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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4200 Enrolled Bill (ENR)]

        H.R.4200

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
To authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel strengths 
   for such fiscal year for the Armed Forces, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

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

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

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

                        Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for the light weight 155-
          millimeter howitzer program.
Sec. 112. Light utility helicopter program.

                        Subtitle C--Navy Programs

Sec. 121. DDG-51 modernization program.
Sec. 122. Repeal of authority for pilot program for flexible funding of 
          cruiser conversions and overhauls.
Sec. 123. LHA(R) amphibious assault ship program.

                     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. Aerial refueling aircraft acquisition program.

                        Subtitle E--Other Matters

Sec. 141. Development of deployable systems to include consideration of 
          force protection in asymmetric threat environments.
Sec. 142. Allocation of equipment authorized by this title to units 
          deployed, or to be deployed, to Operation Iraqi Freedom or 
          Operation Enduring Freedom.
Sec. 143. Report on options for acquisition of precision-guided 
          munitions.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Future Combat Systems program strategy.
Sec. 212. Collaborative program for research and development of vacuum 
          electronics technologies.
Sec. 213. Annual Comptroller General report on Joint Strike Fighter 
          program.
Sec. 214. Amounts for United States Joint Forces Command to be derived 
          only from Defense-wide amounts.
Sec. 215. Global Positioning System III satellite.
Sec. 216. Initiation of concept demonstration of Global Hawk high 
          altitude endurance unmanned aerial vehicle.
Sec. 217. Joint Unmanned Combat Air Systems program.

                  Subtitle C--Missile Defense Programs

Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Integration of Patriot Advanced Capability-3 and Medium 
          Extended Air Defense System into ballistic missile 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 Congress 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.

                  Subtitle B--Environmental Provisions

Sec. 311. Satisfaction of Superfund audit requirements by Inspector 
          General of the Department of Defense.
Sec. 312. Reimbursement of Environmental Protection Agency for certain 
          costs in connection with Moses Lake Wellfield Superfund Site, 
          Moses Lake, Washington.
Sec. 313. Increase in authorized amount of environmental remediation, 
          Front Royal, Virginia.
Sec. 314. Small boat harbor, Unalaska, Alaska.
Sec. 315. Report regarding encroachment issues affecting Utah Test and 
          Training Range, Utah.
Sec. 316. Comptroller General study and report on alternative 
          technologies to decontaminate groundwater at Department of 
          Defense installations.
Sec. 317. Comptroller General study and report on drinking water 
          contamination and related health effects at Camp Lejeune, 
          North Carolina.
Sec. 318. Sense of Congress regarding perchlorate contamination of 
          ground and surface water from Department of Defense 
          activities.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Simplification of annual reporting requirements concerning 
          funds expended for depot maintenance and repair workloads.
Sec. 322. Repeal of annual reporting requirement concerning management 
          of depot employees.
Sec. 323. Extension of special treatment for certain expenditures 
          incurred in operation of Centers of Industrial and Technical 
          Excellence.
Sec. 324. Temporary authority for contractor performance of security-
          guard functions.
Sec. 325. Pilot program for purchase of certain municipal services for 
          Army installations.
Sec. 326. Bid protests by Federal employees in actions under Office of 
          Management and Budget Circular A-76.
Sec. 327. Limitations on conversion of work performed by Department of 
          Defense civilian employees to contractor performance.
Sec. 328. Competitive sourcing reporting requirement.

                   Subtitle D--Information Technology

Sec. 331. Preparation of Department of Defense plan for transition to 
          Internet Protocol version 6.
Sec. 332. Defense business enterprise architecture, system 
          accountability, and conditions for obligation of funds for 
          defense business system modernization.
Sec. 333. Report on maturity and effectiveness of the Global Information 
          Grid Bandwidth Expansion (GIG-BE).

              Subtitle E--Extensions of Program Authorities

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

                        Subtitle F--Other Matters

Sec. 351. Reimbursement for certain protective, safety, or health 
          equipment purchased by or for members of the Armed Forces 
          deployed in contingency operations.
Sec. 352. Limitation on preparation or implementation of Mid-Range 
          Financial Improvement Plan pending report.
Sec. 353. Pilot program to authorize Army working-capital funded 
          facilities to engage in cooperative activities with non-Army 
          entities.
Sec. 354. Transfer of excess Department of Defense personal property to 
          assist firefighting agencies.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps 
          active duty personnel end strengths for fiscal years 2005 
          through 2009.
Sec. 404. 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 limitation on number of non-dual status 
          technicians.
Sec. 415. Maximum number of Reserve personnel authorized to be on active 
          duty for operational support.
Sec. 416. Accounting and management of reserve component personnel 
          performing active duty or full-time National Guard duty for 
          operational support.

              Subtitle C--Authorizations of Appropriations

Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Transition of active-duty list officer force to a force of all 
          regular officers.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs 
          of Naval Operations be selected from officers in the line of 
          the Navy.
Sec. 503. Limitation on number of officers frocked to major general and 
          rear admiral.
Sec. 504. Distribution in grade of Marine Corps reserve officers in an 
          active status in grades below brigadier general
Sec. 505. Authority for Federal recognition of National Guard 
          commissioned officers appointed from former Coast Guard 
          personnel.
Sec. 506. Study regarding promotion eligibility of retired officers 
          recalled to active duty.
Sec. 507. Succession for office of Chief, National Guard Bureau.
Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as 
          Director of the Joint Staff of the National Guard Bureau.

              Subtitle B--Reserve Component Policy Matters

Sec. 511. Modification of stated purpose of the reserve components.
Sec. 512. Homeland defense activities conducted by the National Guard 
          under authority of title 32.
Sec. 513. Commission on the National Guard and Reserves.
Sec. 514. Repeal of exclusion of active duty for training from authority 
          to order Reserves to active duty.
Sec. 515. Army program for assignment of active component advisers to 
          units of the Selected Reserve.
Sec. 516. Authority to accept certain voluntary services.
Sec. 517. Authority to redesignate the Naval Reserve as the Navy 
          Reserve.
Sec. 518. Comptroller General assessment of integration of active and 
          reserve components of the Navy.
Sec. 519. Limitation on number of Starbase academies in a State.
Sec. 520. Recognition items for certain reserve component personnel.

             Subtitle C--Reserve Component Personnel Matters

Sec. 521. Status under disability retirement system for reserve members 
          released from active duty due to inability to perform within 
          30 days of call to active duty.
Sec. 522. Requirement for retention of Reserves on active duty to 
          qualify for retired pay not applicable to nonregular service 
          retirement system.
Sec. 523. Federal civil service military leave for Reserve and National 
          Guard civilian technicians.
Sec. 524. Expanded educational assistance authority for officers 
          commissioned through ROTC program at military junior colleges.
Sec. 525. Repeal of sunset provision for financial assistance program 
          for students not eligible for advanced training.
Sec. 526. Effect of appointment or commission as officer on eligibility 
          for Selected Reserve education loan repayment program for 
          enlisted members.
Sec. 527. Educational assistance for certain reserve component members 
          who perform active service.
Sec. 528. Sense of Congress on guidance concerning treatment of 
          employer-provided compensation and other benefits voluntarily 
          provided to employees who are activated Reservists.

Subtitle D--Joint Officer Management and Professional Military Education

Sec. 531. Strategic plan to link joint officer development to overall 
          missions and goals of Department of Defense.
Sec. 532. Improvement to professional military education in the 
          Department of Defense.
Sec. 533. Joint requirements for promotion to flag or general officer 
          grade.
Sec. 534. Clarification of tours of duty qualifying as a joint duty 
          assignment.
Sec. 535. Two-year extension of temporary standard for promotion policy 
          objectives for joint officers.
Sec. 536. Two-year extension of authority to waive requirement that 
          Reserve Chiefs and National Guard Directors have significant 
          joint duty experience.

                 Subtitle E--Military Service Academies

Sec. 541. Revision to conditions on service of officers as service 
          academy superintendents.
Sec. 542. Academic qualifications of the dean of the faculty of United 
          States Air Force Academy.
Sec. 543. Board of Visitors of United States Air Force Academy.
Sec. 544. Appropriated funds for service academy athletic and 
          recreational extracurricular programs to be treated in same 
          manner as for military morale, welfare, and recreation 
          programs.
Sec. 545. Codification of prohibition on imposition of certain charges 
          and fees at the service academies.

            Subtitle F--Other Education and Training Matters

Sec. 551. College First delayed enlistment program.
Sec. 552. Senior Reserve Officers' Training Corps and recruiter access 
          at institutions of higher education.
Sec. 553. Tuition assistance for officers.
Sec. 554. Increased maximum period for leave of absence for pursuit of a 
          program of education in a health care profession.
Sec. 555. Eligibility of cadets and midshipmen for medical and dental 
          care and disability benefits.
Sec. 556. Transfer of authority to confer degrees upon graduates of the 
          Community College of the Air Force. 
Sec. 557. Change in titles of leadership positions at the Naval 
          Postgraduate School.

    Subtitle G--Assistance to Local Educational Agencies for Defense 
                          Dependents Education

Sec. 558. Continuation of impact aid assistance on behalf of dependents 
          of certain members despite change in status of member.
Sec. 559. Assistance to local educational agencies that benefit 
          dependents of members of the Armed Forces and Department of 
          Defense civilian employees.
Sec. 560. Impact aid for children with severe disabilities.

     Subtitle H--Medals and Decorations and Special Promotions and 
                              Appointments

Sec. 561. Award of medal of honor to individual interred in the Tomb of 
          the Unknowns as representative of casualties of a war.
Sec. 562. 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.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, 
          United States Air Force (retired), to the grade of major 
          general on the retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of 
          major general in the Army.

                       Subtitle I--Military Voting

Sec. 566. Federal write-in ballots for absentee military voters located 
          in the United States.
Sec. 567. Repeal of requirement to conduct electronic voting 
          demonstration project for the Federal election to be held in 
          November 2004.
Sec. 568. Reports on operation of Federal voting assistance program and 
          military postal system.

                  Subtitle J--Military Justice Matters

Sec. 571. Review on how sexual offenses are covered by Uniform Code of 
          Military Justice.
Sec. 572. Waiver of recoupment of time lost for confinement in 
          connection with a trial.
Sec. 573. Processing of forensic evidence collection kits and 
          acquisition of sufficient stocks of such kits.
Sec. 574. Authorities of the Judge Advocates General.

             Subtitle K--Sexual Assault in the Armed Forces

Sec. 576. Examination of sexual assault in the Armed Forces by the 
          Defense Task Force established to examine sexual harassment 
          and violence at the military service academies.
Sec. 577. Department of Defense policy and procedures on prevention and 
          response to sexual assaults involving members of the Armed 
          Forces.

            Subtitle L--Management and Administrative Matters

Sec. 581. Three-year extension of limitation on reductions of personnel 
          of agencies responsible for review and correction of military 
          records.
Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office 
          (DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 75 and older.
Sec. 584. Authority to provide civilian clothing to members traveling in 
          connection with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles, 
          credits, and tickets to facilitate rest and recuperation 
          travel of deployed members of the Armed Forces and their 
          families.
Sec. 586. Annual report identifying reasons for discharges from the 
          Armed Forces during preceding fiscal year.
Sec. 587. Study of blended wing concept for the Air Force.
Sec. 588. Sense of Congress regarding return of members to active duty 
          service upon rehabilitation from service-related injuries.

                        Subtitle M--Other Matters

Sec. 591. Protection of Armed Forces personnel from retaliatory actions 
          for communications made through the chain of command.
Sec. 592. Implementation plan for accession of persons with specialized 
          skills.
Sec. 593. Enhanced screening methods and process improvements for 
          recruitment of home schooled and National Guard Challenge 
          program GED recipients.
Sec. 594. Redesignation of National Guard Challenge Program as National 
          Guard Youth Challenge Program.
Sec. 595. Reports on certain milestones relating to Department of 
          Defense transformation.
Sec. 596. Report on issues relating to removal of remains of persons 
          interred in United States military cemeteries overseas.
Sec. 597. Comptroller General reports on closure of Department of 
          Defense dependent elementary and secondary schools and 
          commissary stores.
Sec. 598. Comptroller General report on transition assistance programs 
          for members separating from the Armed Forces.
Sec. 599. Study on coordination of job training standards with 
          certification standards for military occupational specialties.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Relationship between eligibility to receive supplemental 
          subsistence allowance and eligibility to receive imminent 
          danger pay, family separation allowance, and certain Federal 
          assistance.
Sec. 603. Authority to provide family separation basic allowance for 
          housing.
Sec. 604. Geographic basis for housing allowance during short-assignment 
          permanent changes of station for education or training.
Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring 
          expenses incurred for duty outside the continental United 
          States.
Sec. 606. Authority for certain members deployed in combat zones to 
          receive limited advances on future basic pay.
Sec. 607. Repeal of requirement that members entitled to basic allowance 
          for subsistence pay subsistence charges while hospitalized.

           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. Authority to provide hazardous duty incentive pay to military 
          firefighters.
Sec. 616. Reduced service obligation for nurses receiving nurse 
          accession bonus.
Sec. 617. Assignment incentive pay.
Sec. 618. Modification of active and reserve component reenlistment and 
          enlistment bonus authorities.
Sec. 619. Bonus for certain initial service of officers in the Selected 
          Reserve.
Sec. 620. Revision of authority to provide foreign language proficiency 
          pay.
Sec. 621. Eligibility of enlisted members to qualify for critical skills 
          retention bonus while serving on indefinite reenlistment.
Sec. 622. Eligibility of reserve component members for incentive bonus 
          for conversion to military occupational specialty to ease 
          personnel shortage.
Sec. 623. Permanent increase in authorized amounts for imminent danger 
          special pay and family separation allowance.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Travel and transportation allowances for family members to 
          attend burial ceremony or memorial service of member who dies 
          on duty.
Sec. 632. Transportation of family members incident to serious illness 
          or injury of members of the uniformed services.
Sec. 633. Reimbursement for certain lodging costs incurred in connection 
          with dependent student travel.

              Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Computation of high-36 month average for reserve component 
          members retired for disability while on active duty or dying 
          while on active duty.
Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and 
          veterans' disability compensation for military retirees with 
          service-connected disabilities rated as 100 percent.
Sec. 643. Death benefits enhancement.
Sec. 644. Phased elimination of two-tier annuity computation for 
          surviving spouses under Survivor Benefit Plan.
Sec. 645. One-year open enrollment period for Survivor Benefit Plan 
          commencing October 1, 2005.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

Sec. 651. Consolidation and reorganization of legislative provisions 
          regarding defense commissary system and exchanges and other 
          morale, welfare, and recreation activities.
Sec. 652. Consistent State treatment of Department of Defense 
          Nonappropriated Fund Health Benefits Program.

                        Subtitle F--Other Matters

Sec. 661. Eligibility of members for reimbursement of expenses incurred 
          for adoption placements made by foreign governments.
Sec. 662. Clarification of education loans qualifying for education loan 
          repayment program for reserve component health professions 
          officers.
Sec. 663. Receipt of pay by reservists from civilian employers while on 
          active duty in connection with a contingency operation.
Sec. 664. Relief for mobilized reservists from certain Federal 
          agricultural loan obligations.
Sec. 665. Survey and analysis of effect of extended and frequent 
          mobilization of reservists for active duty service on 
          reservist income.
Sec. 666. Study of disability benefits for veterans of service in the 
          Armed Forces with service-connected disabilities.

                    TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Enhanced Benefits for Reserves

Sec. 701. TRICARE coverage for members of reserve components who commit 
          to continued service in the Selected Reserve after release 
          from active duty.
Sec. 702. Comptroller General report on the cost and feasibility of 
          providing private health insurance stipends for members of the 
          Ready Reserves.
Sec. 703. Permanent earlier eligibility date for TRICARE benefits for 
          members of reserve components and their dependents.
Sec. 704. Waiver of certain deductibles under TRICARE program for 
          members on active duty for a period of more than 30 days.
Sec. 705. Authority for payment by United States of additional amounts 
          billed by health care providers to activated Reserves.
Sec. 706. Permanent extension of transitional health care benefits and 
          addition of requirement for preseparation physical 
          examination.

                 Subtitle B--Other Benefits Improvements

Sec. 711. Opportunity for young child dependent of deceased member to 
          become eligible for enrollment in a TRICARE dental plan.
Sec. 712. Comptroller General report on provision of health, education, 
          and support services for Exceptional Family Member Program 
          enrollees.
Sec. 713. Continuation of sub-acute care for transition period.
Sec. 714. Improvements to pharmacy benefits program.
Sec. 715. Professional accreditation of military dentists.
Sec. 716. Temporary authority for waiver of collection of payments due 
          for CHAMPUS benefits received by disabled persons unaware of 
          loss of CHAMPUS eligibility.
Sec. 717. Services of marriage and family therapists.
Sec. 718. Chiropractic health care benefits advisory committee.

            Subtitle C--Planning, Programming, and Management

Sec. 721. Pilot program for health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for 
          certain military disability retirees.
Sec. 723. Study of mental health services.
Sec. 724. Policy for timely notification of next of kin of members 
          seriously ill or injured in combat zones.
Sec. 725. Revised funding methodology for military retiree health care 
          benefits.
Sec. 726. Grounds for presidential waiver of requirement for informed 
          consent or option to refuse regarding administration of drugs 
          not approved for general use.
Sec. 727. TRICARE program regional directors.

     Subtitle D--Medical Readiness Tracking and Health Surveillance

Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight 
          Committee.
Sec. 732. Medical readiness of Reserves.
Sec. 733. Baseline Health Data Collection Program.
Sec. 734. Medical care and tracking and health surveillance in the 
          theater of operations.
Sec. 735. Declassification of information on exposures to environmental 
          hazards.
Sec. 736. Report on training on environmental hazards.
Sec. 737. Uniform policy for meeting mobilization-related medical care 
          needs at military installations.
Sec. 738. Full implementation of Medical Readiness Tracking and Health 
          Surveillance Program and Force Health Protection and Readiness 
          Program.
Sec. 739. Reports and Internet accessibility relating to health matters.

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

              Subtitle A--Acquisition Policy and Management

Sec. 801. Software-related program costs under major defense acquisition 
          programs.
Sec. 802. Internal controls for Department of Defense procurements 
          through GSA Client Support Centers.
Sec. 803. Defense commercial communications satellite services 
          procurement process.
Sec. 804. Contractor performance of acquisition functions closely 
          associated with inherently governmental functions.
Sec. 805. Sustainment plans for existing systems while replacement 
          systems are under development.
Sec. 806. Applicability of competition exceptions to eligibility of 
          National Guard for financial assistance for performance of 
          additional duties.
Sec. 807. Inflation adjustment of acquisition-related dollar thresholds.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 811. Rapid acquisition authority to respond to combat emergencies.
Sec. 812. Defense acquisition workforce improvements.
Sec. 813. Period for multiyear task and delivery order contracts.
Sec. 814. Funding for contract ceilings for certain multiyear 
          procurement contracts.
Sec. 815. Increased threshold for senior procurement executive approval 
          of use of procedures other than competitive procedures.
Sec. 816. Increased threshold for applicability of requirement for 
          defense contractors to provide information on subcontracting 
          authority of contractor personnel to cooperative agreement 
          holders.
Sec. 817. Extension of authority for use of simplified acquisition 
          procedures.
Sec. 818. Submission of cost or pricing data on noncommercial 
          modifications of commercial items.
Sec. 819. Delegations of authority to make determinations relating to 
          payment of defense contractors for business restructuring 
          costs.
Sec. 820. Availability of Federal supply schedule supplies and services 
          to United Service Organizations, Incorporated.
Sec. 821. Addition of landscaping and pest control services to list of 
          designated industry groups participating in the Small Business 
          Competitiveness Demonstration Program.
Sec. 822. Increased thresholds under special emergency procurement 
          authority.

      Subtitle C--United States Defense Industrial Base Provisions

Sec. 831. Defense trade reciprocity.
Sec. 832. Assessment and report on the acquisition of polyacrylonitrile 
          (PAN) carbon fiber from foreign sources.

         Subtitle D--Extensions of Temporary Program Authorities

Sec. 841. Extension of mentor-protege program.
Sec. 842. Amendment to mentor-protege program.
Sec. 843. Extension of test program for negotiation of comprehensive 
          small business subcontracting plans.
Sec. 844. Extension of pilot program on sales of manufactured articles 
          and services of certain Army industrial facilities.

                  Subtitle E--Other Acquisition Matters

Sec. 851. Review and demonstration project relating to contractor 
          employees.
Sec. 852. Inapplicability of certain fiscal laws to settlements under 
          special temporary contract closeout authority.
Sec. 853. Contracting with employers of persons with disabilities.
Sec. 854. Defense procurements made through contracts of other agencies.
Sec. 855. Requirements relating to source selection for integrated 
          support of aerial refueling aircraft fleet for the Air Force.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

        Subtitle A--Duties and Functions of Department of Defense

Sec. 901. Study of roles and authorities of the Director of Defense 
          Research and Engineering.
Sec. 902. Change of membership of specified council.

                      Subtitle B--Space Activities

Sec. 911. Space posture review.
Sec. 912. Panel on the future of national security space launch.
Sec. 913. Operationally responsive national security satellites.
Sec. 914. Nondisclosure of certain products of commercial satellite 
          operations.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Two-year extension of authority of the Secretary of Defense to 
          engage in commercial activities as security for intelligence 
          collection activities abroad.
Sec. 922. Pilot program on cryptologic service training.

                        Subtitle D--Other Matters

Sec. 931. Strategic plan for destruction of lethal chemical agents and 
          munitions stockpile.
Sec. 932. Secretary of Defense criteria for and guidance on 
          identification and internal transmission of critical 
          information.

                       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. Budget justification documents for operation and maintenance.
Sec. 1004. Licensing of intellectual property.
Sec. 1005. Repeal of funding restrictions concerning development of 
          medical countermeasures against biological warfare threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency 
          fluctuations.
Sec. 1007. Fiscal year 2004 transfer authority.
Sec. 1008. Clarification of fiscal year 2004 funding level for a 
          National Institute of Standards and Technology account.
Sec. 1009. Notification of fund transfers from working-capital funds.
Sec. 1010. Charges for Defense Logistics Information Services materials.

                 Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Authority for award of contracts for ship dismantling on net-
          cost basis.
Sec. 1012. Use of proceeds from exchange and sale of obsolete navy 
          service craft and boats.
Sec. 1013. Transfer of naval vessels to certain foreign recipients.
Sec. 1014. Independent study to assess cost effectiveness of the Navy 
          ship construction program.
Sec. 1015. Limitation on disposal of obsolete naval vessel.

                     Subtitle C--Counterdrug Matters

Sec. 1021. Use of funds for unified counterdrug and counterterrorism 
          campaign in Colombia.
Sec. 1022. Sense of Congress and report regarding counter-drug efforts 
          in Afghanistan.

       Subtitle D--Matters Relating to Museums and Commemorations

Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City, 
          Missouri, as America's National World War I Museum.
Sec. 1032. Program to commemorate 60th anniversary of World War II.
Sec. 1033. Annual report on Department of Defense operation and 
          financial support for military museums.

                           Subtitle E--Reports

Sec. 1041. Quarterly detailed accounting for operations conducted as 
          part of the Global War on Terrorism.
Sec. 1042. Report on post-major combat operations phase of Operation 
          Iraqi Freedom.
Sec. 1043. Report on training provided to members of the Armed Forces to 
          prepare for post-conflict operations.
Sec. 1044. Report on establishing National Centers of Excellence for 
          unmanned aerial and ground vehicles.
Sec. 1045. Study of continued requirement for two-crew manning for 
          ballistic missile submarines.
Sec. 1046. Report on Department of Defense programs for prepositioning 
          of materiel and equipment.
Sec. 1047. Report on al Quaeda and associated groups in Latin America 
          and the Caribbean.

   Subtitle F--Defense Against Terrorism and Other Domestic Security 
                                 Matters

Sec. 1051. Acceptance of communications equipment provided by local 
          public safety agencies.
Sec. 1052. Determination and report on full-time airlift support for 
          homeland defense operations.
Sec. 1053. Survivability of critical systems exposed to chemical or 
          biological contamination.

                 Subtitle G--Personnel Security Matters

Sec. 1061. Use of National Driver Register for personnel security 
          investigations and determinations.
Sec. 1062. Standards for disqualification from eligibility for 
          Department of Defense security clearance.

               Subtitle H--Transportation-Related Matters

Sec. 1071. Use of military aircraft to transport mail to and from 
          overseas locations.
Sec. 1072. Reorganization and clarification of certain provisions 
          relating to control and supervision of transportation within 
          the Department of Defense.
Sec. 1073. Evaluation of procurement practices relating to 
          transportation of security-sensitive cargo.

                        Subtitle I--Other Matters

Sec. 1081. Liability protection for Department of Defense volunteers 
          working in maritime environment.
Sec. 1082. Sense of Congress concerning media coverage of the return to 
          the United States of the remains of deceased members of the 
          Armed Forces from overseas.
Sec. 1083. Transfer of historic F3A-1 Brewster Corsaird aircraft.
Sec. 1084. Technical and clerical amendments.
Sec. 1085. Preservation of search and rescue capabilities of the Federal 
          Government.
Sec. 1086. Acquisition of aerial firefighting equipment for National 
          Interagency Fire Center.
Sec. 1087. Revision to requirements for recognition of institutions of 
          higher education as Hispanic-serving institutions for purposes 
          of certain grants and contracts.
Sec. 1088. Military extraterritorial jurisdiction over contractors 
          supporting defense missions overseas.
Sec. 1089. Definition of United States for purposes of Federal crime of 
          torture.
Sec. 1090. Energy savings performance contracts.
Sec. 1091. Sense of Congress and policy concerning persons detained by 
          the United States.
Sec. 1092. Actions to prevent the abuse of detainees.
Sec. 1093. Reporting requirements.
Sec. 1094. Findings and sense of Congress concerning Army Specialist 
          Joseph Darby.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Payment of Federal employee health benefit premiums for 
          mobilized Federal employees.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian 
          intelligence personnel.
Sec. 1104. Pay parity for senior executives in defense nonappropriated 
          fund instrumentalities.
Sec. 1105. Science, mathematics, and research for transformation (SMART) 
          defense scholarship pilot program.
Sec. 1106. Report on how to recruit and retain individuals with foreign 
          language skills.
Sec. 1107. Plan on implementation and utilization of flexible personnel 
          management authorities in Department of Defense laboratories.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

  Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on 
                                Terrorism

Sec. 1201. Commanders' Emergency Response Program.
Sec. 1202. Assistance to Iraq and Afghanistan military and security 
          forces.
Sec. 1203. Redesignation and modification of authorities relating to 
          Inspector General of the Coalition Provisional Authority.
Sec. 1204. Presidential report on strategy for stabilization of Iraq.
Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
Sec. 1206. Report on contractors supporting deployed forces and 
          reconstruction efforts in Iraq.
Sec. 1207. United Nations Oil-for-Food Program.
Sec. 1208. Support of military operations to combat terrorism.

                Subtitle B--Counterproliferation Matters

Sec. 1211. Defense international counterproliferation programs.
Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic 
          missiles.
Sec. 1213. Sense of Congress on the global partnership against the 
          spread of weapons of mass destruction.
Sec. 1214. Report on collaborative measures to reduce the risks of a 
          launch of Russian nuclear weapons.

                        Subtitle C--Other Matters

Sec. 1221. Authority for humanitarian assistance for the detection and 
          clearance of landmines extended to include other explosive 
          remnants of war.
Sec. 1222. Expansion of entities of the People's Republic of China 
          subject to certain presidential authorities when operating in 
          the United States.
Sec. 1223. Assignment of NATO naval personnel to submarine safety 
          programs.
Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
Sec. 1225. Bilateral exchanges and trade in defense articles and defense 
          services between the United States and the United Kingdom and 
          Australia.
Sec. 1226. Study on missile defense cooperation.

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

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
          funds.
Sec. 1302. Funding allocations.
Sec. 1303. Temporary authority to waive limitation on funding for 
          chemical weapons destruction facility in Russia.
Sec. 1304. Inclusion of descriptive summaries in annual Cooperative 
          Threat Reduction reports and budget justification materials.

                    TITLE XIV--SUNKEN MILITARY CRAFT

Sec. 1401. Preservation of title to sunken military craft and associated 
          contents.
Sec. 1402. Prohibitions.
Sec. 1403. Permits.
Sec. 1404. Penalties.
Sec. 1405. Liability for damages.
Sec. 1406. Relationship to other laws.
Sec. 1407. Encouragement of agreements with foreign countries.
Sec. 1408. Definitions.

   TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI 
                 FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Operation and maintenance.
Sec. 1506. Defense working capital funds.
Sec. 1507. Iraq Freedom Fund.
Sec. 1508. Defense health program.
Sec. 1509. Military personnel.
Sec. 1510. Treatment as additional authorizations.
Sec. 1511. Transfer authority.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

                             TITLE XXI--ARMY

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

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

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

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

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

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

         TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
          specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002 
          projects.
Sec. 2703. Extension and renewal of authorizations of certain fiscal 
          year 2001 projects.

                    TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Modification of approval and notice requirements for facility 
          repair projects.
Sec. 2802. Reporting requirements regarding military family housing 
          requirements for general officers and flag officers.
Sec. 2803. Congressional notification of deviations from authorized cost 
          variations for military construction projects and military 
          family housing projects.
Sec. 2804. Assessment of vulnerability of military installations to 
          terrorist attack and annual report on military construction 
          requirements related to antiterrorism and force protection.
Sec. 2805. Repeal of limitations on use of alternative authority for 
          acquisition and improvement of military housing.
Sec. 2806. Additional reporting requirements relating to alternative 
          authority for acquisition and improvement of military housing.
Sec. 2807. Temporary authority to accelerate design efforts for military 
          construction projects carried out using design-build selection 
          procedures.
Sec. 2808. Notification thresholds and requirements for expenditures or 
          contributions for acquisition of facilities for reserve 
          components.
Sec. 2809. Authority to exchange reserve component facilities to acquire 
          replacement facilities.
Sec. 2810. One-year extension of temporary, limited authority to use 
          operation and maintenance funds for construction projects 
          outside the United States.
Sec. 2811. Consideration of combination of military medical treatment 
          facilities and health care facilities of Department of 
          Veterans Affairs.

         Subtitle B--Real Property and Facilities Administration

Sec. 2821. Reorganization of existing administrative provisions relating 
          to real property transactions.
Sec. 2822. Development of Heritage Center for the National Museum of the 
          United States Army.
Sec. 2823. Elimination of reversionary interests clouding United States 
          title to property used as Navy homeports.

                Subtitle C--Base Closure and Realignment

Sec. 2831. Establishment of specific deadline for submission of 
          revisions to force-structure plan and infrastructure 
          inventory.
Sec. 2832. Specification of final selection criteria for 2005 base 
          closure round.
Sec. 2833. Repeal of authority of Secretary of Defense to recommend that 
          installations be placed in inactive status.
Sec. 2834. Voting requirements for Defense Base Closure and Realignment 
          Commission to add to or otherwise expand closure and 
          realignment recommendations made by Secretary of Defense.

                      Subtitle D--Land Conveyances

                        Part I--Army Conveyances

Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee.
Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline, 
          Louisiana.
Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri.
Sec. 2845. Transfer of administrative jurisdiction, Defense Supply 
          Center, Columbus, Ohio.
Sec. 2846. Jurisdiction and utilization of former public domain lands, 
          Umatilla Chemical Depot, Oregon.
Sec. 2847. Modification of authority for land conveyance, equipment and 
          storage yard, Charleston, South Carolina.
Sec. 2848. Land conveyance, Fort Hood, Texas.
Sec. 2849. Land conveyance, local training area for Browning Army 
          Reserve Center, Utah.
Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia.
Sec. 2851. Land conveyance, Army National Guard Facility, Seattle, 
          Washington.
Sec. 2852. Modification of land exchange and consolidation, Fort Lewis, 
          Washington.

                        Part II--Navy Conveyances

Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida.
Sec. 2862. Land conveyance, Honolulu, Hawaii.
Sec. 2863. Land conveyance, Navy property, former Fort Sheridan, 
          Illinois.
Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2865. Modification of land acquisition authority, Perquimans 
          County, North Carolina.
Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South 
          Carolina.
Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia.

                     Part III--Air Force Conveyances

Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2872. Land conveyance, March Air Force Base, California.
Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York.

                       Part IV--Other Conveyances

Sec. 2881. Land exchange, Arlington County, Virginia.

                        Subtitle E--Other Matters

Sec. 2891. One-year resumption of Department of Defense Laboratory 
          Revitalization Demonstration Program.
Sec. 2892. Designation of Airmen Leadership School at Luke Air Force 
          Base, Arizona, in honor of John J. Rhodes, a former minority 
          leader of the House of Representatives.
Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and 
          Redevelopment Agency.
Sec. 2894. Report on establishment of mobilization station at Camp 
          Ripley National Guard Training Center, Little Falls, 
          Minnesota.
Sec. 2895. Report on feasibility of establishment of veterans memorial 
          at Marine Corps Air Station, El Toro, California.
Sec. 2896. Sense of Congress regarding effect of military housing 
          policies and force structure and basing changes on local 
          educational agencies.
Sec. 2897. Sense of Congress and study regarding memorial honoring non-
          United States citizens killed in the line of duty while 
          serving in the United States Armed Forces.

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

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Report on requirements for Modern Pit Facility.
Sec. 3112. Two-year extension of authority for appointment of certain 
          scientific, engineering, and technical personnel.
Sec. 3113. Limited authority to carry out new projects under Facilities 
          and Infrastructure Recapitalization Program after project 
          selection deadline.
Sec. 3114. Modification of milestone and report requirements for 
          National Ignition Facility.
Sec. 3115. Modification of submittal date of annual plan for 
          stewardship, management, and certification of warheads in the 
          nuclear weapons stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. Treatment of waste material.
Sec. 3118. Local stakeholder organizations for 2006 closure sites.
Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts 
          Initiative.

                    Subtitle C--Proliferation Matters

Sec. 3131. Modification of authority to use International Nuclear 
          Materials Protection and Cooperation Program funds outside the 
          former Soviet Union.
Sec. 3132. Acceleration of removal or security of fissile materials, 
          radiological materials, and related equipment at vulnerable 
          sites worldwide.
Sec. 3133. Silk Road Initiative.
Sec. 3134. Nuclear nonproliferation fellowships for scientists employed 
          by United States and Russian Federation.
Sec. 3135. Utilization of international contributions to the elimination 
          of weapons grade plutonium production program.

                        Subtitle D--Other Matters

Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Report on maintenance of retirement benefits for certain 
          workers at 2006 closure sites after closure of sites.
Sec. 3143. Report on efforts of National Nuclear Security Administration 
          to understand plutonium aging.
Sec. 3144. Support for public education in the vicinity of Los Alamos 
          National Laboratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant 
          to competitive contract.
Sec. 3146. National Academy of Sciences study on management by 
          Department of Energy of certain radioactive waste streams.
Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders 
          for acquisition of lands for Manhattan Project in World War 
          II.
Sec. 3148. Modification of requirements relating to conveyances and 
          transfer of certain land at Los Alamos National Laboratory, 
          New Mexico.

 Subtitle E--Energy Employees Occupational Illness Compensation Program

Sec. 3161. Contractor employee compensation.
Sec. 3162. Conforming amendments.
Sec. 3163. Technical amendments.
Sec. 3164. Transfer of funds for fiscal year 2005.
Sec. 3165. Use of Energy Employees Occupational Illness Compensation 
          Fund for certain payments to covered uranium employees.
Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational 
          Illness Compensation Program Act of 2000.
Sec. 3167. Emergency Special Exposure Cohort meeting and report.
Sec. 3168. Coverage of individuals employed at atomic weapons employer 
          facilities during periods of residual contamination.
Sec. 3169. Update of report on residual contamination of facilities.
Sec. 3170. Sense of Congress on resource center for energy employees 
          under Energy Employee Occupational Illness Compensation 
          Program in western New York and western Pennsylvania region.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of earlier authority to dispose of certain materials 
          in National Defense Stockpile.
Sec. 3303. Disposal of ferromanganese.
Sec. 3304. Prohibition on storage of mercury at certain facilities.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                   TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for 
          merchant marine vessels.
Sec. 3503. Modification of priority afforded applications for national 
          defense tank vessel construction assistance.

                 TITLE XXXVI--ASSISTANCE TO FIREFIGHTERS

Sec. 3601. Short title.
Sec. 3602. Amendments to Federal Fire Prevention and Control Act of 
          1974.
Sec. 3603. Report on assistance to firefighters.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

    For purposes of this Act, the term ``congressional defense 
committees'' has the meaning given that term in section 101(a)(16) of 
title 10, United States Code.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

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

                        Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for the light weight 155-
          millimeter howitzer program.
Sec. 112. Light utility helicopter program.

                        Subtitle C--Navy Programs

Sec. 121. DDG-51 modernization program.
Sec. 122. Repeal of authority for pilot program for flexible funding of 
          cruiser conversions and overhauls.
Sec. 123. LHA(R) amphibious assault ship program.

                     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. Aerial refueling aircraft acquisition program.

                        Subtitle E--Other Matters

Sec. 141. Development of deployable systems to include consideration of 
          force protection in asymmetric threat environments.
Sec. 142. Allocation of equipment authorized by this title to units 
          deployed, or to be deployed, to Operation Iraqi Freedom or 
          Operation Enduring Freedom.
Sec. 143. Report on options for acquisition of precision-guided 
          munitions.

              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, $2,611,540,000.
        (2) For missiles, $1,307,000,000.
        (3) For weapons and tracked combat vehicles, $1,702,695,000.
        (4) For ammunition, $1,545,702,000.
        (5) For other procurement, $4,345,246,000.

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, $8,814,442,000.
        (2) For weapons, including missiles and torpedoes, 
    $2,067,520,000.
        (3) For shipbuilding and conversion, $10,116,827,000.
        (4) For other procurement, $4,633,886,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2005 for procurement for the Marine Corps in the amount 
of $1,268,453,000.
    (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 $878,140,000.

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, $13,228,124,000.
        (2) For ammunition, $1,318,959,000.
        (3) For missiles, $4,548,513,000.
        (4) For other procurement, $12,949,327,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2005 
for Defense-wide procurement in the amount of $2,846,583,000.

                       Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT WEIGHT 155-
              MILLIMETER HOWITZER PROGRAM.

    The Secretary of the Army and the Secretary of the Navy may, in 
accordance with section 2306b of title 10, United States Code, jointly 
enter into a multiyear contract, beginning with the fiscal year 2005 
program year, for procurement of the light weight 155-millimeter 
howitzer.

SEC. 112. LIGHT UTILITY HELICOPTER PROGRAM.

    (a) Limitation.--None of the funds authorized to be appropriated 
under section 101(1) for the procurement of light utility helicopters 
may 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) an Army aviation modernization plan described in subsection 
    (b).
    (b) Army Aviation Modernization Plan.--The Army aviation 
modernization plan referred to in subsection (a)(2) is an updated 
modernization plan for Army aviation that contains, at a minimum, the 
following:
        (1) The analysis on which the plan is based.
        (2) A discussion of the Secretary's decision to terminate the 
    Comanche helicopter program and to restructure the aviation force 
    of the Army.
        (3) 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.
        (4) A discussion of the conversion of Apache helicopters to 
    block III configuration, including (A) the rationale for converting 
    only 501 Apache helicopters to that configuration, and (B) the 
    costs associated with a conversion of all Apache helicopters to the 
    block III configuration.
        (5) A discussion of the procurement of light armed 
    reconnaissance helicopters, including (A) the rationale for the 
    requirement for light armed reconnaissance helicopters, and (B) a 
    discussion of the costs associated with upgrading the light armed 
    reconnaissance helicopter to meet Army requirements.
        (6) 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.
        (7) The rationale for the procurement of cargo fixed-wing 
    aircraft.
        (8) The rationale for the initiation of a joint multi-role 
    helicopter program.
        (9) A description of the operational employment of the Army's 
    restructured aviation force.

                       Subtitle C--Navy Programs

SEC. 121. DDG-51 MODERNIZATION PROGRAM.

    (a) Acceleration of Modernization Program.--The Secretary of the 
Navy shall accelerate the program for in-service modernization of the 
DDG-51 class of destroyers (in this section referred to as the 
``modernization program'').
    (b) Report.--Not later than March 31, 2005, the Secretary of the 
Navy shall submit to the congressional defense committees a report on 
the steps taken as of that date to carry out subsection (a). The report 
shall--
        (1) describe the elements of the modernization program; and
        (2) specify those elements of the modernization program that 
    are expected to contribute to the goal of reducing the crew size of 
    the DDG-51 class of destroyers by one-third and explain the basis 
    for those expectations.

SEC. 122. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE FUNDING OF 
              CRUISER CONVERSIONS AND OVERHAULS.

    Section 126 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1410; 10 U.S.C. 7291 note) is 
repealed.

SEC. 123. 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.

                     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. AERIAL REFUELING AIRCRAFT ACQUISITION PROGRAM.

    (a) Termination of Leasing Authority.--Subsection (a) of section 
135 of the National Defense Authorization Act for Fiscal Year 2004 
(Public Law 108-136; 117 Stat. 1413; 10 U.S.C. 2401a note) is amended 
by striking ``may lease no more than 20 tanker aircraft'' and inserting 
``shall lease no tanker aircraft''.
    (b) Multiyear Procurement Authority.--Subsection (b) of such 
section is amended--
        (1) in paragraph (1)--
            (A) by striking ``Beginning with the fiscal year 2004 
        program year, the Secretary'' and inserting ``The Secretary''; 
        and
            (B) by striking ``necessary to meet'' and all that follows 
        through ``is insufficient'';
        (2) in paragraph (2), by striking ``80'' and inserting ``100''; 
    and
        (3) by striking paragraph (4).
    (c) Study.--Subsection (c)(1) of such section is amended by 
striking ``leased under the multiyear aircraft lease pilot program or'' 
in subparagraphs (A) and (B).
    (d) Relationship to Previous Law.--Such section is further amended 
by adding at the end the following new subsection:
    ``(f) Relationship to Previous Law.--The multiyear procurement 
authority in subsection (b) may not be executed under section 8159 of 
the Department of Defense Appropriations Act, 2002 (division A of 
Public Law 107-117).''.

                       Subtitle E--Other Matters

SEC. 141. DEVELOPMENT OF DEPLOYABLE SYSTEMS TO INCLUDE CONSIDERATION OF 
              FORCE PROTECTION IN ASYMMETRIC THREAT ENVIRONMENTS.

    (a) Requirement for Systems Development.--The Secretary of Defense 
shall require that the Department of Defense regulations, directives, 
and guidance governing the acquisition of covered systems be revised to 
require that--
        (1) an assessment of warfighter survivability and of system 
    suitability against asymmetric threats shall be performed as part 
    of the development of system requirements for any such system; and
        (2) requirements for key performance parameters for force 
    protection and survivability shall be included as part of the 
    documentation of system requirements for any such system.
    (b) Covered Systems.--In this section, the term ``covered system'' 
means any of the following systems that is expected to be deployed in 
an asymmetric threat environment:
        (1) Any manned system.
        (2) Any equipment intended to enhance personnel survivability.
    (c) Inapplicability of Development Requirement to Systems Already 
Through Development.--The revisions pursuant subsection (a) to 
Department of Defense regulations, directives, and guidance shall not 
apply to a system that entered low-rate initial production before the 
date of the enactment of this Act.
    (d) Deadline for Policy Revisions.--The revisions required by 
subsection (a) to Department of Defense regulations, directives, and 
guidance shall be made not later than 120 days after the date of the 
enactment of this Act.

SEC. 142. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE TO UNITS 
              DEPLOYED, OR TO BE DEPLOYED, TO OPERATION IRAQI FREEDOM 
              OR OPERATION ENDURING FREEDOM.

    In allocating equipment acquired using funds authorized to be 
appropriated by this title to operational units deployed, or scheduled 
to be deployed, to Operation Iraqi Freedom or Operation Enduring 
Freedom, the Secretary of Defense shall ensure that the allocation is 
made without regard to the status of the units as active, Guard, or 
reserve component units.

SEC. 143. 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 to the congressional defense 
committees a report on options for the acquisition of precision-guided 
munitions.
    (b) Content of Report.--The report shall include the following:
        (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 for each munition (in constant 
        fiscal year 2004 dollars) at each of the production rates 
        specified in subparagraph (C) for each year in the future-years 
        defense program.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Future Combat Systems program strategy.
Sec. 212. Collaborative program for research and development of vacuum 
          electronics technologies.
Sec. 213. Annual Comptroller General report on Joint Strike Fighter 
          program.
Sec. 214. Amounts for United States Joint Forces Command to be derived 
          only from Defense-wide amounts.
Sec. 215. Global Positioning System III satellite.
Sec. 216. Initiation of concept demonstration of Global Hawk high 
          altitude endurance unmanned aerial vehicle.
Sec. 217. Joint Unmanned Combat Air Systems program.

                  Subtitle C--Missile Defense Programs

Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Integration of Patriot Advanced Capability-3 and Medium 
          Extended Air Defense System into ballistic missile 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 Congress regarding funding of the Advanced 
          Shipbuilding Enterprise under the National Shipbuilding 
          Research Program of the Navy.

              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, $9,307,248,000.
        (2) For the Navy, $16,200,591,000.
        (3) For the Air Force, $20,432,933,000.
        (4) For Defense-wide activities, $20,556,986,000, of which 
    $304,135,000 is authorized for the Director of Operational Test and 
    Evaluation.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

    (a) Fiscal Year 2005.--Of the amounts authorized to be appropriated 
by section 201, $11,191,600,000 shall be available for the Defense 
Science and Technology Program, including basic research, applied 
research, and advanced technology development projects.
    (b) Basic Research, Applied Research, and Advanced Technology 
Development Defined.--For purposes of this section, the term ``basic 
research, applied research, and advanced technology development'' means 
work funded in program elements for defense research and development 
under Department of Defense category 6.1, 6.2, or 6.3.

    Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.

    (a) Program Strategy Required.--The Secretary of the Army shall 
establish and implement a program strategy for the Future Combat 
Systems acquisition program of the Army. The purpose of the program 
strategy shall be to provide an effective, affordable, producible, and 
supportable military capability with a realistic schedule and a robust 
cost estimate.
    (b) Elements of Program Strategy.--The program strategy shall--
        (1) require the release, at the design readiness review, of not 
    less than 90 percent of engineering drawings for the building of 
    prototypes;
        (2) require, before facilitating production or contracting for 
    items with long lead times, that an acceptable demonstration be 
    carried out of the performance of the information network, 
    including the performance of the Joint Tactical Radio System and 
    the Warfighter Information Network-Tactical; and
        (3) require, before the initial production decision, that an 
    acceptable demonstration be carried out of the collective 
    capability of each system to meet system-of-systems requirements 
    when integrated with the information network.
    (c) Required Submissions to Congress.--Before convening the 
Milestone B update for the Future Combat Systems acquisition program 
required by the Future Combat Systems acquisition decision memorandum, 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics shall submit to Congress each of the following documents:
        (1) The cost estimate of the Army with respect to the Future 
    Combat Systems program.
        (2) A report, prepared by an independent panel, on the maturity 
    levels of the critical technologies with respect to the program, 
    including an assessment of those technologies that are likely to 
    require a decision to use an alternative approach.
        (3) A report, prepared by the chief information officer of the 
    Army, describing--
            (A) the status of the development and integration of the 
        network and the command, control, computers, communications, 
        intelligence, surveillance, and reconnaissance components; and
            (B) the progress made toward meeting the requirements for 
        network-centric capabilities as set forth by such officer.
        (4) A report identifying the key performance parameters with 
    respect to the program, with all objectives and thresholds 
    quantified, together with the supporting analytical rationale.
    (d) Independent Cost Estimate.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit to Congress not 
later than March 1, 2005, an independent cost estimate, prepared by the 
cost analysis improvement group of the Office of the Secretary of 
Defense, with respect to the Future Combat Systems program.
    (e) Limitation on Funding.--(1) Except as provided in paragraph 
(2), the Secretary of the Army may not obligate, from amounts made 
available for fiscal year 2005, more than $2,200,000,000 for the Future 
Combat Systems acquisition program.
    (2) The limitation in paragraph (1) shall not apply after the 
Secretary of the Army submits to Congress--
        (A) the Secretary's certification that the Secretary has 
    established and implemented the program strategy required by 
    subsection (a); and
        (B) each of the documents specified in subsection (c).

SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOPMENT OF VACUUM 
              ELECTRONICS TECHNOLOGIES.

    (a) Program Required.--The Secretary of Defense shall establish a 
program for research and development in advanced vacuum electronics to 
meet the requirements of Department of Defense systems.
    (b) Description of Program.--The program under subsection (a) shall 
be carried out collaboratively by the Director of Defense Research and 
Engineering, the Secretary of the Navy, the Secretary of the Air Force, 
the Secretary of the Army, and other appropriate elements of the 
Department of Defense. The program shall include the following 
activities:
        (1) Activities needed for development and maturation of 
    advanced vacuum electronics technologies needed to meet the 
    requirements of the Department of Defense.
        (2) Identification of legacy and developmental Department of 
    Defense systems which may make use of advanced vacuum electronics 
    under the program.
    (c) Report.--Not later than January 31, 2005, the Director of 
Defense Research and Engineering shall submit to the congressional 
defense committees a report on the implementation of the program under 
subsection (a). The report shall include the following:
        (1) Identification of the organization to have lead 
    responsibility for carrying out the program.
        (2) Assessment of the role of investing in vacuum electronics 
    technologies as part of the overall strategy of the Department of 
    Defense for investing in electronics technologies to meet the 
    requirements of the Department.
        (3) The management plan and schedule for the program and any 
    agreements relating to that plan.
        (4) Identification of the funding required for fiscal year 2006 
    and for the future-years defense program to carry out the program.
        (5) A list of program capability goals and objectives.
        (6) An outline of the role of basic and applied research in 
    support of the development and maturation of advanced vacuum 
    electronics technologies needed to meet the requirements of the 
    Department of Defense.
        (7) Assessment of global capabilities in vacuum electronics 
    technologies and the effect of those capabilities on the national 
    security and economic competitiveness of the United States.

SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT STRIKE FIGHTER 
              PROGRAM.

    (a) Annual GAO Review.--The Comptroller General shall conduct an 
annual review of the Joint Strike Fighter aircraft program and shall, 
not later than March 15 of each year, submit to the congressional 
defense committees a report on the results of the most recent review. 
With each such report, the Comptroller General shall submit a 
certification as to whether the Comptroller General has had access to 
sufficient information to enable the Comptroller General to make 
informed judgments on the matters covered by the report.
    (b) Matters to Be Included.--Each report on the Joint Strike 
Fighter aircraft program under subsection (a) shall include the 
following with respect to system development and demonstration under 
the program:
        (1) The extent to which such system development and 
    demonstration is meeting established goals, including the goals 
    established for performance, cost, and schedule.
        (2) The plan for such system development and demonstration 
    (leading to production) for the fiscal year that begins in the year 
    in which the report is submitted.
        (3) The Comptroller General's conclusion regarding whether such 
    system development and demonstration (leading to production) is 
    likely to be completed at a total cost not in excess of the amount 
    specified (or to be specified) for such purpose in the Selected 
    Acquisition report for the Joint Strike Fighter aircraft program 
    under section 2432 of title 10, United States Code, for the first 
    quarter of the fiscal year during which the report of the 
    Comptroller General is submitted.
    (c) Requirement to Support Annual GAO Review.--The Secretary of 
Defense and the prime contractor for the Joint Strike Fighter aircraft 
program shall provide to the Comptroller General such information on 
that program as the Comptroller General considers necessary to carry 
out the responsibilities of the Comptroller General under this section, 
including such information as is necessary for the purposes of 
subsection (b)(3).
    (d) Termination.--No report is required under this section after 
the report that, under subsection (a), is required to be submitted not 
later than March 15, 2009.

SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES COMMAND TO BE DERIVED 
              ONLY FROM DEFENSE-WIDE AMOUNTS.

    (a) In General.--Chapter 9 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 232. United States Joint Forces Command: amounts for research, 
            development, test, and evaluation to be derived only from 
            Defense-wide amounts

    ``(a) Requirement.--Amounts for research, development, test, and 
evaluation for the United States Joint Forces Command shall be derived 
only from amounts made available to the Department of Defense for 
Defense-wide research, development, test, and evaluation.
    ``(b) Separate Display in Budget.--Any amount in the budget 
submitted to Congress under section 1105 of title 31 for any fiscal 
year for research, development, test, and evaluation for the United 
States Joint Forces Command shall be set forth under the account of the 
Department of Defense for Defense-wide research, development, test, and 
evaluation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``232. United States Joint Forces Command: amounts for research, 
          development, test, and evaluation to be derived only from 
          Defense-wide amounts.''.

    (c) Applicability.--Section 232 of title 10, United States Code (as 
added by subsection (a)) applies to fiscal years beginning with fiscal 
year 2007.

SEC. 215. 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. 216. 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. 217. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.

    (a) Executive Committee.--(1) The Secretary of Defense shall, 
subject to subsection (b), establish an executive committee and require 
that 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.

                  Subtitle C--Missile Defense Programs

SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

    (a) Authority.--Funds described in subsection (b) may, upon 
approval by the Secretary of Defense, be used for the development and 
fielding of ballistic missile defense capabilities.
    (b) Covered Funds.--Subsection (a) applies to funds appropriated 
for fiscal year 2005 or fiscal year 2006 for research, development, 
test, and evaluation for the Missile Defense Agency.

SEC. 232. INTEGRATION OF PATRIOT ADVANCED CAPABILITY-3 AND MEDIUM 
              EXTENDED AIR DEFENSE SYSTEM INTO BALLISTIC MISSILE 
              DEFENSE SYSTEM.

    (a) Relationship to Ballistic Missile Defense System.--The combined 
program of the Department of the Army known as the Patriot Advanced 
Capability-3/Medium Extended Air Defense System air and missile defense 
program (hereinafter in this section referred to as the ``PAC-3/MEADS 
program'') is an element of the Ballistic Missile Defense System.
    (b) Management of Configuration Changes.--The Director of the 
Missile Defense Agency, in consultation with the Secretary of the Army 
(acting through the Assistant Secretary of the Army for Acquisition, 
Logistics and Technology) shall ensure that any configuration change 
for the PAC-3/MEADS program is subject to the configuration control 
board processes of the Missile Defense Agency so as to ensure 
integration of the PAC-3/MEADS element with appropriate elements of the 
Ballistic Missile Defense System.
    (c) Required Procedures.--(1) Except as otherwise directed by the 
Secretary of Defense, the Secretary of the Army (acting through the 
Assistant Secretary of the Army for Acquisition, Logistics and 
Technology) may make a significant change to the baseline technical 
specifications or the baseline schedule for the PAC-3/MEADS program 
only with the concurrence of the Director of the Missile Defense 
Agency.
    (2) With respect to a proposal by the Secretary of the Army to make 
a significant change to the procurement quantity (including any 
quantity in any future block procurement) that, as of the date of such 
proposal, is planned for the PAC-3/MEADS program, the Secretary of 
Defense shall establish--
        (A) procedures for a determination of the effect of such change 
    on Ballistic Missile Defense System capabilities and on the cost of 
    the PAC-3/MEADS program; and
        (B) procedures for review of the proposed change by all 
    relevant commands and agencies of the Department of Defense, 
    including determination of the concurrence or nonconcurrence of 
    each such command and agency with respect to such proposed change.
    (d) Report.--Not later than February 1, 2005, the Secretary of 
Defense shall submit to the congressional defense committees a report 
describing the procedures developed pursuant to subsection (c)(2).
    (e) Definitions.--For purpose of this section:
        (1) The term ``significant change'' means, with respect to the 
    PAC-3/MEADS program, a change that would substantially alter the 
    role or contribution of that program in the Ballistic Missile 
    Defense System.
        (2) The term ``baseline technical specifications'' means, with 
    respect to the PAC-3/MEADS program, those technical specifications 
    for that program that have been approved by the configuration 
    control board of the Missile Defense Agency and are in effect as of 
    the date of the review.
        (3) The term ``baseline schedule'' means, with respect to the 
    PAC-3/MEADS program, the development and production schedule for 
    the PAC-3/MEADS program in effect at the time of a review of such 
    program conducted pursuant to subsection (b) or (c)(2)(B).

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

    Section 232(g) of the National Defense Authorization Act for Fiscal 
Year 2002 (10 U.S.C. 2431 note) is amended to read as follows:
    ``(g) Comptroller General Assessment.--(1) At the conclusion of 
each of fiscal years 2002 through 2006, the Comptroller General of the 
United States shall carry out an assessment of the extent to which the 
Missile Defense Agency achieved the goals established under subsection 
(c) for that fiscal year for each ballistic missile defense program of 
the Department of Defense.
    ``(2) Not later than February 15 of each of 2003 through 2007, the 
Comptroller General shall submit to the congressional defense 
committees a report on the Comptroller General's assessment under 
paragraph (1) with respect to the preceding fiscal 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 CONGRESS 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 Congress.--It is the sense of Congress--
        (1) that Congress--
            (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.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.

                  Subtitle B--Environmental Provisions

Sec. 311. Satisfaction of Superfund audit requirements by Inspector 
          General of the Department of Defense.
Sec. 312. Reimbursement of Environmental Protection Agency for certain 
          costs in connection with Moses Lake Wellfield Superfund Site, 
          Moses Lake, Washington.
Sec. 313. Increase in authorized amount of environmental remediation, 
          Front Royal, Virginia.
Sec. 314. Small boat harbor, Unalaska, Alaska.
Sec. 315. Report regarding encroachment issues affecting Utah Test and 
          Training Range, Utah.
Sec. 316. Comptroller General study and report on alternative 
          technologies to decontaminate groundwater at Department of 
          Defense installations.
Sec. 317. Comptroller General study and report on drinking water 
          contamination and related health effects at Camp Lejeune, 
          North Carolina.
Sec. 318. Sense of Congress regarding perchlorate contamination of 
          ground and surface water from Department of Defense 
          activities.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Simplification of annual reporting requirements concerning 
          funds expended for depot maintenance and repair workloads.
Sec. 322. Repeal of annual reporting requirement concerning management 
          of depot employees.
Sec. 323. Extension of special treatment for certain expenditures 
          incurred in operation of Centers of Industrial and Technical 
          Excellence.
Sec. 324. Temporary authority for contractor performance of security-
          guard functions.
Sec. 325. Pilot program for purchase of certain municipal services for 
          Army installations.
Sec. 326. Bid protests by Federal employees in actions under Office of 
          Management and Budget Circular A-76.
Sec. 327. Limitations on conversion of work performed by Department of 
          Defense civilian employees to contractor performance.
Sec. 328. Competitive sourcing reporting requirement.

                   Subtitle D--Information Technology

Sec. 331. Preparation of Department of Defense plan for transition to 
          Internet Protocol version 6.
Sec. 332. Defense business enterprise architecture, system 
          accountability, and conditions for obligation of funds for 
          defense business system modernization.
Sec. 333. Report on maturity and effectiveness of the Global Information 
          Grid Bandwidth Expansion (GIG-BE).

              Subtitle E--Extensions of Program Authorities

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

                        Subtitle F--Other Matters

Sec. 351. Reimbursement for certain protective, safety, or health 
          equipment purchased by or for members of the Armed Forces 
          deployed in contingency operations.
Sec. 352. Limitation on preparation or implementation of Mid-Range 
          Financial Improvement Plan pending report.
Sec. 353. Pilot program to authorize Army working-capital funded 
          facilities to engage in cooperative activities with non-Army 
          entities.
Sec. 354. Transfer of excess Department of Defense personal property to 
          assist firefighting agencies.

              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, $26,098,411,000.
        (2) For the Navy, $29,682,590,000.
        (3) For the Marine Corps, $3,648,115,000.
        (4) For the Air Force, $28,298,660,000.
        (5) For Defense-wide activities, $17,325,276,000.
        (6) For the Army Reserve, $2,008,128,000.
        (7) For the Naval Reserve, $1,240,038,000.
        (8) For the Marine Corps Reserve, $188,696,000
        (9) For the Air Force Reserve, $2,239,790,000
        (10) For the Army National Guard, $4,452,786,000.
        (11) For the Air National Guard, $4,503,338,000.
        (12) For the United States Court of Appeals for the Armed 
    Forces, $10,825,000.
        (13) For Environmental Restoration, Army, $400,948,000.
        (14) For Environmental Restoration, Navy, $266,820,000.
        (15) For Environmental Restoration, Air Force, $397,368,000.
        (16) For Environmental Restoration, Defense-wide, $23,684,000
        (17) For Environmental Restoration, Formerly Used Defense 
    Sites, $256,516,000.
        (18) For Overseas Humanitarian, Disaster, and Civic Aid 
    programs, $59,000,000.
        (19) For Cooperative Threat Reduction programs, $409,200,000.
        (20) For the Overseas Contingency Operations Transfer Fund, 
    $10,000,000.

SEC. 302. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2005 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
        (1) For the Defense Working Capital Funds, $451,886,000.
        (2) For the National Defense Sealift Fund, $1,269,252,000.
        (3) For the Defense Working Capital Fund, Defense Commissary, 
    $1,175,000,000.

SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

    (a) Defense Health Program.--Funds are hereby authorized to be 
appropriated for the Department of Defense for fiscal year 2005 for 
expenses, not otherwise provided for, for the Defense Health Program, 
in the amount of $17,657,386,000, of which--
        (1) $17,219,844,000 is for Operation and Maintenance;
        (2) $72,907,000 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, in the amount of 
$1,371,990,000, of which--
        (A) $1,088,801,000 is for Operation and Maintenance;
        (B) $204,209,000 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, in the 
amount of $852,947,000.
    (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, in the amount of $204,562,000, of 
which--
        (1) $202,362,000 is for Operation and Maintenance;
        (2) $2,100,000 is for Procurement; and
        (3) $100,000 is for Research, Development, Test, and 
    Evaluation.

                  Subtitle B--Environmental Provisions

SEC. 311. SATISFACTION OF SUPERFUND AUDIT REQUIREMENTS BY 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 section 111(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(k)) 
if the Inspector General conducts periodic audits of the payments, 
obligations, reimbursements, and other uses of the Hazardous Substance 
Superfund by the Department of Defense, 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. 312. 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. 313. 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. 314. SMALL BOAT HARBOR, UNALASKA, ALASKA.

    The Secretary of the Army shall carry out the small boat harbor 
project in Unalaska, Alaska, at a total estimated cost of $23,200,000, 
with an estimated Federal cost of $11,500,000 and an estimated non-
Federal cost of $11,700,000, substantially in accordance with the 
plans, and subject to the conditions, recommended in a final report of 
the Chief of Engineers if a favorable final report of the Chief for the 
project is completed not later than December 31, 2004.

SEC. 315. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH TEST AND 
              TRAINING RANGE, UTAH.

    (a) Report Required.--The Secretary of the Air Force shall prepare 
a report that outlines current and anticipated encroachments on the use 
and utility of the special use airspace of the Utah Test and Training 
Range in the State of Utah, including encroachments brought about 
through actions of other Federal agencies. The Secretary shall include 
in the report such recommendations as the Secretary considers 
appropriate regarding any legislative initiatives necessary to address 
encroachment problems identified by the Secretary in the report.
    (b) Submission of Report.--Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit the report to 
the Committee on Armed Services of the House of Representatives and the 
Committee on Armed Services of the Senate. It is the sense of Congress 
that the recommendations contained in the report should be carefully 
considered for future legislative action.
    (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.

SEC. 316. COMPTROLLER GENERAL STUDY AND REPORT ON ALTERNATIVE 
              TECHNOLOGIES TO DECONTAMINATE GROUNDWATER AT DEPARTMENT 
              OF DEFENSE INSTALLATIONS.

    (a) Comptroller General Study.--The Comptroller General shall 
conduct a study to determine whether 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, used to respond to groundwater 
contamination.
    (b) Elements of Study.--In conducting the study under subsection 
(a), the Comptroller General shall--
        (1) identify current technologies being used or field tested by 
    the Department of Defense to treat groundwater at Department 
    installations;
        (2) identify cost-effective technologies for the cleanup of 
    groundwater contamination that--
            (A) are being researched, are under development by 
        commercial vendors, or are available commercially and being 
        used outside the Department; and
            (B) have potential for use by the Department to address 
        groundwater contamination;
        (3) evaluate the potential benefits and limitations of using 
    the technologies identified under paragraphs (1) and (2); and
        (4) consider the barriers, such as cost, capability, or legal 
    restrictions, to using the technologies identified under paragraph 
    (2).
    (c) Report Required.--Not later than April 1, 2005, the Comptroller 
General shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives a 
report containing the results of the study, including information 
regarding the matters specified in subsection (b) and any 
recommendations, including recommendations for administrative or 
legislative action, that the Comptroller General considers appropriate.

SEC. 317. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING WATER 
              CONTAMINATION AND RELATED HEALTH EFFECTS AT CAMP LEJEUNE, 
              NORTH CAROLINA.

    (a) Study.--The Comptroller General 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; and
            (C) what actions have been taken to address such 
        contamination.
        (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 of the Department of Health and Human Services, 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)(2) that the Comptroller General conduct an assessment of 
the study proposed by the Agency for Toxic Substances and Disease 
Registry, as described in such subsection, may not be construed as a 
basis for the delay of that study. The assessment 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. 318. SENSE OF CONGRESS REGARDING PERCHLORATE CONTAMINATION OF 
              GROUND AND SURFACE WATER FROM DEPARTMENT OF DEFENSE 
              ACTIVITIES.

    It is the sense of Congress that the Secretary of Defense should--
        (1) develop a plan for the remediation of perchlorate 
    contamination resulting from the activities of the Department of 
    Defense to ensure that the Department is prepared to respond 
    quickly and appropriately once the United States establishes a 
    drinking water standard for perchlorate;
        (2) continue remediation activities for perchlorate 
    contamination at those sites where perchlorate contamination poses 
    an imminent and substantial endangerment to public health and 
    welfare and where the Department is undertaking site-specific 
    remedial action as of the date of the enactment of this Act;
        (3) develop a plan for the remediation of perchlorate 
    contamination resulting from the activities of the Department of 
    Defense in cases in which, notwithstanding the lack of a drinking 
    water standard for perchlorate, such contamination is present in 
    ground or surface water at levels that the Secretary of Defense 
    determines pose a hazard to human health; and
        (4) continue the process of evaluating and prioritizing 
    perchlorate contamination sites without waiting for the 
    establishment of the Federal drinking water standard for 
    perchlorate.

                 Subtitle C--Workplace and Depot Issues

SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING 
              FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR 
              WORKLOADS.

    Subsection (d) of section 2466 of title 10, United States Code, is 
amended to read as follows:
    ``(d) Annual Report and Review.--(1) Not later than April 1 of each 
year, the Secretary of Defense shall submit to Congress a report 
identifying, for each of the armed forces (other than the Coast Guard) 
and each Defense Agency, the percentage of the funds referred to in 
subsection (a) that was expended during the preceding fiscal year, and 
are projected to be expended during the current fiscal year and the 
ensuing fiscal year, for performance of depot-level maintenance and 
repair workloads by the public and private sectors.
    ``(2) Not later than 90 days after the date on which the Secretary 
submits a report under paragraph (1), the Comptroller General shall 
submit to Congress the Comptroller General's views on whether--
        ``(A) the Department of Defense complied with the requirements 
    of subsection (a) during the preceding fiscal year covered by the 
    report; and
        ``(B) the expenditure projections for the current fiscal year 
    and the ensuing fiscal year are reasonable.''.

SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING MANAGEMENT 
              OF DEPOT EMPLOYEES.

    (a) Repeal.--Section 2472 of title 10, United States Code, is 
amended--
        (1) by striking ``(a) Prohibition on Management by End 
    Strength.--''; and
        (2) by striking subsection (b).
    (b) Clerical Amendments.--(1) The heading of such section is 
amended to read as follows:

``Sec. 2472. Prohibition on management of depot employees by end 
            strength''.

    (2) The table of sections at the beginning of chapter 146 of such 
title is amended by striking the item relating to section 2472 and 
inserting the following new item:

``2472. Prohibition on management of depot employees by end strength.''.

SEC. 323. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN EXPENDITURES 
              INCURRED IN 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''.

SEC. 324. 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 of the subsection and 
    inserting the following: ``at the end of September 30, 2006, except 
    that such authority shall not be in effect after December 1, 2005, 
    if the Secretary fails to submit to Congress the plan required by 
    subsection (d)(4), until the date on which the Secretary submits 
    the plan.
    ``(2) No security-guard functions may be performed under any 
contract entered into using the authority provided under this section 
during any period in which the authority for contractor performance of 
security-guard functions under this section is not in effect under 
paragraph (1). The term of any contract entered into using such 
authority may not extend beyond September 30, 2006.''.
    (b) Reaffirmation and Revision of Reporting Requirement.--
Subsection (d) of such section is amended to read as follows:
    ``(d) Report and Plan Required.--Not later than December 1, 2005, 
the Secretary of Defense shall submit to the congressional defense 
committees a report that--
        ``(1) identifies each contract for the performance of security-
    guard functions entered into on or before September 30, 2004, 
    pursuant to the authority provided by subsection (a), 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;
            ``(D) whether the contract was awarded pursuant to full and 
        open competition; and
            ``(E) 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;
        ``(2) identifies, for each military installation at which such 
    authority was used or is expected to be used, any requirements for 
    the performance of security-guard functions described in subsection 
    (a) that are expected to continue after the date on which such 
    authority expires;
        ``(3) identifies 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
        ``(4) includes a plan for meeting such requirements, in a 
    manner consistent with applicable law, on a long-term basis.''.

SEC. 325. PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR 
              ARMY INSTALLATIONS.

    (a) Pilot Program Authorized.--The Secretary of Army may carry out 
a pilot program to procure one or more of the municipal services 
specified in subsection (b) for an Army installation from a county or 
municipality in which the installation is located for the purpose of 
evaluating the efficacy of procuring such services rather than 
providing them directly.
    (b) Services Authorized for Procurement.--Only the following 
services may be procured for a military installation participating in 
the pilot program:
        (1) Refuse collection.
        (2) Refuse disposal.
        (3) Library services.
        (4) Recreation services.
        (5) Facility maintenance and repair.
        (6) Utilities.
    (c) Participating Installations.--Not more than two Army 
installations may be selected to participate in the pilot program, and 
only installations located in the United States are eligible for 
selection.
    (d) Congressional Notification.--The Secretary may not enter into a 
contract under the pilot program for the procurement of municipal 
services until the Secretary notifies the congressional defense 
committees of the proposed contract and a period of 14 days elapses 
from the date the notification is received by the committees.
    (e) Implementation Report.--(1) Not later than February 1, 2007, 
the Secretary shall submit to the congressional defense committees and 
the Comptroller General a report describing the implementation of the 
pilot program, evaluating the efficacy of procuring municipal services 
for participating installations from local counties or municipalities, 
and containing any recommendations that the Secretary considers 
appropriate regarding expansion or alteration of the program.
    (2) The Comptroller General shall submit to the congressional 
defense committees an assessment of the findings and recommendations 
contained in the report submitted under paragraph (1).
    (f) Termination of Pilot Program.--The pilot program shall 
terminate on September 30, 2010. Any contract entered into under the 
pilot program shall terminate not later than that date.

SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF 
              MANAGEMENT AND BUDGET CIRCULAR A-76.

    (a) Treatment of Agency Tender Official as Interested Party.--
Section 3551(2) of title 31, United States Code, is amended--
        (1) by inserting ``(A)'' after ``(2)''; and
        (2) by adding at the end the following new subparagraph:
        ``(B) The term includes the official responsible for submitting 
    the Federal agency tender in a public-private competition conducted 
    under Office of Management and Budget Circular A-76 regarding an 
    activity or function of a Federal agency performed by more than 65 
    full-time equivalent employees of the Federal agency.''.
    (b) Filing of Protest on Behalf of Federal Employees.--Section 3552 
of such title is amended--
        (1) by inserting ``(a)'' before ``A protest''; and
        (2) by adding at the end the following new subsection:
    ``(b)(1) In the case of an agency tender official who is an 
interested party under section 3551(2)(B) of this title, the official 
may file a protest in connection with the public-private competition 
for which the official is an interested party. At the request of a 
majority of the employees of the Federal agency who are engaged in the 
performance of the activity or function subject to such public-private 
competition, the official shall file a protest in connection with such 
public-private competition unless the official determines that there is 
no reasonable basis for the protest.
    ``(2) The determination of an agency tender official under 
paragraph (1) whether or not to file a protest is not subject to 
administrative or judicial review. An agency tender official shall 
provide written notification to Congress whenever the official makes a 
determination under paragraph (1) that there is no reasonable basis for 
a protest.''.
    (c) Intervention in Protest.--Section 3553 of such title is amended 
by adding at the end the following new subsection:
    ``(g) If an interested party files a protest in connection with a 
public-private competition described in section 3551(2)(B) of this 
title, a person representing a majority of the employees of the Federal 
agency who are engaged in the performance of the activity or function 
subject to the public-private competition may intervene in protest.''.
    (d) Applicability.--The amendments made by this section shall apply 
to protests filed under subchapter V of chapter 35 of title 31, United 
States Code, that relate to studies initiated under Office of 
Management and Budget Circular A-76 on or after the end of the 90-day 
period beginning on the date of the enactment of this Act.
    (e) Rule of Construction.--The amendments made by this section 
shall not be construed to authorize the use of a protest under 
subchapter V of chapter 35 of title 31, United States Code, with regard 
to a decision made by an agency tender official.

SEC. 327. LIMITATIONS ON CONVERSION OF WORK PERFORMED BY DEPARTMENT OF 
              DEFENSE CIVILIAN EMPLOYEES TO CONTRACTOR PERFORMANCE.

    (a) Required Cost-Savings Threshold for Conversion.--If a public-
private competition conducted under the Office of Management and Budget 
Circular A-76 dated May 29, 2003 (68 Fed. Reg. 32134), regarding an 
activity or function performed by civilian employees of the Department 
of Defense is required to include a formal comparison of the cost of 
civilian employee performance of the activity or function with the cost 
of contractor performance, the Secretary of Defense shall maintain the 
continued performance of the activity or function by civilian employees 
unless the competitive sourcing official 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 
the following:
        (1) $10,000,000.
        (2) 10 percent of the most efficient organization's personnel-
    related costs for performance of the activity or function by 
    civilian employees.
    (b) Prohibition on Modification of Functions to Permit Streamlined 
A-76 Study.--The Secretary of Defense shall ensure that no 
organization, function, or activity of the Department of Defense is 
consolidated, restructured, reengineered, or otherwise modified in any 
way for the purpose of exempting any public-private competition 
conducted under the Office of Management and Budget Circular A-76 dated 
May 29, 2003 (68 Fed. Reg. 32134), regarding a commercial or industrial 
type function of the Department of Defense from the requirement to 
formally compare, in accordance with such Circular, the cost of 
civilian employee performance of the function with the cost of 
contractor performance.
    (c) Exception.--Subsection (a) does not apply in the case of a 
public-private competition conducted as part of the best-value source 
selection pilot program authorized by section 336 of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 
U.S.C. 2461 note).

SEC. 328. 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 D--Information Technology

SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR TRANSITION TO 
              INTERNET PROTOCOL VERSION 6.

    (a) Transition Plan Required.--The Secretary of Defense shall 
prepare a plan detailing the Department of Defense strategy to provide 
for the transition of the Department's information technology systems 
to Internet Protocol version 6 from the present use of Internet 
Protocol version 4 and other network protocols. In preparing the 
transition plan, the Secretary shall compare private industry plans for 
the transition to Internet Protocol version 6.
    (b) Elements of Plan.--The transition plan required by subsection 
(a) shall include the following:
        (1) An outline of the networking and security system equipment 
    that will need to be replaced in the transition, including the 
    timing and costs of such replacement.
        (2) An assessment of how the current and new networks and 
    security systems will be managed.
        (3) An assessment of the potential impact of the transition, 
    including an overall cost estimate for the transition and an 
    estimate of the costs to be incurred by each of the military 
    departments and the Defense Agencies.
        (4) Any measures proposed to alleviate any adverse effects of 
    the transition.
    (c) Testing and Evaluation for Internet Protocol.--To determine 
whether a change to the use of Internet Protocol version 6 will support 
Department of Defense requirements, the Secretary of Defense shall 
provide for rigorous, real-world, end-to-end testing of Internet 
Protocol version 6, as proposed for use by the Department, to evaluate 
the following:
        (1) The ability of Internet Protocol version 6, with its ``best 
    effort'' quality of service, to satisfactory support the 
    Department's multiple applications and other information technology 
    systems, including the use of Internet Protocol version 6 over 
    bandwidth-constrained tactical circuits.
        (2) The ability of the Department's networks using Internet 
    Protocol version 6 to respond to, and perform under, heavy loading 
    of the core networks.
    (d) Reports on Plan and Test Results.--(1) Not later than March 31, 
2005, the Secretary of Defense shall submit to the congressional 
defense committees a report containing the transition plan prepared 
under subsection (a).
    (2) Not later than September 30, 2005, the Director of Operational 
Test and Evaluation shall submit to the congressional defense 
committees a report containing an update on the continuing test program 
and any test results.

SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, SYSTEM 
              ACCOUNTABILITY, AND CONDITIONS FOR OBLIGATION OF FUNDS 
              FOR DEFENSE BUSINESS SYSTEM MODERNIZATION.

    (a) In General.--(1) Chapter 131 of title 10, United States Code, 
is amended by inserting before section 2223 the following new section:

``Sec. 2222. Defense business systems: architecture, accountability, 
            and modernization

    ``(a) Conditions for Obligation of Funds for Defense Business 
System Modernization.--Effective October 1, 2005, funds appropriated to 
the Department of Defense may not be obligated for a defense business 
system modernization that will have a total cost in excess of 
$1,000,000 unless--
        ``(1) the approval authority designated for the defense 
    business system certifies to the Defense Business Systems 
    Management Committee established by section 186 of this title that 
    the defense business system modernization--
            ``(A) is in compliance with the enterprise architecture 
        developed under subsection (c);
            ``(B) is necessary to achieve a critical national security 
        capability or address a critical requirement in an area such as 
        safety or security; or
            ``(C) is necessary to 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; and
        ``(2) the certification by the approval authority is approved 
    by the Defense Business Systems Management Committee.
    ``(b) Obligation of Funds in Violation of Requirements.--The 
obligation of Department of Defense funds for a business system 
modernization in excess of the amount specified in subsection (a) that 
has not been certified and approved in accordance with such subsection 
is a violation of section 1341(a)(1)(A) of title 31.
    ``(c) Enterprise Architecture for Defense Business Systems.--Not 
later than September 30, 2005, the Secretary of Defense, acting through 
the Defense Business Systems Management Committee, shall develop--
        ``(1) an enterprise architecture to cover all defense business 
    systems, and the functions and activities supported by defense 
    business systems, which shall be sufficiently defined to 
    effectively guide, constrain, and permit implementation of 
    interoperable defense business system solutions and consistent with 
    the policies and procedures established by the Director of the 
    Office of Management and Budget, and
        ``(2) a transition plan for implementing the enterprise 
    architecture for defense business systems.
    ``(d) Composition of Enterprise Architecture.--The defense business 
enterprise architecture developed under subsection (c)(1) 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.
    ``(e) Composition of Transition Plan.--(1) The transition plan 
developed under subsection (c)(2) 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.
    ``(f) Approval Authorities and Accountability for Defense Business 
Systems.--The Secretary of Defense shall delegate responsibility for 
review, approval, and oversight of the planning, design, acquisition, 
deployment, operation, maintenance, and modernization of defense 
business systems as follows:
        ``(1) The Under Secretary of Defense for Acquisition, 
    Technology and Logistics shall be responsible and accountable for 
    any defense business system the primary purpose of which is to 
    support acquisition activities, logistics activities, or 
    installations and environment activities of the Department of 
    Defense.
        ``(2) The Under Secretary of Defense (Comptroller) shall be 
    responsible and accountable for any defense business system the 
    primary purpose of which is to support financial management 
    activities or strategic planning and budgeting activities of the 
    Department of Defense.
        ``(3) The Under Secretary of Defense for Personnel and 
    Readiness shall be responsible and accountable for any defense 
    business system the primary purpose of which is to support human 
    resource management activities of the Department of Defense.
        ``(4) The Assistant Secretary of Defense for Networks and 
    Information Integration and the Chief Information Officer of the 
    Department of Defense shall be responsible and accountable for any 
    defense business system the primary purpose of which is to support 
    information technology infrastructure or information assurance 
    activities of the Department of Defense.
        ``(5) The Deputy Secretary of Defense or an Under Secretary of 
    Defense, as designated by the Secretary of Defense, shall be 
    responsible for any defense business system the primary purpose of 
    which is to support any activity of the Department of Defense not 
    covered by paragraphs (1) through (4).
    ``(g) Defense Business System Investment Review.--(1) The Secretary 
of Defense shall require each approval authority designated under 
subsection (f) to establish, not later than March 15, 2005, an 
investment review process, consistent with section 11312 of title 40, 
to review the planning, design, acquisition, development, deployment, 
operation, maintenance, modernization, and project cost benefits and 
risks of all defense business systems for which the approval authority 
is responsible. The investment review process so established shall 
specifically address the responsibilities of approval authorities under 
subsection (a).
    ``(2) The review of defense business systems under the investment 
review process shall include the following:
        ``(A) Review and approval by an investment review board of each 
    defense business system as an investment before the obligation of 
    funds on the system.
        ``(B) Periodic review, but not less than annually, of every 
    defense business system investment.
        ``(C) Representation on each investment review board by 
    appropriate officials from among the armed forces, combatant 
    commands, the Joint Chiefs of Staff, and Defense Agencies.
        ``(D) Use of threshold criteria to ensure an appropriate level 
    of review within the Department of Defense of, and accountability 
    for, defense business system investments depending on scope, 
    complexity, and cost.
        ``(E) Use of procedures for making certifications in accordance 
    with the requirements of subsection (a).
        ``(F) Use of procedures for ensuring consistency with the 
    guidance issued by the Secretary of Defense and the Defense 
    Business Systems Management Committee, as required by section 
    186(c) of this title, and incorporation of common decision 
    criteria, including standards, requirements, and priorities that 
    result in the integration of defense business systems.
    ``(h) Budget Information.--In the materials that the Secretary 
submits to Congress in support of the budget submitted to Congress 
under section 1105 of title 31 for fiscal year 2006 and fiscal years 
thereafter, the Secretary of Defense shall include 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 (f).
        ``(4) For each such system, a description of each certification 
    made under subsection (d) with regard to such system.
    ``(i) Congressional Reports.--Not later than March 15 of each year 
from 2005 through 2009, the Secretary of Defense shall submit to the 
congressional defense committees a report on Department of Defense 
compliance with the requirements of this section. The first report 
shall define plans and commitments for meeting the requirements of 
subsection (a), including specific milestones and performance measures. 
Subsequent reports shall--
        ``(1) describe actions taken and planned for meeting the 
    requirements of subsection (a), including--
            ``(A) specific milestones and actual performance against 
        specified performance measures, and any revision of such 
        milestones and performance measures; and
            ``(B) specific actions on the defense business system 
        modernizations submitted for certification under such 
        subsection;
        ``(2) identify the number of defense business system 
    modernizations so certified;
        ``(3) identify any defense business system modernization with 
    an obligation in excess of $1,000,000 during the preceding fiscal 
    year that was not certified under subsection (a), and the reasons 
    for the waiver; and
        ``(4) discuss specific improvements in business operations and 
    cost savings resulting from successful defense business systems 
    modernization efforts.
    ``(j) Definitions.--In this section:
        ``(1) The term `approval authority', with respect to a defense 
    business system, means the Department of Defense official 
    responsible for the defense business system, as designated by 
    subsection (f).
        ``(2) The term `defense business system' means an information 
    system, other than a national security system, operated by, for, or 
    on behalf of the Department of Defense, including financial 
    systems, mixed systems, financial data feeder systems, and 
    information technology and information assurance infrastructure, 
    used to support business activities, such as acquisition, financial 
    management, logistics, strategic planning and budgeting, 
    installations and environment, and human resource management.
        ``(3) The term `defense business system modernization' means--
            ``(A) the acquisition or development of a new defense 
        business system; or
            ``(B) any significant modification or enhancement of an 
        existing defense business system (other than necessary to 
        maintain current services).
        ``(4) The term `enterprise architecture' has the meaning given 
    that term in section 3601(4) of title 44.
        ``(5) The terms `information system' and `information 
    technology' have the meanings given those terms in section 11101 of 
    title 40.
        ``(6) The term `national security system' has the meaning given 
    that term in section 2315 of this title.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting before the item relating to section 2223 the 
following new item:

``2222. Defense business systems: architecture, accountability, and 
          modernization.''.

    (b) Defense Business System Management Committee.--(1) Chapter 7 of 
such title is amended by adding at the end the following new section:

``Sec. 186. Defense Business System Management Committee

    ``(a) Establishment.--The Secretary of Defense shall establish a 
Defense Business Systems Management Committee, to be composed of the 
following persons:
        ``(1) The Deputy Secretary of Defense.
        ``(2) The Under Secretary of Defense for Acquisition, 
    Logistics, and Technology.
        ``(3) The Under Secretary of Defense for Personnel and 
    Readiness.
        ``(4) The Under Secretary of Defense (Comptroller).
        ``(5) The Assistant Secretary of Defense for Networks and 
    Information Integration.
        ``(6) The Secretaries of the military departments and the heads 
    of the Defense Agencies.
        ``(7) Such additional personnel of the Department of Defense 
    (including personnel assigned to the Joint Chiefs of Staff and 
    combatant commands) as are designated by the Secretary of Defense.
    ``(b) Chairman and Vice Chairman.--The Deputy Secretary of Defense 
shall serve as the chairman of the Committee. The Secretary of Defense 
shall designate one of the officials specified in paragraphs (2) 
through (5) of subsection (a) as the vice chairman of the Committee, 
who shall act as chairman in the absence of the Deputy Secretary of 
Defense.
    ``(c) Duties.--(1) In addition to any other matters assigned to the 
Committee by the Secretary of Defense, the Committee shall--
        ``(A) recommend to the Secretary of Defense policies and 
    procedures necessary to effectively integrate the requirements of 
    section 2222 of this title into all business activities and any 
    transformation, reform, reorganization, or process improvement 
    initiatives undertaken within the Department of Defense;
        ``(B) review and approve any major update of the defense 
    business enterprise architecture developed under subsection (b) of 
    section 2222 of this title, including evolving the architecture, 
    and of defense business systems modernization plans; and
        ``(C) manage cross-domain integration consistent with such 
    enterprise architecture.
    ``(2) The Committee shall be responsible for coordinating defense 
business system modernization initiatives to maximize benefits and 
minimize costs for the Department of Defense and periodically report to 
the Secretary on the status of defense business system modernization 
efforts.
    ``(3) The Committee shall ensure that funds are obligated for 
defense business system modernization in a manner consistent with 
section 2222 of this title.
    ``(c) Definitions.--In this section, the terms `defense business 
system' and `defense business system modernization' have the meanings 
given such terms in section 2222 of this title.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``186. Defense Business System Management Committee.''.

    (c) Implementation Requirements.--Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense shall--
        (1) complete the delegation of responsibility for the review, 
    approval, and oversight of the planning, design, acquisition, 
    deployment, operation, maintenance, and modernization of defense 
    business systems required by subsection (f) of section 2222 of 
    title 10, United States Code, as added by subsection (a)(1); and
        (2) designate a vice chairman of the Defense Business System 
    Management Committee, as required by subsection (b) of section 186 
    of such title, as added by subsection (b)(1).
    (d) 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 
section 2222 of title 10, United States Code, as added by subsection 
(a)(1), and again each year not later than 60 days after the submission 
of the annual report required under subsection (i), 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 such section.
    (e) Relation to Annual Registration Requirements.--Nothing in 
sections 186 and 2222 of title 10, United States Code, as added by this 
section, shall be construed to alter the requirements of section 8083 
of the Department of Defense Appropriations Act, 2005 (Public Law 108-
287; 118 Stat. 989), with regard to information technology systems (as 
defined in subsection (d) of such section).
    (f) Repeal of Obsolete Financial Management Enterprise Architecture 
Requirements.--Section 1004 of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 
113 note) is repealed.

SEC. 333. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL 
              INFORMATION GRID BANDWIDTH EXPANSION (GIG-BE).

    (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 
congressional defense committees a report on a test program to 
demonstrate the maturity and effectiveness of the Global Information 
Grid-Bandwidth Expansion (hereinafter in this section referred to as 
``GIG-BE'').
    (b) Content of Report.--In the report under subsection (a), the 
Secretary of Defense shall include the following:
        (1) The Secretary's determination as to 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) Identification of--
            (A) the extent to which the GIG-BE architecture does not 
        meet the overall goals of the GIG-BE program; and
            (B) the components of that architecture that are not yet 
        sufficiently developed to achieve the overall goals of that 
        program.
        (3) A plan for achieving compliance referred to in paragraph 
    (1), together with cost estimates for carrying out that plan.
        (4) Documentation of the equipment and network configuration 
    used in the test program to demonstrate real-world scenarios for 
    the operation of the GIG-BE within the continental United States.

             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. 1448) is amended by striking 
``September 30, 2004'' and inserting ``September 30, 2006''.

SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

    (a) Duration of Program.--Subsection (a) of section 343 of the 
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 
(as enacted into law by Public Law 106-398; 10 U.S.C. 4551 note) is 
amended by striking ``2004'' and inserting ``2008''.
    (b) Additional Report Required.--Subsection (g) of such section is 
amended--
        (1) in paragraph (1), by striking ``2004'' and inserting 
    ``2008''; and
        (2) in paragraph (2), by striking ``2003'' and inserting 
    ``2007''.

SEC. 343. TWO-YEAR EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.

    Section 391 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note) is amended--
        (1) in subsection (f), by striking ``September 30, 2004'' and 
    inserting ``September 30, 2006''; and
        (2) by adding at the end the following new subsection:
    ``(g) Reporting Requirement.--Not later than February 1, 2006, the 
Secretary of Defense shall submit to Congress a report on the pilot 
program, including--
        ``(1) a description of the extent to which commercial firms 
    have been used to provide the services specified in subsection (b) 
    and the type of services procured;
        ``(2) a description of any problems that have limited the 
    ability of the Secretary to utilize the pilot program to procure 
    such services; and
        ``(3) the recommendation of the Secretary regarding whether the 
    pilot program should be made permanent or extended beyond September 
    30, 2006.''.

                       Subtitle F--Other Matters

SEC. 351. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR HEALTH 
              EQUIPMENT PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES 
              DEPLOYED IN CONTINGENCY OPERATIONS.

    (a) Reimbursement Required.--The Secretary of Defense shall 
reimburse a member of the Armed Forces for the cost (including any 
shipping cost) of any protective, safety, or health equipment that was 
purchased by the member or by another person on behalf of the member 
for the personal use of the member in anticipation of, or during, the 
deployment of the member in connection with Operation Noble Eagle, 
Operation Enduring Freedom, or Operation Iraqi Freedom, but only if--
        (1) the Secretary of Defense certifies that the protective, 
    safety, or health equipment was critical to the protection, safety, 
    or health of the member;
        (2) the member was not issued the protective, safety, or health 
    equipment before the member became engaged in operations in areas 
    or situations described in section 310(a)(2) of title 37, United 
    States Code; and
        (3) the protective, safety, or health equipment was purchased 
    by the member during the period beginning on September 11, 2001, 
    and ending on July 31, 2004.
    (b) Amount of Reimbursement.--The amount of reimbursement provided 
under subsection (a) per item of protective, safety, or health 
equipment purchased by a member of the Armed Forces may not exceed 
$1,100.
    (c) Submission of Reimbursement Claims.--Claims for reimbursement 
for the cost of protective, safety, or health equipment purchased by a 
member of the Armed Forces shall be submitted to the Secretary of 
Defense under this section not later than one year after the date on 
which the implementing rules required by subsection (d) take effect.
    (d) Rulemaking.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall issue rules to 
expedite the provision of reimbursement under subsection (a). In 
conducting such rulemaking, the Secretary shall address the 
circumstances under which the United States will assume title or 
ownership of any protective, safety, or health equipment for which 
reimbursement is made.

SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF MID-RANGE 
              FINANCIAL IMPROVEMENT PLAN PENDING REPORT.

    Amounts authorized to be appropriated to the Department of Defense 
for fiscal year 2005 for operation and maintenance may not be obligated 
for the purpose of preparing or implementing the Mid-Range Financial 
Improvement Plan until the Secretary of Defense submits to the 
congressional defense committees a report containing the following:
        (1) A determination that the enterprise architecture for 
    defense business systems and the transition plan for implementing 
    the enterprise architecture have been developed, as required by 
    subsection (c) of section 2222 of title 10, United States Code, as 
    added by section 332(a).
        (2) An explanation of the manner in which the operation and 
    maintenance funds will be used for each of the military departments 
    and the Defense Agencies to prepare or implement the Mid-Range 
    Financial Improvement Plan during that fiscal year.
        (3) An estimate of the costs for future fiscal years for each 
    of the military departments and the Defense Agencies to prepare and 
    implement the Mid-Range Financial Improvement Plan.

SEC. 353. PILOT PROGRAM TO AUTHORIZE ARMY WORKING-CAPITAL FUNDED 
              FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-
              ARMY ENTITIES.

    (a) Cooperative Arrangements 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: cooperative activities with 
            non-Army entities

    ``(a) Cooperative Arrangements Authorized.--A working-capital 
funded Army industrial facility may enter into a contract or other 
cooperative arrangement with a non-Army entity to carry out with the 
non-Army entity a military or commercial project described in 
subsection (b), subject to the conditions prescribed in subsection (c).
    ``(b) Authorized Activities.--A cooperative arrangement entered 
into by an Army industrial facility under subsection (a) 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 the Army.
        ``(2) The performance of work by a non-Army entity at the 
    facility.
        ``(3) The performance of work by the facility for a non-Army 
    entity.
        ``(4) The sharing of work by the facility and a non-Army 
    entity.
        ``(5) 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.
        ``(6) The preparation and submission of joint offers by the 
    facility and a non-Army entity for competitive procurements entered 
    into with Federal agency.
    ``(c) Conditions.--An activity authorized by subsection (b) may be 
carried out at an Army industrial facility under a cooperative 
arrangement entered into under subsection (a) 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) Maximized 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 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 United States to comply with quality, 
        schedule, or cost performance requirements in the contract to 
        carry out the activity.
    ``(d) Arangement Methods and Authorities.--To establish a 
cooperative arrangement under subsection (a) with a non-Army entity, 
the approval authority described in subsection (e) for an Army 
industrial facility may--
        ``(1) enter into a firm, fixed-price contract (or, if agreed to 
    by the non-Army entity, a cost reimbursement contract) for a sale 
    of articles or services or use of equipment or facilities;
        ``(2) enter into a multiyear contract for a period not to 
    exceed five years, unless a longer period is specifically 
    authorized by law;
        ``(3) charge the non-Army entity 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 the non-Army entity to use incremental funding 
    to pay for the articles, services, or use of equipment or 
    facilities; and
        ``(5) accept payment-in-kind.
    ``(e) Approval Authority.--The authority of an Army industrial 
facility to enter into a cooperative arrangement under subsection (a) 
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 an arrangement on a case-by-
case basis or a class basis.
    ``(f) 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 (e) 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.
    ``(g) Exclusion From Depot-Level Maintenance and Repair Percentage 
Limitation.--Amounts expended for the performance of a depot-level 
maintenance and repair workload by non-Federal Government 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 
cooperative arrangement entered into under subsection (a).
    ``(h) 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 cooperative arrangement entered 
    into under subsection (a); and
        ``(2) section 2667 of this title to leases of non-excess 
    property in the administration of such an arrangement.
    ``(i) 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) A Federal agency (other than the Department of the 
        Army).
            ``(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 a cooperative arrangement entered into 
    under subsection (a), 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.
    ``(j) Expiration of Authority.--The authority to enter into a 
cooperative arrangement under subsection (a) expires September 30, 
2009, and arrangements entered into under such subsection shall 
terminate not later than that date.''.
    (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: cooperative activities with non-Army 
          entities.''.

SEC. 354. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL PROPERTY TO 
              ASSIST FIREFIGHTING AGENCIES.

    Section 2576b of title 10, United States Code, is amended--
        (1) in subsection (a), by striking ``may'' and inserting 
    ``shall''; and
        (2) in subsection (b), by striking ``may'' and inserting 
    ``shall''.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps 
          active duty personnel end strengths for fiscal years 2005 
          through 2009.
Sec. 404. 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 limitation on number of non-dual status 
          technicians.
Sec. 415. Maximum number of Reserve personnel authorized to be on active 
          duty for operational support.
Sec. 416. Accounting and management of reserve component personnel 
          performing active duty or full-time National Guard duty for 
          operational support.

              Subtitle C--Authorizations of Appropriations

Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    (a) In General.--The Armed Forces are authorized strengths for 
active duty personnel as of September 30, 2005, as follows:
        (1) The Army, 502,400.
        (2) The Navy, 365,900.
        (3) The Marine Corps, 178,000.
        (4) The Air Force, 359,700.
    (b) Limitation.--(1) The authorized strength for the Army provided 
in paragraph (1) of subsection (a) for active duty personnel for fiscal 
year 2005 is subject to the condition that costs of active duty 
personnel of the Army for that fiscal year in excess of 482,400 shall 
be paid out of funds authorized to be appropriated for that fiscal year 
for a contingent emergency reserve fund or as an emergency supplemental 
appropriation.
    (2) The authorized strength for the Marine Corps provided in 
paragraph (3) of subsection (a) for active duty personnel for fiscal 
year 2005 is subject to the condition that costs of active duty 
personnel of the Marine Corps for that fiscal year in excess of 175,000 
shall be paid out of funds authorized to be appropriated for that 
fiscal year for a contingent emergency reserve fund or as an emergency 
supplemental appropriation.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
              LEVELS.

    Section 691(b) of title 10, United States Code, is amended by 
striking paragraphs (1) through (4) and inserting the following:
        ``(1) For the Army, 502,400.
        ``(2) For the Navy, 365,900.
        ``(3) For the Marine Corps, 178,000.
        ``(4) For the Air Force, 359,700.''.

SEC. 403. 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, and by up to 9,000 the end strength 
authorized for the Marine Corps, above the levels authorized for those 
services in the National Defense Authorization Act for Fiscal Year 
2004, as necessary--
            (1) to support the operational mission of the Army and 
        Marine Corps in Iraq and Afghanistan; and
            (2) with respect to end strengths for the Army, 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.--(1) If the Secretary of Defense plans to 
increase the Army or Marine Corps 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 and the Marine Corps in excess of 175,000 (the end 
strengths authorized for active duty personnel of the Army and Marine 
Corps, respectively, for fiscal year 2004 in paragraphs (1) and (3) of 
section 401 of the National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108-136; 117 Stat. 1450)).
    (2) If the amount proposed for the Department of Defense for fiscal 
year 2006 within budget function 050 (National Defense) includes 
amounts necessary for funding an active duty end strength of the Army 
in excess of 482,400, or an active duty end strength of the Marine 
Corps in excess of 175,000, for that fiscal year, the specification of 
amounts necessary for funding such end strength (as required under 
paragraph (1)) shall include the following additional information:
        (A) A display of the following amounts:
            (i) The amount that is to be funded out of the amounts 
        proposed for the Department of Defense within budget function 
        050 (National Defense) other than out of amounts for the Army 
        and Marine Corps.
            (ii) The amount that is to be funded out of the amounts 
        proposed for the Army and Marine Corps within budget function 
        050 (National Defense).
            (iii) The estimated amounts that are to be funded out of 
        emergency reserve funds and supplemental appropriations for 
        fiscal year 2006.
        (B) A detailed justification for reliance on each funding 
    source described in subparagraph (A).
        (C) A detailed discussion of which programs and plans of the 
    Army and Marine Corps funded in the proposed budget for fiscal year 
    2006 must be modified if the funding sources relied on, as 
    presented under subparagraph (A), must be changed.
        (D) The projected Army and Marine Corps active duty end 
    strengths for each of fiscal years 2006 through 2010, together with 
    a detailed enumeration of the component costs of the projected end 
    strengths for each such fiscal year.

SEC. 404. 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) Permanent professors of the United States Military 
    Academy and the United States Air Force Academy and professors of 
    the United States Naval Academy who are career military professors 
    (as defined in regulations prescribed by the Secretary of the 
    Navy), but not to exceed 50 from any such academy.''.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 
2005, the following number of Reserves to be serving on full-time 
active duty or full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components:
        (1) The Army National Guard of the United States, 26,602.
        (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 LIMITATION ON NUMBER OF NON-DUAL STATUS 
              TECHNICIANS.

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

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
              ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2005, the maximum number of members of the 
reserve components of the Armed Forces who may be serving at any time 
on full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:
        (1) The Army National Guard of the United States, 10,300.
        (2) The Army Reserve, 5,000.
        (3) The Naval Reserve, 6,200.
        (4) The Marine Corps Reserve, 2,500.
        (5) The Air National Guard of the United States, 10,100.
        (6) The Air Force Reserve, 3,600.

SEC. 416. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT PERSONNEL 
              PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY 
              FOR OPERATIONAL SUPPORT.

    (a) Strength Authorizations.--Section 115 of title 10, United 
States Code, is amended--
        (1) in subsection (a)(1)(A), by inserting ``unless on active 
    duty pursuant to subsection (b)'' after ``active-duty personnel'';
        (2) in subsection (a)(1)(B), by inserting ``unless on active 
    duty or full-time National Guard duty pursuant to subsection (b)'' 
    after ``reserve personnel'';
        (3) by redesignating subsections (b), (c), (d), (e), (f), (g) 
    and (h) as subsections (c), (d), (e), (f), (g), (h) and (i), 
    respectively; and
        (4) by inserting after subsection (a) the following new 
    subsection (b):
    ``(b) Certain Reserves on Active Duty To Be Authorized by Law.--(1) 
Congress shall annually authorize the maximum number of members of a 
reserve component permitted to be on active duty or full-time National 
Guard duty at any given time who are called or ordered to--
        ``(A) active duty under section 12301(d) of this title for the 
    purpose of providing operational support, as prescribed in 
    regulation issued by the Secretary of Defense;
        ``(B) full-time National Guard duty under section 502(f)(2) of 
    title 32 for the purpose of providing operational support when 
    authorized by the Secretary of Defense;
        ``(C) active duty under section 12301(d) of this title or full-
    time National Guard duty under section 502(f)(2) of title 32 for 
    the purpose of preparing for and performing funeral honors 
    functions for funerals of veterans under section 1491 of this 
    title;
        ``(D) active duty or retained on active duty under sections 
    12301(g) of this title while in a captive status; or
        ``(E) active duty or retained on active duty under 12301(h) or 
    12322 of this title for the purpose of medical evaluation or 
    treatment.
    ``(2) A member of a reserve component who exceeds either of the 
following limits shall be included in the strength authorized under 
subparagraph (A) or subparagraph (B), as appropriate, of subsection 
(a)(1):
        ``(A) A call or order to active duty or full-time National 
    Guard duty that specifies a period greater than three years.
        ``(B) The cumulative periods of active duty and full-time 
    National Guard duty performed by the member exceed 1095 days in the 
    previous 1460 days.
    ``(3) In determining the period of active service under paragraph 
(2), the following periods of active service performed by a member 
shall not be included:
        ``(A) All periods of active duty performed by a member who has 
    not previously served in the Selected Reserve of the Ready Reserve.
        ``(B) All periods of active duty or full-time National Guard 
    duty for which the member is exempt from strength accounting under 
    paragraphs (1) through (8) of subsection (i).''.
    (b) Limitation on Appropriations.--Subsection (c) of such section 
(as redesignated by subsection (a)(3)) is amended--
        (1) by striking ``or'' at the end of paragraph (1);
        (2) by striking the period at the end of paragraph (2) and 
    inserting ``; or''; and
        (3) by inserting after paragraph (2) the following new 
    paragraph:
        ``(3) the use of reserve component personnel to perform active 
    duty or full-time National Guard duty under subsection (b) unless 
    the strength for such personnel for that reserve component for that 
    fiscal year has been authorized by law.''.
    (c) Authority for Secretary of Defense Variances in Maximum 
Strengths.--Subsection (f) of such section (as redesignated by 
subsection (a)(3)) is amended--
        (1) by striking ``End'' in the heading;
        (2) by striking ``and'' at the end of paragraph (2);
        (3) by striking the period at the end of paragraph (3) and 
    inserting ``; and''; and
        (4) by adding at the end the following new paragraph:
        ``(4) increase the maximum strength authorized pursuant to 
    subsection (b)(1) for a fiscal year for certain reserves on active 
    duty for any of the reserve components by a number equal to not 
    more than 10 percent of that strength.''.
    (d) Conforming Amendments to Section 115.--Such section is further 
amended as follows:
        (1) Subsection (e) (as redesignated by subsection (a)(3)) is 
    amended--
            (A) in paragraph (1), by striking ``subsection (a) or (c)'' 
        and inserting ``subsection (a) or (d)''; and
            (B) in paragraph (2)--
                (i) by striking ``subsections (a) and (c)''; and 
            inserting ``subsections (a) and (d)''; and
                (ii) by striking ``pursuant to subsection (e)) and 
            subsection (c)'' and inserting ``pursuant to subsection 
            (f)) and subsection (d)'' each place it appears.
        (2) Subsection (g) (as redesignated by subsection (a)(3)) is 
    amended by striking ``subsection (e)(1)'' in paragraph (2) and 
    inserting ``subsection (f)(1)''.
        (3) Subsection (i) (as redesignated by subsection (a)(3)) is 
    amended to read as follows:
    ``(i) Certain Personnel Excluded From Counting for Active-Duty End 
Strengths.--In counting personnel for the purpose of the end strengths 
authorized pursuant to subsection (a)(1), persons in the following 
categories shall be excluded:
        ``(1) Members of a reserve component ordered to active duty 
    under section 12301(a) of this title.
        ``(2) Members of a reserve component in an active status 
    ordered to active duty under section 12301(b) of this title.
        ``(3) Members of the Ready Reserve ordered to active duty under 
    section 12302 of this title.
        ``(4) Members of the Selected Reserve of the Ready Reserve or 
    members of the Individual Ready Reserve mobilization category 
    described in section 10144(b) of this title ordered to active duty 
    under section 12304 of this title.
        ``(5) Members of the National Guard called into Federal service 
    under section 12406 of this title.
        ``(6) Members of the militia called into Federal service under 
    chapter 15 of this title.
        ``(7) Members of the National Guard on full-time National Guard 
    duty under section 502(f)(1) of title 32.
        ``(8) Members of reserve components on active duty for training 
    or full-time National Guard duty for training.
        ``(9) Members of the Selected Reserve of the Ready Reserve on 
    active duty to support programs described in section 1203(b) of the 
    Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952(b)).
        ``(10) Members of the National Guard on active duty or full-
    time National Guard duty for the purpose of carrying out drug 
    interdiction and counter-drug activities under section 112 of title 
    32.
        ``(11) Members of a reserve component on active duty under 
    section 10(b)(2) of the Military Selective Service Act (50 U.S.C. 
    App. 460(b)(2)) for the administration of the Selective Service 
    System.
        ``(12) Members of the National Guard on full-time National 
    Guard duty for the purpose of providing command, administrative, 
    training, or support services for the National Guard Challenge 
    Program authorized by section 509 of title 32.''.
    (e) Military to Military Contact Strength Accounting.--Subsection 
(f) of section 168 of such title is amended to read as follows:
    ``(f) Active Duty End Strengths.--A member of a reserve component 
who is engaged in activities authorized under this section shall not be 
counted for purposes of the following personnel strength limitations:
        ``(1) The end strength for active-duty personnel authorized 
    pursuant to section 115(a)(1) of this title for the fiscal year in 
    which the member carries out the activities referred to under this 
    section.
        ``(2) The authorized daily average for members in pay grades E-
    8 and E-9 under section 517 of this title for the calendar year in 
    which the member carries out such activities.
        ``(3) The authorized strengths for commissioned officers under 
    section 523 of this title for the fiscal year in which the member 
    carries out such activities.''.
    (f) E-8 and E-9 Strength Accounting.--Subsection (a) of section 517 
of such title is amended by striking ``(other than for training) in 
connection with organizing, administering, recruiting, instructing, or 
training the reserve component of an armed force.'' and inserting ``as 
authorized under section 115(a)(1)(B) or 115(b) of this title, or 
excluded from counting for active duty end strengths under section 
115(i) of this title.''.
    (g) Field Grade Officer Strength Accounting.--(1) Paragraph (1) of 
section 523(b) of such title is amended to read as follows:
        (1) Reserve officers--
            ``(A) on active duty as authorized under section 
        115(a)(1)(B) or 115(b)(1) of this title, or excluded from 
        counting for active duty end strengths under section 115(i) of 
        this title;
            ``(B) on active duty under section 10211, 10302 through 
        10305, or 12402 of this title or under section 708 of title 32; 
        or
            ``(C) on full-time National Guard duty.''.
    (2) Paragraph (7) of such section is amended by striking ``Reserve 
or retired officers'' and inserting ``Retired officers''.
    (h) Active Guard and Reserve Field Grade Officer Strength 
Accounting.--Paragraph (2) of section 12011(e) of such title is amended 
to read as follows:
        ``(2) Full-time National Guard duty (other than for training) 
    under section 502(f) of title 32, except for duty under section 
    115(b)(1)(B) and (C) of this title and section 115(i)(9) of this 
    title.''.
    (i) Warrant Officer Active-Duty List Exclusion.--Paragraph (1) of 
section 582 of such title is amended to read as follows:
        ``(1) Reserve warrant officers--
            ``(A) on active duty as authorized under section 
        115(a)(1)(B) or 115(b)(1) of this title, or excluded from 
        counting for active duty end strengths under section 115(i) of 
        this title; or
            ``(B) on full-time National Guard duty.''.
    (j) Officer Active-Duty List, Applicability of Chapter.--Paragraph 
(1) of section 641 of such title is amended to read as follows:
        ``(1) Reserve officers--
            ``(A) on active duty authorized under section 115(a)(1)(B) 
        or 115(b)(1) of this title, or excluded from counting for 
        active duty end strengths under section 115(i) of this title;
            ``(B) on active duty under section 3038, 5143, 5144, 8038, 
        10211, 10301 through 10305, 10502, 10505, 10506(a), 10506(b), 
        10507, or 12402 of this title or section 708 of title 32; or
            ``(C) on full-time National Guard duty.''.
    (k) Strength Accounting for Members Performing Drug Interdiction 
and Counter-Drug Activities.--Section 112 of title 32, United States 
Code, is amended--
        (1) by striking subsection (e);
        (2) by redesignating subsections (f), (g), (h) and (i) as 
    subsections (e), (f), (g) and (h) respectively; and
        (3) in paragraph (1) of subsection (e), as redesignated by 
    paragraph (2), by striking ``for a period of more than 180 days'' 
    each place it appears.
    (l) Report.--Not later than June 1, 2005, the Secretary of Defense 
shall report to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives the 
Secretary's recommendations regarding the exemptions provided in 
paragraphs (8) through (11) by section 115(i) of title 10, United 
States Code, as amended by this section. The recommendations shall 
address the manner in personnel covered by those exemptions shall be 
accounted for in authorizations provided by section 115 of such title. 
The objective of the analysis should be to terminate the need for such 
exemptions after September 30, 2006.
    (m) Regulations.--The Secretary of Defense shall prescribe by 
regulation the meaning of the term ``operational support'' for purposes 
of paragraph (1) of subsection (b) of section 115 of title 10, United 
States Code, as added by subsection (a).

              Subtitle C--Authorizations of Appropriations

SEC. 421. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated to the Department of 
Defense for military personnel for fiscal year 2005 a total of 
$106,542,982,000. 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--Officer Personnel Policy

Sec. 501. Transition of active-duty list officer force to a force of all 
          regular officers.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs 
          of Naval Operations be selected from officers in the line of 
          the Navy.
Sec. 503. Limitation on number of officers frocked to major general and 
          rear admiral.
Sec. 504. Distribution in grade of Marine Corps reserve officers in an 
          active status in grades below brigadier general
Sec. 505. Authority for Federal recognition of National Guard 
          commissioned officers appointed from former Coast Guard 
          personnel.
Sec. 506. Study regarding promotion eligibility of retired officers 
          recalled to active duty.
Sec. 507. Succession for office of Chief, National Guard Bureau.
Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as 
          Director of the Joint Staff of the National Guard Bureau.

              Subtitle B--Reserve Component Policy Matters

Sec. 511. Modification of stated purpose of the reserve components.
Sec. 512. Homeland defense activities conducted by the National Guard 
          under authority of title 32.
Sec. 513. Commission on the National Guard and Reserves.
Sec. 514. Repeal of exclusion of active duty for training from authority 
          to order Reserves to active duty.
Sec. 515. Army program for assignment of active component advisers to 
          units of the Selected Reserve.
Sec. 516. Authority to accept certain voluntary services.
Sec. 517. Authority to redesignate the Naval Reserve as the Navy 
          Reserve.
Sec. 518. Comptroller General assessment of integration of active and 
          reserve components of the Navy.
Sec. 519. Limitation on number of Starbase academies in a State.
Sec. 520. Recognition items for certain reserve component personnel.

             Subtitle C--Reserve Component Personnel Matters

Sec. 521. Status under disability retirement system for reserve members 
          released from active duty due to inability to perform within 
          30 days of call to active duty.
Sec. 522. Requirement for retention of Reserves on active duty to 
          qualify for retired pay not applicable to nonregular service 
          retirement system.
Sec. 523. Federal civil service military leave for Reserve and National 
          Guard civilian technicians.
Sec. 524. Expanded educational assistance authority for officers 
          commissioned through ROTC program at military junior colleges.
Sec. 525. Repeal of sunset provision for financial assistance program 
          for students not eligible for advanced training.
Sec. 526. Effect of appointment or commission as officer on eligibility 
          for Selected Reserve education loan repayment program for 
          enlisted members.
Sec. 527. Educational assistance for certain reserve component members 
          who perform active service.
Sec. 528. Sense of Congress on guidance concerning treatment of 
          employer-provided compensation and other benefits voluntarily 
          provided to employees who are activated Reservists.

Subtitle D--Joint Officer Management and Professional Military Education

Sec. 531. Strategic plan to link joint officer development to overall 
          missions and goals of Department of Defense.
Sec. 532. Improvement to professional military education in the 
          Department of Defense.
Sec. 533. Joint requirements for promotion to flag or general officer 
          grade.
Sec. 534. Clarification of tours of duty qualifying as a joint duty 
          assignment.
Sec. 535. Two-year extension of temporary standard for promotion policy 
          objectives for joint officers.
Sec. 536. Two-year extension of authority to waive requirement that 
          Reserve Chiefs and National Guard Directors have significant 
          joint duty experience.

                 Subtitle E--Military Service Academies

Sec. 541. Revision to conditions on service of officers as service 
          academy superintendents.
Sec. 542. Academic qualifications of the dean of the faculty of United 
          States Air Force Academy.
Sec. 543. Board of Visitors of United States Air Force Academy.
Sec. 544. Appropriated funds for service academy athletic and 
          recreational extracurricular programs to be treated in same 
          manner as for military morale, welfare, and recreation 
          programs.
Sec. 545. Codification of prohibition on imposition of certain charges 
          and fees at the service academies.

            Subtitle F--Other Education and Training Matters

Sec. 551. College First delayed enlistment program.
Sec. 552. Senior Reserve Officers' Training Corps and recruiter access 
          at institutions of higher education.
Sec. 553. Tuition assistance for officers.
Sec. 554. Increased maximum period for leave of absence for pursuit of a 
          program of education in a health care profession.
Sec. 555. Eligibility of cadets and midshipmen for medical and dental 
          care and disability benefits.
Sec. 556. Transfer of authority to confer degrees upon graduates of the 
          Community College of the Air Force. 
Sec. 557. Change in titles of leadership positions at the Naval 
          Postgraduate School.

    Subtitle G--Assistance to Local Educational Agencies for Defense 
                          Dependents Education

Sec. 558. Continuation of impact aid assistance on behalf of dependents 
          of certain members despite change in status of member.
Sec. 559. Assistance to local educational agencies that benefit 
          dependents of members of the Armed Forces and Department of 
          Defense civilian employees.
Sec. 560. Impact aid for children with severe disabilities.

     Subtitle H--Medals and Decorations and Special Promotions and 
                              Appointments

Sec. 561. Award of medal of honor to individual interred in the Tomb of 
          the Unknowns as representative of casualties of a war.
Sec. 562. 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.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, 
          United States Air Force (retired), to the grade of major 
          general on the retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of 
          major general in the Army.

                       Subtitle I--Military Voting

Sec. 566. Federal write-in ballots for absentee military voters located 
          in the United States.
Sec. 567. Repeal of requirement to conduct electronic voting 
          demonstration project for the Federal election to be held in 
          November 2004.
Sec. 568. Reports on operation of Federal voting assistance program and 
          military postal system.

                  Subtitle J--Military Justice Matters

Sec. 571. Review on how sexual offenses are covered by Uniform Code of 
          Military Justice.
Sec. 572. Waiver of recoupment of time lost for confinement in 
          connection with a trial.
Sec. 573. Processing of forensic evidence collection kits and 
          acquisition of sufficient stocks of such kits.
Sec. 574. Authorities of the Judge Advocates General.

             Subtitle K--Sexual Assault in the Armed Forces

Sec. 576. Examination of sexual assault in the Armed Forces by the 
          Defense Task Force established to examine sexual harassment 
          and violence at the military service academies.
Sec. 577. Department of Defense policy and procedures on prevention and 
          response to sexual assaults involving members of the Armed 
          Forces.

            Subtitle L--Management and Administrative Matters

Sec. 581. Three-year extension of limitation on reductions of personnel 
          of agencies responsible for review and correction of military 
          records.
Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office 
          (DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 75 and older.
Sec. 584. Authority to provide civilian clothing to members traveling in 
          connection with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles, 
          credits, and tickets to facilitate rest and recuperation 
          travel of deployed members of the Armed Forces and their 
          families.
Sec. 586. Annual report identifying reasons for discharges from the 
          Armed Forces during preceding fiscal year.
Sec. 587. Study of blended wing concept for the Air Force.
Sec. 588. Sense of Congress regarding return of members to active duty 
          service upon rehabilitation from service-related injuries.

                        Subtitle M--Other Matters

Sec. 591. Protection of Armed Forces personnel from retaliatory actions 
          for communications made through the chain of command.
Sec. 592. Implementation plan for accession of persons with specialized 
          skills.
Sec. 593. Enhanced screening methods and process improvements for 
          recruitment of home schooled and National Guard Challenge 
          program GED recipients.
Sec. 594. Redesignation of National Guard Challenge Program as National 
          Guard Youth Challenge Program.
Sec. 595. Reports on certain milestones relating to Department of 
          Defense transformation.
Sec. 596. Report on issues relating to removal of remains of persons 
          interred in United States military cemeteries overseas.
Sec. 597. Comptroller General reports on closure of Department of 
          Defense dependent elementary and secondary schools and 
          commissary stores.
Sec. 598. Comptroller General report on transition assistance programs 
          for members separating from the Armed Forces.
Sec. 599. Study on coordination of job training standards with 
          certification standards for military occupational specialties.

                  Subtitle A--Officer Personnel Policy

SEC. 501. 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 is further amended by adding at the end the 
following new subsection:
    ``(f) The Secretary of Defense may waive the requirement of 
paragraph (1) of subsection (a) with respect to a person who has been 
lawfully admitted to the United States for permanent residence when the 
Secretary determines that the national security so requires, but only 
for an original appointment in a grade below the grade of major or 
lieutenant commander.''.
    (B) Section 619(d) of such title 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, 
first lieutenant, and captain in the Regular Army, Regular Air Force, 
and Regular Marine Corps and in the grades of ensign, lieutenant 
(junior grade), and lieutenant in the Regular Navy shall be made by the 
President alone.
    ``(2) Original appointments in the grades of major, lieutenant 
colonel, and colonel in the Regular Army, Regular Air Force, and 
Regular Marine Corps and in the grades of lieutenant commander, 
commander, and captain in the Regular Navy shall be made by the 
President, by and with the advice and consent of the Senate.''.
    (b) Repeal of Total Strength Limitations for Active-Duty Regular 
Commissioned Officers.--(1) Section 522 of such title 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 of the University 
of Health Sciences.--Section 2114(b) of such title is amended by 
striking ``Notwithstanding any other provision of law, they shall 
serve'' in the second sentence and all that follows through ``if 
qualified,'' in the third sentence and inserting ``They shall be 
appointed as regular officers in the grade of second lieutenant or 
ensign and shall serve on active duty in that grade. Upon graduation 
they shall be required to serve on active duty''.
    (f) Termination of Requirement of 6 Years Service in a Reserve 
Component for Nonregular Service Retirement Eligibility.--Section 
12731(a)(3) of such title is amended by inserting after ``(3)'' the 
following: ``in the case of a person who completed the service 
requirements of paragraph (2) before the end of the 180-day period 
beginning on the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2005,''.
    (g) Effective Date.--(1) Except as provided in paragraph (2), the 
amendments made by this section shall take effect on the first day of 
the first month beginning more than 180 days after the date of the 
enactment of this Act.
    (2) The amendment made by subsection (a)(1) shall take effect on 
May 1, 2005.

SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS AND ASSISTANT CHIEFS 
              OF NAVAL OPERATIONS BE SELECTED FROM OFFICERS IN THE LINE 
              OF THE NAVY.

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

SEC. 503. LIMITATION ON NUMBER OF OFFICERS FROCKED TO MAJOR GENERAL AND 
              REAR ADMIRAL.

    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, as the case may be, may not exceed 30.''.

SEC. 504. DISTRIBUTION IN GRADE OF MARINE CORPS RESERVE OFFICERS IN AN 
              ACTIVE STATUS IN GRADES BELOW BRIGADIER GENERAL.

    The table in section 12005(c)(1) of title 10, United States Code, 
is amended to read as follows:

``Colonel...............................................
                                                              2 percent 
Lieutenant colonel......................................
                                                              8 percent 
Major...................................................
                                                             16 percent 
Captain.................................................
                                                             39 percent 
First lieutenant and second lieutenant (when combined 
  with the number authorized for general officer grades 
  under section 12004 of this title)....................
                                                          35 percent.''.

SEC. 505. AUTHORITY FOR FEDERAL RECOGNITION OF NATIONAL GUARD 
              COMMISSIONED OFFICERS APPOINTED FROM FORMER COAST GUARD 
              PERSONNEL.

    Section 305(a) of title 32, United States Code, is amended--
        (1) by striking ``Army, Navy, Air Force, or Marine Corps'' in 
    paragraphs (2), (3), and (4) and inserting ``armed forces''; and
        (2) by striking ``or the United States Air Force Academy'' in 
    paragraph (5) and inserting ``the United States Air Force Academy, 
    or the United States Coast Guard Academy''.

SEC. 506. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED 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 
officers on active duty, but not on the active-duty list by reason of 
section 582(2) or 641(4) of title 10, United States Code, to be 
eligible for consideration for promotion under chapter 33A of such 
title, in the case of warrant officers, or chapter 36 of such title, in 
the case of officers other than warrant officers.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary 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.

SEC. 507. SUCCESSION FOR OFFICE OF CHIEF, NATIONAL GUARD BUREAU.

    (a) Designation of Senior Officer in National Guard Bureau.--
Section 10502 of title 10, United States Code, is amended by adding at 
the end the following new subsection:
    ``(e) Succession.--(1) Unless otherwise directed by the President 
or the Secretary of Defense, the senior of the two officers specified 
in paragraph (2) shall serve as the acting Chief of the National Guard 
Bureau during any period that--
        ``(A) there is a vacancy in the position of Chief of the 
    National Guard Bureau; or
        ``(B) the Chief is unable to perform the duties of that office.
    ``(2) The officers specified in this paragraph are the following:
        ``(A) The senior officer of the Army National Guard of the 
    United States on duty with the National Guard Bureau.
        ``(B) The senior officer of the Air National Guard of the 
    United States on duty with the National Guard Bureau.''.
    (b) Clerical Amendments.--(1) The heading of such section is 
amended to read as follows:

``Sec. 10502. Chief of the National Guard Bureau: appointment; adviser 
            on National Guard matters; grade; succession''.

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

``10502. Chief of the National Guard Bureau: appointment; adviser on 
          National Guard matters; grade; succession.''.

    (c) Conforming Repeal.--Subsections (d) and (e) of section 10505 of 
such title are repealed.

SEC. 508. 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), and (c) 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) Section 10506(a)(1) of such title 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 such 
title 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 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.

              Subtitle B--Reserve Component Policy Matters

SEC. 511. MODIFICATION OF STATED PURPOSE OF THE RESERVE COMPONENTS.

    Section 10102 of title 10, United States Code, is amended by 
striking ``, during'' and all that follows through ``planned 
mobilization,''.

SEC. 512. HOMELAND DEFENSE ACTIVITIES CONDUCTED BY THE NATIONAL GUARD 
              UNDER AUTHORITY OF TITLE 32.

    (a) In General.--(1) Title 32, United States Code, is amended by 
adding at the end the following new chapter:

                ``CHAPTER 9--HOMELAND DEFENSE ACTIVITIES

``Sec.
``901. Definitions.
``902. Homeland defense activities: funds.
``903. Regulations.
``904. Homeland defense duty.
``905. Funding assistance.
``906. Requests for funding assistance.
``907. Relationship to State duty.
``908. Annual report.

``Sec. 901. Definitions

    ``In this chapter:
        ``(1) The term `homeland defense activity' means an activity 
    undertaken for the military protection of the territory or domestic 
    population of the United States, or of infrastructure or other 
    assets of the United States determined by the Secretary of Defense 
    as being critical to national security, from a threat or aggression 
    against the United States.
        ``(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.

``Sec. 902. Homeland defense activities: funds

    ``(a) The Secretary of Defense may provide funds to a Governor to 
employ National Guard units or members to conduct homeland defense 
activities that the Secretary, determines to be necessary and 
appropriate for participation by the National Guard units or members, 
as the case may be.

``Sec. 903. Regulations

    ``The Secretary of Defense shall prescribe regulations to implement 
this chapter.

``Sec. 904. Homeland defense duty

    ``(a) Full-Time National Guard Duty.--All duty performed under this 
chapter shall be considered to be full-time National Guard duty under 
section 502(f) of this title. Members of the National Guard performing 
full-time National Guard duty in the Active Guard and Reserve Program 
may support or execute homeland defense activities performed by the 
National Guard under this chapter.
    ``(b) Duration.--The period for which a member of the National 
Guard performs duty under this chapter shall be limited to 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 performing duty under this chapter shall, in addition to 
performing such duty, participate in the training required under 
section 502(a) of this title. 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 the duty under 
this chapter. 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 defense activities does not 
degrade the training and readiness of such units and personnel, the 
following requirements shall apply in determining the homeland defense 
activities that units and personnel of the National Guard of a State 
may perform:
        ``(1) The performance of the activities is not to affect 
    adversely 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) The performance of the activities is not to degrade the 
    military skills of the members of the National Guard performing 
    those activities.

``Sec. 905. Funding assistance

    ``In the case of any homeland defense activity for which the 
Secretary of Defense determines under section 902 of this title that 
participation of units or members of the National Guard of a State is 
necessary and appropriate, the Secretary may provide funds to that 
State in an amount that the Secretary determines is appropriate for the 
following costs of the participation in that activity from funds 
available to the Department for related purposes:
        ``(1) The pay, allowances, clothing, subsistence, gratuities, 
    travel, and related expenses of personnel of the National Guard of 
    that State.
        ``(2) The operation and maintenance of the equipment and 
    facilities of the National Guard of that State.
        ``(3) The procurement of services and equipment, and the 
    leasing of equipment, for the National Guard of that State.

``Sec. 906. Requests for funding assistance

    ``A Governor of a State may request funding assistance for the 
homeland defense activities of the National Guard of that State from 
the Secretary of Defense. Any such request shall include the following:
        ``(1) The specific intended homeland defense activities of the 
    National Guard of that State.
        ``(2) An explanation of why participation of National Guard 
    units or members, as the case may be, in the homeland defense 
    activities is necessary and appropriate.
        ``(3) A certification that homeland defense activities are to 
    be conducted at a time when the personnel involved are not in 
    Federal service.

``Sec. 907. Relationship to State duty

    ``Nothing in this chapter 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.

``Sec. 908. Annual report

    ``(a) Requirement for Report.--After the end of each fiscal year, 
the Secretary of Defense shall submit to the congressional defense 
committees a report regarding any assistance provided and activities 
carried out under this chapter during that fiscal year. The report for 
a fiscal year shall be submitted not later than March 31 of the year 
following the year in which such fiscal year ended.
    ``(b) Content.--The report for a fiscal year shall include the 
following matters:
        ``(1) The numbers of members of the National Guard excluded 
    under subsection (i) of section 115 of title 10 from being counted 
    for the purpose of end-strengths authorized pursuant to subsection 
    (a)(1) of such section.
        ``(2) A description of the homeland defense activities 
    conducted with funds provided under this chapter.
        ``(3) An accounting of the amount of the 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 defense activities under this chapter.''.
    (2) The table of chapters at the beginning of such title is amended 
by adding at the end the following new item:

``9. Homeland Defense Activities..................................901''.

    (b) Conforming Amendment.--Section 115 of title 10, United States 
Code, is amended by adding at the end the following new subsection:
    ``(i) Certain Full-Time National Guard Duty Personnel Excluded From 
Counting for Full-Time National Guard Duty End Strengths.--In counting 
full-time National Guard duty personnel for the purpose of end-
strengths authorized pursuant to subsection (a)(1), persons 
involuntarily performing homeland defense activities under chapter 9 of 
title 32 shall be excluded.''.

SEC. 513. 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''.
    (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 do the following:
        (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 the Department of Defense plan for implementation of 
    section 115(b) of title 10, United States Code, as added by section 
    404(a)(4).
        (D) 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.
        (E) 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.
        (F) 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.
        (G) 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.
        (H) 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.
        (I) 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.
        (J) 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) Sections 955, 
956, 957 (other than subsection (f)), 958, and 959 of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 
U.S.C 111 note) shall apply to the Commission, except that in applying 
section 957(a) of such Act to the Commission, ``level IV of the 
Executive Schedule'' shall be substituted for ``level V of the 
Executive Schedule''.
    (2) 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 three months after the first 
meeting of the Commission, 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 one year after the first meeting of the 
Commission, the Commission shall submit a final report to the 
committees of Congress referred to in paragraph (1) and to the 
Secretary of Defense. 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.--(1) The Secretary of Defense shall annually 
review the reserve components of the Armed Forces with regard to--
        (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.
    (2) The Secretary shall submit a report of the annual review, 
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.
    (3) The first review under paragraph (1) shall take place during 
fiscal year 2006.

SEC. 514. 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) in the first sentence, by striking ``(other than for 
        training)'' and inserting ``as provided in subsection (a)''; 
        and
            (B) in the second sentence, by striking ``ordered to active 
        duty (other than for training)'' and inserting ``so ordered to 
        active duty''; and
        (3) in subsection (e), by striking ``(other than for 
    training)'' and inserting ``as provided in subsection (a)''.
    (b) Ready Reserve 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. 515. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE COMPONENT ADVISERS TO 
              UNITS OF THE SELECTED RESERVE.

    (a) Change in Minimum Number Required to be Assigned.--Section 
414(c)(1) of the National Defense Authorization Act for Fiscal Years 
1992 and 1993 (10 U.S.C. 12001 note) is amended by striking ``5,000'' 
and inserting ``3,500''.
    (b) Limitation on Reductions.--Notwithstanding the amendment made 
by subsection (a), the Secretary of the Army may not reduce the number 
of active component Reserve support personnel below the number of such 
personnel as of the date of the enactment of this Act until the report 
required by subsection (c) has been submitted.
    (c) Report.--Not later than March 31, 2005, the Secretary of the 
Army shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on the support by active components 
of the Army for training and readiness of the Army National Guard and 
Army Reserve. The report shall include an evaluation and determination 
of each of the following:
        (1) The effect on the ability of the Army to improve such 
    training and readiness resulting from the reduction under the 
    amendment made by subsection (a) in the minimum number of active 
    component Reserve support personnel.
        (2) The adequacy of having 3,500 members of the Army (the 
    minimum number required under the law as so amended) assigned as 
    active component Reserve support personnel in order to meet 
    emerging training requirements in the Army reserve components in 
    connection with unit and force structure conversions and 
    preparations for wartime deployment.
        (3) The nature and effectiveness of efforts by the Army to 
    reallocate the 3,500 personnel assigned as active component Reserve 
    support personnel to higher priority requirements and to expand the 
    use of reservists on active duty to meet reserve component training 
    needs.
        (4) Whether the Army is planning further reductions in the 
    number of active component Reserve support personnel and, if so, 
    the scope and rationale for those reductions.
        (5) Whether an increase in Army reserve component full-time 
    support personnel will be required to replace the loss of active 
    component Reserve support personnel.
    (d) Definition.--In this section, the term ``active component 
Reserve support personnel'' means the active component Army personnel 
assigned as advisers to units of the Selected Reserve of the Ready 
Reserve of the Army pursuant to section 414 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 12001 
note).

SEC. 516. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY SERVICES.

    Section 1588 of title 10, United States Code, is amended--
        (1) in subsection (a), by adding at the end the following new 
    paragraph:
        ``(8) Voluntary services to support programs of a committee of 
    the Employer Support of the Guard and Reserve as authorized by the 
    Secretary of Defense.''; and
        (2) in subsection (f)(1), by striking ``subsection (a)(3)'' and 
    inserting ``paragraph (3) or (8) of subsection (a)''.

SEC. 517. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE AS THE NAVY 
              RESERVE.

    (a) Authority of Secretary of the Navy.--The Secretary of the Navy 
may, with the approval of the President, redesignate the reserve 
component known as the Naval Reserve as the ``Navy Reserve''. Any such 
redesignation shall be effective on a date specified by the Secretary, 
which date may not be earlier than the date that is 180 days after the 
date on which the Secretary submits recommended legislation under 
subsection (c).
    (b) Publication of Redesignation.--If the Secretary of the Navy 
exercises the authority to redesignate the Naval Reserve under 
subsection (a), the Secretary shall promptly publish in the Federal 
Register and submit to the Congress notice of the redesignation, 
including the effective date of the redesignation.
    (c) Conforming Legislation.--If the Secretary of the Navy exercises 
the authority to redesignate the Naval Reserve under subsection (a), 
the Secretary shall submit to the Congress 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.
    (d) References.--If the Secretary of the Navy exercises the 
authority to redesignate the Naval Reserve under subsection (a), then 
on and after the effective date of the redesignation, 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. 518. COMPTROLLER GENERAL ASSESSMENT OF INTEGRATION OF ACTIVE AND 
              RESERVE COMPONENTS OF THE NAVY.

    (a) Assessment.--The Comptroller General shall review the plan of 
the Secretary of the Navy for, and implementation by the Secretary of, 
initiatives undertaken within the Navy to improve the integration of 
the active and reserve components of the Navy in peacetime and wartime 
operations resulting from--
        (1) the Naval Reserve Redesign Study carried out by the Navy; 
    and
        (2) the zero-based review of reserve component force structure 
    undertaken by the commander of the Fleet Forces Command of the Navy 
    during fiscal year 2004.
    (b) Report.--No later than March 31, 2005, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on the results of the review under 
subsection (a). The Comptroller General shall include in the report 
recommendations for improved active and reserve component integration 
in the Navy.
    (c) Matters to be Examined.--In conducting the review under 
subsection (a), the Comptroller General shall examine the following:
        (1) The criteria the Navy used to determine the following with 
    respect to integration of the active and reserve components of the 
    Navy:
            (A) The future mix of active and reserve component force 
        structure.
            (B) Organization of command and control elements.
            (C) Manpower levels.
            (D) Basing changes.
        (2) The extent to which the plans of the Navy for improving the 
    integration of the active and reserve components of the Navy 
    considered each of the following:
            (A) The new Fleet Response Plan of the Navy.
            (B) The flexible deployment concept.
            (C) Global operations.
            (D) Emerging mission requirements.
            (E) Other evolving initiatives.
        (3) The manner in which the timing of the execution of planned 
    active and reserve integration initiatives will correlate with the 
    funding of those initiatives, including consideration of an 
    evaluation of the adequacy of the funding allocated to those 
    integration initiatives.
        (4) For naval aviation forces, the extent to which the active 
    and reserve component integration plans of the Navy will affect 
    factors such as--
            (A) common training and readiness standards for active and 
        reserve forces;
            (B) reserve component access to the same equipment as the 
        active component;
            (C) relationships between command and headquarters elements 
        of active and reserve forces;
            (D) trends in the use by the Navy of units referred to as 
        ``associate'' units or ``blended'' units;
            (E) Basing criteria of future aviation forces; and
            (F) Employment of Naval Reserve aviation forces and 
        personnel in peacetime and wartime operations.

SEC. 519. LIMITATION ON NUMBER OF STARBASE ACADEMIES IN A STATE.

    Paragraph (3) of section 2193b(c) of title 10, United States Code, 
is amended to read as follows:
    ``(3)(A) Except as otherwise provided under subparagraph (B), the 
Secretary may not support the establishment in any State of more than 
two academies under the program.
    ``(B) The Secretary may support the establishment and operation of 
an academy in a State in excess of two academies in that State if the 
Secretary expressly waives, in writing, the limitation in subparagraph 
(A) with respect to that State. In the case of any such waiver, 
appropriated funds may be used for the establishment and operation of 
an academy in excess of two in that State only to the extent that 
appropriated funds are expressly available for that purpose. Any such 
waiver shall be made under criteria to be prescribed by the 
Secretary.''.

SEC. 520. RECOGNITION ITEMS FOR CERTAIN RESERVE COMPONENT PERSONNEL.

    (a) Army Reserve.--(1) Chapter 1805 of title 10, United States 
Code, is amended by adding at the end the following new section:

``Sec. 18506. Recruitment and retention: availability of funds for 
            recognition items for Army Reserve personnel

    ``(a) Availability of Funds.--(1) Under regulations prescribed by 
the Secretary of the Army, funds authorized to be appropriated to the 
Army Reserve and available for recruitment and retention of military 
personnel may be obligated and expended for recognition items that are 
distributed to members of the Army Reserve and to members of their 
families and other individuals recognized as providing support that 
substantially facilitates service in the Army Reserve.
    ``(2) The purpose of the distribution of such items shall be to 
enhance the recruitment and retention of members of the Army Reserve.
    ``(b) Provision of Meals and Refreshments.--For purposes of section 
520c of this title and any regulation prescribed to implement that 
section, functions conducted for the purpose of presenting recognition 
items described in subsection (a) shall be treated as recruiting 
functions and recipients of such items shall be treated as persons who 
are the objects of recruiting efforts.
    ``(c) Limitation on Value.--The value of items referred to in 
subsection (a) that are distributed to any single member of the Army 
Reserve at any one time may not exceed $50.
    ``(d) Termination of Authority.--The authority under this section 
shall expire December 31, 2005.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``18506. Recruitment and retention: availability of funds for 
          recognition items for Army Reserve personnel.''.

    (b) Use of Funds to Promote Retention in the National Guard.--(1) 
Chapter 7 of title 32, United States Code, is amended by adding at the 
end the following new section:

``Sec. 717. Presentation of recognition items for retention purposes

    ``(a) Expenditures for Recognition Items.--Under regulations 
prescribed by the Secretary of the Army and the Secretary of the Air 
Force, funds appropriated for the Army National Guard or Air National 
Guard for the purpose of recruitment and retention of military 
personnel may be expended to procure recognition items of nominal or 
modest value for retention purposes and to present such items to 
members of the National Guard and to members of their families and 
other individuals recognized as providing support that substantially 
facilitates service in the National Guard.
    ``(b) Provision of Meals and Refreshments.--For purposes of section 
520c of title 10 and any regulation prescribed to implement that 
section, functions conducted for the purpose of presenting recognition 
items described in subsection (a) shall be treated as recruiting 
functions and recipients of such items shall be treated as persons who 
are the objects of recruiting efforts.
    ``(c) Relation to Other Law.--The authority provided in this 
section is in addition to other provision of law authorizing the use of 
appropriations for recruitment and retention purposes.
    ``(d) Definition.--The term `recognition items of nominal or modest 
value' means commemorative coins, medals, trophies, badges, flags, 
posters, paintings, or other similar items that are valued at less than 
$50 per item and are designed to recognize or commemorate service in 
the armed forces or National Guard.
    ``(e) Termination of Authority.--The authority under this section 
shall expire December 31, 2005.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``717. Presentation of recognition items for retention purposes.''.

    (c) Effective Date.--Section 18506 of title 10, United States Code, 
as added by subsection (a), and section 717 of title 32, United States 
Code, as added by subsection (b), shall take effect as of November 24, 
2003, and as if included in the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136).

            Subtitle C--Reserve Component Personnel Matters

SEC. 521. STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR RESERVE MEMBERS 
              RELEASED FROM ACTIVE DUTY DUE TO INABILITY TO PERFORM 
              WITHIN 30 DAYS OF CALL TO ACTIVE DUTY.

    (a) In General.--Chapter 61 of title 10, United States Code, is 
amended by inserting after section 1206 the following new section:

``Sec. 1206a. Reserve component members unable to perform duties when 
            ordered to active duty: disability system processing

    ``(a) Members Released From Active Duty Within 30 Days.--A member 
of a reserve component who is ordered to active duty for a period of 
more than 30 days and is released from active duty within 30 days of 
commencing such period of active duty for a reason stated in subsection 
(b) shall be considered for all purposes under this chapter to have 
been serving under an order to active duty for a period of 30 days or 
less.
    ``(b) Applicable Reasons for Release.--Subsection (a) applies in 
the case of a member released from active duty because of a failure to 
meet--
        ``(1) physical standards for retention due to a preexisting 
    condition not aggravated during the period of active duty; or
        ``(2) medical or dental standards for deployment due to a 
    preexisting condition not aggravated during the period of active 
    duty.
    ``(c) Savings Provision for Medical Care Provided While on Active 
Duty.--Notwithstanding subsection (a), any benefit under chapter 55 of 
this title received by a member described in subsection (a) or a 
dependent of such member before or during the period of active duty 
shall not be subject to recoupment or otherwise affected.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1206 the following new item:

``1206a. Reserve component members unable to perform duties when ordered 
          to active duty: disability system processing.''.

SEC. 522. REQUIREMENT FOR RETENTION OF RESERVES ON ACTIVE DUTY TO 
              QUALIFY FOR RETIRED PAY NOT APPLICABLE TO NONREGULAR 
              SERVICE RETIREMENT SYSTEM.

    Section 12686(a) of title 10, United States Code, is amended by 
inserting ``(other than the retirement system under chapter 1223 of 
this title)'' after ``retirement system''.

SEC. 523. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR RESERVE AND NATIONAL 
              GUARD CIVILIAN TECHNICIANS.

    Section 6323(d)(1) of title 5, United States Code is amended by 
striking ``(other than active duty during a war or national emergency 
declared by the President or Congress)''.

SEC. 524. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR OFFICERS 
              COMMISSIONED THROUGH ROTC PROGRAM AT MILITARY JUNIOR 
              COLLEGES.

    (a) Financial Assistance Program for Service on Active Duty.--
Section 2107(c) of title 10, United States Code, is amended by adding 
at the end the following new paragraph:
    ``(5)(A) The Secretary of the Army, under regulations and criteria 
established by the Secretary, may provide an individual who received a 
commission as a Reserve officer in the Army from a military junior 
college through a program under this chapter and who does not have a 
baccalaureate degree with financial assistance for pursuit of a 
baccalaureate degree.
    ``(B) Such assistance is in addition to any financial assistance 
provided under paragraph (1), (3), or (4).
    ``(C) The agreement and reimbursement requirements established in 
section 2005 of this title are applicable to financial assistance under 
this paragraph.
    ``(D) An officer receiving financial assistance under this 
paragraph shall be attached to a unit of the Army as determined by the 
Secretary and shall be considered to be a member of the Senior Reserve 
Officers' Training Corps on inactive duty for training, as defined in 
section 101(23) of title 38.
    ``(E) A qualified officer who did not previously receive financial 
assistance under this section is eligible to receive educational 
assistance under this paragraph.
    ``(F) A Reserve officer may not be called or ordered to active duty 
for a deployment while participating in the program under this 
paragraph.
    ``(G) Any service obligation incurred by an officer under an 
agreement entered into under this paragraph shall be in addition to any 
service obligation incurred by that officer under any other provision 
of law or agreement.''.
    (b) Financial Assistance Program for Service in Troop Program 
Units.--Section 2107a(c) of such title is amended by adding at the end 
the following new paragraph:
    ``(4)(A) The Secretary of the Army may provide an individual who 
received a commission as a Reserve officer in the Army from a military 
junior college through a program under this chapter and who does not 
have a baccalaureate degree with financial assistance for pursuit of a 
baccalaureate degree.
    ``(B) Such assistance is in addition to any provided under 
paragraph (1) or (2).
    ``(C) The agreement and reimbursement requirements established in 
section 2005 of this title are applicable to financial assistance under 
this paragraph.
    ``(D) An officer receiving financial assistance under this 
paragraph shall be attached to a unit of the Army as determined by the 
Secretary and shall be considered to be a member of the Senior Reserve 
Officers' Training Corps on inactive duty for training, as defined in 
section 101(23) of title 38.
    ``(E) A qualified officer who did not previously receive financial 
assistance under this section is eligible to receive educational 
assistance under this paragraph.
    ``(F) A Reserve officer may not be called or ordered to active duty 
for a deployment while participating in the program under this 
paragraph.
    ``(G) Any service obligation incurred by an officer under an 
agreement entered into under this paragraph shall be in addition to any 
service obligation incurred by that officer under any other provision 
of law or agreement.''.
    (c) Implementation Report.--Not later than March 31, 2007, the 
Secretary of the Army shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House of 
Representatives a report providing information on the experience of the 
Department of the Army under paragraph (5) of section 2107(c) of title 
10, United States Code, as added by subsection (a), and under paragraph 
(4) of section 2107a(c) of title 10, United States Code, as added by 
subsection (b). The report shall include any recommendations the 
Secretary considers necessary for the improvement of the programs under 
those paragraphs.

SEC. 525. REPEAL OF SUNSET PROVISION FOR FINANCIAL ASSISTANCE PROGRAM 
              FOR STUDENTS NOT ELIGIBLE FOR ADVANCED TRAINING.

    Section 2103a of title 10, United States Code, is amended by 
striking subsection (d).

SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS OFFICER ON ELIGIBILITY 
              FOR SELECTED RESERVE EDUCATION LOAN REPAYMENT PROGRAM FOR 
              ENLISTED MEMBERS.

    Section 16301(a) of title 10, United States Code, is amended--
        (1) in paragraph (2), by striking ``The Secretary'' in the 
    first sentence and inserting ``Except as provided in paragraph (3), 
    the Secretary of Defense''; and
        (2) by adding at the end the following new paragraph:
    ``(3) In the case of a commitment made by the Secretary of Defense 
after the date of the enactment of this paragraph to repay a loan under 
paragraph (1) conditioned upon the performance by the borrower of 
service as an enlisted member under paragraph (2), the Secretary may 
repay the loan for service performed by the borrower as an officer 
(rather than as an enlisted member) in the case of a borrower who, 
after such commitment is entered into and while performing service as 
an enlisted member, accepts an appointment or commission as a warrant 
officer or commissioned officer of the Selected Reserve.''.

SEC. 527. EDUCATIONAL ASSISTANCE FOR CERTAIN RESERVE COMPONENT MEMBERS 
              WHO PERFORM ACTIVE SERVICE.

    (a) Establishment of Program.--Part IV of subtitle E of title 10, 
United States Code, is amended by inserting after chapter 1606 the 
following new chapter:

 ``CHAPTER 1607--EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS 
     SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS

``Sec.
``16161. Purpose.
``16162. Educational assistance program.
``16163. Eligibility for educational assistance.
``16164. Time limitation for use of entitlement.
``16165. Termination of assistance.
``16166. Administration of program.

``Sec. 16161. Purpose

    ``The purpose of this chapter is to provide educational assistance 
to members of the reserve components called or ordered to active 
service in response to a war or national emergency declared by the 
President or the Congress, in recognition of the sacrifices that those 
members make in answering the call to duty.

``Sec. 16162. Educational assistance program

    ``(a) Program Establishment.--The Secretary of each military 
department, under regulations prescribed by the Secretary of Defense, 
and the Secretary of Homeland Security with respect to the Coast Guard 
when it is not operating as a service in the Navy, shall establish and 
maintain a program as prescribed in this chapter to provide educational 
assistance to members of the Ready Reserve of the armed forces under 
the jurisdiction of the Secretary concerned.
    ``(b) Authorized Education Programs.--Educational assistance may be 
provided under this chapter for pursuit of any program of education 
that is an approved program of education for purposes of chapter 30 of 
title 38.
    ``(c) Benefit Amount.--(1) The educational assistance program 
established under subsection (a) shall provide for payment by the 
Secretary concerned, through the Secretary of Veterans Affairs, an 
educational assistance allowance to each member entitled to educational 
assistance under this chapter who is pursuing a program of education 
authorized under subsection (b).
    ``(2) The educational assistance allowance provided under this 
chapter shall be based on the applicable percent under paragraph (4) to 
the applicable rate provided under section 3015 of title 38 for a 
member whose entitlement is based on completion of an obligated period 
of active duty of three years.
    ``(3) The educational assistance allowance provided under this 
section for a person who is undertaking a program for which a reduced 
rate is specified in chapter 30 of title 38, that rate shall be further 
adjusted by the applicable percent specified in paragraph (4).
    ``(4) The adjusted educational assistance allowance under paragraph 
(2) or (3), as applicable, shall be--
        ``(A) 40 percent in the case of a member of a reserve component 
    who performed active service for 90 consecutive days but less than 
    one continuous year;
        ``(B) 60 percent in the case of a member of a reserve component 
    who performed active service for one continuous year but less than 
    two continuous years; or
        ``(C) 80 percent in the case of a member of a reserve component 
    who performed active service for two continuous years or more.
    ``(d) Maximum Months of Assistance.--(1) Subject to section 3695 of 
title 38, the maximum number of months of educational assistance that 
may be provided to any member under this chapter is 36 (or the 
equivalent thereof in part-time educational assistance).
    ``(2)(A) Notwithstanding any other provision of this chapter or 
chapter 36 of title 38, any payment of an educational assistance 
allowance described in subparagraph (B) shall not--
        ``(i) be charged against the entitlement of any individual 
    under this chapter; or
        ``(ii) be counted toward the aggregate period for which section 
    3695 of title 38 limits an individual's receipt of assistance.
    ``(B) The payment of the educational assistance allowance referred 
to in subparagraph (A) is the payment of such an allowance to the 
individual for pursuit of a course or courses under this chapter if the 
Secretary of Veterans Affairs finds that the individual--
        ``(i) had to discontinue such course pursuit as a result of 
    being ordered to serve on active duty under section 12301(a), 
    12301(d), 12301(g), 12302, or 12304 of this title; and
        ``(ii) failed to receive credit or training time toward 
    completion of the individual's approved educational, professional, 
    or vocational objective as a result of having to discontinue, as 
    described in clause (i), the individual's course pursuit.
    ``(C) The period for which, by reason of this subsection, an 
educational assistance allowance is not charged against entitlement or 
counted toward the applicable aggregate period under section 3695 of 
title 38 shall not exceed the portion of the period of enrollment in 
the course or courses for which the individual failed to receive credit 
or with respect to which the individual lost training time, as 
determined under subparagraph (B)(ii).

``Sec. 16163. Eligibility for educational assistance

    ``(a) Eligibility.--On or after September 11, 2001, a member of a 
reserve component is entitled to educational assistance under this 
chapter if the member--
        ``(1) served on active duty in support of a contingency 
    operation for 90 consecutive days or more; or
        ``(2) in the case of a member of the Army National Guard of the 
    United States or Air National Guard of the United States, performed 
    full time National Guard duty under section 502(f) of title 32 for 
    90 consecutive days or more when authorized by the President or 
    Secretary of Defense for the purpose of responding to a national 
    emergency declared by the President and supported by Federal funds.
    ``(b) Disabled Members.--Notwithstanding the eligibility 
requirements in subsection (a), a member who was ordered to active 
service as prescribed under subsection (a)(1) or (a)(2) but is released 
from duty before completing 90 consecutive days because of an injury, 
illness or disease incurred or aggravated in the line of duty shall be 
entitled to educational assistance under this chapter at the rate 
prescribed in section 16162(c)(4)(A) of this title.
    ``(c) Written Notification.--(1) Each member who becomes entitled 
to educational assistance under subsection (a) shall be given a 
statement in writing prior to release from active service that 
summarizes the provisions of this chapter and stating clearly and 
prominently the substance of section 16165 of this title as such 
section may apply to the member.
    ``(2) At the request of the Secretary of Veterans Affairs, the 
Secretary concerned shall transmit a notice of entitlement for each 
such member to that Secretary.
    ``(d) Bar From Dual Eligibility.--A member who qualifies for 
educational assistance under this chapter may not receive credit for 
such service under both the program established by chapter 30 of title 
38 and the program established by this chapter but shall make an 
irrevocable election (in such form and manner as the Secretary of 
Veterans Affairs may prescribe) as to the program to which such service 
is to be credited.
    ``(e) Bar From Duplication of Educational Assistance Allowance.--
(1) Except as provided in paragraph (2), an individual entitled to 
educational assistance under this chapter who is also eligible for 
educational assistance under chapter 1606 of this title, chapter 30, 
31, 32, or 35 of title 38, or under the Hostage Relief Act of 1980 
(Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance 
under more than one such programs and shall elect (in such form and 
manner as the Secretary concerned may prescribe) under which program 
the member elects to receive educational assistance.
    ``(2) The restriction on duplication of educational assistance 
under paragraph (1) does not apply to the entitlement of educational 
assistance under section 16131(i) of this title.

``Sec. 16164. Time limitation for use of entitlement

    ``(a) Duration of Entitlement.--Except as provided in subsection 
(b), a member remains entitled to educational assistance under this 
chapter while serving--
        ``(1) in the Selected Reserve of the Ready Reserve, in the case 
    of a member called or ordered to active service while serving in 
    the Selected Reserve; or
        ``(2) in the Ready Reserve, in the case of a member ordered to 
    active duty while serving in the Ready Reserve (other than the 
    Selected Reserve).
    ``(b) Duration of Entitlement for Disabled Members.--(1) In the 
case of a person who is separated from the Ready Reserve because of a 
disability which was not the result of the individual's own willful 
misconduct incurred on or after the date on which such person became 
entitled to educational assistance under this chapter, such person's 
entitlement to educational assistance expires at the end of the 10-year 
period beginning on the date on which such person became entitled to 
such assistance.
    ``(2) The provisions of subsections (d) and (f) of section 3031 of 
title 38 shall apply to the period of entitlement prescribed by 
paragraph (1).

``Sec. 16165. Termination of assistance

    ``Educational assistance may not be provided under this chapter, or 
if being provided under this chapter, shall be terminated--
        ``(1) if the member is receiving financial assistance under 
    section 2107 of this title as a member of the Senior Reserve 
    Officers' Training Corps program; or
        ``(2) when the member separates from the Ready Reserve, as 
    provided for under section 16164(a)(1) or section 16164(a)(2), as 
    applicable, of this title.

``Sec. 16166. Administration of program

    ``(a) Administration.--Educational assistance under this chapter 
shall be provided through the Department of Veterans Affairs, under 
agreements to be entered into by the Secretary of Defense, and by the 
Secretary of Homeland Security, with the Secretary of Veterans Affairs. 
Such agreements shall include administrative procedures to ensure the 
prompt and timely transfer of funds from the Secretary concerned to the 
Department of Veterans Affairs for the making of payments under this 
chapter.
    ``(b) Program Management.--Except as otherwise provided in this 
chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476, 
3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I 
and II of chapter 36 of such title (with the exception of sections 
3686(a), 3687, and 3692) shall be applicable to the provision of 
educational assistance under this chapter. The term `eligible veteran' 
and the term `person', as used in those provisions, shall be deemed for 
the purpose of the application of those provisions to this chapter to 
refer to a person eligible for educational assistance under this 
chapter.
    ``(c) Flight Training.--The Secretary of Veterans Affairs may 
approve the pursuit of flight training (in addition to a course of 
flight training that may be approved under section 3680A(b) of title 
38) by an individual entitled to educational assistance under this 
chapter if--
        ``(1) such training is generally accepted as necessary for the 
    attainment of a recognized vocational objective in the field of 
    aviation;
        ``(2) the individual possesses a valid private pilot 
    certificate and meets, on the day the member begins a course of 
    flight training, the medical requirements necessary for a 
    commercial pilot certificate; and
        ``(3) the flight school courses meet Federal Aviation 
    Administration standards for such courses and are approved by the 
    Federal Aviation Administration and the State approving agency.
    ``(d) Trust Fund.--Amounts for payments for benefits under this 
chapter shall be derived from the Department of Defense Education 
Benefits Fund under section 2006 of this title.''.
    (b) Conforming Amendments.--(1) Section 2006(b) of such title is 
amended--
        (A) in paragraph (1), by striking ``chapter 1606'' and 
    inserting ``chapters 1606 and 1607, including funds provided by the 
    Secretary of Homeland Security for education liabilities for the 
    Coast Guard when it is not operating as a service in the Department 
    of the Navy''; and
        (B) in paragraph (2)(C), by striking ``for educational 
    assistance under chapter 1606'' and inserting ``(including funds 
    from the Department in which the Coast Guard is operating) for 
    educational assistance under chapters 1606 and 1607''.
    (2) Section 3695(a)(5) of title 38, United States Code, is amended 
by inserting ``1607,'' after ``1606,''.
    (c) Clerical Amendment.--The tables of chapters at the beginning of 
subtitle E of title 10, United States Code, and at the beginning of 
part IV of such subtitle, are amended by inserting after the item 
relating to chapter 1606 the following new item:

``1607. Educational Assistance for Reserve Component Members 
Supporting Contingency Operations and Certain Other Operations..16161''.

SEC. 528. SENSE OF CONGRESS ON GUIDANCE CONCERNING TREATMENT OF 
              EMPLOYER-PROVIDED COMPENSATION AND OTHER BENEFITS 
              VOLUNTARILY PROVIDED TO EMPLOYEES WHO ARE ACTIVATED 
              RESERVISTS.

    (a) Sense of Congress.--It is the sense of Congress--
        (1) that the Secretary of the Treasury should provide guidance 
    with respect to treatment under the internal revenue laws of 
    payments made by employers to activated Reservist employees under 
    voluntary Reserve-employee differential pay arrangements, benefits 
    provided by employers to such employees, and contributions by 
    employers to employer-provided retirement savings plans related 
    thereto; and
        (2) that the guidance provided under paragraph (1) should, to 
    the extent possible within the Secretary's authority, be consistent 
    with the goal of promoting and ensuring the validity of voluntary 
    differential pay arrangements, benefits, and contributions referred 
    to in that paragraph.
    (b) Definitions.--For purposes of this section:
        (1) Voluntary reserve-employee differential pay arrangement.--
    The term ``voluntary Reserve-employee differential pay 
    arrangement'' means an arrangement by which an employer of an 
    activated Reservist employee voluntarily agrees to pay, and pays, 
    to that employee, while on active duty, amounts equivalent to the 
    difference (or some portion of the difference) between (A) the 
    compensation of that employee paid by the employer at the time of 
    the employee's activation for such active duty, and (B) that 
    employee's military compensation.
        (2) Activated reservist employee.--The term ``activated 
    Reservist employee'' means a member of a reserve component of the 
    Armed Forces who is on active duty under a call or order to active 
    duty (other than for training) and who at the time of such call or 
    order is employed in a position subject to chapter 43 of title 38, 
    United States Code (referred to as the Uniformed Services 
    Employment and Reemployment Rights Act of 1994 (USERRA)).

    Subtitle D--Joint Officer Management and Professional Military 
                               Education

SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVELOPMENT TO OVERALL 
              MISSIONS AND GOALS OF DEPARTMENT OF DEFENSE.

    (a) Plan Required.--(1) The Secretary of Defense shall develop a 
strategic plan for joint officer management and joint professional 
military education that links joint officer development to the 
accomplishment of the overall missions and goals of the Department of 
Defense, as set forth in the most recent national military strategy 
under section 153(d) of title 10, United States Code. Such plan shall 
be developed for the purpose of ensuring that sufficient numbers of 
officers fully qualified in occupational specialties involving combat 
operations are available as necessary to meet the needs of the 
Department for qualified officers who are operationally effective in 
the joint environment.
    (2) The Secretary shall develop the strategic plan with the advice 
of the Chairman of the Joint Chiefs of Staff.
    (b) Matters to be Included.--As part of the strategic plan under 
subsection (a), the Secretary shall include the following:
        (1) A statement of the levels of joint officer resources needed 
    to be available to properly support the overall missions of the 
    Department of Defense, with such resources to be specified by the 
    number of officers with the joint specialty, the number of officers 
    required for service in joint duty assignment positions, and the 
    training and education resources required.
        (2) An assessment of the available and projected joint officer 
    development resources (including officers, educational and training 
    resources, and availability of joint duty assignment positions and 
    tours of duty) necessary to achieve the levels specified under 
    paragraph (1).
        (3) Identification of any problems or issues arising from 
    linking resources for joint officer development to accomplishment 
    of the objective of meeting the levels specified under paragraph 
    (1) to resolve those problems and issues and plans.
        (4) A description of the process for identification of the 
    present and future requirements for joint specialty officers.
        (5) A description of the career development and management of 
    joint specialty officers and of any changes to be made to 
    facilitate achievement of the levels of resources specified in 
    paragraph (1), including additional education requirements, 
    promotion opportunities, and assignments to fill joint assignments.
        (6) An assessment of any problems or issues (and proposed 
    solutions for any such problems and issues) arising from linking 
    promotion eligibility to completion of joint professional military 
    education.
        (7) An assessment of any problems or issues (and proposed 
    solutions for any such problems and issues) arising from linking 
    prescribed lengths of joint duty assignments to qualification as 
    joint specialty officers.
        (8) An assessment of any problems or issues (and proposed 
    solutions for any such problems and issues) arising from current 
    law regarding expected rates of promotion for joint specialty 
    officers and officers who are serving in, or have served in, joint 
    duty assignments (other than those serving in, or who have served 
    in, the Joint Staff and joint specialty officers).
        (9) An assessment of any problems or issues (and proposed 
    solutions for any such problems and issues) arising from current 
    applicability of scientific and technical qualification waivers for 
    designation as joint specialty officers.
        (10) An assessment of the viability of the use of incentives 
    (such as awarding ribbons) to any person who successfully completes 
    a joint professional military education program of instruction.
        (11) An assessment of the feasibility and utility of a 
    comprehensive written examination as part of the evaluation 
    criteria for selection of officers for full-time attendance at an 
    intermediate or senior level service school.
        (12) An assessment of the effects on the overall educational 
    experience at the National Defense University of a small increase 
    in the number of private-sector civilians eligible to enroll in 
    instruction at the National Defense University.
        (13) An assessment of the propriety and implications in 
    providing joint specialty officer qualification to all qualifying 
    reserve offices who have achieved the statutory prerequisites.
    (c) Inclusion of Reserve Component Officers.--In developing the 
strategic plan required by subsection (a), the Secretary shall include 
joint officer development for officers on the reserve active-status 
list in the plan.
    (d) Report.--The Secretary shall submit the plan developed under 
this section to the Committees on Armed Services of the Senate and 
House of Representatives not later than January 15, 2006.
    (e) Additional Assessment.--Not later than January 15, 2007, the 
Secretary of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives, as a follow-on to the 
report under subsection (d), a report providing an assessment of, and 
initiatives to improve, the performance in joint matters of the 
following:
        (1) Senior civilian officers and employees in the Office of the 
    Secretary of Defense, the Defense Agencies, and the military 
    departments.
        (2) Senior noncommissioned officers.
        (3) Senior leadership in the reserve components.

SEC. 532. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN THE 
              DEPARTMENT OF DEFENSE.

    (a) In General.--Part III of subtitle A of title 10, United States 
Code, is amended--
        (1) by redesignating chapter 107 as chapter 106A; and
        (2) by inserting before chapter 108 the following new chapter:

             ``CHAPTER 107--PROFESSIONAL MILITARY EDUCATION

``Sec.
``2151. Definitions.
``2152. Professional military education: general requirements.
``2153. Capstone course: newly selected general and flag officers.
``2154. Joint professional military education: three-phase approach.
``2155. Joint professional military education phase II program of 
          instruction.
``2156. Joint Forces Staff College: duration of principal course of 
          instruction.
``2157. Annual report to Congress.

``Sec. 2151. Definitions

    ``(a) Joint Professional Military Education.--Joint professional 
military education consists of the rigorous and thorough instruction 
and examination of officers of the armed forces in an environment 
designed to promote a theoretical and practical in-depth understanding 
of joint matters and, specifically, of the subject matter covered. The 
subject matter to be covered by joint professional military education 
shall include at least the following:
            ``(1) National Military Strategy.
            ``(2) Joint planning at all levels of war.
            ``(3) Joint doctrine.
            ``(4) Joint command and control.
            ``(5) Joint force and joint requirements development.
    ``(b) Other Definitions.--In this chapter:
        ``(1) The term `senior level service school' means any of the 
    following:
            ``(A) The Army War College.
            ``(B) The College of Naval Warfare.
            ``(C) The Air War College.
            ``(D) The Marine Corps War College.
        ``(2) The term `intermediate level service school' means any of 
    the following:
            ``(A) The United States Army Command and General Staff 
        College.
            ``(B) The College of Naval Command and Staff.
            ``(C) The Air Command and Staff College.
            ``(D) The Marine Corps Command and Staff College.

``Sec. 2152. Joint professional military education: general 
            requirements

    ``(a) In General.--The Secretary of Defense shall implement a 
comprehensive framework for the joint professional military education 
of officers, including officers nominated under section 661 of this 
title for the joint specialty.

``Sec. 2153. Capstone course: newly selected general and flag officers

    ``(a) Requirement.--Each officer selected for promotion to the 
grade of brigadier general or, in the case of the Navy, rear admiral 
(lower half) shall be required, after such selection, to attend a 
military education course designed specifically to prepare new general 
and flag officers to work with the other armed forces.
    ``(b) Waiver Authority.--(1) Subject to paragraph (2), the 
Secretary of Defense may waive subsection (a)--
        ``(A) in the case of an officer whose immediately previous 
    assignment was in a joint duty assignment and who is thoroughly 
    familiar with joint matters;
        ``(B) when necessary for the good of the service;
        ``(C) in the case of an officer whose proposed selection for 
    promotion is based primarily upon scientific and technical 
    qualifications for which joint requirements do not exist (as 
    determined under regulations prescribed under section 619(e)(4) of 
    this title); and
        ``(D) in the case of a medical officer, dental officer, 
    veterinary officer, medical service officer, nurse, biomedical 
    science officer, or chaplain.
    ``(2) The authority of the Secretary of Defense to grant a waiver 
under paragraph (1) may only be delegated to the Deputy Secretary of 
Defense, an Under Secretary of Defense, or an Assistant Secretary of 
Defense. Such a waiver may be granted only on a case-by-case basis in 
the case of an individual officer.

``Sec. 2154. Joint professional military education: three-phase 
            approach

    ``(a) Three-Phase Approach.--The Secretary of Defense shall 
implement a three-phase approach to joint professional military 
education, as follows:
        ``(1) There shall be a course of instruction, designated and 
    certified by the Secretary of Defense with the advice and 
    assistance of the Chairman of the Joint Chiefs of Staff as Phase I 
    instruction, consisting of all the elements of a joint professional 
    military education (as specified in section 2151(a) of this title), 
    in addition to the principal curriculum taught to all officers at 
    an intermediate level service school.
        ``(2) There shall be a course of instruction, designated and 
    certified by the Secretary of Defense with the advice and 
    assistance of the Chairman of the Joint Chiefs of Staff as Phase II 
    instruction, consisting of a joint professional military education 
    curriculum taught in residence at--
            ``(A) the Joint Forces Staff College; or
            ``(B) a senior level service school that has been 
        designated and certified by the Secretary of Defense as a joint 
        professional military education institution.
        ``(3) There shall be a course of instruction, designated and 
    certified by the Secretary of Defense with the advice and 
    assistance of the Chairman of the Joint Chiefs of Staff as the 
    Capstone course, for officers selected for promotion to the grade 
    of brigadier general or, in the case of the Navy, rear admiral 
    (lower half) and offered in accordance with section 2153 of this 
    title.
    ``(b) Sequenced Approach.--The Secretary shall require the 
sequencing of joint professional military education so that the 
standard sequence of assignments for such education requires an officer 
to complete Phase I instruction before proceeding to Phase II 
instruction, as provided in section 2155(a) of this title.

``Sec. 2155. Joint professional military education phase II program of 
            instruction

    ``(a) Prerequisite of Completion of Joint Professional Military 
Education I Program of Instruction.--(1) After September 30, 2009, an 
officer of the armed forces may not be accepted for, or assigned to, a 
program of instruction designated by the Secretary of Defense as joint 
professional military education Phase II unless the officer has 
successfully completed a program of instruction designated by the 
Secretary of Defense as joint professional military education Phase I.
    ``(2) The Chairman of the Joint Chiefs of Staff may grant 
exceptions to the requirement under paragraph (1). Such an exception 
may be granted only on a case-by-case basis under exceptional 
circumstances, as determined by the Chairman. An officer selected to 
receive such an exception shall have knowledge of joint matters and 
other aspects of the Phase I curriculum that, to the satisfaction of 
the Chairman, qualifies the officer to meet the minimum requirements 
established for entry into Phase II instruction without first 
completing Phase I instruction. The number of officers selected to 
attend an offering of the principal course of instruction at the Joint 
Forces Staff College or a senior level service school designated by the 
Secretary of Defense as a joint professional military education 
institution who have not completed Phase I instruction should comprise 
no more than 10 percent of the total number of officers selected.
    ``(b) Phase II Requirements.--The Secretary shall require that the 
curriculum for Phase II joint professional military education at any 
school--
        ``(1) focus on developing joint operational expertise and 
    perspectives and honing joint warfighting skills; and
        ``(2) be structured --
            ``(A) so as to adequately prepare students to perform 
        effectively in an assignment to a joint, multiservice 
        organization; and
            ``(B) so that students progress from a basic knowledge of 
        joint matters learned in Phase I instruction to the level of 
        expertise necessary for successful performance in the joint 
        arena.
    ``(c) Curriculum Content.--In addition to the subjects specified in 
section 2151(a) of this title, the curriculum for Phase II joint 
professional military education shall include the following:
        ``(1) National security strategy.
        ``(2) Theater strategy and campaigning.
        ``(3) Joint planning processes and systems.
        ``(4) Joint, interagency, and multinational capabilities and 
    the integration of those capabilities.
    ``(d) Student Ratio; Faculty Ratio.--Not later than September 30, 
2009, for courses of instruction in a Phase II program of instruction 
that is offered at senior level service school that has been designated 
by the Secretary of Defense as a joint professional military education 
institution--
        ``(1) the percentage of students enrolled in any such course 
    who are officers of the armed force that administers the school may 
    not exceed 60 percent, with the remaining services proportionally 
    represented; and
        ``(2) of the faculty at the school who are active-duty officers 
    who provide instruction in such courses, the percentage who are 
    officers of the armed force that administers the school may not 
    exceed 60 percent, with the remaining services proportionally 
    represented.

``Sec. 2156. Joint Forces Staff College: duration of principal course 
            of instruction

    ``(a) Duration.--The duration of the principal course of 
instruction offered at the Joint Forces Staff College may not be less 
than 10 weeks of resident instruction.
    ``(b) Definition.--In this section, the term `principal course of 
instruction' means any course of instruction offered at the Joint 
Forces Staff College as Phase II joint professional military education.

``Sec. 2157. Annual report to Congress

    ``The Secretary of Defense shall include in the annual report of 
the Secretary to Congress under section 113(c) of this title, for the 
period covered by the report, the following information (which shall be 
shown for the Department of Defense as a whole and separately for the 
Army, Navy, Air Force, and Marine Corps and each reserve component):
        ``(1) The number of officers who successfully completed a joint 
    professional military education phase II course and were not 
    selected for promotion.
        ``(2) The number of officer students and faculty members 
    assigned by each service to the professional military schools of 
    the other services and to the joint schools.''.
    (b) Transfer of Other Provisions.--Subsections (b) and (c) of 
section 663 of title 10, United States Code, are transferred to section 
2152 of such title, as added by subsection (a), and added at the end 
thereof.
    (c) Conforming Amendments.--(1) Section 663 of such title, as 
amended by subsection (b), is further amended--
        (A) by striking subsections (a) and (e); and
        (B) by striking ``(d) Post-Education Joint Duty Assignments.--
    (1) The'' and inserting ``(a) Joint Specialty Officers.--The'';
        (C) by striking ``(2)(A) The Secretary'' and inserting ``(b) 
    Other Officers.--(1) The Secretary'';
        (D) by striking ``in subparagraph (B)'' and inserting ``in 
    paragraph (2)'';
        (E) by striking ``(B) The Secretary'' and inserting ``(2) The 
    Secretary''; and
        (F) by striking ``in subparagraph (A)'' and inserting ``in 
    paragraph (1)''.
    (2)(A) The heading of such section is amended to read as follows:

``Sec. 663. Joint duty assignments after completion of joint 
            professional military education''.

    (B) The item relating to that section in the table of sections at 
the beginning of chapter 38 of such title is amended to read as 
follows:

``663. Joint duty assignments after completion of joint professional 
          military education.''.

    (d) Conforming Repeal.--Section 1123(b) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 
103 Stat. 1556) is repealed.
    (e) Clerical Amendment.--The tables of chapters at the beginning of 
subtitle A, and at the beginning of part III of subtitle A, of title 
10, United States Code, are amended by striking the item relating to 
chapter 107 and inserting the following:

``106A. Educational Assistance for Persons Enlisting for Active 
Duty.............................................................. 2141 

``107. Professional Military Education  .........................2151''.

SEC. 533. JOINT REQUIREMENTS FOR PROMOTION TO FLAG OR GENERAL OFFICER 
              GRADE.

    (a) Effective Date for Joint Specialty Officer Requirement.--
Subsection (a)(2) of section 619a of title 10, United States Code, is 
amended by striking ``September 30, 2007'' and inserting ``September 
30, 2008''.
    (b) Exception to Joint Duty Requirement for Officers Serving in 
Joint Duty Assignment When Considered for Promotion.--Subsection (b)(4) 
of such section is amended by striking ``if--'' and all that follows 
through ``(B) the officer's'' and inserting ``if the officer's''.

SEC. 534. CLARIFICATION OF TOURS OF DUTY QUALIFYING AS A JOINT DUTY 
              ASSIGNMENT.

    (a) Joint Duty Assignment List.--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) Consecutive Tours of Duty in Joint Duty Assignments.--
Subsection (c) of such section is amended by striking ``within the same 
organization''.
    (c) Effective Date.--The amendment made by subsection (b) shall not 
apply in the case of a joint duty assignment completed by an officer 
before the date of the enactment of this Act, except in the case of an 
officer who has continued in joint duty assignments, without a break in 
service in such assignments, between the end of such assignment and the 
date of the enactment of this Act.

SEC. 535. TWO-YEAR EXTENSION OF TEMPORARY STANDARD FOR PROMOTION POLICY 
              OBJECTIVES FOR JOINT OFFICERS.

    Section 662(a)(2) of title 10, United States Code, is amended by 
striking ``December 27, 2004'' in subparagraphs (A) and (B) and 
inserting ``December 27, 2006''.

SEC. 536. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE REQUIREMENT THAT 
              RESERVE CHIEFS AND NATIONAL GUARD DIRECTORS HAVE 
              SIGNIFICANT JOINT DUTY EXPERIENCE.

    (a) Extension.--Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), 
8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are 
amended by striking ``December 31, 2004,'' and inserting ``December 31, 
2006,''.
    (b) Future Compliance.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Defense shall submit to the 
Committee on Armed Services of the House of Representatives and the 
Committee on Armed Services of the Senate a plan for ensuring that all 
officers selected after December 31, 2006, for recommendation for 
appointment as a Reserve chief or National Guard director have 
significant joint duty experience, as required by law, and may be so 
recommended without requirement for a wavier of such requirement. Such 
plan shall be developed in coordination with the Chairman of the Joint 
Chiefs of Staff.

                 Subtitle E--Military Service Academies

SEC. 541. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS SERVICE 
              ACADEMY SUPERINTENDENTS.

    (a) Authority to Waive Requirement That Officers Retire After 
Service as Superintendent.--Title 10, United States Code, is amended as 
follows:
        (1) Military academy.--Section 3921 is amended--
            (A) by inserting ``(a) Mandatory Retirement.--'' before 
        ``Upon the''; and
            (B) by adding at the end the following:
    ``(b) Waiver Authority.--The Secretary of Defense may waive the 
requirement in subsection (a) for good cause. In each case in which 
such a waiver is granted for an officer, the Secretary shall submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives a written notification of the waiver, with a statement 
of the reasons supporting the decision that the officer not retire, and 
a written notification of the intent of the President to nominate the 
officer for reassignment.''.
        (2) Naval academy.--Section 6371 is amended--
            (A) by inserting ``(a) Mandatory Retirement.--'' before 
        ``Upon the''; and
            (B) by adding at the end the following:
    ``(b) Waiver Authority.--The Secretary of Defense may waive the 
requirement in subsection (a) for good cause. In each case in which 
such a waiver is granted for an officer, the Secretary shall submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives a written notification of the waiver, with a statement 
of the reasons supporting the decision that the officer not retire, and 
a written notification of the intent of the President to nominate the 
officer for reassignment.''.
        (3) Air Force Academy.--Section 8921 is amended--
            (A) by inserting ``(a) Mandatory Retirement.--'' before 
        ``Upon the''; and
            (B) by adding at the end the following:
    ``(b) Waiver Authority.--The Secretary of Defense may waive the 
requirement in subsection (a) for good cause. In each case in which 
such a waiver is granted for an officer, the Secretary shall submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives a written notification of the waiver, with a statement 
of the reasons supporting the decision that the officer not retire, and 
a written notification of the intent of the President to nominate the 
officer for reassignment.''.
    (b) Minimum Three-Year Tour of Duty as Superintendent.--Title 10, 
United States Code, is amended as follows:
        (1) Military academy.--Section 4333a is amended--
            (A) by inserting ``(a) Retirement.--'' before ``As a'';
            (B) by inserting before the period at the end the 
        following: ``pursuant to section 3921(a) of this title, unless 
        such retirement is waived under section 3921(b) of this 
        title''; and
            (C) by adding at the end the following:
    ``(b) Minimum Tour of Duty.--An officer who is detailed to the 
position of Superintendent of the Academy shall be so detailed for a 
period of not less than three years. In any case in which an officer 
serving as Superintendent is reassigned or retires before having 
completed three years service as Superintendent, or otherwise leaves 
that position (other than due to death) without having completed three 
years service in that position, the Secretary of the Army shall submit 
to Congress notice that such officer left the position of 
Superintendent without having completed three years service in that 
position, together with a statement of the reasons why that officer did 
not complete three years service in that position.''.
        (2) Naval academy.--Section 6951a is amended--
            (A) by inserting before the period at the end of subsection 
        (b) the following: ``pursuant to section 6371(a) of this title, 
        unless such retirement is waived under section 6371(b) of this 
        title''; and
            (B) by adding at the end the following new subsection:
    ``(c) An officer who is detailed to the position of Superintendent 
shall be so detailed for a period of not less than three years. In any 
case in which an officer serving as Superintendent is reassigned or 
retires before having completed three years service as Superintendent, 
or otherwise leaves that position (other than due to death) without 
having completed three years service in that position, the Secretary of 
the Navy shall submit to Congress notice that such officer left the 
position of Superintendent without having completed three years service 
in that position, together with a statement of the reasons why that 
officer did not complete three years service in that position.''.
        (3) Air force academy.--Section 9333a is amended--
            (A) by inserting ``(a) Retirement.--'' before ``As a'';
            (B) by inserting before the period at the end the 
        following: ``pursuant to section 8921(a) of this title, unless 
        such retirement is waived under section 8921(b) of this 
        title''; and
            (C) by adding at the end the following:
    ``(b) Minimum Tour of Duty.--An officer who is detailed to the 
position of Superintendent of the Academy shall be so detailed for a 
period of not less than three years. In any case in which an officer 
serving as Superintendent is reassigned or retires before having 
completed three years service as Superintendent, or otherwise leaves 
that position (other than due to death) without having completed three 
years service in that position, the Secretary of the Air Force shall 
submit to Congress notice that such officer left the position of 
Superintendent without having completed three years service in that 
position, together with a statement of the reasons why that officer did 
not complete three years service in that position.''.
    (c) Clerical Amendments.--Title 10, United States Code, is amended 
as follows:
        (1)(A) The heading for section 3921 is amended to read as 
    follows:

``Sec. 3921. Mandatory retirement: Superintendent of the United States 
            Military Academy; waiver authority''.

        (B) The item relating to that section in the table of sections 
    at the beginning of chapter 367 is amended to read as follows:

``3921. Mandatory retirement: Superintendent of the United States 
          Military Academy; waiver authority.''.

        (2)(A) The heading for section 6371 is amended to read as 
    follows:

``Sec. 6371. Mandatory retirement: Superintendent of the United States 
            Naval Academy; waiver authority''.

        (B) The item relating to that section in the table of sections 
    at the beginning of chapter 573 is amended to read as follows:

``6371. Mandatory retirement: Superintendent of the United States Naval 
          Academy; waiver authority.''.

        (3)(A) The heading for section 8921 is amended to read as 
    follows:

``Sec. 8921. Mandatory retirement: Superintendent of the United States 
            Air Force Academy; waiver authority''.

        (B) The item relating to that section in the table of sections 
    at the beginning of chapter 867 is amended to read as follows:

``8921. Mandatory retirement: Superintendent of the United States Air 
          Force Academy; waiver authority.''.

SEC. 542. ACADEMIC QUALIFICATIONS OF THE DEAN OF THE FACULTY OF UNITED 
              STATES AIR FORCE ACADEMY.

    Section 9335(a) of title 10, United States Code, is amended by 
inserting before the period at the end of the second sentence the 
following: ``, except that a person may not be appointed or assigned as 
Dean unless that person holds the highest academic degree in that 
person's academic field''.

SEC. 543. BOARD OF VISITORS OF UNITED STATES AIR FORCE ACADEMY.

    Section 9355 of title 10, United States Code, is amended to read as 
follows:

``Sec. 9355. Board of Visitors

    ``(a) A Board of Visitors to the Academy is constituted annually. 
The Board consists of the following members:
        ``(1) Six persons designated by the President.
        ``(2) The chairman of the Committee on Armed Services of the 
    House of Representatives, or his designee.
        ``(3) Four persons designated by the Speaker of the House of 
    Representatives, three of whom shall be members of the House of 
    Representatives and the fourth of whom may not be a member of the 
    House of Representatives.
        ``(4) The chairman of the Committee on Armed Services of the 
    Senate, or his designee.
        ``(5) Three other members of the Senate designated by the Vice 
    President or the President pro tempore of the Senate, two of whom 
    are members of the Committee on Appropriations of the Senate.
    ``(b)(1) The persons designated by the President serve for three 
years each except that any member whose term of office has expired 
shall continue to serve until his successor is designated. The 
President shall designate persons each year to succeed the members 
designated by the President whose terms expire that year.
    ``(2) At least two of the members designated by the President shall 
be graduates of the Academy.
    ``(c)(1) If a member of the Board dies or resigns or is terminated 
as a member of the board under paragraph (2), a successor shall be 
designated for the unexpired portion of the term by the official who 
designated the member.
    ``(2)(A) If a member of the Board fails to attend two successive 
Board meetings, except in a case in which an absence is approved in 
advance, for good cause, by the Board chairman, such failure shall be 
grounds for termination from membership on the Board. A person 
designated for membership on the Board shall be provided notice of the 
provisions of this paragraph at the time of such designation.
    ``(B) Termination of membership on the Board under subparagraph 
(A)--
        ``(i) in the case of a member of the Board who is not a member 
    of Congress, may be made by the Board chairman; and
        ``(ii) in the case of a member of the Board who is a member of 
    Congress, may be made only by the official who designated the 
    member.
    ``(C) When a member of the Board is subject to termination from 
membership on the Board under subparagraph (A), the Board chairman 
shall notify the official who designated the member. Upon receipt of 
such a notification with respect to a member of the Board who is a 
member of Congress, the official who designated the member shall take 
such action as that official considers appropriate.
    ``(d) The Board should meet at least four times a year, with at 
least two of those meetings at the Academy. The Board or its members 
may make other visits to the Academy in connection with the duties of 
the Board. Board meetings should last at least one full day. Board 
members shall have access to the Academy grounds and the cadets, 
faculty, staff, and other personnel of the Academy for the purposes of 
the duties of the Board.
    ``(e)(1) The Board shall inquire into the morale, discipline, and 
social climate, the curriculum, instruction, physical equipment, fiscal 
affairs, academic methods, and other matters relating to the Academy 
that the Board decides to consider.
    ``(2) The Secretary of the Air Force and the Superintendent of the 
Academy shall provide the Board candid and complete disclosure, 
consistent with applicable laws concerning disclosure of information, 
with respect to institutional problems.
    ``(3) The Board shall recommend appropriate action.
    ``(f) The Board shall prepare a semiannual report containing its 
views and recommendations pertaining to the Academy, based on its 
meeting since the last such report and any other considerations it 
determines relevant. Each such report shall be submitted concurrently 
to the Secretary of Defense, through the Secretary of the Air Force, 
and to the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives.
    ``(g) Upon approval by the Secretary, the Board may call in 
advisers for consultation.
    ``(h) While performing duties as a member of the Board, each member 
of the Board and each adviser shall be reimbursed under Government 
travel regulations for travel expenses.''.

SEC. 544. APPROPRIATED FUNDS FOR SERVICE ACADEMY ATHLETIC AND 
              RECREATIONAL EXTRACURRICULAR PROGRAMS TO BE TREATED IN 
              SAME MANNER AS FOR MILITARY MORALE, WELFARE, AND 
              RECREATION 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. Mixed-funded athletic and recreational extracurricular 
            programs: authority to manage appropriated funds in same 
            manner as nonappropriated funds

    ``(a) Authority.--In the case of an Academy mixed-funded athletic 
or recreational extracurricular program, the Secretary of the Army may 
designate funds appropriated to the Department of the Army and 
available for that program to be treated as nonappropriated funds and 
expended for that program in accordance with laws applicable to the 
expenditure of nonappropriated funds. Appropriated funds so designated 
shall be considered to be nonappropriated funds for all purposes and 
shall remain available until expended.
    ``(b) Covered Programs.--In this section, the term `Academy mixed-
funded athletic or recreational extracurricular program' means an 
athletic or recreational extracurricular program of the Academy to 
which each of the following applies:
        ``(1) The program is not considered a morale, welfare, or 
    recreation program.
        ``(2) The program is supported through appropriated funds.
        ``(3) The program is supported by a nonappropriated fund 
    instrumentality.
        ``(4) The program is not a private organization and is not 
    operated by 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. Mixed-funded athletic and recreational extracurricular programs: 
          authority to manage appropriated funds in same manner as 
          nonappropriated funds.''.

    (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. Mixed-funded athletic and recreational extracurricular 
            programs: authority to manage appropriated funds in same 
            manner as nonappropriated funds

    ``(a) Authority.--In the case of a Naval Academy mixed-funded 
athletic or recreational extracurricular program, the Secretary of the 
Navy may designate funds appropriated to the Department of the Navy and 
available for that program to be treated as nonappropriated funds and 
expended for that program in accordance with laws applicable to the 
expenditure of nonappropriated funds. Appropriated funds so designated 
shall be considered to be nonappropriated funds for all purposes and 
shall remain available until expended.
    ``(b) Covered Programs.--In this section, the term `Naval Academy 
mixed-funded athletic or recreational extracurricular program' means an 
athletic or recreational extracurricular program of the Naval Academy 
to which each of the following applies:
        ``(1) The program is not considered a morale, welfare, or 
    recreation program.
        ``(2) The program is supported through appropriated funds.
        ``(3) The program is supported by a nonappropriated fund 
    instrumentality.
        ``(4) The program is not a private organization and is not 
    operated by 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. Mixed-funded athletic and recreational extracurricular programs: 
          authority to manage appropriated funds in same manner as 
          nonappropriated funds.''.

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

``Sec. 9359. Mixed-funded athletic and recreational extracurricular 
            programs: authority to manage appropriated funds in same 
            manner as nonappropriated funds

    ``(a) Authority.--In the case of an Academy mixed-funded athletic 
or recreational extracurricular program, the Secretary of the Air Force 
may designate funds appropriated to the Department of the Air Force and 
available for that program to be treated as nonappropriated funds and 
expended for that program in accordance with laws applicable to the 
expenditure of nonappropriated funds. Appropriated funds so designated 
shall be considered to be nonappropriated funds for all purposes and 
shall remain available until expended.
    ``(b) Covered Programs.--In this section, the term `Academy mixed-
funded athletic or recreational extracurricular program' means an 
athletic or recreational extracurricular program of the Academy to 
which each of the following applies:
        ``(1) The program is not considered a morale, welfare, or 
    recreation program.
        ``(2) The program is supported through appropriated funds.
        ``(3) The program is supported by a nonappropriated fund 
    instrumentality.
        ``(4) The program is not a private organization and is not 
    operated by 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:

``9359. Mixed-funded athletic and recreational extracurricular programs: 
          authority to manage appropriated funds in same manner as 
          nonappropriated funds.''.

    (d) Effective Date and Applicability.--Sections 4359, 6978, and 
9359 of title 10, United States Code, shall apply only with respect to 
funds appropriated for fiscal years after fiscal year 2004.

SEC. 545. CODIFICATION OF PROHIBITION ON IMPOSITION OF CERTAIN CHARGES 
              AND FEES AT THE SERVICE ACADEMIES.

    (a) United States Military Academy.--(1) Chapter 403 of title 10, 
United States Code, as amended by 544(a)(1), is further amended by 
adding at the end the following new section:

``Sec. 4360. Cadets: charges and fees for attendance; limitation

    ``(a) Prohibition.--Except as provided in subsection (b), no charge 
or fee for tuition, room, or board for attendance at the Academy may be 
imposed unless the charge or fee is specifically authorized by a law 
enacted after October 5, 1994.
    ``(b) Exception.--The prohibition specified in subsection (a) does 
not apply with respect to any item or service provided to cadets for 
which a charge or fee is imposed as of October 5, 1994. The Secretary 
of Defense shall notify Congress of any change made by the Academy in 
the amount of a charge or fee authorized under this subsection.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding after the item added by section 544(a)(2) the 
following new item:

``4360. Cadets: charges and fees for attendance; limitation.''.

    (b) United States Naval Academy.--(1) Chapter 603 of title 10, 
United States Code, as amended by 544(b)(1), is further amended by 
adding at the end the following new section:

``Sec. 6979. Midshipmen: charges and fees for attendance; limitation

    ``(a) Prohibition.--Except as provided in subsection (b), no charge 
or fee for tuition, room, or board for attendance at the Naval Academy 
may be imposed unless the charge or fee is specifically authorized by a 
law enacted after October 5, 1994.
    ``(b) Exception.--The prohibition specified in subsection (a) does 
not apply with respect to any item or service provided to midshipmen 
for which a charge or fee is imposed as of October 5, 1994. The 
Secretary of Defense shall notify Congress of any change made by the 
Naval Academy in the amount of a charge or fee authorized under this 
subsection.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding after the item added by section 544(b)(2) the 
following new item:

``6979. Midshipmen: charges and fees for attendance; limitation.''.

    (c) United States Air Force Academy.--(1) Chapter 903 title 10, 
United States Code, as amended by 544(c)(1), is further amended by 
adding at the end the following new section:

``Sec. 9360. Cadets: charges and fees for attendance; limitation

    ``(a) Prohibition.--Except as provided in subsection (b), no charge 
or fee for tuition, room, or board for attendance at the Academy may be 
imposed unless the charge or fee is specifically authorized by a law 
enacted after October 5, 1994.
    ``(b) Exception.--The prohibition specified in subsection (a) does 
not apply with respect to any item or service provided to cadets for 
which a charge or fee is imposed as of October 5, 1994. The Secretary 
of Defense shall notify Congress of any change made by the Academy in 
the amount of a charge or fee authorized under this subsection.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding after the item added by section 544(c)(2) the 
following new item:

``9360. Cadets: charges and fees for attendance; limitation.''.

    (d) United States Coast Guard Academy.--(1) Chapter 9 of title 14, 
United States Code, is amended by adding at the end the following new 
section:

``Sec. 197. Cadets: charges and fees for attendance; limitation

    ``(a) Prohibition.--Except as provided in subsection (b), no charge 
or fee for tuition, room, or board for attendance at the Academy may be 
imposed unless the charge or fee is specifically authorized by a law 
enacted after October 5, 1994.
    ``(b) Exception.--The prohibition specified in subsection (a) does 
not apply with respect to any item or service provided to cadets for 
which a charge or fee is imposed as of October 5, 1994. The Secretary 
of Homeland Security shall notify Congress of any change made by the 
Academy in the amount of a charge or fee authorized under this 
subsection.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``197. Cadets: charges and fees for attendance; limitation.''.

    (e) United States Merchant Marine Academy.--Section 1303 of the 
Merchant Marine Act, 1936 (46 U.S.C. App. 1295b), is amended by adding 
at the end the following new subsection:
    ``(j) Limitation on Charges and Fees for Attendance.--
        ``(1) Except as provided in paragraph (2), no charge or fee for 
    tuition, room, or board for attendance at the Academy may be 
    imposed unless the charge or fee is specifically authorized by a 
    law enacted after October 5, 1994.
        ``(2) The prohibition specified in paragraph (1) does not apply 
    with respect to any item or service provided to cadets for which a 
    charge or fee is imposed as of October 5, 1994. The Secretary of 
    Transportation shall notify Congress of any change made by the 
    Academy in the amount of a charge or fee authorized under this 
    paragraph.''.
    (f) Repeal of Codified Provision.--Section 553 of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 
U.S.C. 4331 note) is repealed.

            Subtitle F--Other Education and Training Matters

SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PROGRAM.

    (a) Codification and Extension of Army Program.--(1) Chapter 31 of 
title 10, United States Code, is amended by inserting after section 510 
the following new section:

``Sec. 511. College First Program

    ``(a) Program Authority.--The Secretary of each military department 
may establish a program to increase the number of, and the level of the 
qualifications of, persons entering the armed forces as enlisted 
members by encouraging recruits to pursue higher education or 
vocational or technical training before entry into active service.
    ``(b) Delayed Entry With Allowance for Higher Education.--The 
Secretary concerned may--
        ``(1) exercise the authority under section 513 of this title--
            ``(A) to accept the enlistment of a person as a Reserve for 
        service in the Selected Reserve or Individual Ready Reserve of 
        a reserve component, notwithstanding the scope of the authority 
        under subsection (a) of that section, in the case of the Army 
        National Guard of the United States or Air National Guard of 
        the United States; and
            ``(B) to authorize, notwithstanding the period limitation 
        in subsection (b) of that section, a delay of the enlistment of 
        any such person in a regular component under that subsection 
        for the period during which the person is enrolled in, and 
        pursuing a program of education at, an institution of higher 
        education, or a program of vocational or technical training, on 
        a full-time basis that is to be completed within the maximum 
        period of delay determined for that person under subsection 
        (c); and
        ``(2) subject to paragraph (2) of subsection (d) and except as 
    provided in paragraph (3) of that subsection, pay an allowance to a 
    person accepted for enlistment under paragraph (1)(A) for each 
    month of the period during which that person is enrolled in and 
    pursuing a program described in paragraph (1)(B).
    ``(c) Maximum Period of Delay.--The period of delay authorized a 
person under paragraph (1)(B) of subsection (b) may not exceed the 30-
month period beginning on the date of the person's enlistment accepted 
under paragraph (1)(A) of such subsection.
    ``(d) Allowance.--(1) The monthly allowance paid under subsection 
(b)(2) shall be equal to the amount of the subsistence allowance 
provided for certain members of the Senior Reserve Officers' Training 
Corps with the corresponding number of years of participation under 
section 209(a) of title 37. The Secretary concerned may supplement that 
stipend by an amount not to exceed $225 per month.
    ``(2) An allowance may not be paid to a person under this section 
for more than 24 months.
    ``(3) A member of the Selected Reserve of a reserve component may 
be paid an allowance under this section only for months during which 
the member performs satisfactorily as a member of a unit of the reserve 
component that trains as prescribed in section 10147(a)(1) of this 
title or section 502(a) of title 32. Satisfactory performance shall be 
determined under regulations prescribed by the Secretary concerned.
    ``(4) An allowance under this section is in addition to any other 
pay or allowance to which a member of a reserve component is entitled 
by reason of participation in the Ready Reserve of that component.
    ``(e) Recoupment of Allowance.--(1) A person who, after receiving 
an allowance under this section, fails to complete the total period of 
service required of that person in connection with delayed entry 
authorized for the person under section 513 shall repay the United 
States the amount which bears the same ratio to the total amount of 
that allowance paid to the person as the unserved part of the total 
required period of service bears to the total period.
    ``(2) An obligation to repay the United States imposed under 
paragraph (1) is for all purposes a debt owed to the United States.
    ``(3) A discharge of a person in bankruptcy under title 11 that is 
entered less than five years after the date on which the person was, or 
was to be, enlisted in the regular Army pursuant to the delayed entry 
authority under section 513 does not discharge that person from a debt 
arising under paragraph (1).
    ``(4) The Secretary concerned may waive, in whole or in part, a 
debt arising under paragraph (1) in any case for which the Secretary 
determines that recovery would be against equity and good conscience or 
would be contrary to the best interests of the United States.
    ``(f) Special Pay and Bonuses.--Upon enlisting in the regular 
component of the member's armed force, a person who initially enlisted 
as a Reserve under this section may, at the discretion of the Secretary 
concerned, be eligible for all regular special pays, bonuses, education 
benefits, and loan repayment programs.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 510 the 
following new item:

``511. College First Program.''.

    (b) Continuation for Army of Prior Army College First Program.--The 
Secretary of the Army shall treat the program under section 511 of 
title 10, United States Code, as added by subsection (a), as a 
continuation of the program under section 573 of the National Defense 
Authorization Act for Fiscal Year 2000 (10 U.S.C. 513 note), and for 
such purpose the Secretary may treat such section 511 as having been 
enacted on October 1, 2004.

SEC. 552. SENIOR RESERVE OFFICERS' TRAINING CORPS AND RECRUITER ACCESS 
              AT INSTITUTIONS OF HIGHER EDUCATION.

    (a) Equal Treatment of Military Recruiters With Other Recruiters.--
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 
    access to campuses and to students that is provided to any other 
    employer''.
    (b) Prohibition of Funding for Post-secondary Schools That Prevent 
ROTC Access or Military Recruiting.--(1) Subsection (d) of such section 
is amended--
        (A) in paragraph (1)--
            (i) by striking ``limitation established in subsection (a) 
        applies'' and inserting ``limitations established in 
        subsections (a) and (b) apply'';
            (ii) in subparagraph (B), by inserting ``for any department 
        or agency for which regular appropriations are made'' after 
        ``made available''; and
            (iii) by adding at the end the following new subparagraphs:
        ``(C) Any funds made available for the Department of Homeland 
    Security.
        ``(D) Any funds made available for the National Nuclear 
    Security Administration of the Department of Energy.
        ``(E) Any funds made available for the Department of 
    Transportation.
        ``(F) Any funds made available for the Central Intelligence 
    Agency.''; and
        (B) by striking paragraph (2).
    (2)(A) Subsection (b) of such section is amended by striking 
``subsection (d)(2)'' and inserting ``subsection (d)(1)''.
    (B) Subsection (e) of such section is amended by inserting ``, to 
the head of each other department and agency the funds of which are 
subject to the determination,'' after ``Secretary of Education''.
    (c) Codification and Extension of Exclusion Of Amounts to Cover 
Individual Payments.--Subsection (d) of such section, as amended by 
subsection (b)(1), is further amended--
        (1) by striking ``The'' after ``(1)'' and inserting ``Except as 
    provided in paragraph (2), the''; and
        (2) by adding at the end the following new paragraph:
    ``(2) Any Federal funding specified in paragraph (1) that is 
provided to an institution of higher education, or to an individual, to 
be available solely for student financial assistance, related 
administrative costs, or costs associated with attendance, may be used 
for the purpose for which the funding is provided.''.
    (d) Conforming Amendments.--Subsections (a) and (b) of such section 
are amended by striking ``(including a grant of funds to be available 
for student aid)''.
    (e) 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.
    (f) Effective Date.--The amendments made by this section shall 
apply with respect to funds appropriated for fiscal year 2005 and 
thereafter.

SEC. 553. TUITION ASSISTANCE FOR OFFICERS.

    (a) Authority To Reduce or Waive Active Duty Service Obligation.--
Subsection (b) of section 2007 of title 10, United States Code, is 
amended--
        (1) by inserting ``(1)'' after ``(b)'';
        (2) by inserting ``or full-time National Guard duty'' after 
    ``active duty'' each place it appears; and
        (2) by adding at the end the following new paragraph:
    ``(2) Notwithstanding paragraph (1), the Secretary of the military 
department may reduce or waive the active duty service obligation--
        ``(A) in the case of a commissioned officer who is subject to 
    mandatory separation;
        ``(B) in the case of a commissioned officer who has completed 
    the period of active duty service in support of a contingency 
    operation; or
        ``(C) in other exigent circumstances as determined by the 
    Secretary.''.
    (b) Increase in Tuition Assistance Authorized for Army Officers in 
the Selected Reserve.--Paragraph (1) of section 2007(c) of title 10, 
United States Code, is amended to read as follows:
    ``(1) Subject to paragraphs (2) and (3), the Secretary of the Army 
may pay the charges of an educational institution for the tuition or 
expenses of an officer in the Selected Reserve of the Army National 
Guard or the Army Reserve for education or training of such officer.''.
    (c) Effective Date.--The amendment made by subsection (a) may, at 
the discretion of the Secretary concerned, be applied to a service 
obligation incurred by an officer serving on active duty as of the date 
of the enactment of this Act.

SEC. 554. 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. 555. 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: Academy cadets and midshipmen; 
            members of, and designated applicants for membership in, 
            Senior ROTC

    ``(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) A member of, and a designated applicant for membership 
    in, the Senior Reserve Officers' Training Corps who incurs or 
    aggravates an injury, illness, or disease--
            ``(A) in the line of duty while performing duties under 
        section 2109 of this title;
            ``(B) while traveling directly to or from the place at 
        which that member or applicant is to perform or has performed 
        duties pursuant to section 2109 of this title; or
            ``(C) in the line of duty while remaining overnight 
        immediately before the commencement of duties performed 
        pursuant to section 2109 of this title or, while remaining 
        overnight, between successive periods of performing duties 
        pursuant to section 2109 of this title, at or in the vicinity 
        of the site of the duties performed pursuant to section 2109 of 
        this title, if the site is outside reasonable commuting 
        distance from the residence of the member or designated 
        applicant.
    ``(b) Benefits.--A person eligible for benefits under 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 for Gross Negligence or Misconduct.--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: Academy cadets and midshipmen; members 
          of, and designated applicants for membership in, Senior 
          ROTC.''.

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

``Sec. 1217. Academy cadets and midshipmen: 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, 
but only with respect to physical disabilities incurred after the date 
of the enactment of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005.
    ``(b) Monthly cadet pay and monthly midshipman pay under section 
203(c) of title 37 shall be considered to be basic pay for purposes of 
this chapter and the computation of retired pay and severance and 
separation pay to which entitlement is established under this 
chapter.''.
    (2) The item related to section 1217 in the table of sections at 
the beginning of chapter 61 of such title is amended to read as 
follows:

``1217. Academy cadets and midshipmen: applicability of chapter.''.

SEC. 556. TRANSFER OF AUTHORITY TO CONFER DEGREES UPON GRADUATES OF THE 
              COMMUNITY COLLEGE OF THE AIR FORCE.

    (a) Transfer to Commander of Air University.--Subsection (a) of 
section 9317 of title 10, United States Code, is amended--
        (1) by striking ``may confer--'' and inserting ``may confer 
    academic degrees as follows:'';
        (2) by striking ``the'' in paragraphs (1), (2), and (3) after 
    the paragraph designation and inserting ``The'';
        (3) by striking the semicolon at the end of paragraph (1) and 
    inserting a period;
        (4) by striking ``; and'' at the end of paragraph (2) and 
    inserting a period; and
        (5) by adding at the end the following new paragraph:
        ``(4) An academic degree at the level of associate upon 
    graduates of the Community College of the Air Force who fulfill the 
    requirements for that degree.''.
    (b) Conforming Amendment.--Subsection (c) of section 9315 of such 
title is amended to read as follows:
    ``(c) Associate Degrees.--(1) Subject to paragraph (2), an academic 
degree at the level of associate may be conferred under section 9317 of 
this title upon any enlisted member who has completed a program 
prescribed by the Community College of the Air Force.
    ``(2) No degree may be conferred upon any enlisted member under 
this section unless the Secretary of Education determines that the 
standards for the award of academic degrees in agencies of the United 
States have been met.''.
    (c) Clerical Amendments.--(1) The heading of section 9317 of such 
title is amended to read as follows:

``Sec. 9317. Air University: 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. 557. CHANGE IN TITLES OF LEADERSHIP POSITIONS AT 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)(A) Section 7042 of title 10, United States Code, is amended by 
striking ``Superintendent'' each place it appears in the text and 
inserting ``President''.
    (B) The heading of such section is amended to read as follows:

``Sec. 7042. President; assistants''.

    (4)(A) Section 7044 of such title is amended by striking 
``Superintendent'' and inserting ``President of the school''.
    (B) Sections 7048(a) and 7049(e) of such title are amended by 
striking ``Superintendent'' and inserting ``President''.
    (b) Designation of 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 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 shall 
consider any recommendation of the leadership and faculty of the Naval 
Postgraduate School regarding an appointment to that 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)(A) 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''.
    (B) Subsection (b) of such section is amended by striking 
``Academic Dean'' and inserting ``Provost and Academic Dean''.
    (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.''.

   Subtitle G--Assistance to Local Educational Agencies for Defense 
                          Dependents Education

SEC. 558. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF DEPENDENTS 
              OF CERTAIN MEMBERS DESPITE CHANGE IN STATUS OF MEMBER.

    (a) Special Rule.--For purposes of computing the amount of a 
payment for an eligible local educational agency under subsection (a) 
of section 8003 of the Elementary and Secondary Education Act (20 
U.S.C. 7703) for school year 2004-2005, the Secretary of Education 
shall continue to count as a child enrolled in a school of such agency 
under such subsection any child who--
        (1) would be counted under paragraph (1)(B) of such subsection 
    to determine the number of children who were in average daily 
    attendance in the school; but
        (2) due to the deployment of both parents or legal guardians of 
    the child, the deployment of a parent or legal guardian having sole 
    custody of the child, or the death of a military parent or legal 
    guardian while on active duty (so long as the child resides on 
    Federal property (as defined in section 8013(5) of such Act (20 
    U.S.C. 7713(5))), is not eligible to be so counted.
    (b) Termination.--The special rule provided under subsection (a) 
applies only so long as the children covered by such subsection remain 
in average daily attendance at a school in the same local educational 
agency they attended before their change in eligibility status.

SEC. 559. 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. 560. 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).

     Subtitle H--Medals and Decorations and Special Promotions and 
                              Appointments

SEC. 561. 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. 562. 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.

SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL CHARLES E. YEAGER, 
              UNITED STATES AIR FORCE (RETIRED), TO THE GRADE OF MAJOR 
              GENERAL ON THE RETIRED LIST.

    The President is authorized to appoint, by and with the advice and 
consent of the Senate, Brigadier General Charles E. Yeager, United 
States Air Force (retired), to the grade of major general on the 
retired list of the Air Force. Any such appointment shall not affect 
the retired pay or other benefits of Charles E. Yeager or any benefits 
to which any other person is or may become entitled based upon his 
service.

SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE GRADE OF 
              MAJOR GENERAL IN THE ARMY.

    (a) Authority.--The President, by and with the advice and consent 
of the Senate, may issue posthumously a commission as major general, 
United States Army, in the name of the late William Mitchell, formerly 
a colonel, United States Army, who resigned his commission on February 
1, 1926.
    (b) Date of Commission.--A commission issued under subsection (a) 
shall issue as of the date of the death of William Mitchell on February 
19, 1936.
    (c) Prohibition of Benefits.--No person is entitled to receive any 
bonus, gratuity, pay, allowance, or other financial benefit by reason 
of the enactment of this section.

                      Subtitle I--Military Voting

SEC. 566. 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) State Responsibilities.--Section 102(a)(3) of such Act (42 
U.S.C. 1973ff-1(a)(3)) is amended by striking ``overseas voters'' and 
inserting ``absent uniformed services voters and overseas voters''.
    (c) 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) in the case of a ballot submitted by an overseas voter 
    who is not an absent uniformed services voter, if the ballot is 
    submitted from any location in the United States;
        ``(2) 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
        ``(3) 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''.
    (d) 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. 567. REPEAL OF REQUIREMENT TO CONDUCT ELECTRONIC VOTING 
              DEMONSTRATION PROJECT FOR THE FEDERAL ELECTION TO BE HELD 
              IN NOVEMBER 2004.

    The first sentence of section 1604(a)(2) of the National Defense 
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 
1277; 42 U.S.C. 1977ff note) is amended by striking ``until the 
regularly scheduled general election for Federal office for November 
2004'' and inserting the following: ``until the first regularly 
scheduled general election for Federal office which occurs after the 
Election Assistance Commission notifies the Secretary that the 
Commission has established electronic absentee voting guidelines and 
certifies that it will assist the Secretary in carrying out the 
project''.

SEC. 568. REPORTS ON OPERATION OF FEDERAL VOTING ASSISTANCE PROGRAM AND 
              MILITARY POSTAL SYSTEM.

    (a) Reports on Program and System.--(1) Not later than 60 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report on the actions that the Secretary has 
taken to ensure that the Federal Voting Assistance Program carried out 
under the Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff et seq.) 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.
    (2) Not later than 60 days after the date of the submission of the 
report required by paragraph (1), the Secretary of Defense shall submit 
to Congress a report on the actions that the Secretary has taken to 
ensure that the military postal system functions effectively to support 
the morale of members referred to in such paragraph and their ability 
to vote by absentee ballot.
    (b) Report on Implementation of 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 specifying--
        (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 recommendation not implemented or not 
    fully implemented as of the date of the submission of the report, 
    the reasons for not implementing or not fully implementing the 
    recommendation, as the case may be.

                  Subtitle J--Military Justice Matters

SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COVERED BY UNIFORM CODE OF 
              MILITARY JUSTICE.

    (a) Review Required.--The Secretary of Defense shall review the 
Uniform Code of Military Justice and the Manual for Courts-Martial with 
the objective of determining what changes are required to improve the 
ability of the military justice system to address issues relating to 
sexual assault and to conform the Uniform Code of Military Justice and 
the Manual for Courts-Martial more closely to other Federal laws and 
regulations that address such issues.
    (b) Report.--Not later than March 1, 2005, the Secretary shall 
submit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives a report on 
the review carried out under subsection (a). The report shall include 
the recommendations of the Secretary for revisions to the Uniform Code 
of Military Justice and, for each such revision, the rationale behind 
that revision.

SEC. 572. 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. 573. PROCESSING OF FORENSIC EVIDENCE COLLECTION KITS AND 
              ACQUISITION OF SUFFICIENT STOCKS OF SUCH KITS.

    (a) Elimination of Backlog, Etc.--The Secretary of Defense shall 
take such steps as may be necessary to ensure that--
        (1) the United States Army Criminal Investigation Laboratory 
    has the personnel and resources to effectively process forensic 
    evidence used by the Department of Defense within 60 days of 
    receipt by the laboratory of such evidence;
        (2) consistent policies are established among the Armed Forces 
    to reduce the time period between the collection of forensic 
    evidence and the receipt and processing of such evidence by United 
    States Army Criminal Investigation Laboratory; and
        (3) there is an adequate supply of forensic evidence collection 
    kits--
            (A) for all United States military installations, including 
        the military service academies; and
            (B) for units of the Armed Forces deployed in theaters of 
        operation.
    (b) Training.--The Secretary shall take such measures as the 
Secretary considers appropriate to ensure that personnel are 
appropriately trained--
        (1) in the use of forensic evidence collection kits; and
        (2) in the prescribed procedures to ensure protection of the 
    chain of custody of such kits once used.

SEC. 574. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.

    (a) Department of the Army.--Section 3037 of title 10, United 
States Code, is amended--
        (1) in subsection (a), by striking the second and third 
    sentences and inserting ``The term of office of the Judge Advocate 
    General and the Assistant Judge Advocate General is four years.''; 
    and
        (2) by adding at the end the following new subsection:
    ``(e) No officer or employee of the Department of Defense may 
interfere with--
        ``(1) the ability of the Judge Advocate General to give 
    independent legal advice to the Secretary of the Army or the Chief 
    of Staff of the Army; or
        ``(2) the ability of judge advocates of the Army assigned or 
    attached to, or performing duty with, military units to give 
    independent legal advice to commanders.''.
    (b) Department of the Navy.--(1) Section 5148 of such title is 
amended by adding at the end the following new subsection:
    ``(e) No officer or employee of the Department of Defense may 
interfere with--
        ``(1) the ability of the Judge Advocate General to give 
    independent legal advice to the Secretary of the Navy or the Chief 
    of Naval Operations; or
        ``(2) the ability of judge advocates of the Navy assigned or 
    attached to, or performing duty with, military units to give 
    independent legal advice to commanders.''.
    (2) Section 5046 of such title is amended by adding at the end the 
following new subsection:
    ``(c) No officer or employee of the Department of Defense may 
interfere with--
        ``(1) the ability of the Staff Judge Advocate to the Commandant 
    of the Marine Corps to give independent legal advice to the 
    Commandant of the Marine Corps; or
        ``(2) the ability of judge advocates of the Marine Corps 
    assigned or attached to, or performing duty with, military units to 
    give independent legal advice to commanders.''.
    (c) Department of the Air Force.--Section 8037 of title 10, United 
States Code, is amended--
        (1) in subsection (a), by striking ``, but may be'' in the 
    second sentence and all that follows in that sentence through 
    ``President'';
        (2) in subsection (c)--
            (A) by striking ``shall'' in the matter preceding paragraph 
        (1);
            (B) by striking paragraph (2);
            (C) by redesignating paragraph (1) as paragraph (3) and in 
        that paragraph--
                (i) inserting ``shall'' before ``receive,''; and
                (ii) by striking ``; and'' at the end and inserting a 
            period; and
            (D) by inserting before paragraph (3), as so redesignated, 
        the following new paragraphs:
        ``(1) is the legal adviser of the Secretary of the Air Force 
    and of all officers and agencies of the Department of the Air 
    Force;
        ``(2) shall direct the officers of the Air Force designated as 
    judge advocates in the performance of their duties; and'';
        (3) in subsection (d)(1), by striking ``, but may be'' in the 
    second sentence and all that follows in that sentence through 
    ``President''; and
        (4) by adding at the end the following new subsection:
    ``(f) No officer or employee of the Department of Defense may 
interfere with--
        ``(1) the ability of the Judge Advocate General to give 
    independent legal advice to the Secretary of the Air Force or the 
    Chief of Staff of the Air Force; or
        ``(2) the ability of officers of the Air Force who are 
    designated as judge advocates who are assigned or attached to, or 
    performing duty with, military units to give independent legal 
    advice to commanders.''.
    (d) Independent Review.--(1) The Secretary of Defense shall 
establish an independent panel of outside experts to conduct a study 
and review of the relationships between the legal elements of each of 
the military departments and to prepare a report setting forth the 
panel's recommendations as to statutory, regulatory, and policy changes 
that the panel considers to be desirable to improve the effectiveness 
of those relationships and to enhance the legal support provided to the 
leadership of each military department and each of the Armed Forces.
    (2) The panel shall be composed of seven members, appointed by the 
Secretary of Defense from among private United States citizens who have 
substantial expertise in military law and the organization and 
functioning of the military departments. No more than one member of the 
panel may have served as the Judge Advocate General of an Armed Force, 
and no more than one member of the panel may have served as the General 
Counsel of a military department.
    (3) The Secretary of Defense shall designate the chairman of the 
panel from among the members of the panel other than a member who has 
served as a Judge Advocate General or as a military department General 
Counsel.
    (4) Members shall be appointed for the life of the panel. Any 
vacancy in the panel shall be filled in the same manner as the original 
appointment.
    (5) The panel shall meet at the call of the chairman.
    (6) All original appointments to the panel shall be made by January 
15, 2005. The chairman shall convene the first meeting of the panel not 
later than February 1, 2005.
    (7) In carrying out the study and review required by paragraph (1), 
the panel shall--
        (A) review the history of relationships between the uniformed 
    and civilian legal elements of each of the Armed Forces;
        (B) analyze the division of duties and responsibilities between 
    those elements in each of the Armed Forces;
        (C) review the situation with respect to civilian attorneys 
    outside the offices of the service general counsels and their 
    relationships to the Judge Advocates General and the General 
    Counsels;
        (D) consider whether the ability of judge advocates to give 
    independent, professional legal advice to their service staffs and 
    to commanders at all levels in the field is adequately provided for 
    by policy and law; and
        (E) consider whether the Judge Advocates General and General 
    Counsels possess the necessary authority to exercise professional 
    supervision over judge advocates, civilian attorneys, and other 
    legal personnel practicing under their cognizance in the 
    performance of their duties.
    (8) Not later than April 15, 2005, the panel shall submit a report 
on the study and review required by paragraph (1) to the Secretary of 
Defense. The report shall include the findings and conclusions of the 
panel as a result of the study and review, together with any 
recommendations for legislative or administrative action that the panel 
considers appropriate. The Secretary of Defense shall transmit the 
report, together with any comments the Secretary wishes to provide, to 
the Committees on Armed Services of the Senate and House of 
Representatives not later than May 1, 2005.
    (9) In this section, the term ``Armed Forces'' does not include the 
Coast Guard.

             Subtitle K--Sexual Assault in the Armed Forces

SEC. 576. EXAMINATION OF SEXUAL ASSAULT IN THE ARMED FORCES BY THE 
              DEFENSE TASK FORCE ESTABLISHED TO EXAMINE SEXUAL 
              HARASSMENT AND VIOLENCE AT THE MILITARY SERVICE 
              ACADEMIES.

    (a) Extension of Task Force.--(1) The task force in the Department 
of Defense established by the Secretary of Defense pursuant to section 
526 of the National Defense Authorization Act for Fiscal Year 2004 
(Public Law 108-136; 117 Stat. 1466) to examine matters relating to 
sexual harassment and violence at the United States Military Academy 
and United States Naval Academy shall continue in existence for a 
period of at least 18 months after the date as of which the task force 
would otherwise be terminated pursuant to subsection (i) of that 
section.
    (2) Upon the completion of the functions of the task force referred 
to in paragraph (1) pursuant to section 526 of the National Defense 
Authorization Act for Fiscal Year 2004, the name of the task force 
shall be changed to the Defense Task Force on Sexual Assault in the 
Military Services, and the task force shall then carry out the 
functions specified in this section. The task force shall not begin to 
carry out the functions specified in this section until it has 
completed its functions under such section 526.
    (3) Before the task force extended under this subsection begins to 
carry out the functions specified in this section, the Secretary of 
Defense may, consistent with the qualifications required by section 
526(f) of Public Law 108-136, change the composition of the task force 
as the Secretary considers appropriate for the effective performance of 
such functions, except that--
        (A) any change initiated by the Secretary in the membership of 
    the task force under this paragraph may not take effect before the 
    task force has completed its functions under section 526 of Public 
    Law 108-136; and
        (B) the total number of members of the task force may not 
    exceed 14.
    (b) Examination of Matters Relating to Sexual Assault in the Armed 
Forces.--The task force shall conduct an examination of matters 
relating to sexual assault in cases in which members of the Armed 
Forces are either victims or commit acts of sexual assault.
    (c) Recommendations.--The Task Force shall include in its report 
under subsection (e) recommendations of ways by which civilian 
officials within the Department of Defense and leadership within the 
Armed Forces may more effectively address matters relating to sexual 
assault. That report shall include an assessment of, and 
recommendations (including any recommendations for changes in law) for 
measures to improve, with respect to sexual assault, the following:
        (1) Victim care and advocacy programs.
        (2) Effective prevention.
        (3) Collaboration among military investigative organizations 
    with responsibility or jurisdiction.
        (4) Coordination and resource sharing between military and 
    civilian communities, including local support organizations.
        (5) Reporting procedures, data collection, tracking of cases, 
    and use of data on sexual assault by senior military and civilian 
    leaders.
        (6) Oversight of sexual assault programs, including development 
    of measures of the effectiveness of those programs in responding to 
    victim needs.
        (7) Military justice issues.
        (8) Progress in developing means to investigate and prosecute 
    assailants who are foreign nationals.
        (9) Adequacy of resources supporting sexual assault prevention 
    and victim advocacy programs, particularly for deployed units and 
    personnel.
        (10) Training of military and civilian personnel responsible 
    for implementation of sexual assault policies.
        (11) Programs and policies, including those related to 
    confidentiality, designed to encourage victims to seek services and 
    report offenses.
        (12) Other issues identified by the task force relating to 
    sexual assault.
    (d) Methodology.--In carrying out its examination under subsection 
(b) and in formulating its recommendations under subsection (c), the 
task force shall consider the findings and recommendations of previous 
reviews and investigations of sexual assault conducted by the 
Department of Defense and the Armed Forces.
    (e) Report.--(1) Not later than one year after the initiation of 
its examination under subsection (b), the task force shall submit to 
the Secretary of Defense and the Secretaries of the Army, Navy, and Air 
Force a report on the activities of the task force and on the 
activities of the Department of Defense and the Armed Forces to respond 
to sexual assault.
    (2) The report shall include the following:
        (A) A description of any barrier to implementation of 
    improvements as a result of previous efforts to address sexual 
    assault.
        (B) Other areas of concern not previously addressed in prior 
    reports.
        (C) The findings and conclusions of the task force.
        (D) Any recommendations for changes to policy and law that the 
    task force considers appropriate.
    (3) Within 90 days after receipt of the report under paragraph (1), 
the Secretary of Defense shall submit the report, together with the 
Secretary's evaluation of the report, to the Committees on Armed 
Services of the Senate and House of Representatives.
    (f) Termination.--The task force shall terminate 90 days after the 
date on which the report of the task force is submitted to the 
Committees on Armed Services of the Senate and House of Representatives 
pursuant to subsection (e)(3).

SEC. 577. 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.
    (3) Before developing the comprehensive policy required by 
paragraph (1), the Secretary of Defense shall develop a definition of 
sexual assault. The definition so developed shall be used in the 
comprehensive policy under paragraph (1) and otherwise within the 
Department of Defense and Coast Guard in matters involving members of 
the Armed Forces. The definition shall be uniform for all the Armed 
Forces and shall be developed in consultation with the Secretaries of 
the military departments and the Secretary of Homeland Security with 
respect to the Coast Guard.
    (b) Elements of Comprehensive Policy.--The comprehensive policy 
developed under subsection (a) shall, at a minimum, 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 of Defense 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 Report on Sexual Assaults.--(1) Not later than January 
15 of each year, the Secretary of each military department shall submit 
to the Secretary of Defense a report on the sexual assaults involving 
members of the Armed Forces under the jurisdiction of that Secretary 
during the preceding year. In the case of the Secretary of the Navy, 
separate reports shall be prepared for the Navy and for the Marine 
Corps.
    (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 
    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) for any year after 2005 shall 
include an assessment by the Secretary of the military department 
submitting the report 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.
    (4) The Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives each report 
submitted to the Secretary under this subsection, together with the 
comments of the Secretary on the report. The Secretary shall submit 
each such report not later than March 15 of the year following the year 
covered by the report.
    (5) For the report under this subsection covering 2004, the 
applicable date under paragraph (1) is April 1, 2005, and the 
applicable date under paragraph (4) is May 1, 2005.

           Subtitle L--Management and Administrative Matters

SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL 
              OF AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION OF 
              MILITARY RECORDS.

    Section 1559(a) of title 10, United States Code, is amended by 
striking ``During fiscal years 2003, 2004, and 2005,'' and inserting 
``Before October 1, 2008,''.

SEC. 582. STAFFING FOR DEFENSE PRISONER OF WAR/MISSING PERSONNEL OFFICE 
              (DPMO).

    (a) Report When Staffing is Below Prescribed Level.--Subparagraph 
(B) of section 1501(a)(5) of title 10, United States Code, is amended--
        (1) by inserting ``(i)'' after ``(B)'';
        (2) by inserting ``, whether temporary or permanent,'' after 
    ``civilian personnel''; and
        (3) by adding at the end the following:
    ``(ii) If for any reason the number of military and civilian 
personnel assigned or detailed to the office should fall below the 
required level under clause (i), the Secretary of Defense shall 
promptly notify the Committees on Armed Services of the Senate and 
House of Representatives of the number of personnel so assigned or 
detailed and of the Secretary's plan to restore the staffing level of 
the office to at least the required minimum number under clause (i). 
The Secretary shall publish such notice and plan in the Federal 
Register.''.
    (b) GAO Study.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report providing an 
assessment of staffing and funding levels for the Defense Prisoner of 
War/Missing Personnel Office. The report shall include--
        (1) a description of changes, over the period from the 
    inception of the office to the time of the submission of the 
    report, in the missions and mission requirements of the office, 
    together with a comparison of personnel and funding requirements of 
    the office over that period with actual manning and funding levels 
    over that period; and
        (2) the Comptroller General's assessment of the adequacy of 
    current manning and funding levels for that office in light of 
    current mission requirements.

SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPENDENTS AGE 75 AND OLDER.

    (a) In General.--(1) Chapter 53 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 1060b. Military ID cards: dependents and survivors of retirees; 
            issuance of permanent ID card after attaining 75 years of 
            age

    ``(a) Permanent ID Card After Age 75.--In issuing military ID cards 
to retiree dependents, the Secretary concerned shall issue a permanent 
ID card (not subject to renewal) to any such retiree dependent who has 
attained 75 years of age. Such a permanent ID card shall be issued upon 
the expiration, after the retiree dependent attains 75 years of age, of 
any earlier, renewable military ID card or, if earlier, upon the 
request of such a retiree dependent after attaining age 75.
    ``(b) Definitions.--In this section:
        ``(1) The term `military ID card' means a card or other form of 
    identification used for purposes of demonstrating eligibility for 
    any benefit from the Department of Defense.
        ``(2) The term `retiree dependent' means a person who is a 
    dependent of a retired member of the uniformed services, or a 
    survivor of a deceased retired member of the uniformed services, 
    who is eligible for any benefit from the Department of Defense.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``1060b. Military ID cards: dependents and survivors of retirees; 
          issuance of permanent ID card after attaining 75 years of 
          age.''.

    (b) Effective Date.--Section 1060b of title 10, United States Code, 
as added by subsection (a), shall take effect on October 1, 2004.

SEC. 584. AUTHORITY TO FURNISH CIVILIAN CLOTHING TO MEMBERS TRAVELING 
              IN CONNECTION WITH MEDICAL EVACUATION.

    (a) Authority.--Section 1047 of title 10, United States Code, is 
amended--
        (1) by inserting ``(b) Certain Enlisted Members.--'' before 
    ``The Secretary''; and
        (2) by inserting after the section heading the following:
    ``(a) Members Traveling In Connection With Medical Evacuation.--The 
Secretary of the military department concerned may furnish civilian 
clothing to a member at a cost not to exceed $250, or reimburse a 
member for the purchase of civilian clothing in an amount not to exceed 
$250, in the case of a member who--
        ``(1) is medically evacuated for treatment in a medical 
    facility by reason of an illness or injury incurred or aggravated 
    while on active duty; or
        ``(2) after being medically evacuated as described in paragraph 
    (1), is in an authorized travel status from a medical facility to 
    another location approved by the Secretary.''.
    (b) Effective Date.--Subsection (a) of section 1047 of title 10, 
United States Code, as added by subsection (a), shall take effect as of 
October 1, 2004, and (subject to subsection (c)) shall apply with 
respect to clothing furnished, and reimbursement for clothing 
purchased, on or after that date.
    (c) Retroactive Application.--With respect to the period beginning 
on October 1, 2004, and ending on the date of the enactment of this 
Act, the Secretary of Defense shall provide for subsection (a) of 
section 1047 of title 10, United States Code, as added by subsection 
(a), to be applied as a continuation of the authority provided in 
section 1319 of the Emergency Wartime Supplemental Appropriations Act, 
2003 (Public Law 108-11; 117 Stat. 571), as continued in effect during 
fiscal year 2004 by section 1103 of the Emergency Supplemental 
Appropriations Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1214).

SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT TRAVELER MILES, 
              CREDITS, AND TICKETS TO FACILITATE REST AND RECUPERATION 
              TRAVEL OF DEPLOYED MEMBERS OF THE ARMED FORCES AND THEIR 
              FAMILIES.

    (a) Operation Hero Miles.--(1) Chapter 155 of title 10, United 
States Code, is amended by adding at the end the following new section:

``Sec. 2613. Acceptance of frequent traveler miles, credits, and 
            tickets; use to facilitate rest and recuperation travel of 
            deployed members and their families

    ``(a) Authority to Accept Donation of Travel Benefits.--Subject to 
subsection (c), the Secretary of Defense may accept from any person or 
government agency the donation of travel benefits for the purposes of 
use under subsection (d).
    ``(b) Travel Benefit Defined.--In the section, the term `travel 
benefit' means frequent traveler miles, credits for tickets, or tickets 
for air or surface transportation issued by an air carrier or a surface 
carrier, respectively, that serves the public.
    ``(c) Condition on Authority to Accept Donation.--The Secretary may 
accept a donation of a travel benefit under this section only if the 
air or surface carrier that is the source of the benefit consents to 
such donation. Any such donation shall be under such terms and 
conditions as the surface carrier may specify, and the travel benefit 
so donated may be used only in accordance with the rules established by 
the carrier.
    ``(d) Use of Donated Travel Benefits.--A travel benefit accepted 
under this section may be used only for the purpose of--
        ``(1) facilitating the travel of a member of the armed forces 
    who--
            ``(A) is deployed on active duty outside the United States 
        away from the permanent duty station of the member in support 
        of a contingency operation; and
            ``(B) is granted, during such deployment, rest and 
        recuperative leave, emergency leave, convalescent leave, or 
        another form of leave authorized for the member; or
        ``(2) 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 a deployment, facilitating the travel of family 
    members of the member in order to be reunited with the member.
    ``(e) Administration.--(1) The Secretary shall designate a single 
office in the Department of Defense to carry out this section. That 
office shall develop rules and procedures to facilitate the acceptance 
and distribution of travel benefits under this section.
    ``(2) For the use of travel benefits under subsection (d)(2) 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.
    ``(3) The Secretary of Defense may, in an exceptional case, 
authorize a person not described in subsection (d)(2) to use a travel 
benefit accepted under this subsection to visit a member of the armed 
forces described in subsection (d)(1) if that person has a notably 
close relationship with the member. The travel benefit 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 travel 
benefit.
    ``(f) Services of Nonprofit Organization.--The Secretary of Defense 
may enter into an agreement with a nonprofit organization to use the 
services of the organization--
        ``(1) to promote the donation of travel benefits under this 
    section, except that amounts appropriated to the Department of 
    Defense may not be expended for this purpose; and
        ``(2) to assist in administering the collection, distribution, 
    and use of travel benefits under this section.
    ``(g) Family Member Defined.--In this section, the term `family 
member' has the meaning given that term in section 411h(b)(1) of title 
37.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``2613. Acceptance of frequent traveler miles, credits, and tickets; use 
          to facilitate rest and recuperation travel of deployed members 
          and their families.''.

    (b) Tax Treatment of Travel Benefits Donated for Operation Hero 
Miles.--
        (1) Exclusion from gross income.--Subsection (b) of section 134 
    of the Internal Revenue Code of 1986 (defining qualified military 
    benefit) is amended by adding at the end the following new 
    paragraph:
        ``(5) Travel benefits under operation hero miles.--The term 
    `qualified military benefit' includes a travel benefit provided 
    under section 2613 of title 10, United States Code (as in effect on 
    the date of the enactment of this paragraph).''.
        (2) Conforming amendments.--
            (A) Section 134(b)(3)(A) of such Code is amended by 
        striking ``paragraph (4)'' and inserting ``paragraphs (4) and 
        (5)''.
            (B) Section 3121(a)(18) of such Code is amended by striking 
        ``or 134(b)(4)'' and inserting ``134(b)(4), or 134(b)(5)''.
            (C) Section 3306(b)(13) of such Code is amended by striking 
        ``or 134(b)(4)'' and inserting ``134(b)(4), or 134(b)(5)''.
            (D) Section 3401(a)(18) of such Code is amended by striking 
        ``or 134(b)(4)'' and inserting ``134(b)(4), or 134(b)(5)''.
        (3) Effective date.--The amendments made by this subsection 
    shall apply to travel benefits provided after the date of the 
    enactment of this Act.

SEC. 586. ANNUAL REPORT IDENTIFYING REASONS FOR DISCHARGES FROM THE 
              ARMED FORCES DURING PRECEDING FISCAL YEAR.

    (a) Report Required.--Not later than March 1 each year through 
2011, the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on 
discharges from the Army, Navy, Air Force, and Marine Corps during the 
preceding fiscal year.
    (b) Matters To Be Included.--Each such report shall show, in the 
aggregate and for each of those Armed Forces, the following:
        (1) The total number of persons discharged during the preceding 
    fiscal year.
        (2) For each separation code, and for each reenlistment 
    eligibility code, used by the Armed Forces, the number of those 
    discharged persons assigned that code.
        (3) For the persons assigned each such separation code, 
    classification of discharges by age, by sex, by race, by military 
    rank or grade, by time in service, by unit (shown at the small unit 
    level), by military occupational specialty (or the equivalent), and 
    by reenlistment eligibility code.
    (c) Use of Generic Separation Codes.--In preparing the reports 
under this section, the Secretary shall use a generic interservice 
separation code that provides similar, and consistent, data across the 
services.

SEC. 587. STUDY OF BLENDED WING CONCEPT FOR THE AIR FORCE.

    (a) Study Required.--Not later than March 1, 2005, the Secretary of 
the Air Force shall submit to Congress a report on the blended wing 
concept for the Air Force. The report shall include the Secretary's 
findings as to the characteristics and locations that are considered 
favorable for a blended wing, a description of the manner in which 
current blended wings are functioning, and a statement of the current 
and future plans of the Air Force to implement the blended wing 
concept.
    (b) Selection Criteria.--The report shall include a description of 
the criteria and attributes that the Secretary requires when choosing 
units to become blended wings.

SEC. 588. SENSE OF CONGRESS 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 people 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 Congress.--It is the sense of Congress that--
        (1) a member of the Armed Forces who on the member's own 
    initiative is highly motivated to return to active duty service 
    following rehabilitation from injuries incurred in service in the 
    Armed Forces should, after appropriate medical review and physical 
    disability evaluation, be given the opportunity to present the 
    member's case for continuing to serve on active duty in varied 
    military capacities;
        (2) other than appropriate medical review and physical 
    disability evaluation, 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 include options for such members to return to active duty 
    service and to be retrained to perform military missions for which 
    they are fully capable.

                       Subtitle M--Other Matters

SEC. 591. 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.--The amendments made by this section 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 the date of the enactment of this Act.

SEC. 592. IMPLEMENTATION PLAN FOR ACCESSION OF PERSONS WITH SPECIALIZED 
              SKILLS.

    (a) Plan for Accession of Persons With Specialized Skills.--(1) Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to Congress a plan for implementation 
of authority, if subsequently provided by law, to allow for accession 
into the Armed Forces, on a special or lateral-entry basis, of persons 
with specialized skills, for duty involving the use of such skills.
    (2) The plan under paragraph (1) shall address matters such as 
projected numbers of enlistments and appointments, initial rank or 
grade, projected enlistment and re-enlistment bonuses and pays, 
projected length of service obligation (if any), minimum time of active 
duty requirements, the potential effect the use of such authority would 
have on other special or lateral-entry programs (such as those 
applicable to physicians), and such other matters as the Secretary 
considers appropriate.
    (3) The Secretary shall include with the plan submitted under 
paragraph (1) a comparison of that plan with an alternative for meeting 
the specialized skills required by the Armed Forces through the use of 
civilain contractor personnel.
    (b) Civilian Skills Corps Feasibility Study.--(1) The Secretary of 
Defense shall conduct a feasibility study of how to implement a system 
that would make civilian volunteers, with skills determined by the 
Secretary to be critical, rapidly available for use in, or in support 
of, units of the Armed Force on a temporary basis to meet no-notice, or 
short-notice, operational requirements. In conducting the study, the 
Secretary shall examine a range of options, including--
        (A) a system that would embed on short notice in military units 
    civilian volunteers who were not part of the military, but who 
    possessed highly required skills that were in short supply in the 
    Armed Forces; and
        (B) a system to provide for the accession into the active or 
    reserve components of persons with critical skills required by the 
    Armed Forces for whom the Secretary could prescribe varying lengths 
    of service and training requirements.
    (2) 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 results of the study under paragraph 
(1) not later than March 31, 2005.

SEC. 593. ENHANCED SCREENING METHODS AND PROCESS IMPROVEMENTS FOR 
              RECRUITMENT OF HOME SCHOOLED AND NATIONAL GUARD CHALLENGE 
              PROGRAM GED RECIPIENTS.

    (a) Enhanced Screeing Methods and Process Improvements.--(1) The 
Secretary of the Army shall carry out an initiative--
        (A) to develop screening methods and process improvements for 
    recruiting specified GED recipients so as to achieve attrition 
    patterns, among the GED recipients so recruited, that match 
    attrition patterns for Army recruits who are high school diploma 
    graduates; and
        (B) subject to subsection (b), to implement such screening 
    methods and process improvements on a test basis.
    (2) For purposes of this section, the term ``specified GED 
recipients'' means persons who receive a General Educational 
Development (GED) certificate as a result of home schooling or the 
completion of a program under the National Guard Challenge program.
    (b) Secretary of Defense Review.--Before the screening methods and 
process improvements developed under subsection (a)(1) are put into 
effect under subsection (a)(2), the Secretary of Defense shall review 
the proposed screening methods and process improvements. Based on such 
review, the Secretary of Defense either shall approve the use of such 
screening methods and process improvements for testing (with such 
modifications as the Secretary may direct) or shall disapprove the use 
of such methods and process improvements on a test basis.
    (c) Secretary of Defense Decision.--If the Secretary of Defense 
determines under subsection (b) that the screening methods and process 
improvements developed under subsection (a)(1) should be implemented on 
a test basis, then upon completion of the test period, the Secretary of 
Defense shall, after reviewing the results of the test program, 
determine whether the new screening methods and process improvements 
developed by the Army should be extended throughout the Department for 
recruit candidates identified by the new procedures to be considered 
tier 1 recruits.
    (d) Reports.--(1) If the Secretary of Defense determines under 
subsection (b) that the screening methods and process improvements 
developed under subsection (a)(1) should not be implemented on a test 
basis, the Secretary of Defense shall, not later than 90 days 
thereafter, notify the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives of such 
determination, together with the reasons of the Secretary for such 
determination.
    (2) If the Secretary of Defense determines under subsection (b) 
that the screening methods and process improvements developed under 
subsection (a)(1) should be implemented on a test basis, the Secretary 
of the Army shall submit to the committees specified in paragraph (1) a 
report on the results of the testing. The report shall be submitted not 
later than March 31, 2009, except that if the Secretary of Defense 
directs an earlier termination of the testing initiative, the Secretary 
of the Army shall submit the report under this paragraph not later than 
180 days after such termination. Such report shall include the 
determination of the Secretary of Defense under subsection (c). If that 
determination is that the methods and processes tested should not be 
extended to the other services, the report shall include the 
Secretary's rationale for not recommending such extension.

SEC. 594. REDESIGNATION OF NATIONAL GUARD CHALLENGE PROGRAM AS NATIONAL 
              GUARD YOUTH CHALLENGE PROGRAM.

    (a) Redesignation.--Section 509 of title 32, United States Code, is 
amended--
        (1) in subsection (a)--
            (A) by striking ``National Guard Challenge Program'' the 
        first place it appears and inserting ``National Guard Youth 
        Challenge Program''; and
            (B) by striking ``National Guard Challenge Program'' the 
        second place it appears and inserting ``Program'';
        (2) by striking ``National Guard Challenge Program'' each place 
    it appears in subsections (b) through (k) and subsection (m) and 
    inserting ``Program'';
        (3) by striking ``program'' each place it appears in 
    subsections (b), (g), (i)(2)(A), (j), (k), and (m) and inserting 
    ``Program''; and
        (4) in subsection (l), by adding at the end the following new 
    paragraph:
        ``(3) The term `Program' means the National Guard Youth 
    Challenge Program carried out pursuant to this section.''.
    (b) 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. 595. REPORTS ON CERTAIN MILESTONES RELATING TO DEPARTMENT OF 
              DEFENSE TRANSFORMATION.

    (a) Military-to-Civilian Conversions.--Not later than January 31, 
2005, the Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives a report providing information as to the number of 
positions in the Department of Defense that were converted during 
fiscal year 2004 from performance by military personnel to performance 
by civilian personnel of the Department of Defense or contractor 
personnel. The report shall include the following:
        (1) A description of the skill sets of the military positions 
    converted.
        (2) Specification of the total cost of the conversions and how 
    that cost is being met.
        (3) The number of positions in the Department of Defense 
    projected for such conversion during the period from March 1, 2005, 
    through January 31, 2006.
    (b) Military-to-Military Conversions.--Not later than March 31 of 
each of 2005, 2006, and 2007, 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--
        (1) the number of units, by type, converted from one primary 
    military capability to another during the previous fiscal year and, 
    for each such unit, what the new unit designation and new military 
    capabilities are;
        (2) the number of military personnel, by military skill, who 
    have converted during the previous fiscal year from one primary 
    military skill to another, with a listing of the military skills to 
    which the individuals converted;
        (3) a description of the military unit and military personnel 
    conversions planned for the upcoming fiscal year; and
        (4) a statement of whether the overall unit and military 
    personnel conversions planned for the previous fiscal year were 
    met, and for each such planned conversion, the reasons why the 
    planned conversion was or was not met.
    (c) Army Transformation to Brigade Structure.--The Secretary of the 
Army shall submit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives an 
annual report on the status of the internal transformation of the Army 
from a division-orientated force to a brigade-orientated force. Such 
report shall be submitted not later than March 31 of each year, except 
that the requirement to submit such annual report shall terminate when 
the Secretary of the Army submits to those committees the Secretary's 
certification that the transformation of the Army to a brigade-
orientated force has been completed. Upon the submission of such 
certification, the Secretary shall publish in the Federal Register 
notice of that certification and that the statutory requirement to 
submit an annual report under this subsection has terminated.

SEC. 596. REPORT ON ISSUES RELATING TO REMOVAL OF REMAINS OF PERSONS 
              INTERRED IN UNITED STATES MILITARY CEMETERIES OVERSEAS.

    (a) Study.--The Secretary of the Army shall examine the issues 
relating to requests for disinterment of remains of persons buried in 
United States overseas military cemeteries. The examination shall 
include the following:
        (1) A review of the historical facts involved in establishing 
    the United States overseas military cemeteries and in determining 
    the criteria for interment in those cemeteries.
        (2) An examination of the processes for ensuring that the 
    initial disposition decision with respect to the remains of any 
    decedent was carried out, together with a review and explanation of 
    the existing policy and procedures regarding request for 
    disinterment and any exceptions that have been made.
        (3) An analysis of the potential reasons for justifying 
    disinterment of remains from those cemeteries, including error, 
    misunderstanding, and change of decision by the original 
    responsible next of kin or other family member or group of family 
    members.
        (4) An analysis of the potential impact on the operation of 
    United States overseas military cemeteries of permitting 
    disinterment of remains from those cemeteries.
    (b) Report.--Not later than September 30, 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 results of the examination under subsection (a). The report shall 
include the following:
        (1) The matters specified in paragraphs (1), (2), (3), and (4) 
    of subsection (a).
        (2) A description of the changes to policy criteria and 
    procedures that would be necessary to support a system for 
    requesting and authorizing disinterment of such remains.
        (3) The recommendations of the Secretary of the Army and the 
    American Battle Monuments Commission for changing current policy 
    and procedures with respect to such disinterments.
    (c) Consultation With ABMC.--The Secretary shall carry out the 
examination under subsection (a) and prepare the report under 
subsection (b) in consultation with the American Battle Monuments 
Commission.
    (d) ABMC Assistance.--The American Battle Monuments Commission 
shall provide the Secretary of the Army such assistance as the 
Secretary may require in carrying out this section.
    (e) Definitions.--For purposes of this section:
        (1) The term ``United States overseas military cemetery'' means 
    a cemetery located in a foreign country that is administered by the 
    Secretary of a military department or the American Battle Monuments 
    Commission.
        (2) The term ``initial disposition decision'', with respect to 
    the remains of a person who died outside the United States and was 
    interred in a United States overseas military cemetery, means a 
    decision by a family member (or other designated person) as to the 
    disposition (in accordance with laws and regulations in effect at 
    the time) of the remains of the deceased person, such decision 
    being to have the remains interred in a United States overseas 
    military cemetery (rather than to have those remains transported to 
    the United States for interment or other disposition in the United 
    States).

SEC. 597. COMPTROLLER GENERAL REPORTS ON CLOSURE OF DEPARTMENT OF 
              DEFENSE DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS AND 
              COMMISSARY STORES.

    (a) Report on Defense Dependent Schools.--The Comptroller General 
shall prepare a report containing--
        (1) an assessment by the Comptroller General of the policy of 
    the Department of Defense, and the criteria utilized by the 
    Department, regarding the closure of Department of Defense 
    dependent elementary and secondary schools, including whether or 
    not such policy and criteria are consistent with Department 
    policies and procedures on the preservation of the quality of life 
    of members of the Armed Forces and their dependents; and
        (2) an assessment by the Comptroller General of any current or 
    on-going studies or assessments of the Department with respect to 
    any of the schools.
    (b) Report on Commissary Stores.--The Comptroller General shall 
prepare a report containing--
        (1) an assessment by the Comptroller General of the policy of 
    the Department of Defense, and the criteria utilized by the 
    Department, regarding the closure of commissary stores, including 
    whether or not such policy and criteria are consistent with 
    Department policies and procedures on the preservation of the 
    quality of life of members of the Armed Forces and their 
    dependents; and
        (2) an assessment by the Comptroller General of any current or 
    on-going studies or assessments of the Department with respect to 
    any of the commissary stores.
    (c) Submission of Reports.--The Comptroller General shall submit 
the reports required by this section to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House of 
Representatives not later than 180 days after the date of the enactment 
of this Act.

SEC. 598. COMPTROLLER GENERAL REPORT ON TRANSITION ASSISTANCE PROGRAMS 
              FOR MEMBERS SEPARATING FROM THE ARMED FORCES.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report evaluating the programs of the Department of Defense and other 
Federal agencies under which transition assistance is provided to 
members of the Armed Forces who are separating from active duty 
service.
    (b) Elements of Report.--(1) With regard to the transition 
assistance programs under section 1142 and 1144 of title 10, United 
States Code, the report required by subsection (a) shall include--
        (A) an analysis of the extent to which such programs are 
    meeting the current needs of members of the Armed Forces as they 
    are discharged or released from active duty;
        (B) a discussion of the original purposes of the programs;
        (C) a discussion of how the programs are currently being 
    administered in relationship to those purposes;
        (D) an assessment of whether the programs are adequate to meet 
    the current needs of members of the reserve components; and
        (E) such recommendations as 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) The report shall include an analysis of any differences 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 and such recommendations as 
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) The report shall include--
        (A) an analysis of the relationship between the Department of 
    Defense transition assistance programs and the transition 
    assistance programs of the Department of Veterans Affairs and the 
    Department of Labor, including the relationship between the 
    benefits delivery at discharge program carried out jointly by the 
    Department of Defense and the Department of Veterans Affairs and 
    the other transition assistance programs; and
        (B) an assessment of the quality and thoroughness of 
    information being provided during preseparation briefings under 
    such transition assistance programs regarding the full range of 
    benefits available to qualified members of the Armed Forces under 
    programs operated by the Department of Veterans Affairs and the 
    requirements for qualifying for those benefits.
    (4) The report shall specify the rates of participation of members 
of the Armed Forces in the transition assistance programs and include 
such recommendations as the Comptroller General considers appropriate 
to increase such participation rates, including any recommendations 
regarding revisions of such programs that could result in increased 
participation by members.
    (5) The report shall include--
        (A) an assessment of whether the transition assistance 
    information provided to members of the Armed Forces omits any 
    transition information that would be beneficial to members;
        (B) an assessment of the extent to which information is 
    provided under the transition assistance programs regarding 
    participation in Federal procurement opportunities available at 
    prime contract and subcontract levels to veterans with service-
    connected disabilities and other veterans; and
        (C) such recommendations as 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) The report shall include--
        (A) 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;
        (B) an assessment of the effectiveness and usefulness of the 
    role that military service organizations and veterans' service 
    organizations are playing in the preseparation briefing process; 
    and
        (C) such recommendations as the Comptroller General considers 
    appropriate regarding whether such organizations should be given a 
    more formal role in the preseparation briefing process and how 
    representatives of such organizations could better be used to 
    disseminate transition assistance information and provide 
    preseparation counseling to members of the Armed Forces, including 
    members who are being released from active duty for continuation of 
    service in a reserve component.
    (7) The report shall include an analysis of the use of post-
deployment and predischarge health screenings and such recommendations 
as 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 members of the Armed Forces being discharged or released from 
active duty.
    (8) The report shall include 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 members of the Armed Forces waive the 
    physical examinations; and
        (C) how, and the extent to which, members of the Armed Forces 
    are referred for follow-up health care.
    (9) The report shall include a discussion of the current process by 
which mental health screenings are conducted, follow-up 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 preparing the report 
under subsection (a), 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) Members of the Armed Forces who have received transition 
    assistance under the programs covered by the report and members of 
    the Armed Forces 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. 599. STUDY ON COORDINATION OF JOB TRAINING STANDARDS WITH 
              CERTIFICATION STANDARDS FOR MILITARY OCCUPATIONAL 
              SPECIALTIES.

    (a) Study Required.--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) Submission of Report.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Labor shall submit to 
Congress a report containing the results of the study under subsection 
(a).

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Relationship between eligibility to receive supplemental 
          subsistence allowance and eligibility to receive imminent 
          danger pay, family separation allowance, and certain Federal 
          assistance.
Sec. 603. Authority to provide family separation basic allowance for 
          housing.
Sec. 604. Geographic basis for housing allowance during short-assignment 
          permanent changes of station for education or training.
Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring 
          expenses incurred for duty outside the continental United 
          States.
Sec. 606. Authority for certain members deployed in combat zones to 
          receive limited advances on future basic pay.
Sec. 607. Repeal of requirement that members entitled to basic allowance 
          for subsistence pay subsistence charges while hospitalized.

           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. Authority to provide hazardous duty incentive pay to military 
          firefighters.
Sec. 616. Reduced service obligation for nurses receiving nurse 
          accession bonus.
Sec. 617. Assignment incentive pay.
Sec. 618. Modification of active and reserve component reenlistment and 
          enlistment bonus authorities.
Sec. 619. Bonus for certain initial service of officers in the Selected 
          Reserve.
Sec. 620. Revision of authority to provide foreign language proficiency 
          pay.
Sec. 621. Eligibility of enlisted members to qualify for critical skills 
          retention bonus while serving on indefinite reenlistment.
Sec. 622. Eligibility of reserve component members for incentive bonus 
          for conversion to military occupational specialty to ease 
          personnel shortage.
Sec. 623. Permanent increase in authorized amounts for imminent danger 
          special pay and family separation allowance.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Travel and transportation allowances for family members to 
          attend burial ceremony or memorial service of member who dies 
          on duty.
Sec. 632. Transportation of family members incident to serious illness 
          or injury of members of the uniformed services.
Sec. 633. Reimbursement for certain lodging costs incurred in connection 
          with dependent student travel.

              Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Computation of high-36 month average for reserve component 
          members retired for disability while on active duty or dying 
          while on active duty.
Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and 
          veterans' disability compensation for military retirees with 
          service-connected disabilities rated as 100 percent.
Sec. 643. Death benefits enhancement.
Sec. 644. Phased elimination of two-tier annuity computation for 
          surviving spouses under Survivor Benefit Plan.
Sec. 645. One-year open enrollment period for Survivor Benefit Plan 
          commencing October 1, 2005.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

Sec. 651. Consolidation and reorganization of legislative provisions 
          regarding defense commissary system and exchanges and other 
          morale, welfare, and recreation activities.
Sec. 652. Consistent State treatment of Department of Defense 
          Nonappropriated Fund Health Benefits Program.

                        Subtitle F--Other Matters

Sec. 661. Eligibility of members for reimbursement of expenses incurred 
          for adoption placements made by foreign governments.
Sec. 662. Clarification of education loans qualifying for education loan 
          repayment program for reserve component health professions 
          officers.
Sec. 663. Receipt of pay by reservists from civilian employers while on 
          active duty in connection with a contingency operation.
Sec. 664. Relief for mobilized reservists from certain Federal 
          agricultural loan obligations.
Sec. 665. Survey and analysis of effect of extended and frequent 
          mobilization of reservists for active duty service on 
          reservist income.
Sec. 666. Study of disability benefits for veterans of service in the 
          Armed Forces with service-connected disabilities.

                     Subtitle A--Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2005.

    (a) Waiver of Section 1009 Adjustment.--The adjustment to become 
effective during fiscal year 2005 required by section 1009 of title 37, 
United States Code, in the rates of monthly basic pay authorized 
members of the uniformed services shall not be made.
    (b) Increase in Basic Pay.--Effective on January 1, 2005, the rates 
of monthly basic pay for members of the uniformed services are 
increased by 3.5 percent.

SEC. 602. 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) of section 402a of title 
37, United States Code, is amended--
        (1) in paragraph (2), by striking ``the Secretary--'' and all 
    that follows through ``shall take into consideration'' and 
    inserting ``the Secretary concerned shall take into 
    consideration''; and
        (2) by adding at the end the following new paragraph:
    ``(3) In determining whether a member meets the eligibility 
criteria under paragraph (1), the Secretary concerned shall not take 
into consideration--
        ``(A) the amount of the supplemental subsistence allowance that 
    is payable under this section;
        ``(B) the amount of any special pay that is payable to the 
    member under section 310 of this section, relating to duty subject 
    to hostile fire or imminent danger; or
        ``(C) the amount of any family separation allowance that is 
    payable to the member under section 427 of this title.''.
    (b) Relation to Other Federal Assistance.--Such section is further 
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 child or 
spouse of a member of the armed forces receiving the supplemental 
subsistence allowance under this section who, except on account of the 
receipt of such allowance, would be eligible to receive a benefit 
described in paragraph (2) shall be considered to be eligible for that 
benefit notwithstanding the receipt of such allowance.
    ``(2) The benefits referred to in paragraph (1) are as follows:
        ``(A) Assistance provided under the Richard B. Russell National 
    School Lunch Act (42 U.S.C. 1751 et seq.).
        ``(B) Assistance provided under the Child Nutrition Act of 1966 
    (42 U.S.C. 1771 et seq.).
        ``(C) A service provided under the Head Start Act (42 U.S.C. 
    9831 et seq.).
        ``(D) Assistance under the Child Care and Development Block 
    Grant Act of 1990 (42 U.S.C. 9858 et seq.).
    ``(3) A household that includes a member of the armed forces 
receiving the supplemental subsistence allowance under this section and 
that, except on account of the receipt of such allowance, would 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 notwithstanding the receipt of such 
allowance.''.
    (c) Effective Date.--The amendments made by this section shall 
apply in determining, on or after the date of the enactment of this 
Act, the eligibility of a person for a supplemental subsistence 
allowance under section 402a of title 37, United States Code, or for 
Federal assistance under a law specified in subsection (g) of such 
section, as so amended.

SEC. 603. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC ALLOWANCE FOR 
              HOUSING.

    Section 403(d) of title 37, United States Code, is amended--
        (1) in paragraph (1), by striking ``is entitled to'' and 
    inserting ``may be paid''; and
        (2) in paragraph (4), by striking the first sentence and 
    inserting the following new sentence: ``A family separation basic 
    allowance for housing paid to a member under this subsection is in 
    addition to any other allowance or per diem that the member 
    receives under this title.''.

SEC. 604. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING SHORT-
              ASSIGNMENT PERMANENT CHANGES OF STATION FOR EDUCATION OR 
              TRAINING.

    Section 403(d) of title 37, United States Code, as amended by 
section 603, is further amended--
        (1) in the subsection heading, by striking ``Are Unable To'' 
    and inserting ``Do Not''; and
        (2) in paragraph (3), by adding at the end the following new 
    subparagraph:
        ``(C) If the member is reassigned for a permanent change of 
    station or permanent change of assignment from a duty station in 
    the United States to another duty station in the 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 
    will provide the more equitable basis for the allowance:
            ``(i) The area of the duty station to which the member is 
        reassigned.
            ``(ii) The area in which the dependents reside, but only if 
        the dependents reside in that area when the member departs for 
        the duty station to which the member is reassigned and only for 
        the period during which the dependents reside in that area.
            ``(iii) The area of the former duty station of the member, 
        if different than the area in which the dependents reside.''.

SEC. 605. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL NONRECURRING 
              EXPENSES INCURRED FOR DUTY OUTSIDE THE CONTINENTAL UNITED 
              STATES.

    (a) Eligibility for Reimbursement.--Section 405 of title 37, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(d) Nonrecurring Expenses.--(1) The Secretary concerned may 
reimburse a member of the uniformed services on duty as described in 
subsection (a) 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 provided to a member under paragraph (1) is 
in addition to a per diem payable to that member under subsection 
(a).''.
    (b) Use of Defined Term Continental United States.--(1) Subsection 
(a) of such section is amended by striking ``outside of the United 
States or in Hawaii or Alaska'' and inserting ``outside of the 
continental United States''.
    (2) The heading of such section is amended to read as follows:

``Sec. 405. Travel and transportation allowances: per diem while on 
            duty outside the continental United States''.

    (3) The table of sections at the beginning of chapter 7 of such 
title is amended by striking the item relating to section 405 and 
inserting the following new item:

``405. Travel and transportation allowances: per diem while on duty 
          outside the continental United States.''.

SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED IN COMBAT ZONES TO 
              RECEIVE LIMITED ADVANCES ON FUTURE BASIC PAY.

    (a) Advancement of Basic Pay.--Chapter 3 of title 37, United States 
Code, is amended by adding at the end the following new section:

``Sec. 212. Advancement of basic pay: members deployed in combat zone 
            for more than one year

    ``(a) Eligibility; Amount Advanced.--If a member of the armed 
forces is assigned to duty in an area for which special pay under 
section 310 of this title is available and the assignment is pursuant 
to orders specifying an assignment of one year or more (or the 
assignment is extended beyond one year), the member may request, during 
the period of the assignment, the advanced payment of not more than 
three months of the basic pay of the member.
    ``(b) Consideration of Request.--A request by a member described in 
subsection (a) for the advanced payment of a single month of basic pay 
shall be granted. The Secretary concerned may grant a member's request 
for a second or third month of advanced basic pay during the assignment 
upon a showing of financial hardship.
    ``(c) Recoupment of Advanced Pay.--The Secretary concerned shall 
recoup an advance made on the basic pay of a member under this section 
in equal installments over a one-year period beginning as provided in 
subsection (d). If the member is serving on active duty for any month 
during the recoupment period, the amount of the installment for the 
month shall be deducted from the basic pay of the member for that 
month. The estate of a deceased member shall not be required to repay 
any portion of the advanced pay paid to the member and not repaid 
before the death of the member.
    ``(d) Commencement of Recoupment.--The recoupment period for an 
advancement of basic pay to a member under this section shall commence 
on the first day of the first month beginning on or after the date on 
which the member receives the advanced pay.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``212. Advancement of basic pay: members deployed in combat zone for 
          more than one year.''.

SEC. 607. REPEAL OF REQUIREMENT THAT MEMBERS ENTITLED TO BASIC 
              ALLOWANCE FOR SUBSISTENCE PAY SUBSISTENCE CHARGES WHILE 
              HOSPITALIZED.

    (a) Repeal.--(1) Section 1075 of title 10, United States Code, is 
repealed.
    (2) The table of sections at the beginning of chapter 55 of such 
title is amended by striking the item relating to section 1075.
    (b) Conforming Amendment Regarding Military-Civilian Health 
Services Partnership Program.--Section 1096(c) of such title is 
amended--
        (1) by inserting ``who is a dependent'' after ``covered 
    beneficiary''; and
        (2) by striking ``shall pay'' and all that follows through the 
    period at the end of paragraph (2) and inserting ``shall pay the 
    charges prescribed by section 1078 of this title.''.

           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''.
    (g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such 
title is amended by striking ``the date of the enactment of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 and 
ending on September 30, 2004'' and inserting ``October 30, 2000, and 
ending on December 31, 2005''.

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. AUTHORITY TO PROVIDE HAZARDOUS DUTY INCENTIVE PAY TO MILITARY 
              FIREFIGHTERS.

    Section 301 of title 37, United States Code, is amended--
        (1) in subsection (d), by inserting ``(1)'' after ``(d)'';
        (2) by redesignating subsection (e) as paragraph (2) of 
    subsection (d); and
        (3) by inserting after subsection (d) the following new 
    subsection (e):
    ``(e) A member of a uniformed service who is entitled to basic pay 
may be paid incentive pay under this subsection, at a monthly rate not 
to exceed $150, for any month during which the member performs duty 
involving regular participation as a firefighting crew member, as 
determined by the Secretary concerned.''.

SEC. 616. 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.--The amendment made by subsection (a) shall 
apply with respect to agreements entered into under section 302d of 
title 37, United States Code, on or after the date of the enactment of 
this Act.

SEC. 617. ASSIGNMENT INCENTIVE PAY.

    (a) Discretionary Written Agreements.--Subsection (b) of section 
307a of title 37, United States Code, is amended to read as follows:
    ``(b) Written Agreement.--The Secretary concerned may require a 
member performing service in an assignment designated under subsection 
(a) to enter into a written agreement with the Secretary in order to 
qualify for incentive pay under this section. The written agreement 
shall specify the period for which the incentive pay will be paid to 
the member and, subject to subsection (c), the monthly rate of the 
incentive pay.''.
    (b) Discontinuation Upon Commencement of Terminal Leave.--
Subsection (e) of such section is amended by striking ``by reason of'' 
and all that follows through the period at the end and inserting ``by 
reason of--
        ``(1) temporary duty performed by the member pursuant to 
    orders; or
        ``(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.''.
    (c) Effective Date.--Paragraph (2) of section 307a(e) of title 37, 
United States Code, as added by subsection (b), shall apply with 
respect to authorized leave occurring on or after the date of the 
enactment of this Act.

SEC. 618. MODIFICATION OF ACTIVE AND RESERVE COMPONENT REENLISTMENT AND 
              ENLISTMENT BONUS AUTHORITIES.

    (a) Active-Duty Reenlistment Bonus.--(1) Paragraph (1) of 
subsection (a) of section 308 of title 37, United States Code, is 
amended--
        (A) in the matter preceding subparagraph (A), by striking ``A 
    member'' and inserting ``The Secretary concerned may pay a bonus 
    under paragraph (2) to a member'';
        (B) in subparagraph (A), by striking ``fourteen years'' and 
    inserting ``16 years'';
        (C) in subparagraph (D), by striking the semicolon at the end 
    and inserting a period; and
        (D) by striking ``may be paid a bonus as provided in paragraph 
    (2).''.
    (2) Paragraph (3) of such subsection is amended by striking ``16 
years'' and inserting ``18 years''.
    (b) Selected Reserve Reenlistment Bonus.--(1) Subsection (a) of 
section 308b of title 37, United States Code, is amended--
        (A) in the matter preceding paragraph (1), by striking ``An 
    enlisted member'' and inserting ``The Secretary concerned may pay a 
    bonus under subsection (b) to an enlisted member'';
        (B) in paragraph (1), by striking ``less than 14 years'' and 
    inserting ``not more than 16 years'';
        (C) in paragraph (2), by striking the semicolon at the end and 
    inserting a period; and
        (D) by striking ``may be paid a bonus as provided in subsection 
    (b).''.
    (2) Subsection (b)(1) of such section is amended--
        (A) in subparagraph (A), by striking ``$5,000'' and inserting 
    ``$15,000'';
        (B) in subparagraph (B), by striking ``$2,500'' and inserting 
    ``$7,500''; and
        (C) in subparagraph (C), by striking ``$2,000'' and inserting 
    ``$6,000''.
    (3) Paragraph (2) of subsection (b) of such section is amended to 
read as follows:
    ``(2) Bonus payments authorized under this section may be paid in 
either a lump sum or in installments. If the bonus is paid in 
installments, the initial payment shall be not less than 50 percent of 
the total bonus amount. The Secretary concerned shall prescribe the 
amount of each subsequent installment payment and the schedule for 
making the installment payments.''.
    (4) Subsection (c) of such section is amended--
        (A) in the subsection heading, by striking ``; Limitation on 
    Number of Bonuses''; and
        (B) by striking paragraph (2) and redesignating paragraph (3) 
    as paragraph (2).
    (c) Selected Reserve Enlistment Bonus.--(1) Subsection (b) of 
section 308c of title 37, United States Code, is amended by striking 
``$8,000'' and inserting ``$10,000''.
    (2) Subsection (f) of such section is amended to read as follows:
    ``(f) A member entitled to a bonus under this section who is called 
or ordered to active duty shall be paid, during that period of active 
duty, any amount of the bonus that becomes payable to the member during 
that period of active duty.''.
    (d) Ready Reserve Enlistment Bonus for Persons Without Prior 
Service.--Section 308g(b) of title 37, United States Code, is amended--
        (1) by striking ``$1,000'' and inserting ``$3,000''; and
        (2) by adding at the end the following new sentence: ``A person 
    entitled to a bonus under this section who is called or ordered to 
    active duty shall be paid, during that period of active duty, any 
    amount of the bonus that becomes payable to the member during that 
    period of active duty.''.
    (e) Prior Service Ready Reserve Bonus.--Section 308h(b) of title 
37, United States Code, is amended--
        (1) in paragraph (2)(A), by striking ``$1,500'' and inserting 
    ``$3,000'';
        (2) in paragraph (2)(B), by striking ``$750'' and inserting 
    ``$1,500''; and
        (3) by adding at the end the following new paragraph:
    ``(4) A person entitled to a bonus under this section who is called 
or ordered to active duty shall be paid, during that period of active 
duty, any amount of the bonus that becomes payable to the member during 
that period of active duty.''.
    (f) Prior Service Enlistment Bonus for Selected Reserve.--(1) 
Subsection (a)(2)(A) of section 308i of title 37, United States Code, 
is amended by striking ``less than 14 years'' and inserting ``not more 
than 16 years''.
    (2) Paragraph (1) of subsection (b) of such section is amended--
        (A) in subparagraph (A), by striking ``$8,000'' and inserting 
    ``$15,000'';
        (B) in subparagraph (B), by striking ``$4,000'' and inserting 
    ``$7,500''; and
        (C) in subparagraph (C), by striking ``$3,500'' and inserting 
    ``$6,000''.
    (3) Such subsection is further amended by adding at the end the 
following new paragraph:
    ``(3) A person entitled to a bonus under this section who is called 
or ordered to active duty shall be paid, during that period of active 
duty, any amount of the bonus that becomes payable to the member during 
that period of active duty.''.
    (g) Effective Date.--The amendment made by subsection (a)(2) shall 
apply only with respect to the computation of a bonus under section 
308(a)(2)(A) of title 37, United States Code, made on or after the date 
of the enactment of this Act.

SEC. 619. BONUS FOR CERTAIN INITIAL SERVICE OF 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 officers 
            in the Selected Reserve

    ``(a) Affiliation Bonus.--(1) The Secretary concerned may pay an 
affiliation bonus under this section to an eligible 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) An 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 an 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.--(1) 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.
    ``(2) A person entitled to a bonus under this section who is called 
or ordered to active duty shall be paid, during that period of active 
duty, any amount of the bonus that becomes payable to the member during 
that period of active duty.
    ``(f) Relation to Other Accession Bonus Authority.--A person may 
not 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 or an appointment 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 inserting after the item relating to section 
308i the following new item:

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

SEC. 620. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE PROFICIENCY 
              PAY.

    (a) In General.--(1) Section 316 of title 37, United States Code, 
is amended to read as follows:

``Sec. 316. Special pay and bonus for members with foreign language 
            proficiency

    ``(a) Availability of Special Pay.--Subject to subsection (c), the 
Secretary concerned may pay monthly special pay under this section to a 
member of the uniformed services who is entitled to basic pay under 
section 204 of this title and who--
        ``(1) is qualified in a uniformed services specialty requiring 
    proficiency in a foreign language identified by the Secretary 
    concerned as a foreign language in which it is necessary to have 
    personnel proficient because of national defense or public health 
    considerations;
        ``(2) received training, under regulations prescribed by the 
    Secretary concerned, designed to develop a proficiency in such a 
    foreign language;
        ``(3) is assigned to duties requiring a proficiency in such a 
    foreign language; or
        ``(4) is proficient in a foreign language for which the 
    uniformed service may have a critical need, as determined by the 
    Secretary concerned.
    ``(b) Availability of Bonus.--Subject to subsection (c), the 
Secretary concerned may pay an annual bonus under this section to a 
member of a reserve component who satisfies the eligibility 
requirements specified in paragraph (1), (2), (3), or (4) of subsection 
(a).
    ``(c) Certification of Proficiency.--To be eligible to receive 
special pay or a bonus under this section, a member described in 
subsection (a) or (b) must be certified by the Secretary concerned as 
being proficient in the foreign language for which the special pay or 
bonus is offered. The certification of the member shall expire at the 
end of the one-year period beginning on the first day of the first 
month beginning on or after the certification date.
    ``(d) Special Pay and Bonus Amounts.--(1) The monthly rate for 
special pay paid under subsection (a) may not exceed $1,000.
    ``(2) The maximum amount of the bonus paid to a member under 
subsection (b) may not exceed $6,000 for the one-year period covered by 
the certification of the member. The Secretary concerned may pay the 
bonus in a single lump sum at the beginning of the certification period 
or in installments during the certification period.
    ``(e) Relationship to Other Pay or Allowance.--(1) Except as 
provided in paragraph (2), special pay or a bonus paid under this 
section is in addition to any other pay or allowance payable to a 
member under any other provision of law.
    ``(2) If a member of a reserve component serving on active duty 
receives special pay under subsection (a) for any month occurring 
during a certification period in which the member received, or is 
receiving, a bonus under subsection (b), the amount of the special pay 
paid to the member for the month shall be reduced by an amount equal to 
\1/12\ of the bonus amount.
    ``(f) Certification Interrupted by Contingency Operation.--(1) 
Notwithstanding subsection (c), the Secretary concerned may waive the 
certification requirement under such subsection and pay monthly special 
pay or a bonus under this section to a member who--
        ``(A) is assigned to duty in connection with a contingency 
    operation;
        ``(B) is unable to schedule or complete the certification 
    required by subsection (c) because of that assignment; and
        ``(C) except for the lack of such certification, satisfies the 
    eligibility requirements for receipt of special pay under 
    subsection (a) or a bonus under subsection (b), whichever applies 
    to the member.
    ``(2) For purposes of providing an annual bonus to a member under 
the authority of this subsection, the Secretary concerned may treat the 
date on which the member was assigned to duty in connection with the 
contingency operation as equivalent to a certification date. In the 
case of a member whose certification will expire during such a duty 
assignment, the Secretary shall commence the next one-year 
certification period on the date on which the prior certification 
period expires.
    ``(3) A member who is paid special pay or a bonus under the 
authority of this subsection shall complete the certification required 
by subsection (c) for the foreign language for which the special pay or 
bonus was paid not later than the end of the 180-day period beginning 
on the date on which the member is released from the assignment in 
connection with the contingency operation. The Secretary concerned may 
extend that period for a member in accordance with regulations 
prescribed under subsection (h).
    ``(4) If a member fails to obtain the required certification under 
subsection (c) before the end of the period provided under paragraph 
(3), the Secretary concerned may require the member to repay all or a 
portion of the bonus in the manner provided in subsection (g).
    ``(g) Repayment of Bonus.--(1) The Secretary concerned may require 
a member who receives a bonus under this section, but who does not 
satisfy an eligibility requirement specified in paragraph (1), (2), 
(3), or (4) of subsection (a) for the entire certification period, to 
repay to the United States an amount which bears the same ratio to the 
total amount of the bonus paid to the member as the unsatisfied portion 
of the certification period bears to the entire certification period.
    ``(2) An obligation to repay the United States imposed under 
paragraph (1) or subsection (f)(4) is for all purposes a debt owed to 
the United States. A discharge in bankruptcy under title 11 that is 
entered for the member less than five years after the expiration of the 
certification period does not discharge the member from a debt arising 
under this paragraph. This paragraph applies to any case commenced 
under title 11 after the date of the enactment of this section.
    ``(h) Regulations.--This section shall be administered under 
regulations prescribed by the Secretary of Defense for the armed forces 
under the jurisdiction of the Secretary, by the Secretary of Homeland 
Security for the Coast Guard when the Coast Guard is not operating as a 
service in the Navy, by the Secretary of Health and Human Services for 
the Commissioned Corps of the Public Health Service, and by the 
Secretary of Commerce for the National Oceanic and Atmospheric 
Administration.''.
    (2) The table of sections at the beginning of chapter 5 of such 
title is amended by striking the item relating to section 316 and 
inserting the following new item:

``316. Special pay and bonus for members with foreign language 
          proficiency.''.

    (b) Conforming Amendments.--(1) Section 316a of title 37, United 
States Code, is repealed.
    (2) The table of sections at the beginning of chapter 5 of such 
title is amended by striking the item relating to section 316a.

SEC. 621. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR CRITICAL 
              SKILLS RETENTION BONUS WHILE SERVING ON INDEFINITE 
              REENLISTMENT.

    Section 323(a) of title 37, United States Code, is amended--
        (1) by striking ``or'' at the end of paragraph (1);
        (2) in paragraph (2)--
            (A) by inserting ``other than an enlisted member referred 
        to in paragraph (3),'' after ``enlisted member,''; and
            (B) by striking the period at the end and inserting ``; 
        or''; and
        (3) by adding at the end the following new paragraph:
        ``(3) in the case of an enlisted member serving pursuant to an 
    indefinite reenlistment, the member executes a written agreement to 
    remain on active duty for a period of at least one year.''.

SEC. 622. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR INCENTIVE BONUS 
              FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY TO EASE 
              PERSONNEL SHORTAGE.

    (a) Eligibility.--Section 326 of title 37, United States Code, is 
amended--
        (1) in subsection (a), by inserting ``of a regular or reserve 
    component'' after ``an eligible member'';
        (2) in subsection (b)--
            (A) by striking ``if--'' and all that follows through ``at 
        the time'' and inserting ``if, at the time''; and
            (B) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2), respectively; and
        (3) in subsection (c)(2), by inserting ``regular or reserve 
    component of the'' after ``chief personnel officer of the''.
    (b) Amount of Bonus.--Subsection (c)(1) of such section is amended 
by inserting before the period at the end the following: ``, in the 
case of a member of a regular component of the armed forces, and 
$2,000, in the case of a member of a reserve component of the armed 
forces''.

SEC. 623. PERMANENT INCREASE IN AUTHORIZED AMOUNTS FOR IMMINENT DANGER 
              SPECIAL PAY AND FAMILY SEPARATION ALLOWANCE.

    (a) Imminent Danger Pay.--(1) Subsection (e) of section 310 of 
title 37, United States Code, is amended by striking ``December 31, 
2004'' and inserting ``December 31, 2005''.
    (2) Effective January 1, 2006, such section is further amended--
        (A) in subsection (a), by striking ``$150'' and inserting 
    ``$225''; and
        (B) by striking subsection (e).
    (b) Family Separation Allowance.--(1) Subsection (e) of section 427 
of such title is amended by striking ``December 31, 2004'' and 
inserting ``December 31, 2005''.
    (2) Effective January 1, 2006, such section is further amended--
        (A) in subsection (a)(1), by striking ``$100'' and inserting 
    ``$250''; and
        (B) by striking subsection (e).

            Subtitle C--Travel and Transportation Allowances

SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO 
              ATTEND BURIAL CEREMONY OR MEMORIAL SERVICE OF MEMBER WHO 
              DIES ON DUTY.

    (a) Authorized Travel Destinations.--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) of section 1482 of title 10 or attend a memorial 
service for the deceased member, under circumstances covered by 
subsection (d) of such section''.
    (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. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO SERIOUS ILLNESS 
              OR INJURY OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) Removal of Limitation on Number of Family Members.--Subsection 
(a)(1) of section 411h of title 37, United States Code, is amended--
        (1) by striking ``two family members'' and inserting ``three 
    family members''; and
        (2) by adding at the end the following new sentence: ``In 
    circumstances determined to be appropriate by the Secretary 
    concerned, the Secretary may waive the limitation on the number of 
    family members provided travel and transportation under this 
    section.''.
    (b) Availability of Per Diem.--Such section is further amended--
        (1) in subsection (a)(1), by inserting ``travel and'' before 
    ``transportation''; and
        (2) in subsection (c)--
            (A) by inserting ``(1)'' after ``(c)''; and
            (B) by adding at the end the following new paragraph:
    ``(2) In addition to the transportation authorized by subsection 
(a), the Secretary concerned may provide a per diem allowance or 
reimbursement for the actual and necessary expenses of the travel, or a 
combination thereof, but not to exceed the rates established under 
section 404(d) of this title.''.
    (c) Effective Date.--Section 411h of title 37, United States Code, 
as amended by this section, shall apply to travel and transportation 
authorized under such section that is provided on or after October 1, 
2004, to family members of a member of the Armed Forces who is ill or 
injured as described in such section.

SEC. 633. REIMBURSEMENT FOR CERTAIN LODGING COSTS INCURRED IN 
              CONNECTION WITH DEPENDENT STUDENT TRAVEL.

    Section 430(b) of title 37, United States Code, is amended--
        (1) by redesignating paragraphs (2) and (3) as paragraphs (3) 
    and (4), respectively; and
        (2) by inserting after paragraph (1) the following new 
    paragraph (2):
    ``(2) The allowance authorized under paragraph (1) for the travel 
of an eligible dependent may include reimbursement for costs incurred 
by or on behalf of 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 the reimbursement shall be determined using the rate 
applicable to such circumstances.''.

             Subtitle D--Retired Pay and Survivor Benefits

SEC. 641. COMPUTATION OF HIGH-36 MONTH AVERAGE FOR RESERVE COMPONENT 
              MEMBERS RETIRED FOR DISABILITY WHILE ON ACTIVE DUTY OR 
              DYING WHILE ON ACTIVE DUTY.

    (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 case 
    of a member of a reserve component who is entitled to retired pay 
    under section 1201 or 1202 of this title, the member's high-three 
    average (notwithstanding paragraphs (1) and (2)) is computed in the 
    same manner as prescribed in paragraphs (2) and (3) of subsection 
    (d) for a member entitled to retired pay under section 1204 or 1205 
    of this title.''.
    (b) Effective Date.--Paragraph (3) of section 1407(c) of title 10, 
United States Code, as added by subsection (a), shall take effect--
        (1) for purposes of determining an annuity under subchapter II 
    or III of chapter 73 of that title, with respect to deaths on 
    active duty on or after September 10, 2001; and
        (2) for purposes of determining the amount of retired pay of a 
    member of a reserve component entitled to retired pay under section 
    1201 or 1202 of such title, with respect to such entitlement that 
    becomes effective on or after the date of the enactment of this 
    Act.

SEC. 642. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND 
              VETERANS' DISABILITY COMPENSATION FOR MILITARY RETIREES 
              WITH SERVICE-CONNECTED DISABILITIES RATED AS 100 PERCENT.

    (a) Termination of Phase-In at End of 2004.--Subsection (a)(1) of 
section 1414 of title 10, United States Code, is amended by inserting 
before the period at the end the following: ``, except that in the case 
of a qualified retiree receiving veterans' disability compensation for 
a disability rated as 100 percent, payment of retired pay to such 
veteran is subject to subsection (c) only during the period beginning 
on January 1, 2004, and ending on December 31, 2004''.
    (b) Conforming Amendment.--Subsection (c) of such section is 
amended in the matter preceding paragraph (1) by inserting ``that 
pursuant to the second sentence of subsection (a)(1) is subject to this 
subsection'' after ``a qualified retiree''.

SEC. 643. DEATH BENEFITS ENHANCEMENT.

    (a) Actions on Fiscal Year 2004 Death Benefits Study.--(1) The 
Secretary of Defense shall expedite the completion and submission of 
the report, which was due on March 1, 2004, of the results of the study 
of the Federal death benefits for survivors of deceased members of the 
Armed Forces required by section 647(b) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1520).
    (2) The President should promptly transmit to Congress any 
recommendation for legislation, together with a request for 
appropriations, that the President determines necessary to implement 
any death benefits enhancements that are recommended in the report 
referred to in paragraph(1).
    (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 title 37 are increased under section 1009 of that title 
or any other provision of law, the amount of the death gratuity in 
effect 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 
transmits to Congress the budget for fiscal year 2006 under section 
1105(a) of title 31, United States Code, the President shall transmit 
to Congress assessments and recommendations regarding legislation on 
proposals that would provide enhanced death benefits for survivors of 
deceased members of the uniformed services. Those assessments and 
recommendations regarding legislation shall include provisions for the 
following:
        (1) Revision of the Servicemembers' Group Life Insurance 
    program under chapter 19 of title 38, United States Code, to 
    provide for--
            (A) an increase in the maximum benefit amount provided 
        under that program from $250,000 to $350,000;
            (B) an increase, each fiscal year, in that maximum benefit 
        amount 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
            (C) a minimum benefit amount 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 (B).
        (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 as 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 
assessments and recommendations required under subsection (c).
    (e) Fiscal Year 2006 Budget Submission.--The budget for fiscal year 
2006 that is transmitted to Congress under section 1105(a) of title 31, 
United States Code, shall include assessments and recommendations on 
legislation (other than draft appropriations) that includes provisions 
that, on the basis of the assumption that any draft legislation 
transmitted 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 any draft legislation 
    transmitted under subsection (c), for fiscal year 2006 and each of 
    the succeeding 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 transmit any 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.

SEC. 644. PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION FOR 
              SURVIVING SPOUSES UNDER SURVIVOR BENEFIT PLAN.

    (a) Phased Increase in Basic Annuity.--
        (1) Standard annuity.--
            (A) Increase to 55 percent.--Clause (i) of subsection 
        (a)(1)(B) of section 1451 of title 10, United States Code, is 
        amended by striking ``35 percent of the base amount.'' and 
        inserting ``the product of the base amount and the percent 
        applicable to the month, as follows:
                ``(I) For a month before October 2005, the applicable 
            percent is 35 percent.
                ``(II) For months after September 2005 and before April 
            2006, the applicable percent is 40 percent.
                ``(III) For months after March 2006 and before April 
            2007, the applicable percent is 45 percent.
                ``(IV) For months after March 2007 and before April 
            2008, the applicable percent is 50 percent.
                ``(V) For months after March 2008, the applicable 
            percent is 55 percent.''.
            (B) Coordination with savings provision under prior law.--
        Clause (ii) of such subsection is amended by striking ``, at 
        the time the beneficiary becomes entitled to the annuity,''.
        (2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I) of 
    such section is amended by striking ``35 percent'' and inserting 
    ``the percent specified under subsection (a)(1)(B)(i) as being 
    applicable for the month''.
        (3) Survivors of eligible persons dying on active duty, etc.--
            (A) Increase to 55 percent.--Clause (i) of subsection 
        (c)(1)(B) of such section is amended--
                (i) by striking ``35 percent'' and inserting ``the 
            applicable percent''; and
                (ii) by adding at the end the following: ``The percent 
            applicable for a month under the preceding sentence is the 
            percent specified under subsection (a)(1)(B)(i) as being 
            applicable for that month.''.
            (B) Coordination with savings provision under prior law.--
        Clause (ii) of such subsection is amended by striking ``, at 
        the time the beneficiary becomes entitled to the annuity,''.
        (4) Clerical amendment.--The heading for subsection (d)(2)(A) 
    of such section is amended to read as follows: ``Computation of 
    annuity.--''.
    (b) Corresponding Phased Elimination of Supplemental Annuity.--
        (1) Phased reduction of supplemental annuity.--Section 1457(b) 
    of title 10, United States Code, is amended--
            (A) by striking ``5, 10, 15, or 20 percent'' and inserting 
        ``the applicable percent''; and
            (B) by inserting after the first sentence the following: 
        ``The percent used for the computation shall be an even 
        multiple of 5 percent and, whatever the percent specified in 
        the election, may not exceed 20 percent for months before 
        October 2005, 15 percent for months after September 2005 and 
        before April 2006, 10 percent for months after March 2006 and 
        before April 2007, and 5 percent for months after March 2007 
        and before April 2008.''.
        (2) Repeal upon implementation of 55 percent sbp annuity.--
    Effective on April 1, 2008, chapter 73 of such title is amended--
            (A) by striking subchapter III; and
            (B) by striking the item relating to subchapter III in the 
        table of subchapters at the beginning of that chapter.
    (c) Recomputation of Annuities.--
        (1) Periodic recomputation required.--Effective on the first 
    day of each month specified in paragraph (2)--
            (A) each annuity under section 1450 of title 10, United 
        States Code, that commenced before that month, is computed 
        under a provision of section 1451 of that title amended by 
        subsection (a), and is payable for that month shall be 
        recomputed so as to be equal to the amount that would be in 
        effect if the percent applicable for that month under that 
        provision, as so amended, had been used for the initial 
        computation of the annuity; and
            (B) each supplemental survivor annuity under section 1457 
        of such title that commenced before that month and is payable 
        for that month shall be recomputed so as to be equal to the 
        amount that would be in effect if the percent applicable for 
        that month under that section, as amended by this section, had 
        been used for the initial computation of the supplemental 
        survivor annuity.
        (2) Time for recomputation.--The requirement under paragraph 
    (1) for recomputation of certain annuities applies with respect to 
    the following months:
            (A) October 2005.
            (B) April 2006.
            (C) April 2007.
            (D) April 2008.
    (d) Termination of Retired Pay Reductions for Supplemental Survivor 
Annuities.--(1) Except as provided in paragraph (2), there shall be no 
reduction in retired pay under section 1460 of title 10, United States 
Code, for any month beginning after the date of the enactment of this 
Act.
    (2) Reductions in retired pay under section 1460 of title 10, 
United States Code, shall be made for months after September 2005 in 
the case of coverage under subchapter III of chapter 73 of title 10, 
United States Code, that is provided (for new coverage or increased 
coverage) through an election under the open season provided by section 
645. 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 reductions in 
retired pay under section 1460 of title 10, United States Code, 
pursuant to the preceding sentence are adjusted to achieve the 
objectives set forth in subsection (b) of that section.

SEC. 645. ONE-YEAR 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 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.
        (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.
        (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 is 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) Premium for Open Enrollment Election.--
        (1) Premiums to be charged.--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--
            (A) 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;
            (B) 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
            (C) 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.
        (2) Premiums to be credited to retirement fund.--Premiums paid 
    under the regulations under paragraph (1) shall be credited to the 
    Department of Defense Military Retirement Fund.
    (h) Definitions.--In this section:
        (1) The term ``Survivor Benefit Plan'' means the program 
    established under subchapter II of chapter 73 of title 10, United 
    States Code.
        (2) The term ``Supplemental Survivor Benefit Plan'' means the 
    program established under subchapter III of chapter 73 of title 10, 
    United States Code.
        (3) The term ``retired pay'' includes retainer pay paid under 
    section 6330 of title 10, United States Code.
        (4) The terms ``uniformed services'' and ``Secretary 
    concerned'' have the meanings given those terms in section 101 of 
    title 37, United States Code.
        (5) 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--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEGISLATIVE PROVISIONS 
              REGARDING DEFENSE COMMISSARY SYSTEM AND EXCHANGES AND 
              OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES.

    (a) Provisions Related to Commissary Stores.--Chapter 147 of title 
10, United States Code, is amended--
        (1) by striking the table of sections at the beginning of the 
    chapter and sections 2481, 2483, 2485, and 2487;
        (2) by redesignating sections 2482, 2484, and 2486 as sections 
    2485, 2483 and 2484, respectively;
        (3) by inserting after the chapter heading the following:

``Subchapter
                                                                    Sec.
``I. Defense Commissary and Exchange Systems......................  2481

``II. Relationship, Continuation, and Common Policies of Defense 
Commissary and Exchange Systems...................................  2487

``III. Morale, Welfare, and Recreation Programs and 
Nonappropriated Fund Instrumentalities............................  2491

        ``SUBCHAPTER I--DEFENSE COMMISSARY AND EXCHANGE SYSTEMS

``Sec.
``2481. Defense commissary and exchange systems: existence and purpose
``2482. Commissary stores: criteria for establishment or closure; store 
          size.
``2483. Commissary stores: use of appropriated funds to cover operating 
          expenses.
``2484. Commissary stores: merchandise that may be sold; uniform 
          surcharges and pricing.
``2485. Commissary stores: operation.

``Sec. 2481. Defense commissary and exchange systems: existence and 
            purpose

    ``(a) Separate Systems.--The Secretary of Defense shall operate, in 
the manner provided by this chapter and other provisions of law, a 
world-wide system of commissary stores and a separate world-wide system 
of exchange stores. The stores of each system may sell, at reduced 
prices, food and other merchandise to members of the uniformed services 
on active duty, members of the uniformed services entitled to retired 
pay, dependents of such members, and persons authorized to use the 
system under chapter 54 of this title.
    ``(b) Purpose of Systems.--The defense commissary system and the 
exchange system are intended to enhance the quality of life of members 
of the uniformed services, retired members, and dependents of such 
members, and to support military readiness, recruitment, and retention.
    ``(c) Oversight.--(1) The Secretary of Defense shall designate a 
senior official of the Department of Defense to oversee the operation 
of both the defense commissary system and the exchange system.
    ``(2) The Secretary of Defense shall establish an executive 
governing body to provide advice to the senior official designated 
under paragraph (1) regarding the operation of the defense commissary 
and exchange systems and to ensure the complementary operation of the 
systems.
    ``(d) Reduced Prices Defined.--In this section, the term `reduced 
prices' means prices for food and other merchandise determined using 
the price setting process specified in section 2484 of this title.

``Sec. 2482. Commissary stores: criteria for establishment or closure; 
            store size

    ``(a) Primary Consideration for Establishment.--The needs of 
members of the armed forces on active duty and the needs of dependents 
of such members shall be the primary consideration whenever the 
Secretary of Defense--
        ``(1) assesses the need to establish a commissary store; and
        ``(2) selects the actual location for the store.
    ``(b) Store Size.--In determining the size of a commissary store, 
the Secretary of Defense shall take into consideration the number of 
all authorized patrons of the defense commissary system who are likely 
to use the store.
    ``(c) Closure Considerations.--(1) Whenever assessing whether to 
close a commissary store, the effect of the closure on the quality of 
life of members and dependents referred to in subsection (a) who use 
the store and on the welfare and security of the military community in 
which the commissary is located shall be a primary consideration.
    ``(2) Whenever assessing whether to close a commissary store, the 
Secretary of Defense shall also consider the effect of the closure on 
the quality of life of members of the reserve components of the armed 
forces.
    ``(d) Congressional Notification.--(1) The closure of a commissary 
store shall not take effect until the end of the 90-day period 
beginning on the date on which the Secretary of Defense submits to 
Congress written notice of the reasons supporting the closure. The 
written notice shall include an assessment of the impact closure will 
have on the quality of life for military patrons and the welfare and 
security of the military community in which the commissary is located.
    ``(2) Paragraph (1) shall not apply in the case of the closure of a 
commissary store as part of the closure of a military installation 
under a base closure law.'';
        (4) by inserting sections 2483 and 2484, as redesignated by 
    paragraph (2), after section 2482, as added by paragraph (3);
        (5) in section 2484, as redesignated by paragraph (2)--
            (A) by striking subsections (a), (b), (c), and (g);
            (B) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (C) by inserting before subsection (f), as so redesignated, 
        the following new subsections:
    ``(a) In General.--As provided in section 2481(a) of this title, 
commissary stores are intended to be similar to commercial grocery 
stores and may sell merchandise similar to that sold in commercial 
grocery stores.
    ``(b) Authorized Commissary Merchandise Categories.--Merchandise 
sold in, at, or by commissary stores may include items in the following 
categories:
        ``(1) Meat, poultry, seafood, and fresh-water fish.
        ``(2) Nonalcoholic beverages.
        ``(3) Produce.
        ``(4) Grocery food, whether stored chilled, frozen, or at room 
    temperature.
        ``(5) Dairy products.
        ``(6) Bakery and delicatessen items.
        ``(7) Nonfood grocery items.
        ``(8) Tobacco products.
        ``(9) Health and beauty aids.
        ``(10) Magazines and periodicals.
    ``(c) Inclusion of Other Merchandise Items.--(1) The Secretary of 
Defense may authorize the sale in, at, or by commissary stores of 
merchandise not covered by a category specified in subsection (b). The 
Secretary shall notify Congress of all merchandise authorized for sale 
pursuant to this paragraph, as well as the removal of any such 
authorization.
    ``(2) Notwithstanding paragraph (1), the Department of Defense 
military resale system shall continue to maintain the exclusive right 
to operate convenience stores, shopettes, and troop stores, including 
such stores established to support contingency operations.
    ``(3) A military exchange shall be the vendor for the sale of 
tobacco products in commissary stores and may be the vendor for such 
merchandise as may be authorized for sale in commissary stores under 
paragraph (1). Subsections (d) and (e) shall not apply to the pricing 
of such an item when a military exchange serves as the vendor of the 
item. Commissary store and exchange prices shall be comparable for such 
an item.
    ``(d) Uniform Sales Price Surcharge.--The Secretary of Defense 
shall apply a uniform surcharge equal to five percent on the sales 
prices established under subsection (e) for each item of merchandise 
sold in, at, or by commissary stores.'';
            (D) in subsection (e), as so redesignated, by striking 
        ``(consistent with this section and section 2685 of this 
        title)'' in paragraph (1);
            (E) in subsection (g), as so redesignated, by striking 
        ``Subsections (c) and (d)'' and inserting ``Subsections (d) and 
        (e)''; and
            (F) by adding at the end the following new subsection:
    ``(h) Use of Surcharge for Construction, Repair, Improvement, and 
Maintenance.--(1)(A) The Secretary of Defense may use the proceeds from 
the surcharges imposed under subsection (d) only--
        ``(i) to acquire (including acquisition by lease), construct, 
    convert, expand, improve, repair, maintain, and equip the physical 
    infrastructure of commissary stores and central product processing 
    facilities of the defense commissary system; and
        ``(ii) to cover environmental evaluation and construction costs 
    related to activities described in clause (i), including costs for 
    surveys, administration, overhead, planning, and design.
    ``(B) In subparagraph (A), the term `physical infrastructure' 
includes real property, utilities, and equipment (installed and free 
standing and including computer equipment), necessary to provide a 
complete and usable commissary store or central product processing 
facility.
    ``(2)(A) The Secretary of Defense may authorize a nonappropriated 
fund instrumentality of the United States to enter into a contract for 
construction of a shopping mall or similar facility for a commissary 
store and one or more nonappropriated fund instrumentality activities. 
The Secretary may use the proceeds of surcharges under subsection (d) 
to reimburse the nonappropriated fund instrumentality for the portion 
of the cost of the contract that is attributable to construction of the 
commissary store or to pay the contractor directly for that portion of 
such cost.
    ``(B) In subparagraph (A), the term `construction', with respect to 
a facility, includes acquisition, conversion, expansion, installation, 
or other improvement of the facility.
    ``(3) The Secretary of Defense, with the approval of the Director 
of the Office of Management and Budget, may obligate anticipated 
proceeds from the surcharges under subsection (d) for any use specified 
in paragraph (1) or (2), without regard to fiscal year limitations, if 
the Secretary determines that such obligation is necessary to carry out 
any use of such adjustments or surcharges specified in such paragraph.
    ``(4) Revenues received by the Secretary of Defense from the 
following sources or activities of commissary store facilities shall be 
available for the purposes set forth in paragraphs (1), (2), and (3):
        ``(A) Sale of recyclable materials.
        ``(B) Sale of excess and surplus property.
        ``(C) License fees.
        ``(D) Royalties.
        ``(E) Fees paid by sources of products in order to obtain 
    favorable display of the products for resale, known as business 
    related management fees.'';
        (6) by inserting section 2485, as redesignated by paragraph 
    (2), after section 2484, as amended by paragraph (5); and
        (7) in section 2485, as redesignated by paragraph (2)--
            (A) in subsection (b)(2), by striking ``section 2484'' and 
        inserting ``section 2483'';
            (B) in subsection (c)(2), by adding at the end the 
        following new sentences: ``The chairman of the governing board 
        shall be a commissioned officer or member of the senior 
        executive service who has demonstrated experience or knowledge 
        relevant to the management of the defense commissary system. In 
        selecting other members of the governing board, the Secretary 
        shall give priority to persons with experience related to 
        logistics, military personnel, military entitlements or other 
        experiences of value of management of commissaries.''; and
            (C) by adding at the end the following new subsections:
    ``(d) Assignment of Active Duty Members.--(1) Except as provided in 
paragraph (2), members of the armed forces on active duty may not be 
assigned to the operation of a commissary store.
    ``(2)(A) The Secretary of Defense may assign an officer on the 
active-duty list to serve as the Director of the Defense Commissary 
Agency.
    ``(B) Not more than 18 members (in addition to the officer referred 
to in subparagraph (A)) of the armed forces on active duty may be 
assigned to the Defense Commissary Agency. Members who may be assigned 
under this subparagraph to regional headquarters of the agency shall be 
limited to enlisted members assigned to duty as advisers in the 
regional headquarters responsible for overseas commissaries and to 
veterinary specialists.
    ``(e) Reimbursement for Use of Commissary Facilities by Military 
Departments.--(1) The Secretary of a military department shall pay the 
Defense Commissary Agency the amount determined under paragraph (2) for 
any use of a commissary facility by the military department for a 
purpose other than commissary sales or operations in support of 
commissary sales.
    ``(2) The amount payable under paragraph (1) for use of a 
commissary facility by a military department shall be equal to the 
share of depreciation of the facility that is attributable to that use, 
as determined under regulations prescribed by the Secretary of Defense.
    ``(3) The Director of the Defense Commissary Agency shall credit 
amounts paid under paragraph (1) for use of a facility to an 
appropriate account to which proceeds of a surcharge applied under 
section 2484(d) of this title are credited.
    ``(4) This subsection applies with respect to a commissary facility 
that is acquired, constructed, converted, expanded, installed, or 
otherwise improved (in whole or in part) with the proceeds of a 
surcharge applied under section 2484(d) of this title.
    ``(f) Donation of Unusable Food.--(1) The Secretary of Defense may 
donate food described in paragraph (2) to any of the following 
entities:
        ``(A) A charitable nonprofit food bank that is designated by 
    the Secretary of Defense or the Secretary of Health and Human 
    Services as authorized to receive such donations.
        ``(B) A State or local agency that is designated by the 
    Secretary of Defense or the Secretary of Health and Human Services 
    as authorized to receive such donations.
        ``(C) A chapter or other local unit of a recognized national 
    veterans organization that provides services to persons without 
    adequate shelter and is designated by the Secretary of Veterans 
    Affairs as authorized to receive such donations.
        ``(D) A not-for-profit organization that provides care for 
    homeless veterans and is designated by the Secretary of Veterans 
    Affairs as authorized to receive such donations.
    ``(2) Food that may be donated under this subsection is commissary 
store food, mess food, meals ready-to-eat (MREs), rations known as 
humanitarian daily rations (HDRs), and other food available to the 
Secretary of Defense that--
        ``(A) is certified as edible by appropriate food inspection 
    technicians;
        ``(B) would otherwise be destroyed as unusable; and
        ``(C) in the case of commissary store food, is unmarketable and 
    unsaleable.
    ``(3) In the case of commissary store food, a donation under this 
subsection shall take place at the site of the commissary store that is 
donating the food.
    ``(4) This subsection does not authorize any service (including 
transportation) to be provided in connection with a donation under this 
subsection.
    ``(g) Collection of Dishonored Checks.--(1) The Secretary of 
Defense may impose a charge for the collection of a check accepted at a 
commissary store that is not honored by the financial institution on 
which the check is drawn. The imposition and amounts of charges shall 
be consistent with practices of commercial grocery stores regarding 
dishonored checks.
    ``(2)(A) The following persons are liable to the United States for 
the amount of a check referred to in paragraph (1) that is returned 
unpaid to the United States, together with any charge imposed under 
that paragraph:
        ``(i) The person who presented the check.
        ``(ii) Any person whose status and relationship to the person 
    who presented the check provide the basis for that person's 
    eligibility to make purchases at a commissary store.
    ``(B) Any amount for which a person is liable under subparagraph 
(A) may be collected by deducting and withholding such amount from any 
amounts payable to that person by the United States.
    ``(3) Amounts collected as charges imposed under paragraph (1) 
shall be credited to the commissary trust revolving fund.
    ``(4) Appropriated funds may be used to pay any costs incurred in 
the collection of checks and charges referred to in paragraph (1). An 
appropriation account charged a cost under the preceding sentence shall 
be reimbursed the amount of that cost out of funds in the commissary 
trust revolving fund.
    ``(5) In this subsection, the term `commissary trust revolving 
fund' means the trust revolving fund maintained by the Department of 
Defense for surcharge collections and proceeds of sales of commissary 
stores.
    ``(h) Release of Certain Commercially Valuable Information to 
Public.--(1) The Secretary of Defense may limit the release to the 
public of any information described in paragraph (2) if the Secretary 
determines that it is in the best interest of the Department of Defense 
to limit the release of such information. If the Secretary determines 
to limit the release of any such information, the Secretary may provide 
for limited release of such information in accordance with paragraph 
(3).
    ``(2) Paragraph (1) applies to the following:
        ``(A) Information contained in the computerized business 
    systems of commissary stores or the Defense Commissary Agency that 
    is collected through or in connection with the use of electronic 
    scanners in commissary stores, including the following information:
            ``(i) Data relating to sales of goods or services.
            ``(ii) Demographic information on customers.
            ``(iii) Any other information pertaining to commissary 
        transactions and operations.
        ``(B) Business programs, systems, and applications (including 
    software) relating to commissary operations that were developed 
    with funding derived from commissary surcharges.
    ``(3)(A) The Secretary of Defense may, using competitive 
procedures, enter into a contract to sell information described in 
paragraph (2).
    ``(B) The Secretary of Defense may release, without charge, 
information on an item sold in commissary stores to the manufacturer or 
producer of that item or an agent of the manufacturer or producer.
    ``(C) The Secretary of Defense shall establish performance 
benchmarks and shall submit information on customer satisfaction and 
performance data to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives.
    ``(D) The Secretary of Defense may, by contract entered into with a 
business, grant to the business a license to use business programs 
referred to in paragraph (2)(B), including software used in or 
comprising any such program. The fee charged for the license shall be 
based on the costs of similar programs developed and marketed by 
businesses in the private sector, determined by means of surveys.
    ``(E) Each contract entered into under this paragraph shall specify 
the amount to be paid for information released or a license granted 
under the contract, as the case may be.
    ``(4) Information described in paragraph (2) may not be released, 
under paragraph (3) or otherwise, in a form that identifies any 
customer or that provides information making it possible to identify 
any customer.
    ``(5) Amounts received by the Secretary under this section shall be 
credited to funds derived from commissary surcharges applied under 
section 2484(e) of this title, shall be merged with those funds, and 
shall be available for the same purposes as the funds with which 
merged.''.
    (b) Relation Between Defense Commissary and Exchange Systems.--
Chapter 147 of title 10, United States Code, is further amended--
        (1) by inserting after section 2485, as amended by subsection 
    (a)(7), the following:

  ``SUBCHAPTER II--RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF 
                DEFENSE COMMISSARY AND EXCHANGE SYSTEMS

``Sec.
``2487. Relationship between defense commissary system and exchange 
          stores system.
``2488. Combined exchange and commissary stores.
``2489. Overseas commissary and exchange stores: access and purchase 
          restrictions.

``Sec. 2487. Relationship between defense commissary system and 
            exchange stores system

    ``(a) Separate Operation of Systems.--(1) Except as provided in 
paragraph (2), the defense commissary system and the exchange stores 
system shall be operated as separate systems of the Department of 
Defense.
    ``(2) Paragraph (1) does not apply to the following:
        ``(A) Combined exchange and commissary stores operated under 
    the authority provided by section 2489 of this title.
        ``(B) NEXMART stores of the Navy Exchange Service Command 
    established before October 1, 2003.
    ``(b) Consolidation or Other Organizational Changes of Defense 
Retail Systems.--(1) The operation and administration of the defense 
retail systems may not be consolidated or otherwise merged unless the 
consolidation or merger is specifically authorized by an Act of 
Congress.
    ``(2) In this subsection, the term `defense retail systems' means 
the defense commissary system and exchange stores system and other 
revenue-generating facilities operated by nonappropriated fund 
instrumentalities of the Department of Defense for the morale, welfare, 
and recreation of members of the armed forces.'';
        (2) by redesignating sections 2488, 2489, 2489a as sections 
    2495, 2495a, and 2495b, respectively; and
        (3) by redesignating sections 2490a and 2492 as sections 2488 
    and 2489, respectively, and inserting such sections after section 
    2487, as added by paragraph (1).
    (c) MWR Programs and Nonappropriated Fund Instrumentalities.--
Chapter 147 of title 10, United States Code, is further amended--
        (1) by inserting after section 2489, as redesignated and moved 
    by subsection (b)(3), the following:

    ``SUBCHAPTER III--MORALE, WELFARE, AND RECREATION PROGRAMS AND 
                 NONAPPROPRIATED FUND INSTRUMENTALITIES

``Sec.
``2491. Uniform funding and management of morale, welfare, and 
          recreation programs.
``2491a. Department of Defense golf courses: limitation on use of 
          appropriated funds.
``2491b. Use of appropriated funds for operation of Armed Forces 
          Recreation Center, Europe: limitation.
``2491c. Retention of morale, welfare, and recreation funds by military 
          installations: limitation.
``2492. Nonappropriated fund instrumentalities: contracts with other 
          agencies and instrumentalities to provide and obtain goods and 
          services.
``2493. Fisher Houses: administration as nonappropriated fund 
          instrumentality.
``2494. Nonappropriated fund instrumentalities: furnishing utility 
          services for morale, welfare, and recreation purposes.
``2495. Nonappropriated fund instrumentalities: purchase of alcoholic 
          beverages.
``2495a. Overseas package stores: treatment of United States wines.
``2495b. Sale or rental of sexually explicit material prohibited.'';

        (2) by redesignating section 2494 as section 2491 and inserting 
    such section after the table of sections at the beginning of 
    subchapter III, as added by paragraph (1);
        (3) by redesignating section 2482a as section 2492 and 
    inserting such section before section 2493;
        (4) by inserting after section 2493 the following new section:

``Sec. 2494. Nonappropriated fund instrumentalities: furnishing utility 
            services for morale, welfare, and recreation purposes

    ``Appropriations for the Department of Defense may be used to 
provide utility services for--
        ``(1) buildings on military installations authorized by 
    regulation to be used for morale, welfare, and recreation purposes; 
    and
        ``(2) other morale, welfare, and recreation activities for 
    members of the armed forces.''; and
        (5) by inserting sections 2495, 2495a, and 2495b, as 
    redesignated by subsection (b)(2), after section 2494, as added by 
    paragraph (4).
    (d) Inclusion of Other Title 10 Provisions.--Sections 2246, 2247, 
and 2219 of title 10, United States Code, are--
        (1) transferred to chapter 147 of such title;
        (2) inserted after section 2491, as redesignated and moved by 
    subsection (c)(2); and
        (3) redesignated as sections 2491a, 2491b, and 2491c, 
    respectively.
    (e) Conforming Amendments.--(1) Section 977 of title 10, United 
States Code, is repealed.
    (2) Section 2868 of such title is amended by striking ``for--'' and 
all that follows through the period at the end and inserting ``for 
buildings constructed at private cost, as authorized by law.''.
    (3) Section 367 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 
1987; 10 U.S.C. 2482 note) is repealed.
    (f) Clerical Amendments.--(1) The table of sections at the 
beginning of chapter 49 of title 10, United States Code, is amended by 
striking the item relating to section 977.
    (2) The table of sections at the beginning of chapter 131 of such 
title is amended by striking the item relating to section 2219.
    (3) The table of sections at the beginning of subchapter I of 
chapter 134 of such title is amended by striking the items relating to 
sections 2246 and 2247.
    (g) Test Program of Sale of Certain Items in Commissary Stores.--
(1) The Secretary of Defense may conduct a test program involving the 
sale of telephone cards, film, and one-time use cameras in not less 
than 10 commissary stores for a period selected by the Secretary, but 
not less than six months.
    (2) Within 90 days after the completion of the first year of the 
test program or within 90 days after the completion of the test 
program, whichever occurs first, 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 containing the 
results of the test program. The report shall include an analysis of 
the impact of the sale of such items on the exchange dividend and such 
recommendations as the Secretary considers appropriate regarding 
legislative changes necessary to expand the sale of such items in 
commissary stores.
    (h) Comptroller General Study.--(1) The Comptroller General shall 
conduct a study evaluating the impact that the expansion of the 
categories of merchandise authorized for sale in commissary stores has 
on the exchange dividend. The Comptroller General shall determine the 
amounts derived from exchange sales and allocated as exchange dividends 
during the five-year period ending on September 30, 2004, and the 
morale, welfare, and recreation programs supported using such 
dividends.
    (2) The Secretary shall submit the results of the study to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives not later than March 31, 2006.

SEC. 652. CONSISTENT STATE TREATMENT OF DEPARTMENT OF DEFENSE 
              NONAPPROPRIATED FUND HEALTH BENEFITS PROGRAM.

    Section 349 of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103-337; 10 U.S.C. 1587 note) is amended by 
adding at the end the following new subsection:
    ``(c) Treatment of Program as Federal Health Benefit Program.--(1) 
No State tax, fee, other monetary payment, or State health plan 
requirement, may be imposed, directly or indirectly, on the 
Nonappropriated Fund Uniform Health Benefits Program of the Department 
of Defense, or on a carrier or an underwriting or plan administration 
contractor of the Program, to the same extent as such prohibition 
applies to the health insurance program authorized by chapter 89 of 
title 5, United States Code, under section 8909(f) of such title.
    ``(2) Paragraph (1) shall not be construed to exempt the 
Nonappropriated Fund Uniform Health Benefits Program of the Department 
of Defense, or any carrier or underwriting or plan administration 
contractor of the Program from the imposition, payment, or collection 
of a tax, fee, or other monetary payment on the net income or profit 
accruing to, or realized by, the Program or by such carrier or 
contractor from business conducted under the Program, so long as the 
tax, fee, or payment is applicable to a broad range of business 
activity.
    ``(3) In this subsection, the term `State' means each of the 
several States, the District of Columbia, the Commonwealth of Puerto 
Rico, the United States Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands, and any political 
subdivision or other non-Federal authority thereof.''.

                       Subtitle F--Other Matters

SEC. 661. 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. 662. CLARIFICATION OF EDUCATION LOANS QUALIFYING FOR EDUCATION 
              LOAN REPAYMENT PROGRAM FOR RESERVE COMPONENT HEALTH 
              PROFESSIONS OFFICERS.

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

SEC. 663. RECEIPT OF PAY BY RESERVISTS 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. 664. RELIEF FOR MOBILIZED 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 new 
section:

``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.''.

SEC. 665. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED AND FREQUENT 
              MOBILIZATION OF RESERVISTS FOR ACTIVE DUTY SERVICE ON 
              RESERVIST INCOME.

    (a) Survey of Mobilized Reservists to Determine Differential 
Between Private Sector Income and Military Compensation.--(1) The 
Secretary of Defense shall conduct a survey involving members of the 
reserve components who serve, or have served, on active duty in support 
of a contingency operation at any time during the period beginning on 
September 11, 2001, and ending on September 30, 2005, to determine the 
extent to which such members sustained a reduction in monthly income 
during their period of active duty service compared to their average 
monthly civilian income during the 12 months preceding their 
mobilization.
    (2) To the extent practicable, at least 50 percent of the total 
number of members of the reserve components who have served on active 
duty in support of a contingency operation at any time during the 
period specified in paragraph (1) should be included in the survey. To 
participate in the survey, a member shall agree to make available to 
the Secretary such information as the Secretary may require to 
accurately calculate the average monthly civilian income of the member.
    (b) Calculation of Income Differential.--In the case of each member 
participating in the survey under subsection (a) whose total monthly 
military compensation during the active duty service of the member was 
less, or appeared to be less, than the average monthly civilian income 
of the member, the Secretary of Defense, in cooperation with the 
member, shall calculate the monthly active-duty income differential for 
the member.
    (c) Collection of Demographic Data.--The Secretary of Defense shall 
collect demographic data regarding each member of a reserve component 
who participates in the survey under subsection (a), including, at a 
minimum, data on the following:
        (1) Reserve component.
        (2) Unit of assignment.
        (3) Grade.
        (4) Age.
        (5) Years of service.
        (6) Sex.
        (7) Marital status.
        (8) Number of dependents.
        (9) General category of private-sector employment, as 
    determined by the Secretary, but to include an employment category 
    to cover members who are self-employed.
        (10) Military occupational specialty, including specifying all 
    surveyed members who are serving in a critical wartime specialty.
        (11) Length of service on active duty during the most recent 
    mobilization.
        (12) Number of times mobilized since September 11, 2001.
    (d) Consideration of Average Monthly Reserve Service Income.--The 
Secretary of Defense shall collect data to calculate the average 
monthly reserve service income of members of the reserve components 
before their mobilization, and consider such data by grade, general 
category of military occupational specialty, and years of service. The 
Secretary shall also consider the effect that the receipt of average 
monthly reserve service income by reserve component members before 
mobilization should have on any obligation of the United States to 
eliminate or at least reduce the monthly active-duty income 
differential suffered by members serving on active duty in support of a 
contingency operation.
    (e) Effect of Income Loss on Retention.--The Secretary of Defense 
shall include in the survey under subsection (a) a question intended to 
solicit information from members of the reserve components 
participating in the survey regarding the likely effect that a 
reoccurring monthly active-duty income differential while serving on 
active duty would have on their decision to remain in Armed Forces.
    (f) Analysis of Survey Data.--(1) At a minimum, the Secretary of 
Defense shall determine, for each variable listed in paragraphs (2) 
through (12) of subsection (c), the number of members of the reserve 
components surveyed under subsection (a) who sustained a monthly 
active-duty income differential for any month during their active duty 
service and compare and contrast that number with the number of members 
who did not experience a monthly active-duty income differential.
    (2) The Secretary shall also determine the average amount of the 
active-duty income differential by reserve component for each variable 
within the characteristics listed in paragraphs (2) through (12) of 
subsection (c).
    (g) Submission of Survey Results and Recommendations.--(1) Not 
later than January 31, 2006, the Secretary of Defense shall submit to 
Congress and the Comptroller General a report containing the results of 
the surveys conducted under subsection (a), including the results of 
the analysis of survey data required by subsection (f). The Secretary 
shall include such recommendations as the Secretary considers 
appropriate regarding alternatives for restoring income lost by members 
of the reserve components who sustained a monthly active-duty income 
differential during their active duty service.
    (2) Not later than 90 days after receiving the report of the 
Secretary of Defense submitted under paragraph (1), the Comptroller 
General shall submit to Congress an assessment of the findings and 
recommendations of the Secretary contained in the report.
    (h) Definitions Used in Conducting Survey and Calculations.--In 
this section:
        (1) The term ``monthly active-duty income differential'', with 
    respect to a member of a reserve component who participates in the 
    survey under subsection (a), means the difference between--
            (A) the average monthly civilian income of the member; and
            (B) the total monthly military compensation of the member 
        during the active duty service of the member.
        (2) The term ``total monthly military compensation'', with 
    respect to a member of a reserve component who participates in the 
    survey, means the amount, computed on a monthly basis, of the sum 
    of--
            (A) the amount of the regular military compensation (RMC), 
        as defined in section 101(25) of title 37, United States Code, 
        of the member during the period specified in subsection (a)(1); 
        and
            (B) any amount of special pay or incentive pay and any 
        allowance (other than an allowance included in regular military 
        compensation) that is paid to the member on a monthly basis 
        during the period specified in subsection (a)(1).
        (3) The term ``average monthly civilian income'', with respect 
    to a member of a reserve component who participates in the survey, 
    means the amount, determined by the Secretary of Defense, of the 
    earned income of the member for the 12 months preceding the first 
    mobilization of the member for active duty service in support of a 
    contingency operation during the period specified in subsection 
    (a)(1), divided by 12.
        (4) The term ``average monthly reserve service income'', with 
    respect to a member of a reserve component who participates in the 
    survey, means the amount, determined by the Secretary of Defense, 
    of the regular military compensation, compensation under section 
    206 of title 37, United States Code, and any special pays and 
    allowances referred to in paragraph (3)(B) received by the member 
    during the 12 months preceding the first mobilization of the member 
    for active duty service in support of a contingency operation 
    during the period specified in subsection (a)(1), divided by 12.

SEC. 666. STUDY OF DISABILITY BENEFITS FOR VETERANS OF SERVICE IN THE 
              ARMED FORCES WITH SERVICE-CONNECTED DISABILITIES.

    (a) Requirement for Study.--(1) The Secretary of Defense shall 
conduct a study of the totality of all current and projected disability 
benefits that are available to disabled members and former members of 
the Armed Forces for service-connected disabilities and, on the basis 
of the results of such study, determine the adequacy of those benefits.
    (2) In carrying out the study, the Secretary shall--
        (A) compare the disability benefits for members of the Armed 
    Forces with commercial and other private-sector disability benefits 
    plans that are provided for other persons in the United States who 
    are disabled by causes other than service in the Armed Forces; and
        (B) identify and assess the changes to Department of Defense 
    personnel policies needed to enhance the financial and nonfinancial 
    benefits that are provided to members and former members of the 
    Armed Forces for service-connected disabilities.
    (b) Coordination.--In carrying out the study under subsection (a) 
and preparing the report under subsection (c), the Secretary of Defense 
shall--
        (1) consult with the Secretary of Veterans Affairs and take 
    into consideration the veterans disability benefits programs that 
    are administered by the Secretary of Veterans Affairs; and
        (2) consult with, and obtain the assistance of, the Veterans' 
    Disability Benefits Commission established under title XV of the 
    National Defense Authorization Act for Fiscal Year 2004 (Public Law 
    108-136; 117 Stat. 1676).
    (c) Report.--Not later than 150 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit a report 
on the results of the study under this section to the committees of 
Congress specified in subsection (e). The report shall include the 
following:
        (1) The Secretary's assessments, analyses, and conclusions 
    resulting from the study.
        (2) Recommended legislation to address the deficiencies in the 
    system of Federal Government disability benefits for disabled 
    members and former members of the Armed Forces that are identified 
    in the course of the study.
        (3) An estimate of the costs of improvements in the system of 
    disability benefits that are provided for in the recommended 
    legislation.
    (d) GAO Study.--(1) The Comptroller General shall conduct a study 
to identify the disability benefits that are payable under Federal, 
State, and local laws for employees of the Federal Government, State 
governments, and local governments. In carrying out the study, the 
Comptroller General shall, to the extent feasible, pay particular 
attention to the disability benefits that are provided for disabilities 
incurred in the performance of jobs in which employees perform tasks 
with risks that are analogous to the risks associated with the 
performance of military tasks by members of the Armed Forces.
    (2) Not later than November 1, 2005, the Comptroller General shall 
submit a report on the results of the study under paragraph (1) to the 
committees of Congress specified in subsection (e).
    (e) Recipients of Report.--The committees of Congress to which the 
reports under subsections (d) and (e) are to be submitted are as 
follows:
        (1) The Committee on Armed Services and the Committee on 
    Veterans' Affairs of the Senate.
        (2) The Committee on Armed Services and the Committee on 
    Veterans' Affairs of the House of Representatives.

                   TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Enhanced Benefits for Reserves

Sec. 701. TRICARE coverage for members of reserve components who commit 
          to continued service in the Selected Reserve after release 
          from active duty.
Sec. 702. Comptroller General report on the cost and feasibility of 
          providing private health insurance stipends for members of the 
          Ready Reserves.
Sec. 703. Permanent earlier eligibility date for TRICARE benefits for 
          members of reserve components and their dependents.
Sec. 704. Waiver of certain deductibles under TRICARE program for 
          members on active duty for a period of more than 30 days.
Sec. 705. Authority for payment by United States of additional amounts 
          billed by health care providers to activated Reserves.
Sec. 706. Permanent extension of transitional health care benefits and 
          addition of requirement for preseparation physical 
          examination. 

                 Subtitle B--Other Benefits Improvements

Sec. 711. Opportunity for young child dependent of deceased member to 
          become eligible for enrollment in a TRICARE dental plan.
Sec. 712. Comptroller General report on provision of health, education, 
          and support services for Exceptional Family Member Program 
          enrollees.
Sec. 713. Continuation of sub-acute care for transition period. 
Sec. 714. Improvements to pharmacy benefits program 
Sec. 715. Professional accreditation of military dentists.
Sec. 716. Temporary authority for waiver of collection of payments due 
          for CHAMPUS benefits received by disabled persons unaware of 
          loss of CHAMPUS eligibility.
Sec. 717. Services of marriage and family therapists.
Sec. 718. Chiropractic health care benefits advisory committee.

            Subtitle C--Planning, Programming, and Management

Sec. 721. Pilot program for health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for 
          certain military disability retirees. 
Sec. 723. Study of mental health services. 
Sec. 724. Policy for timely notification of next of kin of members 
          seriously ill or injured in combat zones.
Sec. 725. Revised funding methodology for military retiree health care 
          benefits.
Sec. 726.  Grounds for presidential waiver of requirement for informed 
          consent or option to refuse regarding administration of drugs 
          not approved for general use.
Sec. 727. TRICARE program regional directors.

     Subtitle D--Medical Readiness Tracking and Health Surveillance

Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight 
          Committee.
Sec. 732. Medical readiness of Reserves.
Sec. 733. Baseline Health Data Collection Program.
Sec. 734. Medical care and tracking and health surveillance in the 
          theater of operations.
Sec. 735. Declassification of information on exposures to environmental 
          hazards.
Sec. 736. Report on training on environmental hazards.
Sec. 737. Uniform policy for meeting mobilization-related medical care 
          needs at military installations.
Sec. 738. Full implementation of Medical Readiness Tracking and Health 
          Surveillance Program and Force Health Protection and Readiness 
          Program.
Sec. 739. Reports and Internet accessibility relating to health matters.

               Subtitle A--Enhanced Benefits for Reserves

SEC. 701. TRICARE COVERAGE FOR MEMBERS OF RESERVE COMPONENTS WHO COMMIT 
              TO CONTINUED SERVICE IN THE SELECTED RESERVE AFTER 
              RELEASE FROM ACTIVE DUTY.

    (a) Eligibility.--(1) Chapter 55 of title 10, United States Code, 
is amended by inserting after section 1076c the following new section:

``Sec. 1076d. TRICARE program: coverage for members of reserve 
            components who commit to continued service in the Selected 
            Reserve after release from active duty

    ``(a) Eligibility.--A member of the Selected Reserve of the Ready 
Reserve of a reserve component of the armed forces is eligible for 
health benefits under TRICARE Standard as provided in this section 
after the member completes service on active duty to which the member 
was called or ordered for a period of more than 30 days on or after 
September 11, 2001, under a provision of law referred to in section 
101(a)(13)(B), if the member--
        ``(1) served continuously on active duty for 90 or more days 
    pursuant to such call or order; and
        ``(2) on or before the date of the release from such active-
    duty service, entered into an agreement with the Secretary 
    concerned to serve continuously in the Selected Reserve for a 
    period of one or more whole years following such date.
    ``(b) Period of Coverage.--(1) TRICARE Standard coverage of a 
member under this section, on the basis of active-duty service 
performed as described in subsection (a), begins upon the expiration of 
the member's entitlement to care and benefits under section 1145(a) of 
this title that is based on the same active-duty service.
    ``(2) Unless earlier terminated under paragraph (3), the period for 
TRICARE Standard coverage of a member under this section shall be equal 
to the lesser of--
        ``(A) one year, in the case of a member who is otherwise 
    eligible but does not serve continuously on active duty for 90 days 
    as described in subsection (a) because of an injury, illness, or 
    disease incurred or aggravated while deployed;
        ``(B) one year for each consecutive period of 90 days of 
    continuous active-duty service described in subsection (a); or
        ``(C) the number of whole years for which the member agrees 
    under paragraph (2) of such subsection to continue to serve in the 
    Selected Reserve after the coverage begins.
    ``(3) Eligibility for TRICARE Standard coverage of a member under 
this section shall terminate upon the termination of the member's 
service in the Selected Reserve.
    ``(c) Family Members.--While a member of a reserve component is 
covered by TRICARE Standard under the section, the members of the 
immediate family of such member are eligible for TRICARE Standard 
coverage as dependents of the member.
    ``(d) Premiums.--(1) A member of a reserve component covered by 
TRICARE Standard under this section shall pay a premium for that 
coverage.
    ``(2) The Secretary of Defense shall prescribe for the purposes of 
this section one premium for TRICARE Standard coverage of members 
without dependents and one premium for TRICARE Standard coverage of 
members with dependents referred to in subsection (f)(1). The premium 
prescribed for a coverage shall apply uniformly to all covered members 
of the reserve components.
    ``(3) The monthly amount of the premium in effect for a month for 
TRICARE Standard coverage under this section shall be the amount equal 
to 28 percent of the total monthly amount that the Secretary determines 
on an appropriate actuarial basis as being reasonable for that 
coverage.
    ``(4) The premiums payable by a member of a reserve component under 
this subsection may be deducted and withheld from basic pay payable to 
the member under section 204 of title 37 or from compensation payable 
to the member under section 206 of such title. The Secretary shall 
prescribe the requirements and procedures applicable to the payment of 
premiums.
    ``(5) Amounts collected as premiums under this subsection shall be 
credited to the appropriation available for the Defense Health Program 
Account under section 1100 of this title, shall be merged with sums in 
such Account that are available for the fiscal year in which collected, 
and shall be available under subsection (b) of such section for such 
fiscal year.
    ``(e) Relationship of Service Agreement to Other Service 
Commitments.--The service agreement required of a member of a reserve 
component under subsection (a)(2) is separate from any other form of 
commitment of the member to a period of obligated service in that 
reserve component and may cover any part or all of the same period that 
is covered by another commitment of the member to a period of obligated 
service in that reserve component.
    ``(f) Definitions.--In this section:
        ``(1) The term `immediate family', with respect to a member of 
    a reserve component, means all of the member's dependents described 
    in subparagraphs (A), (D), and (I) of section 1072(2) of this 
    title.
        ``(2) The term `TRICARE Standard' means the Civilian Health and 
    Medical Program of the Uniformed Services option under the TRICARE 
    program.
    ``(g) Regulations.--The Secretary of Defense, in consultation with 
the other administering Secretaries, shall prescribe regulations for 
the administration of this section.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1076c the 
following new item:

``1076d. TRICARE program: coverage for members of reserve components who 
          commit to continued service in the Selected Reserve after 
          release from active duty.''.

    (b) Implementation.--(1) The Secretary of Defense shall implement 
section 1076d of title 10, United States Code, not later than 180 days 
after the date of the enactment of this Act.
    (2)(A) A member of a reserve component of the Armed Forces who 
performed active-duty service described in subsection (a) of section 
1076d of title 10, United States Code, for a period beginning on or 
after September 11, 2001, and was released from that active-duty 
service before the date of the enactment of this Act, or is released 
from that active-duty service on or within 180 days after the date of 
the enactment of this Act, may, for the purpose of paragraph (2) of 
such subsection, enter into an agreement described in such paragraph 
not later than one year after the date of the enactment of this Act. 
TRICARE Standard coverage (under such section 1076d) of a member who 
enters into such an agreement under this paragraph shall begin on the 
later of--
        (i) the date applicable to the member under subsection (b) of 
    such section; or
        (ii) the date of the agreement.
    (B) The Secretary of Defense shall take such action as is necessary 
to ensure, to the maximum extent practicable, that members of the 
reserve components eligible to enter into an agreement as provided in 
subparagraph (A) actually receive information on the opportunity and 
procedures for entering into such an agreement together with a clear 
explanation of the benefits that the members are eligible to receive as 
a result of entering into such an agreement under section 1076d of 
title 10, United States Code.

SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST AND FEASIBILITY OF 
              PROVIDING PRIVATE HEALTH INSURANCE STIPENDS FOR MEMBERS 
              OF THE READY RESERVES.

    (a) Study Required.--The Comptroller General shall conduct a study 
on the cost and feasibility of providing a stipend to members of the 
Ready Reserves to offset the cost of continuing private health 
insurance coverage for the members' dependents when the members are on 
active duty for periods of more than 30 days, with the dependents being 
ineligible to enroll in the TRICARE program and payment of the stipend 
ending when the members are no longer on active duty.
    (b) Matters Covered.--The study shall include the following 
matters:
        (1) Recommendation for a benefit amount and cost to the 
    Department of Defense.
        (2) Potential effects on medical readiness, recruitment, and 
    retention.
        (3) The extent to which the Reserves and members of their 
    families might participate under the stipend program.
        (4) Administrative and management considerations for the 
    Department of Defense.
        (5) Impact of pre-existing conditions on continuity of care for 
    dependents.
        (6) Possible implications for employers.
    (c) Report.--Not later than March 31, 2005, the Comptroller General 
shall submit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives a report 
containing the results of the study under this section.

SEC. 703. PERMANENT EARLIER ELIGIBILITY DATE FOR TRICARE BENEFITS FOR 
              MEMBERS OF RESERVE COMPONENTS AND THEIR DEPENDENTS.

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

SEC. 704. WAIVER OF CERTAIN DEDUCTIBLES UNDER TRICARE PROGRAM 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 ``less than one year'' both places it appears and inserting 
``more than 30 days''.

SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF ADDITIONAL AMOUNTS 
              BILLED BY HEALTH CARE PROVIDERS TO ACTIVATED RESERVES.

    Section 1079(h) of title 10, United States Code, is amended by 
adding at the end of paragraph (4) the following new subparagraph:
    ``(C)(i) In the case of a dependent described in clause (ii), the 
regulations shall provide that, in addition to amounts otherwise 
payable by the United States, the Secretary may pay the amount referred 
to in subparagraph (B)(i).
    ``(ii) This subparagraph applies to a dependent referred to in 
subsection (a) of a member of a reserve component serving on active 
duty pursuant to a call or order to active duty for a period of more 
than 30 days in support of a contingency operation under a provision of 
law referred to in section 101(a)(13)(B) of this title.''.

SEC. 706. 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).
    (3) Paragraph (1) of such section 1145(a) is amended by striking 
``applicable''.
    (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)(A) The Secretary concerned shall require a member of the 
armed forces scheduled to be separated from active duty as described in 
paragraph (2) to undergo a physical examination immediately before that 
separation. The physical examination shall be conducted in accordance 
with regulations prescribed by the Secretary of Defense.
    ``(B) Notwithstanding subparagraph (A), if a member of the armed 
forces scheduled to be separated from active duty as described in 
paragraph (2) has otherwise undergone a physical examination within 12 
months before the scheduled date of separation from active duty, the 
requirement for a physical examination under subparagraph (A) may be 
waived in accordance with regulations prescribed under this paragraph. 
Such regulations shall require that such a waiver may be granted only 
with the consent of the member and with the concurrence of the member's 
unit commander.''.

                Subtitle B--Other Benefits Improvements

SEC. 711. 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. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF HEALTH, EDUCATION, 
              AND SUPPORT SERVICES FOR EXCEPTIONAL FAMILY MEMBER 
              PROGRAM ENROLLEES.

    (a) Evaluation Requirement.--The Comptroller General shall evaluate 
the effect of the Exceptional Family Member Program (in this section 
referred to as ``EFMP'') on health, education, and support services in 
selected civilian communities near military installations with a high 
concentration of EFMP enrollees.
    (b) Matters Covered.--The evaluation under subsection (a) shall 
include a discussion of the following:
        (1) Communities that have high concentrations of EFMP enrollees 
    that use State and local health, education, and support services.
        (2) Needs of EFMP enrollees, if any, that are not met by State 
    and local health, education, and support services.
        (3) The burdens, financial and otherwise, placed on State and 
    local health, education, and support services by EFMP enrollees and 
    their families.
        (4) The ability of the TRICARE program to meet the needs of 
    EFMP enrollees and their families.
        (5) Reasons for any limitations of the TRICARE program, the 
    EFMP, and State and local health, education, and support services 
    in providing assistance to EFMP enrollees and their families.
        (6) Recommendations for more effectively meeting the needs of 
    EFMP enrollees and their families.
    (c) Communities Covered.--The evaluation under subsection (a) shall 
examine no fewer than four civilian communities, as determined by the 
Comptroller General, that have high concentrations of EFMP enrollees 
and that are near several military installations, including at least 
two military installations with tenants from more than one of the Armed 
Forces.
    (d) Definitions.--In this section:
        (1) The term ``health, education, and support services'' means 
    services provided to children and other dependents with special 
    needs, including specialized day care, mental health day treatment 
    services, respite services, counseling, early childhood 
    intervention, special education, and other such services provided 
    for children and other dependents with special needs.
        (2) The term ``TRICARE program'' has the meaning given that 
    term in section 1072(7) of title 10, United States Code.
    (e) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the results of the evaluation required 
under subsection (a), including findings and recommendations.

SEC. 713. 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. 714. IMPROVEMENTS TO PHARMACY BENEFITS PROGRAM.

    (a) Requirement Relating to Prescription Drug Benefits for 
Medicare-Eligible Enrollees.--Section 1074g(a)(6) of title 10, United 
States Code, is amended--
        (1) by inserting ``(A)'' after ``(6)''; and
        (2) by adding at the end the following:
    ``(B) For a medicare-eligible beneficiary, the cost-sharing 
requirements may not be in excess of the cost-sharing requirements 
applicable to all other beneficiaries covered by section 1086 of this 
title. For purposes of the preceding sentence, a medicare-eligible 
beneficiary is a beneficiary eligible for health benefits under section 
1086 of this title pursuant to subsection (d)(2) of such section.''.
    (b) Improvement to Uniform Formulary Process.--Section 
1074g(a)(2)(E)(i) of such title is amended by inserting before the 
semicolon the following: ``and additional determinations by the 
Pharmacy and Therapeutics Committee of the relative clinical and cost 
effectiveness of the agents''.

SEC. 715. PROFESSIONAL ACCREDITATION OF MILITARY DENTISTS.

    Section 1077(c) of title 10, United States Code, is amended--
        (1) by striking ``A'' and inserting ``(1) Except as specified 
    in paragraph (2), a''; and
        (2) by adding at the end the following new paragraph:
    ``(2)(A) Dependents who are 12 years of age or younger and are 
covered by a dental plan established under section 1076a of this title 
may be treated by postgraduate dental residents in a dental treatment 
facility of the uniformed services 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 program, or training in 
    pediatric dental care is necessary for the residents to be 
    professionally qualified to provide dental care for dependent 
    children accompanying members of the uniformed services outside the 
    United States; and
        ``(ii) the number 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 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. 716. 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) Administering Secretaries.--In this subsection, the term 
``administering Secretaries'' has the meaning given such term in 
section 1072(3) of title 10, United States Code.

SEC. 717. 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. 718. CHIROPRACTIC HEALTH CARE BENEFITS ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 120 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, including not fewer 
    than three practicing representatives of the chiropractic health 
    care profession.
        (2) A representative of each of the uniformed services, as 
    designated by the administering Secretary 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 the 
    implementation of such program.
    (f) Report.--The Secretary of Defense, following receipt of the 
report by the advisory committee under subsection (e)(3), shall submit 
to the Committees on Armed Services of the Senate and of the House of 
Representatives a report containing the following:
        (1) A copy of the advisory committee report, together with the 
    Secretary's comments on the report.
        (2) An explanation of the criteria and rationale that the 
    Secretary used to determine that the program of chiropractic health 
    care benefits was fully implemented.
        (3) The Secretary's views with regard to the future 
    implementation of the program of chiropractic health care benefits.
    (g) 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.
    (h) Termination.--The advisory committee shall terminate 90 days 
after the date on which the Secretary submits the report under 
subsection (f).

           Subtitle C--Planning, Programming, and Management

SEC. 721. PILOT PROGRAM FOR HEALTH CARE DELIVERY.

    (a) Pilot Program.--The Secretary of Defense may conduct a pilot 
program at two or more military installations for purposes of testing 
initiatives that build cooperative health care arrangements and 
agreements between military installations and local and regional non-
military health care systems.
    (b) Requirements of Pilot Program.--In conducting the pilot 
program, the Secretary of Defense shall--
        (1) identify and analyze health care delivery options involving 
    the private sector and health care services in military facilities 
    located on the installation;
        (2) determine the cost avoidance or savings resulting from 
    innovative partnerships between the Department of Defense and the 
    private sector;
        (3) study the potential, viability, cost efficiency, and health 
    care effectiveness of Department of Defense health care providers 
    delivering health care in civilian community hospitals; and
        (4) determine the opportunities for and barriers to 
    coordinating and leveraging the use of existing health care 
    resources, including Federal, State, local, and contractor assets.
    (c) Consultation Requirements.--The Secretary of Defense shall 
develop the pilot program in consultation with the Secretaries of the 
military departments, representatives from the military installation 
selected for the pilot program, Federal, State, and local entities, and 
the TRICARE managed care support contractor with responsibility for 
that installation.
    (d) Selection of Military Installation.--The pilot program may be 
implemented at two or more military installations selected by the 
Secretary of Defense. At least one of the selected military 
installations shall meet the following criteria:
        (1) The military installation has members of the Armed Forces 
    on active duty and members of reserve components of the Armed 
    Forces that use the installation as a training and operational 
    base, with members routinely deploying in support of the global war 
    on terrorism.
        (2) The number of members of the Armed Forces on active duty 
    permanently assigned to the military installation is expected to 
    increase over the next five years.
        (3) One or more cooperative arrangements exist at the military 
    installation with civilian health care entities in the form of 
    specialty care services in the military medical treatment facility 
    on the installation.
        (4) There is a military treatment facility on the installation 
    that does not have inpatient or trauma center care capabilities.
        (5) There is a civilian community hospital near the military 
    installation with--
            (A) limited capability to expand inpatient care beds, 
        intensive care, and specialty services; and
            (B) limited or no capability to provide trauma care.
    (e) Duration of Pilot Program.--Implementation of the pilot program 
developed under this section shall begin not later than May 1, 2005, 
and shall be conducted during fiscal years 2005, 2006, and 2007.
    (f) Reports.--With respect to any pilot program conducted under 
this section, the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and of the House of Representatives--
        (1) an interim report on the program, not later than 60 days 
    after commencement of the program; and
        (2) a final report describing the results of the program with 
    recommendations for a model health care delivery system for other 
    military installations, not later than July 1, 2007.

SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSEMENT TO HOSPITALS FOR 
              CERTAIN MILITARY DISABILITY RETIREES.

    (a) Study.--The Secretary of Defense shall conduct a study of the 
feasibility, and of the desirability, of providing that a member of the 
uniformed services retired under chapter 61 of title 10, United States 
Code, shall be provided reimbursement for the travel expenses of such 
member for travel, during the two-year period beginning on the date of 
the retirement of the member, to a military treatment facility for 
medical care. The Secretary shall include in that study consideration 
of whether reimbursement under such a plan should, as nearly as 
practicable, be under the same terms and conditions, and at the same 
rate, as apply to beneficiary travel reimbursement provided by the 
Secretary of Veterans Affairs under section 111 of title 38, United 
States Code.
    (b) Report.--The Secretary of Defense shall submit to the 
congressional defense committees a report providing the results of the 
study under subsection (a). Such report shall be submitted not later 
than March 1, 2005.

SEC. 723. STUDY OF MENTAL HEALTH SERVICES.

    (a) Study Required.--The Comptroller General shall conduct a study 
of mental health services available to members of the Armed Forces.
    (b) Persons Covered.--The study shall evaluate the availability and 
effectiveness of existing mental health treatment and screening 
resources--
        (1) for members of the Armed Forces during a deployment to a 
    combat theater;
        (2) for members of the Armed Forces returning from a deployment 
    to a combat theater, both--
            (A) in the short-term, post-deployment period; and
            (B) in the long-term, following the post-deployment period;
        (3) for the families of members of the Armed Forces who have 
    been deployed to a combat theater during the time of the 
    deployment;
        (4) for the families of members of the Armed Forces who have 
    been deployed to a combat theater after the member has returned 
    from the deployment; and
        (5) for members of the Armed Forces and their families 
    described in this subsection who are members of reserve components.
    (c) Assessment of Obstacles.--The study shall provide an assessment 
of existing obstacles that prevent members of the Armed Forces and 
military families in need of mental health services from obtaining 
these services, including--
        (1) the extent to which existing confidentiality regulations, 
    or lack thereof, inhibit members of the Armed Forces from seeking 
    mental health treatment;
        (2) the implications that a decision to seek mental health 
    services can have on a military career;
        (3) the extent to which a social stigma exists within the Armed 
    Forces that prevents members of the Armed Forces and military 
    families from seeking mental health treatment within the Department 
    of Defense and the individual Armed Forces;
        (4) the extent to which logistical obstacles, particularly with 
    respect to members of the Armed Forces and families residing in 
    rural areas, deter members in need of mental health services from 
    obtaining them; and
        (5) the extent to which members of the Armed Forces and their 
    families are prevented or hampered from obtaining mental health 
    treatment due to the cost of such services.
    (d) Identification of Problems Unique to Reserves.--The study shall 
identify potential problems in obtaining mental health treatment that 
are unique to members of Reserve components.
    (e) Report.--The Comptroller General shall submit to Congress a 
report on the study conducted under this section not later than March 
31, 2005. The report shall contain the results of the study and make 
specific recommendations--
        (1) for improving the effectiveness and accessibility of mental 
    health services provided by Department of Defense to the persons 
    listed in subsection (b), including recommendations to ensure 
    appropriate referrals and a seamless transition to the care of the 
    Department of Veterans Affairs following separation from the Armed 
    Forces; and
        (2) for removing or mitigating any obstacles identified under 
    subsection (c) and problems identified under subsection (d).

SEC. 724. POLICY FOR TIMELY NOTIFICATION OF NEXT OF KIN OF MEMBERS 
              SERIOUSLY ILL OR INJURED IN COMBAT ZONES.

    (a) Policy Required.--The Secretary of Defense shall prescribe the 
policy of the Department of Defense for providing, in the case of the 
serious illness or injury of a member of the Armed Forces in a combat 
zone, timely notification to the next of kin of the member regarding 
the illness or injury, including information on the condition of the 
member and the location at which the member is receiving treatment. In 
prescribing the policy, the Secretary shall ensure respect for the 
expressed desires of individual members of the Armed Forces regarding 
the notification of next of kin and shall include standards of 
timeliness for both the initial notification of next of kin under the 
policy and subsequent updates regarding the condition and location of 
the member.
    (b) Submission of Policy.--Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
Congress a copy of the policy.

SEC. 725. REVISED FUNDING METHODOLOGY FOR MILITARY RETIREE HEALTH CARE 
              BENEFITS.

    (a) Revision.--Section 1116 of title 10, United States Code, is 
amended to read as follows:

``Sec. 1116. Payments into the Fund

    ``(a) At the beginning of each fiscal year after September 30, 
2005, the Secretary of the Treasury shall promptly pay into the Fund 
from the General Fund of the Treasury--
        ``(1) the amount certified to the Secretary by the Secretary of 
    Defense under subsection (c), which shall be the contribution to 
    the Fund for that fiscal year required by section 1115; and
        ``(2) the amount determined by each administering Secretary 
    under section 1111(c) as the contribution to the Fund on behalf of 
    the members of the uniformed services under the jurisdiction of 
    that Secretary.
    ``(b) At the beginning of each fiscal year, the Secretary of 
Defense shall determine the sum of the following:
        ``(1) The amount of the payment for that year under the 
    amortization schedule determined by the Board of Actuaries under 
    section 1115(a) of this title for the amortization of the original 
    unfunded liability of the Fund.
        ``(2) The amount (including any negative amount) of the 
    Department of Defense contribution for that year as determined by 
    the Secretary of Defense under section 1115(b) of this title.
        ``(3) The amount (including any negative amount) for that year 
    under the most recent amortization schedule determined by the 
    Secretary of Defense under section 1115(c)(2) of this title for the 
    amortization of any cumulative unfunded liability (or any gain) to 
    the Fund resulting from changes in benefits.
        `(4) The amount (including any negative amount) for that year 
    under the most recent amortization schedule determined by the 
    Secretary of Defense under section 1115(c)(3) of this title for the 
    amortization of any cumulative actuarial gain or loss to the Fund 
    resulting from actuarial assumption changes.
        ``(5) The amount (including any negative amount) for that year 
    under the most recent amortization schedule determined by the 
    Secretary of Defense under section 1115(c)(4) of this title for the 
    amortization of any cumulative actuarial gain or loss to the Fund 
    resulting from actuarial experience.
    ``(c) The Secretary of Defense shall promptly certify the amount 
determined under subsection (b) each year to the Secretary of the 
Treasury.
    ``(d) At the same time as the Secretary of Defense makes the 
certification under subsection (c), the Secretary shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives the information provided to the Secretary of the 
Treasury under that subsection.''.
    (b) Sense of Congress.--It is the sense of Congress that any 
unsubscribed discretionary budget authority that accrues within the 
national defense budget function as a result of the amendments made by 
this section shall be applied to cover the unbudgeted costs of--
        (1) increases in Army end strengths and modularization;
        (2) increases in Marine Corps end strengths and necessary 
    equipment; and
        (3) Navy shipbuilding requirements.
    (c) Conforming Amendments.--(1) Section 1111(c) of title 10, United 
States Code, is amended in the last sentence by striking ``1116'' and 
all that follows through the end of the sentence and inserting 
``1115(b) of this title, and such contributions shall be paid into the 
Fund as provided in section 1116(a).''.
    (2) Section 1115(a) of such title is amended by striking 
``1116(c)'' and inserting ``1116''.
    (3) Section 1115(b) of such title is amended--
        (A) by striking ``(1) The Secretary of Defense'' and all that 
    follows through ``of this title.'' and inserting ``The Secretary of 
    Defense shall determine, before the beginning of each fiscal year 
    after September 30, 2005, the total amount of the Department of 
    Defense contribution to be made to the Fund for that fiscal year 
    for purposes of section 1116(b)(2).'';
        (B) by striking paragraph (2);
        (C) by redesignating subparagraphs (A) and (B) as paragraphs 
    (1) and (2), respectively;
        (D) in each of paragraphs (1) and (2), as so redesignated, by 
    redesignating clauses (i) and (ii) as subparagraphs (A) and (B), 
    respectively; and
        (E) in paragraph (2)(B), as so redesignated, by striking 
    ``subparagraph (A)(ii)'' and inserting ``paragraph (1)(B)''.
    (4) Section 1115(c)(1) of such title is amended by striking ``and 
section 1116(a) of this title''.
    (5) Section 1115(c)(5) of such title is amended by striking 
``1116(c)'' and inserting ``1116''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2005.

SEC. 726. 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. 727. TRICARE PROGRAM REGIONAL DIRECTORS.

    (a) Recommendations for Selection Process for TRICARE Program 
Regional Directors.--(1) The Secretary of Defense shall develop 
recommendations for a process for the selection of regional directors 
for TRICARE program administrative regions from among nominees and 
applicants for the position in accordance with this section.
    (2) The recommendations developed under paragraph (1) shall provide 
for a process for--
        (A) the Secretary of each military department to nominate, for 
    each regional director position, one commissioned officer in a 
    grade above colonel, or, in the case of the Navy, captain, or 
    member of the Senior Executive Service under the jurisdiction of 
    that Secretary; and
        (B) the Secretary of Defense to accept applications for 
    assignment or appointment to each such position from any other 
    qualified person.
    (3) The recommendations developed under paragraph (1) shall also 
include recommendations with respect to--
        (A) the qualifications for regional directors;
        (B) the period of assignment of a commissioned officer as a 
    regional director;
        (C) procedures for ensuring that fair consideration is given to 
    each nominee and each applicant; and
        (D) such other requirements as considered appropriate by the 
    Secretary.
    (b) Report.--Not later than March 1, 2005, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report containing the recommendations 
developed by the Secretary under subsection (a).

     Subtitle D--Medical Readiness Tracking and Health Surveillance

SEC. 731. 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 members 
of the Armed Forces 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 Vice Chief of Staff of the Army, the Vice Chief of 
        Naval Operations, the Vice Chief of Staff of the Air Force, and 
        the Assistant Commandant of the Marine Corp.
            (C) The Assistant Secretary of Defense for Health Affairs.
            (D) The Assistant Secretary of Defense for Reserve Affairs.
            (E) The Surgeon General of each of the Army, the Navy, and 
        the Air Force.
            (F) The Assistant Secretary of the Army for Manpower and 
        Reserve Affairs.
            (G) The Assistant Secretary of the Navy for Manpower and 
        Reserve Affairs.
            (H) The Assistant Secretary of the Air Force for Manpower, 
        Reserve Affairs, Installations, and Environment.
            (I) The Chief of the National Guard Bureau.
            (J) The Chief of Army Reserve.
            (K) The Chief of Naval Reserve.
            (L) The Chief of Air Force Reserve.
            (M) The Commander, Marine Corps Reserve.
            (N) The Director of the Defense Manpower Data Center.
            (O) A representative of the Department of Veterans Affairs 
        designated by the Secretary of Veterans Affairs.
        (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 
        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.
        (4) First meeting.--The first meeting of the Committee shall be 
    held not later than 120 days after the date of the enactment of 
    this Act.
    (c) Annual Report.--
        (1) In general.--In addition to the duties described in 
    subsection (b)(3), the Committee shall 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--
            (A) 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
            (B) compliance with Department of Defense policies on 
        medical readiness tracking and health surveillance.
        (2) Opportunity for comment.--Each year, before the Committee 
    submits to Congress the report required under paragraph (1), the 
    Secretary of Defense shall provide an opportunity for 
    representatives of veterans and military health advocacy 
    organizations, and others the Secretary of Defense considers 
    appropriate, to comment on the report. The report submitted to 
    Congress shall include a summary of the comments received and the 
    Secretary's response to them.

SEC. 732. 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 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 Medical Readiness of Individuals and Units 
of the Reserve Components.--
        (1) Policy.--The Secretary of Defense shall take measures, in 
    addition to those required by section 1074f of title 10, United 
    States Code, to ensure that individual members and commanders of 
    reserve component units fulfill their responsibilities and meet the 
    requirements for medical and dental readiness of members of the 
    units. Such measures may include--
            (A) requiring more frequent health assessments of members 
        than is required by section 1074f(b) of title 10, United States 
        Code, with an objective of having every member of the Selected 
        Reserve receive a health assessment as specified in section 
        1074f of such title not less frequently than once every two 
        years; and
            (B) providing additional support and information to 
        commanders to assist them in improving the health status of 
        members of their units.
        (2) Review and followup care.--The measures 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 otherwise authorized for medical or dental 
    readiness.
        (3) Modification of predeployment health assessment survey.--In 
    carrying out 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) may 
    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. 733. 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 each person entering 
    the armed forces, at the time of entry into the armed forces; and
        ``(2) to provide for computerized compilation and maintenance 
    of the baseline health data.
    ``(b) Purposes.--The program under this section shall be designed 
to achieve the following purposes:
        ``(1) To facilitate understanding of how subsequent 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.--
        (1) Time requirements.--Subject to paragraph (2), the Secretary 
    of Defense shall require that--
            (A) the blood samples necessary for the predeployment 
        medical examination of a member of the Armed Forces required 
        under section 1074f(b) of title 10, United States Code, be 
        drawn not earlier than 120 days before the date of the 
        deployment; and
            (B) the blood samples necessary for the postdeployment 
        medical examination of a member of the Armed Forces required 
        under such section 1074f(b) of such title be drawn not later 
        than 30 days after the date on which the deployment ends.
        (2) Contingent applicability.--The standards under paragraph 
    (1) shall apply unless the Joint Medical Readiness Oversight 
    Committee established by section 1301 recommends, and the Secretary 
    approves, different standards for blood sampling.

SEC. 734. 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. 735. 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. 736. REPORT ON TRAINING ON ENVIRONMENTAL HAZARDS.

    (a) Requirement for Report on Training of Field Medical 
Personnel.--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.
    (b) Content.--The report under subsection (a) shall include the 
following:
        (1) An assessment of the adequacy of the training regarding--
            (A) the identification of common environmental hazards and 
        exposures to such hazards; and
            (B) the prevention and treatment of adverse health effects 
        of such exposures.
        (2) A discussion of the actions taken and to be taken to 
    improve such training.

SEC. 737. UNIFORM POLICY FOR MEETING MOBILIZATION-RELATED MEDICAL CARE 
              NEEDS AT MILITARY INSTALLATIONS.

    (a) Health Care at Mobilization Installations.--The Secretary of 
Defense shall take such steps as necessary, including through the 
uniform policy established under subsection (c), to ensure that 
anticipated health care needs of members of the Armed Forces at 
mobilization installations can be met at those installations. Such 
steps may, within authority otherwise available to the Secretary, 
include the following with respect to any such installation:
        (1) Arrangements for health care to be 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.
    (b) Mobilization Installations.--For purposes of this section, the 
term ``mobilization installation'' means a military installation at 
which members of the Armed Forces, in connection with a contingency 
operation or during a national emergency--
        (1) are mobilized;
        (2) are deployed; or
        (3) are redeployed from a deployment location.
    (c) Requirement for Regulations.--
        (1) Policy on implementation.--The Secretary of Defense shall 
    by regulation establish a policy for the implementation of 
    subsection (a) throughout the Department of Defense.
        (2) Identification and analysis of needs.--As part of the 
    policy prescribed under paragraph (1), the Secretary shall require 
    the Secretary of each military department, with respect to each 
    mobilization installation under the jurisdiction of that Secretary, 
    to identify and analyze the anticipated health care needs at that 
    installation with respect to members of the Armed Forces who may be 
    expected to mobilize or deploy or redeploy at that installation as 
    described in subsection (b)(1). Such identification and analysis 
    shall be carried out so as to be completed before the arrival of 
    such members at the installation.
        (3) Response to needs.--The policy established by the Secretary 
    of Defense under paragraph (1) shall require that, based on the 
    results of the identification and analysis under paragraph (2), the 
    Secretary of the military department concerned shall determine how 
    to expeditiously and effectively respond to those anticipated 
    health care needs that cannot be met within the resources otherwise 
    available at that installation, in accordance with subsection (a).
        (4) Implementation of authority.--In implementing the policy 
    established under paragraph (1) at any installation, the Secretary 
    of the military department concerned shall ensure that the 
    commander of the installation, and the officers and other personnel 
    superior to that commander in that commander's chain of command, 
    have appropriate authority and responsibility for such 
    implementation.
    (d) Policy.--The Secretary of Defense shall ensure--
        (1) that the policy prescribed under subsection (c) is carried 
    out with respect to any mobilization installation with the 
    involvement of all agencies of the Department of Defense that have 
    responsibility for management of the installation and all 
    organizations of the Department that have command authority over 
    any activity at the installation; and
        (2) that such policy is implemented on a uniform basis 
    throughout the Department of Defense.

SEC. 738. 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. 739. REPORTS AND INTERNET ACCESSIBILITY RELATING TO HEALTH 
              MATTERS.

    (a) Annual Reports.--
        (1) Requirement for reports.--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 cover the calendar year preceding the year 
in which the report is submitted and include the following matters:
        ``(A) The results of an audit conducted during the calendar 
    year covered by the report of the extent to which the blood samples 
    required to be obtained as described in section 733(b) of the 
    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 
    2005 from members of the armed forces before and after a deployment 
    are stored in the blood serum repository of the Department of 
    Defense.
        ``(B) The results of an audit conducted during the calendar 
    year covered by the report of the extent to which the records of 
    the health assessments required under section 1074f of this title 
    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 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 Department of Defense 
    personnel to evaluate or treat 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 Health Records.--The Secretary of Defense shall issue each 
year a report on the compliance by the military departments with 
applicable law and policies on the recording of health assessment data 
in military health records, including compliance with section 1074f(c) 
of this title. The report shall cover the calendar year preceding the 
year in which the report is submitted and include a discussion of the 
extent to which immunization status and predeployment and 
postdeployment health care data are being recorded in such records.''.
        (2) Clerical amendment.--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.''.

        (3) Initial reports.--The first reports under section 1073b 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 policies of the Department of Defense 
    and the military department concerned 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.

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

              Subtitle A--Acquisition Policy and Management

Sec. 801. Software-related program costs under major defense acquisition 
          programs.
Sec. 802. Internal controls for Department of Defense procurements 
          through GSA Client Support Centers. 
Sec. 803. Defense commercial communications satellite services 
          procurement process.
Sec. 804. Contractor performance of acquisition functions closely 
          associated with inherently governmental functions.
Sec. 805. Sustainment plans for existing systems while replacement 
          systems are under development. 
Sec. 806. Applicability of competition exceptions to eligibility of 
          National Guard for financial assistance for performance of 
          additional duties.
Sec. 807. Inflation adjustment of acquisition-related dollar thresholds. 

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 811. Rapid acquisition authority to respond to combat emergencies.
Sec. 812. Defense acquisition workforce improvements.
Sec. 813. Period for multiyear task and delivery order contracts.
Sec. 814. Funding for contract ceilings for certain multiyear 
          procurement contracts. 
Sec. 815. Increased threshold for senior procurement executive approval 
          of use of procedures other than competitive procedures.
Sec. 816. Increased threshold for applicability of requirement for 
          defense contractors to provide information on subcontracting 
          authority of contractor personnel to cooperative agreement 
          holders.
Sec. 817. Extension of authority for use of simplified acquisition 
          procedures. 
Sec. 818. Submission of cost or pricing data on noncommercial 
          modifications of commercial items.
Sec. 819. Delegations of authority to make determinations relating to 
          payment of defense contractors for business restructuring 
          costs.
Sec. 820. Availability of Federal supply schedule supplies and services 
          to United Service Organizations, Incorporated.
Sec. 821. Addition of landscaping and pest control services to list of 
          designated industry groups participating in the Small Business 
          Competitiveness Demonstration Program. 
Sec. 822. Increased thresholds under special emergency procurement 
          authority.

      Subtitle C--United States Defense Industrial Base Provisions

Sec. 831. Defense trade reciprocity.
Sec. 832. Assessment and report on the acquisition of polyacrylonitrile 
          (PAN) carbon fiber from foreign sources.

         Subtitle D--Extensions of Temporary Program Authorities

Sec. 841. Extension of mentor-protege program. 
Sec. 842. Amendment to mentor-protege program.
Sec. 843. Extension of test program for negotiation of comprehensive 
          small business subcontracting plans.
Sec. 844. Extension of pilot program on sales of manufactured articles 
          and services of certain Army industrial facilities.

                  Subtitle E--Other Acquisition Matters

Sec. 851. Review and demonstration project relating to contractor 
          employees.
Sec. 852. Inapplicability of certain fiscal laws to settlements under 
          special temporary contract closeout authority.
Sec. 853. Contracting with employers of persons with disabilities.
Sec. 854. Defense procurements made through contracts of other agencies.
Sec. 855. Requirements relating to source selection for integrated 
          support of aerial refueling aircraft fleet for the Air Force.

             Subtitle A--Acquisition Policy and Management

SEC. 801. 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 the date occurring 60 days after the date of the enactment of 
this Act, and shall apply with respect to reports due to be submitted 
to Congress on or after such date.

SEC. 802. INTERNAL CONTROLS FOR DEPARTMENT OF DEFENSE PROCUREMENTS 
              THROUGH GSA CLIENT SUPPORT CENTERS.

    (a) Initial Inspector General Review and Determination.--(1) Not 
later than March 15, 2005, the Inspector General of the Department of 
Defense and the Inspector General of the General Services 
Administration shall jointly--
        (A) review--
            (i) the policies, procedures, and internal controls of each 
        GSA Client Support Center; and
            (ii) the administration of those policies, procedures, and 
        internal controls; and
        (B) for each such Center, determine in writing whether--
            (i) the Center is compliant with defense procurement 
        requirements;
            (ii) the Center is not compliant with defense procurement 
        requirements, but the Center made significant progress during 
        2004 toward becoming compliant with defense procurement 
        requirements; or
            (iii) neither of the conclusions stated in clauses (i) and 
        (ii) is correct.
    (2) If the Inspectors General determine under paragraph (1) that 
the conclusion stated in clause (ii) or (iii) of subparagraph (B) of 
such paragraph is correct in the case of a GSA Client Support Center, 
those Inspectors General shall, not later than March 15, 2006, 
jointly--
        (A) conduct a second review regarding that GSA Client Support 
    Center as described in paragraph (1)(A); and
        (B) determine in writing whether that GSA Client Support Center 
    is or is not compliant with defense procurement requirements.
    (b) Compliance With Defense Procurement Requirements.--For the 
purposes of this section, a GSA Client Support Center is compliant with 
defense procurement requirements if the GSA Client Support Center's 
policies, procedures, and internal controls, and the manner in which 
they are administered, are adequate to ensure compliance of that Center 
with the requirements of laws and regulations that apply to 
procurements of property and services made directly by the Department 
of Defense.
    (c) Limitations on Procurements Through GSA Client Support 
Centers.--(1) After March 15, 2005, and before March 16, 2006, no 
official of the Department of Defense may, except as provided in 
subsection (d) or (e), order, purchase, or otherwise procure property 
or services in an amount in excess of $100,000 through any GSA Client 
Support Center for which a determination described in paragraph 
(1)(B)(iii) of subsection (a) has been made under that subsection.
    (2) After March 15, 2006, no official of the Department of Defense 
may, except as provided in subsection (d) or (e), order, purchase, or 
otherwise procure property or services in an amount in excess of 
$100,000 through any GSA Client Support Center that has not been 
determined under this section as being compliant with defense 
procurement requirements.
    (d) Exception From Applicability of Limitations.--(1) No limitation 
applies under subsection (c) with respect to the procurement of 
property and services from a particular GSA Client Support Center 
during any period that there is in effect a determination of the Under 
Secretary of Defense for Acquisition, Technology, and Logistics, made 
in writing, that it is necessary in the interest of the Department of 
Defense to continue to procure property and services through that GSA 
Client Support Center.
    (2) A written determination with respect to a GSA Client Support 
Center under paragraph (1) is in effect for the period, not in excess 
of one year, that the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall specify in the written determination. 
The Under Secretary may extend from time to time, for up to one year at 
a time, the period for which the written determination remains in 
effect.
    (e) Termination of Applicability of Limitations.--Subsection (c) 
shall cease to apply to a GSA Client Support Center on the date on 
which the Inspector General of the Department of Defense and the 
Inspector General of the General Services Administration jointly 
determine that such Center is compliant with defense procurement 
requirements and notify the Secretary of Defense of that determination.
    (f) 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.

SEC. 803. DEFENSE COMMERCIAL COMMUNICATIONS SATELLITE SERVICES 
              PROCUREMENT PROCESS.

    (a) Requirement for Determination.--The Secretary of Defense shall 
review all potential mechanisms for procuring commercial communications 
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 other departments and agencies of the Federal 
    Government, including 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 communications satellite services that is 
    in force on the date of the enactment of this Act, including 
    through commercial communications satellite service integrators and 
    resellers.
        (4) Procurement under the method used as of the date of the 
    enactment of this Act, modified with streamlined processes to 
    ensure increased efficiency and cost effectiveness.
    (b) Qualified Sources.--A source of commercial communications 
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 communications satellite services 
    under a Federal Technology Service contract for the procurement of 
    commercial communications 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 communications 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 communications 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 and how the 
    guidance will address each recommendation made in the December 2003 
    report of the General Accounting Office titled ``Satellite 
    Communications: Strategic Approach Needed for DOD's Procurement of 
    Commercial Satellite BandWidth'' (GAO-04-206).
    (d) Effective Date.--(1) The Secretary may not enter into a 
contract for commercial communications satellite services (using any 
mechanism reviewed under subsection (a) or otherwise) until the 
expiration of 30 days after the date on which the report described in 
subsection (c) has been received by Congress, unless the Secretary 
determines that such a contract is required to meet urgent national 
security requirements.
    (2) Notwithstanding paragraph (1), the Secretary may issue a task 
order or delivery order under a contract for commercial communications 
satellite services that was awarded before the date of the enactment of 
this Act.

SEC. 804. 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 into a contract 
for the performance of acquisition functions closely associated with 
inherently governmental functions only if the contracting officer for 
the contract ensures 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 agency addresses any potential organizational 
    conflict of interest of the contractor in the performance of the 
    functions under the contract, consistent with subpart 9.5 of part 9 
    of the Federal Acquisition Regulation and the best interests of the 
    Department of Defense.
    ``(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.--Section 2383 of title 10, United States Code 
(as added by subsection (a)), shall apply to contracts entered into on 
or after the date of the enactment of this Act.

SEC. 805. SUSTAINMENT PLANS FOR EXISTING SYSTEMS WHILE REPLACEMENT 
              SYSTEMS ARE UNDER DEVELOPMENT.

    (a) Existing Systems to Be Maintained While Replacement Systems are 
Under Development.--(1) Chapter 144 of title 10, United States Code, is 
amended by inserting after section 2436 the following new section:

``Sec. 2437. Development of major defense acquisition programs: 
            sustainment of system to be replaced

    ``(a) Requirement for Sustaining Existing Forces.--(1) The 
Secretary of Defense shall require that, whenever a new major defense 
acquisition program begins development, the defense acquisition 
authority responsible for that program shall develop a plan (to be 
known as a `sustainment plan') for the existing system that the system 
under development is intended to replace. Any such sustainment plan 
shall provide for an appropriate level of budgeting for sustaining the 
existing system until the replacement system to be developed under the 
major defense acquisition program is fielded and assumes the majority 
of responsibility for the mission of the existing system. This section 
does not apply to a major defense acquisition that reaches initial 
operational capability before October 1, 2008.
    ``(2) In this section, the term `defense acquisition authority' 
means the Secretary of a military department or the commander of the 
United States Special Operations Command.
    ``(b) Sustainment Plan.--The Secretary of Defense shall require 
that each sustainment plan under this section include, at a minimum, 
the following:
        ``(1) The milestone schedule for the development of the major 
    defense acquisition program, including the scheduled dates for low-
    rate initial production, initial operational capability, full-rate 
    production, and full operational capability and the date as of when 
    the replacement system is scheduled to assume the majority of 
    responsibility for the mission of the existing system.
        ``(2) An analysis of the existing system to assess the 
    following:
            ``(A) Anticipated funding levels necessary to--
                ``(i) ensure acceptable reliability and availability 
            rates for the existing system; and
                ``(ii) maintain mission capability of the existing 
            system against the relevant threats.
            ``(B) The extent to which it is necessary and appropriate 
        to--
                ``(i) transfer mature technologies from the new system 
            or other systems to enhance the mission capability of the 
            existing system against relevant threats; and
                ``(ii) provide interoperability with the new system 
            during the period from initial fielding until the new 
            system assumes the majority of responsibility for the 
            mission of the existing system.
    ``(c) Exceptions.--Subsection (a) shall not apply to a major 
defense acquisition program if the Secretary of Defense determines 
that--
        ``(1) the existing system is no longer relevant to the mission;
        ``(2) the mission has been eliminated;
        ``(3) the mission has been consolidated with another mission in 
    such a manner that another existing system can adequately meet the 
    mission requirements; or
        ``(4) the duration of time until the new system assumes the 
    majority of responsibility for the existing system's mission is 
    sufficiently short so that mission availability, capability, 
    interoperability, and force protection requirements are maintained.
    ``(d) Waiver.--The Secretary of Defense may waive the applicability 
of subsection (a) to a major defense acquisition program if the 
Secretary determines that, but for such a waiver, the Department would 
be unable to meet national security objectives. Whenever the Secretary 
makes such a determination and authorizes such a waiver, the Secretary 
shall submit notice of such waiver and of the Secretary's determination 
and the reasons therefor in writing to the congressional defense 
committees.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2436 the 
following new item:

``2437. Development of major defense acquisition programs: sustainment 
          of system to be replaced.''.

    (b) Application to Existing Programs in Development.--Section 2437 
of title 10, United States Code, as added by subsection (a), shall 
apply with respect to a major defense acquisition program for a system 
that is under development as of the date of the enactment of this Act 
and is not expected to reach initial operational capability before 
October 1, 2008. The Secretary of Defense shall require that a 
sustainment plan under that section be developed not later than one 
year after the date of the enactment of this Act for the existing 
system that the system under development is intended to replace.

SEC. 806. 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. 807. INFLATION ADJUSTMENT OF ACQUISITION-RELATED DOLLAR 
              THRESHOLDS.

    (a) Inflation Adjustment Authority.--(1) The Office of Federal 
Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by inserting 
after section 35 the following new section:

``SEC. 35A. INFLATION ADJUSTMENT OF ACQUISITION-RELATED DOLLAR 
              THRESHOLDS.

    ``(a) Requirement for Periodic Adjustment.--(1) On October 1 of 
each year that is evenly divisible by five, the Federal Acquisition 
Regulatory Council shall adjust each acquisition-related dollar 
threshold provided by law, as described in subsection (c), to the 
baseline constant dollar value of that threshold.
    ``(2) For the purposes of paragraph (1), the baseline constant 
dollar value--
        ``(A) for a dollar threshold in effect on October 1, 2000, that 
    was first specified in a law that took effect on or before such 
    date shall be the October 1, 2000, constant dollar value of that 
    dollar threshold; and
        ``(B) for a dollar threshold specified in a law that takes 
    effect after October 1, 2000, shall be the constant dollar value of 
    that threshold as of the effective date of that dollar threshold 
    pursuant to such law.
    ``(b) Adjustments Effective Upon Publication.--The Federal 
Acquisition Regulatory Council shall publish a notice of the adjusted 
dollar thresholds under this section in the Federal Register. The 
adjusted dollar thresholds shall take effect on the date of 
publication.
    ``(c) Acquisition-Related Dollar Thresholds.--Except as provided in 
subsection (d), the requirement for adjustment under subsection (a) 
applies to a dollar threshold that is specified in law as a factor in 
defining the scope of the applicability of a policy, procedure, 
requirement, or restriction provided in that law to the procurement of 
property or services by an executive agency, as determined by the 
Federal Acquisition Regulatory Council.
    ``(d) Excluded Thresholds.--Subsection (a) does not apply to--
        ``(1) dollar thresholds in sections 3141 through 3144, 3146, 
    and 3147 of title 40, United States Code;
        ``(2) dollar thresholds in the Service Contract Act of 1965 (41 
    U.S.C. 351, et seq.); or
        ``(3) dollar thresholds established by the United States Trade 
    Representative pursuant to title III of the Trade Agreements Act of 
    1979 (19 U.S.C. 2511 et seq.).
    ``(e) Calculation of Adjustments.--An adjustment under this section 
shall--
        ``(1) be calculated on the basis of changes in the Consumer 
    Price Index for all-urban consumers published monthly by the 
    Department of Labor; and
        ``(2) be rounded--
            ``(A) in the case of a dollar threshold that (as in effect 
        on the day before the adjustment) is less than $10,000, to the 
        nearest $500;
            ``(B) in the case of a dollar threshold that (as in effect 
        on the day before the adjustment) is not less than $10,000, but 
        is less than $100,000, to the nearest $5,000;
            ``(C) in the case of a dollar threshold that (as in effect 
        on the day before the adjustment) is not less than $100,000, 
        but is less than $1,000,000, to the nearest $50,000; and
            ``(D) in the case of a dollar threshold that (as in effect 
        on the day before the adjustment) is $1,000,000 or more, to the 
        nearest $500,000.
    ``(f) Petition for Inclusion of Omitted Threshold.--(1) If a dollar 
threshold adjustable under this section is not included in a notice of 
adjustment published under subsection (b), any person may request 
adjustment of that dollar threshold by submitting a petition for 
adjustment to the Administrator for Federal Procurement Policy.
    ``(2) Upon receipt of a petition for adjustment of a dollar 
threshold under paragraph (1), the Administrator shall--
        ``(A) determine, in writing, whether that dollar threshold is 
    required to be adjusted under this section; and
        ``(B) if so, shall publish in the Federal Register a revised 
    notice of the adjusted dollar thresholds under this section that 
    includes the adjustment of the dollar threshold covered by the 
    petition.
    ``(3) The adjustment of a dollar threshold pursuant to a petition 
under this subsection shall take effect on the date of the publication 
of the revised notice adding the adjustment of that dollar threshold 
under paragraph (2)(B).''.
    (2) The table of contents in section 1(b) of such Act is amended by 
inserting after the item relating to section 35 the following new item:

``Sec. 35A. Inflation adjustment of acquisition-related dollar 
          thresholds.''.

    (b) Definition of Federal Acquisition Regulatory Council.--Section 
4 of such Act is amended by adding at the end the following new 
paragraph:
        ``(17) The term `Federal Acquisition Regulatory Council' means 
    the Federal Acquisition Regulatory Council established under 
    section 25.''.
    (c) Relationship to Other Inflation Adjustment Authorities.--(1) 
Section 35A of the Office of Federal Procurement Policy Act, as added 
by subsection (a), supersedes the applicability of any other provision 
of law that provides for the adjustment of a dollar threshold that is 
adjustable under such section.
    (2) After the date of the enactment of this Act, a dollar threshold 
adjustable under section 35A of the Office of Federal Procurement 
Policy Act, as added by subsection (a), shall be adjusted only as 
provided under that section.

Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

SEC. 811. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT EMERGENCIES.

    Section 806 of the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (10 U.S.C. 2302 note) is amended--
        (1) by redesignating subsections (c) and (d) as subsections (e) 
    and (f), respectively; and
        (2) by inserting after subsection (b) the following new 
    subsections (c) and (d):
    ``(c) Response to Combat Emergencies.--(1) In the case of any 
equipment that, as determined in writing by the Secretary of Defense 
without delegation, is urgently needed to eliminate a combat capability 
deficiency that has resulted in combat fatalities, the Secretary shall 
use the procedures developed under this section in order to accomplish 
the rapid acquisition and deployment of the needed equipment.
    ``(2)(A) Whenever the Secretary makes a determination under 
paragraph (1) that certain equipment is urgently needed to eliminate a 
combat capability deficiency that has resulted in combat fatalities, 
the Secretary shall designate a senior official of the Department of 
Defense to ensure that the needed equipment is acquired and deployed as 
quickly as possible, with a goal of awarding a contract for the 
acquisition of the equipment within 15 days.
    ``(B) Upon designation of a senior official under subparagraph (A), 
the Secretary shall authorize that official to waive any provision of 
law, policy, directive, or regulation described in subsection (d) that 
such official determines in writing would unnecessarily impede the 
rapid acquisition and deployment of the needed equipment. In a case in 
which the needed equipment cannot be acquired without an extensive 
delay, the senior official shall require that an interim solution be 
implemented and deployed using the procedures developed under this 
section to minimize the combat capability deficiency and combat 
fatalities.
    ``(3) The authority of this section may not be used to acquire 
equipment in an amount aggregating more than $100,000,000 during any 
fiscal year. For acquisitions of equipment under this section during 
the fiscal year in which the Secretary makes the determination 
described in paragraph (1) with respect to such equipment, the 
Secretary may use any funds available to the Department of Defense for 
that fiscal year.
    ``(4) The Secretary of Defense shall notify the congressional 
defense committees within 15 days after each determination made under 
paragraph (1). Each such notice shall identify--
        ``(A) the equipment to be acquired;
        ``(B) the amount anticipated to be expended for the 
    acquisition; and
        ``(C) the source of funds for the acquisition.
    ``(5) Any acquisition initiated under this subsection shall 
transition to the normal acquisition system not later than two years 
after the date on which the Secretary makes the determination described 
in paragraph (1) with respect to that equipment.
    ``(d) Waiver of Certain Statues and Regulations.--(1) Upon a 
determination described in subsection (c)(1), the senior official 
designated in accordance with subsection (c)(2) with respect to that 
designation is authorized to waive any provision of law, policy, 
directive or regulation addressing--
        ``(A) the establishment of the requirement for the equipment;
        ``(B) the research, development, test, and evaluation of the 
    equipment; or
        ``(C) the solicitation and selection of sources, and the award 
    of the contract, for procurement of the equipment.
    ``(2) Nothing in this subsection authorizes the waiver of--
        ``(A) the requirements of this section or the regulations 
    implementing this section; or
        ``(B) any provision of law imposing civil or criminal 
    penalties.''.

SEC. 812. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.

    (a) Selection Criteria for Acquisition Corps and for Critical 
Acquisition Positions.--(1) Section 1732(b) of title 10, United States 
Code, is amended by striking paragraph (1) and redesignating paragraphs 
(2), (3), and (4) as paragraphs (1), (2), and (3), respectively.
    (2) Section 1733(b)(1) of title 10, United States Code, is amended 
in subparagraph (A) by striking ``in a position within grade GS-14 or 
above of the General Schedule,'' and inserting ``in a senior position 
in the National Security Personnel System, as determined in accordance 
with guidelines prescribed by the Secretary,''.
    (b) Scholarship Program Requirements.--Section 1742 of such title 
is amended--
        (1) by inserting ``(a) Programs.--'' at the beginning of the 
    text; and
        (2) by adding at the end the following new subsection:
    ``(b) Scholarship Program Requirements.--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 be in a form 
prescribed by the Secretary and shall include terms and conditions, 
including terms and conditions addressing reimbursement in the event 
that a recipient fails to fulfill the requirements of the agreement, 
that are comparable to those set forth as a condition for providing 
advanced education assistance under section 2005. The obligation to 
reimburse the United States under an agreement under this subsection 
is, for all purposes, a debt owing the United States.''.
    (c) Authority to Establish 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)''.

SEC. 813. 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 10 years 
unless such head of an agency 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 10 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. 814. FUNDING FOR CONTRACT CEILINGS FOR CERTAIN MULTIYEAR 
              PROCUREMENT CONTRACTS.

    (a) Multiyear Contracts Relating to Property.--Section 2306b(g) of 
title 10, United States Code, is amended--
        (1) by inserting ``(1)'' before ``Before any'';
        (2) by striking ``Committee'' through ``House of 
    Representatives'' and inserting ``congressional defense 
    committees''; and
        (3) by adding at the end the following new paragraph:
    ``(2) In the case of a contract described in subsection (a) with a 
cancellation ceiling described in paragraph (1), if the budget for the 
contract does not include proposed funding for the costs of contract 
cancellation up to the cancellation ceiling established in the 
contract, the head of the agency concerned shall, as part of the 
certification required by subsection (i)(1)(A), give written 
notification to the congressional defense committees of--
        ``(A) the cancellation ceiling amounts planned for each program 
    year in the proposed multiyear procurement contract, together with 
    the reasons for the amounts planned;
        ``(B) the extent to which costs of contract cancellation are 
    not included in the budget for the contract; and
        ``(C) a financial risk assessment of not including budgeting 
    for costs of contract cancellation.''.
    (b) Multiyear Contracts Relating to Services.--Section 2306c(d) of 
title 10, United States Code, is amended--
        (1) in paragraphs (1), (3), and (4), by striking ``committees 
    of Congress named in paragraph (5)'' and inserting ``congressional 
    defense committees'' each place it appears; and
        (2) by amending paragraph (5) to read as follows:
    ``(5) In the case of a contract described in subsection (a) with a 
cancellation ceiling described in paragraph (4), if the budget for the 
contract does not include proposed funding for the costs of contract 
cancellation up to the cancellation ceiling established in the 
contract, the head of the agency concerned shall give written 
notification to the congressional defense committees of--
        ``(A) the cancellation ceiling amounts planned for each program 
    year in the proposed multiyear procurement contract, together with 
    the reasons for the amounts planned;
        ``(B) the extent to which costs of contract cancellation are 
    not included in the budget for the contract; and
        ``(C) a financial risk assessment of not including budgeting 
    for costs of contract cancellation.''.

SEC. 815. INCREASED THRESHOLD FOR 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''.

SEC. 816. INCREASED THRESHOLD FOR APPLICABILITY OF REQUIREMENT FOR 
              DEFENSE CONTRACTORS TO PROVIDE INFORMATION ON 
              SUBCONTRACTING AUTHORITY OF CONTRACTOR PERSONNEL TO 
              COOPERATIVE AGREEMENT HOLDERS.

    Section 2416(d) of title 10, United States Code, is amended by 
striking ``$500,000'' and inserting ``$1,000,000''.

SEC. 817. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION 
              PROCEDURES.

    Section 4202(e) of the Clinger-Cohen Act (division D of Public Law 
104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended by striking 
``January 1, 2006'' and inserting ``January 1, 2008''.

SEC. 818. 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 or 5 percent 
    of the total price of the contract, whichever is greater.
        ``(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 June 1, 2005, and shall apply with respect to 
offers submitted, and to modifications of contracts or subcontracts 
made, on or after that date.

SEC. 819. 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. 820. 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. 821. ADDITION OF LANDSCAPING AND PEST CONTROL SERVICES TO LIST OF 
              DESIGNATED INDUSTRY GROUPS PARTICIPATING IN THE SMALL 
              BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.

    (a) In General.--Subsection (a) of section 717 of the Small 
Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 
644 note) is amended--
        (1) in paragraph (3), by striking ``and'' at the end;
        (2) in paragraph (4), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(5) landscaping and pest control services.''.
    (b) Landscaping and Pest Control Services.--Section 717 of the 
Small Business Competitiveness Demonstration Program Act of 1988 (15 
U.S.C. 644 note) is amended--
        (1) by redesignating subsection (e) as subsection (f), and
        (2) by inserting after subsection (d) the following new 
    subsection:
    ``(e) Landscaping and Pest Control Services.--Landscaping and pest 
control services shall include contract awards assigned to North 
American Industrial Classification Code 561710 (relating to 
exterminating and pest control services) or 561730 (relating to 
landscaping services).''.

SEC. 822. INCREASED THRESHOLDS UNDER SPECIAL EMERGENCY PROCUREMENT 
              AUTHORITY.

    Section 32A(b) of the Office of Federal Procurement Policy Act (41 
U.S.C. 428a(b)) is amended--
        (1) by striking paragraph (1) and inserting the following:
        ``(1) the amount specified in subsections (c), (d), and (f) of 
    section 32 shall be deemed to be--
            ``(A) $15,000 in the case of any contract to be awarded and 
        performed, or purchase to be made, inside the United States; 
        and
            ``(B) $25,000 in the case of any contract to be awarded and 
        performed, or purchase to be made, outside the United States; 
        and''; and
        (2) in paragraph (2)(B), by striking ``$500,000'' and inserting 
    ``$1,000,000''.

      Subtitle C--United States Defense Industrial Base Provisions

SEC. 831. DEFENSE TRADE RECIPROCITY.

    (a) Policy.--It is the policy of Congress that procurement 
regulations used in the conduct of trade in defense articles and 
defense services should be based on the principle of fair trade and 
reciprocity consistent with United States national security, including 
the need to ensure comprehensive manufacturing capability in the United 
States defense industrial base.
    (b) Requirement.--The Secretary of Defense shall make every effort 
to ensure that the policies and practices of the Department of Defense 
reflect the goal of establishing an equitable trading relationship 
between the United States and its foreign defense trade partners, 
including ensuring that United States firms and United States 
employment in the defense sector are not disadvantaged by unilateral 
procurement practices by foreign governments, such as the imposition of 
offset agreements in a manner that undermines the United States defense 
industrial base. In pursuing this goal, the Secretary shall--
        (1) develop a comprehensive defense acquisition trade policy 
    that provides the necessary guidance and incentives for the 
    elimination of any adverse effects of offset agreements in defense 
    trade; and
        (2) review and make necessary modifications to existing 
    acquisition policies and strategies, and review and seek to make 
    necessary modifications to existing memoranda of understanding, 
    cooperative project agreements, or related agreements with foreign 
    defense trade partners, to reflect this goal.
    (c) Regulations.--The Secretary shall prescribe regulations to 
implement this section in the Department of Defense supplement to the 
Federal Acquisition Regulation.
    (d) Definitions.--In this section:
        (1) The term ``foreign defense trade partner'' means a foreign 
    country with respect to which there is--
            (A) a memorandum of understanding or related agreement 
        described in section 2531(a) of title 10, United States Code; 
        or
            (B) a cooperative project agreement described in section 27 
        of the Arms Export Control Act (22 U.S.C. 2767).
        (2) The term ``offset agreement'' has the meaning provided that 
    term by section 36(e) of the Arms Export Control Act (22 U.S.C. 
    2776(e)).
        (3) The terms ``defense article'' and ``defense service'' have 
    the meanings provided those terms by section 47(7) of the Arms 
    Export Control Act (22 U.S.C. 2794(7)).

SEC. 832. ASSESSMENT AND REPORT ON THE ACQUISITION OF POLYACRYLONITRILE 
              (PAN) CARBON FIBER FROM FOREIGN SOURCES.

    (a) Requirement.--The Secretary of Defense shall delay the phase-
out of the restriction on acquisition of polyacrylonitrile (PAN) carbon 
fiber from foreign sources (described in subpart 225.7103 of the 
Department of Defense supplement to the Federal Acquisition Regulation) 
until an assessment of PAN carbon fiber industry is completed and 30 
days have passed after submission of the report required under 
subsection (c).
    (b) Assessment.--The Secretary of Defense shall perform a 
assessment of the domestic and international industrial structure that 
produces PAN carbon fibers, current and anticipated market trends for 
the product, and how the trends compare to the assessment as reported 
by the Secretary of Defense in January 2001.
    (c) Report required.--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 assessment performed under subsection 
(b) and on any decision made to maintain or discontinue the phase-out 
of procurement restrictions on foreign acquisition of PAN carbon fibers 
in the Department of Defense supplement to the Federal Acquisition 
Regulation.

        Subtitle D--Extensions of Temporary Program Authorities

SEC. 841. EXTENSION OF MENTOR-PROTEGE PROGRAM.

    (a) Extension of Program.--Subsection (j) of 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 paragraph (1), by striking ``September 30, 2005'' and 
    inserting ``September 30, 2010''; and
        (2) in paragraph (2), by striking ``September 30, 2008'' and 
    inserting ``September 30, 2013''.
    (b) Extension of Requirement for Annual Report.--Subsection (l)(3) 
of such section is amended by striking ``2007'' and inserting ``2010''.
    (c) Additional Feasibility Review of Transition to Other Financing 
Methods.--(1) The Secretary of Defense shall conduct an additional 
review of the Mentor-Protege Program under section 811(d)(2) of the 
National Defense Authorization Act for Fiscal Year 2000 (Public Law 
106-65; 113 Stat. 708).
    (2) Not later than September 30, 2005, the Secretary shall submit 
to the Committees on Armed Services of the Senate and the House of 
Representatives--
        (A) a report on the results of the review conducted under 
    paragraph (1); and
        (B) any recommendations of the Secretary for legislative 
    action.
    (d) Additional Study of Program Implementation.--(1) The 
Comptroller General shall conduct an additional study of the Mentor-
Protege Program under section 811(d)(3) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 
709).
    (2) Not later than September 30, 2006, the Comptroller General 
shall submit a report on the results of the study conducted under 
paragraph (1) to the Committees on Armed Services of the Senate and the 
House of Representatives.

SEC. 842. AMENDMENT TO MENTOR-PROTEGE 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. 843. 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. 844. 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 E--Other Acquisition Matters

SEC. 851. REVIEW AND DEMONSTRATION PROJECT RELATING TO CONTRACTOR 
              EMPLOYEES.

    (a) General Review.--(1) The Secretary of Defense shall conduct a 
review of policies, procedures, practices, and penalties of the 
Department of Defense relating to employees of defense contractors for 
purposes of ensuring that the Department of Defense is in compliance 
with Executive Order No. 12989 (relating to a prohibition on entering 
into contracts with contractors that are not in compliance with the 
Immigration and Nationality Act).
    (2) In conducting the review, the Secretary shall--
        (A) identify potential weaknesses and areas for improvement in 
    existing policies, procedures, practices, and penalties;
        (B) develop and implement reforms to strengthen, upgrade, and 
    improve policies, procedures, practices, and penalties of the 
    Department of Defense and its contractors; and
        (C) review and analyze reforms developed pursuant to this 
    paragraph to identify for purposes of national implementation those 
    which are most efficient and effective.
    (3) The review under this subsection shall be completed not later 
than 180 days after the date of the enactment of this Act.
    (b) Demonstration Project.--The Secretary of Defense shall conduct 
a demonstration project in accordance with this section, in one or more 
regions selected by the Secretary, for purposes of promoting greater 
contracting opportunities for contractors offering effective, reliable 
staffing plans to perform defense contracts that ensure all contract 
personnel employed for such projects, including management employees, 
professional employees, craft labor personnel, and administrative 
personnel, are lawful residents or persons properly authorized to be 
employed in the United States and properly qualified to perform 
services required under the contract. The demonstration project shall 
focus on contracts for construction, renovation, maintenance, and 
repair services for military installations.
    (c) Demonstration Project Procurement Procedures.--As part of the 
demonstration project under subsection (b), the Secretary of Defense 
may conduct a competition in which there is a provision in contract 
solicitations and request for proposal documents to require significant 
weight or credit be allocated to--
        (1) reliable, effective workforce programs offered by 
    prospective contractors that provide background checks and other 
    measures to ensure the contractor is in compliance with the 
    Immigration and Nationality Act; and
        (2) reliable, effective project staffing plans offered by 
    prospective contractors that specify for all contract employees 
    (including management employees, professionals, and craft labor 
    personnel) the skills, training, and qualifications of such persons 
    and the labor supply sources and hiring plans or procedures used 
    for employing such persons.
    (d) Implementation of Demonstration Project.--The Secretary of 
Defense shall begin operation of the demonstration project required 
under this section after completion of the review under subsection (a), 
but in no event later than 270 days after the date of the enactment of 
this Act.
    (e) Report on Demonstration Project.--Not later than six months 
after award of a contract under the demonstration project, the 
Secretary of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report setting forth a 
review of the demonstration project and recommendations on the actions, 
if any, that can be implemented to ensure compliance by the Department 
of Defense with Executive Order No. 12989.
    (f) Definition.--In this section, the term ``military 
installation'' means a base, camp, post, station, yard, center, 
homeport facility for any ship, or other activity under the 
jurisdiction of the Department of Defense, including any leased 
facility, which is located within any of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, American Samoa, 
the Virgin Islands, or Guam. Such term does not include any facility 
used primarily for civil works, rivers and harbors projects, or flood 
control projects.

SEC. 852. 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. 853. CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.

    (a) Inapplicability of Randolph-Sheppard Act to Mess Hall Services 
Under Existing Javits-Wagner-O'Day Act Contracts.--(1) The Randolph-
Sheppard Act (20 U.S.C. 107 et seq.) does not apply to any contract 
described in paragraph (2) 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.
    (2) Paragraph (1) applies to any contract for the operation of all 
or any part 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--
        (A) was entered into before September 30, 2005, with a 
    qualified nonprofit agency for the blind or a qualified nonprofit 
    agency for other severely handicapped in compliance with section 3 
    of the Javits-Wagner-O'Day Act (41 U.S.C. 48); and
        (B) either--
            (i) is in effect on such date; or
            (ii) was in effect on November 24, 2003.
    (b) Inapplicability of Javits-Wagner-O'Day Act to Mess Hall 
Services Under Existing Randolph-Sheppard Act Contracts.--(1) The 
Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.) does not apply to any 
contract described in paragraph (2) 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.
    (2) Paragraph (1) applies to any contract for the operation of all 
or any part 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--
        (A) was entered into before September 30, 2005, with a State 
    licensing agency under the Randolph-Sheppard Act (20 U.S.C. 107 et 
    seq.); and
        (B) either--
            (i) is in effect on such date; or
            (ii) was in effect on November 24, 2003.
    (3) In this subsection, the term ``State licensing agency'' means 
an agency designated under section 2(a)(5) of the Randolph-Sheppard Act 
(20 U.S.C. 107a(a)(5)).
    (c) Repeal of Superseded Law.--Subsections (a) and (b) of section 
852 of the National Defense Authorization Act for Fiscal Year 2004 
(Public Law 108-136; 117 Stat. 1556) are repealed.

SEC. 854. DEFENSE PROCUREMENTS MADE THROUGH CONTRACTS OF OTHER 
              AGENCIES.

    (a) Limitation.--The head of an agency may not procure goods or 
services (under section 1535 of title 31, United States Code, pursuant 
to a designation under section 11302(e) of title 40, United States 
Code, or otherwise) through a contract entered into by an agency 
outside the Department of Defense for an amount greater than the 
simplified acquisition threshold referred to in section 2304(g) of 
title 10, United States Code, unless the procurement is done in 
accordance with procedures prescribed by that head of an agency for 
reviewing and approving the use of such contracts.
    (b) Effective Date.--The limitation in subsection (a) shall apply 
only with respect to orders for goods or services that are issued by 
the head of an agency to an agency outside the Department of Defense on 
or after the date that is 180 days after the date of the enactment of 
this Act.
    (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, United States Code, 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) Annual Report.--(1) For each of fiscal years 2005 and 2006, 
each head of an agency shall submit to the Secretary of Defense a 
report on the service charges imposed on purchases made for an amount 
greater than the simplified acquisition threshold during such fiscal 
year through a contract entered into by an agency outside the 
Department of Defense.
    (2) In the case of procurements made on orders issued by the head 
of a Defense Agency, Department of Defense Field Activity, or any other 
organization within the Department of Defense (other than a military 
department) under the authority of the Secretary of Defense as the head 
of an agency, the report under paragraph (1) shall be submitted by the 
head of that Defense Agency, Department of Defense Field Activity, or 
other organization, respectively.
    (3) The report for a fiscal year under this subsection shall be 
submitted not later than December 31 of the calendar year in which such 
fiscal year ends.
    (e) Definitions.--In this section:
        (1) The term ``head of an agency'' means the Secretary of 
    Defense, the Secretary of the Army, the Secretary of the Navy, the 
    Secretary of the Air Force.
        (2) The term ``Defense Agency'' has the meaning given such term 
    in section 101(a)(11) of title 10, United States Code.
        (3) The term ``Department of Defense Field Activity'' has the 
    meaning given such term in section 101(a)(12) of such title.

SEC. 855. REQUIREMENTS RELATING TO SOURCE SELECTION FOR INTEGRATED 
              SUPPORT OF AERIAL REFUELING AIRCRAFT FLEET FOR THE AIR 
              FORCE.

    For the selection of a provider of integrated support for the 
aerial refueling aircraft fleet in any acquisition 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 in accordance with the procedures under 
    the provisions of law referred to as the Competition in Contracting 
    Act.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

        Subtitle A--Duties and Functions of Department of Defense

Sec. 901. Study of roles and authorities of the Director of Defense 
          Research and Engineering.
Sec. 902. Change of membership of specified council.

                      Subtitle B--Space Activities

Sec. 911. Space posture review.
Sec. 912. Panel on the future of national security space launch.
Sec. 913. Operationally responsive national security satellites.
Sec. 914. Nondisclosure of certain products of commercial satellite 
          operations.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Two-year extension of authority of the Secretary of Defense to 
          engage in commercial activities as security for intelligence 
          collection activities abroad.
Sec. 922. Pilot program on cryptologic service training.

                        Subtitle D--Other Matters

Sec. 931. Strategic plan for destruction of lethal chemical agents and 
          munitions stockpile.
Sec. 932. Secretary of Defense criteria for and guidance on 
          identification and internal transmission of critical 
          information.

       Subtitle A--Duties and Functions of Department of Defense

SEC. 901. 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 subsection (a) 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.
                (ix) The development of new technologies in support of 
            the transformation of the Armed Forces.
        (3) An examination of the duties of the Director as the Chief 
    Technology Officer of the Department of Defense as prescribed by 
    Department of Defense Directive 5134.3, dated November 3, 2003, 
    especially in comparison to the duties of similar positions in the 
    Federal Government and industry.
        (4) An examination of any other matter that the Secretary 
    considers appropriate for the study.
    (c) Report.--(1) Not later than February 1, 2006, 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 results of the study under this section.
    (2) The report shall include recommendations regarding the 
appropriate roles and authorities that should be assigned and resources 
that should be provided to the Director of Defense Research and 
Engineering.
    (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 subsection (a) and in preparing the report under 
subsection (c).

SEC. 902. CHANGE OF MEMBERSHIP OF SPECIFIED COUNCIL.

    (a) Membership of Council Under Section 179.--Subsection (a) of 
section 179 of title 10, United States Code, is amended by adding at 
the end the following new paragraph:
        ``(4) The Under Secretary of Defense for Policy.''.
    (b) Conforming and Clarifying Amendments.--Such subsection is 
further amended in the matter preceding paragraph (1)--
        (1) by striking ``Joint''; and
        (2) by striking ``composed of three members as follows:'' and 
    inserting ``operated as a joint activity of the Department of 
    Defense and the Department of Energy. The membership of the Council 
    is comprised of the following officers of those departments:''.
    (c) Other Technical and Clarifying Amendments.--Such section is 
further amended as follows:
        (1) Subsection (c)(3)(B) is amended by striking ``appointed'' 
    and inserting ``designated''.
        (2) Subsection (e) is amended by striking ``In addition'' and 
    all that follows through ``also'' and inserting ``The Council 
    shall''.
        (3) Subsection (f) is amended by striking ``Committee on'' the 
    first place it appears and all that follows through 
    ``Representatives'' and inserting ``congressional defense 
    committees''.
    (d) Stylistic Amendments.--Such section is further amended as 
follows:
        (1) Subsection (a) is amended by inserting ``Establishment; 
    Membership.--'' after ``(a)''.
        (2) Subsection (b) is amended by inserting ``Chairman; 
    Meetings.--'' after ``(b)''.
        (3) Subsection (c) is amended by inserting ``Staff and 
    Administrative Services; Staff Director.--'' after ``(c)''.
        (4) Subsection (d) is amended by inserting 
    ``Responsibilities.--'' after ``(d)''.
        (5) Subsection (e) is amended by inserting ``Report on 
    Difficulties Relating to Safety or Reliability.--'' after ``(e)''.
        (6) Subsection (f) is amended by inserting ``Annual Report.--'' 
    after ``(f)''.
    (e) Further Conforming Amendments.--Section 3212(e) of the National 
Nuclear Security Administration Act (50 U.S.C. 2402(e)) is amended--
        (1) by striking ``Joint'' in the subsection heading; and
        (2) by striking ``Joint''.

                      Subtitle B--Space Activities

SEC. 911. 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 definition, policy, requirements, and objectives for 
    each of the following:
            (A) Space situational awareness.
            (B) Space control.
            (C) Space superiority, including defensive and offensive 
        counterspace.
            (D) Force enhancement and force application.
            (E) Space-based intelligence, surveillance, and 
        reconnaissance from space.
            (F) Any other matter the Secretary considers relevant to 
        understanding the United States space posture.
        (2) Current and planned space acquisition programs that are in 
    acquisition categories 1 and 2, including how each such program 
    will address the policy, requirements, and objectives described 
    under each of subparagraphs (A) through (F) of paragraph (1).
        (3) Future space systems and technology development (other than 
    those in development as of the date of the enactment of this Act) 
    necessary to address the policy, requirements, and objectives 
    described under each of subparagraphs (A) through (F) of paragraph 
    (1).
        (4) The relationship among--
            (A) United States military space policy;
            (B) national security space policy;
            (C) national security space objectives; and
            (D) arms control policy.
        (5) Effect of United States military and national security 
    space policy on the proliferation of weapons capable of targeting 
    objects in space or objects on Earth from space.
    (c) Reports.--(1) Not later than March 15, 2005, the Secretary of 
Defense shall submit to the congressional committees specified in 
paragraph (4) an interim report on the review conducted under 
subsection (a).
    (2) Not later than December 31, 2005, the Secretary shall submit to 
those committees a final report on that 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 be submitted to the 
Committee on Armed Services and the Select Committee on Intelligence of 
the Senate and the Committee on Armed Services and the Permanent Select 
Committee on Intelligence of the House of Representatives.
    (d) Joint Undertaking With the Director of Central Intelligence (or 
Successor).--The Secretary of Defense shall conduct the review under 
this section, and shall submit the reports under subsection (c), 
jointly with the Director of Central Intelligence (or any successor 
official who has responsibility for management of the intelligence 
community).
    (e) Posture Review Period.--In this section, the term ``posture 
review period'' means the 10-year period beginning on the first day of 
the first month beginning more than one year after the date of the 
enactment of this Act.

SEC. 912. PANEL ON THE FUTURE OF NATIONAL SECURITY 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 national security space launch 
requirements of the United States, including means of meeting those 
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 national security space launch requirements of the United 
States, including the means of meeting those requirements.
    (2) The review and assessment shall take into account the following 
matters:
        (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 the implications of payloads 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 national security space 
launch requirements over each of the 5-year, 10-year, and 15-year 
periods beginning with 2005.
    (d) Information From Federal and State Agencies.--(1) The panel may 
secure directly from the Department of Defense, from any other 
department or agency of the Federal Government, and any State 
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 
    national security 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 national security space launch requirements of the 
    United States.
    (f) Termination.--The panel shall terminate 16 months after the 
date of the first meeting of the panel under subsection (b)(4).
    (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. 913. OPERATIONALLY RESPONSIVE NATIONAL SECURITY 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 and 
            buses: separate program element required

    ``(a) Requirement for Program Element.--The Secretary of Defense 
shall ensure that, within budget program elements for space programs of 
the Department of Defense, there is a separate, dedicated program 
element for operationally responsive national security payloads and 
buses of the Department of Defense for space satellites and that 
programs and activities for such payloads and buses are planned, 
programmed, and budgeted for through that 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 of the 
Department of Defense.
    ``(c) Definition of Operationally Responsive.--In this section, the 
term `operationally responsive', with respect to a national security 
payload and bus for a space satellite, means an experimental or 
operational payload and bus with a weight 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 and buses: 
          separate program element required.''.

    (b) Time for Implementation.--Subsection (a) of section 2273a of 
title 10, United States Code, as added by subsection (a), shall apply 
with respect to fiscal years after fiscal year 2005.

SEC. 914. NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL SATELLITE 
              OPERATIONS.

    (a) Mandatory Disclosure Requirements Inapplicable.--The 
requirements to make information available under section 552 of title 
5, United States Code, shall not apply to land remote sensing 
information.
    (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 United States Government-approved 
        customers for reasons of national security pursuant to the 
        terms of an operating license issued pursuant to 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 and which is prohibited from sale to customers other than 
    the United States Government and United States Government-approved 
    customers for reasons of national security pursuant to the terms of 
    an operating license described in paragraph (1)(B).
    (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, local, or tribal government may not be made 
available to the general public under any State, local, or tribal 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, local, or tribal government shall take such actions, 
commensurate with the sensitivity of that information, as are necessary 
to protect that information from disclosure other than in accordance 
with this section and other applicable law.
    (e) Additional Definition.--In this section, the term ``land remote 
sensing'' has the meaning given such term in section 3 of the Land 
Remote Sensing Policy Act of 1992 (15 U.S.C. 5602).
    (f) Disclosure to Congress.--Nothing in this section shall be 
construed to authorize the withholding of information from the 
appropriate committees of Congress.

                Subtitle C--Intelligence-Related Matters

SEC. 921. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY OF DEFENSE 
              TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR 
              INTELLIGENCE COLLECTION ACTIVITIES ABROAD.

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

SEC. 922. 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 analyst 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.

                       Subtitle D--Other Matters

SEC. 931. STRATEGIC PLAN FOR DESTRUCTION OF LETHAL CHEMICAL AGENTS AND 
              MUNITIONS STOCKPILE.

    Subsection (d) of section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), is amended to read as 
follows:
    ``(d) Requirement for Strategic Plan.--(1) The Under Secretary of 
Defense for Acquisition, Technology, and Logistics and the Secretary of 
the Army shall jointly prepare, and from time to time shall update as 
appropriate, a strategic plan for future activities for destruction of 
the United States' stockpile of lethal chemical agents and munitions.
    ``(2) The plan shall include, at a minimum, the following 
considerations:
        ``(A) Realistic budgeting for stockpile destruction and related 
    support programs.
        ``(B) Contingency planning for foreseeable or anticipated 
    problems.
        ``(C) A management approach and associated actions that address 
    compliance with the obligations of the United States under the 
    Chemical Weapons Convention treaty and that take full advantage of 
    opportunities to accelerate destruction of the stockpile.
    ``(3) The Secretary of Defense shall each year submit to the 
Committee on the Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives the strategic plan as 
most recently prepared and updated under paragraph (1). Such submission 
shall be made each year at the time of the submission to the Congress 
that year of the President's budget for the next fiscal year.''.

SEC. 932. SECRETARY OF DEFENSE CRITERIA FOR AND GUIDANCE ON 
              IDENTIFICATION AND INTERNAL TRANSMISSION OF CRITICAL 
              INFORMATION.

    (a) Criteria for Critical Information.--(1) The Secretary of 
Defense shall establish criteria for determining categories of critical 
information that should be made known expeditiously to senior civilian 
and military officials in the Department of Defense. Those categories 
should be limited to matters of extraordinary significance and 
strategic impact to which rapid access by those officials is essential 
to the successful accomplishment of the national security strategy or a 
major military mission. The Secretary may from time to time modify the 
list to suit the current strategic situation.
    (2) The Secretary shall provide the criteria established under 
paragraph (1) to the Chairman of the Joint Chiefs of Staff, the 
Secretaries of the military departments, the commanders of the unified 
and specified commands, the commanders of deployed forces, and such 
other elements of the Department of Defense as the Secretary considers 
necessary.
    (b) Matters To Be Included.--The criteria established under 
subsection (a) shall include, at a minimum, requirement for 
identification of the following:
        (1) Any incident that may result in a contingency operation, 
    based on the incident's nature, gravity, or potential for 
    significant adverse consequences to United States citizens, 
    military personnel, interests, or assets, including an incident 
    that could result in significant adverse publicity having a major 
    strategic impact.
        (2) Any event, development, or situation that could be 
    reasonably assumed to escalate into an incident described in 
    paragraph (1).
        (3) Any deficiency or error in policy, standards, or training 
    that could be reasonably assumed to have the effects described in 
    paragraph (1).
    (c) Requirements for Transmission of Critical Information.--The 
criteria under subsection (a) shall include such requirements for 
transmission of such critical information to such senior civilian and 
military officials of the Department of Defense as the Secretary of 
Defense considers appropriate.
    (d) Time for Issuance of Criteria.--The Secretary of Defense shall 
establish the criteria required by subsection (a) not later than 120 
days after the date of the enactment of this Act.

                      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. Budget justification documents for operation and maintenance.
Sec. 1004. Licensing of intellectual property.
Sec. 1005. Repeal of funding restrictions concerning development of 
          medical countermeasures against biological warfare threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency 
          fluctuations.
Sec. 1007. Fiscal year 2004 transfer authority.
Sec. 1008. Clarification of fiscal year 2004 funding level for a 
          National Institute of Standards and Technology account.
Sec. 1009. Notification of fund transfers from working-capital funds.
Sec. 1010. Charges for Defense Logistics Information Services materials.

                 Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Authority for award of contracts for ship dismantling on net-
          cost basis.
Sec. 1012. Use of proceeds from exchange and sale of obsolete navy 
          service craft and boats.
Sec. 1013. Transfer of naval vessels to certain foreign recipients.
Sec. 1014. Independent study to assess cost effectiveness of the Navy 
          ship construction program.
Sec. 1015. Limitation on disposal of obsolete naval vessel.

                     Subtitle C--Counterdrug Matters

Sec. 1021. Use of funds for unified counterdrug and counterterrorism 
          campaign in Colombia.
Sec. 1022. Sense of Congress and report regarding counter-drug efforts 
          in Afghanistan.

       Subtitle D--Matters Relating to Museums and Commemorations

Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City, 
          Missouri, as America's National World War I Museum.
Sec. 1032. Program to commemorate 60th anniversary of World War II.
Sec. 1033. Annual report on Department of Defense operation and 
          financial support for military museums.

                           Subtitle E--Reports

Sec. 1041. Quarterly detailed accounting for operations conducted as 
          part of the Global War on Terrorism.
Sec. 1042. Report on post-major combat operations phase of Operation 
          Iraqi Freedom.
Sec. 1043. Report on training provided to members of the Armed Forces to 
          prepare for post-conflict operations.
Sec. 1044. Report on establishing National Centers of Excellence for 
          unmanned aerial and ground vehicles.
Sec. 1045. Study of continued requirement for two-crew manning for 
          ballistic missile submarines.
Sec. 1046. Report on Department of Defense programs for prepositioning 
          of materiel and equipment.
Sec. 1047. Report on al Quaeda and associated groups in Latin America 
          and the Caribbean.

   Subtitle F--Defense Against Terrorism and Other Domestic Security 
                                 Matters

Sec. 1051. Acceptance of communications equipment provided by local 
          public safety agencies.
Sec. 1052. Determination and report on full-time airlift support for 
          homeland defense operations.
Sec. 1053. Survivability of critical systems exposed to chemical or 
          biological contamination.

                 Subtitle G--Personnel Security Matters

Sec. 1061. Use of National Driver Register for personnel security 
          investigations and determinations.
Sec. 1062. Standards for disqualification from eligibility for 
          Department of Defense security clearance.

               Subtitle H--Transportation-Related Matters

Sec. 1071. Use of military aircraft to transport mail to and from 
          overseas locations.
Sec. 1072. Reorganization and clarification of certain provisions 
          relating to control and supervision of transportation within 
          the Department of Defense.
Sec. 1073. Evaluation of procurement practices relating to 
          transportation of security-sensitive cargo.

                        Subtitle I--Other Matters

Sec. 1081. Liability protection for Department of Defense volunteers 
          working in maritime environment.
Sec. 1082. Sense of Congress concerning media coverage of the return to 
          the United States of the remains of deceased members of the 
          Armed Forces from overseas.
Sec. 1083. Transfer of historic F3A-1 Brewster Corsair aircraft.
Sec. 1084. Technical and clerical amendments.
Sec. 1085. Preservation of search and rescue capabilities of the Federal 
          Government.
Sec. 1086. Acquisition of aerial firefighting equipment for National 
          Interagency Fire Center.
Sec. 1087. Revision to requirements for recognition of institutions of 
          higher education as Hispanic-serving institutions for purposes 
          of certain grants and contracts.
Sec. 1088. Military extraterritorial jurisdiction over contractors 
          supporting defense missions overseas.
Sec. 1089. Definition of United States for purposes of Federal crime of 
          torture.
Sec. 1090. Energy savings performance contracts.
Sec. 1091. Sense of Congress and policy concerning persons detained by 
          the United States.
Sec. 1092. Actions to prevent the abuse of detainees.
Sec. 1093. Reporting requirements.
Sec. 1094. Findings and sense of Congress concerning Army Specialist 
          Joseph Darby.

                     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 
$3,500,000,000.
    (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. BUDGET JUSTIFICATION DOCUMENTS FOR OPERATION AND 
              MAINTENANCE.

    (a) In General.--(1) Chapter 9 of title 10, United States Code, is 
amended by adding after section 232, as added by section 214(a), the 
following new section:

``Sec. 233. Operation and maintenance budget presentation

    ``(a) Identification of Baseline Amounts in O&M Justification 
Documents.--In any case in which the amount requested in the 
President's budget for a fiscal year for a Department of Defense 
operation and maintenance program, project, or activity is different 
from the amount appropriated for that program, project, or activity for 
the current year, the O&M justification documents supporting that 
budget shall identify that appropriated amount and the difference 
between that amount and the amount requested in the budget, stated as 
an amount and as a percentage.
    ``(b) Navy for Ship Depot Maintenance and for Intermediate Ship 
Maintenance.--In the O&M justification documents for the Navy for any 
fiscal year, amounts requested for ship depot maintenance and amounts 
requested for intermediate ship maintenance shall be identified and 
distinguished.
    ``(c) Definitions.--In this section:
        ``(1) The term `O&M justification documents' means Department 
    of Defense budget justification documents with respect to accounts 
    for operation and maintenance submitted to the congressional 
    defense committees in support of the Department of Defense 
    component of the President's budget for any fiscal year.
        ``(2) The term `President's budget' means the budget of the 
    President submitted to Congress under section 1105 of title 31 for 
    any fiscal year.
        ``(3) The term `current year' means the fiscal year during 
    which the President's budget is submitted in any year.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding after the item relating to section 232, as added by 
section 214(b), the following new item:

``233. Operation and maintenance budget presentation.''.

    (b) Components of Line Items for Other Costs and Other Contracts.--
Not later than March 1, 2005, the Secretary of Defense shall submit to 
the congressional defense committees a report setting forth the 
component elements of the line items identified as ``Other Costs'' and 
``Other Contracts'' in the exhibit identified as ``Summary of Price and 
Program Changes'' in the budget justification materials submitted to 
those committees in support of the budget for fiscal year 2006.

SEC. 1004. 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 regarding which the Secretary will exercise the authority to 
retain licensing fees under this section.
    ``(c) Use of Fees.--The Secretary concerned shall use fees retained 
under this section for the following purposes:
        ``(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 obligation 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 of 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. 1005. REPEAL OF FUNDING RESTRICTIONS CONCERNING DEVELOPMENT OF 
              MEDICAL COUNTERMEASURES AGAINST BIOLOGICAL WARFARE 
              THREATS.

    (a) Repeal.--Section 2370a of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 139 of such title is amended by striking the item relating to 
that section.

SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOREIGN CURRENCY 
              FLUCTUATIONS.

    (a) Secretary of Defense Report.--(1) Not later than December 1, 
2004, the Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives a report on the foreign currency exchange rate 
projection used in annual Department of Defense budget presentations.
    (2) In the report under paragraph (1), the Secretary shall--
        (A) identify alternative approaches for selecting foreign 
    currency exchange rates that would produce more realistic estimates 
    of amounts required to be appropriated or otherwise made available 
    for the Department of Defense to accommodate foreign currency 
    exchange rate fluctuations;
        (B) discuss the advantages and disadvantages of each approach 
    identified pursuant to subparagraph (A); and
        (C) identify the Secretary's preferred approach among the 
    alternatives identified pursuant to subparagraph (A) and provide 
    the Secretary's rationale for preferring that approach.
    (3) In identifying alternative approaches pursuant to paragraph 
(2)(A), the Secretary shall examine--
        (A) approaches used by other Federal departments and agencies; 
    and
        (B) the feasibility of using private economic forecasting.
    (b) Comptroller General Review and Report.--The Comptroller General 
shall review the report under subsection (a), including the basis for 
the Secretary's conclusions stated in the report, and shall submit, not 
later than January 15, 2005, to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives a report containing the results of that review.

SEC. 1007. FISCAL YEAR 2004 TRANSFER AUTHORITY.

    Section 1001(a)(2) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1582) is amended by 
striking ``$2,500,000,000'' and inserting ``$2,800,000,000''.

SEC. 1008. 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 may 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. 1009. NOTIFICATION OF FUND TRANSFERS FROM WORKING-CAPITAL FUNDS.

    Section 2208 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(r) Notification of Transfers.--(1) Notwithstanding any authority 
provided in this section to transfer funds, the transfer of funds from 
a working-capital fund, including a transfer to another working-capital 
fund, shall not be made under such authority unless the Secretary of 
Defense submits, in advance, 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 made in a fiscal year does not count toward 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. 1010. 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.''.

                Subtitle B--Naval Vessels and Shipyards

SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR SHIP DISMANTLING ON 
              NET-COST BASIS.

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

``Sec. 7305a. Vessels stricken from Naval Vessel Register: contracts 
            for dismantling on net-cost basis

    ``(a) Authority for Net-Cost Basis Contracts.--When the Secretary 
of the Navy awards a contract for the dismantling of a vessel stricken 
from the Naval Vessel Register, the Secretary may award the contract on 
a net-cost basis.
    ``(b) Retention by Contractor of Proceeds of Sale of Scrap and 
Reusable Items.--When the Secretary awards a contract on a net-cost 
basis under subsection (a), the Secretary shall provide in the contract 
that the contractor may retain the proceeds from the sale of scrap and 
reusable items removed from the vessel dismantled under the contract.
    ``(c) Definitions.--In this section:
        ``(1) The term `net-cost basis', with respect to a contract for 
    the dismantling of a vessel, means that the amount to be paid to 
    the contractor under the contract for dismantling and for removal 
    and disposal of hazardous waste material is discounted by the 
    offeror's estimate of the value of scrap and reusable items that 
    the contractor will remove from the vessel during performance of 
    the contract.
        ``(2) The term `scrap' means personal property that has no 
    value except for its basic material content.
        ``(3) The term `reusable item' means a demilitarized component 
    or a removable portion of a vessel or equipment that the Secretary 
    of the Navy has identified as excess to the needs of the Navy but 
    which has potential resale value on the open market.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7305 the following new item:

``7305a. Vessels stricken from Naval Vessel Register: contracts for 
          dismantling on net-cost basis.''.

SEC. 1012. USE OF PROCEEDS FROM EXCHANGE AND SALE OF OBSOLETE NAVY 
              SERVICE CRAFT AND BOATS.

    (a) Costs of Preparation for Disposal.--(1) Chapter 633 of title 
10, United States Code, is amended by inserting after section 7311 the 
following new section:

``Sec. 7312. Service craft stricken from Naval Vessel Register; 
            obsolete boats: use of proceeds from exchange or sale

    ``(a) Exchange or Sale of Similar Items.--When the Secretary of the 
Navy sells an obsolete service craft or an obsolete boat, or exchanges 
such a craft or boat in a transaction for which a similar craft or boat 
is acquired, the Secretary may retain the proceeds of the sale or the 
exchange allowance from the exchange, as the case may be, and apply the 
proceeds of sale or the exchange allowance for any of the following 
purposes:
        ``(1) For payment, in whole or in part, for a similar service 
    craft or boat acquired as a replacement, as authorized by section 
    503 of title 40.
        ``(2) For reimbursement, to the extent practicable, of the 
    appropriate accounts of the Navy for the full costs of preparation 
    of such obsolete craft or boat for such sale or exchange.
        ``(3) For deposit to the special account established under 
    subsection (b), to be available in accordance with that subsection.
    ``(b) Special Account.--Amounts retained under subsection (a) that 
are not applied as provided in paragraph (1) or (2) of that subsection 
shall be deposited into a special account. Amounts in the account shall 
be available under subsection (c) without regard to fiscal year 
limitation. Amounts in the account that the Secretary of the Navy 
determines are not needed for the purpose stated in subsection (c) 
shall be transferred at least annually to the General Fund of the 
Treasury.
    ``(c) Costs of Preparation of Obsolete Service Craft and Boats for 
Future Sale or Exchange.--The Secretary may use amounts in the account 
under subsection (b) for payment, in whole or in part, for the full 
costs of preparation of obsolete service craft and obsolete boats for 
future sale or exchange.
    ``(d) Costs of Preparation for Sale or Exchange.--In this section, 
the term `full costs of preparation' means the full costs (direct and 
indirect) incurred by the Navy in preparing an obsolete service craft 
or an obsolete boat for exchange or sale, including the cost of the 
following:
        ``(1) Towing.
        ``(2) Storage.
        ``(3) Defueling.
        ``(4) Removal and disposal of hazardous wastes.
        ``(5) Environmental surveys to determine the presence of 
    regulated materials containing polychlorinated biphenyl (PCB) and, 
    if such materials are found, the removal and disposal of such 
    materials.
        ``(6) Other costs related to such preparation.
    ``(e) Obsolete Service Craft.--For purposes of this section, an 
obsolete service craft is a service craft that has been stricken from 
the Naval Vessel Register.
    ``(f) Inapplicability of Advertising Requirement.--Section 3709 of 
the Revised Statutes (41 U.S.C. 5) does not apply to sales of service 
craft and boats described in subsection (a).
    ``(g) Regulations.--The Secretary of the Navy shall prescribe 
regulations for the purposes of this section.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 7311 the 
following new item:

``7312. Service craft stricken from Naval Vessel Register; obsolete 
          boats: use of proceeds from exchange or sale.''.

    (b) Applicability.--Section 7312 of title 10, United States Code, 
as added by subsection (a), shall apply with respect to amounts 
received on or after the date of the enactment of this Act and to 
amounts received before the date of the enactment of this Act and not 
obligated as of that date.

SEC. 1013. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.

    (a) Transfers by Grant.--The President is authorized to transfer 
vessels to foreign recipients 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 USS O'BANNON (DD-987).
        (2) Portugal.--To the Government of Portugal, the OLIVER HAZARD 
    PERRY class guided missile frigates GEORGE PHILIP (FFG-12) and 
    SIDES (FFG-14).
    (b) Transfers by Sale.--The President is authorized to transfer 
vessels to foreign recipients on a sale basis under section 21 of the 
Arms Export Control Act (22 U.S.C. 2761), as follows:
        (1) Chile.--To the Government of Chile, the SPRUANCE class 
    destroyer FLETCHER (DD-992).
        (2) Taiwan.--To the Taipei Economic and Cultural Representative 
    Office of the United States (which is the Taiwan instrumentality 
    designated pursuant to section 10(a) of the Taiwan Relations Act 
    (22 U.S.C. 3309(a))), the ANCHORAGE class dock landing ship 
    ANCHORAGE (LSD-36).
    (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 pursuant to authority provided by subsection (a) shall 
not be counted against the aggregate value of excess defense articles 
transferred to countries in any fiscal year under section 516(g) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)).
    (d) Costs of Transfers.--Any expense incurred by the United States 
in connection with a transfer authorized under subsection (a) or (b) 
shall be charged to the recipient.
    (e) Repair and Refurbishment in United States Shipyards.--To the 
maximum extent practicable, the President shall require, as a condition 
of the transfer of a vessel under this section, that the country to 
which the vessel is transferred have such repair or refurbishment of 
the vessel as is needed, before the vessel joins the naval forces of 
that country, performed at a shipyard located in the United States, 
including a United States Navy shipyard.
    (f) Expiration of Authority.--The authority to transfer a vessel 
under this section shall expire at the end of the two-year period 
beginning on the date of the enactment of this Act.

SEC. 1014. INDEPENDENT STUDY TO ASSESS COST EFFECTIVENESS OF THE NAVY 
              SHIP CONSTRUCTION PROGRAM.

    (a) Study.--The Secretary of Defense shall provide for a study of 
the cost effectiveness of the ship construction program of the Navy. 
The study shall be conducted by a group of industrial experts 
independent of the Department of Defense. The study shall examine 
both--
        (1) a variety of approaches by which the Navy ship construction 
    program could be made more efficient in the near term; and
        (2) a variety of approaches by which, with a nationally 
    integrated effort over the next decade, the United States 
    shipbuilding industry might enhance its health and viability.
    (b) Near-Term Improvements in Efficiency.--With respect to the 
examination under subsection (a)(1) of approaches by which the Navy 
ship construction program could be made more efficient in the near 
term, the Secretary shall provide for the persons conducting the study 
to--
        (1) determine the potential cost savings on an annual basis, 
    with an estimate of return on investment, from implementation of 
    each approach examined; and
        (2) establish priorities for potential implementation of the 
    approaches examined.
    (c) United States Shipbuilding Infrastructure Modernization Plan.--
With respect to the examination under subsection (a)(2) of approaches 
by which the United States shipbuilding industry might enhance its 
health and viability through a nationally integrated effort over the 
next decade, the Secretary shall provide for the persons conducting the 
study to--
        (1) propose a plan incorporating a variety of approaches that 
    would modernize the United States shipbuilding infrastructure 
    within the next decade, resulting in a healthier and more viable 
    shipbuilding industrial base;
        (2) establish priorities for potential implementation of the 
    approaches examined; and
        (3) estimate the resources required to implement each of the 
    approaches examined.
    (d) Report.--Not later than October 1, 2005, the Secretary of 
Defense shall submit a report to the congressional defense committees 
providing the results of the study under subsection (a). The report 
shall include the matters specified in subsections (b) and (c).

SEC. 1015. 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.

                    Subtitle C--Counterdrug Matters

SEC. 1021. 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 8076 of the Department of Defense Appropriations 
    Act, 2005 (Public Law 108-287; 118 Stat. 988).
    (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, in consultation with the Secretary of Defense and the Director 
of Central Intelligence, shall 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. 1022. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS 
              IN AFGHANISTAN.

    (a) Sense of Congress.--It is the sense of Congress that--
        (1) the President should make the substantial reduction of 
    illegal drug trafficking in Afghanistan a priority in the Global 
    War on Terrorism;
        (2) the Secretary of Defense, in coordination with the 
    Secretary of State and the heads of other appropriate Federal 
    agencies, should expand cooperation with the Government of 
    Afghanistan and international organizations involved in counter-
    drug activities to assist in providing a secure environment for 
    counter-drug personnel in Afghanistan; and
        (3) the United States, in conjunction with the Government of 
    Afghanistan and coalition partners, should undertake additional 
    efforts to reduce illegal drug trafficking and related activities 
    that provide financial support for terrorist organizations in 
    Afghanistan and neighboring countries.
    (b) Report Required.--(1) The Secretary of Defense and the 
Secretary of State shall jointly prepare a report that describes--
        (A) the progress made towards substantially reducing poppy 
    cultivation and heroin production capabilities in Afghanistan; and
        (B) the extent to which profits from illegal drug activity in 
    Afghanistan are used to financially support terrorist organizations 
    and groups seeking to undermine the Government of Afghanistan.
    (2) The report required by this subsection shall be submitted to 
Congress not later than 120 days after the date of the enactment of 
this Act.

       Subtitle D--Matters Relating to Museums and Commemorations

SEC. 1031. RECOGNITION OF THE LIBERTY MEMORIAL MUSEUM, KANSAS CITY, 
              MISSOURI, AS 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 honor of those individuals who served in World War I in 
    defense of liberty and the United States.
        (2) The Liberty Memorial Association, the nonprofit 
    organization that 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 United States 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 of the Kansas City 
    metropolitan area, including veterans of World War I. 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 in 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 
    collections of the Liberty Memorial Museum. The new core exhibition 
    is scheduled to open on Veterans Day in 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 first build and later restore 
    the Liberty Memorial Museum. The Liberty Memorial Museum continues 
    to receive the strong support of residents from the States of 
    Missouri and Kansas and across the United States.
        (8) Since its restoration and rededication in 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 schoolchildren in the United States through on-site visits, 
    classroom curriculum development, distance-learning activities, and 
    other educational initiatives.
        (12) The Liberty Memorial Museum should remain the foremost 
    museum in the United States regarding the national experience in 
    the World War I years, which people can visit to learn about World 
    War I and where the history of this monumental struggle will be 
    preserved so that current and future generations 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) The work of the Liberty Memorial Museum to recognize and 
    preserve the history of the Nation's sacrifices in World War I will 
    take on added significance as the centennial observance of the war 
    approaches.
        (14) It is fitting and proper to refer to the Liberty Memorial 
    Museum as ``America's National World War I Museum''.
    (b) Congressional Recognition.--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 will enhance the 
    knowledge and understanding of 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;
        (3) commends the ongoing development and visibility of the 
    ``Lessons of Liberty'' educational outreach programs prepared by 
    the Liberty Memorial Museum for teachers and students throughout 
    the United States; and
        (4) encourages present generations of Americans to understand 
    the magnitude of World War I, how it shaped the United States, 
    other countries, and later world events, and how the sacrifices 
    made by Americans then helped preserve liberty, democracy, and 
    other founding principles of the United States for generations to 
    come.

SEC. 1032. 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 Committee on Armed Services of the 
Senate and the Committee on Armed Services of the 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. 1033. ANNUAL REPORT ON DEPARTMENT OF DEFENSE OPERATION AND 
              FINANCIAL SUPPORT FOR MILITARY MUSEUMS.

    (a) Report Required.--Chapter 23 of title 10, United States Code, 
is amended by adding at the end the following new section:

``Sec. 489. Annual report on Department of Defense operation and 
            financial support for military museums

    ``(a) Report Required.--As part of the budget materials submitted 
to Congress in connection with the submission of the budget for a 
fiscal year pursuant to section 1105 of title 31, but in no case later 
than March 15 of each year, the Secretary of Defense shall submit a 
report identifying all military museums that, during the most recently 
completed fiscal year--
        ``(1) were operated by the Secretary of Defense or the 
    Secretary of a military department;
        ``(2) were otherwise supported using funds appropriated to the 
    Department of Defense; or
        ``(3) were located on property under the jurisdiction of the 
    Department of Defense, although neither operated by the Department 
    of Defense nor supported using funds appropriated to the Department 
    of Defense.
    ``(b) Information on Individual Museums.--For each museum 
identified in a report under this section, the Secretary of Defense 
shall include in the report the following:
        ``(1) The purpose and functions of the museum and the 
    justification for the museum.
        ``(2) A description of the facilities dedicated to the museum, 
    including the location, size, and type of facilities and whether 
    the facilities are included or eligible for inclusion on the 
    National Register of Historic Places.
        ``(3) An itemized listing of the funds appropriated to the 
    Department of Defense that were obligated to support the museum 
    during the fiscal year covered by the report and a description of 
    the process used to determine the annual allocation of Department 
    of Defense funds for the museum.
        ``(4) An itemized listing of any other Federal funds, funds 
    from a nonappropriated fund instrumentality account of the 
    Department of Defense, and non-Federal funds obligated to support 
    the museum.
        ``(5) The management structure of the museum, including 
    identification of the persons responsible for preparing the budget 
    for the museum and for making acquisition and management decisions 
    for the museum.
        ``(6) The number of civilian employees of the Department of 
    Defense and members of the armed forces who served full-time or 
    part-time at the museum and their role in the management structure 
    of the museum.
    ``(c) Information on Support Priorities.--Each report under this 
section shall also include a separate description of the procedures 
used by the Secretary of Defense, in the case of museums identified in 
the report that are operated or supported by the Secretary of Defense, 
and the Secretary of a military department, in the case of museums 
identified in the report that are operated or supported by that 
Secretary, to prioritize funding and personnel support to the museums. 
The Secretary of Defense shall include a description of any such 
procedures applicable to the entire Department of Defense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``489. Annual report on Department of Defense operation and financial 
          support for military museums.''.

                          Subtitle E--Reports

SEC. 1041. QUARTERLY DETAILED ACCOUNTING FOR OPERATIONS CONDUCTED AS 
              PART 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 each operation specified in 
subsection (b)--
        (1) a full accounting of all costs incurred for such operation 
    during such quarter and all amounts expended during such quarter 
    for such operation; and
        (2) a description of the purposes for which those costs were 
    incurred and those amounts were expended.
    (b) Operations Covered.--The operations referred to in subsection 
(a) are the following:
        (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 an operation specified in subsection (b), the 
Secretary shall account in the quarterly submission under subsection 
(a) for all costs and expenditures that are reasonably attributable to 
that operation, including personnel costs.

SEC. 1042. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF OPERATION 
              IRAQI FREEDOM.

    (a) Report Required.--(1) Not later than June 1, 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 area of operations of 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 through the period covered by the report in 
    Operation Iraqi Freedom, including equipment in prepositioned 
    stocks, to mission-ready condition.
        (Q) A description of military civil affairs and reconstruction 
    efforts, including efforts 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.
        (V) The organization of United States Central Command to 
    conduct post-conflict operations and lessons for other combatant 
    commands to conduct other such operations in the future.
    (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. 1043. 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 awareness about ethnic 
    backgrounds, religious beliefs, and political structures of the 
    people living in areas in which the Armed Forces operate and 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 commanders of combatant commands.
    (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. 1044. 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 at which the Department of Defense 
    currently conducts or plans to conduct research, development, and 
    testing activities on unmanned aerial and ground vehicles.
        (2) A list of facilities at which 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 with respect to 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 the national centers of 
    excellence under this section.
    (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 military facilities that 
have--
        (1) a workforce of skilled personnel;
        (2) existing capacity of runways and other facilities to 
    accommodate the research, development, testing, and deployment of 
    current and future unmanned aerial vehicles; and
        (3) minimal restrictions on the research, development, testing, 
    and deployment of unmanned aerial vehicles resulting from proximity 
    to large population centers or airspace heavily utilized by 
    commercial flights.

SEC. 1045. STUDY OF CONTINUED REQUIREMENT FOR TWO-CREW MANNING FOR 
              BALLISTIC MISSILE SUBMARINES.

    (a) Study and Determination.--The Secretary of Defense shall 
conduct a study of whether the practice of using two alternating crews 
(referred to as the ``Gold Crew'' and the ``Blue Crew'') for manning of 
ballistic missile submarines (SSBNs) continues to be justified under 
the changed circumstances since the end of the Cold War and, based on 
that study, shall make a determination of whether that two-crew manning 
practice should be continued or should be modified or terminated.
    (b) Report.--Not later than six months after the date of the 
enactment of this Act, the Secretary shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
providing notice of the Secretary's determination under subsection (a) 
and the reasons for that determination.

SEC. 1046. REPORT ON DEPARTMENT OF DEFENSE PROGRAMS FOR PREPOSITIONING 
              OF MATERIEL AND EQUIPMENT.

    (a) Secretary of Defense Assessment and Report.--(1) The Secretary 
of Defense shall conduct an assessment of the programs of the Armed 
Forces for the prepositioning of materiel and equipment. Such 
assessment shall focus on how those programs will support the goal of 
the Secretary to have the capability, from the onset of a contingency 
situation, to--
        (A) deploy forces to a distant theater within 10 days;
        (B) defeat an enemy within 30 days; and
        (C) be ready for an additional conflict within another 30 days.
    (2) The Secretary shall submit to Congress a report on such 
assessment not later than October 1, 2005.
    (b) Matters to Be Included.--The assessment under subsection (a) 
shall include the following:
        (1) A review of the prepositioning of materiel and equipment 
    used in Operation Iraqi Freedom and Operation Enduring Freedom, 
    including identification of challenges and potential solutions.
        (2) A description of changes to doctrine, strategy, and 
    transportation plans that could be necessary to support the goal of 
    the Secretary described in subsection (a).
        (3) A description of modifications to prepositioning programs 
    that could be required in order to incorporate modularity concepts, 
    future force structure changes, and sea-basing concepts.
        (4) A discussion of joint operations and training that support 
    force projection requirements, including--
            (A) theater opening requirements at potential aerial and 
        sea ports of debarkation;
            (B) joint force reception capabilities;
            (C) joint theater distribution operations; and
            (D) use of joint prepositioned stocks, materiel, and 
        systems.

SEC. 1047 REPORT ON AL QAEDA AND ASSOCIATED GROUPS IN LATIN AMERICA AND 
              THE CARIBBEAN.

    (a) Report.--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, submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the activities 
of al Qaeda and associated groups in Latin America and the Caribbean, 
including--
        (1) an assessment of the extent to which such groups have 
    established a presence in the area;
        (2) a description of the activities of such groups in the area, 
    including fundraising, money laundering, narcotrafficking, and 
    associations with criminal groups;
        (3) an assessment of the threat posed by such groups to the 
    peace and stability of the nations in the area and to United States 
    interests; and
        (4) a description of United States policies intended to deal 
    with such a threat.
    (b) Form of Report.--The report shall be submitted in unclassified 
form, but may include a classified annex.

   Subtitle F--Defense Against Terrorism and Other Domestic Security 
                                Matters

SEC. 1051. 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: acceptance from local 
            public safety agencies for temporary use related to 
            disasters

    ``(a) Authority to Accept Equipment.--(1) Subject to subsection 
(c), the Secretary concerned--
        ``(1) may accept communications equipment for use in 
    coordinating joint response and recovery operations with public 
    safety agencies in the event of a disaster; and
        ``(2) may accept services related to the operation and 
    maintenance of such equipment.
    ``(b) Regulations.--The authority under subsection (a) shall be 
exercised under regulations prescribed by the Secretary of Defense.
    ``(c) Limitations.--(1) Equipment may be accepted under subsection 
(a)(1) only to the extent that communications equipment under the 
control of the Secretary concerned at the potential disaster response 
site is inadequate to meet military requirements for communicating with 
public safety agencies during the period of response to the disaster.
    ``(2) Services may be accepted under subsection (a)(2) related to 
the operation and maintenance of communications equipment only to the 
extent that the necessary capabilities are not available to the 
military commander having custody of the equipment.
    ``(c) Liability.--A person providing services accepted under this 
section may not be considered, by reason of the provision of such 
services, to be an officer, employee, or agent of the United States for 
any purpose.''.
    (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: acceptance from local public 
          safety agencies for temporary use related to disasters.''.

SEC. 1052. DETERMINATION AND REPORT ON FULL-TIME 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 to the support of homeland defense 
operations, including operations in support of contingent requirements 
for transportation of any of the following in response to a disaster:
        (A) Weapons of Mass Destruction Civil Support Teams.
        (B) National Guard Chemical, Biological, Radiological, Nuclear, 
    High Explosive Enhanced Response Force Packages.
        (C) Air Force expeditionary medical teams.
        (D) Department of Energy emergency response teams.
    (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 plans and capabilities of the Department 
of Defense for meeting contingent requirements for transporting teams 
and packages specified in subsection (a)(1) in response to disasters.
    (2) The Secretary shall prepare a plan for resolving any 
deficiencies in the 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 that term in 
section 305b(e) of title 37, United States Code.

SEC. 1053. 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 Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives 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 any such system by chemical or biological 
agents.
    (b) Content.--At a minimum, the plan under subsection (a) shall 
include the following:
        (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 those systems which 
    are defense critical systems.
        (3) Specific testing procedures to be used during the design 
    and development of new defense critical systems.
        (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 System Defined.--In this section, the term 
``defense critical system'' means a Department of Defense system that, 
as determined by the Secretary of Defense, is vital to an essential 
defense mission.

                 Subtitle G--Personnel Security Matters

SEC. 1061. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL SECURITY 
              INVESTIGATIONS AND DETERMINATIONS.

    Section 30305(b) of title 49, United States Code, is amended--
        (1) by redesignating paragraphs (9) through (11) as paragraphs 
    (10) through (12), respectively; and
        (2) by inserting after paragraph (8) the following new 
    paragraph:
    ``(9) An individual who has or is seeking access to national 
security information for purposes of Executive Order No. 12968, or any 
successor Executive order, or an individual who is being investigated 
for Federal employment under authority of Executive Order No. 10450, or 
any successor Executive order, may request the chief driver licensing 
official of a State to provide information about the individual 
pursuant to subsection (a) of this section to a Federal department or 
agency that is authorized to investigate the individual for the purpose 
of assisting in the determination of the eligibility of the individual 
for access to national security information or for Federal employment 
in a position requiring access to national security information. A 
Federal department or agency that receives information about an 
individual under the preceding sentence may use such information only 
for purposes of the authorized investigation and only in accordance 
with applicable law.''.

SEC. 1062. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY FOR 
              DEPARTMENT OF DEFENSE SECURITY CLEARANCE.

    (a) Disqualified Persons.--Subsection (c)(1) of section 986 of 
title 10, United States Code, is amended--
        (1) by striking ``and'' and inserting ``, was''; and
        (2) by inserting before the period at the end the following: 
    ``, and was incarcerated as a result of that sentence for not less 
    than one year''.
    (b) Waiver Authority.--Subsection (d) of such section is amended to 
read as follows:
    ``(d) Waiver Authority.--In a meritorious case, an exception to the 
prohibition in subsection (a) may be authorized for a person described 
in paragraph (1) or (4) of subsection (c) if there are mitigating 
factors. Any such waiver may be authorized only in accordance with 
standards and procedures prescribed by, or under the authority of, an 
Executive order or other guidance issued by the President.''.

               Subtitle H--Transportation-Related Matters

SEC. 1071. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND FROM 
              OVERSEAS LOCATIONS.

    (a) Authority for Use of Military Aircraft.--Section 3401 of title 
39, United States Code, is amended--
        (1) in subsection (b)--
            (A) in the matter preceding paragraph (1)(A), by striking 
        ``title 49,'' and inserting ``title 49, or on military aircraft 
        at rates not to exceed those so fixed and determined for 
        scheduled United States air carriers,''; and
            (B) in the sentence following paragraph (3), by striking 
        ``carriers'' each place it appears and inserting ``carriers and 
        military aircraft''; and
        (2) in subsection (c)--
            (A) in the first sentence, by striking ``title 49,'' and 
        inserting ``title 49, or on military aircraft at rates not to 
        exceed those so fixed and determined for scheduled United 
        States air carriers,''; and
            (B) in the second sentence--
                (i) by inserting ``and military aircraft'' after 
            ``carriers'' the first place it appears; and
                (ii) by striking ``by air carriers other than scheduled 
            United States air carriers'' and inserting ``by other than 
            scheduled United States air carriers and military 
            aircraft''.
    (b) Definition.--Such section is further amended by adding at the 
end the following new subsection:
    ``(g) In this section:
        ``(1) The term `military aircraft' means an aircraft owned, 
    operated, or chartered by the Department of Defense.
        ``(2) The term `United States air carrier' has the meaning 
    given the term `air carrier' in section 40102 of title 49.''.

SEC. 1072. REORGANIZATION AND CLARIFICATION OF CERTAIN PROVISIONS 
              RELATING TO CONTROL AND SUPERVISION OF TRANSPORTATION 
              WITHIN THE DEPARTMENT OF DEFENSE.

    (a) Transfer of Certain Transportation Authorities.--Sections 4744, 
4745, 4746, and 4747 of title 10, United States Code, are transferred 
to chapter 157 of such title, inserted (in that order) at the end of 
such chapter, and redesignated as sections 2648, 2649, 2650, and 2651, 
respectively.
    (b) Clarification of Applicability of Transferred Authorities 
Throughout the Department of Defense.--(1) Section 2648 of such title, 
as transferred and redesignated by subsection (a), is amended--
        (A) by striking ``Secretary of the Army'' in the matter 
    preceding paragraph (1) and inserting ``Secretary of Defense'';
        (B) by striking ``Army transport agencies'' in the matter 
    preceding paragraph (1) and all that follows through ``military 
    transport agency of'';
        (C) by striking paragraphs (1), (2), and (3);
        (D) by redesignating paragraph (4), (5), (6), and (7) as 
    paragraphs (1), (2), (3), and (4), respectively;
        (E) by redesignating paragraph (8) as paragraph (5) and in that 
    paragraph striking ``persons described in clauses (1), (2), (4), 
    (5), and (7)'' and inserting ``members of the armed forces, 
    officers and employees of the Department of Defense or the Coast 
    Guard, and persons described in paragraphs (1), (2), and (4)''; and
        (F) by striking ``clause (7) or (8)'' in the last sentence and 
    inserting ``paragraph (4) or (5)''.
    (2) Section 2649 of such title, as transferred and redesignated by 
subsection (a), is amended--
        (A) by striking the section heading and inserting the 
    following:

``Sec. 2649. Civilian passengers and commercial cargoes: transportation 
            on Department of Defense vessels'';

        (B) by striking ``(1) on vessels'' and all that follows through 
    ``Department of the Army'';
        (C) by striking ``any transport agency of''; and
        (D) by striking ``Secretary of the Army'' and all that follows 
    through ``be transported'' and inserting ``Secretary of Defense, be 
    transported''.
    (3) Section 2650 of such title, as transferred and redesignated by 
subsection (a), is amended--
        (A) in the matter preceding paragraph (1), by striking ``Army 
    transport agencies'' and all that follows through ``military 
    transport agency of'';
        (B) in paragraph (1), by striking ``Secretary of the Army'' and 
    inserting ``Secretary of Defense''; and
        (C) in paragraph (4), by striking ``by air--'' and all that 
    follows through ``the transportation cannot'' and inserting ``by 
    air, the transportation cannot''.
    (4) Section 2651 of such title, as transferred and redesignated by 
subsection (a), is amended by striking ``Army transport agencies'' and 
all that follows and inserting ``the Department of Defense, under 
regulations and at rates to be prescribed by the Secretary of 
Defense.''.
    (c) Repeal of Superseded and Obsolete Provisions.--The following 
sections of such title are repealed: sections 4741, 4743, 9741, 9743, 
and 9746.
    (d) Clerical Amendments.--
        (1) The table of sections at the beginning of chapter 157 of 
    such title is amended by adding at the end the following new items:

``2648. Persons and supplies: sea transportation.
``2649. Civilian passengers and commercial cargoes: transportation on 
          Department of Defense vessels.
``2650. Civilian personnel in Alaska.
``2651. Passengers and merchandise to Guam: sea transport.''.

        (2) The table of sections at the beginning of chapter 447 of 
    such title is amended by striking the items relating to sections 
    4741, 4743, 4744, 4745, 4746, and 4747.
        (3) The table of sections at the beginning of chapter 947 of 
    such title is amended by striking the items relating to sections 
    9741, 9743, and 9746.

SEC. 1073. EVALUATION OF PROCUREMENT PRACTICES RELATING TO 
              TRANSPORTATION OF SECURITY-SENSITIVE CARGO.

    (a) Evaluation Requirement.--The Secretary of Defense shall 
evaluate the procurement practices of the Department of Defense in the 
award of service contracts for domestic freight transportation for 
security-sensitive cargo (such as arms, ammunitions, explosives, and 
classified material) to determine whether such practices are in the 
best interests of the Department of Defense.
    (b) Report.--Not later than January 1, 2005, the Secretary of 
Defense shall submit to the Committees on Armed Services of the House 
of Representatives and the Senate a report on the results of the 
evaluation conducted under subsection (a).

                       Subtitle I--Other Matters

SEC. 1081. LIABILITY PROTECTION FOR DEPARTMENT OF DEFENSE VOLUNTEERS 
              WORKING IN MARITIME ENVIRONMENT.

    Section 1588(d)(1)(B) of title 10, United States Code, is amended 
by inserting before the period at the end the following: ``and the Act 
of March 9, 1920, commonly known as the `Suits in Admiralty Act' (41 
Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of March 3, 1925, 
commonly known as the `Public Vessels Act' (43 Stat. 1112; 46 U.S.C. 
App. 781 et seq.) (relating to claims for damages or loss on navigable 
waters)''.

SEC. 1082. SENSE OF CONGRESS CONCERNING 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 
    deceased members of the Armed Forces--
            (A) at Ramstein Air Force Base, Germany;
            (B) at Dover Air Force Base, Delaware, and the Port 
        Mortuary Facility at Dover Air Force Base; and
            (C) 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--
        (1) appropriately protects the privacy of the families and 
    friends of the deceased; and
        (2) is consistent with United States constitutional guarantees 
    of freedom of speech and freedom of the press.

SEC. 1083. TRANSFER OF HISTORIC F3A-1 BREWSTER CORSAIR AIRCRAFT.

    (a) Authority to Convey.--The Secretary of the Navy may convey, 
without consideration, to Lex Cralley of Princeton Minnesota (in this 
section referred to as ``transferee''), all right, title, and interest 
of the United States in and to a F3A-1 Brewster Corsair aircraft 
(Bureau Number 04634). The conveyance shall be made by means of a deed 
of gift.
    (b) Condition of Aircraft.--The aircraft shall be conveyed under 
subsection (a) in its current unflyable, ``as is'' condition. The 
Secretary is not required to repair or alter the condition of the 
aircraft before conveying ownership of the aircraft.
    (c) Conveyance at No Cost to the United States.--The conveyance of 
the aircraft under subsection (a) shall be made at no cost to the 
United States. Any costs associated with the conveyance and costs of 
operation and maintenance of the aircraft conveyed shall be borne by 
the transferee.
    (d) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with a conveyance 
under this section as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 1084. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Clarification of Definition of ``Operational Range''.--Section 
101(e)(3) of title 10, United States Code, is amended by striking 
``Secretary of Defense'' and inserting ``Secretary of a military 
department''.
    (b) Amendments Relating to Definition of Congressional Defense 
Committees.--Title 10, United States Code, is amended as follows:
        (1) Section 2215 is amended--
            (A) by striking ``(a) Certification Required.--'';
            (B) by striking ``congressional committees specified in 
        subsection (b)'' and inserting ``congressional defense 
        committees''; and
            (C) by striking subsection (b).
        (2) Section 2306b(g) is amended by striking ``Committee on'' 
    the first place it appears and all that follows through ``House of 
    Representatives'' and inserting ``congressional defense 
    committees''.
        (3) Section 2515(d) is amended--
            (A) by striking ``(1)'' before ``The Secretary'';
            (B) by striking ``congressional committees specified in 
        paragraph (2)'' and inserting ``congressional defense 
        committees''; and
            (C) by striking paragraph (2).
        (4) Section 2676(d) is amended by striking ``appropriate 
    committees of Congress'' at the end of the first sentence and 
    inserting ``congressional defense committees''.
    (c) Amendments Relating to Change of Name of GAO.--Title 10, United 
States Code, is amended as follows:
        (1) Section 1084 is amended by striking ``General Accounting 
    Office'' and inserting ``Comptroller General''.
        (2) Section 1102(d)(2) is amended by striking ``General 
    Accounting Office'' and inserting ``Comptroller General''.
        (3) Section 2014(g) is amended by striking ``General Accounting 
    Office'' and inserting ``Government Accountability Office''.
    (d) Miscellaneous Amendments to Title 10, United States Code.--
Title 10, United States Code, is amended as follows:
        (1) The tables of chapters at the beginning of subtitle A, and 
    at the beginning of part I of subtitle A, are amended by striking 
    ``481'' in the item relating to chapter 23 and inserting ``480''.
        (2) Section 130a is amended--
            (A) by striking ``Effective October 1, 2002, the'' in 
        subsection (a) and inserting ``The'';
            (B) by striking ``baseline number'' in subsection (a) and 
        all that follows through ``means the'' in subsection (c);
            (C) by transferring subsection (e) so as to appear before 
        subsection (d) and redesignating that subsection as subsection 
        (b);
            (D) by redesignating subsections (d) and (f) as subsection 
        (c) and (d), respectively; and
            (E) by striking subsection (g).
        (3) Section 437(c) is amended by inserting ``(50 U.S.C. 415b)'' 
    after ``National Security Act of 1947''.
        (4) Section 487(d) is amended by striking ``Other Definitions'' 
    and inserting ``Inapplicability to Coast Guard''.
        (5) Section 503(c)(1)(B) is amended by striking ``education'' 
    in the second sentence and inserting ``educational''.
        (6) Section 632(c)(1) is amended--
            (A) by striking ``paragraph (2)'' and inserting ``paragraph 
        (3)''; and
            (B) by striking ``under that paragraph'' and inserting 
        ``under that subsection''.
        (7) The item relating to section 1076b in the table of sections 
    at the beginning of chapter 55 is amended to read as follows:

``1076b. TRICARE program: coverage for members of the Ready Reserve.''.

        (8) Section 1108(e) is amended by striking ``heath'' and 
    inserting ``health''.
        (9) Section 1406(g) is amended--
            (A) by striking ``section 305'' and inserting ``section 
        245''; and
            (B) by striking ``Officers Act of 2002'' and inserting 
        ``Officer Corps Act of 2002 (33 U.S.C. 3045)''.
        (10) Sections 1448(b)(1)(F), 1448(d)(2)(B), 1448(d)(6)(A), and 
    1458(j) are amended by striking ``on or after the date of the 
    enactment of the National Defense Authorization Act for Fiscal Year 
    2004'' and inserting ``after November 23, 2003,''.
        (11) Sections 1463(a)(1), 1465(c)(1)(A), 1465(c)(1)(B), 
    1465(c)(4)(A), 1465(c)(4)(B), and 1466(b)(2)(D) are amended by 
    striking ``1413, 1413a,'' and inserting ``1413a''.
        (12) Section 1557(b) is amended by striking ``Effective October 
    1, 2002, final'' and inserting ``Final''.
        (13) Section 1566 is amended--
            (A) in subsection (g)(2), by striking ``the date that is 6 
        months after the date of the enactment of the Help America Vote 
        Act of 2002'' in the last sentence and inserting ``April 29, 
        2003''; and
            (B) in subsections (h), (i)(1), and (i)(3), by striking 
        ``Armed Forces'' and inserting ``armed forces''.
        (14) Sections 1724(d) and 1732(d)(1) are amended by striking 
    ``its decision'' in the second sentence and inserting ``the 
    decision of the Secretary''.
        (15) Section 1761(b) is amended--
            (A) in the matter preceding paragraph (1), by striking 
        ``provide for--'' and inserting ``provide for the following:'';
            (B) in paragraphs (1), (2), and (3), by capitalizing the 
        first letter of the first word;
            (C) at the end of paragraphs (1) and (2), by striking the 
        semicolon and inserting a period;
            (D) at the end of paragraph (3), by striking ``; and'' and 
        inserting a period; and
            (E) by striking paragraph (4).
        (16) Section 2193b(c)(2) is amended by striking ``the date of 
    the enactment of this section'' and inserting ``October 5, 1999''.
        (17) Section 2224(c) is amended in the matter preceding 
    paragraph (1) by striking ``subtitle II of chapter 35'' and 
    inserting ``subchapter II of chapter 35''.
        (18) Section 2349(d) is amended by striking ``section 
    2350a(i)(3)'' and inserting ``section 2350a(i)(2)''.
        (19) Section 2350b(g) is amended--
            (A) in the matter preceding paragraph (1), by inserting 
        ``the Secretary of Defense'' after ``authorizing''; and
            (B) in paragraph (1), by striking ``the Secretary of 
        Defense''.
        (20) Section 2474(f)(2) is amended by striking ``section 
    2466(e)'' and inserting ``section 2466(d)''.
        (21) Section 2540(b)(2) is amended by inserting ``, as in 
    effect on that date'' before the period at the end.
        (22) Section 2662(a)(2) is amended--
            (A) in the first sentence, by striking ``must include a 
        summarization'' and inserting ``shall include a summary''; and
            (B) in the second sentence, by inserting ``of paragraph 
        (1)'' after ``in subparagraph (E)''.
        (23) Section 2672a(a) is amended--
            (A) in the matter preceding paragraph (1), by inserting 
        ``in any case in which the Secretary determines'' after ``in 
        land'';
            (B) in paragraph (1), by striking ``the Secretary 
        determines'' and inserting ``the acquisition''; and
            (C) in paragraph (2), by inserting ``the acquisition'' 
        after ``(2)''.
        (24) Section 2701 is amended--
            (A) in subsection (a)(2), by inserting ``(42 U.S.C. 9620)'' 
        before the period at the end;
            (B) in subsection (c)(2), by striking ``of CERCLA (relating 
        to settlements)'' and inserting ``(relating to settlements) of 
        CERCLA (42 U.S.C. 9622)'';
            (C) in subsection (e), by inserting ``(42 U.S.C. 9619)'' 
        after ``CERCLA''; and
            (D) in subsection (j)(2), by striking ``the Comprehensive'' 
        and all the follows through ``of 1980'' and inserting 
        ``CERCLA''.
        (25) Section 2702 is amended by inserting ``(42 U.S.C. 
    9660(a)(5))'' in the second sentence of subsection (a) before the 
    period at the end.
        (26) Section 2703(b) is amended by striking ``The terms'' at 
    the beginning of the second sentence and inserting ``For purposes 
    of the preceding sentence, the terms''.
        (27) Section 2704 is amended by inserting ``(42 U.S.C. 
    9604(i))'' in subsections (c), (e), and (f) after ``CERCLA''.
        (28) The second section 3755, added by section 543(b)(1) of the 
    Bob Stump National Defense Authorization Act for Fiscal Year 2003 
    (Public Law 107-314; 116 Stat. 2549), is redesignated as section 
    3756, and the item relating to that section in the table of 
    sections at the beginning of chapter 357 is revised to reflect such 
    redesignation.
        (29) Section 4689 is amended by striking ``Building'' after 
    ``Capitol''.
        (30) The second section 6257, added by section 543(c)(1) of the 
    Bob Stump National Defense Authorization Act for Fiscal Year 2003 
    (Public Law 107-314; 116 Stat. 2549), is redesignated as section 
    6258, and the item relating to that section in the table of 
    sections at the beginning of chapter 567 is revised to reflect such 
    redesignation.
        (31) Section 7102 is amended--
            (A) by striking ``Authority'' at the beginning of 
        subsection (a) and inserting ``Master of Military Studies'';
            (B) by striking ``Marine Corps War College'' at the 
        beginning of subsection (b) and inserting ``Master of Strategic 
        Studies'';
            (C) by striking ``Command and Staff College of the Marine 
        Corps University'' at the beginning of subsection (c) and 
        inserting ``Master of Operational Studies''; and
            (D) by striking ``subsections (a) and (b)'' in subsection 
        (d) and inserting ``subsections (a), (b), and (c)''.
        (32) Section 8084 is amended by striking ``capabilty'' and 
    inserting ``capability''.
        (33) The second section 8755, added by section 543(d)(1) of the 
    Bob Stump National Defense Authorization Act for Fiscal Year 2003 
    (Public Law 107-314; 116 Stat. 2550), is redesignated as section 
    8756, and the item relating to that section in the table of 
    sections at the beginning of chapter 857 is revised to reflect such 
    redesignation.
        (34) The table in section 12012(a) is amended by inserting a 
    colon after ``Air National Guard''.
    (e) Title 37, United States Code.--Title 37, United States Code, is 
amended as follows:
        (1) Section 301a(b)(4) is amended by striking ``section 
    301(a)(11)'' and inserting ``section 301(a)(13)''.
        (2) Section 323(h) is amended by striking ``Secretary of 
    Transportation'' and inserting ``Secretary of Homeland Security''.
    (f) Public Law 108-136.--Effective as of November 24, 2003, and as 
if included therein as enacted, the National Defense Authorization Act 
for Fiscal Year 2004 (Public Law 108-136) is amended as follows:
        (1) Sections 832(a) and 834(a) (117 Stat. 1550) are each 
    amended by striking ``such title'' and inserting ``title 10, United 
    States Code,''.
        (2) Section 931(a)(1) (117 Stat. 1580) is amended by striking 
    ``and donations'' in the first quoted matter and inserting ``or 
    donations''.
        (3) Section 2204(b) (117 Stat. 1706) is amended by striking 
    ``section 2101(a)'' each place it appears and inserting ``section 
    2201(a)''.
    (g) Public Law 107-314.--Effective as of December 2, 2002, and as 
if included therein as enacted, section 1064(a)(2) of the Bob Stump 
National Defense Authorization Act for Fiscal Year 2003 (Public Law 
107-314; 116 Stat. 2654) is amended by inserting ``the item relating 
to'' after ``is amended by inserting after''.
    (h) Public Law 107-107.--Effective as of December 28, 2001, and as 
if included therein as enacted, the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107-107) is amended as follows:
        (1) Section 824(a)(1)(C) (115 Stat. 1183) is amended by 
    striking ``(3)(A)'' and inserting ``(3)(B)''.
        (2) Section 1048(e)(4) (115 Stat. 1227) is amended by striking 
    ``Subsection'' and inserting ``Section''.
        (3) Section 1111(c) (115 Stat. 1238) is amended by striking 
    ``This provision'' and inserting ``Section 5949 of title 5, United 
    States Code, as added by subsection (a),''.
    (i) Public Law 101-510.--Section 2902(e)(2)(B) of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note) is amended--
        (1) in clause (i), by striking ``Subcommittee on Readiness, 
    Sustainability, and Support'' and inserting ``Subcommittee on 
    Readiness and Management Support''; and
        (2) in clause (ii), by striking ``Subcommittee on Military 
    Installations and Facilities'' and inserting ``Subcommittee on 
    Readiness''.
    (j) National Security Act of 1947.--Sections 702(a)(6)(B)(iv)(I), 
703(a)(6)(B)(iv)(I), and 704(f)(2)(D)(i) of the National Security Act 
of 1947 are amended by striking ``responsible records'' and inserting 
``responsive records''.
    (k) Codification Relating to Leave for Attendance at Certain 
Hearings.--Subsection (b) of section 363 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (10 U.S.C. 704 note) 
is--
        (1) transferred to section 704 of title 10, United States Code;
        (2) inserted at the end of that section;
        (3) redesignated as subsection (c); and
        (4) amended--
            (A) by striking ``Armed Forces'' each place it appears and 
        inserting ``armed forces'';
            (B) in paragraph (1)--
                (i) by striking ``Secretary of each'' and all that 
            follows through ``in the Navy,'' and inserting ``Secretary 
            concerned''; and
                (ii) by striking ``(as defined in section 101 of title 
            10, United States Code)''; and
            (C) in paragraph (3)--
                (i) by striking ``For purposes of this subsection--'' 
            and inserting ``In this subsection:'';
                (ii) in subparagraph (A), by striking ``title 10, 
            United States Code'' and inserting ``this title''; and
                (iii) in subparagraph (B), by striking ``such term'' 
            and inserting ``that term''.

SEC. 1085. 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. 1086. ACQUISITION OF AERIAL FIREFIGHTING EQUIPMENT FOR NATIONAL 
              INTERAGENCY FIRE CENTER.

    (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 acquire aircraft 
    for use in aerial firefighting so that the military aircraft made 
    available for aerial firefighting will instead 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 aircraft 
that are--
        (A) specifically designed and built for aerial firefighting;
        (B) certified by the Chief of the Forest Service as suited for 
    conditions commonly experienced in aerial firefighting operations 
    carried out in the United States, including Alaska; 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. 1087. REVISION TO REQUIREMENTS FOR RECOGNITION OF INSTITUTIONS OF 
              HIGHER EDUCATION AS HISPANIC-SERVING INSTITUTIONS FOR 
              PURPOSES OF CERTAIN GRANTS AND CONTRACTS.

    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. 1088. MILITARY EXTRATERRITORIAL JURISDICTION OVER CONTRACTORS 
              SUPPORTING DEFENSE MISSIONS OVERSEAS.

    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. 1089. DEFINITION OF UNITED STATES FOR PURPOSES OF FEDERAL CRIME OF 
              TORTURE.

    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. 1090. 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 ``2006''.
    (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. 1091. SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED BY 
              THE UNITED STATES.

    (a) Sense of Congress.--It is the sense of Congress that--
        (1) the abuses inflicted upon detainees at the Abu Ghraib 
    prison in Baghdad, Iraq, are inconsistent with the professionalism, 
    dedication, standards, and training required of individuals who 
    serve in the United States Armed Forces;
        (2) the vast majority of members of the Armed Forces have 
    upheld the highest possible standards of professionalism and 
    morality in the face of illegal tactics and terrorist attacks and 
    attempts on their lives;
        (3) the abuse of persons in United States custody in Iraq is 
    appropriately condemned and deplored by the American people;
        (4) the Armed Forces are moving swiftly and decisively to 
    identify, try, and, if found guilty, punish persons who perpetrated 
    such abuse;
        (5) the Department of Defense and appropriate military 
    authorities must continue to undertake corrective action, as 
    appropriate, to address chain-of-command deficiencies and the 
    systemic deficiencies identified in the incidents in question;
        (6) the Constitution, laws, and treaties of the United States 
    and the applicable guidance and regulations of the United States 
    Government prohibit the torture or cruel, inhuman, or degrading 
    treatment of foreign prisoners held in custody by the United 
    States;
        (7) the alleged crimes of a handful of individuals should not 
    detract from the commendable sacrifices of over 300,000 members of 
    the Armed Forces who have served, or who are serving, in Operation 
    Iraqi Freedom; and
        (8) no detainee shall be subject to torture or cruel, inhuman, 
    or degrading treatment or punishment that is prohibited by the 
    Constitution, laws, or treaties of United States.
    (b) Policy.--It is the policy of the United States to--
        (1) ensure that no detainee 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) investigate and prosecute, as appropriate, all alleged 
    instances of unlawful treatment of detainees in a manner consistent 
    with the international obligations, laws, or policies of the United 
    States;
        (3) ensure that all personnel of the United States Government 
    understand their obligations in both wartime and peacetime to 
    comply with the legal prohibitions against torture, cruel, inhuman, 
    or degrading treatment of detainees in the custody of the United 
    States;
        (4) ensure that, in a case in which there is doubt as to 
    whether a detainee is entitled to prisoner of war status under the 
    Geneva Conventions, such detainee receives the protections accorded 
    to prisoners of war until the detainee's status is determined by a 
    competent tribunal; and
        (5) expeditiously process and, if appropriate, prosecute 
    detainees in the custody of the United States, including those in 
    the custody of the United States Armed Forces at Guantanamo Bay, 
    Cuba.
    (c) Detainees.--For purposes of this section, the term ``detainee'' 
means a person in the custody or under the physical control of the 
United States as a result of armed conflict.

SEC. 1092. ACTIONS TO PREVENT THE ABUSE OF DETAINEES.

    (a) Policies Required.--The Secretary of Defense shall ensure that 
policies are prescribed not later than 150 days after the date of the 
enactment of this Act regarding procedures for Department of Defense 
personnel and contractor personnel of the Department of Defense 
intended to ensure that members of the Armed Forces, and all persons 
acting on behalf of the Armed Forces or within facilities of the Armed 
Forces, treat persons detained by the United States Government in a 
humane manner consistent with the international obligations and laws of 
the United States and the policies set forth in section 1091(b).
    (b) Matters to Be Included.--In order to achieve the objective 
stated in subsection (a), the policies under that subsection shall 
specify, at a minimum, procedures for the following:
        (1) Ensuring that each commander of a Department of Defense 
    detention facility or interrogation facility--
            (A) provides all assigned personnel with training, and 
        documented acknowledgment of receiving training, regarding the 
        law of war, including the Geneva Conventions; and
            (B) establishes standard operating procedures for the 
        treatment of detainees.
        (2) Ensuring that each Department of Defense contract in which 
    contract personnel in the course of their duties interact with 
    individuals detained by the Department of Defense on behalf of the 
    United States Government include a requirement that such contract 
    personnel have received training, and documented acknowledgment of 
    receiving training, regarding the international obligations and 
    laws of the United States applicable to the detention of personnel.
        (3) Providing all detainees with information, in their own 
    language, of the applicable protections afforded under the Geneva 
    Conventions.
        (4) Conducting periodic unannounced and announced inspections 
    of detention facilities in order to provide continued oversight of 
    interrogation and detention operations.
        (5) Ensuring that, to the maximum extent practicable, detainees 
    and detention facility personnel of a different gender are not 
    alone together.
    (c) Secretary of Defense Certification.--The Secretary of Defense 
shall certify that all Federal employees and civilian contractors 
engaged in the handling or interrogation of individuals detained by the 
Department of Defense on behalf of the United States Government have 
fulfilled an annual training requirement on the law of war, the Geneva 
Conventions, and the obligations of the United States under 
international law.

SEC. 1093. REPORTING REQUIREMENTS.

    (a) Transmission of Regulations, Etc.--Not later than 30 days after 
the date on which regulations, policies, and orders are first 
prescribed under section 1092(a), the Secretary of Defense shall 
transmit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives copies of 
such regulations, policies, or orders, together with a report on steps 
taken to the date of the report to implement section 1092.
    (b) One-Year Implementation Report.--Not later than one year after 
the date on which regulations, policies, and orders are first 
prescribed under section 1092(a), the Secretary shall submit to such 
committees a report on further steps taken to implement section 1092 to 
the date of such report.
    (c) Annual Report.--Nine months after the date of the enactment of 
this Act and annually thereafter, 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 for the preceding 12-
months containing the following:
        (1) Notice of any investigation into any violation of 
    international obligations or laws of the United States regarding 
    the treatment of individuals detained by the United States Armed 
    Forces or by a person providing services to the Department of 
    Defense on a contractual basis, if the notice will not compromise 
    any ongoing criminal or administrative investigation or 
    prosecution.
        (2) General information on the foreign national detainees in 
    the custody of the Department of Defense during the 12-month period 
    covered by the report, including the following:
            (A) The best estimate of the Secretary of Defense of the 
        total number of detainees in the custody of the Department as 
        of the date of the report.
            (B) The best estimate of the Secretary of Defense of the 
        total number of detainees released from the custody of the 
        Department during the period covered by the report.
            (C) An aggregate summary of the number of persons detained 
        as enemy prisoners of war, civilian internees, and unlawful 
        combatants, including information regarding the average length 
        of detention for persons in each category.
            (D) An aggregate summary of the nationality of persons 
        detained.
            (E) Aggregate information as to the transfer of detainees 
        to the jurisdiction of other countries, and the countries to 
        which transferred.
    (d) Classification of Reports.--Reports submitted under this 
section shall be submitted, to the extent practicable, in unclassified 
form, but may include a classified annex as necessary to protect the 
national security of the United States.
    (e) Termination.--The requirements of this section shall cease to 
be in effect on December 31, 2007.

SEC. 1094. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY SPECIALIST 
              JOSEPH DARBY.

    (a) Findings.--Congress makes the following findings:
        (1) The need to act in accord with one's conscience, risking 
    one's career and even the esteem of one's colleagues by pursuing 
    what is right is especially important today.
        (2) While the Department of Defense investigates the horrific 
    abuses in American detention facilities in Iraq, the Nation should 
    bear in mind that the abuses were only brought to light because of 
    the courage of an American soldier.
        (3) By alerting his superiors to abuses at Abu Ghraib prison in 
    Iraq, Army Specialist Joseph Darby demonstrated the courage to 
    speak out and do what is right for his country.
        (4) Such an action is especially important in light of the many 
    challenges facing the country.
        (5) Specialist Darby deserves the Nation's thanks for speaking 
    up and for standing up for what is right.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the Secretary of Defense should make every protection 
    available to Army Specialist Joseph Darby and others who 
    demonstrate such courage; and
        (2) Specialist Darby should be commended appropriately by the 
    Secretary of the Army.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Payment of Federal employee health benefit premiums for 
          mobilized Federal employees.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian 
          intelligence personnel.
Sec. 1104. Pay parity for senior executives in defense nonappropriated 
          fund instrumentalities.
Sec. 1105. Science, mathematics, and research for transformation (SMART) 
          defense scholarship pilot program.
Sec. 1106. Report on how to recruit and retain individuals with foreign 
          language skills.
Sec. 1107. Plan on implementation and utilization of flexible personnel 
          management authorities in Department of Defense laboratories.

SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PREMIUMS FOR 
              MOBILIZED FEDERAL EMPLOYEES.

    (a) Authority to Continue Benefit Coverage.--Section 8905a of title 
5, United States Code is amended--
        (1) in subsection (a), by striking ``paragraph (1) or (2) of'';
        (2) in subsection (b)--
            (A) in paragraph (1)(B), by striking ``and'' at the end;
            (B) in paragraph (2)(C), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
        ``(3) any employee who--
            ``(A) is enrolled in a health benefits plan under this 
        chapter;
            ``(B) is a member of a reserve component of the armed 
        forces;
            ``(C) is called or ordered to active duty in support of a 
        contingency operation (as defined in section 101(a)(13) of 
        title 10);
            ``(D) is placed on leave without pay or separated from 
        service to perform active duty; and
            ``(E) serves on active duty for a period of more than 30 
        consecutive days.''; and
        (4) in subsection (e)(1)--
            (A) in subparagraph (A), by striking ``or'' at the end;
            (B) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (C) by adding at the end the following new subparagraph:
            ``(C) in the case of an employee described in subsection 
        (b)(3), the date which is 24 months after the employee is 
        placed on leave without pay or separated from service to 
        perform active duty.''.
    (b) Authority for Agencies To Pay Premiums.--Subparagraph (C) of 
section 8906(e)(3) of such title is amended by striking ``18 months'' 
and inserting ``24 months''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to Federal employees called or ordered to active 
duty on or after September 14, 2001.

SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.

    (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.--The amendment by this section shall take 
effect on the first day of the first month that begins after the date 
of the enactment of this Act.

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

    (a) Pay Rates.--Section 1602 of title 10, United States Code, is 
amended--
        (1) in subsection (a), by striking ``in relation to the rates 
    of pay provided in subpart D of part III of title 5 for positions 
    subject to that subpart which have corresponding levels of duties 
    and responsibilities'' and inserting ``in relation to the rates of 
    pay provided for comparable positions in the Department of Defense 
    and subject to the same limitations on maximum rates of pay 
    established for employees of the Department of Defense by law or 
    regulation'';
        (2) by striking subsection (b); and
        (3) by redesignating subsection (c) as subsection (b).
    (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. 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 senior executives under subsection (a) is to 
provide for parity between the total compensation provided for such 
senior executives 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. 1105. 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 the date of the enactment of this Act.
    (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 1105 of the Ronald W. 
        Reagan 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. 1106. REPORT ON HOW TO RECRUIT AND RETAIN INDIVIDUALS WITH FOREIGN 
              LANGUAGE SKILLS.

    Not later than March 31, 2005, 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. 1107. 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) Section 9902(c) of title 5, United States Code.
        (4) 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 the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives the plan 
under subsection (a) not later than December 1, 2005.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

  Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on 
                                Terrorism

Sec. 1201. Commanders' Emergency Response Program.
Sec. 1202. Assistance to Iraq and Afghanistan military and security 
          forces.
Sec. 1203. Redesignation and modification of authorities relating to 
          Inspector General of the Coalition Provisional Authority.
Sec. 1204. Presidential report on strategy for stabilization of Iraq.
Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
Sec. 1206. Report on contractors supporting deployed forces and 
          reconstruction efforts in Iraq.
Sec. 1207. United Nations Oil-for-Food Program.
Sec. 1208. Support of military operations to combat terrorism.

                Subtitle B--Counterproliferation Matters

Sec. 1211. Defense international counterproliferation programs.
Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic 
          missiles.
Sec. 1213. Sense of Congress on the global partnership against the 
          spread of weapons of mass destruction.
Sec. 1214. Report on collaborative measures to reduce the risks of a 
          launch of Russian nuclear weapons.

                        Subtitle C--Other Matters

Sec. 1221. Authority for humanitarian assistance for the detection and 
          clearance of landmines extended to include other explosive 
          remnants of war.
Sec. 1222. Expansion of entities of the People's Republic of China 
          subject to certain presidential authorities when operating in 
          the United States.
Sec. 1223. Assignment of NATO naval personnel to submarine safety 
          programs.
Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
Sec. 1225. Bilateral exchanges and trade in defense articles and defense 
          services between the United States and the United Kingdom and 
          Australia.
Sec. 1226. Study on missile defense cooperation.

 Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on 
                               Terrorism

SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

    (a) Fiscal Year 2005 Authority.--During fiscal year 2005, from 
funds made available to the Department of Defense for operation and 
maintenance pursuant to title XV, not to exceed $300,000,000 may be 
used to provide funds--
        (1) for the Commanders' Emergency Response Program, 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 
    requirements within their areas of responsibility by carrying out 
    programs that will immediately assist the Iraqi people; and
        (2) for a similar program to assist the people of Afghanistan.
    (b) Quarterly Reports.--Not later than 15 days after the end of 
each fiscal-year quarter (beginning with the first quarter of fiscal 
year 2005), the Secretary of Defense shall submit to the congressional 
defense committees a report regarding the source of funds and the 
allocation and use of funds during that quarter that were made 
available pursuant to the authority provided in this section or under 
any other provision of law for the purposes stated in subsection (a).
    (c) Waiver Authority.--For purposes of the exercise of the 
authority provided by this section or any other provision of law making 
funding available for the Commanders' Emergency Response Program 
referred to in subsection (a) (including a program referred to in 
paragraph (2) of that subsection), the Secretary may waive any 
provision of law not contained in this section that would (but for the 
waiver) prohibit, restrict, limit, or otherwise constrain the exercise 
of that authority.
    (d) Review of Laws.--Not later than 120 days after the date of the 
enactment of this Act, 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 identifying all provisions of law 
that (if not waived) would prohibit, restrict, limit, or otherwise 
constrain the exercise of the authority provided in this section or any 
other provision of law using funds available for the purposes stated in 
subsection (a).

SEC. 1202. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND SECURITY 
              FORCES.

    (a) Authority.--The Secretary of Defense may provide assistance 
under this section to Iraq and Afghanistan military and security 
forces. Such assistance shall be provided, subject to the provisions of 
this section, solely to enhance the ability of such forces 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.--Assistance under this section or under any other 
provision of law for the purpose described in subsection (a) may be 
provided only from funds available to the Department of Defense for 
fiscal year 2005 for operation and maintenance under title XV. The 
total amount of such assistance may not exceed $500,000,000.
    (d) Congressional Notification.--Before any provision of assistance 
under this section or any other provision of law for the purpose 
described in subsection (a), the Secretary of Defense shall submit to 
the congressional defense committees a notification of the assistance 
proposed to be provided. Any such notification shall be submitted not 
less than 15 days before the provision of such assistance.
    (e) Military and Security Forces Defined.--For purposes of this 
section, the term ``military and security forces'' means national 
armies, national guard forces, border security forces, civil defense 
forces, infrastructure protection forces, and police.

SEC. 1203. 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 for 
the 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 for the 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)--
            (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) by striking ``Neither the head of the Coalition 
            Provisional Authority,'' and all that follows through ``nor 
            any other officer'' and inserting ``No officer''; and
                (ii) by striking ``investigation,'' and all that 
            follows through ``course of any'' and inserting 
            ``investigation related to the Iraq Relief and 
            Reconstruction Fund or from issuing any subpoena during the 
            course of any such'';
        (2) in subsection (h)--
            (A) in paragraphs (4)(B) and (5), by striking ``head of the 
        Coalition Provisional Authority'' and inserting ``Secretary of 
        State or Secretary of Defense, as appropriate,''; and
            (B) in paragraph (5), by striking ``at the central and 
        field locations of the Coalition Provisional Authority'' and 
        inserting ``within the Department of Defense or 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'' the second place it appears and 
                inserting ``the Secretary of State or the Secretary of 
                Defense, as the case may be,''; and

                (ii) in subparagraph (B), by striking ``the head of the 
            Coalition Provisional Authority'' and inserting ``the 
            Secretary of State or the Secretary of Defense, as the case 
            may be,''; and
        (4) in subsection (k), by striking ``the head of the Coalition 
    Provisional Authority shall'' both places 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--
        (1) in the matter preceding subparagraph (A), 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''; and
        (2) in subparagraph (D), by striking ``the Coalition 
    Provisional Authority,'' and all that follows through ``Government, 
    and'' and inserting ``departments, agencies, and entities of the 
    United States and''.
    (g) Interagency Coordination.--Subsection (f) of such section is 
further amended by 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 State.
        ``(B) The Inspector General of the Department of Defense.
        ``(C) The Inspector General of the United States Agency for 
    International Development.''.
    (h) Powers and Authorities.--Subsection (g)(1) 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) by striking the first sentence and inserting the 
        following: ``Not later than 30 days after the end of each 
        fiscal-year quarter, the Inspector General shall submit to the 
        appropriate committees of Congress a report summarizing, for 
        the period of that quarter and, to the extent possible, the 
        period from the end of such quarter to the time of the 
        submission of the report, the activities during such period of 
        the Inspector General and the activities under 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)--
                (i) by striking ``the Coalition Provisional Authority 
            and of any other''; and
                (ii) by striking ``appropriated funds'' and inserting 
            ``amounts appropriated or otherwise made available to the 
            Iraq Relief and Reconstruction Fund''; and
            (D) in subparagraph (F)(iii), 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)--
            (A) by striking ``Not later than June 30, 2004, and 
        semiannually thereafter, the'' and inserting ``The'';
            (B) by striking ``a report'' and inserting ``semiannual 
        reports''; and
            (C) and by adding at the end the following new sentence: 
        ``The first such report for a year, covering the first six 
        months of the year, shall be submitted not later than July 31 
        of that year, and the second such report, covering the second 
        six months of the year, shall be submitted not later than 
        January 31 of the following year.''; and
        (4) in paragraph (4), by striking ``of the Coalition 
    Provisional Authority'' and inserting ``of 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 and the Secretary of Defense, 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. 1204. PRESIDENTIAL REPORT ON STRATEGY FOR STABILIZATION OF IRAQ.

    (a) Stabilization Strategy.--Not later than 120 days after the date 
of the enactment of this Act, the President shall submit to Congress 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:
        (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--
            (A) the current military forces of coalition countries 
        deployed to Iraq;
            (B) the current police forces of coalition countries 
        deployed to Iraq;
            (C) the current financial resources of coalition countries 
        pledged and provided for the stabilization and reconstruction 
        of Iraq; and
            (D) a list of countries that have pledged to deploy 
        military or police forces, including the schedule and level of 
        such deployments.
        (3) The strategic plan referred to in subsection (b) relating 
    to Iraqi security forces.
        (4) 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.
        (5) 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.
        (6) 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.
    (b) Iraqi Security Forces.--The President shall include in the 
report under subsection (a) a strategic plan setting forth the manner 
in which the coaltion will achieve the goal of establishing viable and 
professional Iraqi security forces able to provide for the long-term 
security of the Iraqi people. That strategic plan shall include at 
least the following:
        (1) Recruiting and retention goals, shown for each service of 
    the Iraqi security forces.
        (2) Training plans for each service of the Iraqi security 
    forces.
        (3) A description of metrics by which progress toward the goal 
    of Iraqi provision for its own security can be measured.
        (4) A description of equipment needs, shown for each service of 
    the Iraqi security forces.
        (5) A resourcing plan for achieving the goals of the strategic 
    plan.
        (6) Personnel plans in terms of United States military and 
    contractor personnel to be used in training each such service.
        (7) A description of challenges faced and opportunities 
    presented in particular regions of Iraq and a plan for addressing 
    those challenges.
        (8) A discussion of training and deployment successes and 
    failures to the date of the report and how lessons from those 
    successes and failures will be incorporated into the strategic 
    plan.
    (c) Quarterly Reports.--Not later than 30 days after the end of 
each quarter of calendar year 2005, the Secretary of Defense shall 
submit to the Congress a report on the actions taken under the 
strategic plan set forth pursuant to subsection (b) since the date of 
the enactment of this Act. Each such report shall be prepared in 
conjunction with the Secretary of State.

SEC. 1205. GUIDANCE ON CONTRACTORS SUPPORTING DEPLOYED FORCES IN IRAQ.

    (a) Guidance.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall issue guidance on 
how the Department of Defense shall manage contractor personnel who 
support deployed forces and shall direct the Secretaries of the 
military departments to develop procedures to ensure implementation of 
that guidance. The guidance shall--
        (1) establish policies for the use of contractors to support 
    deployed forces;
        (2) delineate the roles and responsibilities of commanders 
    regarding the management and oversight of contractor personnel who 
    support deployed forces; and
        (3) integrate into a single document other guidance and 
    doctrine that may affect Department of Defense responsibilities to 
    contractors in locations where members of the Armed Forces are 
    deployed.
    (b) Issues to be Addressed.--The guidance issued under subsection 
(a) shall address at least 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 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.
        (9) Establishing categories of security, intelligence, law 
    enforcement, and criminal justice functions that are--
            (A) inherently governmental functions under Subpart 7.5 of 
        the Federal Acquisition Regulation; or
            (B) although not inherently governmental functions, should 
        not ordinarily be performed by contractors in areas of 
        operations.
        (10) Establishing procedures for making and documenting 
    determinations about which security, intelligence, law enforcement, 
    and criminal justice functions will be performed by military 
    personnel and which will be performed by private companies.
    (c) Report.--Not later than 30 days after issuing the guidance 
required under subsection (a), the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a report on the guidance issued under subsection (a).

SEC. 1206. REPORT ON CONTRACTORS SUPPORTING DEPLOYED FORCES AND 
              RECONSTRUCTION EFFORTS IN IRAQ.

    (a) Report Required.--Not later than 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 contractors 
supporting deployed forces and reconstruction efforts in Iraq.
    (b) Matters To Be Included.--The report required by subsection (a) 
shall include, at a minimum, the following matters with respect to 
contractors, and employees of contractors, described in subsection (a):
        (1) A description of the overall chain of command and oversight 
    mechanisms that are in place to ensure adequate command and 
    supervision of such contractor employees in critical security 
    roles.
        (2) A description of sanctions that are available to be imposed 
    on such a contractor employee who--
            (A) fails to comply with a requirement of law or regulation 
        that applies to such employee; or
            (B) engages in other misconduct.
        (3) A description of disciplinary and criminal actions brought 
    against contractor employees during the period beginning on May 1, 
    2003, and ending on the date of the enactment of this Act.
        (4) An explanation of the legal status of contractor employees 
    engaged in the performance of security functions in Iraq after the 
    transfer of sovereign power to Iraq on June 28, 2004.
        (5) A specification of casualty and fatality figures for 
    contractor employees supporting deployed forces and reconstruction 
    efforts in Iraq, shown, to the extent practicable, in the following 
    categories:
            (A) Total casualties and total fatalities.
            (B) Casualties and fatalities among--
                (i) nationals of the United States;
                (ii) nationals of Iraq; and
                (iii) nationals of states other than the United States 
            and Iraq.
        (6) A description, to the maximum extent practicable, of 
    incidents in which contractor employees supporting deployed forces 
    and reconstruction efforts in Iraq have been engaged in hostile 
    fire or other incidents of note during the period beginning on May 
    1, 2003, and ending on the date of the enactment of this Act.
    (c) Plans.--The Secretary shall include with the report under 
subsection (a) the following plans:
        (1) A plan for establishing and implementing a process for 
    collecting data on individual contractors, the value of the 
    contracts, the number of casualties incurred, and the number of 
    personnel in Iraq performing the following services for the 
    Department of Defense and other Federal agencies:
            (A) Personal security details.
            (B) Nonmilitary site security.
            (C) Nonmilitary convoy security.
            (D) Interrogation services at interrogation centers 
        operated by the Department of Defense.
        (2) A plan for ensuring that military commanders in the theater 
    of operations have accurate information on the number, types, and 
    sources of weapons and other critical equipment (such as body 
    armor, armored vehicles, secure communications and friend-foe 
    identification) that contractor personnel performing services 
    specified in paragraph (1) are authorized to possess.
    (d) Coordination.--In the preparation of the report under this 
section (including the plans under subsection (c)), the Secretary of 
Defense shall coordinate, as appropriate, with the head of any Federal 
agency that is involved in the procurement of services from contractors 
supporting deployed forces and reconstruction efforts in Iraq. The head 
of any such agency shall provide to the Secretary of Defense such 
information as the Secretary may require about such contractors to 
complete the report.

SEC. 1207. UNITED NATIONS OIL-FOR-FOOD PROGRAM.

    (a) Access to Documents.--It is the sense of Congress that the 
Secretary of State should seek to conclude a memorandum of 
understanding with the Interim Government of Iraq to ensure that the 
United States will have access to all documents in the possession of 
that Government related to the United Nations Oil-for-Food Program.
    (b) 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 
to the United States copies of all audits and core documents related to 
the United Nations Oil-for-Food Program, including all audits, 
examinations, studies, reviews, or similar documents prepared by the 
United Nations Office of Internal Oversight Services and all responses 
to such documents.
    (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-483), the Comptroller 
General should have full and complete access to financial information 
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 access by the 
Comptroller General to the financial information described in paragraph 
(2).
    (c) Cooperation in Investigations.--The head of any Executive 
agency (including the Secretary of State, the Secretary of Defense, the 
Secretary of the Treasury, and the Director of the Central Intelligence 
Agency) shall, upon a request in connection with an investigation of 
the United Nations Oil-for-Food Program made by a committee of 
jurisdiction of the Senate or House of Representatives, promptly 
provide to the chairman of that committee--
        (1) access to any information or document described in 
    subsection (a) or (b) that is under the control of such agency and 
    responsive to the request; and
        (2) cooperation in gaining access to information and documents 
    described in subsections (a) and (b) that are not under the control 
    of such agency, as appropriate.
    (d) Review of Oil-for-Food Program by Comptroller General.--(1) The 
Comptroller General shall conduct a review of the United Nations Oil-
for-Food Program, including the role of the United States in that 
program. The review--
        (A) in accordance with generally accepted government auditing 
    standards, should not interfere with any ongoing criminal 
    investigation or inquiry related to that program; and
        (B) may take into account the results of any investigation or 
    inquiry related to that program.
    (2) The head of each Executive agency shall fully cooperate with 
the review of the Comptroller General under paragraph (1).
    (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. 1208 SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM.

    (a) Authority.--The Secretary of Defense may expend up to 
$25,000,000 during any fiscal year during which this subsection is in 
effect to provide support to foreign forces, irregular forces, groups, 
or individuals engaged in supporting or facilitating ongoing military 
operations by United States special operations forces to combat 
terrorism.
    (b) Procedures.--The Secretary of Defense shall establish 
procedures for the exercise of the authority under subsection (a). The 
Secretary shall notify the congressional defense committees of those 
procedures before any exercise of that authority.
    (c) Notification.--Upon using the authority provided in subsection 
(a) to make funds available for support of an approved military 
operation, the Secretary of Defense shall notify the congressional 
defense committees expeditiously, and in any event in not less than 48 
hours, of the use of such authority with respect to that operation. 
Such a notification need be provided only once with respect to any such 
operation. Any such notification shall be in writing.
    (d) Limitation on Delegation.--The authority of the Secretary of 
Defense to make funds available under subsection (a) for support of a 
military operation may not be delegated.
    (e) Intelligence Activities.--This section does not constitute 
authority to conduct a covert action, as such term is defined in 
section 503(e) of the National Security Act of 1947 (50 U.S.C. 
413b(e)).
    (f) Annual Report.--Not later than 30 days after the close of each 
fiscal year during which subsection (a) is in effect, the Secretary of 
Defense shall submit to the congressional defense committees a report 
on support provided under that subsection during that fiscal year. Each 
such report shall describe the support provided, including a statement 
of the recipient of the support and the amount obligated to provide the 
support.
    (g) Fiscal Year 2005 Limitation.--Support may be provided under 
subsection (a) during fiscal year 2005 only from funds made available 
for operations and maintenance pursuant to title XV of this Act.
    (h) Period of Authority.--The authority under subsection (a) is in 
effect during each of fiscal years 2005 through 2007.

                Subtitle B--Counterproliferation Matters

SEC. 1211. DEFENSE INTERNATIONAL COUNTERPROLIFERATION PROGRAMS.

    (a) International Security Program to Prevent Unauthorized Transfer 
and Transportation of WMDs.--Subsection (b) of section 1424 of the 
Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
2333) is amended to read as follows:
    ``(b) Other Countries.--The Secretary of Defense may carry out 
programs under subsection (a) in a country other than a country 
specified in that subsection if the Secretary determines that there 
exists in that country a significant threat of the unauthorized 
transfer and transportation of nuclear, biological, or chemical weapons 
or related materials.''.
    (b) International Training Program to Deter WMD Proliferation.--
Section 1504(e)(3)(A) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2918) is amended--
        (1) by striking ``The training program referred to in paragraph 
    (1)(B) is a'' and inserting `The Secretary of Defense may 
    participate in a'';
        (2) by inserting ``of'' after ``acquisition'';
        (3) by striking ``and'' after ``countries,''; and
        (4) by inserting before the period at the end the following: 
    ``, and in other countries in which, as determined by the Secretary 
    of Defense, there exists a significant threat of such proliferation 
    and acquisition''.

SEC. 1212. POLICY AND SENSE OF CONGRESS ON NONPROLIFERATION OF 
              BALLISTIC MISSILES.

    (a) Findings.--Congress makes the following findings:
        (1) 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, deployed members 
    of the Armed Forces, and allies of the United States and other 
    friendly foreign countries.
        (2) Certain countries continue to actively transfer or sell 
    ballistic missile technologies in contravention of standards of 
    behavior established by the United States and allies of the United 
    States and other friendly foreign countries.
        (3) 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 missiles and technologies.
    (b) 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 of the United States and other friendly foreign countries, and 
deployed members of the Armed Forces of the United States with weapons 
of mass destruction.
    (c) Sense of Congress.--It is the sense of Congress that--
        (1) the United States should vigorously pursue foreign policy 
    initiatives aimed at eliminating, reducing, or retarding the 
    proliferation of ballistic missiles and related technologies; and
        (2) 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 (April 28, 2004) and the Missile 
    Technology Control Regime, that are designed to eliminate, reduce, 
    or retard the proliferation of ballistic missiles and related 
    technologies.

SEC. 1213. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP AGAINST THE 
              SPREAD OF WEAPONS OF MASS DESTRUCTION.

    (a) Commendation of President.--Congress commends the President for 
the steps taken at the G-8 summit at Sea Island, Georgia, on June 8-10, 
2004--
        (1) to demonstrate continued support for the Global Partnership 
    against the Spread of Nuclear Weapons and Materials of Mass 
    Destruction; and
        (2) to expand the Partnership (A) by welcoming new members, and 
    (B) by using the Partnership to coordinate nonproliferation 
    projects in Libya, Iraq, and other countries.
    (b) Future Actions.--It is the sense of Congress that the President 
should seek to--
        (1) expand the membership of donor nations to the Global 
    Partnership against the Spread of Nuclear Weapons and Materials of 
    Mass Destruction;
        (2) ensure that the Russian Federation remains the primary 
    focus of the Partnership, but also seek to fund, through the 
    Partnership, efforts in other countries that need assistance to 
    secure or dismantle their own 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. 1214. REPORT ON COLLABORATIVE MEASURES TO REDUCE THE RISKS OF A 
              LAUNCH OF RUSSIAN NUCLEAR WEAPONS.

    Not later than November 1, 2005, the Secretary of Defense shall 
submit to Congress a report on collaborative measures between the 
United States and the Russian Federation to reduce the risks of a 
launch of a nuclear-armed ballistic missile as a result of accident, 
misinformation, miscalculation, or unauthorized use. The report shall 
provide--
        (1) a description and assessment of the collaborative measures 
    that are currently in effect;
        (2) a description and assessment of other collaborative 
    measures that could be pursued in the future;
        (3) an assessment of the potential contributions of such 
    collaborative measures to the national security of the United 
    States;
        (4) an assessment of the effect of such collaborative measures 
    on relations between the United States and the Russian Federation;
        (5) a description of the obstacles and opportunities associated 
    with pursuing such collaborative measures; and
        (6) an assessment of the future of the Joint Data Exchange 
    Center.

                       Subtitle C--Other Matters

SEC. 1221. AUTHORITY FOR HUMANITARIAN ASSISTANCE FOR THE DETECTION AND 
              CLEARANCE OF LANDMINES EXTENDED TO INCLUDE OTHER 
              EXPLOSIVE REMNANTS OF WAR.

    (a) Extension of Authority.--Subsection (e)(5) of section 401 of 
title 10, United States Code, is amended by inserting ``and other 
explosive remnants of war'' after ``landmines'' both places it appears.
    (b) Conforming Amendments.--Such section is further amended--
        (1) in subsection (a)(4)(A), by inserting ``or other explosive 
    remnants of war'' after ``landmines''; and
        (2) in subsection (c)(2)(B), by striking ``landmine clearing 
    equipment or supplies'' and inserting ``equipment or supplies for 
    clearing landmines or other explosive remnants of war''.

SEC. 1222. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF CHINA 
              SUBJECT TO CERTAIN PRESIDENTIAL AUTHORITIES WHEN 
              OPERATING IN THE UNITED STATES.

    Section 1237(b)(4)(B)(i) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is 
amended--
        (1) by inserting ``, or affiliated with,'' after ``or 
    controlled by''; and
        (2) by inserting after ``the People's Liberation Army'' the 
    following: ``or a ministry of the government of the People's 
    Republic of China or that is owned or controlled by an entity 
    affiliated with the defense industrial base of the People's 
    Republic of China''.

SEC. 1223. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE SAFETY 
              PROGRAMS.

    (a) In General.--Chapter 631 of title 10, United States Code, is 
amended by adding at the end the following new section:

``Sec. 7234. Submarine safety programs: participation of NATO naval 
            personnel

    ``(a) Acceptance of Assignment of Foreign Naval Personnel.--In 
order to facilitate the development, standardization, and 
interoperability of submarine vessel safety and rescue systems and 
procedures, the Secretary of the Navy may conduct a program under which 
members of the naval service of any of the member nations of the North 
Atlantic Treaty Organization may be assigned to United States commands 
to work on such systems and procedures.
    ``(b) Reciprocity Not Required.--The authority under subsection (a) 
is not an exchange program. Reciprocal assignments of members of the 
Navy to the naval service of a foreign country is not a condition for 
the exercise of such authority.
    ``(c) Costs for Foreign Personnel.--(1) The United States may not 
pay the following costs for a member of a foreign naval service sent to 
the United States under the program authorized by this section:
        ``(A) Salary.
        ``(B) Per diem.
        ``(C) Cost of living.
        ``(D) Travel costs.
        ``(E) Cost of language or other training.
        ``(F) Other costs.
    ``(2) Paragraph (1) does not apply to the following costs, which 
may be paid by the United States:
        ``(A) The cost of temporary duty directed by the Secretary of 
    the Navy or an officer of the Navy authorized to do so.
        ``(B) The cost of training programs conducted to familiarize, 
    orient, or certify members of foreign naval services regarding 
    unique aspects of their assignments.
        ``(C) Costs incident to the use of the facilities of the Navy 
    in the performance of assigned duties.
    ``(d) Relationship to Other Authority.--The provisions of this 
section shall apply in the exercise of any authority of the Secretary 
of the Navy to enter into an agreement with the government of a foreign 
country, subject to the concurrence of the Secretary of State, to 
provide for the assignment of members of the naval service of the 
foreign country to a 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 naval service 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 adding at the end the following new item:

``7234. Submarine safety programs: participation of NATO naval 
          personnel.''.

SEC. 1224. AVAILABILITY OF WARSAW INITIATIVE FUNDS FOR NEW NATO 
              MEMBERS.

    (a) Availability of Funds.--Of the amount authorized to be 
appropriated by section 301(5) for operation and maintenance, defense-
wide activities, and available for the Defense Security Cooperation 
Agency for the Warsaw Initiative Funds (WIF), $4,000,000 may be 
available only in fiscal year 2005 for the participation of the North 
Atlantic Treaty Organization (NATO) members set forth in subsection (b) 
in the exercises and programs of the Partnership for Peace program of 
the North Atlantic Treaty Organization.
    (b) NATO Members.--The North Atlantic Treaty Organization members 
set forth in this subsection are as follows:
        (1) Bulgaria.
        (2) Estonia.
        (3) Latvia.
        (4) Lithuania.
        (5) Romania.
        (6) Slovakia.
        (7) Slovenia.

SEC. 1225. BILATERAL EXCHANGES AND TRADE IN DEFENSE ARTICLES AND 
              DEFENSE SERVICES BETWEEN THE UNITED STATES AND THE UNITED 
              KINGDOM AND AUSTRALIA.

    (a) Policy.--It is the policy of Congress that bilateral exchanges 
and trade in defense articles and defense services between the United 
States and the United Kingdom and Australia are in the national 
security interest of the United States and that such exchanges and 
trade should be subjected to accelerated review and processing 
consistent with national security and the requirements of the Arms 
Export Control Act (22 U.S.C. 2751 et seq.).
    (b) Requirement.--The Secretary of State shall ensure that any 
license application submitted for the export of defense articles or 
defense services to Australia or the United Kingdom is expeditiously 
processed by the Department of State, in consultation with the 
Department of Defense, without referral to any other Federal department 
or agency, except where the item is classified or exceptional 
circumstances apply.
    (c) Regulations.--The President shall ensure that regulations are 
prescribed to implement this section.

SEC. 1226. STUDY ON MISSILE DEFENSE COOPERATION.

    (a) Requirement for Study.--The Secretary of Defense, in 
consultation with the Secretary of State, shall carry out a study to 
determine the advisability of authorizing or requiring--
        (1) the Secretary of State to 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; and
        (2) the Secretary of Defense to establish 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.
    (b) Feasibility of Requiring Comprehensive Authorizations for 
Missile Defense.--In carrying out the study under subsection (a), the 
Secretary of Defense, in consultation with the Secretary of State, 
shall 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).
    (c) Report.--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, 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 on the results of the study under 
subsection (a). The report shall include--
        (1) the determinations resulting from the study, including a 
    determination on the feasibility of providing the major project 
    authorization for projects related to missile defense described in 
    subsection (b); and
        (2) a discussion of the justification for each such 
    determination.
    (d) 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)).

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

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
          funds.
Sec. 1302. Funding allocations.
Sec. 1303. Temporary authority to waive limitation on funding for 
          chemical weapons destruction facility in Russia.
Sec. 1304. Inclusion of descriptive summaries in annual Cooperative 
          Threat Reduction reports and budget justification materials.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
              FUNDS.

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

SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $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. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING FOR 
              CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.

    (a) Temporary Authority.--Section 1305 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 
5952 note) shall not apply for a calendar year for which the President 
submits to Congress a written certification that includes--
        (1) a statement as to why a waiver of the conditions described 
    in such section 1305 is important to the national security 
    interests of the United States;
        (2) a full and complete justification for the waiver of the 
    conditions; and
        (3) a plan to promote a full and accurate disclosure by Russia 
    regarding the size, content, status, and location of its chemical 
    weapons stockpile.
    (b) Expiration.--The authority in subsection (a) shall expire on 
December 31, 2006, and no waiver shall remain in effect after that 
date.

SEC. 1304. 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 XIV--SUNKEN MILITARY CRAFT

Sec. 1401. Preservation of title to sunken military craft and associated 
          contents.
Sec. 1402. Prohibitions.
Sec. 1403. Permits.
Sec. 1404. Penalties.
Sec. 1405. Liability for damages.
Sec. 1406. Relationship to other laws.
Sec. 1407. Encouragement of agreements with foreign countries.
Sec. 1408. Definitions.

SEC. 1401. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND 
              ASSOCIATED CONTENTS.

    Right, title, and interest of the United States in and to any 
United States sunken military craft--
        (1) shall not be extinguished except by an express divestiture 
    of title by the United States; and
        (2) shall not be extinguished by the passage of time, 
    regardless of when the sunken military craft sank.

SEC. 1402. PROHIBITIONS.

    (a) Unauthorized Activities Directed at Sunken Military Craft.--No 
person shall engage in or attempt to engage in any activity directed at 
a sunken military craft that disturbs, removes, or injures any sunken 
military craft, except--
        (1) as authorized by a permit under this title;
        (2) as authorized by regulations issued under this title; or
        (3) as otherwise authorized by law.
    (b) Possession of Sunken Military Craft.--No person may possess, 
disturb, remove, or injure any sunken military craft in violation of--
        (1) this section; or
        (2) any prohibition, rule, regulation, ordinance, or permit 
    that applies under any other applicable law.
    (c) Limitations on Application.--
        (1) Actions by united states.--This section shall not apply to 
    actions taken by, or at the direction of, the United States.
        (2) Foreign persons.--This section shall not apply to any 
    action by a person who is not a citizen, national, or resident 
    alien of the United States, except in accordance with--
            (A) generally recognized principles of international law;
            (B) an agreement between the United States and the foreign 
        country of which the person is a citizen; or
            (C) in the case of an individual who is a crew member or 
        other individual on a foreign vessel or foreign aircraft, an 
        agreement between the United States and the flag State of the 
        foreign vessel or aircraft that applies to the individual.
        (3) Loan of sunken military craft.--This section does not 
    prohibit the loan of United States sunken military craft in 
    accordance with regulations issued by the Secretary concerned.

SEC. 1403. PERMITS.

    (a) In General.--The Secretary concerned may issue a permit 
authorizing a person to engage in an activity otherwise prohibited by 
section 1402 with respect to a United States sunken military craft, for 
archaeological, historical, or educational purposes, in accordance with 
regulations issued by such Secretary that implement this section.
    (b) Consistency With Other Laws.--The Secretary concerned shall 
require that any activity carried out under a permit issued by such 
Secretary under this section must be consistent with all requirements 
and restrictions that apply under any other provision of Federal law.
    (c) Consultation.--In carrying out this section (including the 
issuance after the date of the enactment of this Act of regulations 
implementing this section), the Secretary concerned shall consult with 
the head of each Federal agency having authority under Federal law with 
respect to activities directed at sunken military craft or the 
locations of such craft.
    (d) Application to Foreign Craft.--At the request of any foreign 
State, the Secretary of the Navy, in consultation with the Secretary of 
State, may carry out this section (including regulations promulgated 
pursuant to this section) with respect to any foreign sunken military 
craft of that foreign State located in United States waters.

SEC. 1404. PENALTIES.

    (a) In General.--Any person who violates this title, or any 
regulation or permit issued under this title, shall be liable to the 
United States for a civil penalty under this section.
    (b) Assessment and Amount.--The Secretary concerned may assess a 
civil penalty under this section, after notice and an opportunity for a 
hearing, of not more than $100,000 for each violation.
    (c) Continuing Violations.--Each day of a continued violation of 
this title or a regulation or permit issued under this title shall 
constitute a separate violation for purposes of this section.
    (d) In Rem Liability.--A vessel used to violate this title shall be 
liable in rem for a penalty under this section for such violation.
    (e) Other Relief.--If the Secretary concerned determines that there 
is an imminent risk of disturbance of, removal of, or injury to any 
sunken military craft, or that there has been actual disturbance of, 
removal of, or injury to a sunken military craft, the Attorney General, 
upon request of the Secretary concerned, may seek such relief as may be 
necessary to abate such risk or actual disturbance, removal, or injury 
and to return or restore the sunken military craft. The district courts 
of the United States shall have jurisdiction in such a case to order 
such relief as the public interest and the equities of the case may 
require.
    (f) Limitations.--An action to enforce a violation of section 1402 
or any regulation or permit issued under this title may not be brought 
more than 8 years after the date on which--
        (1) all facts material to the right of action are known or 
    should have been known by the Secretary concerned; and
        (2) the defendant is subject to the jurisdiction of the 
    appropriate district court of the United States or administrative 
    forum.

SEC. 1405. LIABILITY FOR DAMAGES.

    (a) In General.--Any person who engages in an activity in violation 
of section 1402 or any regulation or permit issued under this title 
that disturbs, removes, or injures any United States sunken military 
craft shall pay the United States enforcement costs and damages 
resulting from such disturbance, removal, or injury.
    (b) Included Damages.--Damages referred to in subsection (a) may 
include--
        (1) the reasonable costs incurred in storage, restoration, 
    care, maintenance, conservation, and curation of any sunken 
    military craft that is disturbed, removed, or injured in violation 
    of section 1402 or any regulation or permit issued under this 
    title; and
        (2) the cost of retrieving, from the site where the sunken 
    military craft was disturbed, removed, or injured, any information 
    of an archaeological, historical, or cultural nature.

SEC. 1406. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Except to the extent that an activity is 
undertaken as a subterfuge for activities prohibited by this title, 
nothing in this title is intended to affect--
        (1) any activity that is not directed at a sunken military 
    craft; or
        (2) the traditional high seas freedoms of navigation, 
    including--
            (A) the laying of submarine cables and pipelines;
            (B) operation of vessels;
            (C) fishing; or
            (D) other internationally lawful uses of the sea related to 
        such freedoms.
    (b) International Law.--This title and any regulations implementing 
this title shall be applied in accordance with generally recognized 
principles of international law and in accordance with the treaties, 
conventions, and other agreements to which the United States is a 
party.
    (c) Law of Finds.--The law of finds shall not apply to--
        (1) any United States sunken military craft, wherever located; 
    or
        (2) any foreign sunken military craft located in United States 
    waters.
    (d) Law of Salvage.--No salvage rights or awards shall be granted 
with respect to--
        (1) any United States sunken military craft without the express 
    permission of the United States; or
        (2) any foreign sunken military craft located in United States 
    waters without the express permission of the relevant foreign 
    state.
    (e) Law of Capture or Prize.--Nothing in this title is intended to 
alter the international law of capture or prize with respect to sunken 
military craft.
    (f) Limitation of Liability.--Nothing in sections 4281 through 4287 
and 4289 of the Revised Statutes (46 U.S.C. App. 181 et seq.) or 
section 3 of the Act of February 13, 1893 (chapter 105; 27 Stat. 445; 
46 U.S.C. App. 192), shall limit the liability of any person under this 
section.
    (g) Authorities of the Commandant of the Coast Guard.--Nothing in 
this title is intended to preclude or limit the application of any 
other law enforcement authorities of the Commandant of the Coast Guard.
    (h) Prior Delegations, Authorizations, and Related Regulations.--
Nothing in this title shall invalidate any prior delegation, 
authorization, or related regulation that is consistent with this 
title.
    (i) Criminal Law.--Nothing in this title is intended to prevent the 
United States from pursuing criminal sanctions for plundering of 
wrecks, larceny of Government property, or violation of any applicable 
criminal law.

SEC. 1407. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN COUNTRIES.

    The Secretary of State, in consultation with the Secretary of 
Defense, is encouraged to negotiate and conclude bilateral and 
multilateral agreements with foreign countries with regard to sunken 
military craft consistent with this title.

SEC. 1408. DEFINITIONS.

    In this title:
        (1) Associated contents.--The term ``associated contents'' 
    means--
            (A) the equipment, cargo, and contents of a sunken military 
        craft that are within its debris field; and
            (B) the remains and personal effects of the crew and 
        passengers of a sunken military craft that are within its 
        debris field.
        (2) Secretary concerned.--The term ``Secretary concerned'' 
    means--
            (A) subject to subparagraph (B), the Secretary of a 
        military department; and
            (B) in the case of a Coast Guard vessel, the Secretary of 
        the Department in which the Coast Guard is operating.
        (3) Sunken military craft.--The term ``sunken military craft'' 
    means all or any portion of--
            (A) any sunken warship, naval auxiliary, or other vessel 
        that was owned or operated by a government on military 
        noncommercial service when it sank;
            (B) any sunken military aircraft or military spacecraft 
        that was owned or operated by a government when it sank; and
            (C) the associated contents of a craft referred to in 
        subparagraph (A) or (B),
    if title thereto has not been abandoned or transferred by the 
    government concerned.
        (4) United states contiguous zone.--The term ``United States 
    contiguous zone'' means the contiguous zone of the United States 
    under Presidential Proclamation 7219, dated September 2, 1999.
        (5) United states internal waters.--The term ``United States 
    internal waters'' means all waters of the United States on the 
    landward side of the baseline from which the breadth of the United 
    States territorial sea is measured.
        (6) United states territorial sea.--The term ``United States 
    territorial sea'' means the waters of the United States territorial 
    sea under Presidential Proclamation 5928, dated December 27, 1988.
        (7) United states waters.--The term ``United States waters'' 
    means United States internal waters, the United States territorial 
    sea, and the United States contiguous zone.

  TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI 
                 FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Operation and maintenance.
Sec. 1506. Defense working capital funds.
Sec. 1507. Iraq Freedom Fund.
Sec. 1508. Defense health program.
Sec. 1509. Military personnel.
Sec. 1510. Treatment as additional authorizations.
Sec. 1511. Transfer authority.

SEC. 1501. PURPOSE.

    The purpose of this title is to authorize emergency appropriations 
for the Department of Defense for fiscal year 2005 to provide funds for 
additional costs due to Operation Iraqi Freedom and Operation Enduring 
Freedom. Funds in this title are available upon the enactment of this 
Act.

SEC. 1502. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2005 
for procurement accounts of the Army in amounts as follows:
        (1) For weapons and tracked combat vehicles, $50,000,000.
        (2) For ammunition, $110,000,000.
        (3) For other procurement, $755,000,000.
        (4) For National Guard and Reserve equipment, $50,000,000.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

    (a) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2005 for the procurement account for the Marine Corps 
in the amount of $150,000,000.
    (b) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2005 for the procurement account for 
ammunition for the Navy and the Marine Corps in the amount of 
$30,000,000.

SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2005 
for the procurement account for Defense-wide procurement in the amount 
of $50,000,000.

SEC. 1505. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2005 
for the use of the Armed Forces for expenses, not otherwise provided 
for, operation and maintenance, in amounts as follows:
        (1) For the Army, $13,550,000,000.
        (2) For the Navy, $367,000,000.
        (3) For the Marine Corps, $1,665,000,000.
        (4) For the Air Force, $419,000,000.
        (5) For Defense-wide, $404,000,000.

SEC. 1506. DEFENSE WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2005 
for Defense Working Capital Program in the amount of $1,478,000,000.

SEC. 1507. IRAQ FREEDOM FUND.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal year 2005 for the account of the Iraq Freedom Fund in amount of 
$3,892,000,000, to remain available for transfer to other accounts in 
this title until September 30, 2006. Amounts of authorization so 
transferred shall be merged with and be made available for the same 
purposes as the authorization to which transferred. Of the amounts 
provided in this section $1,800,000,000 shall only be used for 
classified programs.
    (b) Notice to Congress.--A transfer may be made from the Iraq 
Freedom Fund only after the Secretary of Defense notifies the 
congressional defense committees with respect to the proposed transfer 
in writing not less than five days before the transfer is made.

SEC. 1508. 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, the Defense Health Program, in the amount of $780,000,000, for 
Operation and Maintenance.

SEC. 1509. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated to the Department of 
Defense for military personnel accounts for fiscal year 2005 a total of 
$1,250,000,000.

SEC. 1510. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are in 
addition to amounts otherwise authorized to be appropriated by this 
Act.

SEC. 1511. TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--(1) Upon determination 
by the Secretary of Defense that such action is necessary in the 
national interest, the Secretary may transfer amounts of authorizations 
made available to the Department of Defense in this title for fiscal 
year 2005 between any such authorizations for that fiscal year (or any 
subdivisions thereof). Amounts of authorizations so transferred shall 
be merged with and be available for the same purposes as the 
authorization to which transferred.
    (2) The total amount of authorizations that the Secretary may 
transfer under the authority of this section may not exceed 
$1,500,000,000. The transfer authority provided in this section is in 
addition to any other transfer authority available to the Secretary of 
Defense.
    (b) Limitations.--The authority provided by this section to 
transfer authorizations--
        (1) may only be used to provide authority for items that have a 
    higher priority than the items from which authority is transferred;
        (2) may not be used to provide authority for an item that has 
    been denied authorization by Congress; and
        (3) may not be combined with the authority under section 1001.
    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount 
is transferred by an amount equal to the amount transferred.
    (d) Notice to Congress.--A transfer may be made under the authority 
of this section only after the Secretary of Defense--
        (1) consults with the chairmen and ranking members of the 
    congressional defense committees with respect to the proposed 
    transfer; and
        (2) after such consultation, notifies those committees in 
    writing of the proposed transfer not less than five days before the 
    transfer is made.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2005''.

                            TITLE XXI--ARMY

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

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                      State                                 Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Alabama.........................................  Anniston Army Depot.........................       $23,690,000
                                                  Fort Rucker.................................       $16,000,000
Alaska..........................................  Fort Richardson.............................       $24,300,000
                                                  Fort Wainwright.............................       $92,459,000
Arizona.........................................  Fort Huachuca...............................       $18,000,000
California......................................  Fort Irwin..................................       $38,100,000
                                                  Sierra Army Depot...........................       $12,600,000
Colorado........................................  Fort Carson.................................       $59,508,000
Florida.........................................  Camp Rudder.................................        $1,850,000
Georgia.........................................  Fort Benning................................       $71,777,000
                                                  Fort Gillem.................................        $5,800,000
                                                  Fort McPherson..............................        $4,900,000
                                                  Fort Stewart/Hunter Army Air Field..........       $65,495,000
Hawaii..........................................  Helemano Military Reservation...............       $75,300,000
                                                  Hickam Air Force Base.......................       $11,200,000
                                                  Schofield Barracks..........................      $249,792,000
Kansas..........................................  Fort Riley..................................       $59,550,000
Kentucky........................................  Fort Campbell...............................       $89,600,000
                                                  Fort Knox...................................       $75,750,000
Louisiana.......................................  Fort Polk...................................       $70,953,000
Maryland........................................  Aberdeen Proving Ground.....................       $13,000,000
                                                  Fort Detrick................................        $4,000,000
Missouri........................................  Fort Leonard Wood...........................       $31,850,000
New Jersey......................................  Picatinny Arsenal...........................        $9,900,000
New Mexico......................................  White Sands Missile Range...................       $33,000,000
New York........................................  Fort Drum...................................       $13,650,000
                                                  Fort Hamilton...............................        $7,600,000
                                                  Hancock Field...............................        $6,000,000
                                                  Military Entrance Processing Station,               $6,200,000
                                                   Buffalo....................................
                                                  United States Military Academy, West Point..       $60,000,000
North Carolina..................................  Fort Bragg..................................      $111,687,000
Oklahoma........................................  Fort Sill...................................       $17,800,000
Pennsylvania....................................  Letterkenny Depot...........................        $5,400,000
Texas...........................................  Fort Bliss..................................       $19,400,000
                                                  Fort Hood...................................       $85,188,000
                                                  Fort Sam Houston............................       $11,400,000
Virginia........................................  Fort A.P. Hill..............................       $10,775,000
                                                  Fort Lee....................................        $4,250,000
                                                  Fort Myer...................................       $49,526,000
Washington......................................  Fort Lewis..................................       $56,200,000
                                                                                               -----------------
                                                      Total...................................    $1,623,450,000
----------------------------------------------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Germany......................  Grafenwoehr..............     $77,200,000
Italy........................  Livorno..................     $26,000,000
Korea........................  Camp Humphreys...........     $12,000,000
                                                         ---------------
                                   Total................    $115,200,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, for the purposes, and in 
the amounts set forth in the following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................  Fort Richardson...........  92 Units..................     $42,000,000
                                          Fort Wainwright...........  246 Units.................    $124,000,000
Arizona.................................  Fort Huachuca.............  205 Units.................     $41,000,000
                                          Yuma Proving Ground.......  55 Units..................     $14,900,000
Kansas..................................  Fort Riley................  126 Units.................     $33,000,000
New Mexico..............................  White Sands Missile Range.  156 Units.................     $31,000,000
Oklahoma................................  Fort Sill.................  247 Units.................     $47,000,000
Virginia................................  Fort Lee..................  218 Units.................     $46,000,000
                                          Fort Monroe...............  68 Units..................     $16,000,000
                                                                                                 ---------------
                                              Total.................  ..........................    $394,900,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2104(a)(5)(A), the 
Secretary of the Army may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of family housing units in an amount not to 
exceed $29,209,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may improve existing 
military family housing units in an amount not to exceed $211,990,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 2004, 
for military construction, land acquisition, and military family 
housing functions of the Department of the Army in the total amount of 
$3,537,141,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by section 2101(a), $1,453,950,000.
        (2) For military construction projects outside the United 
    States authorized by section 2101(b), $115,200,000.
        (3) For unspecified minor military construction projects 
    authorized by section 2805 of title 10, United States Code, 
    $20,000,000.
        (4) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $151,335,000.
        (5) For military family housing functions:
            (A) For construction and acquisition, planning and design, 
        and improvement of military family housing and facilities, 
        $636,099,000.
            (B) For support of military family housing (including the 
        functions described in section 2833 of title 10, United States 
        Code), $926,507,000.
        (6) For the construction of phase 2 of a barracks complex, 5th 
    & 16th Street, at Fort Stewart/Hunter Army Air Field, Georgia, 
    authorized by section 2101(a) of the Military Construction 
    Authorization Act for Fiscal Year 2004 (division B of Public Law 
    108-136; 117 Stat. 1697), $32,950,000.
        (7) For the construction of phase 3 of a barracks complex 
    renewal, Capron Road, at Schofield Barracks, Hawaii, authorized by 
    section 2101(a) of the Military Construction Authorization Act for 
    Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 
    1283), as amended by section 2105 of the Military Construction 
    Authorization Act for Fiscal Year 2004 (division B of Public Law 
    108-136; 117 Stat. 1697), $48,000,000.
        (8) For the construction of phase 2 of the Lewis & Clark 
    instructional facility at Fort Leavenworth, Kansas, authorized by 
    section 2101(a) of the Military Construction Authorization Act for 
    Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 
    2681), $44,000,000.
        (9) For the construction of phase 2 of a barracks complex at 
    Wheeler Sack Army Air Field at Fort Drum, New York, authorized by 
    section 2101(a) of the Military Construction Authorization Act for 
    Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 
    1697), $48,000,000.
        (10) For the construction of phase 2 of a barracks complex, 
    Bastogne Drive, Fort Bragg, North Carolina, authorized by section 
    2101(a) of the Military Construction Authorization Act for Fiscal 
    Year 2004 (division B of Public Law 108-136; 117 Stat. 1697), 
    $48,000,000.
        (11) For the construction of phase 3 of a maintenance complex 
    at Fort Sill, Oklahoma, authorized by section 2101(a) of the 
    Military Construction Authorization Act for Fiscal Year 2003 
    (division B of Public Law 107-314; 116 Stat. 2681), $13,100,000.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2101 of this 
Act may not exceed the sum of the following:
        (1) The total amount authorized to be appropriated under 
    paragraphs (1) and (2) of subsection (a).
        (2) $41,000,000 (the balance of the amount authorized under 
    section 2101(a) to upgrade Drum Road, Helemano Military 
    Reservation, Hawaii).
        (3) $25,000,000 (the balance of the amount authorized under 
    section 2101(a) for construction of a vehicle maintenance facility, 
    Schofield Barracks, Hawaii).
        (4) $25,000,000 (the balance of the amount authorized under 
    section 2101(a) for construction of a barracks complex, Fort 
    Campbell, Kentucky).
        (5) $22,000,000 (the balance of the amount authorized under 
    section 2101(a) for construction of trainee barracks, Basic 
    Training Complex 1, Fort Knox, Kentucky).
        (6) $25,500,000 (the balance of the amount authorized under 
    section 2101(a) for construction of a library and learning 
    facility, United States Military Academy, West Point, New York).
        (7) $31,000,000 (the balance of the amount authorized under 
    section 2101(a) for a barracks complex renewal project, Fort Bragg, 
    North Carolina).
    (c) Adjustment.--The total amount authorized to be appropriated 
pursuant to paragraphs (1) through (11) of subsection (a) is the sum of 
the amounts authorized to be appropriated in such paragraphs, reduced 
by $5,550,000, which represents prior year savings.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2004 PROJECTS.

    (a) Modification of Inside the United States Projects.--The table 
in section 2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1697) is 
amended--
        (1) in the item relating to Fort Stewart/Hunter Army Air Field, 
    Georgia, by striking ``$113,500,000'' in the amount column and 
    inserting ``$114,450,000'';
        (2) in the item relating to Fort Drum, New York, by striking 
    ``$130,700,000'' in the amount column and inserting 
    ``$135,700,000''; and
        (3) by striking the amount identified as the total in the 
    amount column and inserting ``$1,043,150,000''.
    (b) Conforming Amendments.--Section 2104(b) of that Act (117 Stat. 
1700) is amended--
        (1) in paragraph (2), by striking ``$32,000,000'' and inserting 
    ``$32,950,000''; and
        (2) in paragraph (4), by striking ``$43,000,000'' and inserting 
    ``$48,000,000''.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2003 PROJECT.

    (a) Modification of Inside the United States Project.--The table in 
section 2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2681), as 
amended by section 2105(a) of the Military Construction Authorization 
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 
1700), is further amended--
        (1) in the item relating to Fort Sill, Oklahoma, by striking 
    ``$39,652,000'' in the amount column and inserting ``$40,752,000''; 
    and
        (2) by striking the amount identified as the total in the 
    amount column and inserting ``$1,157,267,000''.
    (b) Conforming Amendment.--Section 2104(b)(6) of the Military 
Construction Authorization Act for Fiscal Year 2003 (division B of 
Public Law 107-314; 116 Stat. 2684) is amended by striking 
``$25,000,000'' and inserting ``$26,100,000''.

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                     Navy: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Arizona......................  Marine Corps Air Station,     $26,670,000
                                Yuma.
California...................  Marine Corps Air-Ground       $15,700,000
                                Task Force Training
                                Center, Twentynine Palms
                               Marine Corps Air Station,     $11,540,000
                                Camp Pendleton..........
                               Marine Corps Base, Camp       $26,915,000
                                Pendleton...............
                               Marine Corps Logistics         $4,930,000
                                Base, Barstow...........
                               Naval Air Facility, El        $54,331,000
                                Centro..................
                               Naval Air Station, North      $10,180,000
                                Island..................
                               Naval Surface Warfare          $9,850,000
                                Center, Division Corona.
                               Recruit Depot San Diego..      $8,110,000
Connecticut..................  Naval Submarine Base, New     $50,302,000
                                London..................
District of Columbia.........  Naval Observatory,             $3,239,000
                                Washington..............
Florida......................  Eglin Air Force Base.....      $2,060,000
                               Naval Station, Mayport...      $6,200,000
Georgia......................  Strategic Weapons             $16,000,000
                                Facility Atlantic, Kings
                                Bay.....................
Hawaii.......................  Naval Shipyard, Pearl          $5,100,000
                                Harbor..................
Illinois.....................  Naval Training Center,        $74,781,000
                                Great Lakes.............
Indiana......................  Naval Surface Warfare         $12,600,000
                                Center, Crane...........
Maine........................  Naval Air Station,             $6,220,000
                                Brunswick...............
Maryland.....................  Naval Surface Warfare         $23,000,000
                                Center, Indian Head.....
North Carolina...............  Marine Corps Air Station,     $35,140,000
                                New River...............
                               Marine Corps Base, Camp       $11,030,000
                                Lejeune.................
                               Navy Outlying Landing        $136,900,000
                                Field, Washington County
Nevada.......................  Naval Air Station, Fallon      $4,980,000
Rhode Island.................  Naval Air Station,             $5,490,000
                                Newport.................
South Carolina...............  Marine Corps Air Station,      $5,480,000
                                Beaufort................
                               Naval Weapons Station,        $12,209,000
                                Charleston..............
Virginia.....................  Camp Elmore Marine Corps      $13,500,000
                                Detachment..............
                               Marine Corps Air              $73,838,000
                                Facility, Quantico......
                               Marine Corps Combat           $25,090,000
                                Development Command,
                                Quantico................
                               Naval Air Station, Oceana      $2,770,000
                               Naval Amphibious Base,         $9,220,000
                                Little Creek............
                               Naval Station, Norfolk...      $4,330,000
                               Naval Weapons Station,         $9,870,000
                                Yorktown................
Washington...................  Naval Air Station,             $1,990,000
                                Whidbey Island..........
                               Naval Shipyard, Puget         $20,305,000
                                Sound...................
                               Naval Station, Bremerton.     $74,125,000
                               Strategic Weapons            $138,060,000
                                Facility Pacific, Bangor
                                                         ---------------
                                   Total................    $952,055,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(2), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                     Navy: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Diego Garcia.................  Naval Support Facility,       $17,500,000
                                Diego Garcia............
Guam.........................  Naval Public Works            $20,700,000
                                Center, Guam............
                               Naval Station, Guam......     $12,500,000
Italy........................  Sigonella................     $22,550,000
Spain........................  Naval Station, Rota......     $32,700,000
                                                         ---------------
                                   Total................    $105,950,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(3), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for unspecified installations or locations in the 
amount set forth in the following table:

                       Navy: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or Location      Amount
------------------------------------------------------------------------
                               Unspecified Worldwide....    $105,982,000
                                                         ---------------
                                   Total................    $105,982,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2204(a)(6)(A), the Secretary of the Navy may 
construct or acquire family housing units (including land acquisition 
and supporting facilities) at the installation, for the purpose, and in 
the amount set forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                          Installation                   Purpose               Amount
----------------------------------------------------------------------------------------------------------------
North Carolina..........................  Marine Corps Air Station,   198 Units.................     $27,002,000
                                           Cherry Point.............
                                                                                                 ---------------
                                              Total.................  ..........................     $27,002,000
----------------------------------------------------------------------------------------------------------------

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2204(a)(6)(A), the Secretary of the Navy may improve existing 
military family housing units in an amount not to exceed $112,105,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 2004, 
for military construction, land acquisition, and military family 
housing functions of the Department of the Navy in the total amount of 
$1,897,245,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by section 2201(a), $712,927,000.
        (2) For military construction projects outside the United 
    States authorized by section 2201(b), $94,950,000.
        (3) For the military construction projects at unspecified 
    worldwide locations authorized by section 2201(c), $40,000,000.
        (4) For unspecified minor military construction projects 
    authorized by section 2805 of title 10, United States Code, 
    $12,000,000.
        (5) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $87,067,000.
        (6) For military family housing functions:
            (A) For construction and acquisition, planning and design, 
        and improvement of military family housing and facilities, 
        $139,107,000.
            (B) For support of military family housing (including 
        functions described in section 2833 of title 10, United States 
        Code), $696,304,000.
        (7) For the construction of increment 2 of the tertiary sewage 
    treatment plant at Marine Corps Base, Camp Pendleton, California, 
    authorized by section 2201(a) of the Military Construction 
    Authorization Act for Fiscal Year 2004 (division B of Public Law 
    108-136; 117 Stat. 1703), $25,690,000.
        (8) For the construction of increment 2 of the general purpose 
    berthing pier at Naval Weapons Station, Earle, New Jersey, 
    authorized by section 2201(a) of the Military Construction 
    Authorization Act for Fiscal Year 2004 (division B of Public Law 
    108-136; 117 Stat. 1704), $49,200,000.
        (9) For the construction of increment 2 of pier 11 replacement 
    at Naval Station, Norfolk, Virginia, authorized by section 2201(a) 
    of the Military Construction Authorization Act for Fiscal Year 2004 
    (division B of Public Law 108-136; 117 Stat. 1704), $40,000,000.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2201 of this 
Act may not exceed the sum of the following:
        (1) The total amount authorized to be appropriated under 
    paragraphs (1), (2), and (3) of subsection (a).
        (2) $21,000,000 (the balance of the amount authorized under 
    section 2201(a) for apron and hangar recapitalization, Naval Air 
    Facility, El Centro, California).
        (3) $116,750,000 (the balance of the amount authorized under 
    section 2201(a) for land acquisition for an outlying landing field 
    in Washington County, North Carolina).
        (4) $34,098,000 (the balance of the amount authorized under 
    section 2201(a) for construction of a White Side complex, Marine 
    Corps Air Facility, Quantico, Virginia).
        (5) $40,000,000 (the balance of the amount authorized under 
    section 2201(a) for construction of bachelor enlisted quarters, 
    Naval Station, Bremerton, Washington).
        (6) $95,320,000 (the balance of the amount authorized under 
    section 2201(a) for construction of a limited area processing and 
    storage complex, Strategic Weapons Facility Pacific, Bangor, 
    Washington).
        (7) $65,982,000 (the balance of the amount authorized under 
    section 2201(c) for construction of a presidential helicopter 
    programs support facility at an unspecified location).
    (c) Adjustment.--The total amount authorized to be appropriated 
pursuant to paragraphs (1) through (9) of subsection (a) is the sum of 
the amounts authorized to be appropriated in such paragraphs, reduced 
by $5,549,000, which represents prior year savings.

                         TITLE XXIII--AIR FORCE

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

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(a)(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table:

                   Air Force: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Alaska.......................  Elmendorf Air Force Base.     $52,057,000
Arizona......................  Davis-Monthan Air Force       $17,029,000
                                Base.
                               Luke Air Force Base......     $17,900,000
Arkansas.....................  Little Rock Air Force          $8,931,000
                                Base.
California...................  Beale Air Force Base.....     $10,186,000
                               Edwards Air Force Base...      $9,965,000
                               Travis Air Force Base....     $18,894,000
Colorado.....................  Buckley Air Force Base...     $12,247,000
Delaware.....................  Dover Air Force Base.....      $9,500,000
Florida......................  Tyndall Air Force Base...     $27,614,000
                               Patrick Air Force Base...      $8,800,000
Georgia......................  Moody Air Force Base.....      $9,600,000
                               Robins Air Force Base....     $21,900,000
Hawaii.......................  Hickam Air Force Base....     $30,900,000
                               Maui Site................      $7,500,000
Louisiana....................  Barksdale Air Force Base.     $13,800,000
Maryland.....................  Andrews Air Force Base...     $17,100,000
Mississippi..................  Columbus Air Force Base..      $7,700,000
Missouri.....................  Whiteman Air Force Base..      $7,600,000
Montana......................  Malmstrom Air Force Base.      $5,600,000
Nebraska.....................  Offutt Air Force Base....      $6,221,000
New Mexico...................  Cannon Air Force Base....      $9,500,000
                               Kirtland Air Force Base..      $9,200,000
North Carolina...............  Pope Air Force Base......     $15,150,000
North Dakota.................  Minot Air Force Base.....      $8,900,000
Ohio.........................  Wright-Patterson Air           $9,904,000
                                Force Base.
Oklahoma.....................  Altus Air Force Base.....      $7,000,000
                               Tinker Air Force Base....      $8,000,000
South Carolina...............  Shaw Air Force Base......      $7,000,000
South Dakota.................  Ellsworth Air Force Base.      $9,867,000
Tennessee....................  Arnold Air Force Base....     $24,500,000
Texas........................  Dyess Air Force Base.....     $14,300,000
                               Lackland Air Force Base..      $2,596,000
                               Laughlin Air Force Base..      $6,900,000
                               Sheppard Air Force Base..     $50,284,000
Utah.........................  Hill Air Force Base......     $25,713,000
Wyoming......................  F.E. Warren Air Force          $5,500,000
                                Base.
                                                         ---------------
                                   Total................    $535,358,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(a)(2), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table:

                  Air Force: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Germany......................  Ramstein Air Base........     $25,404,000
Greenland....................  Thule Air Base...........     $19,800,000
Guam.........................  Andersen Air Force Base..     $19,593,000
Italy........................  Aviano Air Base..........      $6,760,000
Korea........................  Kunsan Air Base..........     $37,100,000
                               Osan Air Base............     $18,600,000
Portugal.....................  Lajes Field, Azores......      $5,689,000
Spain........................  Naval Station, Rota......     $14,153,000
United Kingdom...............  Royal Air Force                $5,500,000
                                Lakenheath.
                                                         ---------------
                                   Total................    $152,599,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2304(a)(3), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the unspecified installations or 
locations, and in the amounts, set forth in the following table:

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or Location      Amount
------------------------------------------------------------------------
                               Classified Locations.....     $26,121,000
                               Unspecified Worldwide....     $28,090,000
                                                         ---------------
                                   Total................     $54,211,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, for the purposes, and in 
the amounts set forth in the following table:

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
Arizona.................................  Davis-Monthan Air Force     250 Units.................     $48,500,000
                                           Base.....................
California..............................  Edwards Air Force Base....  218 Units.................     $41,202,000
                                          Vandenberg Air Force Base.  120 Units.................     $30,906,000
Florida.................................  MacDill Air Force Base....  61 Units..................     $21,723,000
                                          MacDill Air Force Base....  Housing Maintenance             $1,250,000
                                                                       Facility.................
Idaho...................................  Mountain Home Air Force     147 Units.................     $39,333,000
                                           Base.....................
Mississippi.............................  Columbus Air Force Base...  Housing Management                $711,000
                                                                       Facility.................
Missouri................................  Whiteman Air Force Base...  160 Units.................     $37,087,000
Montana.................................  Malmstrom Air Force Base..  115 Units.................     $29,910,000
North Carolina..........................  Seymour Johnson Air Force   167 Units.................     $32,693,000
                                           Base.....................
North Dakota............................  Grand Forks Air Force Base  90 Units..................     $26,169,000
                                          Minot Air Force Base......  142 Units.................     $37,087,000
South Carolina..........................  Charleston Air Force Base.  Fire Station..............      $1,976,000
South Dakota............................  Ellsworth Air Force Base..  75 Units..................     $21,482,000
Texas...................................  Dyess Air Force Base......  127 Units.................     $28,664,000
                                          Goodfellow Air Force Base.  127 Units.................     $20,604,000
Germany.................................  Ramstein Air Base.........  144 Units.................     $57,691,000
Italy...................................  Aviano Air Base...........  Housing Office............      $2,542,000
Korea...................................  Osan Air Base.............  117 Units.................     $46,834,000
United Kingdom..........................  Royal Air Force Lakenheath  154 Units.................     $43,976,000
                                                                                                 ---------------
                                              Total.................  ..........................    $570,340,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2304(a)(6)(A), the 
Secretary of the Air Force may carry out architectural and engineering 
services and construction design activities with respect to the 
construction or improvement of military family housing units in an 
amount not to exceed $38,266,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(a)(6)(A), the Secretary of the Air Force may improve 
existing military family housing units in an amount not to exceed 
$238,353,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 2004, 
for military construction, land acquisition, and military family 
housing functions of the Department of the Air Force in the total 
amount of $2,559,768,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by section 2301(a), $525,358,000.
        (2) For military construction projects outside the United 
    States authorized by section 2301(b), $142,771,000.
        (3) For military construction projects at unspecified worldwide 
    locations authorized by section 2301(c), $54,211,000.
        (4) For unspecified minor military construction projects 
    authorized by section 2805 of title 10, United States Code, 
    $13,000,000.
        (5) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $124,085,000.
        (6) For military family housing functions:
            (A) For construction and acquisition, planning and design, 
        and improvement of military family housing and facilities, 
        $846,959,000.
            (B) For support of military family housing (including 
        functions described in section 2833 of title 10, United States 
        Code), $853,384,000.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2301 of this 
Act may not exceed the sum of the following:
        (1) The total amount authorized to be appropriated under 
    paragraphs (1), (2), and (3) of subsection (a).
        (2) $10,000,000 (the balance of the amount authorized under 
    section 2301(a) for construction of a hanger for an aircraft 
    maintenance unit, Tyndall Air Force Base, Florida).
    (c) Adjustment.--The total amount authorized to be appropriated 
pursuant to paragraphs (1) through (6) of subsection (a) is the sum of 
the amounts authorized to be appropriated in such paragraphs, reduced 
by $5,550,000, which represents prior year savings.

                      TITLE XXIV--DEFENSE AGENCIES

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

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2404(a)(1), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

               Defense Agencies: Inside the United States
------------------------------------------------------------------------
            Agency              Installation or Location      Amount
------------------------------------------------------------------------
Defense Intelligence Agency..  Bolling Air Force Base,        $6,000,000
                                District of Columbia....
Defense Logistics Agency.....  Defense Distribution          $22,300,000
                                Depot, New Cumberland,
                                Pennsylvania............
                               Defense Distribution          $10,100,000
                                Depot, Richmond,
                                Virginia................
                               Defense Fuel Support           $3,589,000
                                Point, Naval Air
                                Station, Oceana,
                                Virginia................
                               Marina Corps Air Station,     $22,700,000
                                Cherry Point, North
                                Carolina................
                               Naval Air Station,             $3,900,000
                                Kingsville, Texas.......
                               Naval Station, Pearl           $3,500,000
                                Harbor, Hawaii..........
                               Tinker Air Force Base,         $5,400,000
                                Oklahoma................
                               Travis Air Force Base,        $15,100,000
                                California..............
Missile Defense Agency.......  Redstone Arsenal, Alabama     $19,560,000
National Security Agency.....  Fort Meade, Maryland.....     $15,007,000
Special Operations Command...  Corona, California.......     $13,600,000
                               Fleet Combat Training          $5,700,000
                                Center, Dam Neck,
                                Virginia................
                               Fort A.P. Hill, Virginia.      $1,500,000
                               Fort Bragg, North             $42,888,000
                                Carolina................
                               Fort Campbell, Kentucky..      $3,500,000
                               Fort Stewart/Hunter Army      $17,600,000
                                Air Field, Georgia......
                               Hurlburt Field, Florida..      $2,500,000
                               Naval Amphibious Base,        $33,200,000
                                Little Creek, Virginia..
                               Niland, California.......      $1,000,000
TRICARE Management Activity..  Buckley Air Force Base,        $2,100,000
                                Colorado................
                               Defense Language               $6,700,000
                                Institute, Presidio,
                                Monterey................
                               Fort Belvoir, Virginia...    $100,000,000
                               Fort Benning, Georgia....      $7,100,000
                               Langley Air Force Base,       $50,800,000
                                Virginia................
                               Marine Corps Recruit          $25,000,000
                                Depot, Parris Island,
                                South Carolina..........
                               Naval Air Station,            $28,438,000
                                Jacksonville, Florida...
                                                         ---------------
                                   Total................    $468,782,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2404(a)(2), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

               Defense Agencies: Outside the United States
------------------------------------------------------------------------
            Agency              Installation or Location      Amount
------------------------------------------------------------------------
Defense Education Activity...  Grafenwoehr, Germany.....     $36,247,000
                               Naval Station, Guam......     $26,964,000
                               Vilseck, Germany.........      $9,011,000
Defense Logistics Agency.....  Defense Fuel Support          $19,113,000
                                Point, Lajes Field,
                                Portugal................
Special Operations Command...  Naval Station, Guam,           $2,200,000
                                Mariana Islands.........
TRICARE Management Activity..  Diego Garcia.............      $3,800,000
                               Grafenwoehr, Germany.....     $13,000,000
                                                         ---------------
                                   Total................    $110,335,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2404(a)(3), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations or locations, and in the 
amounts, set forth in the following table:

                 Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or Location      Amount
------------------------------------------------------------------------
Special Operations Command...  Classified Locations.....      $7,400,000
                               Unspecified Worldwide....      $2,900,000
                                                         ---------------
                                   Total................     $10,300,000
------------------------------------------------------------------------

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2404(a)(9)(A), the Secretary of Defense may improve existing 
military family housing units in an amount not to exceed $49,000.

SEC. 2403. ENERGY CONSERVATION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2404(a)(7), the Secretary of Defense may 
carry out energy conservation projects under section 2865 of title 10, 
United States Code, in the amount of $50,000,000.

SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for military 
construction, land acquisition, and military family housing functions 
of the Department of Defense (other than the military departments) in 
the total amount of $1,055,663,000, as follows:
        (1) For military construction projects inside the United States 
    authorized by section 2401(a), $411,782,000.
        (2) For military construction projects outside the United 
    States authorized by section 2401(b), $110,335,000.
        (3) For the military construction projects at unspecified 
    worldwide locations authorized by section 2401(c), $10,300,000.
        (4) For unspecified minor military construction projects under 
    section 2805 of title 10, United States Code, $20,938,000.
        (5) For contingency construction projects of the Secretary of 
    Defense under section 2804 of title 10, United States Code, 
    $10,000,000.
        (6) For architectural and engineering services and construction 
    design under section 2807 of title 10, United States Code, 
    $62,182,000.
        (7) For energy conservation projects authorized by section 2403 
    of this Act, $50,000,000.
        (8) For base closure and realignment activities as authorized 
    by the Defense Base Closure and Realignment Act of 1990 (part A of 
    title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), 
    $246,116,000.
        (9) For military family housing functions:
            (A) For improvement of military family housing and 
        facilities, $49,000.
            (B) For support of military family housing (including 
        functions described in section 2833 of title 10, United States 
        Code), $49,575,000.
            (C) For credit to the Department of Defense Family Housing 
        Improvement Fund established by section 2883(a)(1) of title 10, 
        United States Code, $2,500,000.
        (10) For the construction of phase 6 of an ammunition 
    demilitarization facility at Pueblo Depot Activity, Colorado, 
    authorized by section 2401(a) of the Military Construction 
    Authorization Act for Fiscal Year 1997 (division B of Public Law 
    104-201; 110 Stat. 2775), as amended by section 2406 of the 
    Military Construction Authorization Act for Fiscal Year 2000 
    (division B of Public Law 106-65; 113 Stat. 839) and section 2407 
    of the Military Construction Authorization Act for Fiscal Year 2003 
    (division B of Public Law 107-314; 116 Stat. 2698), $44,792,000.
        (11) For the construction of phase 5 of an ammunition 
    demilitarization facility at Blue Grass Army Depot, Kentucky, 
    authorized by section 2401(a) of the Military Construction 
    Authorization Act for Fiscal Year 2000 (division B of Public Law 
    106-65; 113 Stat. 835), as amended by section 2405 of the Military 
    Construction Authorization Act of 2002 (division B of Public Law 
    107-107; 115 Stat. 1298) and section 2405 of the Military 
    Construction Authorization Act for Fiscal Year 2003 (division B of 
    Public Law 107-314; 116 Stat. 2698), $37,094,000.
    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2401 of this 
Act may not exceed the sum of the following:
        (1) The total amount authorized to be appropriated under 
    paragraphs (1), (2) and (3) of subsection (a).
        (2) $57,000,000 (the balance of the amount authorized under 
    section 2401(a) for hospital replacement, Fort Belvoir, Virginia).

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment program as provided in 
section 2806 of title 10, United States Code, in an amount not to 
exceed the sum of the amount authorized to be appropriated for this 
purpose in section 2502 and the amount collected from the North 
Atlantic Treaty Organization as a result of construction previously 
financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2004, for contributions by the Secretary 
of Defense under section 2806 of title 10, United States Code, for the 
share of the United States of the cost of projects for the North 
Atlantic Treaty Organization Security Investment program authorized by 
section 2501, in the amount of $160,800,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2004, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, under 
chapter 1803 of title 10, United States Code (including the cost of 
acquisition of land for those facilities), the following amounts:
        (1) For the Department of the Army--
            (A) for the Army National Guard of the United States, 
        $434,363,000; and
            (B) for the Army Reserve, $90,310,000.
        (2) For the Department of the Navy, for the Naval and Marine 
    Corps Reserve, $48,185,000.
        (3) For the Department of the Air Force--
            (A) for the Air National Guard of the United States, 
        $233,518,000; and
            (B) for the Air Force Reserve, $122,756,000.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
          specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002 
          projects.
Sec. 2703. Extension and renewal of authorizations of certain fiscal 
          year 2001 projects.

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
              SPECIFIED BY LAW.

    (a) Expiration of Authorizations After Three Years.--Except as 
provided in subsection (b), all authorizations contained in titles XXI 
through XXVI for military construction projects, land acquisition, 
family housing projects and facilities, and contributions to the North 
Atlantic Treaty Organization Security Investment program (and 
authorizations of appropriations therefor) shall expire on the later 
of--
        (1) October 1, 2007; or
        (2) the date of the enactment of an Act authorizing funds for 
    military construction for fiscal year 2008.
    (b) Exception.--Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
        (1) October 1, 2007; or
        (2) the date of the enactment of an Act authorizing funds for 
    fiscal year 2008 for military construction projects, land 
    acquisition, family housing projects and facilities, or 
    contributions to the North Atlantic Treaty Organization Security 
    Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division B of 
Public Law 107-107; 115 Stat. 1301), authorizations set forth in the 
tables in subsection (b), as provided in section 2101, 2302, or 2601 of 
that Act, shall remain in effect until October 1, 2005, or the date of 
the enactment of an Act authorizing funds for military construction for 
fiscal year 2006, whichever is later.
    (b) Tables.--The tables referred to in subsection (a) are as 
follows:

                                 Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................  Fort Wainwright...........  Power plant cooling tower.     $23,000,000
Hawaii..................................  Pohakuloa Training          Parker Ranch land               $1,500,000
                                           Facility.................   acquisition..............
----------------------------------------------------------------------------------------------------------------

                               Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Colorado................................  Buckley Air Force Base....  Family housing (55 Units).     $11,400,000
Louisiana...............................  Barksdale Air Force Base..  Family housing (56 Units).      $7,300,000
----------------------------------------------------------------------------------------------------------------

                          Army National Guard: Extension of 2002 Project Authorization
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Lancaster.................  Readiness Center..........      $4,530,000
----------------------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS OF CERTAIN FISCAL 
              YEAR 2001 PROJECTS.

    (a) Extension and Renewal.--Notwithstanding section 2701 of the 
Military Construction Authorization Act for Fiscal Year 2001 (division 
B of the Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
407)), authorizations set forth in the tables in subsection (b), as 
provided in section 2102 or 2401 of that Act and, in the case of the 
authorization set forth in the first table in subsection (b), extended 
by section 2702 of the Military Construction Authorization Act for 
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1716), 
shall remain in effect until October 1, 2005, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2006, whichever is later.
    (b) Tables.--The tables referred to in subsection (a) are as 
follows:

                                  Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
South Carolina..........................  Fort Jackson..............  Family housing (1 unit)...        $250,000
----------------------------------------------------------------------------------------------------------------

                             Defense Agencies: Renewal of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 Agency                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Defense Education Activity..............  Osan Air Base, Korea......  Osan Elementary School            $843,000
                                                                       addition.................
----------------------------------------------------------------------------------------------------------------

                    TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Modification of approval and notice requirements for facility 
          repair projects.
Sec. 2802. Reporting requirements regarding military family housing 
          requirements for general officers and flag officers.
Sec. 2803. Congressional notification of deviations from authorized cost 
          variations for military construction projects and military 
          family housing projects.
Sec. 2804. Assessment of vulnerability of military installations to 
          terrorist attack and annual report on military construction 
          requirements related to antiterrorism and force protection.
Sec. 2805. Repeal of limitations on use of alternative authority for 
          acquisition and improvement of military housing.
Sec. 2806. Additional reporting requirements relating to alternative 
          authority for acquisition and improvement of military housing.
Sec. 2807. Temporary authority to accelerate design efforts for military 
          construction projects carried out using design-build selection 
          procedures.
Sec. 2808. Notification thresholds and requirements for expenditures or 
          contributions for acquisition of facilities for reserve 
          components.
Sec. 2809. Authority to exchange reserve component facilities to acquire 
          replacement facilities.
Sec. 2810. One-year extension of temporary, limited authority to use 
          operation and maintenance funds for construction projects 
          outside the United States.
Sec. 2811. Consideration of combination of military medical treatment 
          facilities and health care facilities of Department of 
          Veterans Affairs.

         Subtitle B--Real Property and Facilities Administration

Sec. 2821. Reorganization of existing administrative provisions relating 
          to real property transactions.
Sec. 2822. Development of Heritage Center for the National Museum of the 
          United States Army.
Sec. 2823. Elimination of reversionary interests clouding United States 
          title to property used as Navy homeports.

                Subtitle C--Base Closure and Realignment

Sec. 2831. Establishment of specific deadline for submission of 
          revisions to force-structure plan and infrastructure 
          inventory.
Sec. 2832. Specification of final selection criteria for 2005 base 
          closure round.
Sec. 2833. Repeal of authority of Secretary of Defense to recommend that 
          installations be placed in inactive status.
Sec. 2834. Voting requirements for Defense Base Closure and Realignment 
          Commission to add to or otherwise expand closure and 
          realignment recommendations made by Secretary of Defense.

                      Subtitle D--Land Conveyances

                        Part I--Army Conveyances

Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee.
Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline, 
          Louisiana.
Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri.
Sec. 2845. Transfer of administrative jurisdiction, Defense Supply 
          Center, Columbus, Ohio.
Sec. 2846. Jurisdiction and utilization of former public domain lands, 
          Umatilla Chemical Depot, Oregon.
Sec. 2847. Modification of authority for land conveyance, equipment and 
          storage yard, Charleston, South Carolina.
Sec. 2848. Land conveyance, Fort Hood, Texas.
Sec. 2849. Land conveyance, local training area for Browning Army 
          Reserve Center, Utah.
Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia.
Sec. 2851. Land conveyance, Army National Guard Facility, Seattle, 
          Washington.
Sec. 2852. Modification of land exchange and consolidation, Fort Lewis, 
          Washington.

                        Part II--Navy Conveyances

Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida.
Sec. 2862. Land conveyance, Honolulu, Hawaii.
Sec. 2863. Land conveyance, Navy property, former Fort Sheridan, 
          Illinois.
Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2865. Modification of land acquisition authority, Perquimans 
          County, North Carolina.
Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South 
          Carolina.
Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia.

                     Part III--Air Force Conveyances

Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2872. Land conveyance, March Air Force Base, California.
Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York.

                       Part IV--Other Conveyances

Sec. 2881. Land exchange, Arlington County, Virginia.

                        Subtitle E--Other Matters

Sec. 2891. One-year resumption of Department of Defense Laboratory 
          Revitalization Demonstration Program.
Sec. 2892. Designation of Airmen Leadership School at Luke Air Force 
          Base, Arizona, in honor of John J. Rhodes, a former minority 
          leader of the House of Representatives.
Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and 
          Redevelopment Agency.
Sec. 2894. Report on establishment of mobilization station at Camp 
          Ripley National Guard Training Center, Little Falls, 
          Minnesota.
Sec. 2895. Report on feasibility of establishment of veterans memorial 
          at Marine Corps Air Station, El Toro, California.
Sec. 2896. Sense of Congress regarding effect of military housing 
          policies and force structure and basing changes on local 
          educational agencies.
Sec. 2897. Sense of Congress and study regarding memorial honoring non-
          United States citizens killed in the line of duty while 
          serving in the United States Armed Forces.

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

SEC. 2801. MODIFICATION OF APPROVAL AND NOTICE REQUIREMENTS FOR 
              FACILITY REPAIR PROJECTS.

    (a) Increase in Threshold for Approval Requirement.--Subsection (b) 
of section 2811 of title 10, United States Code, is amended by striking 
``$5,000,000'' and inserting ``$7,500,000''.
    (b) Decrease in Threshold for Congressional Notification.--
Subsection (d) of such section is amended by striking ``$10,000,000'' 
and inserting ``$7,500,000''.
    (c) Information Required in Cost Estimate for Multi-Year 
Projects.--Subsection (d)(1) of such section is amended by inserting 
before the semicolon the following: ``, including, in the case of a 
multi-year repair project to a single facility, the total cost of all 
phases of the project''.

SEC. 2802. REPORTING REQUIREMENTS REGARDING MILITARY FAMILY HOUSING 
              REQUIREMENTS FOR GENERAL OFFICERS AND FLAG OFFICERS.

    (a) Reports on Cost of General and Flag Officers Quarters.--Section 
2831 of title 10, United States Code, is amended by adding at the end 
the following new subsection:
    ``(e) Reports on Cost of General Officers and Flag Officers 
Quarters.--(1) As part of the budget materials submitted to Congress in 
connection with the submission of the budget for a fiscal year pursuant 
to section 1105 of title 31, the Secretary of Defense shall submit a 
report--
        ``(A) identifying each family housing unit used, or intended 
    for use, as quarters for a general officer or flag officer for 
    which the total operation, maintenance, and repair costs for the 
    unit are anticipated to exceed $35,000 in the next fiscal year; and
        ``(B) for each family housing unit so identified, specifying 
    the total of such anticipated operation, maintenance, and repair 
    costs for the unit.
    ``(2) Not later than 120 days after the end of each fiscal year, 
the Secretary of Defense shall submit to the congressional defense 
committees a report specifying, for each family housing unit used as 
quarters for a general officer or flag officer at any time during that 
fiscal year, the total expenditures for operation and maintenance, 
utilities, lease, and repairs of the unit during that fiscal year.''.
    (b) Notice and Wait Requirement.--Such section is further amended 
by inserting after subsection (e), as added by subsection (a), the 
following new subsection:
    ``(f) Notice and Wait Requirement.--(1) Except as provided in 
paragraphs (2) and (3), the Secretary concerned may not carry out a 
maintenance or repair project for a family housing unit used, or 
intended for use, as quarters for a general officer or flag officer if 
the project will or may result in the total operation, maintenance, and 
repair costs for the unit for the fiscal year to exceed $35,000, 
until--
        ``(A) the Secretary concerned submits to the congressional 
    defense committees, in writing, a justification of the need for the 
    maintenance or repair project and an estimate of the cost of the 
    project; and
        ``(B) a period of 21 days has expired following the date on 
    which the justification and estimate are received by the committees 
    or, if over sooner, a period of 14 days has expired following the 
    date on which a copy of the justification and estimate are provided 
    in an electronic medium pursuant to section 480 of this title.
    ``(2) The project justification and cost estimate required by 
paragraph (1)(A) may be submitted after the commencement of a 
maintenance or repair project for a family housing unit used, or 
intended for use, as quarters for a general officer or flag officer if 
the project is a necessary enviromental remediation project for the 
unit or is necessary for occupant safety or security, and the need for 
the project arose after the submission of the most recent report under 
subsection (e).
    ``(3) Paragraph (1) shall not apply in the case of a family housing 
unit used, or intended for use, as quarters for a general officer or 
flag officer if the unit was identified in the most recent report 
submitted under subsection (e) and the cost of the maintenance or 
repair project was included in the total of anticipated operation, 
maintenance, and repair costs for the unit specified in the report.''.
    (c) Report on Need for General and Flag Officers Quarters in 
National Capital Region.--Not later than March 30, 2005, the Secretary 
of Defense shall submit to the congressional defense committees a 
report containing an analysis of anticipated needs in the National 
Capital Region for family housing units for general officers and flag 
officers. In conducting the analysis, the Secretary shall consider the 
extent of available housing in the National Capital Region and the 
necessity of providing housing for general officers and flag officers 
in secure locations.
    (d) Report on Current World-Wide Inventory of General and Flag 
Officers Quarters.--Not later than March 30, 2005, the Secretary of 
Defense shall submit to the congressional defense committees a report--
        (1) containing a worldwide inventory of family housing units 
    used, or intended for use, for general officers and flag officers; 
    and
        (2) identifying annual expenditures for fiscal years 2002, 
    2003, and 2004 for operation and maintenance, utilities, leases, 
    and repairs of each unit.
    (e) Definitions.--In this section:
        (1) The terms ``general officer'' and ``flag officer'' have the 
    meanings given such terms in section 101(b) of title 10, United 
    States Code.
        (2) The term ``National Capital Region'' has the meaning given 
    such term in section 2674(f) of such title.

SEC. 2803. CONGRESSIONAL NOTIFICATION OF DEVIATIONS FROM AUTHORIZED 
              COST VARIATIONS FOR MILITARY CONSTRUCTION PROJECTS AND 
              MILITARY FAMILY HOUSING PROJECTS.

    Section 2853(c)(3) of title 10, United States Code, is amended by 
inserting before the period at the end the following: ``or, if over 
sooner, a period of 14 days has elapsed after the date on which a copy 
of the notification is provided in an electronic medium pursuant to 
section 480 of this title''.

SEC. 2804. ASSESSMENT OF VULNERABILITY OF MILITARY INSTALLATIONS TO 
              TERRORIST ATTACK AND ANNUAL REPORT ON MILITARY 
              CONSTRUCTION REQUIREMENTS RELATED TO ANTITERRORISM AND 
              FORCE PROTECTION.

    (a) Annual Assessment and Report.--(1) Chapter 169 of title 10, 
United States Code, is amended by inserting after section 2858 the 
following new section:

``Sec. 2859. Construction requirements related to antiterrorism and 
            force protection

    ``(a) Antiterrorism and Force Protection Guidance and Criteria.--
The Secretary of Defense shall develop common guidance and criteria to 
be used by each Secretary concerned--
        ``(1) to assess the vulnerability of military installations 
    located inside and outside of the United States to terrorist 
    attack;
        ``(2) to develop construction standards designed to reduce the 
    vulnerability of structures to terrorist attack and improve the 
    security of the occupants of such structures;
        ``(3) to prepare and carry out military construction projects, 
    such as gate and fenceline construction, to improve the physical 
    security of military installations; and
        ``(4) to assist in prioritizing such projects within the 
    military construction budget of each of the armed forces.
    ``(b) Vulnerability Assessments.--The Secretary of Defense shall 
require vulnerability assessments of military installations to be 
conducted, at regular intervals, using the criteria developed under 
subsection (a).
    ``(c) Military Construction Requirements.--As part of the budget 
materials submitted to Congress in connection with the submission of 
the budget for a fiscal year pursuant to section 1105 of title 31, but 
in no case later than March 15 of each year, the Secretary of Defense 
shall submit a report, in both classified and unclassified form, 
describing--
        ``(1) the location and results of the vulnerability assessments 
    conducted under subsection (b) during the most recently completed 
    fiscal year;
        ``(2) the military construction requirements anticipated to be 
    necessary during the period covered by the then-current future-
    years defense plan under section 221 of this title to improve the 
    physical security of military installations; and
        ``(3) the extent to which funds to meet those requirements are 
    not requested in the Department of Defense budget for the fiscal 
    year for which the budget is submitted.''.
    (2) The table of sections at the beginning of subchapter III of 
chapter 169 of such title is amended by inserting after the item 
relating to section 2858 the following new item:

``2859. Construction requirements related to antiterrorism and force 
          protection.''.

    (b) Special Requirement for 2006 Report.--In the case of the report 
required to be submitted in 2006 under section 2859(c) of title 10, 
United States Code, as added by subsection (a), the Secretary of 
Defense shall include a certification by the Secretary that since 
September 11, 2001, assessments regarding the vulnerability of military 
installations to terrorist attack have been undertaken for all major 
military installations. The Secretary shall indicate the basis by which 
the Secretary differentiated between major and nonmajor military 
installations for purposes of making the certification.

SEC. 2805. REPEAL OF LIMITATIONS ON USE OF ALTERNATIVE AUTHORITY FOR 
              ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.

    (a) Repeal of Budget Authority Limitation on Use of Authority.--
Section 2883 of title 10, United States Code, is amended by striking 
subsection (g).
    (b) Repeal of Termination Date on Use of Authority.--(1) Section 
2885 of such title is repealed.
    (2) The table of sections at the beginning of subchapter IV of 
chapter 169 of such title is amended by striking the item relating to 
section 2885.

SEC. 2806. ADDITIONAL REPORTING REQUIREMENTS RELATING TO ALTERNATIVE 
              AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY 
              HOUSING.

    (a) Project Reports.--Paragraph (2) of subsection (a) of section 
2884 of title 10, United States Code, is amended to read as follows:
    ``(2) For each proposed contract, conveyance, or lease described in 
paragraph (1), the report required by such paragraph shall include the 
following:
        ``(A) A description of the contract, conveyance, or lease, 
    including a summary of the terms of the contract, conveyance, or 
    lease.
        ``(B) A description of the authorities to be utilized in 
    entering into the contract, conveyance, or lease and the intended 
    method of participation of the United States in the contract, 
    conveyance, or lease, including a justification of the intended 
    method of participation.
        ``(C) A statement of the scored cost of the contract, 
    conveyance, or lease, as determined by the Office of Management and 
    Budget.
        ``(D) A statement of the United States funds required for the 
    contract, conveyance, or lease and a description of the source of 
    such funds.
        ``(E) An economic assessment of the life cycle costs of the 
    contract, conveyance, or lease, including an estimate of the amount 
    of United States funds that would be paid over the life of the 
    contract, conveyance, or lease from amounts derived from payments 
    of government allowances, including the basic allowance for housing 
    under section 403 of title 37, if the housing affected by the 
    project were fully occupied by military personnel over the life of 
    the contract, conveyance, or lease.''.
    (b) Annual Reports.--Subsection (b) of such section is amended--
        (1) by redesignating paragraph (5) as paragraph (6); and
        (2) by inserting after paragraph (4) the following new 
    paragraph (5):
        ``(5) A report setting forth, by armed force--
            ``(A) an estimate of the amounts of basic allowance for 
        housing under section 403 of title 37 that will be paid, during 
        the current fiscal year and the fiscal year for which the 
        budget is submitted, to members of the armed forces living in 
        housing provided under the authorities in this subchapter; and
            ``(B) the number of units of military family housing and 
        military unaccompanied housing upon which the estimate under 
        subparagraph (A) for the current fiscal year and the next 
        fiscal year is based.''.

SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DESIGN EFFORTS FOR 
              MILITARY CONSTRUCTION PROJECTS CARRIED OUT USING DESIGN-
              BUILD SELECTION PROCEDURES.

    Section 2305a of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) Special Authority for Military Construction Projects.--(1) 
The Secretary of a military department may use funds available to the 
Secretary under section 2807(a) or 18233(e) of this title to accelerate 
the design effort in connection with a military construction project 
for which the two-phase selection procedures described in subsection 
(c) are used to select the contractor for both the design and 
construction portion of the project before the project is specifically 
authorized by law and before funds are appropriated for the 
construction portion of the project. Notwithstanding the limitations 
contained in such sections, use of such funds for the design portion of 
a military construction project may continue despite the subsequent 
authorization of the project. The advance notice requirement of section 
2807(b) of this title shall continue to apply whenever the estimated 
cost of the design portion of the project exceeds the amount specified 
in such section.
    ``(2) Any military construction contract that provides for an 
accelerated design effort, as authorized by paragraph (1), shall 
include as a condition of the contract that the liability of the United 
States in a termination for convenience may not exceed the actual costs 
incurred as of the termination date.
    ``(3) For each fiscal year during which the authority provided by 
this subsection is in effect, the Secretary of a military department 
may select not more than two military construction projects to include 
the accelerated design effort authorized by paragraph (1) for each 
armed force under the jurisdiction of the Secretary. To be eligible for 
selection under this subsection, a request for the authorization of the 
project, and for the authorization of appropriations for the project, 
must have been included in the annual budget of the President for a 
fiscal year submitted to Congress under section 1105(a) of title 31.
    ``(4) Not later than March 1, 2007, the Secretary of Defense shall 
submit to the congressional defense committees a report evaluating the 
usefulness of the authority provided by this subsection in expediting 
the design and construction of military construction projects. The 
authority provided by this subsection expires September 30, 2007, 
except that, if the report required by this paragraph is not submitted 
by March 1, 2007, the authority shall expire on that date.''.

SEC. 2808. NOTIFICATION THRESHOLDS AND REQUIREMENTS FOR EXPENDITURES OR 
              CONTRIBUTIONS FOR ACQUISITION OF FACILITIES FOR RESERVE 
              COMPONENTS.

    (a) Authority To Carry Out Small Projects.--Section 18233a of title 
10, United States Code, is amended to read as follows:

``Sec. 18233a. Notice and wait requirements for certain projects

    ``(a) Congressional Notification.--Except as provided in subsection 
(b), an expenditure or contribution in an amount in excess of $750,000 
may not be made under section 18233 of this title for any facility 
until--
        ``(1) the Secretary of Defense has notified the congressional 
    defense committees of the location, nature, and estimated cost of 
    the facility; and
        ``(2) a period of 21 days has elapsed after the notification 
    has been received by those committees or, if over sooner, a period 
    of 14 days has elapsed after the date on which a copy of the 
    notification is provided in an electronic medium pursuant to 
    section 480 of this title.
    ``(b) Certain Expenditures or Contributions Exempted.--Subsection 
(a) does not apply to expenditures or contributions for the following:
        ``(1) Facilities acquired by lease.
        ``(2) A project for a facility that has been authorized by 
    Congress, if the location and purpose of the facility are the same 
    as when authorized and if, based upon bids received--
            ``(A) the scope of work of the project, as approved by 
        Congress, is not proposed to be reduced by more than 25 
        percent; and
            ``(B) the current working estimate of the cost of the 
        project does not exceed the amount approved for the project by 
        more than the lesser of the following:
                ``(i) 25 percent.
                ``(ii) 200 percent of the amount specified by section 
            2805(a)(2) of this title as the maximum amount for a minor 
            military construction project.
        ``(3) A repair project (as that term is defined in section 
    2811(e) of this title) that costs less than $7,500,000.''.
    (b) Recodification of Limited Authority to Use Operation and 
Maintenance Funds.--Chapter 1803 of such title is amended by inserting 
after section 18233a the following new section:

``Sec. 18233b. Authority to carry out small projects with operation and 
            maintenance funds

    ``Under such regulations as the Secretary of Defense may prescribe, 
the Secretary may expend, from appropriations available for operation 
and maintenance, amounts necessary to carry out any project authorized 
under section 18233(a) of this title that costs not more than--
        ``(1) the amount specified in section 2805(c)(1)(A) of this 
    title, in the case of a project intended solely to correct a 
    deficiency that is life-threatening, health-threatening, or safety-
    threatening; or
        ``(2) the amount specified in section 2805(c)(1)(B) of this 
    title, in the case of any other project.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 1803 of such title is amended by striking the item relating to 
section 18233a and inserting the following new items:

``18233a. Notice and wait requirements for certain projects.
``18233b. Authority to carry out small projects with operation and 
          maintenance funds.''.

SEC. 2809. AUTHORITY TO EXCHANGE RESERVE COMPONENT FACILITIES TO 
              ACQUIRE REPLACEMENT FACILITIES.

    (a) Exchange Authority.--(1) Chapter 1803 of title 10, United 
States Code, is amended by adding at the end the following new section:

``Sec. 18240. Acquisition of facilities by exchange

    ``(a) Exchange Authority.--In addition to the acquisition authority 
provided by section 18233 of this title, the Secretary of Defense may 
authorize the Secretary of a military department to acquire a facility, 
or addition to an existing facility, needed to satisfy military 
requirements for a reserve component by carrying out an exchange of an 
existing facility under the control of that Secretary through an 
agreement with a State, local government, local authority, or private 
entity.
    ``(b) Facilities Eligible for Exchange.--Only a facility of a 
reserve component that is not excess property (as defined in section 
102(3) of title 40) may be exchanged using the authority provided by 
this section.
    ``(c) Equal Value Exchange.--In any exchange carried out using the 
authority provided by this section, the value of the replacement 
facility, or addition to an existing facility, acquired by the United 
States shall be at least equal to the fair market value of the facility 
conveyed by the United States under the agreement. If the values are 
unequal, the values may not be equalized by any payment of cash 
consideration by either party to the agreement.
    ``(d) Requirements for Replacement Facilities.--The Secretary of a 
military department may not accept a replacement facility, or addition 
to an existing facility, to be acquired by the United States in an 
exchange carried out using the authority provided by this section until 
that Secretary determines that the facility or addition--
        ``(1) is complete and usable, fully functional, and ready for 
    occupancy;
        ``(2) satisfies all operational requirements; and
        ``(3) meets all applicable Federal, State, and local 
    requirements relating to health, safety, fire, and the environment.
    ``(e) Consultation Requirements.--The Secretary of a military 
department authorized to enter into an agreement under subsection (a) 
to convey an existing facility under the control of that Secretary by 
exchange shall consult with representatives of other reserve components 
to evaluate--
        ``(1) the value of using the facility to meet the military 
    requirements of another reserve component, instead of conveying the 
    facility under this section; and
        ``(2) the feasibility of using the conveyance of the facility 
    to acquire a facility, or an addition to an existing facility, that 
    would be jointly used by more than one reserve component or unit.
    ``(f) Advance Notice of Proposed Exchange.--(1) When a decision is 
made to enter into an agreement under subsection (a) to exchange a 
facility using the authority provided by this section, the Secretary of 
the military department authorized to enter into the agreement shall 
submit to the congressional defense committees a report on the proposed 
agreement. The report shall include the following:
        ``(A) A description of the agreement, including the terms and 
    conditions of the agreement, the parties to be involved in the 
    agreement, the origin of the proposal that lead to the agreement, 
    the intended use of the facility to be conveyed by the United 
    States under the agreement, and any costs to be incurred by the 
    United States to make the exchange under the agreement.
        ``(B) A description of the facility to be conveyed by the 
    United States under the agreement, including the current condition 
    and fair market value of the facility, and a description of the 
    method by which the fair market value of the facility was 
    determined.
        ``(C) Information on the facility, or addition to an existing 
    facility, to be acquired by the United States under the agreement 
    and the intended use of the facility or addition, which shall meet 
    requirements for information provided to Congress for military 
    construction projects to obtain a similar facility or addition to 
    an existing facility.
        ``(D) A certification that the Secretary complied with the 
    consultation requirements under subsection (e).
        ``(E) A certification that the conveyance of the facility under 
    the agreement is in the best interests of the United States and 
    that the Secretary used competitive procedures to the maximum 
    extent practicable to protect the interests of the United States.
    ``(2) The agreement described in a report prepared under paragraph 
(1) may be entered into, and the exchange covered by the agreement 
made, only after the end of the 30-day period beginning on the date the 
report is received by the congressional defense committees or, if 
earlier, the end of the 21-day period beginning on the date on which a 
copy of the report is provided in an electronic medium pursuant to 
section 480 of this title.
    ``(3) Section 2662 of this title shall not apply to an exchange 
carried out using the authority provided by this section.
    ``(g) Relation to Other Military Construction Requirements.--The 
acquisition of a facility, or an addition to an existing facility, 
using the authority provided by this section shall not be treated as a 
military construction project for which an authorization is required by 
section 2802 of this title.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``18240. Acquisition of facilities by exchange.''.

    (b) Conforming Amendment.--Section 18233(f)(2) of such title is 
amended by striking ``gift, exchange of Government-owned land, or 
otherwise'' and inserting ``or gift''.
    (c) Temporary Authority to Include Cash Equalization Payments in 
Exchange.--(1) Notwithstanding subsection (c) of section 18240 of title 
10, United States Code, as added by subsection (a), the Secretary of 
Defense may authorize the Secretary of a military department, as part 
of an exchange agreement under such section, to make or accept a cash 
equalization payment if the value of the facility, or addition to an 
existing facility, to be acquired by the United States under the 
agreement is not equal to the fair market value of the facility to be 
conveyed by the United States under the agreement. All other 
requirements of such section shall continue to apply to the exchange.
    (2) Cash equalization payments received by the Secretary of a 
military department under this subsection shall be deposited in a 
separate account in the Treasury. Amounts in the account shall be 
available to the Secretary of Defense, without further appropriation 
and until expended, for transfer to the Secretary of a military 
department--
        (A) to make any cash equalization payments required to be made 
    by the United States in connection with an exchange agreement 
    covered by this subsection, and the account shall be the only 
    source for such payments; and
        (B) to cover costs associated with the maintenance, protection, 
    alteration, repair, improvement, or restoration (including 
    environmental restoration) of facilities, and additions to existing 
    facilities, acquired using an exchange agreement covered by this 
    subsection.
    (3) Not more than 15 exchange agreements under section 18240 of 
title 10, United States Code, may include the exception for cash 
equalization payments authorized by this subsection. Of those 15 
exchange agreements, not more than eight may be for the same reserve 
component.
    (4) In this section, the term ``facility'' has the meaning given 
that term in section 18232(2) of title 10, United States Code.
    (5) No cash equalization payment may be made or accepted under the 
authority of this subsection after September 30, 2007. Except as 
otherwise specifically authorized by law, the authority provided by 
this subsection to make or accept cash equalization payments in 
connection with the acquisition or disposal of facilities of the 
reserve components is the sole authority available in law to the 
Secretary of Defense or the Secretary of a military department for that 
purpose.
    (6) Not later than March 1, 2008, the Secretary of Defense shall 
submit to the congressional defense committees a report on the exercise 
of the authority provided by this subsection. The report shall include 
the following:
        (A) A description of the exchange agreements under section 
    18240 of title 10, United States Code, that included the authority 
    to make or accept cash equalization payments.
        (B) A description of the analysis and criteria used to select 
    such agreements for inclusion of the authority to make or accept 
    cash equalization payments.
        (C) An assessment of the utility to the Department of Defense 
    of the authority, including recommendations for modifications of 
    such authority in order to enhance the utility of such authority 
    for the Department.
        (D) An assessment of interest in the future use of the 
    authority, in the event the authority is extended.
        (E) An assessment of the advisability of making the authority, 
    including any modifications of the authority recommended under 
    subparagraph (C), permanent.

SEC. 2810. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE 
              OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS 
              OUTSIDE THE UNITED STATES.

    Section 2808 of the Military Construction Authorization Act for 
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723) is 
amended--
        (1) in subsection (a), by inserting ``and, subject to 
    subsection (d)(2), fiscal year 2005'' after ``During fiscal year 
    2004'';
        (2) in subsection (c)(1), by striking ``in fiscal year 2004'' 
    and inserting ``in a fiscal year''; and
        (3) in subsection (d)--
            (A) by inserting ``(1)'' before ``Not later than'';
            (B) by striking ``fiscal year 2004,'' and inserting 
        ``fiscal years 2004 and 2005,''; and
            (C) by adding at the end the following new paragraph:
    ``(2) The ability to use this section as authority during fiscal 
year 2005 to obligate appropriated funds available for operation and 
maintenance to carry out construction projects outside the United 
States shall commence only after the date on which the Secretary of 
Defense submits to the congressional committees specified in subsection 
(f) all of the quarterly reports that were required under paragraph (1) 
for fiscal year 2004.''.

SEC. 2811. CONSIDERATION OF COMBINATION OF MILITARY MEDICAL TREATMENT 
              FACILITIES AND HEALTH CARE FACILITIES OF DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Department of Defense Consideration of Joint Construction.--
When considering any military construction project for the construction 
of a new military medical treatment facility in the United States or a 
territory or possession of the United States, the Secretary of Defense 
shall consult with the Secretary of Veterans Affairs regarding the 
feasibility of carrying out a joint project to construct a medical 
facility that--
        (1) could serve as a facility for health-resources sharing 
    between the Department of Defense and the Department of Veterans 
    Affairs; and
        (2) would be no more costly to each Department to construct and 
    operate than separate facilities for each Department.
    (b) Department of Veterans Affairs Consideration of Joint 
Construction.--When considering the construction of a new or 
replacement medical facility for the Department of Veterans Affairs, 
the Secretary of Veterans Affairs shall consult with the Secretary of 
Defense regarding the feasibility of carrying out a joint project to 
construct a medical facility that--
        (1) could serve as a facility for health-resources sharing 
    between the Department of Veterans Affairs and the Department of 
    Defense; and
        (2) would be no more costly to each Department to construct and 
    operate than separate facilities for each Department.

        Subtitle B--Real Property and Facilities Administration

SEC. 2821. REORGANIZATION OF EXISTING ADMINISTRATIVE PROVISIONS 
              RELATING TO REAL PROPERTY TRANSACTIONS.

    (a) Limitation on Commissions.--(1) Section 2661 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(c) Commissions on Land Purchase Contracts.--The maximum amount 
payable as a commission on a contract for the purchase of land from 
funds appropriated for the Department of Defense is two percent of the 
purchase price.''.
    (2) Section 2666 of such title is repealed.
    (b) Repeal of Obsolete Authority to Acquire Land for Timber 
Production.--Section 2664 of such title is repealed.
    (c) Consolidation of Certain Provisions on Use of Facilities.--(1) 
Section 2670 of such title is amended by adding at the end the 
following new subsection:
    ``(c) Use of Space and Equipment by Veterans Service 
Organizations.--(1) Upon certification to the Secretary concerned by 
the Secretary of Veterans Affairs, the Secretary concerned shall allow 
accredited, paid, full-time representatives of the organizations named 
in section 5902 of title 38, or of other organizations recognized by 
the Secretary of Veterans Affairs, to function on military 
installations under the jurisdiction of the Secretary concerned that 
are on land and from which persons are discharged or released from 
active duty.
    ``(2) The commanding officer of a military installation allowing 
representatives to function on the installation under paragraph (1) 
shall allow the representatives to use available space and equipment at 
the installation.
    ``(3) This subsection does not authorize the violation of measures 
of military security.''.
    (2) Section 2679 of such title is repealed.
    (3) The regulations prescribed to carry out section 2679 of title 
10, United States Code, as in effect on the day before the date of the 
enactment of this Act, shall remain in effect with regard to section 
2670(c) of such title, as added by paragraph (1), until changed by 
joint action of the Secretary concerned (as defined in section 101(9) 
of such title) and the Secretary of Veterans Affairs.
    (d) Availability of Funds for Acquisition of Certain Interests in 
Real Property.--(1) Section 2672 of such title is amended by adding at 
the end the following new subsection:
    ``(d) Availability of Funds.--Appropriations available to the 
Department of Defense for operation and maintenance or construction may 
be used for the acquisition of land or interests in land under this 
section.''.
    (2) Section 2673 of such title is repealed.
    (3) Section 2675 of such title is amended--
        (A) by inserting ``(a) Lease Authority; Duration.--'' before 
    ``The Secretary''; and
        (B) by adding at the end the following new subsection:
    ``(b) Availability of Funds.--Appropriations available to the 
Department of Defense for operation and maintenance or construction may 
be used for the acquisition of interests in land under this section.''.
    (e) Stylistic and Clerical Amendments.--(1) Section 2661 of such 
title is further amended--
        (A) in subsection (a), by inserting ``Availability of Operation 
    and Maintenance Funds.--'' after ``(a)''; and
        (B) in subsection (b), by inserting ``Leasing and Road 
    Maintenance Authority.--'' after ``(b)''.
    (2) The heading of section 2670 of such title is amended to read as 
follows:

``Sec. 2670. Use of facilities by private organizations; use as polling 
            places''.

    (3) The table of sections at the beginning of chapter 159 of such 
title is amended--
        (A) by striking the items relating to sections 2664, 2666, 
    2673, and 2679; and
        (B) by striking the item relating to section 2670 and inserting 
    the following new item:

``2670. Use of facilities by private organizations; use as polling 
          places.''.

SEC. 2822. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL MUSEUM OF 
              THE UNITED STATES ARMY.

    (a) Authority to Enter into Agreement for Development of Center.--
Chapter 449 of title 10, United States Code, is amended by inserting 
after section 4771 the following new section:

``Sec. 4772. Heritage Center for the National Museum of the United 
            States Army: development and operation

    ``(a) Agreement for Development of Center.--The Secretary of the 
Army may enter into an agreement with the Army Historical Foundation, a 
nonprofit organization, for the design, construction, and operation of 
a facility or group of facilities at Fort Belvoir, Virginia, for the 
National Museum of the United States Army. The facility or group of 
facilities constructed pursuant to the agreement shall be known as the 
Heritage Center for the National Museum of the United States Army (in 
this section referred to as the `Center').
    ``(b) Purpose of Center.--The Center shall be used for the 
identification, curation, storage, and public viewing of artifacts and 
artwork of significance to the United States Army, as agreed to by the 
Secretary of the Army. The Center may also be used to support such 
education, training, research, and associated purposes as the Secretary 
considers appropriate.
    ``(c) Design and Construction.--(1) The design of the Center shall 
be subject to the approval of the Secretary of the Army.
    ``(2) For each phase of the development of the Center, the 
Secretary may--
        ``(A) accept funds from the Army Historical Foundation for the 
    design and construction of such phase of the Center; or
        ``(B) permit the Army Historical Foundation to contract for the 
    design and construction of such phase of the Center.
    ``(d) Acceptance by Secretary.--Upon the satisfactory completion, 
as determined by the Secretary of the Army, of any phase of the Center, 
and upon the satisfaction of any financial obligations incident to such 
phase of the Center by the Army Historical Foundation, the Secretary 
shall accept such phase of the Center from the Army Historical 
Foundation, and all right, title, and interest in and to such phase of 
the Center shall vest in the United States. Upon becoming the property 
of the United States, the Secretary shall assume administrative 
jurisdiction over the Center.
    ``(e) Use of Certain Gifts.--(1) Under regulations prescribed by 
the Secretary of the Army, the Commander of the United States Army 
Center of Military History may, without regard to section 2601 of this 
title, accept, hold, administer, invest, and spend any gift, devise, or 
bequest of personal property of a value of $250,000 or less made to the 
United States if such gift, devise, or bequest is for the benefit of 
the National Museum of the United States Army or the Center.
    ``(2) The Secretary may pay or authorize the payment of any 
reasonable and necessary expense in connection with the conveyance or 
transfer of a gift, devise, or bequest under this subsection.
    ``(f) Lease of Facility.--(1) Under such terms and conditions as 
the Secretary of the Army considers appropriate, the Secretary may 
lease portions of the Center to the Army Historical Foundation to be 
used by the Foundation, consistent with the purpose of the Center, 
for--
        ``(A) generating revenue for activities of the Center through 
    rental use by the public, commercial and nonprofit entities, State 
    and local governments, and other Federal agencies; and
        ``(B) such administrative purposes as may be necessary for the 
    support of the Center.
    ``(2) The annual amount of consideration paid to the Secretary by 
the Army Historical Foundation for a lease under paragraph (1) may not 
exceed an amount equal to the actual cost, as determined by the 
Secretary, of the annual operations and maintenance of the Center.
    ``(3) Notwithstanding any other provision of law, the Secretary 
shall use amounts paid under paragraph (2) to cover the costs of 
operation of the Center.
    ``(g) Additional Terms and Conditions.--The Secretary of the Army 
may require such additional terms and conditions in connection with the 
agreement authorized by subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
4771 the following new item:

``4772. Heritage Center for the National Museum of the United States 
          Army: development and operation.''.

SEC. 2823. ELIMINATION OF REVERSIONARY INTERESTS CLOUDING UNITED STATES 
              TITLE TO PROPERTY USED AS NAVY HOMEPORTS.

    (a) Authority to Acquire Complete Title.--If real property owned by 
the United States and used as a Navy homeport is subject to a 
reversionary interest of any kind, the Secretary of the Navy may enter 
into an agreement with the holder of the reversionary interest to 
acquire the reversionary interest and thereby secure for the United 
States all right, title, and interest in and to the property.
    (b) Authorized Consideration.--(1) As consideration for the 
acquisition of a reversionary interest under subsection (a), the 
Secretary shall provide the holder of the reversionary interest with 
in-kind consideration, to be determined pursuant to negotiations 
between the Secretary and the holder of the reversionary interest.
    (2) In determining the type and value of any in-kind consideration 
to be provided for the acquisition of a reversionary interest under 
subsection (a), the Secretary shall take into account the nature of the 
reversionary interest, including whether it would require the holder of 
the reversionary interest to pay for any improvements acquired by the 
holder as part of the reversion of the real property, and the long-term 
use and ultimate disposition of the real property if the United States 
were to acquire all right, title, and interest in and to the real 
property subject to the reversionary interest.
    (c) Prohibited Consideration.--Cash payments are not authorized to 
be made as consideration for the acquisition of a reversionary interest 
under subsection (a).

                Subtitle C--Base Closure and Realignment

SEC. 2831. ESTABLISHMENT OF SPECIFIC DEADLINE FOR SUBMISSION OF 
              REVISIONS TO FORCE-STRUCTURE PLAN AND INFRASTRUCTURE 
              INVENTORY.

    Section 2912(a)(4) of the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
note) is amended by striking ``as part of the budget justification 
documents submitted to Congress for fiscal year 2006.'' and inserting 
the following: ``not later than March 15, 2005. For purposes of 
selecting military installations for closure or realignment under this 
part in 2005, no revision of the force-structure plan or infrastructure 
inventory is authorized after that date.''.

SEC. 2832. SPECIFICATION OF FINAL SELECTION CRITERIA FOR 2005 BASE 
              CLOSURE ROUND.

    Section 2913 of the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
is amended to read as follows:

``SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF BASE 
              CLOSURES AND REALIGNMENTS.

    ``(a) Final Selection Criteria.--The final criteria to be used by 
the Secretary in making recommendations for the closure or realignment 
of military installations inside the United States under this part in 
2005 shall be the military value and other criteria specified in 
subsections (b) and (c).
    ``(b) Military Value Criteria.--The military value criteria are as 
follows:
        ``(1) The current and future mission capabilities and the 
    impact on operational readiness of the total force of the 
    Department of Defense, including the impact on joint warfighting, 
    training, and readiness.
        ``(2) The availability and condition of land, facilities, and 
    associated airspace (including training areas suitable for maneuver 
    by ground, naval, or air forces throughout a diversity of climate 
    and terrain areas and staging areas for the use of the Armed Forces 
    in homeland defense missions) at both existing and potential 
    receiving locations.
        ``(3) The ability to accommodate contingency, mobilization, 
    surge, and future total force requirements at both existing and 
    potential receiving locations to support operations and training.
        ``(4) The cost of operations and the manpower implications.
    ``(c) Other Criteria.--The other criteria that the Secretary shall 
use in making recommendations for the closure or realignment of 
military installations inside the United States under this part in 2005 
are as follows:
        ``(1) The extent and timing of potential costs and savings, 
    including the number of years, beginning with the date of 
    completion of the closure or realignment, for the savings to exceed 
    the costs.
        ``(2) The economic impact on existing communities in the 
    vicinity of military installations.
        ``(3) The ability of the infrastructure of both the existing 
    and potential receiving communities to support forces, missions, 
    and personnel.
        ``(4) The environmental impact, including the impact of costs 
    related to potential environmental restoration, waste management, 
    and environmental compliance activities.
    ``(d) Priority Given to Military Value.--The Secretary shall give 
priority consideration to the military value criteria specified in 
subsection (b) in the making of recommendations for the closure or 
realignment of military installations.
    ``(e) Effect on Department and Other Agency Costs.--The selection 
criteria relating to the cost savings or return on investment from the 
proposed closure or realignment of military installations shall take 
into account the effect of the proposed closure or realignment on the 
costs of any other activity of the Department of Defense or any other 
Federal agency that may be required to assume responsibility for 
activities at the military installations.
    ``(f) Relation to Other Materials.--The final selection criteria 
specified in this section shall be the only criteria to be used, along 
with the force-structure plan and infrastructure inventory referred to 
in section 2912, in making recommendations for the closure or 
realignment of military installations inside the United States under 
this part in 2005.
    ``(g) Relation to Criteria for Earlier Rounds.--Section 2903(b), 
and the selection criteria prepared under such section, shall not apply 
with respect to the process of making recommendations for the closure 
or realignment of military installations in 2005.''.
    (c) Conforming Amendments.--The Defense Base Closure and 
Realignment Act of 1990 is amended--
        (1) in section 2912(c)(1)(A), by striking ``criteria prepared 
    under section 2913'' and inserting ``criteria specified in section 
    2913''; and
        (2) in section 2914(a), by striking ``criteria prepared by the 
    Secretary under section 2913'' and inserting ``criteria specified 
    in section 2913''.

SEC. 2833. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO RECOMMEND 
              THAT INSTALLATIONS BE PLACED IN INACTIVE STATUS.

    Section 2914 of the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
is amended by striking subsection (c).

SEC. 2834. VOTING REQUIREMENTS FOR DEFENSE BASE CLOSURE AND REALIGNMENT 
              COMMISSION TO ADD TO OR OTHERWISE EXPAND CLOSURE AND 
              REALIGNMENT RECOMMENDATIONS MADE BY SECRETARY OF DEFENSE.

    Subsection (d) of section 2914 of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note), as added by section 3003 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division B of 
Public Law 107-107; 115 Stat, 1346) and amended by section 2854 of the 
Military Construction Authorization Act for Fiscal Year 2003 (division 
B of Public Law 107-314; 116 Stat. 2728), is amended--
        (1) in paragraph (3), by striking ``to add'' and inserting ``to 
    consider additions''; and
        (2) by striking paragraph (5) and inserting the following new 
    paragraph:
        ``(5) Requirements to expand closure or realignment 
    recommendations.--In the report required under section 
    2903(d)(2)(A) that is to be transmitted under paragraph (1), the 
    Commission may not make a change in the recommendations of the 
    Secretary that would close a military installation not recommended 
    for closure by the Secretary, would realign a military installation 
    not recommended for closure or realignment by the Secretary, or 
    would expand the extent of the realignment of a military 
    installation recommended for realignment by the Secretary unless--
            ``(A) at least two members of the Commission visit the 
        military installation before the date of the transmittal of the 
        report; and
            ``(B) the decision of the Commission to make the change to 
        recommend the closure of the military installation, the 
        realignment of the installation, or the expanded realignment of 
        the installation is supported by at least seven members of the 
        Commission.''.

                      Subtitle D--Land Conveyances

                        PART I--ARMY CONVEYANCES

SEC. 2841. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION PLANT, KANSAS.

    (a) Conveyance Authorized.--The Secretary of the Army, in 
consultation with the Administrator of General Services, may convey to 
an entity selected by the Board of Commissioners of Johnson County, 
Kansas (in this section referred to as the ``entity'' and the 
``Board'', respectively), all right, title, and interest of the United 
States in and to a parcel of real property, including any improvements 
thereon, consisting of approximately 9,065 acres and containing the 
Sunflower Army Ammunition Plant. The purpose of the conveyance is to 
facilitate the re-use of the property for economic development and 
revitalization.
    (b) Consideration.--(1) As consideration for the conveyance under 
subsection (a), the entity shall provide the United States, whether by 
cash payment, in-kind consideration, or a combination thereof, an 
amount that is not less than the fair market value of the conveyed 
property, as determined by an appraisal of the property acceptable to 
the Administrator and the Secretary. As a form of in-kind consideration 
for the conveyance of the property, the Secretary may authorize the 
entity to carry out environmental remediation activities for the 
conveyed property.
    (2) Cash consideration received under paragraph (1) shall be 
deposited in the special account in the Treasury established under 
subsection (b) of section 572 of title 40, United States Code, and 
shall be available in accordance with paragraph (5)(B)(i) of such 
subsection.
    (c) Construction With Previous Land Conveyance Authority.--The 
conveyance authority provided by subsection (a) is in addition to the 
conveyance authority provided by section 2823 of the Military 
Construction Authorization Act for Fiscal Year 2003 (division B of 
Public Law 107-314; 116 Stat. 2712) to convey a portion of the 
Sunflower Army Ammunition Plant to the Johnson County Park and 
Recreation District.
    (d) Agreements Concerning Environmental Remediation and Explosives 
Cleanup.--(1) The Secretary, in consultation with the Administrator, 
may enter into a multi-year cooperative agreement or contract with the 
entity for the environmental remediation and explosives cleanup of the 
conveyed property, and may utilize amounts authorized to be 
appropriated to the Secretary for purposes of environmental remediation 
and explosives cleanup under the agreement or contract.
    (2) The cooperative agreement or contract may provide for advance 
payments on an annual basis or for payments on a performance basis. 
Payments may be made over a period of time agreed to by the Secretary 
and the entity or for such time as may be necessary to perform the 
environmental remediation and explosives cleanup of the property, 
including any long-term operation and maintenance requirements.
    (e) Payment of Costs of Conveyance.--(1) The Secretary may require 
the entity to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, and other administrative costs 
related to the conveyance. If amounts are collected from the entity in 
advance of the Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the excess amount to the 
entity.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (f) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary and the 
Administrator.
    (g) Additional Terms and Conditions.--The Secretary and the 
Administrator may require such additional terms and conditions in 
connection with the conveyance of real property under subsection (a), 
and the environmental remediation and explosives cleanup under 
subsection (d), as the Secretary and the Administrator jointly consider 
appropriate to protect the interests of the United States.

SEC. 2842. LAND EXCHANGE, FORT CAMPBELL, KENTUCKY AND TENNESSEE.

    (a) Land Exchange Authorized.--In exchange for the real property 
described in subsection (b), the Secretary of the Army may convey to 
Bi-County Solid Waste Management System, a local government agency (in 
this section referred to as ``Bi-County''), all right, title, and 
interest of the United States in and to a parcel of real property, 
including any improvements thereon, consisting of approximately 358 
acres located at Fort Campbell in Montgomery County, Tennessee, for the 
purpose of permitting Bi-County to expand a landfill facility.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), Bi-County shall convey to the United States all right, 
title, and interest of Bi-County in and to a parcel of real property 
consisting of approximately 670 acres located adjacent to Fort Campbell 
in Trigg County, Kentucky, and Stewart County, Tennessee. The Secretary 
shall have jurisdiction over the real property received under this 
subsection.
    (c) Condition of Conveyance.--The conveyance under subsection (a) 
shall be subject to the condition that Bi-County construct a fence, 
acceptable to the Secretary, consisting of at least six-foot high, 
nine-gauge chain-link and three-strand barbed wire along the boundary 
between Fort Campbell and the real property conveyed under subsection 
(a).
    (d) Payment of Costs of Conveyance.--(1) The Secretary may require 
Bi-County to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyances under this section, including survey costs, costs 
related to environmental documentation, and other administrative costs 
related to the conveyances. If amounts are collected from Bi-County in 
advance of the Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the excess amount to Bi-
County.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyances. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (e) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by surveys satisfactory to the Secretary and Bi-County.
    (f) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyances 
under this section as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2843. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, DOYLINE, 
              LOUISIANA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the State of Louisiana (in this section 
referred to as the ``State'') all right, title, and interest of the 
United States in and to a parcel of real property, including any 
improvements thereon, consisting of approximately 14,949 acres located 
at the Louisiana Army Ammunition Plant, Doyline, Louisiana.
    (b) Conditions of Conveyance.--The conveyance under subsection (a) 
shall be subject to the following conditions:
        (1) That at least 13,500 acres of the real property conveyed 
    under such subsection is maintained by the State for the purpose of 
    military training, unless the Secretary determines that fewer acres 
    are required for such purpose.
        (2) That the State ensure that any other uses made of the 
    conveyed property do not adversely impact such military training.
        (3) That the State accommodate the use of the conveyed 
    property, at no cost or fee, for meeting the present and future 
    training needs of units of the Armed Forces, including units of the 
    Louisiana National Guard and the other active and reserve 
    components of the Armed Forces.
        (4) That the State assume the rights and responsibilities of 
    the Department of the Army under the armaments retooling 
    manufacturing support agreement between the Department of the Army 
    and the facility use contractor with respect to the Louisiana Army 
    Ammunition Plant, in accordance with the terms of such agreement in 
    effect at the time of the conveyance.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the State to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, and other administrative costs 
related to the conveyance. If amounts are collected from the State in 
advance of the Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the excess amount to the 
State.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the State.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2844. LAND CONVEYANCE, FORT LEONARD WOOD, MISSOURI.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the State of Missouri (in this section 
referred to as the ``State'') all right, title, and interest of the 
United States in and to a parcel of real property, including 
improvements thereon, consisting of approximately 227.7 acres at Fort 
Leonard Wood, Missouri, for the purpose of permitting the State to 
establish on the property a State-operated cemetery for veterans of the 
Armed Forces.
    (b) Reversionary Interest.--If the Secretary determines at any time 
that the real property conveyed under subsection (a) is not being used 
in accordance with the purpose of the conveyance specified in such 
subsection, all right, title, and interest in and to the property shall 
revert, at the option of the Secretary, to the United States, and the 
United States shall have the right of immediate entry onto the 
property. Any determination of the Secretary under this subsection 
shall be made on the record after an opportunity for a hearing.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the State to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, and other administrative costs 
related to the conveyance. If amounts are collected from the State in 
advance of the Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the State to carry out 
the conveyance, the Secretary shall refund the excess amount to the 
State. The authority of the Secretary to require the State to cover 
administrative costs related to the conveyance does not include costs 
related to any environmental remediation required for the property.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2845. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE SUPPLY 
              CENTER, COLUMBUS, OHIO.

    (a) Transfer Authorized.--The Secretary of the Army may transfer, 
without reimbursement, to the administrative jurisdiction of the 
Secretary of Veterans Affairs a parcel of real property consisting of 
approximately 20 acres and comprising a portion of the Defense Supply 
Center in Columbus, Ohio.
    (b) Use of Property.--The Secretary of Veterans Affairs may only 
use the property transferred under subsection (a) as the site for the 
construction of a new outpatient clinic for the provision of medical 
services to veterans.
    (c) Costs.--Any administrative costs in connection with the 
transfer of property under subsection (a), including the costs of the 
survey required by subsection (e), shall be borne by the Secretary of 
Veterans Affairs.
    (d) Return of Jurisdiction to Army.--If construction of the 
outpatient clinic described in subsection (b) has not commenced on the 
property transferred under subsection (a) by the end of the three-year 
period beginning on the date on which the property is transferred, the 
Secretary of Veterans Affairs shall return, at the request of the 
Secretary of the Army, administrative jurisdiction over the property to 
the Secretary of the Army.
    (e) Description of Property.--The exact acreage and legal 
description of the real property to be transferred under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of the 
Army.

SEC. 2846. JURISDICTION AND UTILIZATION OF FORMER PUBLIC DOMAIN LANDS, 
              UMATILLA CHEMICAL DEPOT, OREGON.

    (a) Retention of Jurisdiction.--The various parcels of real 
property consisting of approximately 8,300 acres within the boundaries 
of Umatilla Chemical Depot, Oregon, that were previously withdrawn from 
the public domain are no longer suitable for return to the public 
domain and shall remain under the administrative jurisdiction of the 
Secretary of the Army.
    (b) Utilization.--The Secretary shall combine the real property 
described in subsection (a) with other real property comprising the 
Umatilla Chemical Depot for purposes of their management and disposal 
pursuant to title II of the Defense Authorization Amendments and Base 
Closure and Realignment Act of 1988 (Public Law 100-526; 10 U.S.C. 2687 
note) and other applicable law.

SEC. 2847. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE, EQUIPMENT AND 
              STORAGE YARD, CHARLESTON, SOUTH CAROLINA.

    Subsection (h) of section 563 of the Water Resources Development 
Act of 1999 (Public Law 106-53; 113 Stat. 360) is amended to read as 
follows:
    ``(h) Charleston, South Carolina.--
        ``(1) Conveyance authorized.--The Secretary may convey to the 
    City of Charleston, South Carolina (in this subsection referred to 
    as the `City'), all right, title, and interest of the United States 
    in and to a parcel of real property of the Corps of Engineers, 
    including any improvements thereon, that is known as the Equipment 
    and Storage Yard and consists of approximately 1.06 acres located 
    on Meeting Street in Charleston, South Carolina. The property shall 
    be conveyed in as-is condition.
        ``(2) Consideration.--As consideration for the conveyance under 
    this subsection, the City shall provide the United States, whether 
    by cash payment, in-kind consideration, or a combination thereof, 
    an amount that is not less than the fair market value of the 
    property conveyed, as determined by the Secretary.
        ``(3) Use of proceeds.--(A) Notwithstanding any requirements 
    associated with the Plant Replacement and Improvement Program, 
    amounts received as consideration under paragraph (2) may be used 
    by the Corps of Engineers, Charleston District--
            ``(i) to lease, purchase, or construct an office facility 
        within the boundaries of Charleston, Berkeley, or Dorchester 
        County, South Carolina;
            ``(ii) to cover costs associated with the design and 
        furnishing of such facility; and
            ``(iii) to satisfy any Plant Replacement and Improvement 
        Program balances.
        ``(B) Any amounts received as consideration under paragraph (2) 
    that are in excess of the fair market value of the real property 
    conveyed under this subsection may be used for any authorized 
    activities of the Corps of Engineers, Charleston District.
        ``(4) Description of property.--The exact acreage and legal 
    description of the real property to be conveyed under this 
    subsection and any property transferred to the United States as 
    consideration under paragraph (2) shall be determined by surveys 
    satisfactory to the Secretary.
        ``(5) Additional terms and conditions.--The Secretary may 
    require such additional terms and conditions in connection with the 
    conveyance under this subsection as the Secretary considers 
    appropriate to protect the interests of the United States.''.

SEC. 2848. LAND CONVEYANCE, FORT HOOD, TEXAS.

    (a) Conveyance Authorized.--The Secretary of the Army may convey to 
the Texas A&M University System of the State of Texas (in this section 
referred to as the ``University System'') all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of approximately 662 acres 
at Fort Hood, Texas, for the sole purpose of permitting the University 
System to establish on the property an upper level (junior, senior, and 
graduate) university that will be State-supported, separate from other 
universities of the University System, and designated as Texas A&M 
University, Central Texas.
    (b) Consideration.--(1) As consideration for the conveyance under 
subsection (a), the University System shall pay to the United States an 
amount equal to the fair market value of the conveyed property, as 
determined pursuant to an appraisal acceptable to the Secretary.
    (2) In lieu of all or a portion of the cash consideration required 
by paragraph (1), the Secretary may accept in-kind consideration, 
including the conveyance by the University System of real property 
acceptable to the Secretary.
    (c) Condition of Conveyance.--The conveyance under subsection (a) 
shall be subject to the condition that the Secretary determine that the 
conveyance of the property and the establishment of a university on the 
property will not adversely impact the operation of Robert Grey Army 
Airfield, which is located on Fort Hood approximately one mile from the 
property authorized for conveyance.
    (d) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the University System.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2849. LAND CONVEYANCE, LOCAL TRAINING AREA FOR BROWNING ARMY 
              RESERVE CENTER, UTAH.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the State of Utah (in this section referred 
to as the ``State'') all right, title, and interest of the United 
States in and to a parcel of unimproved real property consisting of 
approximately 10 acres of the Local Training Area for the Browning Army 
Reserve Center, Utah, for the purpose of facilitating the construction 
and operation of a nursing-care facility for veterans. The parcel to be 
conveyed under this subsection shall be selected by the Secretary in 
consultation with the State.
    (b) Reversionary Interest.--If the Secretary determines at any time 
that the real property conveyed under subsection (a) is not being used 
in accordance with the purpose of the conveyance specified in such 
subsection, all right, title, and interest in and to the property shall 
revert, at the option of the Secretary, to the United States, and the 
United States shall have the right of immediate entry onto the 
property. Any determination of the Secretary under this subsection 
shall be made on the record after an opportunity for a hearing.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the State to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, and other administrative costs 
related to the conveyance. If amounts paid to the Secretary in advance 
exceed the costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount to the State.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary. Amounts so credited shall be merged with 
amounts in such fund or account, and shall be available for the same 
purposes, and subject to the same conditions and limitations, as 
amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2850. LAND CONVEYANCE, ARMY RESERVE CENTER, HAMPTON, VIRGINIA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the Hampton City School Board of Hampton, 
Virginia (in this section referred to as the ``Board''), all right, 
title, and interest of the United States in and to a parcel of real 
property, including any improvements thereon, that consists of 
approximately 13.42 acres, is located on Downey Farm Road in Hampton, 
Virginia, and is known as the Butler Farm United States Army Reserve 
Center for the purpose of permitting the Board to use the property for 
public education purposes.
    (b) Condition of Conveyance.--The conveyance under subsection (a) 
shall be subject to the condition that the Board accept the real 
property described in subsection (a) in its condition at the time of 
the conveyance, commonly known as conveyance ``as is''.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the Board to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, and other administrative costs 
related to the conveyance. If amounts are collected from the Board in 
advance of the Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the excess amount to the 
Board.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2851. LAND CONVEYANCE, ARMY NATIONAL GUARD FACILITY, SEATTLE, 
              WASHINGTON.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the State of Washington (in this section 
referred to as the ``State'') all right, title, and interest of the 
United States in and to a parcel of real property, including any 
improvements thereon, consisting of approximately 9.747 acres in 
Seattle, Washington, and comprising a portion of the National Guard 
Facility, Pier 91, for the purpose of permitting the State to convey 
the facility unencumbered for economic development purposes.
    (b) Condition of Conveyance.--The conveyance under subsection (a) 
shall be subject to the condition that the State accept the real 
property in its condition at the time of the conveyance, commonly known 
as conveyance ``as is''.
    (c) Administrative Expenses.--(1) The State shall reimburse the 
Secretary for the administrative expenses incurred by the Secretary in 
carrying out the conveyance under subsection (a), including expenses 
related to surveys and legal descriptions, boundary monumentation, 
environmental surveys, necessary documentation, travel, and deed 
preparation.
    (2) Section 2695(c) of title 10, United States Code, shall apply to 
any amounts received by the Secretary as reimbursement under this 
subsection.
    (d) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary. The cost of 
the survey shall be borne by the United States, subject to the 
requirement for reimbursement under subsection (c).
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2852. MODIFICATION OF LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS, 
              WASHINGTON.

    (a) Property to Be Transferred to Secretary of the Interior in 
Trust.--Subsection (a)(1) of section 2837 of the Military Construction 
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1315) is amended--
        (1) by striking ``may convey to'' and inserting ``may transfer 
    to the Secretary of the Interior, in trust for''; and
        (2) by striking ``Washington, in'' and all that follows through 
    the period and inserting ``Washington. The Secretary of the Army 
    may make the transfer under the preceding sentence, and the 
    Secretary of the Interior may accept the property transferred in 
    trust for the Nisqually Tribe under the preceding sentence, only in 
    conjunction with the conveyance described in subsection (b)(2).''.
    (b) Increase in Acreage to Be Transferred.--Such subsection is 
further amended by striking ``138 acres'' and inserting ``168 acres''.
    (c) Qualification on Property to Be Transferred.--Subsection (a)(2) 
of such section is amended--
        (1) by striking ``conveyance'' and inserting ``transfer''; and
        (2) by striking ``or the right of way described in subsection 
    (c)'' and inserting ``located on the real property transferred 
    under that paragraph''.
    (d) Consideration.--Subsection (b) of such section is amended--
        (1) in the matter preceding paragraph (1), by striking 
    ``conveyance'' and inserting ``transfer''; and
        (2) in paragraph (2), by striking ``fee title over the acquired 
    property to the Secretary'' and inserting ``to the United States 
    fee title to the property acquired under paragraph (1), free from 
    all liens, encumbrances or other interests other than those, if 
    any, acceptable to the Secretary of the Army''.
    (e) Treatment of Existing Permit Rights; Grant of Easement.--Such 
section is further amended--
        (1) by redesignating subsections (d) and (e) as subsections (e) 
    and (f), respectively; and
        (2) by inserting after subsection (c) the following new 
    subsection:
    ``(d) Treatment of Existing Permit Rights; Grant of Easement.--(1) 
The transfer under subsection (a) recognizes and preserves to the 
Bonneville Power Administration, in perpetuity and without the right of 
revocation except as provided in paragraph (2), rights in existence at 
the time of the conveyance under the permit dated February 4, 1949, as 
amended January 4, 1952, between the Department of the Army and the 
Bonneville Power Administration with respect to any portion of the 
property transferred under subsection (a) upon which the Bonneville 
Power Administration retains transmission facilities. The rights 
recognized and preserved include the right to upgrade those 
transmission facilities.
    ``(2) The permit rights recognized and preserved under paragraph 
(1) shall terminate only upon the Bonneville Power Administration's 
relocation of the transmission facilities referred to in paragraph (1), 
and then only with respect to that portion of those transmission 
facilities that are relocated.
    ``(3) The Secretary of the Interior, as trustee for the Nisqually 
Tribe, shall grant to the Bonneville Power Administration, without 
consideration and subject to the same rights recognized and preserved 
in paragraph (1), such additional easements across the property 
transferred under subsection (a) as the Bonneville Power Administration 
considers necessary to accommodate the relocation or reconnection of 
Bonneville Power Administration transmission facilities from property 
owned by the Tribe and held by the Secretary of the Interior in trust 
for the Tribe.''.
    (f) Conforming Amendments.--(1) Subsection (c) of such section is 
amended by inserting ``of the Army'' after ``Secretary''.
    (2) Subsection (e) of such section (as redesignated by subsection 
(e)(1)) is amended--
        (A) by striking ``conveyed'' and inserting ``transferred'';
        (B) by inserting ``of the Army'' after ``Secretary''; and
        (C) by striking ``the recipient of the property being 
    surveyed'' and inserting ``the Tribe, in the case of the transfer 
    under subsection (a), and the Secretary of the Army, in the case of 
    the acquisition under subsection (b)''.
    (3) Subsection (f) of such section (as redesignated by subsection 
(e)(1)) is amended--
        (A) by inserting ``of the Army'' after ``Secretary'' both place 
    it appears; and
        (B) by striking ``conveyances under this section'' and 
    inserting ``transfer under subsection (a) and conveyances under 
    subsections (b)(2) and (c)''.

                       PART II--NAVY CONVEYANCES

SEC. 2861. LAND EXCHANGE, FORMER RICHMOND NAVAL AIR STATION, FLORIDA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey to 
the University of Miami, Miami, Florida (in this section referred to as 
the ``University''), all right, title, and interest of the United 
States in and to certain parcels of real property, together with any 
improvements thereon, consisting of approximately 14 acres and located 
in the vicinity of the former Richmond Naval Air Station, Florida, in 
order to facilitate force protection and security needs of Department 
of Defense facilities located on the former Richmond Naval Air Station.
    (b) Release of Easements.--As part of the conveyance of property 
authorized by subsection (a), the Secretary may also--
        (1) release and extinguish any interest of the United States in 
    a clearance easement on the western portion of the property of the 
    University; and
        (2) release and extinguish any interest of the United States in 
    a certain easement for ingress and egress extending southwest and 
    south from Southwest 127th Street along the western property line 
    of a certain portion of United States property referred to as 
    ``IE2'' in the Agreement in Principle referred to in subsection 
    (e)(2).
    (c) Consideration.--As consideration for the conveyance of property 
authorized by subsection (a) and the release and extinguishment of 
interests authorized by subsection (b), the University shall--
        (1) convey to the United States all right, title, and interest 
    of the University in and to certain parcels of real property, 
    together with any improvements thereon, consisting of approximately 
    12 acres;
        (2) grant to the United States such easement over a parcel of 
    real property located along the western boundary of the property of 
    the University as the Secretary considers appropriate to permit the 
    United States to exercise dominion and control over the portion of 
    the western boundary of the property of the University that has 
    been, or may be, designated as Natural Forest Community habitat;
        (3) construct and install a berm and fence security system 
    along the entirety of the new property line between the United 
    States and the University;
        (4) relocate the existing security gate and guard building, or 
    establish a new security gate and guard building similar in design 
    and size to the existing security gate and guard building, at a 
    point where the property of the United States and the University 
    intersect on the existing ingress-egress road; and
        (5) construct a new two-lane access road from Southwest 152nd 
    Street at the western boundary of the property of the University to 
    a point that connects with the existing road on the property of the 
    United States (commonly referred to as the ``FAA Road'').
    (d) Construction With Previous Conveyance.--Any restrictions on the 
use as an animal research facility of a certain parcel of real 
property, consisting of approximately 30 acres, conveyed by the 
Secretary of Health and Human Services to the University pursuant to 
section 647 of the Omnibus Consolidated Appropriations Act, 1997 
(Public Law 104-208; 110 Stat. 3009-366) shall terminate upon the 
execution of the agreement of exchange required by subsection (e).
    (e) Terms of Exchange.--(1) The Secretary and the University shall 
carry out the conveyances and releases of interest authorized by this 
section pursuant to an agreement of exchange (to be known as the 
``Exchange Agreement'') between the Secretary and the University.
    (2) The agreement of exchange shall conform to, and develop with 
more particularity, the Agreement in Principle executed by the United 
States and the University on July 13 through 15, 2004.
    (f) Payment of Costs.--(1) The Secretary may require the University 
to cover costs to be incurred by the Secretary, or to reimburse the 
Secretary for costs incurred by the Secretary, to carry out the 
conveyances under this section and the release and grants of interests 
under this section, including survey costs, costs related to 
environmental documentation, and other administrative costs related to 
such activities. If amounts paid to the Secretary in advance exceed the 
costs actually incurred by the Secretary to carry out such activities, 
the Secretary shall refund the excess amount to the University.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary. Amounts so credited shall be merged with 
amounts in such fund or account, and shall be available for the same 
purposes, and subject to the same conditions and limitations, as 
amounts in such fund or account.
    (g) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under this section, and of 
the interests to be released or granted under this section, shall be 
determined by surveys satisfactory to the Secretary.
    (h) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyances 
under this section, and the release and grants of interests under this 
section, as the Secretary considers appropriate to protect the 
interests of the United States.

SEC. 2862. LAND CONVEYANCE, HONOLULU, HAWAII.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey, 
without consideration but subject to the conditions specified in 
subsection (b), to the City and County of Honolulu, Hawaii, all right, 
title, and interest of the United States in and to a parcel of real 
property, including improvements thereon, consisting of approximately 
5.16 acres located at 890 Valkenberg Avenue, Honolulu, Hawaii, and 
currently used by the City and County of Honolulu as the site of a fire 
station and firefighting training facility. The purpose of the 
conveyance is to enhance the capability of the City and County of 
Honolulu to provide fire protection and firefighting services to the 
civilian and military properties in the area and to provide a location 
for firefighting training for civilian and military personnel.
    (b) Conditions of Conveyance.--The conveyance under subsection (a) 
shall be subject to the following conditions:
        (1) That the City and County of Honolulu accept the real 
    property in its condition at the time of the conveyance, commonly 
    known as conveyance ``as is''.
        (2) That the City and County of Honolulu make the firefighting 
    training facility available to the fire protection and firefighting 
    units of the military departments for training not less than two 
    days per week on terms satisfactory to the Secretary.
    (c) Payment of Costs of Conveyance.--(1) The Secretary shall 
require the City and County of Honolulu to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for costs incurred by 
the Secretary, to carry out the conveyance under subsection (a), 
including survey costs, costs related to environmental documentation, 
and other administrative costs related to the conveyance. If amounts 
are collected from the City and County of Honolulu in advance of the 
Secretary incurring the actual costs, and the amount collected exceeds 
the costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount, without 
interest, to the City and County of Honolulu.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2863. LAND CONVEYANCE, NAVY PROPERTY, FORMER FORT SHERIDAN, 
              ILLINOIS.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey, 
without consideration, to the State of Illinois, a political 
subdivision of the State, or a nonprofit land conservation organization 
(in this section referred to as the ``grantee'') all right, title, and 
interest of the United States in and to certain parcels of real 
property consisting of a total of approximately 25 acres of 
environmentally sensitive land at the former Fort Sheridan, Illinois, 
for the purpose of ensuring the permanent protection of the land.
    (b) Reversionary Interest.--If the Secretary determines at any time 
that the real property conveyed under subsection (a) is not being used 
or maintained in accordance with the purpose of the conveyance 
specified in such subsection, all right, title, and interest in and to 
the property shall revert, at the option of the Secretary, to the 
United States, and the United States shall have the right of immediate 
entry onto the property. Any determination of the Secretary under this 
subsection shall be made on the record after an opportunity for a 
hearing.
    (c) Reconveyance Authorized.--The Secretary may permit the grantee 
to convey the real property conveyed under subsection (a) to another 
eligible entity described in such subsection, subject to the same 
covenants and terms and conditions as provided in the deed from the 
United States.
    (d) Payment of Costs of Conveyance.--(1) The Secretary shall 
require the grantee to cover costs to be incurred by the Secretary, or 
to reimburse the Secretary for costs incurred by the Secretary, to 
carry out the conveyance under subsection (a), including survey costs, 
costs related to environmental documentation, and other administrative 
costs related to the conveyance. If amounts are collected from the 
grantee in advance of the Secretary incurring the actual costs, and the 
amount collected exceeds the costs actually incurred by the Secretary 
to carry out the conveyance, the Secretary shall refund the excess 
amount to the grantee.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (e) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (f) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.
    (g) Use of Alternate Conveyance Authority.--In lieu of using the 
authority provided by this section to convey the real property 
described in subsection (a), the Secretary may elect to include the 
property in a conveyance authorized by section 2878 of title 10, United 
States Code, subject to such terms, reservations, restrictions, and 
conditions as may be necessary to ensure the permanent protection of 
the property, if the Secretary determines that a conveyance under such 
section is advantageous to the interests of the United States.

SEC. 2864. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER, MARYLAND.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey to 
the State of Maryland (in this section referred to as ``State'') all 
right, title, and interest of the United States in and to a parcel of 
real property, including improvements thereon, consisting of 
approximately five acres at Naval Air Station, Patuxent River, 
Maryland, and containing the Point Lookout Lighthouse, other structures 
related to the lighthouse, and an archaeological site pertaining to the 
military hospital that was located on the property during the Civil 
War. The conveyance shall include artifacts pertaining to the military 
hospital recovered by the Navy and held at the installation.
    (b) Property Received in Exchange.--As consideration for the 
conveyance of the real property under subsection (a), the State shall 
convey to the United States a parcel of real property at Point Lookout 
State Park, Maryland, consisting of approximately five acres, or a 
smaller parcel that the Secretary considers sufficient and such related 
property interests as the Secretary and the State may agree to.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the State to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, relocation expenses incurred in 
connection with the acquisition of real property under subsection (b), 
and other administrative costs related to the conveyance. If amounts 
are collected from the State in advance of the Secretary incurring the 
actual costs, and the amount collected exceeds the costs actually 
incurred by the Secretary to carry out the conveyance, the Secretary 
shall refund the excess amount to State.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the properties to be conveyed under this section shall 
be determined by surveys satisfactory to the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyances 
under this section as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2865. MODIFICATION OF LAND ACQUISITION AUTHORITY, PERQUIMANS 
              COUNTY, NORTH CAROLINA.

    Section 2846 of the Military Construction Authorization Act for 
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1320) is 
amended by striking ``240 acres'' and insert ``840 acres''.

SEC. 2866. LAND CONVEYANCE, NAVAL WEAPONS STATION, CHARLESTON, SOUTH 
              CAROLINA.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey to 
the Berkeley County Sanitation Authority, South Carolina (in this 
section referred to as the ``Authority''), all right, title, and 
interest of the United States in and to a parcel of real property, 
including any improvements thereon, consisting of not more than 38 
acres and comprising a portion of the Naval Weapons Station, 
Charleston, South Carolina, for the purpose of allowing the Authority 
to expand an existing sewage treatment plant.
    (b) Consideration.--(1) As consideration for the conveyance of the 
real property under subsection (a), the Authority shall provide the 
United States, whether by cash payment, in-kind services, or a 
combination thereof, an amount that is not less than the fair market 
value of the conveyed property.
    (2) The fair market value of the real property conveyed under 
subsection (a) shall be determined by an appraisal acceptable to the 
Secretary.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the Authority to cover costs incurred by the Secretary, or to reimburse 
the Secretary for costs incurred by the Secretary, to carry out the 
conveyance under subsection (a), including survey costs, costs related 
to environmental documentation, and other administrative costs related 
to the conveyance. If amounts are collected from the Authority in 
advance of the Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the excess amount to the 
Authority.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be made available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2867. LAND CONVEYANCE, NAVY YMCA BUILDING, PORTSMOUTH, VIRGINIA.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey to 
the City of Portsmouth, Virginia (in this section referred to as the 
``City''), all right, title, and interest of the United States in and 
to a parcel of real property, including any improvements thereon, 
consisting of approximately 0.49 acres located at 517 King Street in 
Portsmouth, Virginia, and known as the ``Navy YMCA Building'', for the 
purpose of permitting the City to use the property for economic 
revitalization purposes.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the City shall provide the United States, whether by 
cash payment, in-kind consideration, or a combination thereof, an 
amount equal to the costs related to the environmental remediation of 
the real property to be conveyed.
    (c) Payment of Other Costs of Conveyance.--(1) The Secretary may 
require the City to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, and other administrative costs 
related to the conveyance. If amounts paid to the Secretary in advance 
exceed the costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount to the City.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary. Amounts so credited shall be merged with 
amounts in such fund or account, and shall be available for the same 
purposes, and subject to the same conditions and limitations, as 
amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

                    PART III--AIR FORCE CONVEYANCES

SEC. 2871. LAND EXCHANGE, MAXWELL AIR FORCE BASE, ALABAMA.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey to the City of Montgomery, Alabama (in this section referred to 
as the ``City''), all right, title, and interest of the United States 
in and to a parcel of real property, including improvements thereon, 
consisting of approximately 28 acres and containing the Maxwell Heights 
Housing site at Maxwell Air Force Base, Alabama.
    (b) Consideration.--(1) As consideration for the conveyance of the 
real property under subsection (a), the City shall convey to the United 
States a parcel of real property, including any improvements thereon, 
located contiguous to Maxwell Air Force Base, consisting of 
approximately 35 acres, and designated as project AL 6-4, for the 
purpose of allowing the Secretary to incorporate the parcel into a 
project for the acquisition or improvement of military housing. The 
military housing project may consist of or include a project conducted 
under the authority of subchapter IV of chapter 169 of title 10, United 
States Code. The Secretary shall have jurisdiction over the real 
property received under this paragraph.
    (2) If the fair market value of the real property received under 
paragraph (1) is less than the fair market value of the real property 
conveyed under subsection (a), the Secretary may require the City to 
make up the difference through the payment of cash, the provision of 
in-kind consideration, or a combination thereof, to be determined 
pursuant to negotiations between the Secretary and the City.
    (3) The fair market values of the real property to be exchanged 
under this section shall be determined by appraisals acceptable to the 
Secretary and the City.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the City to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyances under subsections (a) and (b), including survey 
costs, costs related to environmental documentation, and other 
administrative costs related to the conveyances. If amounts are 
collected from the City in advance of the Secretary incurring the 
actual costs, and the amount collected exceeds the costs actually 
incurred by the Secretary to carry out the conveyances, the Secretary 
shall refund the excess amount to the City.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyances. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the properties to be conveyed under this section shall 
be determined by surveys satisfactory to the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyances 
under this section as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2872. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey to the March Joint Powers Authority (in this section referred to 
as the ``Authority'') all right, title, and interest of the United 
States in and to a parcel of real property, including any improvements 
thereon, consisting of approximately 15 acres located in Riverside 
County, California, and containing the former Defense Reutilization and 
Marketing Office facility for March Air Force Base, which is also known 
as Parcel A-6, for the purpose of permitting the Authority to use the 
property for economic development and revitalization.
    (b) Consideration.--As consideration for the conveyance of the real 
property under subsection (a), the Authority shall pay the United 
States an amount equal to the fair market value of the conveyed 
property, as determined by the Secretary. The payment shall be 
deposited in the special account in the Treasury referred to in 
paragraph (5) of section 572(b) of title 40, United States Code, and 
shall be available as provided in subparagraph (B)(ii) of such 
paragraph.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the Authority.
    (d) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2873. LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE BASE, NEW YORK.

    (a) Conveyance Authorized.--(1) The Secretary of the Air Force may 
convey to the Oneida County Industrial Development Agency, New York, 
the local reuse authority for the former Griffiss Air Force Base (in 
this section referred to as the ``Authority''), all right, title and 
interest of the United States in and to two parcels of real property 
consisting of 7.897 acres and 1.742 acres and containing the four 
buildings specified in paragraph (2), which were vacated by the Air 
Force in conjunction with its relocation to the Consolidated 
Intelligence and Reconnaissance Laboratory at Air Force Research 
Laboratory--Rome Research Site, Rome, New York.
    (2) The buildings referred to in paragraph (1) are the following:
        (A) Building 240 (117,323 square feet).
        (B) Building 247 (13,199 square feet).
        (C) Building 248 (4,000 square feet).
        (D) Building 302 (20,577 square feet).
    (3) The purpose of the conveyance under this subsection is to 
permit the Authority to develop the parcels and buildings for economic 
purposes in a manner consistent with section 2905 of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note).
    (b) Condition of Conveyance.--The conveyance under subsection (a) 
shall be subject to the condition that the Authority accept the real 
property in its condition at the time of the conveyance, commonly known 
as conveyance ``as is''.
    (c) Consideration.--As consideration for the conveyance under 
subsection (a), the Authority shall provide the United States, whether 
by cash payment, in-kind contribution, or a combination thereof, an 
amount equal to the fair market of value of the conveyed real property, 
as determined by the Secretary.
    (d) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the Authority.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

                       PART IV--OTHER CONVEYANCES

SEC. 2881. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.

    (a) Exchange Authorized.--The Secretary of Defense may convey to 
Arlington County, Virginia (in this section referred to as the 
``County''), all right, title, and interest of the United States in and 
to a parcel of real property, together with any improvements thereon, 
that consists of not more than 4.5 acres and is located north of 
Columbia Pike on the Navy Annex property in Arlington County, Virginia, 
for the purpose of the construction of a freedmen heritage museum and 
an Arlington history museum.
    (b) Consideration.--As consideration for the conveyance of the real 
property under subsection (a), the County shall convey to the United 
States all right, title, and interest of the County in and to a parcel 
of real property, together with any improvements thereon, that is of a 
size equivalent to the total acreage of the real property conveyed by 
the Secretary under subsection (a) and is located in the area known as 
the Southgate Road right-of-way between Arlington National Cemetery, 
Virginia, and the Navy Annex property.
    (c) Selection of Property for Conveyance.--The Secretary, in 
consultation with the County, shall determine the acreage of the 
parcels of real property to be exchanged under this section, and such 
determination shall be final. In selecting the real property for 
conveyance to the County under subsection (a), the Secretary shall 
seek--
        (1) to provide the County with sufficient property for museum 
    construction that is compatible with, and honors, the history of 
    the freedmen's village that was located in the area and the 
    heritage of the County;
        (2) to preserve the appropriate traditions of Arlington 
    National Cemetery; and
        (3) to maintain the amount of acreage currently available for 
    potential grave sites at Arlington National Cemetery.
    (d) Payment of Costs of Conveyances.--(1) The Secretary may require 
the County to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyances under subsections (a) and (b), including survey 
costs, costs related to environmental documentation, and other 
administrative costs related to the conveyances. If amounts are 
collected from the County in advance of the Secretary incurring the 
actual costs, and the amount collected exceeds the costs actually 
incurred by the Secretary to carry out the conveyance, the Secretary 
shall refund the excess amount to the County.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyances. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (e) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under this section 
shall be determined by surveys satisfactory to the Secretary.
    (f) Reversionary Interest.--(1) If at any time the Secretary 
determines that the property conveyed to the County under subsection 
(a) is not being used for the purposes stated in that subsection, then, 
at the option of the Secretary, all right, title, and interest in and 
to the property, including any improvements thereon, shall revert to 
the United States, and the United States shall have the right of 
immediate entry onto the property.
    (2) If the Secretary exercises the reversionary interest provided 
for in paragraph (1), the Secretary shall pay the County, from amounts 
available to the Secretary for military construction for the Defense 
Agencies, an amount equal to the fair market value of the property that 
reverts to the United States, as determined by the Secretary.
    (g) Inclusion of Southgate Road Right-of-Way Property in Transfer 
of Navy Annex Property for Arlington National Cemetery.--Subsection (a) 
of section 2881 of the Military Construction Authorization Act for 
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879) is 
amended by striking ``three parcels of real property consisting of 
approximately 36 acres'' and inserting ``four parcels of real property 
consisting of approximately 40 acres''.
    (h) Termination of Reservation of Certain Navy Annex Property for 
Memorials or Museums.--(1) Subsection (b) of such section, as amended 
by section 2863(f) of the Military Construction Authorization Act for 
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1332) and 
section 2851(a)(1) of the Military Construction Authorization Act for 
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2726), is 
further amended--
        (A) by striking ``(1) Subject to paragraph (2), the Secretary'' 
    and inserting ``The Secretary''; and
        (B) by striking paragraph (2).
    (2) Subsection (d)(2) of such section, as amended by section 
2851(a)(2) of the Military Construction Authorization Act for Fiscal 
Year 2003 (division B of Public Law 107-314; 116 Stat. 2726), is 
further amended--
        (A) by striking ``(A)''; and
        (B) by striking ``, and (B)'' and all that follows through 
    ``Museum.'' and inserting a period.
    (3) Subsection (f) of such section is amended by striking 
``reserved under subsection (b)(2) and of the portion''.
    (i) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyances 
under this section as the Secretary considers appropriate to protect 
the interests of the United States.

                       Subtitle E--Other Matters

SEC. 2891. ONE-YEAR RESUMPTION OF DEPARTMENT OF DEFENSE LABORATORY 
              REVITALIZATION DEMONSTRATION PROGRAM.

    Section 2892(g) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2805 note) is amended 
by striking ``September 30, 2003'' and inserting ``September 30, 
2005''.

SEC. 2892. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL AT LUKE AIR FORCE 
              BASE, ARIZONA, IN HONOR OF JOHN J. RHODES, A FORMER 
              MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.

    The Airmen Leadership School at Luke Air Force Base, Arizona, 
building 156, shall be known and designated as the ``John J. Rhodes 
Airmen Leadership School''. Any reference to such facility in any law, 
regulation, map, document, record, or other paper of the United States 
shall be considered to be a reference to the John J. Rhodes Airmen 
Leadership School.

SEC. 2893. SETTLEMENT OF CLAIM OF OAKLAND BASE REUSE AUTHORITY AND 
              REDEVELOPMENT AGENCY.

    (a) Authority to Settle Claim.--The Secretary of the Navy may make 
a payment in the amount of $2,100,000 to the Oakland Base Reuse 
Authority and Redevelopment Agency of the City of Oakland, California, 
in settlement of Oakland Base Reuse Authority and Redevelopment Agency 
of the City of Oakland v. the United States, Case No. C02-4652 MHP, 
United States District Court, Northern District of California, 
including any appeal.
    (b) Release of Claim.--The payment made under subsection (a) shall 
be in full satisfaction of all claims of the Oakland Base Reuse 
Authority and Redevelopment Agency against the United States related to 
the case referred to in subsection (a), and the Oakland Base Reuse 
Authority and Redevelopment Agency shall give to the Secretary a 
release of all claims to 18 officer housing units and related real 
property located at the former Naval Medical Center Oakland, 
California. The release shall be in a form that is satisfactory to the 
Secretary.
    (c) Source of Funds for Settlement.--To make the payment authorized 
by subsection (a), the Secretary may use--
        (1) funds in the Department of Defense Base Closure Account 
    1990; or
        (2) the proceeds from the sale of the housing units and 
    property described in subsection (b).

SEC. 2894. REPORT ON 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 submit to Congress a report 
regarding the feasibility of using Camp Ripley National Guard Training 
Center in Little Falls, Minnesota, as a mobilization station for 
members of a reserve component ordered to active duty under any 
provision of law specified in section 101(a)(13)(B) of title 10, United 
States Code. The report shall include a discussion of the actions 
necessary to establish the center as a mobilization station.

SEC. 2895. REPORT ON FEASIBILITY OF ESTABLISHMENT OF VETERANS MEMORIAL 
              AT MARINE CORPS AIR STATION, EL TORO, CALIFORNIA.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of the Navy shall submit to Congress a report on whether 
the anticipated future uses of the former Marine Corps Air Station, El 
Toro, California, by the City of Irvine, California, would permit the 
establishment and maintenance, at no cost to the United States, of a 
veterans memorial at the former installation.

SEC. 2896. SENSE OF CONGRESS REGARDING EFFECT OF MILITARY HOUSING 
              POLICIES AND FORCE STRUCTURE AND BASING CHANGES ON LOCAL 
              EDUCATIONAL AGENCIES.

    (a) Findings.--Congress 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 
    attending public elementary or secondary schools in the United 
    States.
        (3) Changes to the military family housing policies of the 
    military departments affect both military housing requirements and 
    the number of dependent children living on military installations 
    in the United States.
        (4) Proposed restationing of units of the Armed Forces 
    worldwide, including the return of a significant number of members 
    of the Armed Forces stationed overseas to the United States and the 
    Army proposal to modify its force structure to establish so-called 
    units of action, will increase military housing requirements at 
    military installations in the United States and may result in the 
    need for additional educational facilities at such installations 
    and in the adjacent communities.
        (5) To help provide sufficient housing for members of the Armed 
    Forces and their families, the Secretaries of the military 
    departments intend to continue to use the authorities provided in 
    subchapter IV of chapter 169 of title 10, United States Code, to 
    carry out privatization initiatives that will improve or replace an 
    additional 120,000 military family housing units in the United 
    States.
        (6) The Secretaries of the military departments may include the 
    construction of school facilities as one of the ancillary 
    supporting facilities authorized as part of a privatization 
    initiative carried out under such subchapter.
    (b) Sense of Congress.--It is the sense of Congress that the 
Department of Defense should--
        (1) consider the effects that changes in force structure and 
    overseas stationing arrangements will have on--
            (A) military housing requirements at specific military 
        installations in the United States;
            (B) the number of school-aged military dependents at those 
        installations; and
            (C) the need for additional educational facilities to serve 
        such dependents; and
        (2) consult with local communities and local educational 
    agencies about the best ways to address such changing housing 
    requirements and satisfy the need for additional educational 
    facilities, including using the authority of subchapter IV of 
    chapter 169 of title 10, United States Code, to include the 
    construction of educational facilities as one of the ancillary 
    supporting facilities authorized as part of military privatization 
    housing initiatives.

SEC. 2897. SENSE OF CONGRESS AND STUDY REGARDING MEMORIAL HONORING NON-
              UNITED STATES CITIZENS KILLED IN THE LINE OF DUTY WHILE 
              SERVING IN THE UNITED STATES ARMED FORCES.

    (a) Sense of Congress.--It is the sense of Congress that a memorial 
marker or monument should be designed and placed in an appropriate 
location to honor the service and sacrifice of individuals who, 
although not United States citizens, served in the United States Armed 
Forces and were killed in the line of duty.
    (b) Study.--The Secretary of the Army, in consultation with the 
Secretary of Veterans Affairs and the American Battle Monuments 
Commission, shall conduct a study examining the feasibility of placing 
in Arlington National Cemetery, or some other appropriate location, a 
memorial marker honoring the service and sacrifice of non-United States 
citizens killed in the line of duty while serving in the Armed Forces.
    (c) Content of Study.--The study required by subsection (b) shall 
include the following:
        (1) A discussion of the historical development of Arlington 
    National Cemetery.
        (2) Comprehensive information on the memorial markers presently 
    located in Arlington National Cemetery.
        (3) A description of any limitations affecting the ability to 
    establish new monuments, markers, tributes, or plaques in Arlington 
    National Cemetery.
        (4) A discussion of alternative locations outside of Arlington 
    National Cemetery that have been used for comparable memorial 
    markers.
        (5) Recommendations for appropriate locations for a memorial 
    marker that may be considered.
    (d) Report and Recommendations.--Not later than April 1, 2005, the 
Secretary of the Army shall submit to the Committee on Armed Services 
and the Committee on Veterans' Affairs of the House of Representatives 
and the Committee on Armed Services and the Committee on Veterans' 
Affairs of the Senate a report containing the results of the study 
required by subsection (b), together with any recommendations for an 
appropriate plan to honor the service of non-United States citizens 
killed in the line of duty while serving in the Armed Forces.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS
      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Report on requirements for Modern Pit Facility.
Sec. 3112. Two-year extension of authority for appointment of certain 
          scientific, engineering, and technical personnel.
Sec. 3113. Limited authority to carry out new projects under Facilities 
          and Infrastructure Recapitalization Program after project 
          selection deadline.
Sec. 3114. Modification of milestone and report requirements for 
          National Ignition Facility.
Sec. 3115. Modification of submittal date of annual plan for 
          stewardship, management, and certification of warheads in the 
          nuclear weapons stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. Treatment of waste material.
Sec. 3118. Local stakeholder organizations for 2006 closure sites.
Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts 
          Initiative.

                    Subtitle C--Proliferation Matters

Sec. 3131. Modification of authority to use International Nuclear 
          Materials Protection and Cooperation Program funds outside the 
          former Soviet Union.
Sec. 3132. Acceleration of removal or security of fissile materials, 
          radiological materials, and related equipment at vulnerable 
          sites worldwide.
Sec. 3133. Silk Road Initiative.
Sec. 3134. Nuclear nonproliferation fellowships for scientists employed 
          by United States and Russian Federation.
Sec. 3135. Utilization of international contributions to the elimination 
          of weapons grade plutonium production program.

                        Subtitle D--Other Matters

Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Report on maintenance of retirement benefits for certain 
          workers at 2006 closure sites after closure of sites.
Sec. 3143. Report on efforts of National Nuclear Security Administration 
          to understand plutonium aging.
Sec. 3144. Support for public education in the vicinity of Los Alamos 
          National Laboratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant 
          to competitive contract.
Sec. 3146. National Academy of Sciences study on management by 
          Department of Energy of certain radioactive waste streams.
Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders 
          for acquisition of lands for Manhattan Project in World War 
          II.
Sec. 3148. Modification of requirements relating to conveyances and 
          transfer of certain land at Los Alamos National Laboratory, 
          New Mexico.

 Subtitle E--Energy Employees Occupational Illness Compensation Program

Sec. 3161. Contractor employee compensation.
Sec. 3162. Conforming amendments.
Sec. 3163. Technical amendments.
Sec. 3164. Transfer of funds for fiscal year 2005.
Sec. 3165. Use of Energy Employees Occupational Illness Compensation 
          Fund for certain payments to covered uranium employees.
Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational 
          Illness Compensation Program Act of 2000.
Sec. 3167. Emergency Special Exposure Cohort meeting and report.
Sec. 3168. Coverage of individuals employed at atomic weapons employer 
          facilities during periods of residual contamination.
Sec. 3169. Update of report on residual contamination of facilities.
Sec. 3170. Sense of Congress on resource center for energy employees 
          under Energy Employee Occupational Illness Compensation 
          Program in western New York and western Pennsylvania region.

         Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 2005 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$9,082,300,000, to be allocated as follows:
        (1) For weapons activities, $6,592,053,000.
        (2) For defense nuclear nonproliferation activities, 
    $1,348,647,000.
        (3) For naval reactors, $797,900,000.
        (4) For the Office of the Administrator for Nuclear Security, 
    $343,700,000.
    (b) Authorization of New Plant Projects.--From funds referred to in 
subsection (a) that are available for carrying out plant projects, the 
Secretary of Energy may carry out, for weapons activities, the 
following new plant projects:
        Project 05-D-140, project engineering and design, various 
    locations, $11,600,000.
        Project 05-D-160, facilities and infrastructure 
    recapitalization program, project engineering and design, various 
    locations, $8,700,000.
        Project 05-D-170, project engineering and design, safeguards 
    and security, various locations, $17,000,000.
        Project 05-D-401, production bays upgrade, Pantex Plant, 
    Amarillo, Texas, $25,100,000.
        Project 05-D-402, beryllium capability project, Y-12 national 
    security complex, Oak Ridge, Tennessee, $3,627,000.
        Project 05-D-601, compressed air upgrades project, Y-12 
    national security complex, Oak Ridge, Tennessee, $4,400,000.
        Project 05-D-602, power grid infrastructure upgrade, Los Alamos 
    National Laboratory, Los Alamos, New Mexico, $10,000,000.
        Project 05-D-603, new master substation, Sandia National 
    Laboratories, Albuquerque, New Mexico, $600,000.
        Project 05-D-701, security perimeter, Los Alamos National 
    Laboratory, Los Alamos, New Mexico, $20,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2005 for defense environmental management 
activities in carrying out programs necessary for national security in 
the amount of $6,957,307,000, to be allocated as follows:
        (1) For defense site acceleration completion, $5,970,837,000.
        (2) For defense environmental services, $986,470,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2005 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$636,036,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2005 for defense nuclear waste disposal for 
payment to the Nuclear Waste Fund established in section 302(c) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$120,000,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. REPORT ON REQUIREMENTS FOR MODERN PIT FACILITY.

    (a) Report.--Not later than January 31, 2005, the Administrator for 
Nuclear Security shall submit to the congressional defense committees a 
report setting forth the validated pit production requirements for the 
Modern Pit Facility.
    (b) Validated Pit Production Requirements.--(1) The validated pit 
production requirements in the report under subsection (a) shall be 
established by the Administrator in conjunction with the Chairman of 
the Nuclear Weapons Council.
    (2) The validated pit production requirements shall--
        (A) include specifications regarding the total number of pits 
    per year, and the number of pits to be produced per year for each 
    weapon type, that will be required to be produced in order to 
    support the weapons that will be retained in the nuclear weapons 
    stockpile pursuant to the revised nuclear weapons stockpile plan 
    submitted to the congressional defense committees as specified in 
    the joint explanatory statement to accompany the report of the 
    Committee on Conference on the bill H.R. 2754 of the 108th 
    Congress;
        (B) identify any surge capacity that may be included in the 
    annual pit production requirements; and
        (C) assume that the lifetime of any particular pit type is each 
    of 40 years, 50 years, 60 years, and 70 years.
    (c) Form of Report.--The report under subsection (a) shall be 
submitted in unclassified form and shall include a classified annex.

SEC. 3112. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
              SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

    Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 
2701(c)(1)) is amended by striking ``September 30, 2004'' and inserting 
``September 30, 2006''.

SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER FACILITIES 
              AND INFRASTRUCTURE RECAPITALIZATION PROGRAM AFTER PROJECT 
              SELECTION DEADLINE.

    (a) Limited Authority To Carry Out New Projects.--Section 3114(a) 
of the National Defense Authorization Act for Fiscal Year 2004 (Public 
Law 108-136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended--
        (1) in the subsection caption, by striking ``Deadline for'';
        (2) in paragraph (2), by striking ``No project'' and inserting 
    ``Except as provided in paragraph (3), no project''; and
        (3) by adding at the end the following new paragraph:
    ``(3)(A) Subject to the provisions of this paragraph, a project 
described in subparagraph (B) may be carried out under the Facilities 
and Infrastructure Recapitalization Program after December 31, 2004, if 
the Administrator approves the project. The Administrator may not 
delegate the authority to approve projects under the preceding 
sentence.
    ``(B) A project described in this subparagraph is a project that 
consists of a specific building, facility, or other improvement 
(including fences, roads, or similar improvements).
    ``(C) Funds may not be obligated or expended for a project under 
this paragraph until 60 days after the date on which the Administrator 
submits to the congressional defense committees a notice on the 
project, including a description of the project and the nature of the 
project, a statement explaining why the project was not included in the 
Facilities and Infrastructure Recapitalization Program under paragraph 
(1), and a statement explaining why the project was not included in any 
other program under the jurisdiction of the Administrator.
    ``(D) The total number of projects that may be carried out under 
this paragraph in any fiscal year may not exceed five projects.
    ``(E) The Administrator may not utilize the authority in this 
paragraph until 60 days after the later of--
        ``(i) the date of the submittal to the congressional defense 
    committees of a list of the projects selected for inclusion in the 
    Facilities and Infrastructure Recapitalization Program under 
    paragraph (1); or
        ``(ii) the date of the submittal to the congressional defense 
    committees of the report required by subsection (c).
    ``(F) A project may not be carried out under this paragraph unless 
the project will be completed by September 30, 2011.''.
    (b) Construction of Authority.--The amendments made by subsection 
(a) may not be construed to authorize any delay in either of the 
following:
        (1) The selection of projects for inclusion in the Facilities 
    and Infrastructure Recapitalization Program under subsection (a) of 
    section 3114 of the National Defense Authorization Act for Fiscal 
    Year 2004.
        (2) The submittal of the report required by subsection (c) of 
    such section.

SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIREMENTS FOR 
              NATIONAL IGNITION FACILITY.

    (a) Notification on Milestones To Achieve Ignition.--Subsection (a) 
of section 3137 of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107-107; 115 Stat. 1369) is amended by striking 
``each Level I milestone and Level II milestone for the National 
Ignition Facility.'' and inserting the following: ``each milestone for 
the National Ignition Facility as follows:
        ``(1) Each Level I milestone.
        ``(2) Each Level II milestone.
        ``(3) Each milestone to achieve ignition.''.
    (b) Report on Failure of Timely Achievement of Milestones.--
Subsection (b) of such section is amended by striking ``a Level I 
milestone or Level II milestone for the National Ignition Facility'' 
and inserting ``a milestone for the National Ignition Facility referred 
to in subsection (a)''.
    (c) Milestones To Achieve Ignition.--Subsection (c) of such section 
is amended to read as follows:
    ``(c) Milestones.--For purposes of this section:
        ``(1) The Level I milestones and Level II milestones for the 
    National Ignition Facility are as established in the August 2000 
    revised National Ignition Facility baseline document.
        ``(2) The milestones for the National Ignition Facility to 
    achieve ignition are such milestones (other than the milestones 
    referred to in paragraph (1)) as the Administrator shall establish 
    on any activities at the National Ignition Facility that are 
    required to enable the National Ignition Facility to achieve 
    ignition and be a fully functioning user facility by December 31, 
    2011.''.
    (d) Submittal to Congress of Milestones To Achieve Ignition.--Not 
later than January 31, 2005, the Administrator for Nuclear Security 
shall submit to the congressional defense committees a report setting 
forth the milestones of the National Ignition Facility to achieve 
ignition as established by the Administration under subsection (c)(2) 
of section 3137 of the National Defense Authorization Act for Fiscal 
Year 2002, as amended by subsection (c) of this section. The report 
shall include--
        (1) a description of each milestone established; and
        (2) a proposal for the funding to be required to meet each such 
    milestone.
    (e) Extension of Sunset.--Subsection (d) of section 3137 of such 
Act is amended by striking ``September 30, 2004'' and inserting 
``December 31, 2011''.

SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL PLAN FOR 
              STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF WARHEADS IN 
              THE NUCLEAR WEAPONS STOCKPILE.

    Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C. 
2523(c)) is amended by striking ``March 15 of each year thereafter'' 
and inserting ``May 1 of each year thereafter''.

SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.

    (a) In General.--Notwithstanding the provisions of the Nuclear 
Waste Policy Act of 1982, the requirements of section 202 of the Energy 
Reorganization Act of 1974, and other laws that define classes of 
radioactive waste, with respect to material stored at a Department of 
Energy site at which activities are regulated by a covered State 
pursuant to approved closure plans or permits issued by the State, the 
term ``high-level radioactive waste'' does not include radioactive 
waste resulting from the reprocessing of spent nuclear fuel that the 
Secretary of Energy (in this section referred to as the ``Secretary''), 
in consultation with the Nuclear Regulatory Commission (in this section 
referred to as the ``Commission''), determines--
        (1) does not require permanent isolation in a deep geologic 
    repository for spent fuel or high-level radioactive waste;
        (2) has had highly radioactive radionuclides removed to the 
    maximum extent practical; and
        (3)(A) does not exceed concentration limits for Class C low-
    level waste as set out in section 61.55 of title 10, Code of 
    Federal Regulations, and will be disposed of--
            (i) in compliance with the performance objectives set out 
        in subpart C of part 61 of title 10, Code of Federal 
        Regulations; and
            (ii) pursuant to a State-approved closure plan or State-
        issued permit, authority for the approval or issuance of which 
        is conferred on the State outside of this section; or
        (B) exceeds concentration limits for Class C low-level waste as 
    set out in section 61.55 of title 10, Code of Federal Regulations, 
    but will be disposed of--
            (i) in compliance with the performance objectives set out 
        in subpart C of part 61 of title 10, Code of Federal 
        Regulations;
            (ii) pursuant to a State-approved closure plan or State-
        issued permit, authority for the approval or issuance of which 
        is conferred on the State outside of this section; and
            (iii) pursuant to plans developed by the Secretary in 
        consultation with the Commission.
    (b) Monitoring by Nuclear Regulatory Commission.--(1) The 
Commission shall, in coordination with the covered State, monitor 
disposal actions taken by the Department of Energy pursuant to 
subparagraphs (A) and (B) of subsection (a)(3) for the purpose of 
assessing compliance with the performance objectives set out in subpart 
C of part 61 of title 10, Code of Federal Regulations.
    (2) If the Commission considers any disposal actions taken by the 
Department of Energy pursuant to those subparagraphs to be not in 
compliance with those performance objectives, the Commission shall, as 
soon as practicable after discovery of the noncompliant conditions, 
inform the Department of Energy, the covered State, and the following 
congressional committees:
        (A) The Committee on Armed Services, the Committee on Energy 
    and Commerce, and the Committee on Appropriations of the House of 
    Representatives.
        (B) The Committee on Armed Services, the Committee on Energy 
    and Natural Resources, the Committee on Environment and Public 
    Works, and the Committee on Appropriations of the Senate.
    (3) For fiscal year 2005, the Secretary shall, from amounts 
available for defense site acceleration completion, reimburse the 
Commission for all expenses, including salaries, that the Commission 
incurs as a result of performance under subsection (a) and this 
subsection for fiscal year 2005. The Department of Energy and the 
Commission may enter into an interagency agreement that specifies the 
method of reimbursement. Amounts received by the Commission for 
performance under subsection (a) and this subsection may be retained 
and used for salaries and expenses associated with those activities, 
notwithstanding section 3302 of title 31, United States Code, and shall 
remain available until expended.
    (4) For fiscal years after 2005, the Commission shall include in 
the budget justification materials submitted to Congress in support of 
the Commission budget for that fiscal year (as submitted with the 
budget of the President under section 1105(a) of title 31, United 
States Code) the amounts required, not offset by revenues, for 
performance under subsection (a) and this subsection.
    (c) Inapplicability to Certain Materials.--Subsection (a) shall not 
apply to any material otherwise covered by that subsection that is 
transported from the covered State.
    (d) Covered States.--For purposes of this section, the following 
States are covered States:
        (1) The State of South Carolina.
        (2) The State of Idaho.
    (e) Construction.--(1) Nothing in this section shall impair, alter, 
or modify the full implementation of any Federal Facility Agreement and 
Consent Order or other applicable consent decree for a Department of 
Energy site.
    (2) Nothing in this section establishes any precedent or is binding 
on the State of Washington, the State of Oregon, or any other State not 
covered by subsection (d) for the management, storage, treatment, and 
disposition of radioactive and hazardous materials.
    (3) Nothing in this section amends the definition of ``transuranic 
waste'' or regulations for repository disposal of transuranic waste 
pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act or part 
191 of title 40, Code of Federal Regulations.
    (4) Nothing in this section shall be construed to affect in any way 
the obligations of the Department of Energy to comply with section 
4306A of the Atomic Energy Defense Act (50 U.S.C. 2567).
    (5) Nothing in this section amends the West Valley Demonstration 
Act (42 U.S.C. 2121a note).
    (f) Judicial Review.--Judicial review shall be available in 
accordance with chapter 7 of title 5, United States Code, for the 
following:
        (1) Any determination made by the Secretary or any other agency 
    action taken by the Secretary pursuant to this section.
        (2) Any failure of the Commission to carry out its 
    responsibilities under subsection (b).

SEC. 3117. TREATMENT OF WASTE MATERIAL.

    Of the amounts made available pursuant to the authorization of 
appropriations in section 3102(1) for environmental management for 
defense site acceleration completion for the High-Level Waste Proposal, 
$350,000,000 shall be available at specified sites for any defense site 
acceleration completion activities at those sites, as follows:
        (1) The Idaho National Engineering and Environmental 
    Laboratory, Idaho, $97,300,000.
        (2) The Savannah River Site, Aiken, South Carolina, 
    $188,600,000.
        (3) The Hanford Site, Richland, Washington, $64,100,000.

SEC. 3118. LOCAL STAKEHOLDER ORGANIZATIONS FOR 2006 CLOSURE SITES.

    (a) Establishment.--(1) The Secretary of Energy shall establish for 
each Department of Energy 2006 closure site a local stakeholder 
organization having the responsibilities set forth in subsection (c).
    (2) The local stakeholder organization shall be established in 
consultation with interested elected officials of local governments in 
the vicinity of the closure site concerned.
    (b) Composition.--A local stakeholder organization for a Department 
of Energy 2006 closure site under subsection (a) shall be composed of 
such elected officials of local governments in the vicinity of the 
closure site concerned as the Secretary considers appropriate to carry 
out the responsibilities set forth in subsection (c) who agree to serve 
on the organization, or the designees of such officials.
    (c) Responsibilities.--A local stakeholder organization for a 
Department of Energy 2006 closure site under subsection (a) shall--
        (1) solicit and encourage public participation in appropriate 
    activities relating to the closure and post-closure operations of 
    the site;
        (2) disseminate information on the closure and post-closure 
    operations of the site to the State government of the State in 
    which the site is located, local and tribal governments in the 
    vicinity of the site, and persons and entities having a stake in 
    the closure or post-closure operations of the site;
        (3) transmit to appropriate officers and employees of the 
    Department of Energy questions and concerns of governments, 
    persons, and entities referred to paragraph (2) on the closure and 
    post-closure operations of the site; and
        (4) perform such other duties as the Secretary and the local 
    stakeholder organization jointly determine appropriate to assist 
    the Secretary in meeting post-closure obligations of the Department 
    at the site.
    (d) Deadline for Establishment.--The local stakeholder organization 
for a Department of Energy 2006 closure site shall be established not 
later than six months before the closure of the site.
    (e) Department of Energy  2006 Closure Site Defined.--In this 
section, the term ``Department of Energy 2006 closure site'' means the 
following:
        (1) The Rocky Flats Environmental Technology Site, Colorado.
        (2) The Fernald Plant, Ohio.
        (3) The Mound Plant, Ohio.

SEC. 3119. REPORT TO CONGRESS ON ADVANCED NUCLEAR WEAPONS CONCEPTS 
              INITIATIVE.

    (a) Report Required.--Not later than March 1, 2005, the 
Administrator for Nuclear Security shall submit to the congressional 
defense committees a detailed report on the planned activities for 
studies under the Advanced Nuclear Weapons Concepts Initiative for 
fiscal year 2005.
    (b) Form of Report.--The report under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

                   Subtitle C--Proliferation Matters

SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTERNATIONAL NUCLEAR 
              MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS 
              OUTSIDE THE FORMER SOVIET UNION.

    (a) Applicability of Authority Limited to Projects Not Previously 
Authorized.--Subsection (a) of section 3124 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1747) is amended by inserting ``that has not previously been authorized 
by Congress'' after ``states of the former Soviet Union''.
    (b) Repeal of Limitation on Total Amount of Obligation.--Such 
section is further amended--
        (1) by striking subsection (c); and
        (2) by redesignating subsections (d), (e), and (f) as 
    subsections (c), (d), and (e), respectively.
    (c) Applicability Beyond Fiscal Year 2004.--Subsection (e) of such 
section (as redesignated by subsection (b)) is amended by striking 
``the funds appropriated pursuant to the authorization of 
appropriations in section 3101(a)(2) for such program'' and inserting 
``the funds appropriated pursuant to an authorization of appropriations 
for the International Nuclear Materials Protection and Cooperation 
Program''.

SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS, 
              RADIOLOGICAL MATERIALS, AND RELATED EQUIPMENT AT 
              VULNERABLE SITES WORLDWIDE.

    (a) Sense of Congress.--(1) It is the sense of Congress that the 
security, including the rapid removal or secure storage, of high-risk, 
proliferation-attractive fissile materials, radiological materials, and 
related equipment at vulnerable sites worldwide should be a top 
priority among the activities to achieve the national security of the 
United States.
    (2) It is the sense of Congress that the President may establish in 
the Department of Energy a task force to be known as the Task Force on 
Nuclear Materials to carry out the program authorized by subsection 
(b).
    (b) Program Authorized.--The Secretary of Energy may carry out a 
program to undertake an accelerated, comprehensive worldwide effort to 
mitigate the threats posed by high-risk, proliferation-attractive 
fissile materials, radiological materials, and related equipment 
located at sites potentially vulnerable to theft or diversion.
    (c) Program Elements.--(1) Activities under the program under 
subsection (b) may include the following:
        (A) Accelerated efforts to secure, remove, or eliminate 
    proliferation-attractive fissile materials or radiological 
    materials in research reactors, other reactors, and other 
    facilities worldwide.
        (B) Arrangements for the secure shipment of proliferation-
    attractive fissile materials, radiological materials, and related 
    equipment to other countries willing to accept such materials and 
    equipment, or to the United States if such countries cannot be 
    identified, and the provision of secure storage or disposition of 
    such materials and equipment following shipment.
        (C) The transportation of proliferation-attractive fissile 
    materials, radiological materials, and related equipment from sites 
    identified as proliferation risks to secure facilities in other 
    countries or in the United States.
        (D) The processing and packaging of proliferation-attractive 
    fissile materials, radiological materials, and related equipment in 
    accordance with required standards for transport, storage, and 
    disposition.
        (E) The provision of interim security upgrades for vulnerable, 
    proliferation-attractive fissile materials, radiological materials, 
    and related equipment pending their removal from their current 
    sites.
        (F) The utilization of funds to upgrade security and accounting 
    at sites where proliferation-attractive fissile materials or 
    radiological materials will remain for an extended period of time 
    in order to ensure that such materials are secure against plausible 
    potential threats and will remain so in the future.
        (G) The management of proliferation-attractive fissile 
    materials, radiological materials, and related equipment at secure 
    facilities.
        (H) Actions to ensure that security, including security 
    upgrades at sites and facilities for the storage or disposition of 
    proliferation-attractive fissile materials, radiological materials, 
    and related equipment, continues to function as intended.
        (I) The provision of technical support to the International 
    Atomic Energy Agency (IAEA), other countries, and other entities to 
    facilitate removal of, and security upgrades to facilities that 
    contain, proliferation-attractive fissile materials, radiological 
    materials, and related equipment worldwide.
        (J) The development of alternative fuels and irradiation 
    targets based on low-enriched uranium to convert research or other 
    reactors fueled by highly-enriched uranium to such alternative 
    fuels, as well as the conversion of reactors and irradiation 
    targets employing highly-enriched uranium to employment of such 
    alternative fuels and targets.
        (K) Accelerated actions for the blend down of highly-enriched 
    uranium to low-enriched uranium.
        (L) The provision of assistance in the closure and 
    decommissioning of sites identified as presenting risks of 
    proliferation of proliferation-attractive fissile materials, 
    radiological materials, and related equipment.
        (M) Programs to--
            (i) assist in the placement of employees displaced as a 
        result of actions pursuant to the program in enterprises not 
        representing a proliferation threat; and
            (ii) convert sites identified as presenting risks of 
        proliferation regarding proliferation-attractive fissile 
        materials, radiological materials, and related equipment to 
        purposes not representing a proliferation threat to the extent 
        necessary to eliminate the proliferation threat.
    (2) The Secretary of Energy shall, in coordination with the 
Secretary of State, carry out the program in consultation with, and 
with the assistance of, appropriate departments, agencies, and other 
entities of the United States Government.
    (3) The Secretary of Energy shall, with the concurrence of the 
Secretary of State, carry out activities under the program in 
collaboration with such foreign governments, non-governmental 
organizations, and other international entities as the Secretary of 
Energy considers appropriate for the program.
    (d) Reports.--(1) Not later than March 15, 2005, the Secretary of 
Energy shall submit to Congress a classified interim report on the 
program under subsection (b).
    (2) Not later than January 1, 2006, the Secretary shall submit to 
Congress a classified final report on the program under subsection (b) 
that includes the following:
        (A) A survey by the Secretary of the facilities and sites 
    worldwide that contain proliferation-attractive fissile materials, 
    radiological materials, or related equipment.
        (B) A list of sites determined by the Secretary to be of the 
    highest priority, taking into account risk of theft from such 
    sites, for removal or security of proliferation-attractive fissile 
    materials, radiological materials, or related equipment, organized 
    by level of priority.
        (C) A plan, including activities under the program under this 
    section, for the removal, security, or both of proliferation-
    attractive fissile materials, radiological materials, or related 
    equipment at vulnerable facilities and sites worldwide, including 
    measurable milestones, metrics, and estimated costs for the 
    implementation of the plan.
    (3) A summary of each report under this subsection shall also be 
submitted to Congress in unclassified form.
    (e) Funding.--Amounts authorized to be appropriated to the 
Secretary of Energy for defense nuclear nonproliferation activities 
shall be available for purposes of the program under this section.
    (f) Definitions.--In this section:
        (1) The term ``fissile materials'' means plutonium, highly-
    enriched uranium, or other material capable of sustaining an 
    explosive nuclear chain reaction, including irradiated items 
    containing such materials if the radiation field from such items is 
    not sufficient to prevent the theft or misuse of such items.
        (2) The term ``radiological materials'' includes Americium-241, 
    Californium-252, Cesium-137, Cobalt-60, Iridium-192, Plutonium-238, 
    Radium-226, Strontium-90, Curium-244, and irradiated items 
    containing such materials, or other materials designated by the 
    Secretary of Energy for purposes of this paragraph.
        (3) The term ``related equipment'' includes equipment useful 
    for enrichment of uranium in the isotope 235 and for extraction of 
    fissile materials from irradiated fuel rods and other equipment 
    designated by the Secretary of Energy for purposes of this section.
        (4) The term ``highly-enriched uranium'' means uranium enriched 
    to or above 20 percent in the isotope 235.
        (5) The term ``low-enriched uranium'' means uranium enriched 
    below 20 percent in the isotope 235.
        (6) The term ``proliferation-attractive'', in the case of 
    fissile materials and radiological materials, means quantities and 
    types of such materials that are determined by the Secretary of 
    Energy to present a significant risk to the national security of 
    the United States if diverted to a use relating to proliferation.

SEC. 3133. SILK ROAD INITIATIVE.

    (a) Program Authorized.--(1) The Secretary of Energy may carry out 
a program, to be known as the Silk Road Initiative, to promote non-
weapons-related employment opportunities for scientists, engineers, and 
technicians formerly engaged in activities to develop and produce 
weapons of mass destruction in Silk Road nations. The program should--
        (A) incorporate best practices under the Initiatives for 
    Proliferation Prevention program; and
        (B) facilitate commercial partnerships between private entities 
    in the United States and scientists, engineers, and technicians in 
    the Silk Road nations.
    (2) Before implementing the program with respect to multiple Silk 
Road nations, the Secretary of Energy shall carry out a pilot program 
with respect to one Silk Road nation selected by the Secretary. It is 
the sense of Congress that the Secretary should select the Republic of 
Georgia.
    (b) Silk Road Nations Defined.--In this section, the Silk Road 
nations are Armenia, Azerbaijan, the Republic of Georgia, Kazakhstan, 
Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
    (c) Funding.--Of the funds authorized to be appropriated to the 
Department of Energy for nonproliferation and international security 
for fiscal year 2005, up to $10,000,000 may be used to carry out this 
section.

SEC. 3134. NUCLEAR NONPROLIFERATION FELLOWSHIPS FOR SCIENTISTS EMPLOYED 
              BY UNITED STATES AND RUSSIAN FEDERATION.

    (a) In General.--(1) From amounts made available to carry out this 
section, the Administrator for Nuclear Security may carry out a program 
under which the Administrator awards, to scientists employed at 
nonproliferation research laboratories of the Russian Federation and 
the United States, international exchange fellowships, to be known as 
Nuclear Nonproliferation Fellowships, in the nuclear nonproliferation 
sciences.
    (2) The purpose of the program shall be to provide opportunities 
for advancement in the nuclear nonproliferation sciences to scientists 
who, as demonstrated by their academic or professional achievements, 
show particular promise of making significant contributions in those 
sciences.
    (3) A fellowship awarded to a scientist under the program shall be 
for collaborative study and training or advanced research at--
        (A) a nonproliferation research laboratory of the Russian 
    Federation, in the case of a scientist employed at a 
    nonproliferation research laboratory of the United States; and
        (B) a nonproliferation research laboratory of the United 
    States, in the case of a scientist employed at a nonproliferation 
    research laboratory of the Russian Federation.
    (4) The duration of a fellowship under the program may not exceed 
two years, except that the Administrator may provide for a longer 
duration in an individual case to the extent warranted by extraordinary 
circumstances, as determined by the Administrator.
    (5) In a calendar year, the Administrator may not award more than--
        (A) one fellowship to a scientist employed at a 
    nonproliferation research laboratory of the Russian Federation; and
        (B) one fellowship to a scientist employed at a 
    nonproliferation research laboratory of the United States.
    (6) A fellowship under the program shall include--
        (A) travel expenses; and
        (B) any other expenses that the Administrator considers 
    appropriate, such as room and board.
    (b) Definitions.--In this section:
        (1) The term ``nonproliferation research laboratory'' means, 
    with respect to a country, a national laboratory of that country at 
    which research in the nuclear nonproliferation sciences is carried 
    out.
        (2) The term ``nuclear nonproliferation sciences'' means bodies 
    of scientific knowledge relevant to developing or advancing the 
    means to prevent or impede the proliferation of nuclear weaponry.
        (3) The term ``scientist'' means an individual who has a degree 
    from an institution of higher education in a science that has 
    practical application in the nuclear nonproliferation sciences.
    (c) Funding.--Amounts available to the Department of Energy for 
defense nuclear nonproliferation activities shall be available for the 
fellowships authorized by subsection (a).

SEC. 3135. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE 
              ELIMINATION OF WEAPONS GRADE PLUTONIUM PRODUCTION 
              PROGRAM.

    Section 3151 of the Bob Stump National Defense Authorization Act 
for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2736; 22 U.S.C. 
5952 note) is amended by adding at the end the following new 
subsection:
    ``(e) International Participation in Program.--(1) In order to 
achieve international participation in the program referred to in 
subsection (a), the Secretary of Energy may, in consultation with the 
Secretary of State, enter into one or more agreements with any person, 
foreign government, or other international organization that the 
Secretary considers appropriate for the contribution of funds by such 
person, government, or organization for purposes of the program.
    ``(2) Notwithstanding section 3302 of title 31, United States Code, 
and subject to paragraphs (3) and (4), the Secretary may retain and 
utilize any amounts contributed by a person, government, or 
organization under an agreement under paragraph (1) for purposes of the 
program without further appropriation and without fiscal year 
limitation.
    ``(3) The Secretary may not utilize under paragraph (2) any amount 
contributed under an agreement under paragraph (1) until 30 days after 
the date on which the Secretary notifies the congressional defense 
committees of the intent to utilize such amount, including the source 
of such amount and the proposed purpose for which such amount will be 
utilized.
    ``(4) If any amount contributed under paragraph (1) has not been 
utilized within five years of receipt under that paragraph, the 
Secretary shall return such amount to the person, government, or 
organization contributing such amount under that paragraph.
    ``(5) Not later than 30 days after the receipt of any amount 
contributed under paragraph (1), the Secretary shall submit to the 
congressional defense committees a notice of the receipt of such 
amount.
    ``(6) Not later than October 31 each year, the Secretary shall 
submit to the congressional defense committees a report on the receipt 
and utilization of amounts under this subsection during the preceding 
fiscal year. Each report for a fiscal year shall set forth--
        ``(A) a statement of any amounts received under this 
    subsection, including the source of each such amount; and
        ``(B) a statement of any amounts utilized under this 
    subsection, including the purpose for which such amounts were 
    utilized.
    ``(7) The authority of the Secretary to accept and utilize amounts 
under this subsection shall expire on December 31, 2011.''.

                       Subtitle D--Other Matters

SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS.

    Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(d)(1)(A)) is amended by striking ``until December 31, 2004'' and 
inserting ``until December 31, 2006''.

SEC. 3142. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR CERTAIN 
              WORKERS AT 2006 CLOSURE SITES AFTER CLOSURE OF SITES.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Assistant Secretary of Energy for 
Environmental Management shall submit to the Secretary of Energy a 
report on the maintenance of retirement benefits for workers at 
Department of Energy 2006 closure sites after closure of such sites.
    (b) Elements.--The report under subsection (a) shall include the 
following:
        (1) The number of workers at Department of Energy 2006 closure 
    sites who would be eligible for regular or early retirement 
    benefits if such sites close on or after their target completion 
    dates, but who would not be eligible for regular or early 
    retirement benefits if such sites close before their target 
    completion dates (by calendar quarter).
        (2) The cost of providing regular or full retirement benefits, 
    after the closure of Department of Energy 2006 closure sites, to 
    workers at such sites who would fail to qualify for regular or 
    early retirement benefits because of the early closure of such 
    sites (by calendar quarter).
        (3) The impact on collective-bargaining agreements and any 
    applicable retirement benefit plan documents covering workers at 
    Department of Energy 2006 closure sites of providing regular or 
    early retirement benefits as set forth herein.
    (c) Transmittal to Congress.--Not later than 30 days after 
receiving the report under subsection (a), the Secretary shall transmit 
the report to Congress, together with such recommendations, including 
recommendations for legislative action, as the Secretary considers 
appropriate.
    (d) Definitions.--In this section:
        (1) The term ``Department of Energy 2006 closure site'' means 
    the following:
            (A) The Rocky Flats Environmental Technology Site, 
        Colorado.
            (B) The Fernald Plant, Ohio.
            (C) The Mound Plant, Ohio.
        (2) The term ``worker'' means any employee who is employed by 
    contract or first or second tier subcontract to perform cleanup, 
    security, or administrative duties or responsibilities at a 
    Department of Energy 2006 closure site.
        (3) The term ``retirement benefits'' means pension, health, and 
    other similar post-retirement benefits.
        (4) The term ``target completion date'', with respect to a 
    Department of Energy 2006 closure site, means the physical 
    completion date specified in the site contracts.

SEC. 3143. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY 
              ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.

    (a) Study.--(1) The Administrator for Nuclear Security shall enter 
into a contract with a Federally Funded Research and Development Center 
(FFRDC) providing for a study to assess the efforts of the National 
Nuclear Security Administration to understand the aging of plutonium in 
nuclear weapons.
    (2) The Administrator shall make available to the FFRDC contractor 
under this subsection all information that is necessary for the 
contractor to successfully complete a meaningful study on a timely 
basis.
    (b) Report Required.--(1) Not later than two years after the date 
of the enactment of this Act, the Administrator shall submit to 
Congress a report on the findings of the study required by subsection 
(a)(1).
    (2) The report shall include the recommendations of the study for 
improving the knowledge, understanding, and application of the 
fundamental and applied sciences related to the study of plutonium 
aging.
    (3) The report shall be submitted in unclassified form, but may 
include a classified annex.

SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS 
              NATIONAL LABORATORY, NEW MEXICO.

    The Secretary of Energy shall require that the primary management 
and operations contract for Los Alamos National Laboratory, New Mexico, 
that involves Laboratory operations after September 30, 2005, shall 
contain terms requiring the contractor under such contract to provide 
support to the Los Alamos Public School District, New Mexico, for the 
elementary and secondary education of students in the school district 
in the amount of $8,000,000 in each fiscal year.

SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, NEW MEXICO, PURSUANT 
              TO COMPETITIVE CONTRACT.

    (a) Contract Requirement.--The Secretary of Energy shall use 
competitive procedures to enter into a contract to conduct independent 
reviews and evaluations of the design, construction, and operations of 
the Waste Isolation Pilot Plant in New Mexico (in this section referred 
to as the ``WIPP'') as they relate to the protection of the public 
health and safety and the environment. The contract shall be for a 
period of one year, beginning on October 1, 2004, and shall be 
renewable for four additional one-year periods with the consent of the 
contractor and subject to the authorization and appropriation of funds 
for such purpose.
    (b) Content of Contract.--A contract entered into under subsection 
(a) shall require the following:
        (1) The contractor shall appoint a Director and Deputy 
    Director, who shall be scientists of national eminence in the field 
    of nuclear waste disposal, shall be free from any biases related to 
    the activities of the WIPP, and shall be widely known for their 
    integrity and scientific expertise.
        (2) The Director shall appoint staff. The professional staff 
    shall consist of scientists and engineers of recognized integrity 
    and scientific expertise who represent scientific and engineering 
    disciplines needed for a thorough review of the WIPP, including 
    disciplines such as geology, hydrology, health physics, 
    environmental engineering, probability risk analysis, mining 
    engineering, and radiation chemistry. The disciplines represented 
    in the staff shall change as may be necessary to meet changed needs 
    in carrying out the contract for expertise in any certain 
    scientific or engineering discipline. Scientists and engineers 
    employed under the contract shall have qualifications and 
    experience equivalent to the qualifications and experience required 
    for scientists and engineers employed by the Federal Government in 
    grades GS-13 through GS-15.
        (3) Scientists and engineers employed under the contract shall 
    have an appropriate support staff.
        (4) The Director and Deputy Director shall each be appointed 
    for a term of 5 years, subject to contract renewal, and may be 
    removed only for misconduct or incompetence. The staff shall be 
    appointed for such terms as the Director considers appropriate.
        (5) The rates of pay of professional staff and the procedures 
    for increasing the rates of pay of professional staff shall be 
    equivalent to those rates and procedures provided for the General 
    Schedule pay system under chapter 53 of title 5, United States 
    Code.
        (6) The results of reviews and evaluations carried out under 
    the contract shall be published.
    (c) Administration.--The contractor shall establish general 
policies and guidelines to be used by the Director in carrying out the 
work under the contract.

SEC. 3146. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY 
              DEPARTMENT OF ENERGY OF CERTAIN RADIOACTIVE WASTE 
              STREAMS.

    (a) Study Required.--The Secretary of Energy shall, as soon as 
practicable, enter into an arrangement with the National Research 
Council of the National Academy of Sciences to carry out a study of the 
plans of the Department of Energy to manage those waste streams 
specified in subsection (b) that--
        (1) exceed the concentration limits for Class C low-level waste 
    as set out in section 61.55 of title 10, Code of Federal 
    Regulations; and
        (2) the Department plans to dispose of on the sites specified 
    in subsection (b)(3) rather than in a repository for spent nuclear 
    fuel and high-level waste.
    (b) Covered Waste Streams.--The waste streams referred to in 
subsection (a) are the streams of waste, from reprocessed spent nuclear 
fuel, that--
        (1) exceed the concentration limits for Class C low-level waste 
    as set out in section 61.55 of title 10, Code of Federal 
    Regulations;
        (2) the Department does not plan for disposal in a repository 
    for spent nuclear fuel and high-level waste; and
        (3) are stored in tanks at the following sites:
            (A) The Savannah River Site, South Carolina.
            (B) The Idaho National Engineering Laboratory, Idaho.
            (C) The Hanford Reservation, Washington.
    (c) Matters Included.--The study required by subsection (a) shall 
evaluate--
        (1) the state of the Department's understanding of the 
    physical, chemical, and radiological characteristics of the waste 
    referred to in subsection (b), including an assessment of data 
    uncertainties;
        (2) any actions additional to those contained in current plans 
    that the Department should consider to ensure that the plans 
    referred to in subsection (a) will comply with the performance 
    objectives of part 61 of title 10, Code of Federal Regulations;
        (3) the adequacy of the Department's plans for monitoring 
    disposal sites and the surrounding environment to verify compliance 
    with those performance objectives;
        (4) existing technology alternatives to the plans referred to 
    in subsection (a) and, for each such alternative, an assessment of 
    the cost, consequences for worker safety, and long-term 
    consequences for environmental and human health;
        (5) any technology gaps that exist to effect improved 
    efficiency in removal and treatment of waste from the tanks 
    referred to in subsection (b)(3); and
        (6) any other matters that the National Research Council 
    considers appropriate and directly related to the subject matter of 
    the study.
    (d) Recommendations.--In carrying out the study required by 
subsection (a), the National Research Council may develop 
recommendations it considers appropriate and directly related to the 
subject matter of the study. It is the sense of Congress that the 
National Research Council should develop recommendations on--
        (1) improvements to the scientific and technical basis for 
    managing the waste covered by the study, including the 
    identification of technology alternatives and mitigation of 
    technology gaps; and
        (2) the best means of monitoring any on-site disposal sites 
    from the waste streams referred to in subsection (b), to include 
    soil, groundwater, and surface water monitoring.
    (e) Reports.--(1) The National Research Council shall submit to the 
Secretary of Energy and the congressional committees described in 
paragraph (2)--
        (A) not later than six months after entering into the 
    arrangement required by subsection (a), an interim report on the 
    study that, with respect to the requirements of subsection (c)(2), 
    specifically addresses any additional actions the Department should 
    consider to ensure that the Department's plans for the Savannah 
    River Site, including plans for grouting of tanks, will comply with 
    the performance objectives referred to in that subsection in a more 
    effective manner; and
        (B) not later than one year after entering into the arrangement 
    required by subsection (a), a final report on the study that 
    includes all findings, conclusions, and recommendations.
    (2) The congressional committees referred to in paragraph (1) are 
as follows:
        (A) The Committee on Appropriations, Committee on Armed 
    Services, and Committee on Energy and Commerce of the House of 
    Representatives.
        (B) The Committee on Appropriations, Committee on Armed 
    Services, Committee on Energy and Natural Resources, and Committee 
    on Environment and Public Works of the Senate.
    (f) Provision of Information.--The Secretary of Energy shall, in a 
timely manner, make available to the National Research Council all 
information that the National Research Council considers necessary to 
carry out its responsibilities under this section.
    (g) Rule of Construction.--This section shall not be construed to 
affect section 3116.
    (h) Funding.--Of the amounts made available to the Department of 
Energy pursuant to the authorization of appropriations in section 3102, 
$1,500,000 shall be available only for carrying out the study required 
by this section.

SEC. 3147. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO, HOMESTEADERS 
              FOR ACQUISITION OF LANDS FOR MANHATTAN PROJECT IN WORLD 
              WAR II.

    (a) Establishment of Compensation Fund.--There is established in 
the Treasury of the United States a fund to be known as the Pajarito 
Plateau Homesteaders Compensation Fund (in this section referred to as 
the ``Fund''). The Fund shall be dedicated to the settlement of the two 
lawsuits in the United States District Court for the District of New 
Mexico consolidated as Civ. No. 00-60.
    (b) Elements of Fund.--The Fund shall consist of the following:
        (1) Amounts available for deposit in the Fund under subsection 
    (j).
        (2) Interest earned on amounts in the Fund under subsection 
    (g).
    (c) Use of Fund.--The Fund shall be available for the settlement of 
the consolidated lawsuits in accordance with the following 
requirements:
        (1) The settlement shall be subject to preliminary and final 
    approval by the Court in accordance with rule 23(e) of the Federal 
    Rules of Civil Procedure.
        (2) The Court shall appoint a special master in accordance with 
    rule 53 of the Federal Rules of Civil Procedure to--
            (A) identify class members;
            (B) receive claims from class members so identified;
            (C) determine in accordance with subsection (d) eligible 
        claimants from among class members so identified;
            (D) resolve contests, if any, among claimants with respect 
        to a particular eligible tract, regarding the disbursement of 
        monies in the Fund with respect to that eligible tract; and
            (E) address such other matters as the Court may order.
        (3) Lead counsel for claimants shall provide evidence to the 
    special master to assist the special master in the duties set forth 
    in paragraph (2).
        (4) If more than 10 percent of the class members object to the 
    settlement, or the Court fails to approve the settlement--
            (A) the Fund shall not serve as the basis for the 
        settlement of the consolidated lawsuits and the provisions of 
        this section shall have no further force or effect; and
            (B) amounts in the Fund shall not be disbursed, but shall 
        be retained in the Treasury as miscellaneous receipts.
        (5) The Court may award compensation for the special master and 
    attorney fees and expenses from the Fund pursuant to rule 23 of the 
    Federal Rules of Civil Procedure, except that the award of attorney 
    fees may not exceed 20 percent of the Fund and the award of 
    expenses may not exceed 2 percent of the Fund. Any compensation and 
    attorney fees and expenses so paid shall be paid from the Fund by 
    the Court before distribution of the amount in the Fund to eligible 
    claimants entitled thereto.
        (6) The Fund shall be available to pay settlement awards in 
    accordance with the following:
            (A) The balance of the amount of the Fund that is available 
        for disbursement after any award of attorney fees and expenses 
        under paragraph (5) shall be allocated proportionally by 
        eligible tract according to its acreage as compared with all 
        eligible tracts.
            (B) The allocation for each eligible tract shall be 
        allocated pro rata among all eligible claimants having an 
        interest in such eligible tract according to the extent of 
        their interest in such eligible tract, as determined under the 
        laws of the State of New Mexico.
        (7) The special master shall disburse the allocated amounts 
    from the Fund after approval by the Court.
        (8) Any amounts available for disbursement with respect to an 
    eligible tract that are not awarded to eligible claimants with 
    respect to that tract shall be retained in the Treasury as 
    miscellaneous receipts.
    (d) Eligible Claimants.--(1) For purposes of this section, an 
eligible claimant is any class member determined by the Court, by a 
preponderance of evidence, to be a person or entity who held a fee 
simple ownership in an eligible tract at the time of its acquisition by 
the United States during World War II for use in the Manhattan Project, 
or the heir, successor in interest, assignee, or beneficiary of such a 
person or entity.
    (2) The status of a person or entity as an heir, successor in 
interest, assignee, or beneficiary for purposes of this subsection 
shall be determined under the laws of the State of New Mexico, 
including the descent and distribution law of the State of New Mexico.
    (e) Full Resolution of Claims Against United States.--(1) The 
acceptance of a disbursement from the Fund by an eligible claimant 
under this section shall constitute a final and complete release of the 
defendants in the consolidated lawsuits with respect to such eligible 
claimant, and shall be in full satisfaction of any and all claims of 
such eligible claimant against the United States arising out of acts 
described in the consolidated lawsuits.
    (2) Upon the disbursement of the amount in the Fund to eligible 
claimants entitled thereto under this section, the Court shall, subject 
to the provisions of rule 23(e) of the Federal Rules of Civil 
Procedure, enter a final judgment dismissing with prejudice the 
consolidated lawsuits and all claims and potential claims on matters 
covered by the consolidated lawsuits.
    (f) Compensation Limited to Amounts in Fund.--(1) An eligible 
claimant may be paid under this section only from amounts in the Fund.
    (2) Nothing in this section shall authorize the payment to a class 
member by the United States Government of any amount authorized by this 
section from any source other than the Fund.
    (g) Investment of Fund.--(1) The Secretary of the Treasury shall, 
in accordance with the requirements of section 9702 of title 31, United 
States Code, and the provisions of this subsection, direct the form and 
manner by which the Fund shall be safeguarded and invested so as to 
maximize its safety while earning a return comparable to other common 
funds in which the United States Treasury is the source of payment.
    (2) Interest on the amount deposited in the Fund shall accrue from 
the date of the enactment of the Act appropriating amounts for deposit 
in the Fund until the date on which the Secretary of the Treasury 
disburses the amount in the Fund to eligible claimants who are entitled 
thereto under subsection (c).
    (h) Preservation of Records.--(1) All documents, personal 
testimony, and other records created or received by the Court in the 
consolidated lawsuits shall be kept and maintained by the Archivist of 
the United States, who shall preserve such documents, testimony, and 
records in the National Archives of the United States.
    (2) The Archivist shall make available to the public the materials 
kept and maintained under paragraph (1).
    (i) Definitions.--In this section:
        (1) The term ``Court'' means the United States District Court 
    for the District of New Mexico having jurisdiction over the 
    consolidated lawsuits.
        (2) The term ``consolidated lawsuits'' means the two lawsuits 
    in the United States District Court for the District of New Mexico 
    consolidated as Civ. No. 00-60.
        (3)(A) The term ``eligible tract'' means private real property 
    located on the Pajarito Plateau of what is now Los Alamos County, 
    New Mexico, that was acquired by the United States during World War 
    II for use in the Manhattan Project and which is the subject of the 
    consolidated lawsuits.
        (B) The term does not include lands of the Los Alamos Ranch 
    School and of the A.M. Ross Estate (doing business as Anchor 
    Ranch).
        (4) The term ``class member'' means the following:
            (A) Any person or entity who claims to have held a fee 
        simple ownership in an eligible tract at the time of its 
        acquisition by the United States during World War II for use in 
        the Manhattan Project.
            (B) Any person or entity claiming to be the heir, successor 
        in interest, assignee, or beneficiary of a person or entity who 
        held a fee simple ownership in an eligible tract at the time of 
        its acquisition by the United States during World War II for 
        use in the Manhattan Project.
    (j) Funding.--Of the amount authorized to be appropriated by 
section 3101(a)(4) for the National Nuclear Security Administration for 
the Office of the Administrator for Nuclear Security, $10,000,000 shall 
be available for deposit in the Fund under subsection (b)(1).

SEC. 3148. MODIFICATION OF REQUIREMENTS RELATING TO CONVEYANCES AND 
              TRANSFER OF CERTAIN LAND AT LOS ALAMOS NATIONAL 
              LABORATORY, NEW MEXICO.

    Section 632(a) of Public Law 105-119 (111 Stat. 2523; 42 U.S.C. 
2391 note) is amended--
        (1) in paragraph (1)--
            (A) by inserting ``except as provided in paragraph (2),'' 
        before ``convey''; and
            (B) by striking ``and'' at the end;
        (2) by redesignating paragraph (2) as paragraph (3); and
        (3) by inserting after paragraph (1) the following new 
    paragraph (2):
        ``(2) notwithstanding paragraph (1) and the agreement under 
    subsection (e), convey, without consideration, to the Board of 
    Education of the Los Alamos Public Schools, New Mexico, within the 
    County, fee title to the parcels of land identified by the 
    Department of Energy as Parcel A-8 and Parcel A-15-1 that are 
    currently located in Technical Area-21 of Los Alamos National 
    Laboratory upon the entry of Los Alamos Public Schools and the 
    County into an agreement for the use of the parcel of land 
    identified as Parcel A-8; and''.

 Subtitle E--Energy Employees Occupational Illness Compensation Program

SEC. 3161. CONTRACTOR EMPLOYEE COMPENSATION.

    The Energy Employees Occupational Illness Compensation Program Act 
of 2000 (title XXXVI of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106-398)) is amended by adding after subtitle D (42 U.S.C. 7385o) 
the following new title:

             ``Subtitle E--Contractor Employee Compensation

``SEC. 3671. DEFINITIONS.

    ``In this subtitle:
        ``(1) The term `covered DOE contractor employee' means any 
    Department of Energy contractor employee determined under section 
    3675 to have contracted a covered illness through exposure at a 
    Department of Energy facility.
        ``(2) The term `covered illness' means an illness or death 
    resulting from exposure to a toxic substance.
        ``(3) The term `Secretary' means the Secretary of Labor.

``SEC. 3672. COMPENSATION TO BE PROVIDED.

    ``Subject to the other provisions of this subtitle:
        ``(1) Contractor employees.--A covered DOE contractor employee 
    shall receive contractor employee compensation under this subtitle 
    in accordance with section 3673.
        ``(2) Survivors.--After the death of a covered DOE contractor 
    employee, compensation referred to in paragraph (1) shall not be 
    paid. Instead, the survivor of that employee shall receive 
    compensation as follows:
            ``(A) Except as provided in subparagraph (B), the survivor 
        of that employee shall receive contractor employee compensation 
        under this subtitle in accordance with section 3674.
            ``(B) In a case in which the employee's death occurred 
        after the employee applied under this subtitle and before 
        compensation was paid under paragraph (1), and the employee's 
        death occurred from a cause other than the covered illness of 
        the employee, the survivor of that employee may elect to 
        receive, in lieu of compensation under subparagraph (A), the 
        amount of contractor employee compensation that the employee 
        would have received in accordance with section 3673 if the 
        employee's death had not occurred before compensation was paid 
        under paragraph (1).

``SEC. 3673. COMPENSATION SCHEDULE FOR CONTRACTOR EMPLOYEES.

    ``(a) Compensation Provided.--The amount of contractor employee 
compensation under this subtitle for a covered DOE contractor employee 
shall be the sum of the amounts determined under paragraphs (1) and 
(2), as follows:
        ``(1) Impairment.--(A) The Secretary shall determine--
            ``(i) the minimum impairment rating of that employee, 
        expressed as a number of percentage points; and
            ``(ii) the number of those points that are the result of 
        any covered illness contracted by that employee through 
        exposure to a toxic substance at a Department of Energy 
        facility.
        ``(B) The employee shall receive an amount under this paragraph 
    equal to $2,500 multiplied by the number referred to in clause (ii) 
    of subparagraph (A).
        ``(2) Wage loss.--(A) The Secretary shall determine--
            ``(i) the calendar month during which the employee first 
        experienced wage loss as the result of any covered illness 
        contracted by that employee through exposure to a toxic 
        substance at a Department of Energy facility;
            ``(ii) the average annual wage of the employee for the 36-
        month period immediately preceding the calendar month referred 
        to in clause (i), excluding any portions of that period during 
        which the employee was unemployed; and
            ``(iii) beginning with the calendar year that includes the 
        calendar month referred to in clause (i), through and including 
        the calendar year during which the employee attained normal 
        retirement age (for purposes of the Social Security Act)--
                ``(I) the number of calendar years during which, as the 
            result of any covered illness contracted by that employee 
            through exposure to a toxic substance at a Department of 
            Energy facility, the employee's annual wage exceeded 50 
            percent of the average annual wage determined under clause 
            (ii), but did not exceed 75 percent of the average annual 
            wage determined under clause (ii); and
                ``(II) the number of calendar years during which, as 
            the result of any covered illness contracted by that 
            employee through exposure to a toxic substance at a 
            Department of Energy facility, the employee's annual wage 
            did not exceed 50 percent of the average annual wage 
            determined under clause (ii).
        ``(B) The employee shall receive an amount under this paragraph 
    equal to the sum of--
            ``(i) $10,000 multiplied by the number referred to in 
        clause (iii)(I) of subparagraph (A); and
            ``(ii) $15,000 multiplied by the number referred to in 
        clause (iii)(II) of subparagraph (A).
    ``(b) Determination of Minimum Impairment Rating.--For purposes of 
subsection (a), a minimum impairment rating shall be determined in 
accordance with the American Medical Association's Guides to the 
Evaluation of Permanent Impairment.

``SEC. 3674. COMPENSATION SCHEDULE FOR SURVIVORS.

    ``(a) Categories of Compensation.--The amount of contractor 
employee compensation under this subtitle for the survivor of a covered 
DOE contractor employee shall be determined as follows:
        ``(1) Category one.--The survivor shall receive the amount of 
    $125,000, if the Secretary determines that--
            ``(A) the employee would have been entitled to compensation 
        under section 3675 for a covered illness; and
            ``(B) it is at least as likely as not that exposure to a 
        toxic substance at a Department of Energy facility was a 
        significant factor in aggravating, contributing to, or causing 
        the death of such employee.
        ``(2) Category two.--The survivor shall receive the amount of 
    $150,000, if paragraph (1) applies to the employee and the 
    Secretary also determines that there was an aggregate period of not 
    less than 10 years, before the employee attained normal retirement 
    age (for purposes of the Social Security Act), during which, as the 
    result of any covered illness contracted by that employee through 
    exposure to a toxic substance at a Department of Energy facility, 
    the employee's annual wage did not exceed 50 percent of the average 
    annual wage of that employee, as determined under section 
    3673(a)(2)(A)(ii).
        ``(3) Category three.--The survivor shall receive the amount of 
    $175,000, if paragraph (1) applies to the employee and the 
    Secretary also determines that there was an aggregate period of not 
    less than 20 years, before the employee attained normal retirement 
    age (for purposes of the Social Security Act), during which, as the 
    result of any covered illness contracted by that employee through 
    exposure to a toxic substance at a Department of Energy facility, 
    the employee's annual wage did not exceed 50 percent of the average 
    annual wage of that employee, as determined under section 
    3673(a)(2)(A)(ii).
    ``(b) One Amount Only.--The survivor of a covered DOE contractor 
employee to whom more than one amount under subsection (a) applies 
shall receive only the highest such amount.
    ``(c) Determination and Allocation of Shares.--The amount under 
subsection (a) shall be paid only as follows:
        ``(1) If a covered spouse is alive at the time of payment, such 
    payment shall be made to such surviving spouse.
        ``(2) If there is no covered spouse described in paragraph (1), 
    such payment shall be made in equal shares to all covered children 
    who are alive at the time of payment.
        ``(3) Notwithstanding the other provisions of this subsection, 
    if there is--
            ``(A) a covered spouse described in paragraph (1); and
            ``(B) at least one covered child of the employee who is 
        living at the time of payment and who is not a recognized 
        natural child or adopted child of such covered spouse,
    then half of such payment shall be made to such covered spouse, and 
    the other half of such payment shall be made in equal shares to 
    each covered child of the employee who is living at the time of 
    payment.
    ``(d) Definitions.--In this section:
        ``(1) The term `covered spouse' means a spouse of the employee 
    who was married to the employee for at least one year immediately 
    before the employee's death.
        ``(2) The term `covered child' means a child of the employee 
    who, as of the employee's death--
            ``(A) had not attained the age of 18 years;
            ``(B) had not attained the age of 23 years and was a full-
        time student who had been continuously enrolled as a full-time 
        student in one or more educational institutions since attaining 
        the age of 18 years; or
            ``(C) had been incapable of self-support.
        ``(3) The term `child' includes a recognized natural child, a 
    stepchild who lived with an individual in a regular parent-child 
    relationship, and an adopted child.

``SEC. 3675. DETERMINATIONS REGARDING CONTRACTION OF COVERED ILLNESSES.

    ``(a) Cases Determined Under Subtitle B.--A determination under 
subtitle B that a Department of Energy contractor employee is entitled 
to compensation under that subtitle for an occupational illness shall 
be treated for purposes of this subtitle as a determination that the 
employee contracted that illness through exposure at a Department of 
Energy facility.
    ``(b) Cases Determined Under Former Subtitle D.--In the case of a 
covered illness of an employee with respect to which a panel has made a 
positive determination under section 3661(d) and the Secretary of 
Energy has accepted that determination under section 3661(e)(2), or 
with respect to which a panel has made a negative determination under 
section 3661(d) and the Secretary of Energy has found significant 
evidence to the contrary under section 3661(e)(2), that determination 
shall be treated for purposes of this subtitle as a determination that 
the employee contracted the covered illness through exposure at a 
Department of Energy facility.
    ``(c) Other Cases.--(1) In any other case, a Department of Energy 
contractor employee shall be determined for purposes of this subtitle 
to have contracted a covered illness through exposure at a Department 
of Energy facility if--
        ``(A) it is at least as likely as not that exposure to a toxic 
    substance at a Department of Energy facility was a significant 
    factor in aggravating, contributing to, or causing the illness; and
        ``(B) it is at least as likely as not that the exposure to such 
    toxic substance was related to employment at a Department of Energy 
    facility.
    ``(2) A determination under paragraph (1) shall be made by the 
Secretary.
    ``(d) Applications by Spouses and Children.--If a spouse or child 
of a Department of Energy contractor employee applies for benefits 
under this subtitle, the Secretary shall make a determination under 
this section with respect to that employee without regard to whether 
the spouse is a `covered spouse', or the child is a `covered child', 
under this subtitle.

``SEC. 3676. APPLICABILITY TO CERTAIN URANIUM EMPLOYEES.

    ``(a) In General.--This subtitle shall apply to--
        ``(1) a section 5 payment recipient who contracted a section 5 
    illness through a section 5 exposure at a section 5 facility, or
        ``(2) a section 5 uranium worker determined under section 
    3675(c) to have contracted a covered illness through exposure to a 
    toxic substance at a section 5 mine or mill,
(or to the survivor of that employee, as applicable) on the same basis 
as it applies to a Department of Energy contractor employee determined 
under section 3675 to have contracted a covered illness through 
exposure to a toxic substance at a Department of Energy facility (or to 
the survivor of that employee, as applicable).
    ``(b) Definitions.--In this section:
        ``(1) The term `section 5 payment recipient' means an 
    individual who receives, or has received, $100,000 under section 5 
    of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) 
    for a claim made under that Act.
        ``(2) The terms `section 5 exposure', `section 5 facility', and 
    `section 5 illness' mean the exposure, facility, and illness, 
    respectively, to which an individual's status as a section 5 
    payment recipient relates.
        ``(3) The term `section 5 uranium worker' means an individual 
    to whom subsection (a)(1)(A)(i) of section 5 of the Radiation 
    Exposure Compensation Act applies (whether directly or by reason of 
    subsection (a)(2)).
        ``(4) The term `section 5 mine or mill' means the mine or mill 
    to which an individual's status as a section 5 uranium worker 
    relates.

``SEC. 3677. ADMINISTRATIVE AND JUDICIAL REVIEW.

    ``(a) Judicial Review.--A person adversely affected or aggrieved by 
a final decision of the Secretary under this subtitle may review that 
order in the United States district court in the district in which the 
injury was sustained, the employee lives, the survivor lives, or the 
District of Columbia, by filing in such court within 60 days after the 
date on which that final decision was issued a written petition praying 
that such decision be modified or set aside. The person shall also 
provide a copy of the petition to the Secretary. Upon such filing, the 
court shall have jurisdiction over the proceeding and shall have the 
power to affirm, modify, or set aside, in whole or in part, such 
decision. The court may modify or set aside such decision only if the 
court determines that such decision was arbitrary and capricious.
    ``(b) Administrative Review.--The Secretary shall ensure that 
recommended decisions of the Secretary with respect to a claim under 
this subtitle are subject to administrative review. The Secretary shall 
prescribe regulations for carrying out such review or shall apply to 
this subtitle the regulations applicable to recommended decisions under 
subtitle B.

``SEC. 3678. PHYSICIANS SERVICES.

    ``(a) In General.--The Secretary may utilize the services of 
physicians for purposes of making determinations under this subtitle.
    ``(b) Physicians.--Any physicians whose services are utilized under 
subsection (a) of this section shall possess appropriate expertise and 
experience in the evaluation and determination of the extent of 
permanent physical impairments or in the evaluation and diagnosis of 
illnesses or deaths aggravated, contributed to, or caused by exposure 
to toxic substances.
    ``(c) Arrangement.--The Secretary may secure the services of 
physicians utilized under subsection (a) of this section through the 
appointment of physicians or by contract.

``SEC. 3679. MEDICAL BENEFITS.

    ``A covered DOE contractor employee shall be furnished medical 
benefits specified in section 3629 for the covered illness to the same 
extent, and under the same conditions and limitations, as an individual 
eligible for medical benefits under that section is furnished medical 
benefits under that section.

``SEC. 3680. ATTORNEY FEES.

    ``Section 3648 shall apply to a payment under this subtitle to the 
same extent that it applies to a payment under subtitle B.

``SEC. 3681. ADMINISTRATIVE MATTERS.

    ``(a) In General.--The Secretary shall administer this subtitle.
    ``(b) Contract Authority.--The Secretary may enter into contracts 
with appropriate persons and entities to administer this subtitle.
    ``(c) Records.--(1)(A) The Secretary of Energy shall provide to the 
Secretary all records, files, and other data, whether paper, 
electronic, imaged, or otherwise, developed by the Secretary of Energy 
that are applicable to the administration of this subtitle, including 
records, files, and data on facility industrial hygiene, employment of 
individuals or groups, exposure and medical records, and claims 
applications.
    ``(B) In providing records, files, and other data under this 
paragraph, the Secretary of Energy shall preserve the current 
organization of such records, files, and other data, and shall provide 
such description and indexing of such records, files, and other data as 
the Secretary considers appropriate to facilitate their use by the 
Secretary.
    ``(2) The Secretary of Energy and the Secretary shall jointly 
undertake such actions as are appropriate to retrieve records 
applicable to the claims of Department of Energy contractor employees 
for contractor employee compensation under this subtitle, including 
employment records, records of exposure to beryllium, radiation, 
silica, or other toxic substances, and records regarding medical 
treatment.
    ``(d) Information.--At the request of the Secretary, the Secretary 
of Energy and any contractor who employed a Department of Energy 
contractor employee shall, within time periods specified by the 
Secretary, provide to the Secretary and to the employee information or 
documents in response to the request.
    ``(e) Regulations.--The Secretary shall prescribe regulations 
necessary for the administration of this subtitle. The initial 
regulations shall be prescribed not later than 210 days after the date 
of the enactment of this subtitle. The Secretary may prescribe interim 
final regulations necessary to meet the deadlines specified in this 
subtitle.
    ``(f) Transition Provisions.--(1) The Secretary shall commence the 
administration of the provisions of this subtitle not later than 210 
days after the date of the enactment of this subtitle.
    ``(2) Until the commencement of the administration of this 
subtitle, the Department of Energy Physicians Panels appointed pursuant 
to subtitle D shall continue to consider and issue determinations 
concerning any cases pending before such Panels immediately before the 
date of the enactment of this subtitle.
    ``(3) The Secretary shall take such actions as are appropriate to 
identify other activities under subtitle D that will continue until the 
commencement of the administration of subtitle E.
    ``(g) Previous Applications.--Upon the commencement of the 
administration of this subtitle, any application previously filed with 
the Secretary of Energy pursuant to subtitle D shall be considered to 
have been filed with the Secretary as a claim for benefits pursuant to 
this subtitle.

``SEC. 3682. COORDINATION OF BENEFITS WITH RESPECT TO STATE WORKERS 
              COMPENSATION.

    ``(a) In General.--An individual who has been awarded compensation 
under this subtitle, and who has also received benefits from a State 
workers compensation system by reason of the same covered illness, 
shall receive compensation specified in this subtitle reduced by the 
amount of any workers compensation benefits, other than medical 
benefits and benefits for vocational rehabilitation, that the 
individual has received under the State workers compensation system by 
reason of the covered illness, after deducting the reasonable costs, as 
determined by the Secretary, of obtaining those benefits under the 
State workers compensation system.
    ``(b) Waiver.--The Secretary may waive the provisions of subsection 
(a) if the Secretary determines that the administrative costs and 
burdens of implementing subsection (a) with respect to a particular 
case or class of cases justifies such a waiver.
    ``(c) Information.--Notwithstanding any other provision of law, 
each State workers compensation authority shall, upon request of the 
Secretary, provide to the Secretary on a quarterly basis information 
concerning workers compensation benefits received by any covered DOE 
contractor employee entitled to compensation or benefits under this 
subtitle, which shall include the name, Social Security number, and 
nature and amount of workers compensation benefits for each such 
employee for which the request was made.

``SEC. 3683. MAXIMUM AGGREGATE COMPENSATION.

    ``For each individual whose illness or death serves as the basis 
for compensation or benefits under this subtitle, the total amount of 
compensation (other than medical benefits) paid under this subtitle, to 
all persons, in the aggregate, on the basis of that illness or death 
shall not exceed $250,000.

``SEC. 3684. FUNDING OF ADMINISTRATIVE COSTS.

    ``There is authorized and hereby appropriated to the Secretary for 
fiscal year 2005 and thereafter such sums as may be necessary to carry 
out this subtitle.

``SEC. 3685. PAYMENT OF COMPENSATION AND BENEFITS FROM COMPENSATION 
              FUND.

    ``The compensation and benefits provided under this title, when 
authorized or approved by the President, shall be paid from the 
compensation fund established under section 3612.

``SEC. 3686. OFFICE OF OMBUDSMAN.

    ``(a) Establishment.--There is established in the Department of 
Labor an office to be known as the `Office of the Ombudsman' (in this 
section referred to as the `Office').
    ``(b) Head.--The head of the Office shall be the Ombudsman. The 
individual serving as Ombudsman shall be either of the following:
        ``(1) An officer or employee of the Department of Labor 
    designated by the Secretary for purposes of this section from among 
    officers and employees of the Department who have experience and 
    expertise necessary to carry out the duties of the Office specified 
    in subsection (c).
        ``(2) An individual employed by the Secretary from the private 
    sector from among individuals in the private sector who have 
    experience and expertise necessary to carry out the duties of the 
    Office specified in subsection (c).
    ``(c) Duties.--The duties of the Office shall be as follows:
        ``(1) To provide information on the benefits available under 
    this subtitle and on the requirements and procedures applicable to 
    the provision of such benefits.
        ``(2) To make recommendations to the Secretary regarding the 
    location of centers (to be known as `resource centers') for the 
    acceptance and development of claims for benefits under this 
    subtitle.
        ``(3) To carry out such other duties with respect to this 
    subtitle as the Secretary shall specify for purposes of this 
    section.
    ``(d) Independent Office.--The Secretary shall take appropriate 
actions to ensure the independence of the Office within the Department 
of Labor, including independence from other officers and employees of 
the Department engaged in activities relating to the administration of 
the provisions of this subtitle.
    ``(e) Annual Report.--(1) Not later than February 15 each year, the 
Ombudsman shall submit to Congress a report on activities under this 
subtitle.
    ``(2) Each report under paragraph (1) shall set forth the 
following:
        ``(A) The number and types of complaints, grievances, and 
    requests for assistance received by the Ombudsman under this 
    subtitle during the preceding year.
        ``(B) An assessment of the most common difficulties encountered 
    by claimants and potential claimants under this subtitle during the 
    preceding year.
    ``(3) The first report under paragraph (1) shall be the report 
submitted in 2006.
    ``(f) Outreach.--The Secretary of Labor and the Secretary of Health 
and Human Services shall each undertake outreach to advise the public 
of the existence and duties of the Office.
    ``(g) Sunset.--Effective on the date that is 3 years after the date 
of the enactment of this section, this section shall have no further 
force or effect.''.

SEC. 3162. CONFORMING AMENDMENTS.

    (a) Offset for Certain Payments.--Section 3641 of the Energy 
Employees Occupational Illness Compensation Program Act of 2000 (42 
U.S.C. 7385) is amended--
        (1) by striking ``subtitle B'' and inserting ``this title''; 
    and
        (2) by striking ``on account of'' and all that follows through 
    the period at the end and inserting ``on account of the exposure 
    for which compensation is payable under this title.''.
    (b) Subrogation of the United States.--Section 3642 of such Act (42 
U.S.C. 7385a) is amended by striking ``subtitle B'' and inserting 
``this title''.
    (c) Payment in Full Settlement of Claims.--Section 3643 of such Act 
(42 U.S.C. 7385b) is amended by striking ``The acceptance'' and 
inserting ``Except as provided in subtitle E, the acceptance''.
    (d) Exclusivity of Remedy.--Section 3644 of such Act (42 U.S.C. 
7385c(a)) is amended by adding at the end the following new subsection:
    ``(d) Applicability to Subtitle E.--This section applies with 
respect to subtitle E to the covered medical condition or covered 
illness or death of a covered DOE contractor employee on the same basis 
as it applies with respect to subtitle B to the cancer (including a 
specified cancer), chronic silicosis, covered beryllium illness, or 
death of a covered employee.''.
    (e) Certification of Treatment of Payments Under Other Laws.--
Section 3646 of such Act (42 U.S.C. 7385e) is amended by striking 
``subtitle B'' and inserting ``this title''.
    (f) Claims Not Assignable or Transferable.--Section 3647(a) of such 
Act (42 U.S.C. 7385f(a)) is amended by striking ``subtitle B'' and 
inserting ``this title''.
    (g) Certain Claims Not Affected By Awards of Damages.--Section 3649 
of such Act (42 U.S.C. 7385h) is amended by striking ``subtitle B'' 
both places such term appears and inserting ``this title''.
    (h) Forfeiture of Benefits by Convicted Felons.--Section 3650 of 
such Act (42 U.S.C. 7385i) is amended by striking ``subtitle B'' each 
place such term appears and inserting ``this title''.
    (i) Repeal of Subtitle D.--Subtitle D of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (title XXXVI of 
the Floyd D. Spence National Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 7385o) is 
repealed.

SEC. 3163. TECHNICAL AMENDMENTS.

    (a) Subpoenas.--Subtitle B of such Act is amended by adding after 
section 3631 (42 U.S.C. 7384v) the following new section:

``SEC. 3632. SUBPOENAS; OATHS; EXAMINATION OF WITNESSES.

    ``The Secretary of Labor, with respect to any matter under this 
subtitle, may--
        ``(1) issue subpoenas for and compel the attendance of 
    witnesses;
        ``(2) administer oaths;
        ``(3) examine witnesses; and
        ``(4) require the production of books, papers, documents, and 
    other evidence.''.
    (b) Social Security Earnings Information.--Subtitle C of such Act 
is amended by adding after section 3651 (42 U.S.C. 7385j) the following 
new section:

``SEC. 3652. SOCIAL SECURITY EARNINGS INFORMATION.

    ``Notwithstanding the provision of section 552a of title 5, United 
States Code, or any other provision of Federal or State law, the Social 
Security Administration shall make available to the Secretary of Labor, 
upon written request, the Social Security earnings information of 
living or deceased employees who may have sustained an illness that is 
the subject of a claim under this title, which the Secretary of Labor 
may require to carry out the provisions of this title.''.
    (c) Recovery of Overpayment.--Subtitle C of such Act is further 
amended by adding after section 3652 (as added by subsection (b)) the 
following new section:

``SEC. 3653. RECOVERY AND WAIVER OF OVERPAYMENTS.

    ``(a) In General.--When an overpayment has been made to an 
individual under this title because of an error of fact or law, 
recovery shall be made under regulations prescribed by the Secretary of 
Labor by decreasing later payments to which the individual is entitled. 
If the individual dies before the recovery is completed, recovery shall 
be made by decreasing later benefits payable under this title with 
respect to the individual's death.
    ``(b) Waiver.--Recovery by the United States under this section may 
not be made when incorrect payment has been made to an individual who 
is without fault and when adjustment or recovery would defeat the 
purpose of this title or would be against equity and good conscience.
    ``(c) Liability.--A certifying or disbursing official is not liable 
for an amount certified or paid by him when recovery of the amount is 
waived under subsection (b) of this section, or when recovery under 
subsection (a) of this section is not completed before the death of all 
individuals against whose benefits deductions are authorized.''.

SEC. 3164. TRANSFER OF FUNDS FOR FISCAL YEAR 2005.

    Of the funds appropriated to the Secretary of Energy for fiscal 
year 2005 for the Energy Employees Occupational Illness Compensation 
Program, the Secretary of Energy shall transfer to the Secretary of 
Labor the amount of funds that the Secretary of Energy, in consultation 
with the Secretary of Labor, determine will be necessary for fiscal 
year 2005 to administer the provisions of subtitle E of the Energy 
Employees Occupational Illness Compensation Program Act of 2000, as 
added by this Act.

SEC. 3165. USE OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
              FUND FOR CERTAIN PAYMENTS TO COVERED URANIUM EMPLOYEES.

    (a) In General.--Section 3630 of the Energy Employees Occupational 
Illness Compensation Program Act of 2000 (42 U.S.C. 7384u) is amended 
in subsection (d) by inserting after ``The compensation provided under 
this section'' the following: ``and the compensation provided under 
section 5 of the Radiation Exposure Compensation Act''.
    (b) Conforming Amendment.--Section 6(c)(1) of the Radiation 
Exposure Compensation Act (42 U.S.C. 2210 note) is amended by inserting 
after ``Fund'' the following: ``(or, in the case of a payment under 
section 5, from the Energy Employees Occupational Illness Compensation 
Fund, pursuant to section 3630(d) of the Energy Employees Occupational 
Illness Compensation Program Act of 2000)''.

SEC. 3166. IMPROVEMENTS TO SUBTITLE B OF ENERGY EMPLOYEES OCCUPATIONAL 
              ILLNESS COMPENSATION PROGRAM ACT OF 2000.

    (a) Advisory Board.--Section 3624 of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384o) 
is amended by adding at the end the following new subsections:
    ``(e) Security Clearances.--(1) The Secretary of Energy shall 
ensure that the members and staff of the Board, and the contractors 
performing work in support of the Board, are afforded the opportunity 
to apply for a security clearance for any matter for which such a 
clearance is appropriate. The Secretary should, not later than 180 days 
after receiving a completed application, make a determination whether 
or not the individual concerned is eligible for the clearance.
    ``(2) For fiscal year 2007 and each fiscal year thereafter, the 
Secretary of Energy shall include in the budget justification materials 
submitted to Congress in support of the Department of Energy budget for 
that fiscal year (as submitted with the budget of the President under 
section 1105(a) of title 31, United States Code) a report specifying 
the number of applications for security clearances under this 
subsection, the number of such applications granted, and the number of 
such applications denied.
    ``(f) Information.--The Secretary of Energy shall, in accordance 
with law, provide to the Board and the contractors of the Board access 
to any information that the Board considers relevant to carry out its 
responsibilities under this title, including information such as 
Restricted Data (as defined in section 11 y. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2014(y))) and information covered by the Privacy 
Act.''.
    (b) Deadlines for Special Exposure Cohort Actions.--(1) Section 
3626 of the Energy Employees Occupational Illness Compensation Program 
Act of 2000 (42 U.S.C. 7384q) is amended--
        (A) by redesignating subsection (c) as subsection (d); and
        (B) by inserting after subsection (b) the following new 
    subsection:
    ``(c) Deadlines.--(1) Not later than 180 days after the date on 
which the President receives a petition for designation as members of 
the Special Exposure Cohort, the Director of the National Institute for 
Occupational Safety and Health shall submit to the Advisory Board on 
Radiation and Worker Health a recommendation on that petition, 
including all supporting documentation.
    ``(2)(A) Upon receipt by the President of a recommendation of the 
Advisory Board on Radiation and Worker Health that the President should 
determine in the affirmative that paragraphs (1) and (2) of subsection 
(b) apply to a class, the President shall have a period of 30 days in 
which to determine whether such paragraphs apply to the class and to 
submit that determination (whether affirmative or negative) to 
Congress.
    ``(B) If the determination submitted by the President under 
subparagraph (A) is in the affirmative, the President shall also submit 
a report meeting the requirements of section 3621(14)(C)(ii).
    ``(C) If the President does not submit a determination required by 
subparagraph (A) within the period required by subparagraph (A), then 
upon the day following the expiration of that period, it shall be 
deemed for purposes of section 3621(14)(C)(ii) that the President 
submitted the report under that provision on that day.''.
    (2) Section 3621(14)(C)(ii) of that Act (42 U.S.C. 
7384l(14)(C)(ii)) is amended by striking ``180 days'' and inserting 
``30 days''.
    (c) Site Profiles.--Subtitle B of that Act is amended by adding 
after section 3632 (as added by section 3163(a)) the following new 
section:

``SEC. 3633. COMPLETION OF SITE PROFILES.

    ``(a) In General.--To the extent that the Secretary of Labor 
determines it useful and practicable, the Secretary of Labor shall 
direct the Director of the National Institute for Occupational Safety 
and Health to prepare site profiles for a Department of Energy facility 
based on the records, files, and other data provided by the Secretary 
of Energy and such other information as is available, including 
information available from the former worker medical screening programs 
of the Department of Energy.
    ``(b) Information.--The Secretary of Energy shall furnish to the 
Secretary of Labor any information that the Secretary of Labor finds 
necessary or useful for the production of such site profiles, including 
records from the Department of Energy former worker medical screening 
program.
    ``(c) Definition.--In this section, the term `site profile' means 
an exposure assessment of a facility that identifies the toxic 
substances or processes that were commonly used in each building or 
process of the facility, and the time frame during which the potential 
for exposure to toxic substances existed.
    ``(d) Time Frames.--The Secretary of Health and Human Services 
shall establish time frames for completing site profiles for those 
Department of Energy facilities for which a site profile has not been 
completed. Not later than March 1, 2005, the Secretary of Health and 
Human Services shall submit to Congress a report setting forth those 
time frames.''.

SEC. 3167. EMERGENCY SPECIAL EXPOSURE COHORT MEETING AND REPORT.

    (a) Meeting of Advisory Board.--(1) For purposes of carrying out 
section 3626 of the Energy Employees Occupational Illness Compensation 
Program Act of 2000 (42 U.S.C. 7384q), the President shall require the 
Advisory Board on Radiation and Worker Health to convene a meeting of 
the Board at which the Board considers each petition for designation as 
members of the Special Exposure Cohort--
        (A) that was filed not later than October 1, 2004; and
        (B) the evaluation of which (by the Director of the National 
    Institute of Occupational Safety and Health) was completed more 
    than 10 days before a previously scheduled meeting of the Board.
    (2) Effective March 1, 2005, this subsection shall have no further 
force or effect.
    (b) Report to Congress.--Not later than March 15, 2005, the 
President shall submit to Congress a report on the status of the 
petitions referred to in subsection (a). The report shall include, for 
each petition, the estimated time to complete the consideration of that 
petition and any anticipated actions or circumstances that could 
preclude the Board from acting upon that petition before the end of 
fiscal year 2005.

SEC. 3168. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS EMPLOYER 
              FACILITIES DURING PERIODS OF RESIDUAL CONTAMINATION.

    (a) Coverage.--Paragraph (3) of section 3621 of the Energy 
Employees Occupational Illness Compensation Program Act of 2000 (title 
XXXVI of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 
7384l) is amended to read as follows:
        ``(3) The term `atomic weapons employee' means any of the 
    following:
            ``(A) An individual employed by an atomic weapons employer 
        during a period when the employer was processing or producing, 
        for the use by the United States, material that emitted 
        radiation and was used in the production of an atomic weapon, 
        excluding uranium mining and milling.
            ``(B) An individual employed--
                ``(i) at a facility with respect to which the National 
            Institute for Occupational Safety and Health, in its report 
            dated October 2003 and titled `Report on Residual 
            Radioactive and Beryllium Contamination at Atomic Weapons 
            Employer Facilities and Beryllium Vendor Facilities', or 
            any update to that report, found that there is a potential 
            for significant residual contamination outside of the 
            period in which weapons-related production occurred;
                ``(ii) by an atomic weapons employer or subsequent 
            owner or operators of a facility described in clause (i); 
            and
                ``(iii) during a period, as specified in such report or 
            any update to such report, of potential for significant 
            residual radioactive contamination at such facility.''.
    (b) Radiation Dose for Certain Atomic Weapons Employees.--Section 
3623 of that Act (42 U.S.C. 7384n) is amended by adding at the end of 
subsection (c) the following new paragraph:
    ``(4) In the case of an atomic weapons employee described in 
section 3621(3)(B), the following doses of radiation shall be treated, 
for purposes of paragraph (3)(A) of this subsection, as part of the 
radiation dose received by the employee at such facility:
        ``(A) Any dose of ionizing radiation received by that employee 
    from facilities, materials, devices, or byproducts used or 
    generated in the research, development, production, dismantlement, 
    transportation, or testing of nuclear weapons, or from any 
    activities to research, produce, process, store, remediate, or 
    dispose of radioactive materials by or on behalf of the Department 
    of Energy (except for activities covered by Executive Order No. 
    12344, dated February 1, 1982 (42 U.S.C. 7158 note) pertaining to 
    the Naval Nuclear Propulsion Program).
        ``(B) Any dose of ionizing radiation received by that employee 
    from a source not covered by subparagraph (A) that is not 
    distinguishable through reliable documentation from a dose covered 
    by subparagraph (A).''.

SEC. 3169. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF FACILITIES.

    (a) Update of Report.--Not later than December 31, 2006, the 
Director of the National Institute for Occupational Safety and Health 
shall submit to Congress an update to the report required by section 
3151(b) of the National Defense Authorization Act for Fiscal Year 2002 
(Public Law 107-107; 42 U.S.C. 7384 note).
    (b) Elements.--The update shall--
        (1) for each facility for which such report found that 
    insufficient information was available to determine whether 
    significant residual contamination was present, determine whether 
    significant residual contamination was present;
        (2) for each facility for which such report found that 
    significant residual contamination remained present as of the date 
    of the report, determine the date on which such contamination 
    ceased to be present;
        (3) for each facility for which such report found that 
    significant residual contamination was present but for which the 
    Director has been unable to determine the extent to which such 
    contamination is attributable to atomic weapons-related activities, 
    identify the specific dates of coverage attributable to such 
    activities and, in so identifying, presume that such contamination 
    is attributable to such activities until there is evidence of 
    decontamination of residual contamination identified with atomic 
    weapons-related activities;
        (4) for each facility for which such report found significant 
    residual contamination, determine whether it is at least as likely 
    as not that such contamination could have caused an employee who 
    was employed at such facility only during the residual 
    contamination period to contract a cancer or beryllium illness 
    compensable under subtitle B of the Energy Employees Occupational 
    Illness Compensation Program Act of 2000; and
        (5) if new information that pertains to the report has been 
    made available to the Director since that report was submitted, 
    identify and describe such information.
    (c) Publication.--The Director shall ensure that the report 
referred to in subsection (a) is published in the Federal Register not 
later than 15 days after being released.

SEC. 3170. SENSE OF CONGRESS ON RESOURCE CENTER FOR ENERGY EMPLOYEES 
              UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION 
              PROGRAM IN WESTERN NEW YORK AND WESTERN PENNSYLVANIA 
              REGION.

    (a) Findings.--Congress makes the following findings:
        (1) New York has 36 current or former Department of Energy 
    facilities involved in nuclear weapons production-related 
    activities statewide, mostly atomic weapons employer facilities, 
    and 14 such facilities in western New York. Despite having one of 
    the greatest concentrations of such facilities in the United 
    States, western New York, and abutting areas of Pennsylvania, 
    continue to be severely underserved by the Energy Employees 
    Occupational Illness Compensation Program under the Energy 
    Employees Occupational Illness Compensation Program Act of 2000 
    (title XXXVI of the Floyd D. Spence National Defense Authorization 
    Act for Fiscal Year 2001 (as enacted into law by Public Law 106-
    398); 42 U.S.C. 7384 et seq.).
        (2) The establishment of a permanent resource center in western 
    New York would represent a substantial step toward improving 
    services under the Energy Employees Occupational Illness 
    Compensation Program for energy employees in this region.
        (3) The number of claims submitted to the Department under 
    subtitle B of the Energy Employees Occupational Illness 
    Compensation Program Act of 2000 from the western New York region, 
    including western Pennsylvania, exceeds the number of such claims 
    filed at resource centers in Hanford, Washington, Portsmouth, Ohio, 
    Los Alamos, New Mexico, the Nevada Test Site, Nevada, the Rocky 
    Flats Environmental Technology Site, Colorado, the Idaho National 
    Engineering Laboratory, Idaho, and the Amchitka Test Site, Alaska.
        (4) Energy employees in the western New York region, including 
    western Pennsylvania, deserve assistance under subtitle B of the 
    Energy Employees Occupational Illness Compensation Program Act of 
    2000 commensurate with the assistance provided energy employees at 
    other locations in the United States.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Labor should--
        (1) review the availability of assistance under subtitle B of 
    the Energy Employees Occupational Illness Compensation Program Act 
    of 2000 for energy employees in the western New York region, 
    including western Pennsylvania; and
        (2) recommend a location in that region for a resource center 
    to provide such assistance to such energy employees.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2005, 
$21,268,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of earlier authority to dispose of certain materials 
          in National Defense Stockpile.
Sec. 3303. Disposal of ferromanganese.
Sec. 3304. Prohibition on storage of mercury at certain facilities.

SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2005, the 
National Defense Stockpile Manager may obligate up to $59,700,000 of 
the funds in the National Defense Stockpile Transaction Fund 
established under subsection (a) of section 9 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized 
uses of such funds under subsection (b)(2) of such section, including 
the disposal of hazardous materials that are environmentally sensitive.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection 
(a) if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may make the 
additional obligations described in the notification after the end of 
the 45-day period beginning on the date on which Congress receives the 
notification.
    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.

SEC. 3302. REVISION OF EARLIER AUTHORITY TO DISPOSE OF CERTAIN 
              MATERIALS IN NATIONAL DEFENSE STOCKPILE.

    Section 3303(a) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 
98d note) is amended by striking paragraphs (4) and (5) and inserting 
the following new paragraphs:
        ``(4) $785,000,000 by the end of fiscal year 2005; and
        ``(5) $870,000,000 by the end of fiscal year 2009.''.

SEC. 3303. DISPOSAL OF FERROMANGANESE.

    (a) Disposal Authorized.--The Secretary of Defense may dispose of 
up to 50,000 tons of ferromanganese from the National Defense Stockpile 
during fiscal year 2005.
    (b) Contingent Authority for Additional Disposal.--(1) If the 
Secretary of Defense completes the disposal of the total quantity of 
ferromanganese authorized for disposal by subsection (a) before 
September 30, 2005, the Secretary of Defense may dispose of up to an 
additional 25,000 tons of ferromanganese from the National Defense 
Stockpile before that date.
    (2) If the Secretary completes the disposal of the total quantity 
of additional ferromanganese authorized for disposal by paragraph (1) 
before September 30, 2005, the Secretary may dispose of up to an 
additional 25,000 tons of ferromanganese from the National Defense 
Stockpile before that date.
    (c) Certification.--The Secretary of Defense may dispose of 
ferromanganese under the authority of paragraph (1) or (2) of 
subsection (b) only if the Secretary submits written certification to 
the Committee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives, not later than 30 days 
before the commencement of disposal under the applicable paragraph, 
that--
        (1) the disposal of the additional ferromanganese from the 
    National Defense Stockpile is in the interest of national defense;
        (2) the disposal of the additional ferromanganese will not 
    cause undue disruption to the usual markets of producers and 
    processors of ferromanganese in the United States; and
        (3) the disposal of the additional ferromanganese is consistent 
    with the requirements and purpose of the National Defense 
    Stockpile.
    (d) Delegation of Responsibility.--The Secretary of Defense may 
delegate the responsibility of the Secretary under subsection (c) to an 
appropriate official within the Department of Defense.
    (e) National Defense Stockpile Defined.--In this section, the term 
``National Defense Stockpile'' means the stockpile provided for in 
section 4 of the Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98c).

SEC. 3304. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN FACILITIES.

    (a) Prohibition.--During fiscal year 2005, the Secretary of Defense 
may not store mercury from the National Defense Stockpile at any 
facility that is not owned or leased by the United States.
    (b) National Defense Stockpile Defined.--In this section, the term 
``National Defense Stockpile'' means the stockpile provided for in 
section 4 of the Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98c).

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are hereby authorized 
to be appropriated to the Secretary of Energy $20,000,000 for fiscal 
year 2005 for the purpose of carrying out activities under chapter 641 
of title 10, United States Code, relating to the naval petroleum 
reserves.
    (b) Period of Availability.--Funds appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain 
available until expended.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for 
          merchant marine vessels.
Sec. 3503. Modification of priority afforded applications for national 
          defense tank vessel construction assistance.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME ADMINISTRATION.

    There are authorized to be appropriated to the Secretary of 
Transportation for the Maritime Administration for fiscal year 2005 (in 
lieu of amounts authorized for the same purposes by section 3511 of the 
National Defense Authorization Act for Fiscal Year 2004)--
        (1) for expenses necessary for operations and training 
    activities, $109,300,000;
        (2) for administrative expenses under the loan guarantee 
    program authorized by title XI of the Merchant Marine Act, 1936 (46 
    U.S.C. App. 1271 et seq.), $4,764,000; and
        (3) for ship disposal, $35,000,000, of which $2,000,000 shall 
    be for decommissioning, removal, and disposal of the nuclear 
    reactor and hazardous materials on board the vessel SAVANNAH.

SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK INSURANCE FOR 
              MERCHANT MARINE VESSELS.

    (a) Extension.--Section 1214 of the Merchant Marine Act, 1936 (46 
U.S.C. App. 1294), is amended by striking ``June 30, 2005'' and 
inserting ``December 31, 2010''.
    (b) Investment of Assets in Insurance Fund.--Section 1208(a) of 
such Act (46 U.S.C. App. 1288), is amended by striking the third 
sentence and inserting the following: ``The Secretary of Transportation 
may request the Secretary of the Treasury to invest such portion of the 
Fund as is not, in the judgment of the Secretary of Transportation, 
required to meet the current needs of the fund. Such investments shall 
be made by the Secretary of the Treasury in public debt securities of 
the United States, with maturities suitable to the needs of the fund, 
and bearing interest rates determined by the Secretary of the Treasury, 
taking into consideration current market yields on outstanding 
marketable obligations of the United States of comparable maturity.''.

SEC. 3503. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS FOR NATIONAL 
              DEFENSE TANK VESSEL CONSTRUCTION ASSISTANCE.

    Section 3542(d)(2) of the Maritime Security Act of 2003 (title XXXV 
of Public Law 108-136; 117 Stat. 1821; 46 U.S.C. 53101 note) is 
amended--
        (1) in subparagraph (A), by striking ``and'' at the end;
        (2) in subparagraph (B) by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
            ``(C) with respect to any proposal for financial assistance 
        to be provided from amounts appropriated for a fiscal year 
        after fiscal year 2005, acceptance of the vessel to be 
        constructed with the assistance for participation in the 
        Shipboard Technology Evaluation Program as outlined in 
        Navigation and Vessel Inspection Circular 01-04, issued by the 
        Commandant of the United States Coast Guard on January 2, 
        2004.''.

                TITLE XXXVI--ASSISTANCE TO FIREFIGHTERS

Sec. 3601. Short title.
Sec. 3602. Amendments to Federal Fire Prevention and Control Act of 
          1974.
Sec. 3603. Report on assistance to firefighters.

SEC. 3601. SHORT TITLE.

    This title may be cited as the ``Assistance to Firefighters Grant 
Program Reauthorization Act of 2004''.

SEC. 3602. AMENDMENTS TO FEDERAL FIRE PREVENTION AND CONTROL ACT OF 
              1974.

    Section 33 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229) is amended--
        (1) in subsection (b)(1)(A)--
            (A) by inserting ``throughout the Nation'' after 
        ``personnel''; and
            (B) by striking ``and'' at the end;
        (2) in subsection (b)(1)(B)--
            (A) by inserting ``and firefighter safety research and 
        development'' after ``fire prevention''; and
            (B) by striking the period and inserting ``; and'';
        (3) by adding at the end of subsection (b)(1) the following new 
    subparagraph:
            ``(C) provide assistance for nonaffiliated EMS 
        organizations for the purpose of paragraph (3)(F).'';
        (4) in subsection (b)(3)(F), by inserting ``and nonaffiliated 
    EMS organizations'' after ``fire departments'';
        (5) in subsection (b)(4)--
            (A) by inserting ``and firefighter safety research and 
        development'' after ``prevention'' in the paragraph heading;
            (B) in subparagraph (A)(ii)--
                (i) by inserting ``that are not fire departments and'' 
            after ``community organizations'';
                (ii) by inserting ``and firefighter research and 
            development programs,'' after ``fire safety programs and 
            activities,''; and
                (iii) by inserting ``and research to improve 
            firefighter health and life safety'' after ``fire 
            prevention programs'';
            (C) in subparagraph (B), by striking ``to children from 
        fire'' and inserting ``to high risk groups from fire, as well 
        as research programs that demonstrate the potential to improve 
        firefighter safety''; and
            (D) by adding at the end the following new subparagraph:
            ``(C) Grant limitation.--A grant under this paragraph shall 
        not be greater than $1,000,000 for a fiscal year.'';
        (6) in subsection (b)(5)(B)--
            (A) by redesignating clause (iv) as clause (v); and
            (B) by inserting after clause (iii) the following new 
        clause:
                ``(iv) Other federal support.--A list of other sources 
            of Federal funding received by the applicant. The Director, 
            in coordination with the Secretary of Homeland Security, 
            shall use such list to prevent unnecessary duplication of 
            grant funds.''.
        (7) in subsection (b)(6), by striking subparagraphs (A) and (B) 
    and inserting the following:
            ``(A) In general.--Subject to subparagraphs (B) and (C), 
        the Director may provide assistance under this subsection only 
        if the applicant for such assistance agrees to match 20 percent 
        of such assistance for any fiscal year with an equal amount of 
        non-Federal funds.
            ``(B) Requirement for small community organizations.--In 
        the case of an applicant whose personnel--
                ``(i) serve jurisdictions of 50,000 or fewer residents, 
            the percent applied under the matching requirement of 
            subparagraph (A) shall be 10 percent; and
                ``(ii) serve jurisdictions of 20,000 or fewer 
            residents, the percent applied under the matching 
            requirement of subparagraph (A) shall be 5 percent.
            ``(C) Fire prevention and firefighter safety grants.--There 
        shall be no matching requirement for a grant described in 
        paragraph (4)(A)(ii).'';
        (8) in subsection (b)(10)--
            (A) by amending subparagraph (A) to read as follows:
            ``(A) Recipient limitations.--A grant recipient under 
        subsection (b)(1)(A)--
                ``(i) that serves a jurisdiction with 500,000 people or 
            less may not receive grants in excess of $1,000,000 for any 
            fiscal year;
                ``(ii) that serves a jurisdiction with more than 
            500,000 but not more than 1,000,000 people may not receive 
            grants in excess of $1,750,000 for any fiscal year; and
                ``(iii) that serves a jurisdiction with more than 
            1,000,000 people may not receive grants in excess of 
            $2,750,000 for any fiscal year.
        The Director may award grants in excess of the limitations 
        provided in clause (i) and (ii) if the Director determines that 
        extraordinary need for assistance by a jurisdiction warrants a 
        waiver.'';
            (B) by redesignating subparagraph (B) as subparagraph (C);
            (C) by inserting after subparagraph (A) the following new 
        subparagraph:
            ``(B) Distribution.--Notwithstanding subparagraph (A), no 
        single recipient may receive more than the lesser of $2,750,000 
        or one half of one percent of the funds appropriated under this 
        section for a single fiscal year.''; and
            (D) by adding at the end the following new subparagraphs:
            ``(D) Requirements for grants for emergency medical 
        services.--Subject to the restrictions in subparagraph (E), not 
        less than 3.5 percent of the funds appropriated under this 
        section for a fiscal year shall be awarded for purposes 
        described in paragraph (3)(F).
            ``(E) Nonaffiliated ems limitation.--Not more than 2 
        percent of the funds appropriated to provide grants under this 
        section for a fiscal year shall be awarded to nonaffiliated EMS 
        organizations.
            ``(F) Application of selection criteria to grant 
        applications from nonaffiliated ems organizations.--In 
        reviewing applications submitted by nonaffiliated EMS 
        organizations, the Director shall consider the extent to which 
        other sources of Federal funding are available to provide 
        assistance requested in such grant applications.'';
        (9) in subsection (b), by adding at the end the following new 
    paragraphs:
        ``(13) Annual meeting.--The Director shall convene an annual 
    meeting of individuals who are members of national fire service 
    organizations and are recognized for expertise in firefighting or 
    emergency medical services provided by fire services, and who are 
    not employees of the Federal Government, for the purpose of 
    recommending criteria for awarding grants under this section for 
    the next fiscal year and recommending any necessary administrative 
    changes to the grant program.
        ``(14) Guidelines.--(A) Each year, prior to making any grants 
    under this section, the Director shall publish in the Federal 
    Register--
            ``(i) guidelines that describe the process for applying for 
        grants and the criteria for awarding grants; and
            ``(ii) an explanation of any differences between the 
        guidelines and the recommendations made pursuant to paragraph 
        (13).
        ``(B) The criteria for awarding grants under subsection 
    (b)(1)(A) shall include the extent to which the grant would enhance 
    the daily operations of the applicant and the impact of such a 
    grant on the protection of lives and property.
        ``(15) Peer review.--The Director shall, after consultation 
    with national fire service organizations, appoint fire service 
    personnel to conduct peer review of applications received under 
    paragraph (5). In making grants under this section, the Director 
    shall consider the results of such peer review evaluations.
        ``(16) Applicability of federal advisory committee act.--The 
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to 
    activities under paragraphs (13) and (15).
        ``(17) Accounting determination.--Notwithstanding any other 
    provision of law, rule, regulation, or guidance, for purposes of 
    receiving assistance under this section, equipment costs shall 
    include, but not be limited to, all costs attributable to any 
    design, purchase of components, assembly, manufacture, and 
    transportation of equipment not otherwise commercially 
    available.'';
        (10) by amending subsection (d) to read as follows:
    ``(d) Definitions.--In this section--
        ``(1) the term `Director' means the Director, acting through 
    the Administrator;
        ``(2) the term `nonaffiliated EMS organization' means a public 
    or private nonprofit emergency medical services organization that 
    is not affiliated with a hospital and does not serve a geographic 
    area in which the Director finds that emergency medical services 
    are adequately provided by a fire department; and
        ``(3) the term `State' includes the District of Columbia and 
    the Commonwealth of Puerto Rico.''; and
        (11) in subsection (e)(1), by striking the first sentence and 
    inserting ``There are authorized to be appropriated for the 
    purposes of this section $900,000,000 for fiscal year 2005, 
    $950,000,000 for fiscal year 2006, and $1,000,000,000 for each of 
    the fiscal years 2007 through 2009.''.

SEC. 3603. REPORT ON ASSISTANCE TO FIREFIGHTERS.

    (a) Study and Report on Assistance to Firefighters.--
        (1) Study.--The Administrator of the United States Fire 
    Administration, in conjunction with the National Fire Protection 
    Association, shall conduct a study to--
            (A) define the current roles and activities associated with 
        the fire services on a national, State, regional, and local 
        level;
            (B) identify the equipment, staffing, and training required 
        to fulfill the roles and activities defined under subparagraph 
        (A);
            (C) conduct an assessment to identify gaps between what 
        fire departments currently possess and what they require to 
        meet the equipment, staffing, and training needs identified 
        under subparagraph (B) on a national and State-by-State basis; 
        and
            (D) measure the impact of the Assistance to Firefighters 
        Grant program under section 33 of the Federal Fire Prevention 
        and Control Act of 1974 (15 U.S.C. 2229) in meeting the needs 
        of the fire services identified in the report submitted to 
        Congress under section 1701(b) of the Floyd D. Spence National 
        Defense Authorization Act for Fiscal Year 2001 and filling the 
        gaps identified under subparagraph (C).
        (2) Report.--Not later than 18 months after the date of 
    enactment of this Act, the Administrator shall submit to the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Science of the House of Representatives a 
    report on the findings of the study described in paragraph (1).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the United States Fire Administration $300,000 for 
fiscal year 2005 to carry out the study required by subsection (a).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```