Amounts in the account under paragraph (1) shall be available 
to the Secretary for the payment of costs associated with the 
preparation of obsolete Navy service craft or boats for sale or 
exchange under this section. Amounts in the account shall be available 
for that purpose without fiscal year limitation.
    ``(3) The Secretary shall, on a periodic basis, deposit amounts in 
the account under paragraph (1) that are in excess of the amounts 
otherwise utilized under paragraph (2) in the general Treasury as 
miscellaneous receipts, or in another account in the Treasury as 
otherwise provided by law.
    ``(d) Inapplicability of Certain Procurement Requirements.--
Notwithstanding section 503(b)(3) of title 40, section 3709 of the 
Revised Statutes (41 U.S.C. 5) shall not apply to the exchange or sale 
of service craft or boats under this section.
    ``(e) Regulations.--The Secretary may prescribe regulations 
relating to the exercise of authority under this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7309 the following new item:

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

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

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

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

    (a) In General.--Chapter 633 of title 10, United States Code, is 
amended by inserting after section 7305 the following new section:
``Sec. 7305a. Contracts for ship dismantling: award on net cost basis
    ``(a) Authority.--Notwithstanding any other provision of law, the 
Secretary of the Navy may use net cost as a criterion in the selection 
of an offeror for award of a contract for the dismantling of one or 
more ships stricken from the Naval Vessel Register and may accord that 
criterion such weight in the offer evaluation process as the Secretary 
considers appropriate and specifies in the solicitation of offers for 
that contract.
    ``(b) Competition.--In exercising the authority under this section, 
the Secretary shall to the maximum extent practicable use the 
competitive procedure or combination of competitive procedures that is 
best suited under the circumstances.
    ``(c) Retention of Proceeds.--When the Secretary of the Navy awards 
a ship dismantling contract on a net cost basis, the contractor may 
retain the proceeds from the sale of scrap and reusable items from the 
vessel being dismantled.
    ``(d) Definitions.--For purposes of this section:
            ``(1) The term `net cost', with respect to a contract for 
        the dismantling of a ship, means the amount equal to the excess 
        of--
                    ``(A) the amount of the contractor's gross cost of 
                performance of the contract, over
                    ``(B) the estimated value of scrap and reusable 
                items that the contractor removes from the ship during 
                performance of the contract, as stated in the 
                contractor's offer for such contract.
            ``(2) The term `scrap' means personal property that has no 
        value except for its basic material content.
            ``(3) The term `reusable item', with respect to a ship, 
        means any demilitarized component or removable portion of the 
        ship or the ship's equipment that the Navy has identified as 
        excess to its needs but which has potential resale value on the 
        open market.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7305 the following new item:

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

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

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

                          Subtitle C--Reports

SEC. 1021. REPORT ON CONTRACTOR SECURITY IN IRAQ.

    (a) Report Required.--(1) Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit a 
report on contractor security in Iraq to the congressional defense 
committees. The report shall include, at a minimum--
            (A) information on the security of contractor employees in 
        Iraq, as described in subsection (b);
            (B) information on contract security personnel in Iraq, as 
        described in subsection (c); and
            (C) any recommended actions that the Secretary considers 
        appropriate to enhance contractor security in Iraq.
    (2) The information included in the report shall be current as of 
September 30, 2004.
    (b) Security of Contractor Employees in Iraq.--The report under 
subsection (a) shall include information on contractor employees in 
Iraq, as follows:
            (1) The number of contractor employees in each of the 
        following categories of nationals:
                    (A) Nationals of the United States.
                    (B) Nationals of Iraq.
                    (C) Nationals of states other than the United 
                States and Iraq.
            (2) For each of the categories of nationals listed in 
        paragraph (1), the number of casualties among contractor 
        employees on and after May 1, 2003.
    (c) Contract Security Personnel.--The report required by subsection 
(a) shall include information on contract security personnel of a 
contractor in Iraq, as follows:
            (1) The number of contract security personnel engaged in 
        providing security services to personnel or facilities in each 
        of the following categories:
                    (A) Personnel or facilities of the United States 
                Government or the Coalition Provisional Authority.
                    (B) Personnel or facilities of the Iraqi 
                Government.
                    (C) Personnel or facilities of a contractor or 
                subcontractor.
            (2) For each of the categories of nationals listed in 
        subsection (b)(1), the following information:
                    (A) The number of contract security personnel.
                    (B) The range of annual rates of pay of the 
                contract security personnel.
                    (C) The number of casualties among the contract 
                security personnel on and after May 1, 2003.
            (3) The number, types, and sources of weapons that contract 
        security personnel are authorized to possess in each of the 
        following categories:
                    (A) Weapons provided by coalition forces.
                    (B) Weapons supplied by the contractor.
                    (C) Weapons supplied by other sources.
            (4) The extent to which contract security personnel are 
        equipped with other critical equipment, such as body armor, 
        armored vehicles, secure communications, and friend-foe 
        identification.
            (5) An assessment of the extent to which contract security 
        personnel have been engaged by hostile fire on and after May 1, 
        2003.
    (d) Coordination.--In the preparation of the report under this 
section, the Secretary of Defense shall coordinate with the heads of 
any other departments and agencies of the Federal Government that are 
affected by the performance of Federal Government contracts by 
contractor personnel in Iraq.
    (e) Additional Congressional Recipients.--In addition to submitting 
the report on contractor security under this section to the 
congressional defense committees, the Secretary of Defense shall also 
submit the report to any other committees of Congress that the 
Secretary determines appropriate to receive such report taking into 
consideration the requirements of the Federal Government that 
contractor personnel in Iraq are engaged in satisfying.
    (f) Forms of Report.--The report required by this section shall be 
submitted in classified and unclassified forms.
    (g) Definitions.--In this section:
            (1) The term ``contract security personnel'' includes 
        employees of a contractor or subcontractor who, under a covered 
        contract, provide security services in Iraq to--
                    (A) personnel or facilities of the United States 
                Government or the Coalition Provisional Authority;
                    (B) personnel or facilities of the Iraqi 
                Government; or
                    (C) personnel or facilities of a contractor.
            (2) The term ``covered contract''--
                    (A) means a contract entered into by an agency of 
                the United States Government or by the Coalition 
                Provisional Authority for the procurement of products 
                or services to be provided in Iraq, regardless of the 
                source of the funding for such procurement; and
                    (B) includes a subcontract under such a contract, 
                regardless of the source of the funding for such 
                procurement.
            (3) The term ``national of the United States'' has the 
        meaning given such term in section 101(22) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(22)).
            (4) The term ``national'', except as provided in paragraph 
        (3), has the meaning given such term in section 101(21) of such 
        Act.

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

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

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

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

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

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

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

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

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

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

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

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

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

    (a) Report Required.--(1) Not later than March 31, 2005, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the conduct of military operations during the 
post-major combat operations phase of Operation Iraqi Freedom.
    (2) The report shall be prepared in consultation with the Chairman 
of the Joint Chiefs of Staff, the Commander of the United States 
Central Command, and such other officials as the Secretary considers 
appropriate.
    (b) Content.--(1) The report shall include a discussion of the 
matters described in paragraph (2), with a particular emphasis on 
accomplishments and shortcomings and on near-term and long-term 
corrective actions to address such shortcomings.
    (2) The matters to be discussed in the report are as follows:
            (A) The military and political objectives of the 
        international coalition conducting the post-major combat 
        operations phase of Operation Iraqi Freedom, and the military 
        strategy selected to achieve such objectives, together with an 
        assessment of the execution of the military strategy.
            (B) The mobilization process for the reserve components of 
        the Armed Forces, including the timeliness of notification, 
        training and certification, and subsequent demobilization.
            (C) The use and performance of major items of United States 
        military equipment, weapon systems, and munitions (including 
        non-lethal weapons and munitions, items classified under 
        special access procedures, and items drawn from prepositioned 
        stocks) and any expected effects of the experience with the use 
        and performance of such items on the doctrinal and tactical 
        employment of such items and on plans for continuing the 
        acquisition of such items.
            (D) Any additional requirements for military equipment, 
        weapon systems, munitions, force structure, or other capability 
        identified during the post-major combat operations phase of 
        Operation Iraqi Freedom, including changes in type or quantity 
        for future operations.
            (E) The effectiveness of joint air operations, together 
        with an assessment of the effectiveness of--
                    (i) the employment of close air support; and
                    (ii) attack helicopter operations.
            (F) The use of special operations forces, including 
        operational and intelligence uses.
            (G) The scope of logistics support, including support to 
        and from other nations and from international organizations and 
        organizations and individuals from the private sector in Iraq.
            (H) The incidents of accidental fratricide, including a 
        discussion of the effectiveness of the tracking of friendly 
        forces and the use of the combat identification systems in 
        mitigating friendly fire incidents.
            (I) The adequacy of spectrum and bandwidth to transmit 
        information to operational forces and assets, including 
        unmanned aerial vehicles, ground vehicles, and individual 
        soldiers.
            (J) The effectiveness of strategic, operational, and 
        tactical information operations, including psychological 
        operations and assets, organization, and doctrine related to 
        civil affairs, in achieving established objectives, together 
        with a description of technological and other restrictions on 
        the use of information operations capabilities.
            (K) The readiness of the reserve component forces used in 
        the post-major combat operations phase of Operation Iraqi 
        Freedom, including an assessment of the success of the reserve 
        component forces in accomplishing their missions.
            (L) The adequacy of intelligence support during the post-
        major combat operations phase of Operation Iraqi Freedom, 
        including the adequacy of such support in searches for weapons 
        of mass destruction.
            (M) The rapid insertion and integration, if any, of 
        developmental but mission-essential equipment, organizations, 
        or procedures during the post-major combat operations phase of 
        Operation Iraqi Freedom.
            (N) A description of the coordination, communication, and 
        unity of effort between the Armed Forces, the Coalition 
        Provisional Authority, other United States government agencies 
        and organizations, nongovernmental organizations, and 
        political, security, and nongovernmental organizations of Iraq, 
        including an assessment of the effectiveness of such efforts.
            (O) The adequacy of training for military units once 
        deployed to the United States Central Command, including 
        training for changes in unit mission and continuation training 
        for high-intensity conflict missions.
            (P) An estimate of the funding required to return or 
        replace equipment used to date in Operation Iraqi Freedom, 
        including equipment in prepositioned stocks, to mission-ready 
        condition.
            (Q) A description of military civil affairs and 
        reconstruction efforts, including through the Commanders 
        Emergency Response Program, and an assessment of the 
        effectiveness of such efforts and programs.
            (R) The adequacy of the requirements determination and 
        acquisition processes, acquisition, and distribution of force 
        protection equipment, including personal gear, vehicles, 
        helicopters, and defense devices.
            (S) The most critical lessons learned that could lead to 
        long-term doctrinal, organizational, and technological changes, 
        and the probable effects that an implementation of those 
        changes would have on current visions, goals, and plans for 
        transformation of the Armed Forces or the Department of 
        Defense.
            (T) The planning for and implementation of morale, welfare, 
        and recreation programs for deployed forces and support to 
        dependents, including rest and recuperation programs and 
        personal communication benefits such as telephone, mail, and 
        email services, including an assessment of the effectiveness of 
        such programs.
            (U) An analysis of force rotation plans, including 
        individual personnel and unit rotations, differing deployment 
        lengths, and in-theater equipment repair and leave behinds.
    (c) Form of Report.--The report shall be submitted in unclassified 
form, but may include a classified annex.
    (d) Post-Major Combat Operations Phase of Operation Iraqi Freedom 
Defined.--In this section, the term ``post-major combat operations 
phase of Operation Iraqi Freedom'' means the period of Operation Iraqi 
Freedom beginning on May 2, 2003, and ending on December 31, 2004.

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

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

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

    (a) Requirement for Study.--The Comptroller General shall carry out 
a study of the programs of the Department of Defense and other 
departments and agencies of the Federal Government under which 
transition assistance is provided to personnel who are separating from 
active duty service in the Armed Forces.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit a report on 
the results of the study to the Committees on Armed Services of the 
Senate and the House of Representatives. The report shall include the 
following matters:
            (1) Regarding the transition assistance programs under 
        section 1142 and 1144 of title 10, United States Code--
                    (A) an analysis of the extent to which such 
                programs are meeting the current needs of members of 
                the Armed Forces as such personnel are discharged or 
                released from active duty, including--
                            (i) a discussion of the original purposes 
                        of the programs;
                            (ii) a discussion of how the programs are 
                        currently being administered in relationship to 
                        those purposes; and
                            (iii) an assessment of whether the programs 
                        are adequate to meet the current needs of 
                        members of the reserve components, including 
                        the National Guard; and
                    (B) any recommendations that the Comptroller 
                General considers appropriate for improving such 
                programs, including any recommendation regarding 
                whether participation by members of the Armed Forces in 
                such programs should be required.
            (2) An analysis of the differences, if any, among the Armed 
        Forces and among the commands of military installations of the 
        Armed Forces regarding how transition assistance is being 
        provided under the transition assistance programs, together 
        with any recommendations that the Comptroller General considers 
        appropriate--
                    (A) to achieve uniformity in the provision of 
                assistance under such programs; and
                    (B) to ensure that the transition assistance is 
                provided under such programs to members of the Armed 
                Forces who are being separated at medical facilities of 
                the uniformed services or Department of Veterans 
                Affairs medical centers and to Armed Forces personnel 
                on a temporary disability retired list under section 
                1202 or 1205 of title 10, United States Code.
            (3) An analysis of the relationship of Department of 
        Defense transition assistance programs to the transition 
        assistance programs of the Department of Veterans Affairs and 
        the Department of Labor, including the relationship of the 
        benefits delivery at discharge program carried out jointly by 
        the Department of Defense and the Department of Veterans 
        Affairs to the other transition assistance programs.
            (4) The rates of participation of Armed Forces personnel in 
        the transition assistance programs, together with any 
        recommendations that the Comptroller General considers 
        appropriate to increase such participation rates, including any 
        revisions of such programs that could result in increased 
        participation.
            (5) An assessment of whether the transition assistance 
        information provided to Armed Forces personnel omits transition 
        information that would be beneficial to such personnel, 
        including an assessment of the extent to which information is 
        provided under the transition assistance programs regarding 
        participation in Federal Government procurement opportunities 
        available at prime contract and subcontract levels to veterans 
        with service-connected disabilities and other veterans, 
        together with any recommendations that the Comptroller General 
        considers appropriate regarding additional information that 
        should be provided and any other recommendations that the 
        Comptroller General considers appropriate for enhancing the 
        provision of counseling on such procurement opportunities.
            (6) An assessment of the extent to which representatives of 
        military service organizations and veterans' service 
        organizations are afforded opportunities to participate, and do 
        participate, in preseparation briefings under transition 
        assistance programs, together with any recommendations that the 
        Comptroller General considers appropriate regarding how 
        representatives of such organizations could better be used to 
        disseminate transition assistance information and provide 
        preseparation counseling to Armed Forces personnel, including 
        personnel of the reserve components who are being released from 
        active duty for continuation of service in the reserve 
        components.
            (7) An analysis of the use of post-deployment and 
        predischarge health screenings, together with any 
        recommendations that the Comptroller General considers 
        appropriate regarding whether and how to integrate the health 
        screening process and the transition assistance programs into a 
        single, coordinated preseparation program for Armed Forces 
        personnel being discharged or released from active duty.
            (8) An analysis of the processes of the Armed Forces for 
        conducting physical examinations of members of the Armed Forces 
        in connection with discharge and release from active duty, 
        including--
                    (A) how post-deployment questionnaires are used;
                    (B) the extent to which Armed Forces personnel 
                waive the physical examinations; and
                    (C) how, and the extent to which, Armed Forces 
                personnel are referred for followup health care.
            (9) A discussion of the current process by which mental 
        health screenings are conducted, followup mental health care is 
        provided for, and services are provided in cases of post-
        traumatic stress disorder and related conditions for members of 
        the Armed Forces in connection with discharge and release from 
        active duty, together with--
                    (A) for each of the Armed Forces, the programs that 
                are in place to identify and treat cases of post-
                traumatic stress disorder and related conditions; and
                    (B) for persons returning from deployments in 
                connection with Operation Enduring Freedom and 
                Operation Iraqi Freedom--
                            (i) the number of persons treated as a 
                        result of such screenings; and
                            (ii) the types of interventions.
    (c) Acquisition of Supporting Information.--In carrying out the 
study under this section, the Comptroller General shall seek to obtain 
views from the following persons:
            (1) The Secretary of Defense and the Secretaries of the 
        military departments.
            (2) The Secretary of Veterans Affairs.
            (3) The Secretary of Labor.
            (4) Armed Forces personnel who have received transition 
        assistance under the programs covered by the study and Armed 
        Forces personnel who have declined to accept transition 
        assistance offered under such programs.
            (5) Representatives of military service organizations and 
        representatives of veterans' service organizations.
            (6) Persons having expertise in health care (including 
        mental health care) provided under the Defense Health Program, 
        including Department of Defense personnel, Department of 
        Veterans Affairs personnel, and persons in the private sector.

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

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

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

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

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

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

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

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

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

    (a) Reports Required.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Defense shall submit to the appropriate committees of Congress a report 
on the population of persons held by the Department of Defense for more 
than 45 days and on the facilities in which such persons are held.
    (b) Report Elements.--Each report under subsection (a) shall 
include the following:
            (1) General information on the foreign national detainees 
        in the custody of the Department on the date of such report, 
        including the following:
                    (A) The best estimate of the Department of the 
                number of the total number of detainees in the custody 
                of the Department as of the date of such report.
                    (B) The countries in which such detainees were 
                detained, and the number of detainees detained in each 
                such country.
                    (C) The best estimate of the Department of the 
                total number of detainees released from the custody of 
                the Department during the one-year period ending on the 
                date of such report.
                    (2) For each foreign national detained and 
                registered with the National Detainee Reporting Center 
                by the Department on the date of such report the 
                following:
                    (A) The Internment Serial Number or other 
                appropriate identification number.
                    (B) The nationality, if available.
                    (C) The place at which taken into custody, if 
                available.
                    (D) The circumstances of being taken into custody, 
                if available.
                    (E) The place of detention.
                    (F) The current length of detention.
                    (G) A categorization as a civilian detainee, enemy 
                prisoner of war/prisoner of war, or enemy combatant.
                    (H) Information as to transfer to the jurisdiction 
                of another country, including the identity of such 
                country.
            (3) Information on the detention facilities and practices 
        of the Department for the one-year period ending on the date of 
        such report, including for each facility of the Department at 
        which detainees were detained by the Department during such 
        period the following:
                    (A) The name of such facility.
                    (B) The location of such facility.
                    (C) The number of detainees detained at such 
                facility as of the end of such period.
                    (D) The capacity of such facility.
                    (E) The number of military personnel assigned to 
                such facility as of the end of such period.
                    (F) The number of other employees of the United 
                States Government assigned to such facility as of the 
                end of such period.
                    (G) The number of contractor personnel assigned to 
                such facility as of the end of such period.
    (c) Form of Report.--Each report under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate; and
            (2) the Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

                 Subtitle D--Matters Relating to Space

SEC. 1031. SPACE POSTURE REVIEW.

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

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

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

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

    (a) Planning, Programming, and Management.--(1) Chapter 135 of 
title 10, United States Code, is amended by inserting after section 
2273 the following new section:
``Sec. 2273a. Operationally responsive national security payloads
    ``(a) Requirement for Program Element.--The Secretary of Defense 
shall ensure that operationally responsive national security payloads 
of the Department of Defense for space satellites are planned, 
programmed, and budgeted for as a separate, dedicated program element.
    ``(b) Management Authority.--The Secretary of Defense shall assign 
management authority for the program element required under subsection 
(a) to the Director of the Office of Force Transformation.
    ``(c) Definition of Operationally Responsive.--In this section, the 
term `operationally responsive', with respect to a national security 
payload for a space satellite, means an experimental or operational 
payload not in excess of 5,000 pounds that--
            ``(1) can be developed and acquired within 18 months after 
        authority to proceed with development is granted; and
            ``(2) is responsive to requirements for capabilities at the 
        operational and tactical levels of warfare.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2273 the 
following new item:

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

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

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

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

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

                 Subtitle E--Defense Against Terrorism

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

    (a) Authority.--Chapter 155 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2613. Emergency communications equipment: temporary acceptance 
              from local public safety agencies
    ``(a) Authority for Temporary Acceptance of Equipment.--(1) Under 
regulations prescribed by the Secretary concerned, the commander of a 
military installation may include in a disaster response agreement with 
a local public safety agency a clause that provides for the commander 
to accept from the public safety agency for use during a natural or 
man-made disaster any communications equipment that is useful for 
communicating with such agency during a joint response by the commander 
and such agency to such disaster.
    ``(2) The authority under paragraph (1) includes authority to 
accept services related to the operation and maintenance of 
communications equipment accepted under that paragraph.
    ``(3) In the case of a military installation administered by an 
officer or employee of the United States, such officer or employee may 
exercise the authority of a commander under this section.
    ``(b) Conditions.--Acceptance of communications equipment and 
services by a commander from a public safety agency under subsection 
(a) is subject to the following conditions:
            ``(1) Acceptance of equipment is authorized only to the 
        extent that communications equipment under the control of the 
        commander is inadequate to meet requirements for communicating 
        with that public safety agency during a joint response to a 
        disaster.
            ``(2) Acceptance of services for the operation or 
        maintenance of communications equipment is authorized only to 
        the extent that capabilities under the control of the commander 
        are inadequate to operate or maintain such equipment.
    ``(c) Liability.--(1) An emergency response agreement under this 
section shall include a clause that--
            ``(A) specifies the means for the commander to pay for use, 
        loss, or damage of equipment, and for services, accepted under 
        the agreement; or
            ``(B) ensures that the United States is not liable for 
        costs incurred for the acceptance and use of the equipment or 
        services nor for any loss or damage of such equipment.
    ``(2) No person providing services accepted under an emergency 
response agreement may be considered to be an officer, employee, or 
agent of the United States for any purpose.
    ``(d) Guidance.--The Secretary of Defense shall prescribe guidance 
for the administration of the requirements and authority under this 
section.
    ``(e) Definitions.--In this section:
            ``(1) The term `emergency response agreement' means a 
        memorandum of agreement or memorandum of understanding that 
        provides for mutual support by Department of Defense personnel 
        and local public safety agency personnel in response to a 
        natural or man-made disaster.
            ``(2) The term `military installation' has the meaning 
        given such term in section 2801(c) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

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

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

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

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

             Subtitle F--Matters Relating to Other Nations

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

    (a) Restatement and Expansion of Authority.--(1) Chapter 20 of 
title 10, United States Code, is amended by adding at the end the 
following new section:
``Sec. 406. Humanitarian assistance for the detection and clearance of 
              landmines and explosive remnants of war
    ``(a) In General.--Under regulations prescribed by the Secretary of 
Defense, members of the armed forces may provide humanitarian 
assistance for the detection and clearance of landmines or explosive 
remnants of war in a foreign country, including activities relating to 
the furnishing of education, training, and technical assistance, if the 
Secretary determines that the provision of such assistance will 
promote--
            ``(1) the security interests of both the United States and 
        the country in which such assistance is to be provided; and
            ``(2) the specific operational readiness skills of the 
        members of the armed forces who provide such assistance.
    ``(b) Limitations on Activities of Members of the Armed Forces.--
The Secretary shall ensure that no member of the armed forces, while 
providing assistance under this section--
            ``(1) engages in the physical detection, lifting or 
        destroying of landmines or explosive remnants of war (unless 
        the member does so for the concurrent purpose of supporting a 
        United States military operation); or
            ``(2) provides such assistance as part of a military 
        operation that does not involve the armed forces.
    ``(c) Requirement for Approval of Secretary of State.--Humanitarian 
assistance for the detection and clearance of landmines and remnants of 
war may not be provided under this section to any foreign country 
unless the Secretary of State specifically approves the provision of 
such assistance to such foreign country.
    ``(d) Availability of Funds for Certain Expenses.--(1) To the 
extent provided in Acts authorizing appropriations for military 
activities of the Department of Defense, funds authorized to be 
appropriated to the Department for a fiscal year for humanitarian 
assistance shall be available for the purpose of providing assistance 
under this section.
    ``(2) Expenses incurred as a direct result of providing 
humanitarian assistance under this section to a foreign country shall 
be paid out of funds specifically appropriated for such purpose.
    ``(3) Expenses covered by paragraph (2) include the following:
            ``(A) Travel, transportation, and subsistence expenses of 
        Department of Defense personnel providing humanitarian 
        assistance under this section.
            ``(B) The cost of any equipment, services, or supplies 
        acquired for the purpose of carrying out or supporting the 
        provision of such assistance, including any nonlethal, 
        individual, or small-team landmine or explosive remnant of war 
        clearing equipment or supplies that are to be transferred or 
        otherwise furnished to a foreign country in furtherance of the 
        provision of assistance under this section.
    ``(4) The cost of equipment, services and supplies provided in any 
fiscal year to a foreign country under paragraph (3)(B) may not exceed 
$5,000,000.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``406. Humanitarian assistance for the detection and clearance of 
                            landmines and explosive remnants of war.''.
    (b) Repeal of Superseded Authority.--Section 401 of such title is 
amended--
            (1) in subsection (a), by striking paragraph (4);
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``(1)''; and
                    (B) by striking paragraph (2);
            (3) in subsection (c)--
                    (A) by striking paragraphs (2) and (3); and
                    (B) by redesignating paragraph (4) as paragraph 
                (2); and
            (4) in subsection (e), by striking paragraph (5).

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

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

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

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

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

    (a) Authority.--Chapter 631 of title 10, United States Code, is 
amended by inserting after the item relating to section 7205 the 
following new section:
``Sec. 7206. Submarine safety research and development: acceptance of 
              services of NATO naval personnel
    ``(a) Authority.--The Secretary of the Navy may, subject to 
subsection (e), accept the assignment of one or more members of the 
navy of another member country of the North Atlantic Treaty 
Organization to a command of the Navy for work on the development, 
standardization, or interoperability of submarine vessel safety and 
rescue systems and procedures if the Secretary determines that doing so 
would facilitate the development, standardization, and interoperability 
of submarine vessel safety and rescue systems and procedures for the 
Navy, the navy of that foreign country, and any other navy involved in 
that work.
    ``(b) Reciprocity Not Required.--The authority under subsection (a) 
is not an exchange program. Reciprocal assignments of members of the 
Navy to a navy of a foreign country is not a condition for the exercise 
of such authority.
    ``(c) Payment of Personnel Costs.--(1) The acceptance of a member 
of a navy of a foreign country under this section is subject to the 
condition that the government of that country pay the salary, per diem 
allowance, subsistence costs, travel costs, cost of language or other 
training, and other costs for that member in accordance with the laws 
and regulations of such country.
    ``(2) Paragraph (1) does not apply to the following costs:
            ``(A) The cost of temporary duty directed by the Secretary 
        of the Navy or an officer of the Navy authorized to do so.
            ``(B) The cost of a training program conducted to 
        familiarize, orient, or certify foreign naval personnel 
        regarding unique aspects of their assignments.
            ``(C) Any cost incident to the use of the facilities of the 
        Navy in the performance of assigned duties.
    ``(d) Relationship to Other Authority.--The provisions of this 
section shall apply to any other authority that the Secretary of the 
Navy may exercise, subject to the concurrence of the Secretary of 
State, to enter into an agreement with the government of a foreign 
country to provide for the assignment of members of the navy of that 
foreign country to a Navy submarine safety program. The Secretary of 
the Navy may prescribe regulations for the application of this section 
in the exercise of such authority.
    ``(e) Termination of Authority.--The Secretary of the Navy may not 
accept the assignment of a member of the navy of a foreign country 
under this section after September 30, 2008.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7205 the following new item:

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

SEC. 1055. COMPENSATION FOR FORMER PRISONERS OF WAR.

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

SEC. 1056. DRUG ERADICATION EFFORTS IN AFGHANISTAN.

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

SEC. 1057. HUMANE TREATMENT OF DETAINEES.

    (a) Findings.--Congress makes the following findings:
            (1) After World War II, the United States and its allies 
        created a new international legal order based on respect for 
        human rights. One of its fundamental tenets was a universal 
        prohibition on torture and ill treatment.
            (2) On June 26, 2003, the International Day in Support of 
        Victims of Torture, President George W. Bush stated, ``The 
        United States is committed to the world-wide elimination of 
        torture and we are leading this fight by example. I call on all 
        governments to join with the United States and the community of 
        law-abiding nations in prohibiting, investigating, and 
        prosecuting all acts of torture and in undertaking to prevent 
        other cruel and unusual punishment.''.
            (3) The United States is a party to the Geneva Conventions, 
        which prohibit torture, cruel treatment, or outrages upon 
        personal dignity, in particular, humiliating and degrading 
        treatment, during armed conflict.
            (4) The United States is a party to 2 treaties that 
        prohibit torture and cruel, inhuman, or degrading treatment or 
        punishment, as follows:
                    (A) The International Covenant on Civil and 
                Political Rights, done at New York December 16, 1966.
                    (B) The Convention against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, done at 
                New York December 10, 1984.
            (5) The United States filed reservations to the treaties 
        described in subparagraphs (A) and (B) of paragraph (4) stating 
        that the United States considers itself bound to prevent 
        ``cruel, inhuman or degrading treatment or punishment'' to the 
        extent that phrase means the cruel, unusual, and inhumane 
        treatment or punishment prohibited by the 5th amendment, 8th 
        amendment, or 14th amendment to the Constitution.
            (6) Army Regulation 190-8 entitled ``Enemy Prisoners of 
        War, Retained Personnel, Civilian Internees and Other 
        Detainees'' provides that ``Inhumane treatment is a serious and 
        punishable violation under international law and the Uniform 
        Code of Military Justice (UCMJ).... All prisoners will receive 
        humane treatment without regard to race, nationality, religion, 
        political opinion, sex, or other criteria. The following acts 
        are prohibited: murder, torture, corporal punishment, 
        mutilation, the taking of hostages, sensory deprivation, 
        collective punishments, execution without trial by proper 
        authority, and all cruel and degrading treatment.... All 
        persons will be respected as human beings. They will be 
        protected against all acts of violence to include rape, forced 
        prostitution, assault and theft, insults, public curiosity, 
        bodily injury, and reprisals of any kind.... This list is not 
        exclusive.''.
            (7) The Field Manual on Intelligence Interrogation of the 
        Department of the Army states that ``acts of violence or 
        intimidation, including physical or mental torture, threats, 
        insults, or exposure to inhumane treatment as a means of or an 
        aid to interrogation'' are ``illegal''. Such Manual defines 
        ``infliction of pain through... bondage (other than legitimate 
        use of restraints to prevent escape)'', ``forcing an individual 
        to stand, sit, or kneel in abnormal positions for prolonged 
        periods of time'', ``food deprivation'', and ``any form of 
        beating'' as ``physical torture'', defines ``abnormal sleep 
        deprivation'' as ``mental torture'', and prohibits the use of 
        such tactics under any circumstances.
            (8) The Field Manual on Intelligence Interrogation of the 
        Department of the Army states that ``Use of torture and other 
        illegal methods is a poor technique that yields unreliable 
        results, may damage subsequent collection efforts, and can 
        induce the source to say what he thinks the interrogator wants 
        to hear. Revelation of use of torture by U.S. personnel will 
        bring discredit upon the U.S. and its armed forces while 
        undermining domestic and international support for the war 
        effort. It may also place U.S. and allied personnel in enemy 
        hands at a greater risk of abuse by their captors.''.
    (b) Prohibition on Torture or Cruel, Inhuman, or Degrading 
Treatment or Punishment.--(1) No person in the custody or under the 
physical control of the United States shall be subject to torture or 
cruel, inhuman, or degrading treatment or punishment that is prohibited 
by the Constitution, laws, or treaties of the United States.
    (2) Nothing in this section shall affect the status of any person 
under the Geneva Conventions or whether any person is entitled to the 
protections of the Geneva Conventions.
    (c) Rules, Regulations, and Guidelines.--(1) Not later than 180 
days after the date of enactment of this Act, the Secretary shall 
prescribe the rules, regulations, or guidelines necessary to ensure 
compliance with the prohibition in subsection (b)(1) by the members of 
the United States Armed Forces and by any person providing services to 
the Department of Defense on a contract basis.
    (2) The Secretary shall submit to the congressional defense 
committees the rules, regulations, or guidelines prescribed under 
paragraph (1), and any modifications to such rules, regulations, or 
guidelines--
            (A) not later than 30 days after the effective date of such 
        rules, regulations, guidelines, or modifications; and
            (B) in a manner and form that will protect the national 
        security interests of the United States.
    (d) Report to Congress.--(1) The Secretary shall submit, on a 
timely basis and not less than twice each year, a report to Congress on 
the circumstances surrounding any investigation of a possible violation 
of the prohibition in subsection (b)(1) by a member of the Armed Forces 
or by a person providing services to the Department of Defense on a 
contract basis.
    (2) A report required under paragraph (1) shall be submitted in a 
manner and form that--
            (A) will protect the national security interests of the 
        United States; and
            (B) will not prejudice any prosecution of an individual 
        involved in, or responsible for, a violation of the prohibition 
        in subsection (b)(1).
    (e) Definitions.--In this section:
            (1) The term ``cruel, inhuman, or degrading treatment or 
        punishment'' means the cruel, unusual, and inhumane treatment 
        or punishment prohibited by the 5th amendment, 8th amendment, 
        or 14th amendment to the Constitution.
            (2) The term ``Geneva Conventions'' means--
                    (A) the Convention for the Amelioration of the 
                Condition of the Wounded and Sick in Armed Forces in 
                the Field, done at Geneva August 12, 1949 (6 UST 3114);
                    (B) the Convention for the Amelioration of the 
                Condition of the Wounded, Sick, and Shipwrecked Members 
                of Armed Forces at Sea, done at Geneva August 12, 1949 
                (6 UST 3217);
                    (C) the Convention Relative to the Treatment of 
                Prisoners of War, done at Geneva August 12, 1949 (6 UST 
                3316); and
                    (D) the Convention Relative to the Protection of 
                Civilian Persons in Time of War, done at Geneva August 
                12, 1949 (6 UST 3516).
            (3) The term ``Secretary'' means the Secretary of Defense.
            (4) The term ``torture'' has the meaning given that term in 
        section 2340 of title 18, United States Code.

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

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

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

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

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

    (a) Findings.--Congress makes the following findings:
            (1) Close defense cooperation between the United States and 
        each of the United Kingdom and Australia requires 
        interoperability among the armed forces of those countries.
            (2) The need for interoperability must be balanced with the 
        need for appropriate and effective regulation of trade in 
        defense items.
            (3) The Arms Export Control Act (22 U.S.C. 2751 et seq.) 
        authorizes the executive branch to administer arms export 
        policies enacted by Congress in the exercise of its 
        constitutional power to regulate commerce with foreign nations.
            (4) The executive branch has exercised its authority under 
        the Arms Export Control Act, in part, through the International 
        Traffic in Arms Regulations.
            (5) Agreements to gain exemption from the International 
        Traffic in Arms Regulations must be submitted to Congress for 
        review.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on International Relations and 
                the Committee on Armed Services of the House of 
                Representatives.
            (2) Defense items.--The term ``defense items'' has the 
        meaning given the term in section 38 of the Arms Export Control 
        Act (22 U.S.C. 2778).
            (3) International traffic in arms regulations.--The term 
        ``International Traffic in Arms Regulations'' means the 
        regulations maintained under parts 120 through 130 of title 22, 
        Code of Federal Regulations, and any successor regulations.
    (c) Exceptions From Bilateral Agreement Requirements.--
            (1) In general.--Subsection (j) of section 38 of the Arms 
        Export Control Act (22 U.S.C. 2778) is amended--
                    (A) by redesignating paragraph (4) as paragraph 
                (5); and
                    (B) by inserting after paragraph (3) the following 
                new paragraph (4):
            ``(4) Exceptions from bilateral agreement requirements.--
                    ``(A) Australia.--Subject to section 1055 of the 
                National Defense Authorization Act for Fiscal Year 
                2005, the requirements for a bilateral agreement 
                described in paragraph (2)(A) shall not apply to a 
                bilateral agreement between the United States 
                Government and the Government of Australia with respect 
                to transfers or changes in end use of defense items 
                within Australia that will remain subject to the 
                licensing requirements of this Act after such agreement 
                enters into force.
                    ``(B) United kingdom.--Subject to section 1055 of 
                the National Defense Authorization Act for Fiscal Year 
                2005, the requirements for a bilateral agreement 
                described in paragraphs (1)(A)(ii), (2)(A)(i), and 
                (2)(A)(ii) shall not apply to a bilateral agreement 
                between the United States Government and the Government 
                of the United Kingdom for an exemption from the 
                licensing requirements of this Act.''.
            (2) Conforming amendment.--Paragraph (2) of such subsection 
        is amended in the matter preceding subparagraph (A) by striking 
        ``A bilateral agreement'' and inserting ``Except as provided in 
        paragraph (4), a bilateral agreement''.
    (d) Certifications.--Not later than 30 days before authorizing an 
exemption from the licensing requirements of the International Traffic 
in Arms Regulations in accordance with any bilateral agreement entered 
into with the United Kingdom or Australia under section 38(j) of the 
Arms Export Control Act (22 U.S.C. 2778(j)), as amended by subsection 
(c), the President shall certify to the appropriate congressional 
committees that such agreement--
            (1) is in the national interest of the United States and 
        will not in any way affect the goals and policy of the United 
        States under section 1 of the Arms Export Control Act (22 
        U.S.C. 2751);
            (2) does not adversely affect the efficacy of the 
        International Traffic in Arms Regulations to provide consistent 
        and adequate controls for licensed exports of United States 
        defense items; and
            (3) will not adversely affect the duties or requirements of 
        the Secretary of State under the Arms Export Control Act.
    (e) Notification of Bilateral Licensing Exemptions.--Not later than 
30 days before authorizing an exemption from the licensing requirements 
of the International Traffic in Arms Regulations in accordance with any 
bilateral agreement entered into with the United Kingdom or Australia 
under section 38(j) of the Arms Export Control Act (22 U.S.C. 2778(j)), 
as amended by subsection (c), the President shall submit to the 
appropriate congressional committees the text of the regulations that 
authorize such a licensing exemption.
    (f) Report on Consultation Issues.--Not later than one year after 
the date of the enactment of this Act and annually thereafter for each 
of the following 5 years, the President shall submit to the appropriate 
congressional committees a report on issues raised during the previous 
year in consultations conducted under the terms of any bilateral 
agreement entered into with Australia under section 38(j) of the Arms 
Export Control Act, or under the terms of any bilateral agreement 
entered into with the United Kingdom under such section, for exemption 
from the licensing requirements of the Arms Export Control Act (22 
U.S.C. 2751 et seq.). Each report shall contain--
            (1) information on any notifications or consultations 
        between the United States and the United Kingdom under the 
        terms of any agreement with the United Kingdom, or between the 
        United States and Australia under the terms of any agreement 
        with Australia, concerning the modification, deletion, or 
        addition of defense items on the United States Munitions List, 
        the United Kingdom Military List, or the Australian Defense and 
        Strategic Goods List;
            (2) a list of all United Kingdom or Australia persons and 
        entities that have been designated as qualified persons 
        eligible to receive United States origin defense items exempt 
        from the licensing requirements of the Arms Export Control Act 
        under the terms of such agreements, and listing any 
        modification, deletion, or addition to such lists, pursuant to 
        the requirements of any agreement with the United Kingdom or 
        any agreement with Australia;
            (3) information on consultations or steps taken pursuant to 
        any agreement with the United Kingdom or any agreement with 
Australia concerning cooperation and consultation with either 
government on the effectiveness of the defense trade control systems of 
such government;
            (4) information on provisions and procedures undertaken 
        pursuant to--
                    (A) any agreement with the United Kingdom with 
                respect to the handling of United States origin defense 
                items exempt from the licensing requirements of the 
                Arms Export Control Act by persons and entities 
                qualified to receive such items in the United Kingdom; 
                and
                    (B) any agreement with Australia with respect to 
                the handling of United States origin defense items 
                exempt from the licensing requirements of the Arms 
                Export Control Act by persons and entities qualified to 
                receive such items in Australia;
            (5) information on any new understandings, including the 
        text of such understandings, between the United States and the 
        United Kingdom concerning retransfer of United States origin 
        defense items made pursuant to any agreement with the United 
        Kingdom to gain exemption from the licensing requirements of 
        the Arms Export Control Act;
            (6) information on consultations with the Government of the 
        United Kingdom or the Government of Australia concerning the 
        legal enforcement of any such agreements;
            (7) information on United States origin defense items with 
        respect to which the United States has provided an exception 
        under the Memorandum of Understanding between the United States 
        and the United Kingdom and any agreement between the United 
        States and Australia from the requirement for United States 
        Government re-export consent that was not provided for under 
        United States laws and regulations in effect on the date of the 
        enactment of this Act; and
            (8) information on any significant concerns that have 
        arisen between the Government of Australia or the Government of 
        the United Kingdom and the United States Government concerning 
        any aspect of any bilateral agreement between such country and 
        the United States to gain exemption from the licensing 
        requirements of the Arms Export Control Act.
    (g) Special Notifications.--
            (1) Required notifications.--The Secretary of State shall 
        notify the appropriate congressional committees not later than 
        90 days after receiving any credible information regarding an 
        unauthorized end-use or diversion of United States exports of 
        goods or services made pursuant to any agreement with a country 
        to gain exemption from the licensing requirements of the Arms 
        Export Control Act. The notification shall be made in a manner 
        that is consistent with any ongoing efforts to investigate and 
        commence civil actions or criminal investigations or 
        prosecutions regarding such matters and may be made in 
        classified or unclassified form.
            (2) Content.--The notification regarding an unauthorized 
        end-use or diversion of goods or services under paragraph (1) 
        shall include--
                    (A) a description of the goods or services;
                    (B) the United States origin of the good or 
                service;
                    (C) the authorized recipient of the good or 
                service;
                    (D) a detailed description of the unauthorized end-
                use or diversion, including any knowledge by the United 
                States exporter of such unauthorized end-use or 
                diversion;
                    (E) any enforcement action taken by the Government 
                of the United States; and
                    (F) any enforcement action taken by the government 
                of the recipient nation.

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

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

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

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

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

    (b) Continuation in Office.--The individual serving as the 
Inspector General of the Coalition Provisional Authority as of the date 
of the enactment of this Act may continue to serve in that position 
after that date without reappointment under paragraph (1) of section 
3001(c) of the Emergency Supplemental Appropriations Act for Defense 
and Reconstruction of Iraq and Afghanistan, 2004, but remaining subject 
to removal as specified in paragraph (4) of that section.
    (c) Purposes.--Subsection (a) of such section is amended--
            (1) in paragraph (1), by striking ``of the Coalition 
        Provisional Authority (CPA)'' and inserting ``funded with 
        amounts appropriated or otherwise made available to the Iraq 
        Relief and Reconstruction Fund'';
            (2) in paragraph (2)(B), by striking ``fraud'' and 
        inserting ``waste, fraud,''; and
            (3) in paragraph (3), by striking ``the head of the 
        Coalition Provisional Authority'' and inserting ``the Secretary 
        of State and the Secretary of Defense''.
    (d) Responsibilities of Assistant Inspector General for Auditing.--
Subsection (d)(1) of such section is amended by striking ``of the 
Coalition Provisional Authority'' and inserting ``supported by the Iraq 
Relief and Reconstruction Fund''.
    (e) Supervision.--Such section is further amended--
            (1) in subsection (e)(1), by striking ``the head of the 
        Coalition Provisional Authority'' and inserting ``the Secretary 
        of State and the Secretary of Defense'';
            (2) in subsection (h)--
                    (A) in paragraphs (4)(B) and (5), by striking 
                ``head of the Coalition Provisional Authority'' and 
                inserting ``Secretary of State''; and
                    (B) in paragraph (5), by striking ``at the central 
                and field locations of the Coalition Provisional 
                Authority'' and inserting ``at appropriate locations of 
                the Department of State in Iraq'';
            (3) in subsection (j)--
                    (A) in paragraph (1), by striking ``the head of the 
                Coalition Provisional Authority'' and inserting ``the 
                Secretary of State and the Secretary of Defense''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``the head of the 
                                Coalition Provisional Authority'' the 
                                first place it appears and inserting 
                                ``the Secretary of State or the 
                                Secretary of Defense''; and
                                    (II) by striking ``the head of the 
                                Coalition Provisional Authority 
                                considers'' the second place it appears 
                                and inserting ``the Secretary of State 
                                or the Secretary of Defense, as the 
                                case may be, consider''; and
                            (ii) in subparagraph (B), by striking ``the 
                        head of the Coalition Provisional Authority 
                        considers'' and inserting ``the Secretary of 
                        State or the Secretary of Defense, as the case 
                        may be, consider''; and
            (4) in subsection (k), by striking ``the head of the 
        Coalition Provisional Authority shall'' each place it appears 
        and inserting ``the Secretary of State and the Secretary of 
        Defense shall jointly''.
    (f) Duties.--Subsection (f)(1) of such section is amended by 
striking ``appropriated funds by the Coalition Provisional Authority in 
Iraq'' and inserting ``amounts appropriated or otherwise made available 
to the Iraq Relief and Reconstruction Fund''.
    (g) Coordination With Inspector General of Department of State.--
Subsection (f) of such section is further amended striking paragraphs 
(4) and (5) and inserting the following new paragraph (4):
    ``(4) In carrying out the duties, responsibilities, and authorities 
of the Inspector General under this section, the Inspector General 
shall coordinate with, and receive the cooperation of, each of the 
following:
            ``(A) The Inspector General of the Department of Defense.
            ``(B) The Inspector General of the United States Agency for 
        International Development.
            ``(C) The Inspector General of the Department of State.''.
    (h) Powers and Authorities.--Subsection (g) of such section is 
amended by inserting before the period the following: ``, including the 
authorities under subsection (e) of such section''.
    (i) Reports.--Subsection (i) of such section is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence, by striking ``and every 
                calendar quarter thereafter,'' and all that follows 
                through ``the Coalition Provisional Authority'' and 
                inserting ``again on July 30, 2004, and every calendar 
                quarter thereafter, the Inspector General shall submit 
                to the appropriate committees of Congress a report 
                summarizing the activities of the Inspector General and 
                the programs and operations funded with amounts 
                appropriated or otherwise made available to the Iraq 
                Relief and Reconstruction Fund'';
                    (B) in subparagraph (B), by striking ``the 
                Coalition Provisional Authority'' and inserting ``the 
                Department of Defense, the Department of State, and the 
                United States Agency for International Development, as 
                applicable,'';
                    (C) in subparagraph (E), by striking ``appropriated 
                funds'' and inserting ``such amounts''; and
                    (D) in subparagraph (F), by striking ``the 
                Coalition Provisional Authority'' and inserting ``the 
                contracting department or agency'';
            (2) in paragraph (2), by striking ``by the Coalition 
        Provisional Authority'' and inserting ``by any department or 
        agency of the United States Government that involves the use of 
        amounts appropriated or otherwise made available to the Iraq 
        Relief and Reconstruction Fund'';
            (3) in paragraph (3), by striking ``June 30, 2004'' and 
        inserting ``July 30, 2004''; and
            (4) in paragraph (4), by striking ``the Coalition 
        Provisional Authority'' and inserting ``the Department of State 
        and of the Department of Defense''.
    (j) Termination.--Subsection (o) of such section is amended to read 
as follows:
    ``(o) Termination.--The Office of the Inspector General shall 
terminate on the date that is 10 months after the date, as determined 
by the Secretary of State, on which 80 percent of the amounts 
appropriated or otherwise made available to the Iraq Relief and 
Reconstruction Fund by chapter 2 of title II of this Act have been 
obligated.''.

SEC. 1059C. TREATMENT OF FOREIGN PRISONERS.

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

                       Subtitle G--Other Matters

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

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

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

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

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

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

SEC. 1064. LICENSING OF INTELLECTUAL PROPERTY.

    (a) Authority.--Subchapter II of chapter 134 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2260. Licensing of intellectual property: retention of fees
    ``(a) Authority.--Under regulations prescribed by the Secretary of 
Defense, the Secretary concerned may license trademarks, service marks, 
certification marks, and collective marks owned or controlled by the 
Secretary concerned and may retain and expend fees received from such 
licensing in accordance with this section.
    ``(b) Designated Marks.--The Secretary concerned shall designate 
the trademarks, service marks, certification marks, and collective 
marks as to which the Secretary exercises the authority to retain 
licensing fees under this section.
    ``(c) Use of Fees.--The Secretary concerned shall use fees retained 
under this section for purposes as follows:
            ``(1) For payment of the following costs incurred by the 
        Secretary:
                    ``(A) Costs of securing trademark registrations.
                    ``(B) Costs of operating the licensing program 
                under this section.
            ``(2) For morale, welfare, and recreation activities under 
        the jurisdiction of the Secretary, to the extent (if any) that 
        the total amount of the licensing fees available under this 
        section for a fiscal year exceed the total amount needed for 
        such fiscal year under paragraph (1).
    ``(d) Availability.--Fees received in a fiscal year and retained 
under this section shall be available for obligations in such fiscal 
year and the following two fiscal years.
    ``(e) Definitions.--In this section, the terms `trademark', 
`service mark', `certification mark', and `collective mark' have the 
meanings given such terms in section 45 of the Act entitled `An Act to 
provide for the registration and protection of trademarks used in 
commerce, to carry out the provisions of certain international 
conventions, and for other purposes', approved July 5, 1946 (commonly 
referred to as the `Trademark Act of 1946') (15 U.S.C. 1127).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

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

SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRATION PROJECT.

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

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

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

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

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

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

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

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

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

SEC. 1070. MISSILE DEFENSE COOPERATION.

    (a) Department of State Procedures for Expedited Review of Licenses 
for the Transfer of Defense Items Related to Missile Defense.--
            (1) Expedited procedures.--The Secretary of State shall, in 
        consultation with the Secretary of Defense, establish 
        procedures for considering technical assistance agreements and 
        related amendments and munitions license applications for the 
        export of defense items related to missile defense not later 
        than 30 days after receiving such agreements, amendments, and 
        munitions license applications, except in cases in which the 
        Secretary of State determines that additional time is required 
        to complete a review of a technical assistance agreement or 
        related amendment or a munitions license application for 
        foreign policy or national security reasons, including concerns 
        regarding the proliferation of ballistic missile technology.
            (2) Study on comprehensive authorizations for missile 
        defense.--The Secretary of State shall, in consultation with 
        the Secretary of Defense, examine the feasibility of providing 
        major project authorizations for programs related to missile 
        defense similar to the comprehensive export authorization 
        specified in section 126.14 of the International Traffic in 
        Arms Regulations (section 126.14 of title 22, Code of Federal 
        Regulations).
            (3) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of State shall, in 
        consultation with the Secretary of Defense, submit to the 
        Committee on Foreign Relations and the Committee on Armed 
        Services of the Senate and the Committee on International 
        Relations and the Committee on Armed Services of the House of 
        Representatives a report on--
                    (A) the implementation of the expedited procedures 
                required under paragraph (1); and
                    (B) the feasibility of providing the major project 
                authorization for projects related to missile defense 
                described in paragraph (2).
    (b) Department of Defense Procedures for Expedited Review of 
Licenses for the Transfer of Defense Items Related to Missile 
Defense.--
            (1) Procedures.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall, in 
        consultation with the Secretary of State, prescribe procedures 
        to increase the efficiency and transparency of the practices 
        used by the Department of Defense to review technical 
        assistance agreements and related amendments and munitions 
        license applications related to international cooperation on 
        missile defense that are referred to the Department.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense, in 
        consultation with the Secretary of State, shall submit to the 
        Committee on Armed Services and the Committee on Foreign 
        Relations of the Senate and the Committee on Armed Services and 
        the Committee on International Relations of the House of 
        Representatives a report--
                    (A) describing actions taken by the Secretary of 
                Defense to coordinate with the Secretary of State the 
                establishment of the expedited review process described 
                in subsection (a)(1);
                    (B) identifying key defense items related to 
                missile defense that are suitable for comprehensive 
                licensing procedures; and
                    (C) describing the procedures prescribed pursuant 
                to paragraph (1).
    (c) Definition of Defense Items.--In this section, the term 
``defense items'' has the meaning given that term in section 
38(j)(4)(A) of the Arms Export Control Act (22 U.S.C. 2778(j)(4)(A)).

SEC. 1071. POLICY ON NONPROLIFERATION OF BALLISTIC MISSILES.

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

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

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

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

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

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

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

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

            (2) by inserting the following:

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

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``Sec. 120101. Organization
    ``(a) Federal Charter.--Korean War Veterans Association, 
Incorporated (in this chapter, the `corporation'), incorporated in the 
State of New York, is a federally chartered corporation.
    ``(b) Expiration of Charter.--If the corporation does not comply 
with the provisions of this chapter, the charter granted by subsection 
(a) expires.
``Sec. 120102. Purposes
    ``The purposes of the corporation are as provided in its articles 
of incorporation and include--
            ``(1) organizing, promoting, and maintaining for benevolent 
        and charitable purposes an association of persons who have seen 
        honorable service in the Armed Forces during the Korean War, 
        and of certain other persons;
            ``(2) providing a means of contact and communication among 
        members of the corporation;
            ``(3) promoting the establishment of, and establishing, war 
        and other memorials commemorative of persons who served in the 
        Armed Forces during the Korean War; and
            ``(4) aiding needy members of the corporation, their wives 
        and children, and the widows and children of persons who were 
        members of the corporation at the time of their death.
``Sec. 120103. Membership
    ``Eligibility for membership in the corporation, and the rights and 
privileges of members of the corporation, are as provided in the bylaws 
of the corporation.
``Sec. 120104. Governing body
    ``(a) Board of Directors.--The board of directors of the 
corporation, and the responsibilities of the board of directors, are as 
provided in the articles of incorporation of the corporation.
    ``(b) Officers.--The officers of the corporation, and the election 
of the officers of the corporation, are as provided in the articles of 
incorporation.
``Sec. 120105. Powers
    ``The corporation has only the powers provided in its bylaws and 
articles of incorporation filed in each State in which it is 
incorporated.
``Sec. 120106. Restrictions
    ``(a) Stock and Dividends.--The corporation may not issue stock or 
declare or pay a dividend.
    ``(b) Political Activities.--The corporation, or a director or 
officer of the corporation as such, may not contribute to, support, or 
participate in any political activity or in any manner attempt to 
influence legislation.
    ``(c) Loan.--The corporation may not make a loan to a director, 
officer, or employee of the corporation.
    ``(d) Claim of Governmental Approval or Authority.--The corporation 
may not claim congressional approval, or the authority of the United 
States, for any of its activities.
``Sec. 120107. Duty to maintain corporate and tax-exempt status
    ``(a) Corporate Status.--The corporation shall maintain its status 
as a corporation incorporated under the laws of the State of New York.
    ``(b) Tax-Exempt Status.--The corporation shall maintain its status 
as an organization exempt from taxation under the Internal Revenue Code 
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 120108. Records and inspection
    ``(a) Records.--The corporation shall keep--
            ``(1) correct and complete records of account;
            ``(2) minutes of the proceedings of its members, board of 
        directors, and committees having any of the authority of its 
        board of directors; and
            ``(3) at its principal office, a record of the names and 
        addresses of its members entitled to vote on matters relating 
        to the corporation.
    ``(b) Inspection.--A member entitled to vote on matters relating to 
the corporation, or an agent or attorney of the member, may inspect the 
records of the corporation for any proper purpose, at any reasonable 
time.
``Sec. 120109. Service of process
    ``The corporation shall have a designated agent in the District of 
Columbia to receive service of process for the corporation. Notice to 
or service on the agent is notice to or service on the Corporation.
``Sec. 120110. Liability for acts of officers and agents
    ``The corporation is liable for the acts of its officers and agents 
acting within the scope of their authority.
``Sec. 120111. Annual report
    ``The corporation shall submit an annual report to Congress on the 
activities of the corporation during the preceding fiscal year. The 
report shall be submitted at the same time as the report of the audit 
required by section 10101 of this title. The report may not be printed 
as a public document.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
subtitle II of title 36, United States Code, is amended by striking the 
item relating to chapter 1201 and inserting the following new item:

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

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

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

SEC. 1076. AERIAL FIREFIGHTING EQUIPMENT.

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

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

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

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

    (a) Findings.--Congress makes the following findings:
            (1) The Liberty Memorial Museum in Kansas City, Missouri, 
        was built in 1926 in honor of those individuals who served in 
        World War I in defense of liberty and the Nation.
            (2) The Liberty Memorial Association, a nonprofit 
        organization which originally built the Liberty Memorial 
        Museum, is responsible for the finances, operations, and 
        collections management of the Liberty Memorial Museum.
            (3) The Liberty Memorial Museum is the only public museum 
        in the Nation that exists for the exclusive purpose of 
        interpreting the experiences of the United States and its 
        allies in the World War I years (1914-1918), both on the 
        battlefield and on the home front.
            (4) The Liberty Memorial Museum project began after the 
        1918 Armistice through the efforts of a large-scale, grass-
        roots civic and fundraising effort by the citizens and veterans 
        of the Kansas City metropolitan area. After the conclusion of a 
        national architectural design competition, ground was broken in 
        1921, construction began in 1923, and the Liberty Memorial 
        Museum was opened to the public in 1926.
            (5) In 1994, the Liberty Memorial Museum closed for a 
        massive restoration and expansion project. The restored museum 
        reopened to the public on Memorial Day, 2002, during a gala 
        rededication ceremony.
            (6) Exhibits prepared for the original museum buildings 
        presaged the dramatic, underground expansion of core exhibition 
        gallery space, with over 30,000 square feet of new interpretive 
        and educational exhibits currently in development. The new 
        exhibits, along with an expanded research library and archives, 
        will more fully utilize the many thousands of historical 
        objects, books, maps, posters, photographs, diaries, letters, 
        and reminiscences of World War I participants that are 
        preserved for posterity in the Liberty Memorial Museum's 
        collections. The new core exhibition is scheduled to open on 
        Veterans Day, 2006.
            (7) The City of Kansas City, the State of Missouri, and 
        thousands of private donors and philanthropic foundations have 
        contributed millions of dollars to build and later to restore 
        this national treasure. The Liberty Memorial Museum continues 
        to receive the strong support of residents from the States of 
        Missouri and Kansas and across the Nation.
            (8) Since the restoration and rededication of 2002, the 
        Liberty Memorial Museum has attracted thousands of visitors 
        from across the United States and many foreign countries.
            (9) There remains a need to preserve in a museum setting 
        evidence of the honor, courage, patriotism, and sacrifice of 
        those Americans who offered their services and who gave their 
        lives in defense of liberty during World War I, evidence of the 
        roles of women and African Americans during World War I, and 
        evidence of other relevant subjects.
            (10) The Liberty Memorial Museum seeks to educate a diverse 
        group of audiences through its comprehensive collection of 
        historical materials, emphasizing eyewitness accounts of the 
        participants on the battlefield and the home front and the 
        impact of World War I on individuals, then and now. The Liberty 
        Memorial Museum continues to actively acquire and preserve such 
        materials.
            (11) A great opportunity exists to use the invaluable 
        resources of the Liberty Memorial Museum to teach the ``Lessons 
        of Liberty'' to the Nation's schoolchildren through on-site 
        visits, classroom curriculum development, distance learning, 
        and other educational initiatives.
            (12) The Liberty Memorial Museum should always be the 
        Nation's museum of the national experience in the World War I 
        years (1914-1918), where people go to learn about this critical 
        period and where the Nation's history of this monumental 
        struggle will be preserved so that generations of the 21st 
        century may understand the role played by the United States in 
        the preservation and advancement of democracy, freedom, and 
        liberty in the early 20th century.
            (13) This initiative to recognize and preserve the history 
        of the Nation's sacrifices in World War I will take on added 
        significance as the Nation approaches the centennial observance 
        of this event.
            (14) It is fitting and proper to refer to the Liberty 
        Memorial Museum as ``America's National World War I Museum''.
    (b) Sense of Congress.--Congress--
            (1) recognizes the Liberty Memorial Museum in Kansas City, 
        Missouri, including the museum's future and expanded exhibits, 
        collections, library, archives, and educational programs, as 
        ``America's National World War I Museum'';
            (2) recognizes that the continuing collection, 
        preservation, and interpretation of the historical objects and 
        other historical materials held by the Liberty Memorial Museum 
        enhance the knowledge and understanding of the Nation's people 
        of the American and allied experience during the World War I 
        years (1914-1918), both on the battlefield and on the home 
        front;
            (3) commends the ongoing development and visibility of 
        ``Lessons of Liberty'' educational outreach programs for 
        teachers and students throughout the Nation; and
            (4) encourages the need for present generations to 
        understand the magnitude of World War I, how it shaped the 
        Nation, other countries, and later world events, and how the 
        sacrifices made then helped preserve liberty, democracy, and 
        other founding principles for generations to come.

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

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

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

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

SEC. 1081. CONTRACTOR ACCOUNTABILITY.

    Section 3267(1)(A) of title 18, United States Code, is amended to 
read as follows:
                    ``(A) employed as--
                            ``(i) a civilian employee of--
                                    ``(I) the Department of Defense 
                                (including a nonappropriated fund 
                                instrumentality of the Department); or
                                    ``(II) any other Federal agency, or 
                                any provisional authority, to the 
                                extent such employment relates to 
                                supporting the mission of the 
                                Department of Defense overseas;
                            ``(ii) a contractor (including a 
                        subcontractor at any tier) of--
                                    ``(I) the Department of Defense 
                                (including a nonappropriated fund 
                                instrumentality of the Department); or
                                    ``(II) any other Federal agency, or 
                                any provisional authority, to the 
                                extent such employment relates to 
                                supporting the mission of the 
                                Department of Defense overseas; or
                            ``(iii) an employee of a contractor (or 
                        subcontractor at any tier) of--
                                    ``(I) the Department of Defense 
                                (including a nonappropriated fund 
                                instrumentality of the Department); or
                                    ``(II) any other Federal agency, or 
                                any provisional authority, to the 
                                extent such employment relates to 
                                supporting the mission of the 
                                Department of Defense overseas;''.

SEC. 1082. DEFINITION OF UNITED STATES.

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

SEC. 1083. MENTOR-PROTEGE PILOT PROGRAM.

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

SEC. 1084. BROADCAST DECENCY ENFORCEMENT ACT OF 2004.

    (a) Short Title.--This section may be cited as the ``Broadcast 
Decency Enforcement Act of 2004''.
    (b) Purpose.--The purpose of this section is to increase the 
Federal Communications Commission's (FCC) authority to fine for 
indecent broadcasts and prevent further relaxation of the media 
ownership rules in order to stem the rise of indecent programming.
    (c) Findings.--The Congress makes the following findings:
            (1) Since 1996 there has been significant consolidation in 
        the media industry, including:
                    (A) Radio.--Clear Channel Communications went from 
                owning 43 radio stations prior to 1996 to over 1,200 as 
                of January 2003; Cumulus Broadcasting, Inc. was 
                established in 1997 and owned 266 stations as of 
                December 2003, making it the second-largest radio 
                ownership company in the country; and Infinity 
                Broadcasting Corporation went from owning 43 radio 
                stations prior to 1996 to over 185 stations as of June 
                2004;
                    (B) Television.--Viacom/CBS's national ownership of 
                television stations increased from 31.53 percent of 
                United States television households prior to 1996 to 
                38.9 percent in 2004; GE/NBC's national ownership of 
                television stations increased from 24.65 percent prior 
                to 1996 to 33.56 percent in 2004; News Corp./Fox's 
                national ownership of television stations increased 
                from 22.05 percent prior to 1996 to 37.7 percent in 
                2004;
                    (C) Media mergers.--In 2000, Viacom merged with CBS 
                and UPN; in 2002, GE/NBC merged with Telemundo 
                Communications, Inc. and in 2004 with Vivendi Universal 
                Entertainment; in 2003 News Corp./Fox acquired a 
                controlling interest in DirecTV; in 2000, Time Warner, 
                Inc. merged with America Online.
            (2) Over the same period that there has been significant 
        consolidation in the media industry, the number of indecency 
        complaints also has increased dramatically. The largest owners 
        of television and radio broadcast holdings have received the 
        greatest number of indecency complaints and the largest fines, 
        including:
                    (A) Over 80 percent of the fines proposed by the 
                Federal Communications Commission for indecent 
                broadcasts were against stations owned by two of the 
                top three radio companies. The top radio company alone 
                accounts for over two-thirds of the fines proposed by 
                the FCC;
                    (B) Two of the largest fines proposed by the FCC 
                were against two of the top three radio companies;
                    (C) In 2004, the FCC received over 500,000 
                indecency complaints in response to the Superbowl 
                Halftime show aired on CBS and produced by MTV, both of 
                which are owned by Viacom. This is the largest number 
                of complaints ever received by the FCC for a single 
                broadcast;
                    (D) The number of indecency complaints increased 
                from 111 in 2000 to 240,350 in 2003;
            (3) Media conglomerates do not consider or reflect local 
        community standards.
                    (A) The FCC has no record of a television station 
                owned by one of the big four networks (Viacom/CBS, 
                Disney/ABC, News Corp./Fox or GE/NBC) pre-empting 
                national programming for failing to meet community 
                standards;
                    (B) FCC records show that non-network owned 
                stations have often rejected national network 
                programming found to be indecent and offensive to local 
                community standards;
                    (C) A letter from an owned and operated station 
                manager to a viewer stated that programming decisions 
                are made by network headquarters and not the local 
                owned and operated television station management;
                    (D) The Parents Television Council has found that 
                the ``losers'' of network ownership ``are the local 
                communities whose standards of decency are being 
                ignored;''
            (4) The Senate Commerce Committee has found that the 
        current fines do not deter indecent broadcast because they are 
        merely the cost of doing business for large media companies. 
        Therefore, in order to prevent the continued rise of indecency 
        violations, the FCC's authority for indecency fines should be 
        increased and further media consolidation should be prevented.
    (d) Increase in Penalties for Obscene, Indecent, and Profane 
Broadcast.--Section 503(b)(2) of the Communications Act of 1934 (47 
U.S.C. 503(b)(2)) is amended.--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
            ``(C) Notwithstanding subparagraph (A), if the violator 
        is--
                    ``(i)(I) a broadcast station licensee or permittee; 
                or
                    ``(II) an applicant for any broadcast license, 
                permit, certificate, or other instrument or 
                authorization issued by the Commission; and
                    ``(ii) determined by the Commission under paragraph 
                (1) to have broadcast obscene, indecent, or profane 
                language, the amount of any forfeiture penalty 
                determined under this subsection shall not exceed 
                $275,000 for each violation or each day of a continuing 
                violation, except that the amount assessed for any 
                continuing violation shall not exceed a total of 
                $3,000,000 for any single act or failure to act.''; and
            (3) in subparagraph (D), as redesignated by paragraph (1), 
        by striking ``subparagraph (A) or (B)'' and inserting 
        ``subparagraph (A), (B), or (C)''.
    (e) New Broadcast Media Ownership Rules Suspended.--
            (1) Suspension.--Subject to the provisions of 
        paragraphs(d)(2), the broadcast media ownership rules adopted 
        by the Federal Communications Commission on June 2, 2003, 
        pursuant to its proceeding on broadcast media ownership rules, 
        Report and Order FCC-03-127, published at 68 FR 46286, August 
        5, 2003, shall be invalid and without legal effect.
            (2) Clarification.--The provisions of paragraph (1) shall 
        not supersede the amendments made by section 629 of the 
        Miscellaneous Appropriations and Offsets Act, 2004 (Public Law 
        108-199).
    (f) Additional Factors in Indecency Penalties; Exception.--Section 
503(b)(2) of the Communications Act of 1934 (47 U.S.C. 503(b)(2)), is 
further amended by adding at the end the following:
    ``(F) In the case of a violation in which the violator is 
determined by the Commission under paragraph (1) to have uttered 
obscene, indecent, or profane material, the Commission shall take into 
account, in addition to the matters described in subparagraph (E), the 
following factors with respect to the degree of culpability of the 
violator:
            ``(i) Whether the material uttered by the violator was live 
        or recorded, scripted or unscripted.
            ``(ii) Whether the violator had a reasonable opportunity to 
        review recorded or scripted programming or had a reasonable 
        basis to believe live or unscripted programming would contain 
        obscene, indecent, or profane material.
            ``(iii) If the violator originated live or unscripted 
        programming, whether a time delay blocking mechanism was 
        implemented for the programming.
            ``(iv) The size of the viewing or listening audience of the 
        programming.
            ``(v) Whether the obscene incident or profane language was 
        within live programming not produced by the station licensee or 
        permitee.
            ``(vi) The size of the market.
            ``(vii) Whether the violation occurred during a children's 
        television program (as such term is used in the Children's 
        Television Programming Policy referenced in section 73.4050(c) 
        of the Commission's regulations (47 C.F.R. 73.4050(c)) or 
        during a television program rated TVY, TVY7, TVY7FV, or TVG 
        under the TV Parental Guidelines as such ratings were approved 
        by the Commission in implementation of section 551 of the 
        Telecommunications Act of 1996, Video Programming Ratings, 
        Report and Order, CS Docket No. 97-55, 13 F.C.C. Rcd. 8232 
        (1998)), and, with respect to a radio broadcast station 
        licensee, permittee, or applicant, whether the target audience 
        was primarily comprised of, or should reasonably have been 
        expected to be primarily comprised of, children.''
    ``(G) The Commission may double the amount of any forfeiture 
penalty (not to exceed $550,000 for the first violation, $750,000 for 
the second violation, and $1,000,000 for the third or any subsequent 
violation not to exceed up to $3,000,000 for all violations in a 24-
hour time period notwithstanding section 503(b)(2)(C)) if the 
Commission determines additional factors are present which are 
aggravating in nature, including--
            ``(i) whether the material uttered by the violator was 
        recorded or scripted;
            ``(ii) whether the violator had a reasonable opportunity to 
        review recorded or scripted programming or had a reasonable 
        basis to believe live or unscripted programming would contain 
        obscene, indecent, or profane material;
            ``(iii) whether the violator failed to block live or 
        unscripted programming;
            ``(iv) whether the size of the viewing or listening 
        audience of the programming was substantially larger than 
        usual, such as a national or international championship 
        sporting event or awards program; and
            ``(v) whether the violation occured during a children's 
        television program (as defined in subparagraph (F) (vii)).''

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

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

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

    (a) Report.--The Federal Communications Commission shall--
            (1) assess the effectiveness of measures to require 
        television broadcasters and multichannel video programming 
        distributors (as defined in section 602(13) of the 
        Communications Act of 1934 (47 U.S.C. 522(13)) to rate and 
        encode programming that could be blocked by parents using the 
        V-chip undertaken under section 715 of the Communications Act 
        of 1934 (47 U.S.C. 715) and under subsections (w) and (x) of 
        section 303 of that Act (47 U.S.C. 303(w) and (x)) in 
        accomplishing the purposes for which they were enacted; and
            (2) report its findings to the Committee on Commerce, 
        Science, and Transportation of the United States Senate and the 
        Committee on Energy and Commerce of the United States House of 
        Representatives, within 12 months after the date of enactment 
        of this Act, and annually thereafter.
    (b) Action.--If the Commission finds at any time, as a result of 
its ongoing assessment under subsection (a), that the measures referred 
to in subsection (a)(1) are insufficiently effective, then the 
Commission shall complete a rulemaking within 270 days after the date 
on which the Commission makes that finding to prohibit the distribution 
of violent video programming during the hours when children are 
reasonably likely to comprise a substantial portion of the audience.
    (c) Definitions.--Any term used in this section that is defined in 
section 715 of the Communications Act of 1934 (47 U.S.C. 715), or in 
regulations under that section, has the same meaning as when used in 
that section or in those regulations.

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

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

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

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

SEC. 1088. SEPARABILITY.

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

SEC. 1089. EFFECTIVE DATE.

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

SEC. 1090. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.

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

SEC. 1091. ENERGY SAVINGS PERFORMANCE CONTRACTS.

    (a) In General.--Section 801(c) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287(c)) is amended by striking ``2003'' and 
inserting ``2005''.
    (b) Payment of Costs.--Section 802 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting ``, 
water, or wastewater treatment'' after ``payment of energy''.
    (c) Energy Savings.--Section 804(2) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as 
follows:
            ``(2) The term `energy savings' means a reduction in the 
        cost of energy, water, or wastewater treatment, from a base 
        cost established through a methodology set forth in the 
        contract, used in an existing federally owned building or 
        buildings or other federally owned facilities as a result of--
                    ``(A) the lease or purchase of operating equipment, 
                improvements, altered operation and maintenance, or 
                technical services;
                    ``(B) the increased efficient use of existing 
                energy sources by cogeneration or heat recovery, 
                excluding any cogeneration process for other than a 
                federally owned building or buildings or other 
                federally owned facilities; or
                    ``(C) the increased efficient use of existing water 
                sources in either interior or exterior applications.''.
    (d) Energy Savings Contract.--Section 804(3) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as 
follows:
            ``(3) The terms `energy savings contract' and `energy 
        savings performance contract' mean a contract that provides for 
        the performance of services for the design, acquisition, 
        installation, testing, and, where appropriate, operation, 
        maintenance, and repair, of an identified energy or water 
        conservation measure or series of measures at 1 or more 
        locations. Such contracts shall, with respect to an agency 
        facility that is a public building (as such term is defined in 
        section 3301 of title 40, United States Code), be in compliance 
        with the prospectus requirements and procedures of section 3307 
        of title 40, United States Code.''.
    (e) Energy or Water Conservation Measure.--Section 804(4) of the 
National Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended 
to read as follows:
            ``(4) The term `energy or water conservation measure' 
        means--
                    ``(A) an energy conservation measure, as defined in 
                section 551; or
                    ``(B) a water conservation measure that improves 
                the efficiency of water use, is life-cycle cost-
                effective, and involves water conservation, water 
                recycling or reuse, more efficient treatment of 
                wastewater or stormwater, improvements in operation or 
                maintenance efficiencies, retrofit activities, or other 
                related activities, not at a Federal hydroelectric 
                facility.''.
    (f) Review.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Energy shall complete a review 
of the Energy Savings Performance Contract program to identify 
statutory, regulatory, and administrative obstacles that prevent 
Federal agencies from fully utilizing the program. In addition, this 
review shall identify all areas for increasing program flexibility and 
effectiveness, including audit and measurement verification 
requirements, accounting for energy use in determining savings, 
contracting requirements, including the identification of additional 
qualified contractors, and energy efficiency services covered. The 
Secretary shall report these findings to Congress and shall implement 
identified administrative and regulatory changes to increase program 
flexibility and effectiveness to the extent that such changes are 
consistent with statutory authority.
    (g) Extension of Authority.--Any energy savings performance 
contract entered into under section 801 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and 
before the date of enactment of this Act, shall be deemed to have been 
entered into pursuant to such section 801 as amended by subsection (a) 
of this section.

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

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

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

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

       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

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

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

SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.

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

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

    (a) Pay Rates.--Section 1602(a) of title 10, United States Code, is 
amended by striking ``in relation to the rates of pay provided in 
subpart D of part III of title 5 for positions subject to that subpart 
which have corresponding levels of duties and responsibilities'' and 
inserting ``in relation to the rates of pay provided for comparable 
positions in the Department of Defense, including Senior Executive 
Service positions (as defined in section 3132 of title 5) or other 
senior level positions''.
    (b) Performance Appraisal System.--Section 1606 of such title is 
amended by adding at the end the following new subsection:
    ``(d) Performance Appraisals.--(1) The Defense Intelligence Senior 
Executive Service shall be subject to a performance appraisal system 
which, as designed and applied, is certified by the Secretary of 
Defense under section 5307 of title 5 as making meaningful distinctions 
based on relative performance.
    ``(2) The performance appraisal system applicable to the Defense 
Intelligence Senior Executive Service under paragraph (1) may be the 
same performance appraisal system that is established and implemented 
within the Department of Defense for members of the Senior Executive 
Service.''.

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

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

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

    (a) Authority.--Chapter 81 of title 10, United States Code, is 
amended by inserting after section 1587 the following new section:
``Sec. 1587a. Employees of nonappropriated fund instrumentalities: 
              senior executive pay levels
    ``(a) Authority.--To achieve the objective stated in subsection 
(b), the Secretary of Defense may regulate the amount of total 
compensation that is provided for senior executives of nonappropriated 
fund instrumentalities who, for the fixing of pay by administrative 
action, are under the jurisdiction of the Secretary of Defense or the 
Secretary of a military department.
    ``(b) Pay Parity.--The objective of an action taken with respect to 
the compensation of a senior executive under subsection (a) is to 
provide for parity between the total compensation provided for such 
senior executive and total compensation that is provided for Department 
of Defense employees in Senior Executive Service positions or other 
senior executive positions.
    ``(c) Standards of Comparability.--Subject to subsection (d), the 
Secretary of Defense shall prescribe the standards of comparison that 
are to apply in the making of the determinations necessary to achieve 
the objective stated in subsection (b).
    ``(d) Establishment of Pay Rates.--The Secretary of Defense shall 
apply subsections (a) and (b) of section 5382 of title 5 in the 
regulation of compensation under this section.
    ``(e) Relationship to Pay Limitation.--The Secretary of Defense may 
exercise the authority provided in subsection (a) without regard to 
section 5373 of title 5.
    ``(f) Definitions.--In this section:
            ``(1) The term `compensation' includes rate of basic pay.
            ``(2) The term `Senior Executive Service position' has the 
        meaning given such term in section 3132 of title 5.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1587 the following new item:

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

SEC. 1106. HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF NONAPPROPRIATED 
              FUND INSTRUMENTALITIES.

    (a) Establishment.--(1) Chapter 81 of title 10, United States Code, 
as amended by section 1105(a), is further amended by inserting after 
section 1587a the following new section:
``Sec. 1587b. Employees of nonappropriated fund instrumentalities: 
              health benefits program
    ``(a) Program Required.--The Secretary of Defense shall provide a 
uniform health benefits program for employees of the Department of 
Defense assigned to a nonappropriated fund instrumentality of the 
United States.
    ``(b) Exemption From State and Local Laws, Taxes, and Other 
Requirements.--The exemption in section 8909(f) of title 5 shall apply 
to the program under subsection (a) and to a carrier, underwriting 
contractor, and plan administration contractor under such program in 
the same manner and to the same extent as such exemption applies under 
section 8909(f) of such title to an approved health benefits plan under 
chapter 89 of such title and a carrier, underwriting subcontractor, and 
plan administration subcontractor, respectively, of such a plan.''.
    (2) The table of sections at the beginning of such chapter, as 
amended by section 1105(b), is further amended by inserting after the 
item relating to section 1587a the following new item:

``1587b. Employees of nonappropriated fund instrumentalities: health 
                            benefits program.''.
    (b) Repeal of Superseded Law.--Section 349 of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
2727; 10 U.S.C. 1587 note) is repealed.

SEC. 1107. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF 
              MANAGEMENT AND BUDGET CIRCULAR A-76.

    (a) Eligibility To Protest.--(1) Section 3551(2) of title 31, 
United States Code, is amended to read as follows:
            ``(2) The term `interested party'--
                    ``(A) with respect to a contract or a solicitation 
                or other request for offers described in paragraph (1), 
                means an actual or prospective bidder or offeror whose 
                direct economic interest would be affected by the award 
                of the contract or by failure to award the contract; 
                and
                    ``(B) with respect to a public-private competition 
                conducted under Office of Management and Budget 
                Circular A-76 regarding performance of an activity or 
                function of a Federal agency, includes--
                            ``(i) any official who submitted the agency 
                        tender in such competition; and
                            ``(ii) any one person who, for the purpose 
                        of representing them in a protest under this 
                        subchapter that relates to such competition, 
                        has been designated as their agent by a 
                        majority of the employees of such Federal 
                        agency who are engaged in the performance of 
                        such activity or function.''.
    (2)(A) Subchapter V of chapter 35 of such title is amended by 
adding at the end the following new section:
``Sec. 3557. Expedited action in protests for public-private 
              competitions
    ``For protests in cases of public-private competitions conducted 
under Office of Management and Budget Circular A-76 regarding 
performance of an activity or function of Federal agencies, the 
Comptroller General shall administer the provisions of this subchapter 
in a manner best suited for expediting final resolution of such 
protests and final action in such competitions.''.
    (B) The chapter analysis at the beginning of such chapter is 
amended by inserting after the item relating to section 3556 the 
following new item:

``3557. Expedited action in protests for public-private 
                            competitions.''.
    (b) Right To Intervene in Civil Action.--Section 1491(b) of title 
28, United States Code, is amended by adding at the end the following 
new paragraph:
    ``(5) If a private sector interested party commences an action 
described in paragraph (1) in the case of a public-private competition 
conducted under Office of Management and Budget Circular A-76 regarding 
performance of an activity or function of a Federal agency, then an 
official or person described in section 3551(2)(B) of title 31 shall be 
entitled to intervene in that action.''.
    (c) Applicability.--Subparagraph (B) of section 3551(2) of title 
31, United States Code (as added by subsection (a)), and paragraph (5) 
of section 1491(b) of title 28, United States Code (as added by 
subsection (b)), shall apply to--
            (1) protests and civil actions that challenge final 
        selections of sources of performance of an activity or function 
        of a Federal agency that are made pursuant to studies initiated 
        under Office of Management and Budget Circular A-76 on or after 
        January 1, 2004; and
            (2) any other protests and civil actions that relate to 
        public-private competitions initiated under Office of 
        Management and Budget Circular A-76 on or after the date of the 
        enactment of this Act.

SEC. 1108. REPORT ON HOW TO RECRUIT AND RETAIN INDIVIDUALS WITH FOREIGN 
              LANGUAGE SKILLS.

    (a) Findings.--Congress makes the following findings:
            (1) The Federal Government has a requirement to ensure that 
        the employees of its departments and agencies with national 
        security responsibilities are prepared to meet the challenges 
        of this evolving international environment.
            (2) According to a 2002 General Accounting Office report, 
        Federal agencies have shortages in translators and interpreters 
        and an overall shortfall in the language proficiency levels 
        needed to carry out their missions which has adversely affected 
        agency operations and hindered United States military, law 
        enforcement, intelligence, counterterrorism, and diplomatic 
        efforts.
            (3) Foreign language skills and area expertise are integral 
        to, or directly support, every foreign intelligence discipline 
        and are essential factors in national security readiness, 
        information superiority, and coalition peacekeeping or 
        warfighting missions.
            (4) Communicating in languages other than English and 
        understanding and accepting cultural and societal differences 
        are vital to the success of peacetime and wartime military and 
        intelligence activities.
            (5) Proficiency levels required for foreign language 
        support to national security functions have been raised, and 
        what was once considered proficiency is no longer the case. The 
        ability to comprehend and articulate technical and complex 
        information in foreign languages has become critical.
            (6) According to the Joint Intelligence Committee Inquiry 
        into the 9/11 Terrorist Attacks, the Intelligence Community had 
        insufficient linguists prior to September 11, 2001, to handle 
        the challenge it faced in translating the volumes of foreign 
        language counterterrorism intelligence it collected. Agencies 
        within the Intelligence Community experienced backlogs in 
        material awaiting translation, a shortage of language 
        specialists and language-qualified field officers, and a 
        readiness level of only 30 percent in the most critical 
        terrorism-related languages that are used by terrorists.
            (7) Because of this shortage, the Federal Government has 
        had to enter into private contracts to procure linguist and 
        translator services, including in some positions that would be 
        more appropriately filled by permanent Federal employees or 
        members of the United States Armed Forces.
    (b) Report.--In its fiscal year 2006 budget request, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives and the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives, a plan for expanding and 
improving the national security foreign language workforce of the 
Department of Defense as appropriate to improve recruitment and 
retention to meet the requirements of the Department for its foreign 
language workforce on a short-term basis and on a long-term basis.

SEC. 1109. PLAN ON IMPLEMENTATION AND UTILIZATION OF FLEXIBLE PERSONNEL 
              MANAGEMENT AUTHORITIES IN DEPARTMENT OF DEFENSE 
              LABORATORIES.

    (a) Plan Required.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics and the Under Secretary of Defense for 
Personnel and Readiness shall jointly develop a plan for the effective 
utilization of the personnel management authorities referred to in 
subsection (b) in order to increase the mission responsiveness, 
efficiency, and effectiveness of Department of Defense laboratories.
    (b) Covered Authorities.--The personnel management authorities 
referred to in this subsection are the personnel management authorities 
granted to the Secretary of Defense by the provisions of law as 
follows:
            (1) Section 342(b) of the National Defense Authorization 
        Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), 
        as amended by section 1114 of the Floyd D. Spence National 
        Defense Authorization Act for Fiscal Year 2001 (as enacted into 
        law by Public Law 106-398 (114 Stat. 1654A-315)).
            (2) Section 1101 of the Strom Thurmond National Defense 
        Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5 
        U.S.C. 3104 note).
            (3) Such other provisions of law as the Under Secretaries 
        jointly consider appropriate for purposes of this section.
    (c) Plan Elements.--The plan under subsection (a) shall--
            (1) include such elements as the Under Secretaries jointly 
        consider appropriate to provide for the effective utilization 
        of the personnel management authorities referred to in 
        subsection (b) as described in subsection (a), including the 
        recommendations of the Under Secretaries for such additional 
        authorities, including authorities for demonstration programs 
        or projects, as are necessary to achieve the effective 
        utilization of such personnel management authorities; and
            (2) include procedures, including a schedule for review and 
        decisions, on proposals to modify current demonstration 
        programs or projects, or to initiate new demonstration programs 
        or projects, on flexible personnel management at Department 
        laboratories
    (d) Submittal to Congress.--The Under Secretaries shall jointly 
submit to Congress the plan under subsection (a) not later than 
February 1, 2006.

SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING 
              ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL 
              GUARD.

    (a) Short Title.--This section may be cited as the ``Reservists Pay 
Security Act of 2004''.
    (b) In General.--Subchapter IV of chapter 55 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed 
              services or National Guard
    ``(a) An employee who is absent from a position of employment with 
the Federal Government in order to perform active duty in the uniformed 
services pursuant to a call or order to active duty under a provision 
of law referred to in section 101(a)(13)(B) of title 10 shall be 
entitled, while serving on active duty, to receive, for each pay period 
described in subsection (b), an amount equal to the amount by which--
            ``(1) the amount of basic pay which would otherwise have 
        been payable to such employee for such pay period if such 
        employee's civilian employment with the Government had not been 
        interrupted by that service, exceeds (if at all)
            ``(2) the amount of pay and allowances which (as determined 
        under subsection (d))--
                    ``(A) is payable to such employee for that service; 
                and
                    ``(B) is allocable to such pay period.
    ``(b)(1) Amounts under this section shall be payable with respect 
to each pay period (which would otherwise apply if the employee's 
civilian employment had not been interrupted)--
            ``(A) during which such employee is entitled to 
        reemployment rights under chapter 43 of title 38 with respect 
        to the position from which such employee is absent (as referred 
        to in subsection (a)); and
            ``(B) for which such employee does not otherwise receive 
        basic pay (including by taking any annual, military, or other 
        paid leave) to which such employee is entitled by virtue of 
        such employee's civilian employment with the Government.
    ``(2) For purposes of this section, the period during which an 
employee is entitled to reemployment rights under chapter 43 of title 
38--
            ``(A) shall be determined disregarding the provisions of 
        section 4312(d) of title 38; and
            ``(B) shall include any period of time specified in section 
        4312(e) of title 38 within which an employee may report or 
        apply for employment or reemployment following completion of 
        service on active duty to which called or ordered as described 
        in subsection (a).
    ``(c) Any amount payable under this section to an employee shall be 
paid--
            ``(1) by such employee's employing agency;
            ``(2) from the appropriation or fund which would be used to 
        pay the employee if such employee were in a pay status; and
            ``(3) to the extent practicable, at the same time and in 
        the same manner as would basic pay if such employee's civilian 
        employment had not been interrupted.
    ``(d) The Office of Personnel Management shall, in consultation 
with Secretary of Defense, prescribe any regulations necessary to carry 
out the preceding provisions of this section.
    ``(e)(1) The head of each agency referred to in section 
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe 
procedures to ensure that the rights under this section apply to the 
employees of such agency.
    ``(2) The Administrator of the Federal Aviation Administration 
shall, in consultation with the Office, prescribe procedures to ensure 
that the rights under this section apply to the employees of that 
agency.
    ``(f) For purposes of this section--
            ``(1) the terms `employee', `Federal Government', and 
        `uniformed services' have the same respective meanings as given 
        them in section 4303 of title 38;
            ``(2) the term `employing agency', as used with respect to 
        an employee entitled to any payments under this section, means 
        the agency or other entity of the Government (including an 
        agency referred to in section 2302(a)(2)(C)(ii)) with respect 
        to which such employee has reemployment rights under chapter 43 
        of title 38; and
            ``(3) the term `basic pay' includes any amount payable 
        under section 5304.''.
    (c) Clerical Amendment.--The table of sections for chapter 55 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
                            National Guard.''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply with respect to pay periods (as described in section 
        5538(b) of title 5, United States Code, as amended by this 
        section) beginning on or after the date of enactment of this 
        Act.
            (2) Conditional retroactive application.--
                    (A) In general.--The amendments made by this 
                section shall apply with respect to pay periods (as 
                described in section 5538(b) of title 5, United States 
                Code, as amended by this section) beginning on or after 
                October 11, 2002 through the date of enactment of this 
                Act, subject to the availability of appropriations.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated $100,000,000 for purposes 
                of subparagraph (A).

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

SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
              FUNDS.

    (a) Specification of CTR Programs.--For purposes of section 301 and 
other provisions of this Act, Cooperative Threat Reduction programs are 
the programs specified in section 1501(b) of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
2731; 50 U.S.C. 2362 note).
    (b) Fiscal Year 2005 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2005 Cooperative Threat 
Reduction funds'' means the funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs shall be available for obligation for three fiscal 
years.

SEC. 1202. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $409,200,000 authorized 
to be appropriated to the Department of Defense for fiscal year 2005 in 
section 301(19) for Cooperative Threat Reduction programs, the 
following amounts may be obligated for the purposes specified:
            (1) For strategic offensive arms elimination in Russia, 
        $58,522,000.
            (2) For nuclear weapons storage security in Russia, 
        $48,672,000.
            (3) For nuclear weapons transportation security in Russia, 
        $26,300,000.
            (4) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $40,030,000.
            (5) For chemical weapons destruction in Russia, 
        $158,400,000.
            (6) For biological weapons proliferation prevention in the 
        former Soviet Union, $54,959,000.
            (7) For defense and military contacts, $8,000,000.
            (8) For activities designated as Other Assessments/
        Administrative Support, $14,317,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2005 Cooperative Threat Reduction funds may 
be obligated or expended for a purpose other than a purpose listed in 
paragraphs (1) through (8) of subsection (a) until 30 days after the 
date that the Secretary of Defense submits to Congress a report on the 
purpose for which the funds will be obligated or expended and the 
amount of funds to be obligated or expended. Nothing in the preceding 
sentence shall be construed as authorizing the obligation or 
expenditure of fiscal year 2005 Cooperative Threat Reduction funds for 
a purpose for which the obligation or expenditure of such funds is 
specifically prohibited under this title or any other provision of law.
    (c) Limited Authority To Vary Individual Amounts.--(1) Subject to 
paragraphs (2) and (3), in any case in which the Secretary of Defense 
determines that it is necessary to do so in the national interest, the 
Secretary may obligate amounts appropriated for fiscal year 2005 for a 
purpose listed in any of the paragraphs in subsection (a) in excess of 
the specific amount authorized for that purpose.
    (2) An obligation of funds for a purpose stated in any of the 
paragraphs in subsection (a) in excess of the specific amount 
authorized for such purpose may be made using the authority provided in 
paragraph (1) only after--
            (A) the Secretary submits to Congress notification of the 
        intent to do so together with a complete discussion of the 
        justification for doing so; and
            (B) 15 days have elapsed following the date of the 
        notification.
    (3) The Secretary may not, under the authority provided in 
paragraph (1), obligate amounts for a purpose stated in any of 
paragraphs (5) through (8) of subsection (a) in excess of 125 percent 
of the specific amount authorized for such purpose.

SEC. 1203. MODIFICATION AND WAIVER OF LIMITATION ON USE OF FUNDS FOR 
              CHEMICAL WEAPONS DESTRUCTION FACILITIES IN RUSSIA.

    (a) Modification of Limitation.--Section 1305 of the National 
Defense Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note) is 
amended by striking ``or expended''.
    (b) Waiver Authority.--The conditions described in section 1305 of 
the National Defense Authorization Act for Fiscal Year 2000, as amended 
by subsection (a), shall not apply to the obligation of funds during a 
fiscal year for the planning, design, or construction of a chemical 
weapons destruction facility in Russia if the President submits to 
Congress a written certification with respect to such fiscal year that 
includes--
            (1) a statement as to why the waiver of the conditions 
        during the fiscal year covered by such certification is 
        consistent with the national security interests of the United 
        States; and
            (2) a plan to promote a full and accurate disclosure by 
        Russia regarding the size, content, status, and location of its 
        chemical weapons stockpile.

SEC. 1204. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL COOPERATIVE 
              THREAT REDUCTION REPORTS AND BUDGET JUSTIFICATION 
              MATERIALS.

    Section 1307 of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2165; 22 U.S.C. 
5952 note) is amended--
            (1) in subsection (a), by striking ``as part of the 
        Secretary's annual budget request to Congress'' in the matter 
        preceding paragraph (1) and inserting ``in the materials and 
        manner specified in subsection (c)''; and
            (2) by adding at the end the following new subsection:
    ``(c) Inclusion in Certain Materials Submitted to Congress.--The 
summary required to be submitted to Congress in a fiscal year under 
subsection (a) shall be set forth by project category, and by amounts 
specified in paragraphs (1) and (2) of that subsection in connection 
with such project category, in each of the following:
            ``(1) The annual report on activities and assistance under 
        Cooperative Threat Reduction programs required in such fiscal 
        year under section 1308 of the Floyd D. Spence National Defense 
        Authorization Act for Fiscal Year 2001 (as enacted into law by 
        Public Law 106-398).
            ``(2) The budget justification materials submitted to 
        Congress in support of the Department of Defense budget for the 
        fiscal year succeeding such fiscal year (as submitted with the 
        budget of the President under section 1105(a) of title 31, 
        United States Code).''.

     TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE

SEC. 1301. ANNUAL MEDICAL READINESS PLAN AND JOINT MEDICAL READINESS 
              OVERSIGHT COMMITTEE.

    (a) Requirement for Plan.--The Secretary of Defense shall develop a 
comprehensive plan to improve medical readiness, and Department of 
Defense tracking of the health status, of members of the Armed Forces 
throughout their service in the Armed Forces, and to strengthen medical 
readiness and tracking before, during, and after deployment of the 
personnel overseas. The matters covered by the comprehensive plan shall 
include all elements that are described in this title and the 
amendments made by this title and shall comply with requirements in 
law.
    (b) Joint Medical Readiness Oversight Committee.--
            (1) Establishment.--The Secretary of Defense shall 
        establish a Joint Medical Readiness Oversight Committee.
            (2) Composition.--The members of the Committee are as 
        follows:
                    (A) The Under Secretary of Defense for Personnel 
                and Readiness, who shall chair the Committee.
                    (B) The Assistant Secretary of Defense for Health 
                Affairs.
                    (C) The Assistant Secretary of Defense for Reserve 
                Affairs.
                    (D) The Surgeons General of the Armed Forces.
                    (E) The Assistant Secretary of the Army for 
                Manpower and Reserve Affairs.
                    (F) The Assistant Secretary of the Navy for 
                Manpower and Reserve Affairs.
                    (G) The Assistant Secretary of the Air Force for 
                Manpower, Reserve Affairs, Installations, and 
                Environment.
                    (H) The Chief of the National Guard Bureau.
                    (I) The Chief of Army Reserve.
                    (J) The Chief of Naval Reserve.
                    (K) The Chief of Air Force Reserve.
                    (L) The Commander, Marine Corps Reserve.
                    (M) The Director of the Defense Manpower Data 
                Center.
                    (N) A representative of the Department of Veterans 
                Affairs designated by the Secretary of Veterans 
                Affairs.
                    (O) Representatives of veterans and military health 
                advocacy organizations appointed to the Committee by 
                the Secretary of Defense.
                    (P) An individual from civilian life who is 
                recognized as an expert on military health care 
                treatment, including research relating to such 
                treatment.
            (3) Duties.--The duties of the Committee are as follows:
                    (A) To advise the Secretary of Defense on the 
                medical readiness and health status of the members of 
                the active and reserve components of the Armed Forces.
                    (B) To advise the Secretary of Defense on the 
                compliance of the Armed Forces with the medical 
                readiness tracking and health surveillance policies of 
                the Department of Defense.
                    (C) To oversee the development and implementation 
                of the comprehensive plan required by subsection (a) 
                and the actions required by this title and the 
                amendments made by this title, including with respect 
                to matters relating to--
                            (i) the health status of the members of the 
                        reserve components of the Armed Forces;
                            (ii) accountability for medical readiness;
                            (iii) medical tracking and health 
                        surveillance;
                            (iv) declassification of information on 
                        environmental hazards;
                            (v) postdeployment health care for members 
                        of the Armed Forces; and
                            (vi) compliance with Department of Defense 
                        and other applicable policies on blood serum 
                        repositories.
                    (D) To ensure unity and integration of efforts 
                across functional and organizational lines within the 
                Department of Defense with regard to medical readiness 
                tracking and health status surveillance of members of 
                the Armed Forces.
                    (E) To establish and monitor compliance with the 
                medical readiness standards that are applicable to 
                members and those that are applicable to units.
                    (F) To improve continuity of care in coordination 
                with the Secretary of Veterans Affairs, for members of 
                the Armed Forces separating from active service with 
                service-connected medical conditions.
                    (G) To prepare and submit to the Secretary of 
                Defense and to the Committees on Armed Services of the 
                Senate and the House of Representatives, not later than 
                February 1 of each year, a report on--
                            (i) the health status and medical readiness 
                        of the members of the Armed Forces, including 
                        the members of reserve components, based on the 
                        comprehensive plan required under subsection 
                        (a) and the actions required by this title and 
                        the amendments made by this title; and
                            (ii) compliance with Department of Defense 
                        policies on medical readiness tracking and 
                        health surveillance.
            (4) First meeting.--The first meeting of the Committee 
        shall be held not later than 90 days after the date of the 
        enactment of this Act.

SEC. 1302. MEDICAL READINESS OF RESERVES.

    (a) Comptroller General Study of Health of Reserves Ordered to 
Active Duty for Operations Enduring Freedom and Iraqi Freedom.--
            (1) Requirement for study.--The Comptroller General of the 
        United States shall carry out a study of the health of the 
        members of the reserve components of the Armed Forces who have 
        been called or ordered to active duty for a period of more than 
        30 days in support of Operation Enduring Freedom and Operation 
        Iraqi Freedom. The Comptroller General shall commence the study 
        not later than 180 days after the date of the enactment of this 
        Act.
            (2) Purposes.--The purposes of the study under this 
        subsection are as follows:
                    (A) To review the health status and medical fitness 
                of the activated Reserves when they were called or 
                ordered to active duty.
                    (B) To review the effects, if any, on logistics 
                planning and the deployment schedules for the 
                operations referred to in paragraph (1) that resulted 
                from deficiencies in the health or medical fitness of 
                activated Reserves.
                    (C) To review compliance of military personnel with 
                Department of Defense policies on medical and physical 
                fitness examinations and assessments that are 
                applicable to the reserve components of the Armed 
                Forces.
            (3) Report.--The Comptroller General shall, not later than 
        one year after the date of the enactment of this Act, submit a 
        report on the results of the study under this subsection to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives. The report shall include the following 
        matters:
                    (A) With respect to the matters reviewed under 
                subparagraph (A) of paragraph (2)--
                            (i) the percentage of activated Reserves 
                        who were determined to be medically unfit for 
                        deployment, together with an analysis of the 
                        reasons why the member was unfit, including 
                        medical illnesses or conditions most commonly 
                        found among the activated Reserves that were 
                        grounds for determinations of medical unfitness 
                        for deployment; and
                            (ii) the percentage of the activated 
                        Reserves who, before being deployed, needed 
                        medical care for health conditions identified 
                        when called or ordered to active duty, together 
                        with an analysis of the types of care that were 
                        provided for such conditions and the reasons 
                        why such care was necessary.
                    (B) With respect to the matters reviewed under 
                subparagraph (B) of paragraph (2)--
                            (i) the delays and other disruptions in 
                        deployment schedules that resulted from 
                        deficiencies in the health status or medical 
                        fitness of activated Reserves; and
                            (ii) an analysis of the extent to which it 
                        was necessary to merge units or otherwise alter 
                        the composition of units, and the extent to 
                        which it was necessary to merge or otherwise 
                        alter objectives, in order to compensate for 
                        limitations on the deployability of activated 
                        Reserves resulting from deficiencies in the 
                        health status or medical fitness of activated 
                        Reserves.
                    (C) With respect to the matters reviewed under 
                subparagraph (C) of paragraph (2), an assessment of the 
                extent of the compliance of reserve component personnel 
                with Department of Defense policies on routine medical 
                and physical fitness examinations that are applicable 
                to the reserve components of the Armed Forces.
                    (D) An analysis of the extent to which the medical 
                care, if any, provided to activated Reserves in each 
                theater of operations referred to in paragraph (1) 
                related to preexisting conditions that were not 
                adequately addressed before the deployment of such 
                personnel to the theater.
            (4) Definitions.--In this subsection:
                    (A) The term ``activated Reserves'' means the 
                members of the Armed Forces referred to in paragraph 
                (1).
                    (B) The term ``active duty for a period of more 
                than 30 days'' has the meaning given such term in 
                section 101(d) of title 10, United States Code.
                    (C) The term ``health condition'' includes a mental 
                health condition and a dental condition.
                    (D) The term ``reserve components of the Armed 
                Forces'' means the reserve components listed in section 
                10101 of title 10, United States Code.
    (b) Accountability for Individual and Unit Medical Readiness.--
            (1) Policy.--The Secretary of Defense shall issue a policy 
        to ensure that individual members and commanders of reserve 
        component units fulfill their responsibilities for medical and 
        dental readiness of members of the units on the basis of--
                    (A) frequent periodic health assessment of members 
                (not less frequently than once every two years) using 
                the predeployment assessment procedure required under 
                section 1074f of title 10, United States Code, as the 
                minimum standard of medical readiness; and
                    (B) any other information on the health status of 
                the members that is available to the commanders.
            (2) Review and followup care.--The regulations under this 
        subsection shall provide for review of the health assessments 
        under paragraph (1) by a medical professional and for any 
        followup care and treatment that is needed for medical or 
        dental readiness.
            (3) Modification of predeployment health assessment 
        survey.--In meeting the policy under paragraph (1), the 
        Secretary shall--
                    (A) to the extent practicable, modify the 
                predeployment health assessment survey to bring such 
                survey into conformity with the detailed postdeployment 
                health assessment survey in use as of October 1, 2004; 
                and
                    (B) ensure the use of the predeployment health 
                assessment survey, as so modified, for predeployment 
                health assessments after that date.
    (c) Uniform Policy on Deferral of Medical Treatment Pending 
Deployment to Theaters of Operations.--
            (1) Requirement for policy.--The Secretary of Defense shall 
        prescribe, for uniform applicability throughout the Armed 
        Forces, a policy on deferral of medical treatment of members 
        pending deployment.
            (2) Content.--The policy prescribed under paragraph (1) 
        shall specify the following matters:
                    (A) The circumstances under which treatment for 
                medical conditions may be deferred to be provided 
                within a theater of operations in order to prevent 
                delay or other disruption of a deployment to that 
                theater.
                    (B) The circumstances under which medical 
                conditions are to be treated before deployment to that 
                theater.

SEC. 1303. BASELINE HEALTH DATA COLLECTION PROGRAM.

    (a) Requirement for Program.--
            (1) In general.--Chapter 55 of title 10, United States 
        Code, is amended by inserting after section 1092 the following 
        new section:
``Sec. 1092a. Persons entering the armed forces: baseline health data
    ``(a) Program Required.--The Secretary of Defense shall carry out a 
program--
            ``(1) to collect baseline health data from all persons 
        entering the armed forces;
            ``(2) to provide for computerized compilation and 
        maintenance of the baseline health data; and
            ``(3) to analyze the data.
    ``(b) Purposes.--The program under this section shall be designed 
to achieve the following purposes:
            ``(1) To facilitate understanding of how exposures related 
        to service in the armed forces affect health.
            ``(2) To facilitate development of early intervention and 
        prevention programs to protect health and readiness.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 1092 the following new item:

``1092a. Persons entering the armed forces: baseline health data.''.
            (3) Time for implementation.--The Secretary of Defense 
        shall implement the program required under section 1092a of 
        title 10, United States Code (as added by paragraph (1)), not 
        later than two years after the date of the enactment of this 
        Act.
    (b) Interim Standards for Blood Sampling.--The Secretary of Defense 
shall require under the medical tracking system administered under 
section 1074f of title 10, United States Code, that--
            (1) the blood samples necessary for the predeployment 
        medical examination of a member of the Armed Forces required 
        under subsection (b) of such section be drawn not earlier than 
        60 days before the date of the deployment; and
            (2) the blood samples necessary for the postdeployment 
        medical examination of a member of the Armed Forces required 
        under such subsection be drawn not later than 30 days after the 
        date on which the deployment ends.

SEC. 1304. MEDICAL CARE AND TRACKING AND HEALTH SURVEILLANCE IN THE 
              THEATER OF OPERATIONS.

    (a) Recordkeeping Policy.--The Secretary of Defense shall prescribe 
a policy that requires the records of all medical care provided to a 
member of the Armed Forces in a theater of operations to be maintained 
as part of a complete health record for the member.
    (b) In-Theater Medical Tracking and Health Surveillance.--
            (1) Requirement for evaluation.--The Secretary of Defense 
        shall evaluate the system for the medical tracking and health 
        surveillance of members of the Armed Forces in theaters of 
        operations and take such actions as may be necessary to improve 
        the medical tracking and health surveillance.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary of Defense shall submit a 
        report on the actions taken under paragraph (1) to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives. The report shall include the following 
        matters:
                    (A) An analysis of the strengths and weaknesses of 
                the medical tracking system administered under section 
                1074f of title 10, United States Code.
                    (B) An analysis of the efficacy of health 
                surveillance systems as a means of detecting--
                            (i) any health problems (including mental 
                        health conditions) of members of the Armed 
                        Forces contemporaneous with the performance of 
                        the assessment under the system; and
                            (ii) exposures of the assessed members to 
                        environmental hazards that potentially lead to 
                        future health problems.
                    (C) An analysis of the strengths and weaknesses of 
                such medical tracking and surveillance systems as a 
                means for supporting future research on health issues.
                    (D) Recommended changes to such medical tracking 
                and health surveillance systems.
                    (E) A summary of scientific literature on blood 
                sampling procedures used for detecting and identifying 
                exposures to environmental hazards.
                    (F) An assessment of whether there is a need for 
                changes to regulations and standards for drawing blood 
                samples for effective tracking and health surveillance 
                of the medical conditions of personnel before 
                deployment, upon the end of a deployment, and for a 
                followup period of appropriate length.
    (c) Plan To Obtain Health Care Records From Allies.--The Secretary 
of Defense shall develop a plan for obtaining all records of medical 
treatment provided to members of the Armed Forces by allies of the 
United States in Operation Enduring Freedom and Operation Iraqi 
Freedom. The plan shall specify the actions that are to be taken to 
obtain all such records.
    (d) Policy on In-Theater Personnel Locator Data.--Not later than 
one year after the date of the enactment of this Act, the Secretary of 
Defense shall prescribe a Department of Defense policy on the 
collection and dissemination of in-theater individual personnel 
location data.

SEC. 1305. DECLASSIFICATION OF INFORMATION ON EXPOSURES TO 
              ENVIRONMENTAL HAZARDS.

    (a) Requirement for Review.--The Secretary of Defense shall review 
and, as determined appropriate, revise the classification policies of 
the Department of Defense with a view to facilitating the 
declassification of data that is potentially useful for the monitoring 
and assessment of the health of members of the Armed Forces who have 
been exposed to environmental hazards during deployments overseas, 
including the following data:
            (1) In-theater injury rates.
            (2) Data derived from environmental surveillance.
            (3) Health tracking and surveillance data.
    (b) Consultation With Commanders of Theater Combatant Commands.--
The Secretary shall, to the extent that the Secretary considers 
appropriate, consult with the senior commanders of the in-theater 
forces of the combatant commands in carrying out the review and 
revising policies under subsection (a).

SEC. 1306. ENVIRONMENTAL HAZARDS.

    (a) Report on Training of Field Medical Personnel.--
            (1) Requirement for report.--Not later than one year after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall submit to the Committees on Armed Services of the Senate 
        and the House of Representatives a report on the training on 
        environmental hazards that is provided by the Armed Forces to 
        medical personnel of the Armed Forces who are deployable to the 
        field in direct support of combat personnel.
            (2) Content.--The report under paragraph (1) shall include 
        the following:
                    (A) An assessment of the adequacy of the training 
                regarding--
                            (i) the identification of common 
                        environmental hazards and exposures to such 
                        hazards; and
                            (ii) the prevention and treatment of 
                        adverse health effects of such exposures.
                    (B) A discussion of the actions taken and to be 
                taken to improve such training.
    (c) Report on Responses to Health Concerns of Members.--
            (1) Requirement for report.--Not later than 180 days after 
        the date of the enactment of this Act, the Assistant Secretary 
        of Defense for Health Affairs shall submit to the Secretary of 
        Defense and the Committees on Armed Services of the Senate and 
        the House of Representatives a report on Department of Defense 
        responses to concerns expressed by members of the Armed Forces 
        during post-deployment health assessments about possibilities 
        that the members were exposed to environmental hazards 
        deleterious to the members' health during a deployment 
        overseas.
            (2) Content.--The report regarding health concerns 
        submitted under paragraph (1) shall include the following:
                    (A) A discussion of the actions taken by Department 
                of Defense officials to investigate the circumstances 
                underlying such concerns in order to determine the 
                validity of the concerns.
                    (B) A discussion of the actions taken by Department 
                of Defense officials to evaluate or treat members and 
                former members of the Armed Forces who are confirmed to 
                have been exposed to environmental hazards deleterious 
                to their health during deployments of the Armed Forces.

SEC. 1307. POST-DEPLOYMENT MEDICAL CARE RESPONSIBILITIES OF 
              INSTALLATION COMMANDERS.

    (a) Requirement for Regulations.--The Secretary of Defense shall 
prescribe a policy that requires the commander of each military 
installation at which members of the Armed Forces are to be processed 
upon redeployment from an overseas deployment--
            (1) to identify and analyze the anticipated health care 
        needs of such members before the arrival of such members at 
        that installation; and
            (2) to report such needs to the Secretary.
    (b) Health Care To Meet Needs.--The policy under this section shall 
include procedures for the commander of each military installation 
described in subsection (a) to meet the anticipated health care needs 
that are identified by the commander in the performance of duties under 
the regulations, including the following:
            (1) Arrangements for health care provided by the Secretary 
        of Veterans Affairs.
            (2) Procurement of services from local health care 
        providers.
            (3) Temporary employment of health care personnel to 
        provide services at such installation.

SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READINESS TRACKING AND HEALTH 
              SURVEILLANCE PROGRAM AND FORCE HEALTH PROTECTION AND 
              READINESS PROGRAM.

    (a) Implementation at All Levels.--The Secretary of Defense, in 
conjunction with the Secretaries of the military departments, shall 
take such actions as are necessary to ensure that the Army, Navy, Air 
Force, and Marine Corps fully implement at all levels--
            (1) the Medical Readiness Tracking and Health Surveillance 
        Program under this title and the amendments made by this title; 
        and
            (2) the Force Health Protection and Readiness Program of 
        the Department of Defense (relating to the prevention of injury 
        and illness and the reduction of disease and noncombat injury 
        threats).
    (b) Action Official.--The Secretary of Defense may act through the 
Under Secretary of Defense for Personnel and Readiness in carrying out 
subsection (a).

SEC. 1309. OTHER MATTERS.

    (a) Annual Reports.--
            (1) Requirement for reports.--
                    (A) Chapter 55 of title 10, United States Code, is 
                amended by inserting after section 1073a the following 
                new section:
``Sec. 1073b. Recurring reports
    ``(a) Annual Report on Health Protection Quality.--(1) The 
Secretary of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives each year a report on 
the Force Health Protection Quality Assurance Program of the Department 
of Defense. The report shall include the following matters:
            ``(A) The results of an audit of the extent to which the 
        serum samples required to be obtained from members of the armed 
        forces before and after a deployment are stored in the serum 
        repository of the Department of Defense.
            ``(B) The results of an audit of the extent to which the 
        health assessments required for members of the armed forces 
        before and after a deployment are being maintained in the 
        electronic database of the Defense Medical Surveillance System.
            ``(C) An analysis of the actions taken by the Department of 
        Defense personnel to respond to health concerns expressed by 
        members of the armed forces upon return from a deployment.
            ``(D) An analysis of the actions taken by the Secretary to 
        evaluate or treat members and former members of the armed 
        forces who are confirmed to have been exposed to occupational 
        or environmental hazards deleterious to their health during a 
        deployment.
    ``(2) The Secretary of Defense shall act through the Assistant 
Secretary of Defense for Health Affairs in carrying out this 
subsection.
    ``(b) Annual Report on Recording of Health Assessment Data in 
Military Personnel Records.--The Secretary of Defense shall issue each 
year a report on the compliance by the military departments with 
applicable policies on the recording of health assessment data in 
military personnel records. The report shall include a discussion of 
the extent to which immunization status and predeployment and 
postdeployment health care data is being recorded in such records.''.
                    (B) The table of sections at the beginning of such 
                chapter is amended by inserting after the item relating 
                to section 1073a the following new item:

``1073b. Recurring reports.''.
            (2) Initial report.--The first report under section 
        1073b(a) of title 10, United States Code (as added by paragraph 
        (1)), shall be completed not later than 180 days after the date 
        of the enactment of this Act.
    (b) Internet Accessibility of Health Assessment Information for 
Members of the Armed Forces.--Not later than one year after the date of 
the enactment of this Act, the Chief Information Officer of each 
military department shall ensure that the online portal website of that 
military department includes the following information relating to 
health assessments:
            (1) Information on the Department of Defense policies 
        regarding predeployment and postdeployment health assessments, 
        including policies on the following matters:
                    (A) Health surveys.
                    (B) Physical examinations.
                    (C) Collection of blood samples and other tissue 
                samples.
            (2) Procedural information on compliance with such 
        policies, including the following information:
                    (A) Information for determining whether a member is 
                in compliance.
                    (B) Information on how to comply.
            (3) Health assessment surveys that are either--
                    (A) web-based; or
                    (B) accessible (with instructions) in       
                printer-ready form by download.

SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS.

    Nothing in this title or an amendment made by this title shall be 
construed to limit the authority of the Secretary of Defense to procure 
the services of experts outside the Federal Government for performing 
any function to comply with requirements for readiness tracking and 
health surveillance of members of the Armed Forces that are applicable 
to the Department of Defense.

            Passed the Senate June 23 (legislative day, June 22), 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 2401

_______________________________________________________________________

                                 AN ACT

     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.
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