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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4200 Public Print (PP)]

  2d Session
                                H. R. 4200

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                June 23 (legislative day, June 22), 2004

         Ordered to be printed with the amendment of the Senate
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 2005''.</DELETED>

<DELETED>SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
              CONTENTS.</DELETED>

<DELETED>    (a) Divisions.--This Act is organized into three divisions 
as follows:</DELETED>
        <DELETED>    (1) Division A--Department of Defense 
        Authorizations.</DELETED>
        <DELETED>    (2) Division B--Military Construction 
        Authorizations.</DELETED>
        <DELETED>    (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; findings.
<DELETED>Sec. 2. Organization of Act into divisions; table of contents.
<DELETED>Sec. 3. Congressional defense committees.

       <DELETED>DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                     <DELETED>TITLE I--PROCUREMENT

          <DELETED>Subtitle A--Authorization of Appropriations

<DELETED>Sec. 101. Army.
<DELETED>Sec. 102. Navy and Marine Corps.
<DELETED>Sec. 103. Air Force.
<DELETED>Sec. 104. Defense-wide activities.
                  <DELETED>Subtitle B--Program Matters

<DELETED>Sec. 111. Multiyear procurement authority for the light-weight 
                            155-millimeter howitzer program.
<DELETED>Sec. 112. DDG-51 modernization program.
<DELETED>Sec. 113. Repeal of authority for pilot program for flexible 
                            funding of cruiser conversions and 
                            overhauls.
<DELETED>Sec. 114. Force protection for asymmetric threat environment.
<DELETED>Sec. 115. Allocation of equipment authorized by this title to 
                            be made on basis of units deployed or 
                            preparing to deploy.
<DELETED>Sec. 116. Multiyear procurement authority for KC-767 tanker 
                            aircraft acquisition program.
<DELETED>Sec. 117. Other matters relating to KC-767 tanker aircraft 
                            acquisition program.
<DELETED>Sec. 118. Additional amount for patriot missile procurement.
<DELETED>Sec. 119. Transfer of certain Army procurement funds.
     <DELETED>TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          <DELETED>Subtitle A--Authorization of Appropriations

<DELETED>Sec. 201. Authorization of appropriations.
<DELETED>Sec. 202. Amount for defense science and technology.
<DELETED>Sec. 203. Program increases.
     <DELETED>Subtitle B--Program Requirements, Restrictions, and 
                              Limitations

<DELETED>Sec. 211. Future Combat Systems program strategy.
<DELETED>Sec. 212. Collaborative program for research and development 
                            of vacuum electronics technologies.
<DELETED>Sec. 213. Annual Comptroller General report on Joint Strike 
                            Fighter program.
<DELETED>Sec. 214. Amounts for United States Joint Forces Command to be 
                            derived only from Defense-wide amounts.
<DELETED>Sec. 215. Space Based Radar.
<DELETED>Sec. 216. Mark-54 Torpedo Product Improvement Program.
                  <DELETED>Subtitle C--Missile Defense

<DELETED>Sec. 221. Fielding of ballistic missile defense capabilities.
             <DELETED>TITLE III--OPERATION AND MAINTENANCE

          <DELETED>Subtitle A--Authorization of Appropriations

<DELETED>Sec. 301. Operation and Maintenance funding.
<DELETED>Sec. 302. Working capital funds.
<DELETED>Sec. 303. Other Department of Defense programs.
<DELETED>Sec. 304. Reimbursement of members of the Armed Forces who 
                            purchased protective body armor during 
                            shortage of defense stocks of body armor.
<DELETED>Sec. 305. Reduction in authorization for Air Force operations 
                            and maintenance.
<DELETED>Sec. 306. Elimination of backlog in processing forensic 
                            evidence collection kits and acquisition of 
                            sufficient stocks of such kits.
             <DELETED>Subtitle B--Environmental Provisions

<DELETED>Sec. 311. Report regarding encroachment issues affecting Utah 
                            Test and Training Range, Utah.
            <DELETED>Subtitle C--Workplace and Depot Issues

<DELETED>Sec. 321. Simplification of annual reporting requirements 
                            concerning funds expended for depot 
                            maintenance and repair workloads.
<DELETED>Sec. 322. Repeal of annual reporting requirement concerning 
                            management of depot employees.
<DELETED>Sec. 323. Public-private competition for work performed by 
                            civilian employees of Department of 
                            Defense.
<DELETED>Sec. 324. Public-private competition pilot program.
<DELETED>Sec. 325. Sense of Congress on equitable legal standing for 
                            civilian employees.
<DELETED>Sec. 326. Competitive sourcing reporting requirement.
              <DELETED>Subtitle D--Information Technology

<DELETED>Sec. 331. Preparation of Department of Defense plan for 
                            transition to Internet Protocol version 6.
<DELETED>Sec. 332. Defense business enterprise architecture, system 
                            accountability, and conditions for 
                            obligation of funds for defense business 
                            system modernization.
<DELETED>Sec. 333. Establishment of joint program office to improve 
                            interoperability of battlefield management 
                            command and control systems.
         <DELETED>Subtitle E--Readiness Reporting Requirements

<DELETED>Sec. 341. Annual report on Department of Defense operation and 
                            financial support for military museums.
<DELETED>Sec. 342. Report on Department of Defense programs for 
                            prepositioning of material and equipment.
                   <DELETED>Subtitle F--Other Matters

<DELETED>Sec. 351. Extension of Arsenal Support Program Initiative.
<DELETED>Sec. 352. Limitation on preparation or implementation of Mid-
                            Range Financial Improvement Plan.
<DELETED>Sec. 353. Procurement of follow-on contracts for the operation 
                            of five Champion-class T-5 tank vessels.
<DELETED>Sec. 354. Sense of Congress on America's National World War I 
                            Museum.
          <DELETED>TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                   <DELETED>Subtitle A--Active Forces

<DELETED>Sec. 401. End strengths for active forces.
<DELETED>Sec. 402. Revision in permanent active duty end strength 
                            minimum levels.
<DELETED>Sec. 403. Maximum number of reserve personnel authorized to be 
                            on active duty for operational support.
<DELETED>Sec. 404. Accounting and management of reserve component 
                            personnel performing active duty or full-
                            time National Guard duty for operational 
                            support.
                  <DELETED>Subtitle B--Reserve Forces

<DELETED>Sec. 411. End strengths for Selected Reserve.
<DELETED>Sec. 412. End strengths for Reserves on active duty in support 
                            of the reserves.
<DELETED>Sec. 413. End strengths for military technicians (dual 
                            status).
<DELETED>Sec. 414. Fiscal year 2005 limitation on number of non-dual 
                            status technicians.
         <DELETED>Subtitle C--Authorizations of Appropriations

<DELETED>Sec. 421. Military personnel.
<DELETED>Sec. 422. Armed Forces Retirement Home.
              <DELETED>TITLE V--MILITARY PERSONNEL POLICY

         <DELETED>Subtitle A--General and Flag Officer Matters

<DELETED>Sec. 501. Length of service for service chiefs.
<DELETED>Sec. 502. Repeal of requirement that Deputy Chiefs and 
                            Assistant Chiefs of Naval Operations be 
                            selected from officers in the line of the 
                            Navy.
<DELETED>Sec. 503. Increase in age limit for deferral of mandatory 
                            retirement for up to 10 senior general and 
                            flag officers.
<DELETED>Sec. 504. Increased flexibility for voluntary retirement for 
                            military officers.
<DELETED>Sec. 505. Repeal of requirement that no more than 50 percent 
                            of active duty general and flag officers be 
                            in grades above brigadier general and rear 
                            admiral (lower half).
<DELETED>Sec. 506. Revision to terms for assistants to the Chairman of 
                            the Joint Chiefs of Staff for National 
                            Guard and Reserve matters.
<DELETED>Sec. 507. Succession for position of Chief, National Guard 
                            Bureau.
<DELETED>Sec. 508. Title of Vice Chief of the National Guard Bureau 
                            changed to Director of the Joint Staff of 
                            the National Guard Bureau.
<DELETED>Sec. 509. Two-year extension of authority to waive requirement 
                            that Reserve chiefs and National Guard 
                            Directors have significant joint duty 
                            experience.
<DELETED>Sec. 510. Repeal of distribution requirements for Naval 
                            Reserve flag officers.
      <DELETED>Subtitle B--Other Officer Personnel Policy Matters

<DELETED>Sec. 511. Transition of active-duty list officer force to all 
                            regular status.
<DELETED>Sec. 512. Mandatory retention on active duty to qualify for 
                            retirement pay.
<DELETED>Sec. 513. Distribution in grade of Marine Corps Reserve 
                            officers in an active status in grades 
                            below brigadier general
<DELETED>Sec. 514. Tuition assistance for officers.
             <DELETED>Subtitle C--Reserve Component Matters

<DELETED>Sec. 521. Revision to statutory purpose of the reserve 
                            components.
<DELETED>Sec. 522. Improved access to reserve component members for 
                            enhanced training.
<DELETED>Sec. 523. Status under disability retirement system for 
                            reserve members released from active duty 
                            due to inability to perform within 30 days 
                            of call to active duty.
<DELETED>Sec. 524. Federal civil service military leave for Reserve and 
                            National Guard civilian technicians.
<DELETED>Sec. 525. Expanded educational assistance authority for 
                            officers commissioned through ROTC program 
                            at military junior colleges.
<DELETED>Sec. 526. Effect of appointment or commission as officer on 
                            eligibility for Selected Reserve education 
                            loan repayment program for enlisted 
                            members.
<DELETED>Sec. 527. Number of Starbase academies in a State.
<DELETED>Sec. 528. Comptroller General assessment of integration of 
                            active and reserve components of the Navy.
<DELETED>Sec. 529. Operational activities conducted by the National 
                            Guard under authority of title 32.
<DELETED>Sec. 530. Army program for assignment of active component 
                            advisers to units of the Selected Reserve.
             <DELETED>Subtitle D--Joint Officer Management

<DELETED>Sec. 531. Strategic plan to link joint officer development to 
                            overall missions and goals of Department of 
                            Defense.
<DELETED>Sec. 532. Joint requirements for promotion to flag or general 
                            officer grade.
<DELETED>Sec. 533. Clarification of tours of duty qualifying as a joint 
                            duty assignment.
<DELETED>Sec. 534. Reserve joint special officer qualification 
                            requirements.
          <DELETED>Subtitle E--Professional Military Education

<DELETED>Sec. 541. Improvement to professional military education in 
                            the Department of Defense.
<DELETED>Sec. 542. Ribbons to recognize completion of joint 
                            professional military education.
<DELETED>Sec. 543. Increase in number of private-sector civilians who 
                            may be enrolled for instruction at National 
                            Defense University.
<DELETED>Sec. 544. Requirement for completion of Phase I joint 
                            professional military education before 
                            promotion to colonel or Navy captain.
       <DELETED>Subtitle F--Other Education and Training Matters

<DELETED>Sec. 551. College First delayed enlistment program.
<DELETED>Sec. 552. Standardization of authority to confer degrees on 
                            graduates of Community College of the Air 
                            Force with authority for other schools of 
                            Air University.
<DELETED>Sec. 553. Change in titles of heads of the Naval Postgraduate 
                            School.
<DELETED>Sec. 554. Increase from two years to three years in period for 
                            which educational leave of absence may be 
                            authorized.
<DELETED>Sec. 555. Correction to disparate treatment of disabilities 
                            sustained during accession training.
<DELETED>Sec. 556. Prayer at military service academy activities.
<DELETED>Sec. 557. Revision to conditions on service of officers as 
                            service academy superintendents.
<DELETED>Sec. 558. Codification of prohibition on imposition of certain 
                            charges and fees at the service academies.
<DELETED>Sec. 559. Qualifications of the dean of the faculty of United 
                            States Air Force Academy.
<DELETED>Sec. 560A. Board of visitors of United States Air Force 
                            Academy.
<DELETED>Sec. 560B. Establishment of college financial assistance 
                            program for District of Columbia National 
                            Guard.
<DELETED>Subtitle G--Medals and Decorations and Special Promotions and 
                              Appointments

<DELETED>Sec. 561. Separate military campaign medals to recognize 
                            service in Operation Enduring Freedom and 
                            service in Operation Iraqi Freedom.
<DELETED>Sec. 562. Eligibility of all uniformed services personnel for 
                            National Defense Service Medal.
<DELETED>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.
<DELETED>Sec. 564. Posthumous commission of William Mitchell in the 
                            grade of major general in the Army.
<DELETED>Sec. 565. Requirements for award of combat infantryman badge 
                            and combat medical badge with respect to 
                            service in Korea after July 28, 1953.
<DELETED>Sec. 566. Army combat recognition ribbon.
             <DELETED>Subtitle H--Military Justice Matters

<DELETED>Sec. 571. Review on how sexual offenses are covered by Uniform 
                            Code of Military Justice.
<DELETED>Sec. 572. Service time not lost when confined in connection 
                            with trial if confinement excused as 
                            unavoidable.
<DELETED>Sec. 573. Clarification of authority of military legal 
                            assistance counsel to provide military 
                            legal assistance without regard to 
                            licensing requirements.
       <DELETED>Subtitle I--Administrative and Management Matters

<DELETED>Sec. 581. Three-year extension of limitation on reductions of 
                            personnel of agencies responsible for 
                            review and correction of military records.
<DELETED>Sec. 582. Staffing and funding for Defense Prisoner of War/
                            Missing Personnel office (DPMO).
<DELETED>Sec. 583. Permanent ID cards for retiree dependents age 70 and 
                            older.
<DELETED>Sec. 584. Authority to provide civilian clothing to members 
                            traveling in connection with medical 
                            evacuation.
<DELETED>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.
<DELETED>Sec. 586. Limitation on amendment or cancellation of 
                            Department of Defense directive relating to 
                            reasonable access to military installations 
                            for certain personal commercial 
                            solicitation.
<DELETED>Sec. 587. Annual identification of reasons for discharges from 
                            the Armed Forces during preceding fiscal 
                            year.
<DELETED>Sec. 588. Authority for Federal recognition of National Guard 
                            commissioned officers appointed from former 
                            Coast Guard personnel.
<DELETED>Sec. 589. Study of blended wing concept for the Air Force.
<DELETED>Sec. 590. Continuation of impact aid assistance on behalf of 
                            dependents of certain members despite 
                            change in status of member.
                   <DELETED>Subtitle J--Other Matters

<DELETED>Sec. 591. Employment preferences for spouses of certain 
                            Department of Defense civilian employees 
                            subject to relocation agreements.
<DELETED>Sec. 592. Repeal of requirement to conduct electronic voting 
                            demonstration project for the Federal 
                            election to be held in November 2004.
<DELETED>Sec. 593. Examination of sexual assault in the Armed Forces by 
                            the defense task force established to 
                            examine sexual harassment and violence at 
                            the military service academies.
<DELETED>Sec. 594. Renewal of pilot program for treating GED and home 
                            school diploma recipients as high school 
                            graduates for determinations of eligibility 
                            for enlistment.
<DELETED>Sec. 595. Assistance to local educational agencies that 
                            benefit dependents of members of the Armed 
                            Forces and Department of Defense civilian 
                            employees.
<DELETED>Sec. 596. Senior Reserve Officer Training Corps and recruiter 
                            access at institutions of higher education.
<DELETED>Sec. 597. Reports on transformation milestones.
<DELETED>Sec. 598. Department of Defense policy and procedures on 
                            prevention and response to sexual assaults 
                            involving members of the Armed Forces.
<DELETED>Sec. 599. Authority for removal of remains of certain persons 
                            interred in United States military 
                            cemeteries overseas.
      <DELETED>TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                <DELETED>Subtitle A--Pay and Allowances

<DELETED>Sec. 601. Increase in basic pay for fiscal year 2005.
<DELETED>Sec. 602. Authority to provide family separation basic 
                            allowance for housing.
<DELETED>Sec. 603. Geographic basis for basic allowance for housing 
                            during short changes of station for 
                            professional military education or 
                            training.
<DELETED>Sec. 604. Immediate lump-sum reimbursement for unusual 
                            nonrecurring expenses incurred by members 
                            serving outside continental United States.
<DELETED>Sec. 605. Income replacement payments for Reserves 
                            experiencing extended and frequent 
                            mobilization for active duty service.
<DELETED>Sec. 606. Authority for certain members deployed in combat 
                            zones to receive limited advances on their 
                            future basic pay.
      <DELETED>Subtitle B--Bonuses and Special and Incentive Pays

<DELETED>Sec. 611. One-year extension of bonus and special pay 
                            authorities.
<DELETED>Sec. 612. Reduction in required service commitment to receive 
                            accession bonus for registered nurses.
<DELETED>Sec. 613. Increase in maximum monthly rate authorized for 
                            hardship duty pay.
<DELETED>Sec. 614. Termination of assignment incentive pay for members 
                            placed on terminal leave.
<DELETED>Sec. 615. Consolidation of reenlistment and enlistment bonus 
                            authorities for regular and reserve 
                            components.
<DELETED>Sec. 616. Revision of authority to provide foreign language 
                            proficiency pay.
<DELETED>Sec. 617. Eligibility of reserve component members for 
                            critical skills retention bonus and 
                            expansion of authority to provide bonus.
<DELETED>Sec. 618. Eligibility of new reserve component officers for 
                            accession or affiliation bonus for officers 
                            in critical skills.
<DELETED>Sec. 619. Eligibility of reserve component members for 
                            incentive bonus for conversion to military 
                            occupational specialty to ease personnel 
                            shortage.
<DELETED>Sec. 620. Availability of hazardous duty incentive pay for 
                            military firefighters.
       <DELETED>Subtitle C--Travel and Transportation Allowances

<DELETED>Sec. 631. Expansion of travel and transportation allowances to 
                            assist survivors of a deceased member to 
                            attend burial ceremony of the member.
<DELETED>Sec. 632. Transportation of family members incident to the 
                            serious illness or injury of members of the 
                            uniformed services.
<DELETED>Sec. 633. Reimbursement of members for certain lodging costs 
                            incurred in connection with student 
                            dependent travel.
         <DELETED>Subtitle D--Retired Pay and Survivor Benefits

<DELETED>Sec. 641. Computation of benefits under Survivor Benefit Plan 
                            for surviving spouses over age 62.
<DELETED>Sec. 642. Open enrollment period for Survivor Benefit Plan 
                            commencing October 1, 2005.
<DELETED>Sec. 643. Source of funds for Survivor Benefit Plan annuities 
                            for Department of Defense beneficiaries 
                            over age 62.
       <DELETED>Subtitle E--Commissary and Nonappropriated Fund 
                        Instrumentality Benefits

<DELETED>Sec. 651. Consolidation and reorganization of legislative 
                            provisions regarding defense commissary 
                            system and exchanges and other morale, 
                            welfare, and recreation activities.
<DELETED>Sec. 652. Consistent State treatment of Department of Defense 
                            Nonappropriated Fund Health Benefits 
                            Program.
<DELETED>Sec. 653. Cooperation and assistance for qualified scouting 
                            organizations serving dependents of members 
                            of the Armed Forces and civilian employees 
                            overseas.
                   <DELETED>Subtitle F--Other Matters

<DELETED>Sec. 661. Repeal of requirement that members entitled to basic 
                            allowance for subsistence pay subsistence 
                            charges while hospitalized.
<DELETED>Sec. 662. Clarification of education loans qualifying for 
                            education loan repayment program for 
                            reserve component health professions 
                            officers.
<DELETED>Sec. 663. Survey and analysis of effect of extended and 
                            frequent mobilization of Reservists for 
                            active duty service on Reservist income.
               <DELETED>TITLE VII--HEALTH CARE PROVISIONS

          <DELETED>Subtitle A--Enhanced Benefits for Reserves

<DELETED>Sec. 701. Demonstration project for TRICARE coverage for Ready 
                            Reserve members.
<DELETED>Sec. 702. Comptroller General report on the cost and 
                            feasibility of providing private health 
                            insurance stipends for members of the Ready 
                            Reserves.
<DELETED>Sec. 703. Improvement of medical services for activated 
                            members of the Ready Reserve and their 
                            families.
<DELETED>Sec. 704. Modification of waiver of certain deductibles under 
                            TRICARE program.
<DELETED>Sec. 705. Authority for payment by United States of additional 
                            amounts billed by health care providers to 
                            activated Reserve members.
<DELETED>Sec. 706. Extension of transitional health care benefits after 
                            separation from active duty.
            <DELETED>Subtitle B--Other Benefits Improvements

<DELETED>Sec. 711. Coverage of certain young children under TRICARE 
                            dental program.
<DELETED>Sec. 712. Comptroller General report on provision of health 
                            and support services for exceptional family 
                            member program enrollees.
<DELETED>Sec. 713. Exceptional eligibility for TRICARE prime remote.
<DELETED>Sec. 714. Transition to home health care benefit under sub-
                            acute care program.
<DELETED>Sec. 715. Requirement relating to prescription drug benefits 
                            for medicare-eligible enrollees under 
                            defense health care plans.
<DELETED>Sec. 716. Professional accreditation of military dentists.
<DELETED>Sec. 717. Addition of certain unremarried former spouses to 
                            persons eligible for dental insurance plan 
                            of retirees of the uniformed services.
<DELETED>Sec. 718. Waiver of collection of payments due from certain 
                            persons unaware of loss of CHAMPUS 
                            eligibility.
       <DELETED>Subtitle C--Planning, Programming, and Management

<DELETED>Sec. 721. Pilot program for transformation of health care 
                            delivery.
<DELETED>Sec. 722. Study of provision of travel reimbursement to 
                            hospitals for certain military disability 
                            retirees.
<DELETED>Sec. 723. Study of mental health services.
 <DELETED>TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
                            RELATED MATTERS

  <DELETED>Subtitle A--Amendments to General Contracting Authorities, 
                      Procedures, and Limitations

<DELETED>Sec. 801. Rapid acquisition authority to respond to combat 
                            emergencies.
<DELETED>Sec. 802. Defense acquisition workforce changes.
<DELETED>Sec. 803. Limitation on task and delivery order contracts.
<DELETED>Sec. 804. Funding for contract cancellation ceilings for 
                            certain multiyear procurement contracts.
<DELETED>Sec. 805. Increased threshold for requiring contractors to 
                            provide specified employee information to 
                            cooperative agreement holders.
<DELETED>Sec. 806. Extension of authority for use of simplified 
                            acquisition procedures.
<DELETED>Sec. 807. Authority to adjust acquisition-related dollar 
                            thresholds for inflation.
 <DELETED>Subtitle B--United States Defense Industrial Base Provisions

<DELETED>Sec. 811. Defense trade reciprocity.
<DELETED>Sec. 812. Amendments to domestic source requirements.
<DELETED>Sec. 813. Three-year extension of restriction on acquisition 
                            of polyacrylonitrile (PAN) carbon fiber 
                            from foreign sources.
<DELETED>Sec. 814. Grant program for defense contractors to implement 
                            strategies to avoid outsourcing of jobs.
<DELETED>Sec. 815. Preference for domestic freight forwarding services.
             <DELETED>Subtitle C--Other Acquisition Matters

<DELETED>Sec. 821. Sustainment and modernization plans for existing 
                            systems while replacement systems are under 
                            development.
<DELETED>Sec. 822. Review and demonstration project relating to 
                            contractor employees. 
<DELETED>Sec. 823. Defense acquisition workforce limitation and 
                            reports.
<DELETED>Sec. 824. Provision of information to Congress to enhance 
                            transparency in contracting.
<DELETED>Sec. 825. Requirement to treat sureties in same manner as 
                            financing institutions when contractors 
                            default.
<DELETED>Sec. 826. Provisions relating to creation of jobs in the 
                            United States by defense contractors.
  <DELETED>TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

<DELETED>Sec. 901. Change in title of Secretary of the Navy to 
                            Secretary of the Navy and Marine Corps.
<DELETED>Sec. 902. Transfer of Center for the Study of Chinese Military 
                            Affairs from National Defense University to 
                            United States-China Economic and Security 
                            Review Commission.
<DELETED>Sec. 903. Transfer to Secretary of the Army of responsibility 
                            for Assembled Chemical Weapons Alternatives 
                            Program.
<DELETED>Sec. 904. Modification of obligated service requirements under 
                            National Security Education Program.
<DELETED>Sec. 905. Change of membership of certain councils.
<DELETED>Sec. 906. Actions to prevent the abuse of detainees.
<DELETED>Sec. 907. Responses to congressional inquiries.
<DELETED>Sec. 908. Secretary of Defense guidance on identification and 
                            internal transmission of critical 
                            information.
                  <DELETED>TITLE X--GENERAL PROVISIONS

                 <DELETED>Subtitle A--Financial Matters

<DELETED>Sec. 1001. Transfer authority.
<DELETED>Sec. 1002. Budget justification documents for operation and 
                            maintenance.
<DELETED>Sec. 1003. Retention of fees from intellectual property 
                            licenses.
<DELETED>Sec. 1004. Authority to waive claims of the United States when 
                            amounts recoverable are less than costs of 
                            collection.
<DELETED>Sec. 1005. Repeal of funding restrictions concerning 
                            development of medical countermeasures 
                            against biological warfare threats.
<DELETED>Sec. 1006. Report on budgeting for exchange rates for foreign 
                            currency fluctuations.
<DELETED>Sec. 1007. Fiscal year 2004 transfer authority.
<DELETED>Sec. 1008. Report on amounts remitted and reimbursed during 
                            fiscal year 2004 under section 1007 of 
                            Public Law 108-136.
            <DELETED>Subtitle B--Naval Vessels and Shipyards

<DELETED>Sec. 1011. Authority for award of contracts for ship 
                            dismantling on net-cost basis.
<DELETED>Sec. 1012. Independent study to assess cost effectiveness of 
                            the Navy ship construction program.
<DELETED>Sec. 1013. Authority to transfer specified former naval 
                            vessels to certain foreign countries.
<DELETED>Sec. 1014. Limitation on leasing of foreign-built vessels.
               <DELETED>Subtitle C--Sunken Military Craft

<DELETED>Sec. 1021. Preservation of title to sunken military craft and 
                            associated contents.
<DELETED>Sec. 1022. Prohibitions.
<DELETED>Sec. 1023. Permits.
<DELETED>Sec. 1024. Penalties.
<DELETED>Sec. 1025. Liability for damages.
<DELETED>Sec. 1026. Relationship to other laws.
<DELETED>Sec. 1027. Encouragement of agreements with foreign countries.
<DELETED>Sec. 1028. Definitions.
              <DELETED>Subtitle D--Counter-Drug Activities

<DELETED>Sec. 1031. Continuation of authority to use Department of 
                            Defense funds for unified counterdrug and 
                            counterterrorism campaign in Colombia.
<DELETED>Sec. 1032. Limitation on number of United States military 
                            personnel in Colombia.
                      <DELETED>Subtitle E--Reports

<DELETED>Sec. 1041. Study of continued requirement for two-crew manning 
                            for ballistic missile submarines.
<DELETED>Sec. 1042. Study of effect on defense industrial base of 
                            elimination of United States domestic 
                            firearms manufacturing base.
<DELETED>Sec. 1043. Study of extent and quality of training provided to 
                            members of the Armed Services to prepare 
                            for post-conflict operations.
                 <DELETED>Subtitle F--Security Matters

<DELETED>Sec. 1051. Use of National Driver Register for personnel 
                            security investigations and determinations.
<DELETED>Sec. 1052. Standards for disqualification from eligibility for 
                            Department of Defense security clearance.
          <DELETED>Subtitle G--Transportation-Related Matters

<DELETED>Sec. 1061. Use of military aircraft to transport mail to and 
                            from overseas locations.
<DELETED>Sec. 1062. Reorganization and clarification of certain 
                            provisions relating to control and 
                            supervision of transportation within the 
                            Department of Defense.
<DELETED>Sec. 1063. Determination of whether private air carriers are 
                            controlled by United States citizens for 
                            purposes of eligibility for Government 
                            contracts for transportation of passengers 
                            or supplies.
<DELETED>Sec. 1064. Evaluation of whether to prohibit certain offers 
                            for transportation of security-sensitive 
                            cargo.
<DELETED>Sec. 1065. Phased implementation of new program for 
                            transporting household goods of members of 
                            the Armed Forces.
                   <DELETED>Subtitle H--Other Matters

<DELETED>Sec. 1071. Two-year extension of authority of the Secretary of 
                            Defense to engage in commercial activities 
                            as security for intelligence collection 
                            activities abroad.
<DELETED>Sec. 1072. Assistance for study of feasibility of biennial 
                            international air trade show in the United 
                            States and for initial implementation.
<DELETED>Sec. 1073. Technical and clerical amendments.
<DELETED>Sec. 1074. Commission on the long-term implementation of the 
                            new strategic posture of the United States.
<DELETED>Sec. 1075. Liability protection for certain Department of 
                            Defense volunteers working in the maritime 
                            environment.
<DELETED>Sec. 1076. Transfer of historic F3A-1 Brewster Corsair 
                            aircraft.
<DELETED>Sec. 1077. Assignment of members to assist Bureau of Border 
                            Security and Bureau of Citizenship and 
                            Immigration Services of the Department of 
                            Homeland Security.
<DELETED>Sec. 1078. Authority to accept certain voluntary services.
<DELETED>Sec. 1079. Transfer of excess department of defense personal 
                            property suitable for firefighting use to 
                            support Federal excess personal property 
                            program.
<DELETED>Sec. 1080. Expansion of Department of Defense excess personal 
                            property disposal program to include health 
                            agencies.
<DELETED>Sec. 1081. Placement of memorial in Arlington National 
                            Cemetery honoring noncitizens killed in the 
                            line of duty while serving in the Armed 
                            Forces of the United States.
      <DELETED>TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

<DELETED>Sec. 1101. Payment of Federal employee health benefit premiums 
                            for mobilized Federal employees.
<DELETED>Sec. 1102. Foreign language proficiency pay.
<DELETED>Sec. 1103. Pay parity for civilian intelligence personnel.
<DELETED>Sec. 1104. Pay parity for senior executives in nonappropriated 
                            fund instrumentalities.
<DELETED>Sec. 1105. Prohibition of unauthorized wearing or use of 
                            civilian medals or decorations.
         <DELETED>TITLE XII--MATTERS RELATING TO OTHER NATIONS

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

<DELETED>Sec. 1201. Documentation of conditions in Iraq under former 
                            dictatorial government as part of 
                            transition to post-dictatorial government.
<DELETED>Sec. 1202. Support of military operations to combat terrorism.
<DELETED>Sec. 1203. Commanders' Emergency Response Program.
<DELETED>Sec. 1204. Status of Iraqi security forces.
<DELETED>Sec. 1205. Guidance and report required on contractors 
                            supporting deployed forces in Iraq.
<DELETED>Sec. 1206. Findings and sense of Congress concerning Army 
                            Specialist Joseph Darby.
<DELETED>Sec. 1207. Sense of Congress concerning the abuse of persons 
                            in custody in Iraq.
<DELETED>Sec. 1208. Sense of Congress regarding limitation on use of 
                            funds for the reconstruction of Iraq.
<DELETED>Sec. 1209. Sense of Congress on destruction of Abu Ghraib 
                            prison in Iraq.
                   <DELETED>Subtitle B--Other Matters

<DELETED>Sec. 1211. Assignment of allied naval personnel to submarine 
                            safety programs.
<DELETED>Sec. 1212. Expansion of entities of the People's Republic of 
                            China subject to certain presidential 
                            authorities when operating in the United 
                            States.
<DELETED>Sec. 1213. Report by President on Global Peace Operations 
                            Initiative.
<DELETED>Sec. 1214. Procurement sanctions against foreign persons that 
                            transfer certain defense articles and 
                            services to the People's Republic of China.
<DELETED>Sec. 1215. Military educational exchanges between senior 
                            officers and officials of the United States 
                            and Taiwan.
 <DELETED>TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE 
                          FORMER SOVIET UNION

<DELETED>Sec. 1301. Specification of Cooperative Threat Reduction 
                            programs and funds.
<DELETED>Sec. 1302. Funding allocations.
<DELETED>Sec. 1303. Temporary authority to waive limitation on funding 
                            for chemical weapons destruction facility 
                            in Russia.
  <DELETED>TITLE XIV--EXPORT CONTROL AND COUNTERPROLIFERATION MATTERS

                  <DELETED>Subtitle A--Export Controls

<DELETED>Sec. 1401. Definitions under Arms Export Control Act.
<DELETED>Sec. 1402. Exemption from licensing requirements for export of 
                            significant military equipment.
<DELETED>Sec. 1403. Cooperative projects with friendly foreign 
                            countries.
<DELETED>Sec. 1404. Licensing requirement for export of militarily 
                            critical technologies.
<DELETED>Sec. 1405. Control of exports of United States weapons 
                            technology to the People's Republic of 
                            China.
<DELETED>Sec. 1406. Strengthening international export controls.
           <DELETED>Subtitle B--Counterproliferation Matters

<DELETED>Sec. 1411. Defense international counterproliferation 
                            programs.
<DELETED>Sec. 1412. Defense counterproliferation fellowship program.
<DELETED>Subtitle C--Initiatives Relating to Countries of Former Soviet 
                                 Union

<DELETED>Sec. 1421. Silk Road initiative.
<DELETED>Sec. 1422. Teller-Kurchatov nonproliferation fellowships.
<DELETED>Sec. 1423. Collaboration to reduce the risks of a launch of 
                            Russian nuclear weapons.
 <DELETED>TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION 
              IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

<DELETED>Sec. 1501. Purpose.
          <DELETED>Subtitle A--Authorization of Appropriations

<DELETED>Sec. 1511. Army procurement.
<DELETED>Sec. 1512. Navy and Marine Corps procurement.
<DELETED>Sec. 1513. Air Force procurement.
<DELETED>Sec. 1514. Defense-wide activities procurement.
<DELETED>Sec. 1515. Operation and maintenance.
<DELETED>Sec. 1516. Defense health program.
<DELETED>Sec. 1517. Military personnel.
<DELETED>Sec. 1518. Treatment as additional authorizations.
<DELETED>Sec. 1519. Transfer authority.
<DELETED>Sec. 1520. Designation of emergency authorizations.
               <DELETED>Subtitle B--Personnel Provisions

<DELETED>Sec. 1531. Three-year increase in active Army strength levels.
<DELETED>Sec. 1532. Three-year increase in active Marine Corps strength 
                            levels.
<DELETED>Sec. 1533. Extension of increased rates for imminent danger 
                            pay and family separation allowance.
           <DELETED>Subtitle C--Financial Management Matters

<DELETED>Sec. 1541. Revised funding methodology for military retiree 
                            health care benefits.
       <DELETED>DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

<DELETED>Sec. 2001. Short title.
                        <DELETED>TITLE XXI--ARMY

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

<DELETED>Sec. 2201. Authorized Navy construction and land acquisition 
                            projects.
<DELETED>Sec. 2202. Family housing.
<DELETED>Sec. 2203. Improvements to military family housing units.
<DELETED>Sec. 2204. Authorization of appropriations, Navy.
                    <DELETED>TITLE XXIII--AIR FORCE

<DELETED>Sec. 2301. Authorized Air Force construction and land 
                            acquisition projects.
<DELETED>Sec. 2302. Family housing.
<DELETED>Sec. 2303. Improvements to military family housing units.
<DELETED>Sec. 2304. Authorization of appropriations, Air Force.
                 <DELETED>TITLE XXIV--DEFENSE AGENCIES

<DELETED>Sec. 2401. Authorized Defense Agencies construction and land 
                            acquisition projects.
<DELETED>Sec. 2402. Improvements to military family housing units.
<DELETED>Sec. 2403. Energy conservation projects.
<DELETED>Sec. 2404. Authorization of appropriations, Defense Agencies.
    <DELETED>TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
                           INVESTMENT PROGRAM

<DELETED>Sec. 2501. Authorized NATO construction and land acquisition 
                            projects.
<DELETED>Sec. 2502. Authorization of appropriations, NATO.
        <DELETED>TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

<DELETED>Sec. 2601. Authorized Guard and Reserve construction and land 
                            acquisition projects.
    <DELETED>TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

<DELETED>Sec. 2701. Expiration of authorizations and amounts required 
                            to be specified by law.
<DELETED>Sec. 2702. Extension of authorizations of certain fiscal year 
                            2002 projects.
<DELETED>Sec. 2703. Extension and renewal of authorizations of certain 
                            fiscal year 2001 projects.
<DELETED>Sec. 2704. Effective date.
               <DELETED>TITLE XXVIII--GENERAL PROVISIONS

<DELETED>Subtitle A--Military Construction Program and Military Family 
                            Housing Changes

<DELETED>Sec. 2801. Increase in certain thresholds for carrying out 
                            unspecified minor military construction 
                            projects.
<DELETED>Sec. 2802. Assessment of vulnerability of military 
                            installations to terrorist attack and 
                            annual report on military construction 
                            requirements related to antiterrorism and 
                            force protection.
<DELETED>Sec. 2803. Change in threshold for congressional notification 
                            regarding use of operation and maintenance 
                            funds for facility repair.
<DELETED>Sec. 2804. Reporting requirements regarding military family 
                            housing requirements for general officers 
                            and flag officers.
<DELETED>Sec. 2805. Congressional notification of deviations from 
                            authorized cost variations for military 
                            construction projects and military family 
                            housing projects.
<DELETED>Sec. 2806. Repeal of limitation on use of alternative 
                            authority for acquisition and improvement 
                            of military family housing.
<DELETED>Sec. 2807. Temporary authority to accelerate design efforts 
                            for military construction projects carried 
                            out using design-build selection 
                            procedures.
<DELETED>Sec. 2808. Exchange or sale of reserve component facilities to 
                            acquire replacement facilities.
<DELETED>Sec. 2809. One-year extension of temporary, limited authority 
                            to use operation and maintenance funds for 
                            construction projects outside the United 
                            States.
<DELETED>Sec. 2810. Consideration of combination of military medical 
                            treatment facilities and health care 
                            facilities of Department of Veterans 
                            Affairs.
    <DELETED>Subtitle B--Real Property and Facilities Administration

<DELETED>Sec. 2811. Increase in certain thresholds for reporting real 
                            property transactions.
<DELETED>Sec. 2812. Reorganization of existing administrative 
                            provisions relating to real property 
                            transactions.
<DELETED>Sec. 2813. Treatment of money rentals from golf course at Rock 
                            Island Arsenal, Illinois.
<DELETED>Sec. 2814. Number of contracts authorized department-wide 
                            under demonstration program on reduction in 
                            long-term facility maintenance costs.
<DELETED>Sec. 2815. Repeal of Commission on Review of Overseas Military 
                            Facility Structure of the United States.
<DELETED>Sec. 2816. Designation of Airmen Leadership School at Luke Air 
                            Force Base, Arizona, in honor of John J. 
                            Rhodes, a former minority leader of the 
                            House of Representatives.
<DELETED>Sec. 2817. Elimination of reversionary interests clouding 
                            United States title to property used as 
                            Navy homeports.
<DELETED>Sec. 2818. Report on feasibility of veterans memorial at 
                            Marine Corps Air Station, El Toro, 
                            California.
           <DELETED>Subtitle C--Base Closure and Realignment

<DELETED>Sec. 2821. Two-year postponement of 2005 base closure and 
                            realignment round and submission of reports 
                            regarding future infrastructure 
                            requirements for the armed forces.
<DELETED>Sec. 2822. Establishment of specific deadline for submission 
                            of revisions to force-structure plan and 
                            infrastructure inventory for next base 
                            closure round.
<DELETED>Sec. 2823. Specification of final selection criteria for next 
                            base closure round.
<DELETED>Sec. 2824. Requirement for unanimous vote of Defense Base 
                            Closure and Realignment Commission to add 
                            to or otherwise expand closure and 
                            realignment recommendations made by 
                            Secretary of Defense.
<DELETED>Sec. 2825. Adherence to certain authorities on preservation of 
                            military depot capabilities during any 
                            subsequent round of base closures and 
                            realignments.
                 <DELETED>Subtitle D--Land Conveyances

                   <DELETED>Part I--Army Conveyances

<DELETED>Sec. 2831. Transfer of administrative jurisdiction, Defense 
                            Supply Center, Columbus, Ohio.
<DELETED>Sec. 2832. Land conveyance, Fort Hood, Texas.
<DELETED>Sec. 2833. Land conveyance, Army National Guard Facility, 
                            Seattle, Washington.
<DELETED>Sec. 2834. Modification of land exchange and consolidation, 
                            Fort Lewis, Washington.
                   <DELETED>Part II--Navy Conveyances

<DELETED>Sec. 2841. Transfer of jurisdiction, Nebraska Avenue Naval 
                            Complex, District of Columbia.
<DELETED>Sec. 2842. Land conveyance, Navy property, former Fort 
                            Sheridan, Illinois.
<DELETED>Sec. 2843. Land exchange, Naval Air Station, Patuxent River, 
                            Maryland.
                <DELETED>Part III--Air Force Conveyances

<DELETED>Sec. 2851. Land exchange, Maxwell Air Force Base, Alabama.
      <DELETED>DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY 
                AUTHORIZATIONS AND OTHER AUTHORIZATIONS

  <DELETED>TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

     <DELETED>Subtitle A--National Security Programs Authorizations

<DELETED>Sec. 3101. National Nuclear Security Administration.
<DELETED>Sec. 3102. Defense environmental management.
<DELETED>Sec. 3103. Other defense activities.
<DELETED>Sec. 3104. Defense nuclear waste disposal.
    <DELETED>Subtitle B--Program Authorizations, Restrictions, and 
                              Limitations

<DELETED>Sec. 3111. Extension of authority for appointment of certain 
                            scientific, engineering, and technical 
                            personnel.
<DELETED>Sec. 3112. Requirements for baseline of projects under 
                            Facilities and Infrastructure 
                            Recapitalization Program.
                   <DELETED>Subtitle C--Other Matters

<DELETED>Sec. 3131. Transfers and reprogrammings of National Nuclear 
                            Security Administration funds.
<DELETED>Sec. 3132. National Academy of Sciences study on management by 
                            Department of Energy of high-level 
                            radioactive waste.
<DELETED>Sec. 3133. Contract to review Waste Isolation Pilot Plant, New 
                            Mexico.
<DELETED>Sec. 3134. Additional amount for defense site acceleration 
                            completion.
<DELETED>Sec. 3135. Improvements to energy employees occupational 
                            illness compensation program.
     <DELETED>TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

<DELETED>Sec. 3201. Authorization.
           <DELETED>TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

<DELETED>Sec. 3301. Authorized uses of National Defense Stockpile 
                            funds.
<DELETED>Sec. 3302. Relaxation of quantity restrictions on disposal of 
                            manganese ferro in National Defense 
                            Stockpile.
<DELETED>Sec. 3303. Revision of earlier authority to dispose of certain 
                            materials in National Defense Stockpile.
             <DELETED>TITLE XXXIV--NAVAL PETROLEUM RESERVES

<DELETED>Sec. 3401. Authorization of appropriations.
              <DELETED>TITLE XXXV--MARITIME ADMINISTRATION

<DELETED>Sec. 3501. Authorization of appropriations for Maritime 
                            Administration.
<DELETED>Sec. 3502. Extension of authority to provide war risk 
                            insurance for merchant marine vessels.
          <DELETED>TITLE XXXVI--SMALL BUSINESS ADMINISTRATION

<DELETED>Sec. 3601. Addition of landscaping and pest control services 
                            to list of designated industry groups 
                            participating in the small business 
                            competitiveness demonstration program.

<DELETED>SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.</DELETED>

<DELETED>    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.</DELETED>

  <DELETED>DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS</DELETED>

                <DELETED>TITLE I--PROCUREMENT</DELETED>

     <DELETED>Subtitle A--Authorization of Appropriations</DELETED>

<DELETED>SEC. 101. ARMY.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for procurement for the Army as follows:</DELETED>
        <DELETED>    (1) For aircraft, $2,805,941,000.</DELETED>
        <DELETED>    (2) For missiles, $1,414,321,000.</DELETED>
        <DELETED>    (3) For weapons and tracked combat vehicles, 
        $1,739,695,000.</DELETED>
        <DELETED>    (4) For ammunition, $1,729,402,000.</DELETED>
        <DELETED>    (5) For other procurement, 
        $4,313,640,000.</DELETED>

<DELETED>SEC. 102. NAVY AND MARINE CORPS.</DELETED>

<DELETED>    (a) Navy.--Funds are hereby authorized to be appropriated 
for fiscal year 2005 for procurement for the Navy as follows:</DELETED>
        <DELETED>    (1) For aircraft, $8,912,667,000.</DELETED>
        <DELETED>    (2) For weapons, including missiles and torpedoes, 
        $2,253,454,000.</DELETED>
        <DELETED>    (3) For ammunition, $870,840,000.</DELETED>
        <DELETED>    (4) For shipbuilding and conversion, 
        $10,120,027,000.</DELETED>
        <DELETED>    (5) For other procurement, 
        $4,876,725,000.</DELETED>
<DELETED>    (b) Marine Corps.--Funds are hereby authorized to be 
appropriated for fiscal year 2005 for procurement for the Marine Corps 
in the amount of $1,315,103,000.</DELETED>

<DELETED>SEC. 103. AIR FORCE.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for procurement for the Air Force as follows:</DELETED>
        <DELETED>    (1) For aircraft, $13,649,174,000.</DELETED>
        <DELETED>    (2) For ammunition, $1,396,457,000.</DELETED>
        <DELETED>    (3) For missiles, $4,638,313,000.</DELETED>
        <DELETED>    (4) For other procurement, 
        $13,229,257,000.</DELETED>

<DELETED>SEC. 104. DEFENSE-WIDE ACTIVITIES.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for Defense-wide procurement in the amount of 
$2,950,702,000.</DELETED>

             <DELETED>Subtitle B--Program Matters</DELETED>

<DELETED>SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT-WEIGHT 
              155-MILLIMETER HOWITZER PROGRAM.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 112. DDG-51 MODERNIZATION PROGRAM.</DELETED>

<DELETED>    (a) Acceleration of Modernization Program.--The Secretary 
of the Navy shall accelerate the program for in-service modernization 
of the DDG-51 class of destroyers. As part of that modernization 
program, the Secretary shall include additional emphasis on determining 
a means to reduce crew size from approximately 300 to about 
200.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 113. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE 
              FUNDING OF CRUISER CONVERSIONS AND OVERHAULS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 114. FORCE PROTECTION FOR ASYMMETRIC THREAT 
              ENVIRONMENT.</DELETED>

<DELETED>    (a) Requirement for Asymmetric Threat Assessment.--(1) The 
Secretary of Defense shall require the Secretary of each military 
department to perform an assessment of the survivability and 
suitability against asymmetrical threats of each of the following 
military systems under the jurisdiction of that Secretary:</DELETED>
        <DELETED>    (A) Each manned ground system or war-fighter 
        survivability system that may be required to deploy in an 
        asymmetrical threat environment.</DELETED>
        <DELETED>    (B) Each manned airborne system that may be 
        required to deploy in an asymmetrical threat 
        environment.</DELETED>
<DELETED>    (2) For each system covered by paragraph (1), the 
Secretary concerned shall establish the key performance parameters for 
survivability and suitability against asymmetric threats.</DELETED>
<DELETED>    (3) The assessments under paragraph (1) shall be completed 
not later than July 1, 2005.</DELETED>
<DELETED>    (4) The Secretary of each military department shall review 
annually the assessments under paragraph (1) conducted by that 
Secretary to ensure that the assessments remains relevant to the 
asymmetric threat environment.</DELETED>
<DELETED>    (b) Requirement for Force Protection.--(1) The Secretary 
of Defense shall require the Secretary of each military department, for 
each system covered by subsection (a)(1) under that Secretary's 
jurisdiction, either to--</DELETED>
        <DELETED>    (A) take each of the force protection or 
        survivability steps specified in paragraph (2); or</DELETED>
        <DELETED>    (B) restrict the system from deployment to an 
        asymmetrical threat environment.</DELETED>
<DELETED>    (2) The force protection or survivability steps for a 
system covered by subsection (a)(1) are the following:</DELETED>
        <DELETED>    (A) Development of force protection or 
        survivability enhancements for the system that meet the key 
        performance parameters established for that system under 
        subsection (a)(2).</DELETED>
        <DELETED>    (B) Budgeting for in-service modification programs 
        for the system to provide force protection and survivability 
        enhancements developed under subparagraph (A).</DELETED>
        <DELETED>    (C) Development of tactics, techniques, and 
        procedures for the system to maximize force protection and 
        survivability.</DELETED>
<DELETED>    (c) Waiver.--The Secretary of Defense may waive the 
applicability of subsection (b) to a system covered by subsection 
(a)(1) if the Secretary determines that, but for such a waiver, the 
Department would be unable to meet national security objectives. 
Whenever the Secretary makes such a determination and authorizes such a 
waiver, the Secretary shall submit notice of such waiver and of the 
Secretary's determination and the reasons therefor in writing to the 
congressional defense committees.</DELETED>
<DELETED>    (d) Requirement for New Development Military Acquisition 
Programs.--The Secretary of Defense shall require the Secretary of each 
military department, for each military acquisition program that has not 
entered low-rate initial production as of the date of the enactment of 
this Act, to include in the development of that program--</DELETED>
        <DELETED>    (1) as part of the system requirements 
        development, assessments of war-fighter survivability and of 
        system suitability against asymmetrical threats; and</DELETED>
        <DELETED>    (2) as part of the documentation of system 
        requirements, requirements for key performance parameters for 
        force protection and survivability.</DELETED>
<DELETED>    (e) Asymmetrical Threat Environment.--For purposes of this 
section, the term ``asymmetrical threat environment'', with respect to 
a manned system, means a security, stability, or peacekeeping operation 
in which the system is deployed or any other such environment in which 
an asymmetrical threat may exist (or, in the case of a manned airborne 
system, another such environment in which airborne operations would 
subject the system to a ground-based asymmetrical threat).</DELETED>

<DELETED>SEC. 115. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE TO 
              BE MADE ON BASIS OF UNITS DEPLOYED OR PREPARING TO 
              DEPLOY.</DELETED>

<DELETED>    The Secretary of Defense shall provide that, in the 
allocation to operational units of equipment acquired using funds 
authorized to be appropriated by this title, priority shall be given to 
units that are deployed to, or preparing to deploy to, Operation Iraqi 
Freedom or Operation Enduring Freedom, regardless of the status of 
those units as active, Guard, or reserve component units.</DELETED>

<DELETED>SEC. 116. MULTIYEAR PROCUREMENT AUTHORITY FOR KC-767 TANKER 
              AIRCRAFT ACQUISITION PROGRAM.</DELETED>

<DELETED>    (a) Multiyear Procurement Authority.--(1) The Secretary of 
the Air Force may, in accordance with section 2306b of title 10, United 
States Code, enter into a multiyear contract, beginning with the fiscal 
year 2005 program year, for procurement of 80 KC-767 tanker 
aircraft.</DELETED>
<DELETED>    (2) Notwithstanding subsection (k) of section 2306b of 
title 10, United States Code, a contract under this subsection may be 
for any period not in excess of eight program years.</DELETED>
<DELETED>    (b) Limitation.--Subsection (b) of section 135 of the 
National Defense Authorization Act for Fiscal Year 2004 (Public Law 
108-136; 117 Stat. 1413; 10 U.S.C. 2401a note) is repealed.</DELETED>
<DELETED>    (c) Relationship to Previous Law.--The multiyear 
procurement authority in subsection (a) may not be executed under 
section 135 of the National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108-136; 117 Stat. 1413; 10 U.S.C. 2401a note) or 
under section 8159 of the Department of Defense Appropriations Act, 
2002 (division A of Public Law 107-117).</DELETED>

<DELETED>SEC. 117. OTHER MATTERS RELATING TO KC-767 TANKER AIRCRAFT 
              ACQUISITION PROGRAM.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
        <DELETED>    (1) aerial refueling capability for the Armed 
        Forces is a critical combat force multiplier;</DELETED>
        <DELETED>    (2) the Nation must expeditiously proceed with a 
        program to replace the Air Force's aging fleet of aerial 
        refueling tankers;</DELETED>
        <DELETED>    (3) in pursuing an aerial refueling tanker 
        program, the Department of Defense should take full advantage 
        of the United States commercial aircraft production base; 
        and</DELETED>
        <DELETED>    (4) anyone suspected of involvement in improper or 
        illegal activities associated with such a program should be 
        investigated and, if warranted, prosecuted to the fullest 
        extent of the law.</DELETED>
<DELETED>    (b) Requirement for Renegotiation of Contract.--The 
Secretary of the Air Force shall enter into one or more contracts for 
the Air Force multiyear tanker aircraft program no later than March 1, 
2005, provided that any such contract is negotiated after June 1, 
2004.</DELETED>
<DELETED>    (c) Review by Outside Panel.--(1) The Secretary of Defense 
shall establish a panel of experts from outside the Department of 
Defense to review any proposed contract for the multiyear tanker 
aircraft program. The panel shall be comprised of individuals who, by 
reason of education, training, or experience, have expertise relevant 
to the evaluation of a proposed contract for the lease or procurement 
of aircraft under that program.</DELETED>
<DELETED>    (2) The panel shall review any proposed contract for the 
multiyear tanker aircraft program to assess, and assist the Secretary 
of the Air Force in determining, whether the Air Force would under that 
contract obtain the best value for funds expended. The panel shall 
serve in whatever manner the Secretary of Defense determines is 
appropriate to provide an independent review of any such proposed 
contract. The Secretary shall provide for the panel to make a 
determination of, and to advise the Secretary of the Air Force on, what 
would constitute a fair and reasonable contract for that 
program.</DELETED>
<DELETED>    (d) Report.--The Secretary of Defense shall provide for 
the panel established under subsection (c) to submit a report providing 
the results of its review to the Secretary of the Air Force and the 
congressional defense committees.</DELETED>
<DELETED>    (e) Multiyear Tanker Aircraft Program Defined.--In this 
section, the term ``multiyear tanker aircraft program'' means the 
program for--</DELETED>
        <DELETED>    (1) lease of no more than 20 aerial refueling 
        aircraft for the Air Force authorized under section 8159 of the 
        Department of Defense Appropriations Act, 2002 (division A of 
        Public Law 107-117; 115 Stat. 2284), subject to section 135(a) 
        of the National Defense Authorization Act for Fiscal Year 2004 
        (Public Law 108-136; 117 Stat. 1413); and</DELETED>
        <DELETED>    (2) procurement of no more than 80 KC-767 tanker 
        aircraft for which a multiyear procurement contract is 
        authorized by section 116(a) of this Act.</DELETED>
<DELETED>    (f) Interpretation.--Section 134 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1412) is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(c) Interpretation.--Nothing in subsection (b) or 
section 1111 of the Emergency Supplemental Appropriations Act for 
Defense and for the Reconstruction of Iraq and Afghanistan, 2004 
(Public Law 108-106; 117 Stat. 1215) is intended to prohibit the 
Secretary of the Air Force from executing the program described in 
section 135(a) of this Act and section 116 of the National Defense 
Authorization Act for Fiscal Year 2005.''.</DELETED>

<DELETED>SEC. 118. ADDITIONAL AMOUNT FOR PATRIOT MISSILE 
              PROCUREMENT.</DELETED>

<DELETED>    (a) Additional Amounts.--The amount in section 101 for 
Army procurement, missiles, is hereby increased by $90,000,000, to be 
available for Patriot missiles.</DELETED>
<DELETED>    (b) Offsetting Reductions.--(1) The amount in section 101 
for Other Support Space Programs is hereby decreased by $27,000,000, to 
be derived from Titan Space Boosters (SPACE).</DELETED>
<DELETED>    (2) The amount in section 301(4) for operation and 
maintenance, Air Force, is hereby reduced by $15,000,000, to be derived 
from the transportation working capital fund.</DELETED>
<DELETED>    (3) The amount in section 201(4) for research, 
development, test, and evaluation, defense-wide, is hereby reduced by 
$48,000,000, to be derived from the Ballistic Missile Defense System 
Interceptor program element (PE 63886C).</DELETED>

<DELETED>SEC. 119. TRANSFER OF CERTAIN ARMY PROCUREMENT 
              FUNDS.</DELETED>

<DELETED>    (a) Increase for Certain Helicopter Items.--The amount 
provided in section 101(1) for procurement of aircraft for the Army is 
hereby increased by $4,000,000, of which--</DELETED>
        <DELETED>    (1) $2,000,000 shall be available for procurement 
        of the Aircraft Wireless Intercom System; and</DELETED>
        <DELETED>    (2) $2,000,000 shall be available for procurement 
        of bladefold kits for Apache Helicopters.</DELETED>
<DELETED>    (b) Offset.--The amount provided in section 101(5) for 
Other Procurement, Army, is hereby reduced by $4,000,000, to be derived 
from amounts for Information Systems.</DELETED>

          <DELETED>TITLE II--RESEARCH, DEVELOPMENT, TEST, AND 
                          EVALUATION</DELETED>

     <DELETED>Subtitle A--Authorization of Appropriations</DELETED>

<DELETED>SEC. 201. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>     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:</DELETED>
        <DELETED>    (1) For the Army, $9,478,164,000.</DELETED>
        <DELETED>    (2) For the Navy, $16,047,841,000.</DELETED>
        <DELETED>    (3) For the Air Force, $21,527,967,000.</DELETED>
        <DELETED>    (4) For Defense-wide activities, $21,074,389,000, 
        of which $305,135,000 is authorized for the Director of 
        Operational Test and Evaluation.</DELETED>

<DELETED>SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.</DELETED>

<DELETED>    (a) Fiscal Year 2005.--Of the amounts authorized to be 
appropriated by section 201, $11,067,698,000 shall be available for the 
Defense Science and Technology Program, including basic research, 
applied research, and advanced technology development 
projects.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 203. PROGRAM INCREASES.</DELETED>

<DELETED>    (a) Nano-composite Hard-coat for Aircraft Canopies.--The 
amount provided in section 201(2) for research development, test and 
evaluation, Navy, is hereby increased by $5,000,000, to be available 
for Nano-composite hard-coat for aircraft canopies in Program Element 
0205633N.</DELETED>
<DELETED>    (b) Command-and-Control Service Level Management.--The 
amount provided in section 201(3) for research development, test and 
evaluation, Air Force, is hereby increased by $5,000,000, to be 
available for command-and-control service level management in Program 
Element 0207443F for best-commercial practices and enterprise wide 
architectures for military command-and-control applications.</DELETED>

     <DELETED>Subtitle B--Program Requirements, Restrictions, and 
                         Limitations</DELETED>

<DELETED>SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Elements of Program Strategy.--The program strategy 
shall--</DELETED>
        <DELETED>    (1) require the release, at the design readiness 
        review, of not less than 90 percent of engineering drawings for 
        the building of prototypes;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) The independent cost estimate with respect to 
        the program prepared by the cost analysis improvement group of 
        the Office of the Secretary of Defense.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) A report, prepared by the chief information 
        officer of the Army, describing--</DELETED>
                <DELETED>    (A) the status of the development and 
                integration of the network and the command, control, 
                computers, communications, intelligence, surveillance, 
                and reconnaissance components; and</DELETED>
                <DELETED>    (B) the progress made toward meeting the 
                requirements for network-centric capabilities as set 
                forth by such officer.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Limitation on Funding.--(1) Except as provided in 
paragraph (2), the Secretary of the Army may not obligate, from amounts 
made available for fiscal year 2005, more than $2,200,000,000 for the 
Future Combat Systems acquisition program.</DELETED>
<DELETED>    (2) The limitation in paragraph (1) shall not apply after 
the Secretary of the Army submits to Congress the Secretary's 
certification that the Secretary has established and implemented the 
program strategy required by subsection (a).</DELETED>

<DELETED>SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOPMENT 
              OF VACUUM ELECTRONICS TECHNOLOGIES.</DELETED>

<DELETED>    (a) Program Required.--The Secretary of Defense shall 
establish a program for research and development in advanced vacuum 
electronics to meet the requirements of the Department of Defense 
electromagnetic systems.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Activities needed for development and 
        maturation of advanced vacuum electronics technologies needed 
        to meet the requirements of the Department of 
        Defense.</DELETED>
        <DELETED>    (2) Identification of legacy and developmental 
        electromagnetic systems for use of advanced vacuum electronics 
        under the program.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Identification of the officer to have lead 
        responsibility for carrying out the program.</DELETED>
        <DELETED>    (2) A description of the management plan for the 
        program and any agreements relating to that plan.</DELETED>
        <DELETED>    (3) A schedule for the program.</DELETED>
        <DELETED>    (4) Identification of the funding required for 
        fiscal year 2006 and for the future-years defense program to 
        carry out the program.</DELETED>
        <DELETED>    (5) A list of program capability goals and 
        objectives.</DELETED>
<DELETED>    (d) Funding.--Of the funds authorized to be appropriated 
in section 201--</DELETED>
        <DELETED>    (1) $13,500,000 shall be available in program 
        element 62771N for applied research in vacuum electronics; 
        and</DELETED>
        <DELETED>    (2) $5,000,000 shall be available in program 
        element 63771N for advanced technology development in vacuum 
        electronics.</DELETED>

<DELETED>SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT STRIKE 
              FIGHTER PROGRAM.</DELETED>

<DELETED>    (a) Annual GAO Review.--The Comptroller General shall 
conduct an annual review of the Joint Strike Fighter aircraft program 
and shall, not later than March 15 of each year, submit to Congress a 
report on the results of the most recent review. With each such report, 
the Comptroller General shall submit a certification as to whether the 
Comptroller General has had access to sufficient information to enable 
the Comptroller General to make informed judgments on the matters 
covered by the report.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) The extent to which such system development 
        and demonstration is meeting established goals, including the 
        goals established for performance, cost, and 
        schedule.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    (a) In General.--Chapter 9 of title 10, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 232. United States Joint Forces Command: amounts for 
              research, development, test, and evaluation to be derived 
              only from Defense-wide amounts</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

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

<DELETED>SEC. 215. SPACE BASED RADAR.</DELETED>

<DELETED>    (a) Limitation.--In carrying out the Space Based Radar 
program, the Secretary of Defense may not authorize that program to 
proceed into the system development and procurement phase referred to 
as Milestone B until the Secretary--</DELETED>
        <DELETED>    (1) submits to the congressional defense 
        committees, the Permanent Select Committee on Intelligence of 
        the House of Representatives, and the Select Committee on 
        Intelligence of the Senate a report described in subsection 
        (b); and</DELETED>
        <DELETED>    (2) a period of 30 days has elapsed after the date 
        on which such report is submitted.</DELETED>
<DELETED>    (b) Report.--A report under this subsection is a report on 
the Space Based Radar program in which the Secretary of Defense sets 
forth the following with respect to that program:</DELETED>
        <DELETED>    (1) A description of the technical system concept 
        selected.</DELETED>
        <DELETED>    (2) A description of the concept of operations 
        associated with the technical system concept 
        selected.</DELETED>
        <DELETED>    (3) An independent cost estimate for development 
        and procurement under the program.</DELETED>
        <DELETED>    (4) The acquisition strategy for the 
        program.</DELETED>

<DELETED>SEC. 216. MARK-54 TORPEDO PRODUCT IMPROVEMENT 
              PROGRAM.</DELETED>

<DELETED>    Of the amount provided in section 201 for research, 
development, test, and evaluation for the Navy, $2,000,000 within the 
budget line designated as line 120 shall be available for the Mark-54 
Torpedo Product Improvement Program.</DELETED>

        <DELETED>Subtitle C--Ballistic Missile Defense</DELETED>

<DELETED>SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE 
              CAPABILITIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

        <DELETED>TITLE III--OPERATION AND MAINTENANCE</DELETED>

     <DELETED>Subtitle A--Authorization of Appropriations</DELETED>

<DELETED>SECTION 301. OPERATION AND MAINTENANCE FUNDING.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) For the Army, $25,838,611,000.</DELETED>
        <DELETED>    (2) For the Navy, $29,523,490,000.</DELETED>
        <DELETED>    (3) For the Marine Corps, 
        $3,637,615,000.</DELETED>
        <DELETED>    (4) For the Air Force, $27,143,566,000.</DELETED>
        <DELETED>    (5) For Defense-wide activities, 
        $17,317,406,000.</DELETED>
        <DELETED>    (6) For the Army Reserve, 
        $2,003,728,000.</DELETED>
        <DELETED>    (7) For the Naval Reserve, 
        $1,240,038,000.</DELETED>
        <DELETED>    (8) For the Marine Corps Reserve, 
        $188,696,000</DELETED>
        <DELETED>    (9) For the Air Force Reserve, 
        $2,226,790,000</DELETED>
        <DELETED>    (10) For the Army National Guard, 
        $4,425,686,000.</DELETED>
        <DELETED>    (11) For the Air National Guard, 
        $4,448,938,000.</DELETED>
        <DELETED>    (12) For the United States Court of Appeals for 
        the Armed Forces, $10,825,000.</DELETED>
        <DELETED>    (13) For Environmental Restoration, Army, 
        $400,948,000.</DELETED>
        <DELETED>    (14) For Environmental Restoration, Navy, 
        $266,820,000.</DELETED>
        <DELETED>    (15) For Environmental Restoration, Air Force, 
        $397,368,000.</DELETED>
        <DELETED>    (16) For Environmental Restoration, Defense-wide, 
        $23,684,000</DELETED>
        <DELETED>    (17) For Environmental Restoration, Formerly Used 
        Defense Sites, $216,516,000.</DELETED>
        <DELETED>    (18) For Overseas Humanitarian, Disaster, and 
        Civic Aid programs, $59,000,000.</DELETED>
        <DELETED>    (19) For Cooperative Threat Reduction programs, 
        $409,200,000.</DELETED>
        <DELETED>    (20) For the Overseas Contingency Operations 
        Transfer Fund, $5,000,000.</DELETED>
        <DELETED>    (21) For the Defense Industrial Base Capabilities 
        Fund, $50,000,000</DELETED>

<DELETED>SEC. 302. WORKING CAPITAL FUNDS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) For the Defense Working Capital Funds, 
        $372,886,000.</DELETED>
        <DELETED>    (2) For the National Defense Sealift Fund, 
        $1,219,252,000.</DELETED>
        <DELETED>    (3) For the Defense Working Capital Fund, Defense 
        Commissary, $1,175,000,000</DELETED>

<DELETED>SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.</DELETED>

<DELETED>    (a) Defense Health Program.--Funds are hereby authorized 
to be appropriated for the Department of Defense for fiscal year 2005 
for expenses, not otherwise provided for, for the Defense Health 
Program, $17,811,586,000, of which--</DELETED>
        <DELETED>    (1) $17,374,544,000 is for Operation and 
        Maintenance;</DELETED>
        <DELETED>    (2) $72,407,000 is for Research, Development, 
        Test, and Evaluation; and</DELETED>
        <DELETED>    (3) $364,635,000 is for Procurement.</DELETED>
<DELETED>    (b) Chemical Agents and Munitions Destruction, Defense.--
(1) Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2005 for expenses, not otherwise provided 
for, for Chemical Agents and Munitions Destruction, Defense, 
$1,371,990,000, of which--</DELETED>
        <DELETED>    (A) $1,138,801,000 is for Operation and 
        Maintenance;</DELETED>
        <DELETED>    (B) $154,209,000 is for Research, Development, 
        Test, and Evaluation; and</DELETED>
        <DELETED>    (C) $78,980,000 is for Procurement.</DELETED>
<DELETED>    (2) Amounts authorized to be appropriated under paragraph 
(1) are authorized for--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (B) the destruction of chemical warfare materiel 
        of the United States that is not covered by section 1412 of 
        such Act.</DELETED>
<DELETED>    (c) Drug Interdiction and Counter-Drug Activities, 
Defense-wide.--Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2005 for expenses, not otherwise 
provided for, for Drug Interdiction and Counter-Drug Activities, 
Defense-wide, $852,697,000.</DELETED>
<DELETED>    (d) Defense Inspector General.--Funds are hereby 
authorized to be appropriated for the Department of Defense for fiscal 
year 2005 for expenses, not otherwise provided for, for the Office of 
the Inspector General of the Department of Defense, $193,562,000, of 
which--</DELETED>
        <DELETED>    (1) $191,362,000 is for Operation and 
        Maintenance;</DELETED>
        <DELETED>    (2) $2,100,000 is for Research, Development, Test, 
        and Evaluation; and</DELETED>
        <DELETED>    (3) $100,000 is for Procurement.</DELETED>

<DELETED>SEC. 304. REIMBURSEMENT OF MEMBERS OF THE ARMED FORCES WHO 
              PURCHASED PROTECTIVE BODY ARMOR DURING SHORTAGE OF 
              DEFENSE STOCKS OF BODY ARMOR.</DELETED>

<DELETED>    (a) Reimbursement Authorized.--The Secretary of Defense 
may reimburse a member of the Armed Forces for the cost of protective 
body armor purchased by the member, or by another person on behalf of 
the member, for use by the member while deployed in connection with 
Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi 
Freedom if the member was not issued protective body armor before the 
member became engaged in operations in areas or situations described in 
section 310(a)(2) of title 37, United States Code.</DELETED>
<DELETED>    (b) Duration of Authority.--Reimbursement may be provided 
under subsection (a) for protective body armor purchased during the 
period beginning on September 11, 2001, and ending on December 31, 
2003. Not later than 60 days after the date of the enactment of this 
Act, the Secretary shall implement regulations to expedite the 
provision of such reimbursement.</DELETED>

<DELETED>SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE OPERATIONS 
              AND MAINTENANCE.</DELETED>

<DELETED>    The amount authorized to be appropriated in section 301(4) 
is hereby reduced by $10,000,000, to be derived from the transportation 
working capital fund.</DELETED>

<DELETED>SEC. 306. ELIMINATION OF BACKLOG IN PROCESSING FORENSIC 
              EVIDENCE COLLECTION KITS AND ACQUISITION OF SUFFICIENT 
              STOCKS OF SUCH KITS.</DELETED>

<DELETED>    The Secretary of Defense shall take such steps as may be 
necessary to eliminate the current backlog in the processing of 
forensic evidence collection kits used by the Department of Defense, to 
shorten the time period between the use of such kits and their 
processing in the future, and to ensure an adequate supply of such kits 
for all domestic and overseas United States military installations, 
including the military service academies, and for units of the Armed 
Forces deployed in theaters of operation.</DELETED>

        <DELETED>Subtitle B--Environmental Provisions</DELETED>

<DELETED>SEC. 311. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH 
              TEST AND TRAINING RANGE, UTAH.</DELETED>

<DELETED>    (a) Report Required.--The Secretary of the Air Force shall 
prepare a report that outlines current and anticipated encroachments on 
the use and utility of the special use airspace of the Utah Test and 
Training Range in the State of Utah, including encroachments brought 
about through actions of other Federal agencies. The Secretary shall 
include such recommendations as the Secretary considers appropriate 
regarding any legislative initiatives necessary to address encroachment 
problems identified by the Secretary in the report.</DELETED>
<DELETED>    (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.</DELETED>

       <DELETED>Subtitle C--Workplace and Depot Issues</DELETED>

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

<DELETED>    Subsection (d) of section 2466 of title 10, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>    ``(d) Annual Report and Review.--(1) Not later than April 
1 of each year, the Secretary of Defense shall submit to Congress a 
report identifying, for each of the armed forces (other than the Coast 
Guard) and each Defense Agency, the percentage of the funds referred to 
in subsection (a) that was expended during the preceding fiscal year, 
and are projected to be expended in the current fiscal year and next 
fiscal year, for performance of depot-level maintenance and repair 
workloads by the public and private sectors.</DELETED>
<DELETED>    ``(2) Not later than 60 days after the date on which the 
Secretary submits a report under paragraph (1), the Comptroller General 
shall submit to Congress the Comptroller General's views on whether--
</DELETED>
        <DELETED>    ``(A) the Department of Defense has complied with 
        the requirements of subsection (a) during the preceding fiscal 
        year covered by the report; and</DELETED>
        <DELETED>    ``(B) the expenditure projections for the current 
        fiscal year and next fiscal year are reasonable.''.</DELETED>

<DELETED>SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING 
              MANAGEMENT OF DEPOT EMPLOYEES.</DELETED>

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

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

<DELETED>SEC. 323. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY 
              CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE.</DELETED>

<DELETED>    (a) In General.--Section 2461(b) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:</DELETED>
<DELETED>    ``(5)(A) A function of the Department of Defense performed 
by 10 or more civilian employees may not be converted, in whole or in 
part, to performance by a contractor unless, the conversion is based on 
the results of a public-private competition process that--</DELETED>
        <DELETED>    ``(i) formally compares the cost of civilian 
        employee performance of the function with the costs of 
        performance by a contractor;</DELETED>
        <DELETED>    ``(ii) creates an agency tender, including a most 
        efficient organization plan, in accordance with Office of 
        Management and Budget Circular A-76, as implemented on May 29, 
        2003;</DELETED>
        <DELETED>    ``(iii) determines whether the submitted offers 
        meet the needs of the Department of Defense with respect to 
        factors other than cost, including quality and 
        reliability;</DELETED>
        <DELETED>    ``(iv) requires continued performance of the 
        function by civilian employees if the cost of performance of 
        the function by a contractor would, over all performance 
        periods required by the solicitation, cost less than--
        </DELETED>
                <DELETED>    ``(I) 10 percent of the personnel-related 
                costs for performance of that activity or function in 
                the agency tender; or</DELETED>
                <DELETED>    ``(II) $10,000,000; and</DELETED>
        <DELETED>    ``(v) provides no advantage to an offeror for a 
        proposal to reduce costs for the Department of Defense by--
        </DELETED>
                <DELETED>    ``(I) not making an employer-sponsored 
                health insurance plan available to the workers who are 
                to be employed in the performance of such function 
                under a contract; or</DELETED>
                <DELETED>    ``(II) offering to such workers an 
                employer-sponsored health benefits plan that requires 
                the employer to contribute less towards the premium or 
                subscription share than that which is paid by the 
                Department of Defense for health benefits for civilian 
                employees under chapter 89 of title 5.</DELETED>
<DELETED>    ``(B) Any modification, reorganization, division, or other 
change in the organization of a function of the Department of Defense 
so that is performed by less than 10 civilian employees of the 
Department of Defense and, therefore, excluded from subparagraph (A), 
is prohibited.</DELETED>
<DELETED>    ``(C) Any function that is performed by civilian employees 
of the Department of Defense and is proposed to be reengineered, 
reorganized, modernized, upgraded, expanded, or changed in order to 
become more efficient, but the civilian employees would still provide 
essentially the same service, is subject to the competition requirement 
in subparagraph (A).</DELETED>
<DELETED>    ``(D) The cost savings requirement specified in 
subparagraph (A) does not apply to any contracts for special studies 
and analyses, construction services, architectural services, medical 
services, scientific and technical services related to (but not in 
support of) research and development, and depot-level maintenance and 
repair services.</DELETED>
<DELETED>    ``(E) The Secretary of Defense may waive the competition 
requirement in specific instances if--</DELETED>
        <DELETED>    ``(i) the written waiver is prepared by the 
        Secretary of Defense, or the relevant Assistant Secretary or 
        agency head;</DELETED>
        <DELETED>    ``(ii) the written waiver is accompanied by a 
        detailed determination that national security interests are so 
        compelling as to preclude compliance with the requirement for a 
        public-private competition; and</DELETED>
        <DELETED>    ``(iii) a copy of the waiver is published in the 
        Federal Register within 10 working days after the date on which 
        the waiver is invoked, although use of the waiver need not be 
        delayed until its publication.''.</DELETED>
<DELETED>    (b) Relation to Pilot Program.--Paragraph (5) of section 
2461(b) of title 10, United States Code, as added by subsection (a) 
shall not apply with respect to the pilot program for best-value source 
selection for performance of information technology services authorized 
by section 336 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1444; 10 U.S.C. 2461 
note).</DELETED>

<DELETED>SEC. 324. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM.</DELETED>

<DELETED>    (a) Purpose.--The Secretary of Defense shall establish a 
pilot program to examine the use of the public-private competition 
process of Office of Management and Budget Circular A-76 on new 
requirements, as defined by such Circular, and functions currently 
being performed by contractors that could be performed by civilian 
employees.</DELETED>
<DELETED>    (b) Duration.--The Secretary of Defense shall carry out 
the pilot program during fiscal years 2005 and 2006.</DELETED>
<DELETED>    (c) Requirement for Public-Private Competition for New 
Work.--(1) By the end of the pilot project, the Secretary of Defense 
shall have allowed civilian employees to compete through the standard 
competition process of Office of Management and Budget Circular A-76 
for new requirements, as defined by such Circular, that are 
approximately one-tenth in value of the funds spent by the Department 
of Defense during the two fiscal years of the pilot project on all 
functions that are considered new requirements, as defined by such 
Circular.</DELETED>
<DELETED>    (2) The Department of Defense shall not receive credit 
towards compliance with the pilot program for subjecting to public-
private competition--</DELETED>
        <DELETED>    (A) any contract to be awarded to small business 
        concerns that meet the requirements under section 3(a) of the 
        Small Business Act (15 U.S.C. 632(a)) and regulations under 
        that section;</DELETED>
        <DELETED>    (B) any contract to be performed by contractor 
        employees who are represented by a private sector labor union; 
        or</DELETED>
        <DELETED>    (C) any contract related to special studies and 
        analyses, construction services, architectural services, 
        medical services, scientific and technical services related to 
        (but not in support of) research and development, and depot-
        level maintenance and repair services.</DELETED>
<DELETED>    (d) Functions Performed by Contractors.--(1) By the end of 
the pilot project, the Secretary of Defense shall have subjected a 
number of contractor employees to public-private competition through 
the standard competition process of Office of Management and Budget 
Circular A-76 that is approximately one-tenth of the number of civilian 
employees subject to public-private competition during the two fiscal 
years of the pilot project.</DELETED>
<DELETED>    (2) The Department of Defense shall, to the extent 
possible, subject to public-private competition those positions held by 
contractor employees that are associated with functions that are or 
have been performed at least in part by Federal employees at any time 
on or after October 1, 1980; and</DELETED>
<DELETED>    (3) Subsection (c)(2) shall also apply to this 
subsection.</DELETED>
<DELETED>    (e) Waiver.--The implementation of the pilot project may 
be waived if--</DELETED>
        <DELETED>    (1) the written waiver is prepared by the 
        Secretary of Defense;</DELETED>
        <DELETED>    (2) the written waiver is accompanied by a 
        detailed determination that national security interests are so 
        compelling as to preclude compliance with the competition 
        requirement; and</DELETED>
        <DELETED>    (3) a copy of the waiver is published in the 
        Federal Register within 10 working days after the date on which 
        the waiver is invoked, although use of the waiver need not be 
        delayed until its publication.</DELETED>
<DELETED>    (f) Report.--At the end of each fiscal year of the pilot 
program, the Inspector General of the Department of Defense shall 
submit to Congress a report on the results of the pilot program, 
including the extent to which the Department of Defense complied with 
the requirements of this section.</DELETED>

<DELETED>SEC. 325. SENSE OF CONGRESS ON EQUITABLE LEGAL STANDING FOR 
              CIVILIAN EMPLOYEES.</DELETED>

<DELETED>    It is the sense of Congress that, in order to ensure that, 
when public-private competitions are held, they are conducted as 
fairly, effectively, and efficiently as possible, competing parties, 
both Department of Defense civilian employees (or their 
representatives) and contractors (or their representatives) should 
receive comparable treatment throughout the competition regarding 
access to relevant information and legal standing to challenge the way 
a competition has been conducted at all appropriate forums, including 
the General Accounting Office and the United States Court of Federal 
Claims.</DELETED>

<DELETED>SEC. 326. COMPETITIVE SOURCING REPORTING 
              REQUIREMENT.</DELETED>

<DELETED>    (a) Report Required.--Not later than February 1, 2005, the 
Inspector General of the Department of Defense shall submit to Congress 
a report addressing whether the Department of Defense--</DELETED>
        <DELETED>    (1) employs a sufficient number of adequately 
        trained civilian employees to conduct satisfactorily, taking 
        into account equity, efficiency and expeditiousness, all of the 
        public-private competitions that are scheduled to be undertaken 
        by the Department of Defense during the next fiscal year 
        (including a sufficient number of employees to formulate 
        satisfactorily the performance work statements and most 
        efficient organization plans for the purposes of such 
        competitions) and to administer any resulting contracts; 
        and</DELETED>
        <DELETED>    (2) has implemented a comprehensive and reliable 
        system to track and assess the cost and quality of the 
        performance of functions of the Department of Defense by 
        service contractors, to update the records of such costs and 
        the assessments each fiscal quarter, and to make such 
        information available in reports to Congress and the public, 
        including through the use of electronic means, except that 
        proprietary information and information to which section 
        552(b)(1) of title 5, United States Code, applies shall be 
        excised from information published or reports made 
        available.</DELETED>
<DELETED>    (b) Elements of Tracking System.--The system of the 
Department of Defense for tracking cost and quality of performance of a 
function under a service contract shall include at least the following 
data elements:</DELETED>
        <DELETED>    (1) The contract number and the applicable Federal 
        supply class or service code.</DELETED>
        <DELETED>    (2) The name, business address, and business 
        telephone of the agency official who supervises the service 
        contract.</DELETED>
        <DELETED>    (3) The statutory, regulatory, or other authority 
        for entering into the service contract and, if a public-private 
        competition was not used in the determination of whether to 
        provide for performance of the activity or function by a 
        contractor, an explanation of the reasons for not doing 
        so.</DELETED>
        <DELETED>    (4) The cost to the Department of Defense of 
        conducting the public-private competition under Office of 
        Management and Budget Circular A-76, if one was undertaken, 
        including the cost of consultants as well as civilian 
        employees.</DELETED>
        <DELETED>    (5) In the case of a function formerly performed 
        by civilian employees, the actual cost of the performance by 
        such employees.</DELETED>
        <DELETED>    (6) The cost to the Department of Defense of 
        civilian employee performance of the function under the most 
        efficient organization plan.</DELETED>
        <DELETED>    (7) The anticipated cost of contractor 
        performance, based on the award.</DELETED>
        <DELETED>    (8) The cost to the Department of Defense for 
        performance of the function by the contractor.</DELETED>
        <DELETED>    (9) A description of the quality control process 
        used by the agency in connection with monitoring the contract 
        performance (including the applicable quality control standards 
        and the frequency of the quality control reports), together 
        with an assessment of whether the contractor achieved, 
        exceeded, or failed to achieve the quality control 
        standards.</DELETED>
<DELETED>    (c) Assessment of Tracking System.--The Inspector General 
of the Department of Defense shall include in the report required by 
subsection (a) an assessment of the comprehensiveness and reliability 
of the Department of Defense system for tracking cost and quality of 
performance of a function under a service contract, including 
compliance with each of the requirements specified in subsection (b). 
The Inspector General shall base the assessment on an audit of a 
representative sample of service contracts. The report shall also 
include recommendations by the Inspector General regarding how 
weaknesses identified in the Department of Defense infrastructure for 
competitive sourcing can be rectified, whether through the use of 
different processes or the availability of additional employees, 
additional training, or additional resources.</DELETED>

         <DELETED>Subtitle D--Information Technology</DELETED>

<DELETED>SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR 
              TRANSITION TO INTERNET PROTOCOL VERSION 6.</DELETED>

<DELETED>    (a) Transition Plan.--The Secretary of Defense shall 
prepare a plan to provide for the transition of Department of Defense 
information technology systems to Internet Protocol version 6 from the 
present use of Internet Protocol version 4 and other network protocols. 
The plan shall outline the networking and security system equipment 
that will need to be replaced, including the timing and costs of such 
replacement, address how the current and new networks and security 
systems will be managed, and assess the potential impact of the 
transition, include any proposed measures to alleviate any adverse 
affects. In preparing the transition plan, the Secretary shall compare 
private industry plans for the transition to Internet Protocol version 
6.</DELETED>
<DELETED>    (b) Testing and Evaluation for Internet Protocol.--To 
determine whether a change to the use of Internet Protocol version 6 
will support Department of Defense requirements, the Secretary of 
Defense shall provide for a rigorous, real-world end-to-end testing of 
Internet Protocol version 6, as proposed for use by the Department, to 
evaluate the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Submission of Plan and Results.--Not later than March 
31, 2005, the Secretary of Defense shall submit to the congressional 
defense committees a report containing the transition plan prepared 
under subsection (a) and the results of the tests conducted under 
subsection (b).</DELETED>

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

<DELETED>    (a) In General.--(1) Chapter 131 of title 10, United 
States Code, is amended by inserting before section 2223 the following 
new section:</DELETED>
<DELETED>``Sec. 2222. Defense business systems: architecture, 
              accountability, and modernization</DELETED>
<DELETED>    ``(a) Conditions for Obligation of Funds for Defense 
Business System Modernization.--Effective January 1, 2005, funds 
appropriated to the Department of Defense may not be obligated for a 
defense business system modernization that will have a total cost in 
excess of $1,000,000 unless--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) is in compliance with the enterprise 
                architecture developed under subsection (b), or such 
                compliance is waived in writing by the approval 
                authority as a result of the investment review process 
                conducted under subsection (d) for the defense business 
                system modernization; and</DELETED>
                <DELETED>    ``(B) will be acquired or developed in a 
                manner consistent with the system acquisition 
                regulations and instructions of the Department of 
                Defense; and</DELETED>
        <DELETED>    ``(2) the Defense Business Systems Management 
        Committee approves the certification by the approval 
        authority.</DELETED>
<DELETED>    ``(b) Enterprise Architecture for Defense Business 
Systems.--Not later than September 30, 2005, the Secretary of Defense, 
acting through the Defense Business Systems Management Committee, shall 
develop--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) a transition plan for implementing the 
        enterprise architecture for defense business systems.</DELETED>
<DELETED>    ``(c) Approval Authorities and Accountability for Defense 
Business Systems.--The Secretary of Defense shall delegate 
responsibility for the planning, design, acquisition, deployment, 
operation, maintenance, modernization, and oversight of defense 
business systems as follows:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Defense Business System Investment Review.--(1) The 
Secretary of Defense shall require each approval authority designated 
under subsection (c) to establish, not later than March 15, 2005, an 
investment review process, consistent with section 11312 of title 40, 
to review the planning, design, acquisition, development, deployment, 
operation, maintenance, modernization, and project cost benefits and 
risks of all defense business systems for which the approval authority 
is responsible. The investment review process so established shall 
specifically address the responsibilities of approval authorities under 
subsection (a).</DELETED>
<DELETED>    ``(2) The review of defense business systems under the 
investment review process shall include the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(B) Periodic review, but not less than annually, 
        of every defense business system investment.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Budget Information.--In the materials that the 
Secretary submits to Congress in support of the budget submitted by the 
President to Congress under section 1105 of title 31 for fiscal year 
2006 and fiscal years thereafter, the Secretary of Defense shall--
</DELETED>
        <DELETED>    ``(1) identify the approval authority for each 
        defense business system; and</DELETED>
        <DELETED>    ``(2) for each defense business system for which 
        funding is proposed in the budget--</DELETED>
                <DELETED>    ``(A) certify that the defense business 
                system complies with the defense business enterprise 
                architecture; or</DELETED>
                <DELETED>    ``(B) explain why funds for such system 
                are necessary to maintain a mission critical or mission 
                essential system of the Department of Defense, 
                notwithstanding its noncompliance with the defense 
                business enterprise architecture.</DELETED>
<DELETED>    ``(f) Congressional Reports.--Not later than March 15 of 
each year from 2005 through 2009, the Secretary of Defense shall submit 
to the congressional defense committees a report on Department of 
Defense compliance with the requirements of this section. The first 
report shall define plans and commitments for meeting the requirements 
of subsection (a), including specific milestones and performance 
measures. Subsequent reports shall--</DELETED>
        <DELETED>    ``(1) describe actions taken and planned for 
        meeting the requirements of subsection (a), including--
        </DELETED>
                <DELETED>    ``(A) specific milestones and actual 
                performance against specified performance measures, and 
                any revision of such milestones and performance 
                measures; and</DELETED>
                <DELETED>    ``(B) specific actions on the defense 
                business system modernizations submitted for 
                certification under such subsection;</DELETED>
        <DELETED>    ``(2) identify the number of defense business 
        system modernizations so certified;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) discuss specific improvements in business 
        operations and cost savings resulting from successful defense 
        business systems modernization efforts.</DELETED>
<DELETED>    ``(g) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) The term `approval authority', with respect 
        to a defense business system, means the Department of Defense 
        official responsible for the defense business system, as 
        designated by subsection (c).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) The term `defense business system 
        modernization' means--</DELETED>
                <DELETED>    ``(A) the acquisition or development of a 
                new defense business system; or</DELETED>
                <DELETED>    ``(B) any significant modification or 
                enhancement of an existing defense business system 
                (other than necessary to maintain current 
                services).</DELETED>
        <DELETED>    ``(4) The term `enterprise architecture' has the 
        meaning given that term in section 3601(4) of title 
        44.</DELETED>
        <DELETED>    ``(5) The terms `information system' and 
        `information technology' have the meanings given those terms in 
        section 11101 of title 40.</DELETED>
        <DELETED>    ``(6) The term `national security system' has the 
        meaning given that term in section 2315 of this 
        title.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``2222. Defense business systems: architecture, 
                            accountability, and modernization.''.
<DELETED>    (b) Defense Business System Management Committee.--Chapter 
7 of such title is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 186. Defense business system management 
              Committee</DELETED>
<DELETED>    ``(a) Establishment.--The Secretary of Defense shall 
establish a Defense Business Systems Management Committee, to be 
composed of the following persons:</DELETED>
        <DELETED>    ``(1) The Deputy Secretary of Defense, who shall 
        serve as the chairman of the Committee.</DELETED>
        <DELETED>    ``(2) The Under Secretary of Defense for 
        Acquisition, Logistics, and Technology.</DELETED>
        <DELETED>    ``(3) The Under Secretary of Defense for Personnel 
        and Readiness.</DELETED>
        <DELETED>    ``(4) The Under Secretary of Defense 
        (Comptroller).</DELETED>
        <DELETED>    ``(5) The Assistant Secretary of Defense for 
        Networks and Information Integration.</DELETED>
        <DELETED>    ``(6) The Secretaries of the military departments 
        and the heads of the Defense Agencies.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Duties.--(1) In addition to any other matters 
assigned to the Committee by the Secretary of Defense, the Committee 
shall--</DELETED>
        <DELETED>    ``(A) recommend to the Secretary of Defense 
        policies and procedures necessary to effectively integrate the 
        requirements of section 2222 of this title into all business 
        activities and any transformation, reform, reorganization, or 
        process improvement initiatives undertaken within the 
        Department of Defense; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(3) The Committee shall ensure that funds are obligated 
for defense business system modernization in a manner consistent with 
section 2222 of this title.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``186. Defense Business System Management Committee.''.
<DELETED>    (c) Delegation of Administrative Responsibility.--The 
delegation of responsibility for the planning, design, acquisition, 
deployment, operation, maintenance, modernization, and oversight of 
defense business systems required by subsection (c) of section 2222 of 
title 10, United States Code, as added by subsection (a)(1), shall be 
completed not later than 60 days after the date of the enactment of 
this Act.</DELETED>
<DELETED>    (d) Relation to Annual Registration Requirements.--Nothing 
in sections 186 and 2222 of title 10, United States Code, as added by 
this section, shall be construed to alter the requirements of section 
8084 of the Department of Defense Appropriations Act, 2004 (Public Law 
108-87; 117 Stat. 1091), with regard to information technology systems 
(as defined in subsection (d) of such section).</DELETED>
<DELETED>    (e) Repeal of Obsolete Financial Management Enterprise 
Architecture Requirements.--Section 1004 of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 
U.S.C. 113 note) is repealed.</DELETED>

<DELETED>SEC. 333. ESTABLISHMENT OF JOINT PROGRAM OFFICE TO IMPROVE 
              INTEROPERABILITY OF BATTLEFIELD MANAGEMENT COMMAND AND 
              CONTROL SYSTEMS.</DELETED>

<DELETED>    (a) Office for Family of Interoperable Pictures.--The 
Secretary of Defense shall designate a single joint program office in 
the Department of Defense for the management of battlefield management 
command and control systems of the Armed Forces, known as the ``Family 
of Interoperable Pictures'', to improve the interoperability of such 
systems so that members of the Armed Forces may access a common 
operational picture of the battlefield. The office shall include at a 
minimum the Single Integrated Air Picture, the Single Integrated Ground 
Picture, the Single Integrated Maritime Picture, the Special Operations 
Forces Picture, and the Single Integrated Space Picture. The Secretary 
shall provide for the head of the office to be selected on a rotating 
basis among related offices of the Army, Navy, Air Force, and Marine 
Corps.</DELETED>
<DELETED>    (b) Common Systems Architecture.--The Secretary of Defense 
shall develop, implement, and maintain a common systems architecture 
for all battlefield management command and control systems included in 
the Family of Interoperable Pictures.</DELETED>
<DELETED>    (c) Consolidated Program Elements.--All funds for 
development and procurement related to the Family of Interoperable 
Pictures shall be consolidated under the office designated under 
subsection (a).</DELETED>
<DELETED>    (d) Program Development.--The head of the office 
designated under subsection (a), subject to the authority, direction, 
and control of the Secretary of Defense, shall--</DELETED>
        <DELETED>    (1) establish and control the performance 
        specifications for the battlefield management command and 
        control systems included in the Family of Interoperable 
        Pictures;</DELETED>
        <DELETED>    (2) establish and control the standards for 
        development of the software and equipment for the Family of 
        Interoperable Pictures;</DELETED>
        <DELETED>    (3) establish and control the standards for 
        operation of the Family of Interoperable Pictures; 
        and</DELETED>
        <DELETED>    (4) develop a single, unified concept of 
        operations for all users of the Family of Interoperable 
        Pictures.</DELETED>

    <DELETED>Subtitle E--Readiness Reporting Requirements</DELETED>

<DELETED>SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE OPERATION AND 
              FINANCIAL SUPPORT FOR MILITARY MUSEUMS.</DELETED>

<DELETED>    (a) Report Required.--Chapter 23 of title 10, United 
States Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 489. Annual report on Department of Defense operation 
              and financial support for military museums</DELETED>
<DELETED>    ``(a) Report Required.--As part of the budget materials 
submitted to Congress in connection with the submission of the budget 
for a fiscal year pursuant to section 1105 of title 31, but in no case 
later than March 15 of each year, the Secretary of Defense shall submit 
a report identifying all museums that, during the preceding fiscal 
year--</DELETED>
        <DELETED>    ``(1) were operated by the Department of Defense 
        or a military department; or</DELETED>
        <DELETED>    ``(2) were otherwise supported using funds 
        appropriated to the Department of Defense.</DELETED>
<DELETED>    ``(b) Content of Report.--For each museum identified in a 
report under this section, the Secretary of Defense shall include in 
the report the following:</DELETED>
        <DELETED>    ``(1) The purpose and functions of the museum and 
        the justification for the museum</DELETED>
        <DELETED>    ``(2) A description of the facilities dedicated to 
        the museum.</DELETED>
        <DELETED>    ``(3) An itemized listing of the funds 
        appropriated to the Department of Defense that were obligated 
        to support the museum during the fiscal year covered by the 
        report, as well as any other Federal funds, funds from a 
        nonappropriated fund instrumentality account of the Department 
        of Defense, and non-Federal funds obligated to support the 
        museum.</DELETED>
        <DELETED>    ``(4) The number of civilian employees of the 
        Department of Defense who serve full-time or part-time at the 
        museum.</DELETED>
        <DELETED>    ``(5) The number of members of the armed forces 
        who serve full-time or part-time at the museum.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

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

<DELETED>SEC. 342. REPORT ON DEPARTMENT OF DEFENSE PROGRAMS FOR 
              PREPOSITIONING OF MATERIAL AND EQUIPMENT.</DELETED>

<DELETED>    (a) Secretary of Defense Assessment and Report.--(1) The 
Secretary of Defense shall conduct an assessment of the programs of the 
Department of Defense for the prepositioning of material and equipment. 
Such assessment shall particularly focus on how those programs will be 
incorporated into achievement of the goals of the Secretary of Defense 
(referred to as the ``10-30-30'' goals) for the Armed Forces to have 
the capability, from the onset of a contingency situation, of deploying 
forces to a distant theater within 10 days, defeating an enemy within 
30 days, and being ready for an additional conflict within another 30 
days.</DELETED>
<DELETED>    (2) The Secretary shall submit to Congress a report on 
such assessment not later than October 1, 2005.</DELETED>
<DELETED>    (b) Matters to Be Included.--The assessment under 
subsection (a) shall include the prepositioning programs of each of the 
Armed Forces and of the United States Special Operations Command as 
well as assessment of each of the following:</DELETED>
        <DELETED>    (1) Use of prepositioned equipment as part of 
        Operation Iraqi Freedom and Operation Enduring Freedom and 
        potential solutions to identified challenges.</DELETED>
        <DELETED>    (2) Changes to doctrine, strategy, and 
        transportation plans to support the goals of the Secretary 
        described in subsection (a) and referred to as the 10-30-30 
        goals in light of the current lift constraints facing both land 
        and sea components of lift as well as the emerging mobility 
        requirements.</DELETED>
        <DELETED>    (3) Modifications of the prepositioning programs 
        of the Armed Forces in order to adapt to pending modularity 
        concepts, future force structure changes, and new sea basing 
        concepts in relation to current and potential areas of 
        instability.</DELETED>
        <DELETED>    (4) Joint operations and training that include 
        theater opening requirements at potential aerial and sea ports 
        of debarkation, joint force reception capabilities, joint 
        theater distribution operations, and use of joint prepositioned 
        stocks and systems.</DELETED>

              <DELETED>Subtitle F--Other Matters</DELETED>

<DELETED>SEC. 351. EXTENSION OF ARSENAL SUPPORT PROGRAM 
              INITIATIVE.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Additional Report Required.--Subsection (g) of such 
section is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``2004'' and 
        inserting ``2008''; and</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``2003'' and 
        inserting ``2007''.</DELETED>

<DELETED>SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF MID-
              RANGE FINANCIAL IMPROVEMENT PLAN.</DELETED>

<DELETED>    Amounts appropriated to the Department of Defense for 
fiscal year 2005 for operation and maintenance may not be obligated for 
the purpose of preparing or implementing the Mid-Range Financial 
Improvement Plan until the Secretary of Defense submits a report to the 
congressional defense committees containing, for each of the military 
departments and the Defense Agencies--</DELETED>
        <DELETED>    (1) an explanation of the manner in which funds 
        will be used for such purpose during that fiscal year; 
        and</DELETED>
        <DELETED>    (2) an estimate of the costs for future fiscal 
        years to prepare and implement the plan.</DELETED>

<DELETED>SEC. 353. PROCUREMENT OF FOLLOW-ON CONTRACTS FOR THE OPERATION 
              OF FIVE CHAMPION-CLASS T-5 TANK VESSELS.</DELETED>

<DELETED>    The Secretary of the Navy may consider bids or proposals 
for the follow-on contracts for the Department of the Navy contracts 
for the operation of five Champion-class T-5 tank vessels only from an 
entity that is a citizen under section 2 of the Shipping Act, 1916 (46 
App. U.S.C. 802).</DELETED>

<DELETED>SEC. 354. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR I 
              MUSEUM.</DELETED>

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

     <DELETED>TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS</DELETED>

              <DELETED>Subtitle A--Active Forces</DELETED>

<DELETED>SEC. 401. END STRENGTHS FOR ACTIVE FORCES.</DELETED>

<DELETED>    The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2005, as follows:</DELETED>
        <DELETED>    (1) The Army, 482,400.</DELETED>
        <DELETED>    (2) The Navy, 365,900.</DELETED>
        <DELETED>    (3) The Marine Corps, 175,000.</DELETED>
        <DELETED>    (4) The Air Force, 359,700.</DELETED>

<DELETED>SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 
              MINIMUM LEVELS.</DELETED>

<DELETED>    Effective October 1, 2004, section 691(b) of title 10, 
United States Code, is amended as follows:</DELETED>
        <DELETED>    (1) Navy.--Paragraph (2) is amended by striking 
        ``373,800'' and inserting ``365,900''.</DELETED>
        <DELETED>    (2) Air force.--Paragraph (4) is amended by 
        striking ``359,300'' and inserting ``359,700''.</DELETED>

<DELETED>SEC. 403. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE 
              ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) The Army National Guard of the United States, 
        10,300.</DELETED>
        <DELETED>    (2) The Army Reserve, 5,000.</DELETED>
        <DELETED>    (3) The Naval Reserve, 6,200.</DELETED>
        <DELETED>    (4) The Marine Corps Reserve, 2,500.</DELETED>
        <DELETED>    (5) The Air National Guard of the United States, 
        10,100.</DELETED>
        <DELETED>    (6) The Air Force Reserve, 3,600.</DELETED>

<DELETED>SEC. 404. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT 
              PERSONNEL PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL 
              GUARD DUTY FOR OPERATIONAL SUPPORT.</DELETED>

<DELETED>    (a) Strength Authorizations.--Section 115 of title 10, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1)(A), by inserting ``unless 
        on active duty pursuant to subsection (b)'' after ``active-duty 
        personnel'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (3) by redesignating subsections (b), (c), (d), 
        (e), (f), (g) and (h) as subsections (c), (d), (e), (f), (g), 
        (h) and (i), respectively; and</DELETED>
        <DELETED>    (4) by inserting after subsection (a) the 
        following new subsection (b):</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(C) active duty under section 12301(d) of this 
        title or full-time National Guard duty under section 502(f) of 
        title 32 for the purpose of preparing for and performing 
        funeral honors functions for funerals of veterans under section 
        1491 of this title;</DELETED>
        <DELETED>    ``(D) active duty or retained on active duty under 
        sections 12301(g) of this title while in a captive status; 
        or</DELETED>
        <DELETED>    ``(E) active duty or retained on active duty under 
        12301(h) or 12322 of this title for the purpose of medical 
        evaluation or treatment.</DELETED>
<DELETED>    ``(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):</DELETED>
        <DELETED>    ``(A) A call or order to active duty or full-time 
        National Guard duty that specifies a period greater than three 
        years.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(A) All periods of active duty performed by a 
        member who has not previously served in the Selected Reserve of 
        the Ready Reserve.</DELETED>
        <DELETED>    ``(B) All periods of active duty or full-time 
        National Guard duty for which the member is exempt from 
        strength accounting under paragraphs (1) through (7) of 
        subsection (i).''.</DELETED>
<DELETED>    (b) Limitation on Appropriations.--Subsection (c) of such 
section (as redesignated by subsection (a)(3)) is amended--</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of paragraph 
        (1);</DELETED>
        <DELETED>    (2) by striking the period at the end of paragraph 
        (2) and inserting ``; or''; and</DELETED>
        <DELETED>    (3) by inserting after paragraph (2) the following 
        new paragraph:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Authority for Secretary of Defense Variances in 
Maximum Strengths.--Subsection (f) of such section (as redesignated by 
subsection (a)(2)) is amended--</DELETED>
        <DELETED>    (1) by striking ``End'' in the heading;</DELETED>
        <DELETED>    (2) by striking ``and'' at the end of paragraph 
        (2);</DELETED>
        <DELETED>    (3) by striking the period at the end of paragraph 
        (3) and inserting ``; and''; and</DELETED>
        <DELETED>    (4) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Conforming Amendments to Section 115.--Such section is 
further amended as follows:</DELETED>
        <DELETED>    (1) Subsection (e) (as redesignated by subsection 
        (a)(3)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``subsection (a) or (c)'' and inserting ``subsection 
                (a) or (d)''; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``subsections (a) 
                        and (c)''; and inserting ``subsections (a) and 
                        (d)'';</DELETED>
                        <DELETED>    (ii) by striking ``pursuant to 
                        subsection (e)) and subsection (c)'' and 
                        inserting ``pursuant to subsection (f)) and 
                        subsection (d)'' each place it 
                        appears.</DELETED>
        <DELETED>    (2) Subsection (g) (as redesignated by subsection 
        (a)(3)) is amended by striking ``subsection (e)(1)'' in 
        paragraph (2) and inserting ``subsection (f)(1)''.</DELETED>
        <DELETED>    (3) Subsection (i) (as redesignated by subsection 
        (a)(3)) is amended to read as follows:</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Members of a reserve component ordered to 
        active duty under section 12301(a) of this title.</DELETED>
        <DELETED>    ``(2) Members of a reserve component in an active 
        status ordered to active duty under section 12301(b) of this 
        title.</DELETED>
        <DELETED>    ``(3) Members of the Ready Reserve ordered to 
        active duty under section 12302 of this title.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Members of the National Guard called into 
        Federal service under section 12406 of this title.</DELETED>
        <DELETED>    ``(6) Members of the militia called into Federal 
        service under chapter 15 of this title.</DELETED>
        <DELETED>    ``(7) Members of reserve components on active duty 
        for training.</DELETED>
        <DELETED>    ``(8) Members of the Selected Reserve of the Ready 
        Reserve on active duty to support programs described in section 
        1203(b) of the Cooperative Threat Reduction Act of 1993 (22 
        U.S.C. 5952(b)).</DELETED>
        <DELETED>    ``(9) Members of the National Guard on active duty 
        or full-time National Guard duty for the purpose of carrying 
        out drug interdiction and counter-drug activities under section 
        112 of title 32.</DELETED>
        <DELETED>    ``(10) Members of a reserve component on active 
        duty under section 10(b)(2) of the Military Selective Service 
        Act (50 U.S.C. App. 460(b)(2)) for the administration of the 
        Selective Service System.</DELETED>
        <DELETED>    ``(11) Members of the National Guard on full-time 
        National Guard duty for the purpose of providing command, 
        administrative, training, or support services for the National 
        Guard Challenge Program authorized by section 509 of title 
        32.''.</DELETED>
<DELETED>    (e) Military to Military Contact Strength Accounting.--
Subsection (f) of section 168 of such title is amended to read as 
follows:</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (g) Field Grade Officer Strength Accounting.--(1) 
Paragraph (1) of section 523(b) of such title is amended to read as 
follows:</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) on active duty under section 10211, 
                10302 through 10305, or 12402 of this title or under 
                section 708 of title 32; or</DELETED>
                <DELETED>    ``(C) on full-time National Guard duty.''; 
                and</DELETED>
<DELETED>    (2) Paragraph (7) of section 523(b) is amended by striking 
``Reserve or retired officers'' and inserting ``Retired 
officers''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (i) Warrant Officer Active-Duty List Exclusion.--Paragraph 
(1) of section 582 of such title is amended to read as 
follows:</DELETED>
        <DELETED>    ``(1) Reserve warrant officers--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) on full-time National Guard 
                duty.''.</DELETED>
<DELETED>    (j) Officer Active-Duty List, Applicability of Chapter.--
Paragraph (1) of section 641 of such is amended to read as 
follows:</DELETED>
        <DELETED>    ``(1) Reserve officers--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) on full-time National Guard 
                duty.''.</DELETED>
<DELETED>    (k) Strength Accounting for Members Performing Drug 
Interdiction and Counter-Drug Activities.--Section 112 of title 32, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking subsection (e);</DELETED>
        <DELETED>    (2) by redesignating subsections (f), (g), (h) and 
        (i) as subsections (e), (f), (g) and (h) respectively; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

             <DELETED>Subtitle B--Reserve Forces</DELETED>

<DELETED>SEC. 411. END STRENGTHS FOR SELECTED RESERVE.</DELETED>

<DELETED>    (a) In General.--The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2005, as follows:</DELETED>
        <DELETED>    (1) The Army National Guard of the United States, 
        350,000.</DELETED>
        <DELETED>    (2) The Army Reserve, 205,000.</DELETED>
        <DELETED>    (3) The Naval Reserve, 83,400.</DELETED>
        <DELETED>    (4) The Marine Corps Reserve, 39,600.</DELETED>
        <DELETED>    (5) The Air National Guard of the United States, 
        106,800.</DELETED>
        <DELETED>    (6) The Air Force Reserve, 76,100.</DELETED>
        <DELETED>    (7) The Coast Guard Reserve, 10,000.</DELETED>
<DELETED>    (b) Adjustments.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>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.</DELETED>

<DELETED>SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT 
              OF THE RESERVES.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) The Army National Guard of the United States, 
        26,476.</DELETED>
        <DELETED>    (2) The Army Reserve, 14,970.</DELETED>
        <DELETED>    (3) The Naval Reserve, 14,152.</DELETED>
        <DELETED>    (4) The Marine Corps Reserve, 2,261.</DELETED>
        <DELETED>    (5) The Air National Guard of the United States, 
        12,225.</DELETED>
        <DELETED>    (6) The Air Force Reserve, 1,900.</DELETED>

<DELETED>SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
              STATUS).</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) For the Army Reserve, 7,299.</DELETED>
        <DELETED>    (2) For the Army National Guard of the United 
        States, 25,076.</DELETED>
        <DELETED>    (3) For the Air Force Reserve, 9,954.</DELETED>
        <DELETED>    (4) For the Air National Guard of the United 
        States, 22,956.</DELETED>

<DELETED>SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF NON-DUAL 
              STATUS TECHNICIANS.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (A) For the Army National Guard of the United 
        States, 1,600.</DELETED>
        <DELETED>    (B) For the Air National Guard of the United 
        States, 350.</DELETED>
<DELETED>    (2) The number of non-dual status technicians employed by 
the Army Reserve as of September 30, 2005, may not exceed 
795.</DELETED>
<DELETED>    (3) The number of non-dual status technicians employed by 
the Air Force Reserve as of September 30, 2005, may not exceed 
90.</DELETED>
<DELETED>    (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.</DELETED>

    <DELETED>Subtitle C--Authorizations of Appropriations</DELETED>

<DELETED>SEC. 421. MILITARY PERSONNEL.</DELETED>

<DELETED>    There is hereby authorized to be appropriated to the 
Department of Defense for military personnel for fiscal year 2005 a 
total of $104,647,558,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 2005.</DELETED>

<DELETED>SEC. 422. ARMED FORCES RETIREMENT HOME.</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>TITLE V--MILITARY PERSONNEL POLICY</DELETED>

    <DELETED>Subtitle A--General and Flag Officer Matters</DELETED>

<DELETED>SEC. 501. LENGTH OF SERVICE FOR SERVICE CHIEFS.</DELETED>

<DELETED>    (a) Chief of Staff of the Army.--Paragraph (1) of section 
3033(a) of title 10, United States Code, is amended--(1) by striking 
``for a period of four years'' in the first sentence; and</DELETED>
        <DELETED>    (2) by striking the second and third sentences and 
        inserting the following: ``The Chief of Staff serves at the 
        pleasure of the President for a term of four years. The 
        President may extend the service of an officer as Chief of 
        Staff for an additional period of not to exceed two years. In 
        time of war or during a national emergency declared by 
        Congress, the President may extend the service of an officer as 
        Chief of Staff for such additional periods as the President 
        determines necessary, except that the total period of an 
        officer's service as Chief of Staff may not exceed eight 
        years.''.</DELETED>
<DELETED>    (b) Chief of Naval Operations.--Paragraph (1) of section 
5033(a) of such title is amended by striking the third and fourth 
sentences and inserting the following: ``The Chief of Naval Operations 
serves at the pleasure of the President. The President may extend the 
service of an officer as Chief of Naval Operations for an additional 
period of not to exceed two years. In time of war or during a national 
emergency declared by Congress, the President may extend the service of 
an officer as Chief of Naval Operations for such additional periods as 
the President determines necessary, except that the total period of an 
officer's service as Chief of Naval Operations may not exceed eight 
years.''.</DELETED>
<DELETED>    (c) Commandant of the Marine Corps.--Paragraph (1) of 
section 5043(a) of such title is amended by striking the third and 
fourth sentences and inserting the following: ``The Commandant serves 
at the pleasure of the President. The President may extend the service 
of an officer as Commandant for an additional period of not to exceed 
two years. In time of war or during a national emergency declared by 
Congress, the President may extend the service of an officer as 
Commandant for such additional periods as the President determines 
necessary, except that the total period of an officer's service as 
Commandant may not exceed eight years.''.</DELETED>
<DELETED>    (d) Chief of Staff of the Air Force.--Paragraph (1) of 
section 8033(a) of such title is amended to read as follows:</DELETED>
        <DELETED>    (1) by striking ``for a period of four years'' in 
        the first sentence; and</DELETED>
        <DELETED>    (2) by striking the second and third sentences and 
        inserting the following: ``The Chief of Staff serves at the 
        pleasure of the President for a period of four years. The 
        President may extend the service of an officer as Chief of 
        Staff for an additional period of not to exceed two years. In 
        time of war or during a national emergency declared by 
        Congress, the President may extend the service of an officer as 
        Chief of Staff for such additional periods as the President 
        determines necessary, except that the total period of an 
        officer's service as Chief of Staff may not exceed eight 
        years.''.</DELETED>

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

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

<DELETED>SEC. 503. INCREASE IN AGE LIMIT FOR DEFERRAL OF MANDATORY 
              RETIREMENT FOR UP TO 10 SENIOR GENERAL AND FLAG 
              OFFICERS.</DELETED>

<DELETED>    Section 1251(b) of title 10, United States Code, is 
amended by striking ``64 years of age'' and inserting ``66 years of 
age''.</DELETED>

<DELETED>SEC. 504. INCREASED FLEXIBILITY FOR VOLUNTARY RETIREMENT FOR 
              MILITARY OFFICERS.</DELETED>

<DELETED>    (a) In General.--Section 1370 of title 10, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``except as 
                        provided in paragraph (2)'' and inserting 
                        ``subject to paragraphs (2) and (3)''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``, for not less 
                        than six months'';</DELETED>
                <DELETED>    (B) by redesignating paragraph (3) as 
                paragraph (4); and</DELETED>
                <DELETED>    (C) by striking paragraph (2) and 
                inserting the following:</DELETED>
<DELETED>    ``(2) In order to be eligible for voluntary retirement 
under this title in a grade below the grade of lieutenant colonel or 
commander, a commissioned officer of the Army, Navy, Air Force, or 
Marine Corps covered by paragraph (1) must have served on active duty 
in that grade for not less than six months.</DELETED>
<DELETED>    ``(3)(A) In order to be eligible for voluntary retirement 
in a grade above major or lieutenant commander and below brigadier 
general or rear admiral (lower half), a commissioned officer of the 
Army, Navy, Air Force, or Marine Corps covered by paragraph (1) must 
have served on active duty in that grade for not less than three years, 
except that the Secretary of Defense may authorize the Secretary of the 
military department concerned to reduce such period to a period not 
less than two years.</DELETED>
<DELETED>    ``(B) In order to be eligible for voluntary retirement in 
a grade above colonel or captain, in the case of the Navy, a 
commissioned officer of the Army, Navy, Air Force, or Marine Corps 
covered by paragraph (1) must have served on active duty in that grade 
for not less than one year.</DELETED>
<DELETED>    ``(C) An officer in a grade above major general or rear 
admiral may be retired in the highest grade in which the officer served 
on active duty satisfactorily for not less than one year, upon approval 
by the Secretary of the military department concerned and concurrence 
by the Secretary of Defense. The function of the Secretary of Defense 
under the preceding sentence may only be delegated to a civilian 
official in the Office of the Secretary of Defense appointed by the 
President, by and with the advice and consent of the Senate.</DELETED>
<DELETED>    ``(D) The President may waive subparagraph (A), (B) or (C) 
in individual cases involving extreme hardship or exceptional or 
unusual circumstances. The authority of the President under the 
preceding sentence may not be delegated.'';</DELETED>
        <DELETED>    (2) in subsection (b), by inserting ``or whose 
        service on active duty in that grade was not determined to be 
        satisfactory by the Secretary of the military department 
        concerned'' after ``specified in subsection (a)'';</DELETED>
        <DELETED>    (3) by striking subsection (c); and</DELETED>
        <DELETED>    (4) by redesignating subsection (d) as subsection 
        (c) and in that subsection--</DELETED>
                <DELETED>    (A) in paragraph (3)--</DELETED>
                        <DELETED>    (i) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (I) by inserting ``(i)'' 
                                after ``(3)(A)'';</DELETED>
                                <DELETED>    (II) by inserting ``and 
                                below brigadier general or rear admiral 
                                (lower half)'' after ``lieutenant 
                                commander'';</DELETED>
                                <DELETED>    (III) by inserting ``, 
                                except that the Secretary of Defense 
                                may authorize the Secretary of the 
                                military department concerned to reduce 
                                such period to a period not less than 
                                two years'' after ``three years''; 
                                and</DELETED>
                                <DELETED>    (IV) by adding at the end 
                                the following new clauses:</DELETED>
<DELETED>    ``(ii) In order to be credited with satisfactory service 
in a grade above colonel or captain, in the case of the Navy, a person 
covered by paragraph (1) must have served satisfactorily in that grade 
(as determined by the Secretary of the military department concerned) 
as a reserve commissioned officer in active status, or in a retired 
status on active duty, for not less than one year.</DELETED>
<DELETED>    ``(iii) An officer covered by paragraph (1) who is in a 
grade above the grade of major general or rear admiral may be retired 
in the highest grade in which the officer served satisfactorily for not 
less than one year, upon approval by the Secretary of the military 
department concerned and concurrence by the Secretary of Defense. The 
function of the Secretary of Defense under the preceding sentence may 
only be delegated to a civilian official in the Office of the Secretary 
of Defense appointed by the president, by and with the advice and 
consent of the Senate.'';</DELETED>
                        <DELETED>    (ii) in subparagraphs (D) and (E), 
                        by striking subparagraph (A)'' and inserting 
                        ``subparagraph (A)(i)''; and</DELETED>
                        <DELETED>    (iii) by striking subparagraph 
                        (F); and</DELETED>
                <DELETED>    (B) by striking paragraphs (5) and (6); 
                and</DELETED>
        <DELETED>    (5) by striking subsection (e).</DELETED>
<DELETED>    (b) Conforming Amendments.--Section 1406(i)(2) of such 
title is amended--</DELETED>
        <DELETED>    (1) in the paragraph heading, by striking 
        ``members'' and all that follows through ``satisfactorily'' and 
        inserting ``enlisted members reduced in grade'';</DELETED>
        <DELETED>    (2) by striking ``a member'' and inserting ``an 
        enlisted member'';</DELETED>
        <DELETED>    (3) by striking ``1998--'' and all that follows 
        through ``is reduced in'' and inserting ``1998, is reduced 
        in'';</DELETED>
        <DELETED>    (4) by striking ``; or'' and inserting a period; 
        and</DELETED>
        <DELETED>    (5) by striking subparagraph (B).</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall apply with respect to the determination of the retired grade of 
members of the Armed Forces retiring on or after the date of the 
enactment of this Act.</DELETED>

<DELETED>SEC. 505. REPEAL OF REQUIREMENT THAT NO MORE THAN 50 PERCENT 
              OF ACTIVE DUTY GENERAL AND FLAG OFFICERS BE IN GRADES 
              ABOVE BRIGADIER GENERAL AND REAR ADMIRAL (LOWER 
              HALF).</DELETED>

<DELETED>    (a) Repeal of Distribution Requirement.--Subsection (a) of 
section 525 of title 10, United States Code, is repealed.</DELETED>
<DELETED>    (b) Reorganization of Section.--Such section is further 
amended--</DELETED>
        <DELETED>    (1) by striking ``(b)(1) No appointment'' and 
        inserting ``(a) Limitation on Number of General and Flag 
        Officers in Senior Grades.--(1) No appointment''; and</DELETED>
        <DELETED>    (2) by striking ``(3) An officer'' and inserting 
        ``(b) Special Rules and Exceptions.--(1) An officer''; 
        and</DELETED>
        <DELETED>    (3) by redesignating paragraphs (4), (5), (6), 
        (7), and (8) as paragraphs (2), (3), (4), (5), and (6), 
        respectively.</DELETED>
<DELETED>    (c) Conforming Amendments.--(1) Subsection (b) of such 
section (as designated by subsection (a)(2)) is amended as 
follows:</DELETED>
        <DELETED>    (A) Paragraph (1) (as redesignated by subsection 
        (a)(2)), paragraph (2)(A) (as redesignated by subsection 
        (a)(3)), and paragraph (6) (as redesignated by subsection 
        (a)(3)) are amended by striking ``paragraph (1) or (2)'' and 
        inserting ``subsection (a)''.</DELETED>
        <DELETED>    (B) Paragraph (3)(A) (as so redesignated) is 
        amended by striking ``under the first sentence of paragraph (1) 
        or (2), as applicable'' and inserting ``under subsection 
        (a)''.</DELETED>
        <DELETED>    (C) Paragraph (4) (as so redesignated) and the 
        first and third sentences of paragraph (5) (as so redesignated) 
        are amended by striking ``paragraph (1)'' and inserting 
        ``subsection (a)(1)''.</DELETED>
        <DELETED>    (D) The second sentence of paragraph (5) (as so 
        redesignated) is amended by striking ``paragraph (1) or (2)'' 
        and inserting ``subsection (a)(2)''.</DELETED>
<DELETED>    (2) Subsection (c) of such section is amended--</DELETED>
        <DELETED>    (A) by striking ``(c)(1)'' and inserting `(c) 
        `Reallocation Authority.--(1)'';</DELETED>
        <DELETED>    (B) in paragraph (1)(A), by striking ``subsection 
        (b)(1)'' and inserting ``subsection (a)(1)'';</DELETED>
        <DELETED>    (C) in paragraph (1)(B), by striking ``subsection 
        (b)(2)'' and inserting ``subsection (a)(2)''; and</DELETED>
        <DELETED>    (D) in paragraph (3)(A), by striking ``subsection 
        (b)'' and inserting ``subsections (a) and (b)''.</DELETED>
        <DELETED>    (3) Subsection (d) of such section is amended by 
        inserting ``Special Rule for Officers Formerly on Joint Chiefs 
        of Staff.--'' after ``(d)''.</DELETED>
<DELETED>    (d) Clerical Amendments.--(1) The heading of such section 
is amended to read as follows:</DELETED>
<DELETED>``Sec. 525. Distribution in grade: general and flag officers 
              on active duty''.</DELETED>
<DELETED>    (2) The item relating to such section in the table of 
sections at the beginning of chapter 32 of such title is amended to 
read as follows:</DELETED>

<DELETED>``525. Distribution in grade: general and flag officers on 
                            active duty.''.

<DELETED>SEC. 506. REVISION TO TERMS FOR ASSISTANTS TO THE CHAIRMAN OF 
              THE JOINT CHIEFS OF STAFF FOR NATIONAL GUARD AND RESERVE 
              MATTERS.</DELETED>

<DELETED>    (a) Codification and Revision.--Chapter 5 of title 10, 
United States Code, is amended by adding at the end a new section 156 
consisting of--</DELETED>
        <DELETED>    (1) the following section heading:</DELETED>
<DELETED>``Sec. 156. Assistants to the Chairman for National Guard 
              matters and for Reserve matters'';</DELETED>
        <DELETED>and</DELETED>
        <DELETED>    (2) a text consisting of the text of subsections 
        (a) through (f)(1) of section 901 of the National Defense 
        Authorization Act for Fiscal Year 1998 (10 U.S.C. 155 note), 
        revised--</DELETED>
                <DELETED>    (A) in subsection (c), by deleting ``two 
                years'' and inserting ``four years''; and</DELETED>
                <DELETED>    (B) in subsection (f), by deleting 
                ``(1)''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``156. Assistants to the Chairman for National Guard members 
                            and for Reserve matters.''.
<DELETED>    (c) Conforming Repeal.--Section 901 of the National 
Defense Authorization Act for Fiscal Year 1998 (10 U.S.C. 155 note) is 
repealed.</DELETED>

<DELETED>SEC. 507. SUCCESSION FOR POSITION OF CHIEF, NATIONAL GUARD 
              BUREAU.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(e) Succession.--(1) Unless otherwise directed by the 
President or Secretary of Defense, when there is a vacancy in the 
office of the Chief of the National Guard Bureau or in the event the 
Chief of the National Guard Bureau is unable to perform the duties of 
that office, the senior of the officers specified in paragraph (2) 
shall serve as the acting Chief until a successor is appointed or the 
Chief once again is able to perform the duties of that 
office.</DELETED>
<DELETED>    ``(2) The officers specified in this paragraph are the 
following:</DELETED>
        <DELETED>    ``(A) The senior officer of the Army National 
        Guard of the United States on duty with the National Guard 
        Bureau.</DELETED>
        <DELETED>    ``(B) The senior officer of the Air National Guard 
        of the United States on duty with the National Guard 
        Bureau.''.</DELETED>
<DELETED>    (b) Clerical Amendments.--(1) The heading of such section 
is amended to read as follows:</DELETED>
<DELETED>``Sec. 10502. Chief of the National Guard Bureau: appointment; 
              adviser on National Guard matters; grade; 
              succession''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``10502. Chief of the National Guard Bureau: appointment; 
                            adviser on National Guard matters; grade; 
                            succession.''.
<DELETED>    (c) Repealer.--Subsections (d) and (e) of section 10505 of 
such title are repealed.</DELETED>

<DELETED>SEC. 508. TITLE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU 
              CHANGED TO DIRECTOR OF THE JOINT STAFF OF THE NATIONAL 
              GUARD BUREAU.</DELETED>

<DELETED>    (a) In General.--Section 10505 of title 10, United States 
Code, as amended by section 507(c), is amended by striking ``Vice Chief 
of the National Guard Bureau'' each place it appears in subsections 
(a), (b), and (c) and inserting ``Director of the Joint Staff of the 
National Guard Bureau''.</DELETED>
<DELETED>    (b) Clerical Amendments.--(1) The heading of such section 
is amended to read as follows:</DELETED>
<DELETED>``Sec. 10505. Director of the Joint Staff of the National 
              Guard Bureau''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``10505. Director of the Joint Staff of the National Guard 
                            Bureau.''.

<DELETED>SEC. 509. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE REQUIREMENT 
              THAT RESERVE CHIEFS AND NATIONAL GUARD DIRECTORS HAVE 
              SIGNIFICANT JOINT DUTY EXPERIENCE.</DELETED>

<DELETED>    (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,''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 510. REPEAL OF DISTRIBUTION REQUIREMENTS FOR NAVAL 
              RESERVE FLAG OFFICERS.</DELETED>

<DELETED>    Subsection (c) of 12004 of title 10, United States Code, 
is amended--</DELETED>
        <DELETED>    (1) by striking ``(1)'' after ``(c)''; 
        and</DELETED>
        <DELETED>    (2) by striking the second sentence and all that 
        follows through the end of the subsection.</DELETED>

 <DELETED>Subtitle B--Other Officer Personnel Policy Matters</DELETED>

<DELETED>SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO ALL 
              REGULAR STATUS.</DELETED>

<DELETED>    (a) Repeal of Requirement That Active-Duty Officers Serve 
in a Reserve Component for at Least One Year Before Receiving a Regular 
Commission.--Section 532 of title 10, United States Code, is amended by 
striking subsection (e).</DELETED>
<DELETED>    (b) Revision to Qualifications for Original Appointment as 
a Commissioned Officer.--(1) Section 532 of such title is further 
amended by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) Section 619(d) of such title is amended by adding at 
the end the following new paragraph:</DELETED>
        <DELETED>    ``(5) An officer of the Army, Air Force, or Marine 
        Corps in the grade of captain, or of the Navy in the grade of 
        lieutenant, who is not a citizen of the United 
        States.''.</DELETED>
<DELETED>    (c) Repeal of Limitations on Total Strength of Regular 
Commissioned Officers on Active-Duty.--Section 522 of such title is 
repealed. The table of sections at the beginning of chapter 31 of such 
title is amended by striking the item relating to that 
section.</DELETED>
<DELETED>    (d) Authority for Original Appointment of Regular Officers 
in Junior Grades to be Made by President Alone.--Section 531(a) of such 
title is amended to read as follows:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (e) Termination of Requirement of 6 Years Service in a 
Reserve Component for Nonregular Service Retirement Eligibility.--(1) 
Section 12731(a)(3) of such title is amended by inserting after ``(3)'' 
the following: ``in the case of a person who completed the service 
requirements of paragraph (2) before the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2005,''.</DELETED>
<DELETED>    (f) All Regular Officer Appointments for Students 
Attending University of Health Sciences.--Section 2114(b) of such title 
is amended by striking the first two sentences and inserting the 
following: ``They shall be appointed in a regular component of the 
uniformed services and shall serve on active duty as a second 
lieutenant or ensign (or the equivalent).''.</DELETED>

<DELETED>SEC. 512. MANDATORY RETENTION ON ACTIVE DUTY TO QUALIFY FOR 
              RETIREMENT PAY.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 513. DISTRIBUTION IN GRADE OF MARINE CORPS RESERVE 
              OFFICERS IN AN ACTIVE STATUS IN GRADES BELOW BRIGADIER 
              GENERAL</DELETED>

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

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

<DELETED>SEC. 514. TUITION ASSISTANCE FOR OFFICERS.</DELETED>

<DELETED>    (a) Authority To Reduce or Waive Active Duty Service 
Obligation.--Subsection (b) of section 2007 of title 10, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' after ``(b)'';</DELETED>
        <DELETED>    (2) by inserting ``or full-time National Guard 
        duty'' after ``active duty'' each place it appears; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(2) Notwithstanding paragraph (1), the Secretary of the 
military department may reduce or waive the active duty service 
obligation--</DELETED>
        <DELETED>    ``(A) in the case of a commissioned officer who is 
        subject to mandatory separation;</DELETED>
        <DELETED>    ``(B) in the case of a commissioned officer who 
        has completed the period of active duty service in support of a 
        contingency operation; or</DELETED>
        <DELETED>    ``(C) in other exigent circumstances as determined 
        by the Secretary.'.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

        <DELETED>Subtitle C--Reserve Component Matters</DELETED>

<DELETED>SEC. 521. REVISION TO STATUTORY PURPOSE OF THE RESERVE 
              COMPONENTS.</DELETED>

<DELETED>    Subsection 10102 of title 10, United States Code, is 
amended by striking ``, during'' and all that follows through ``planned 
mobilization,''.</DELETED>

<DELETED>SEC. 522. IMPROVED ACCESS TO RESERVE COMPONENT MEMBERS FOR 
              ENHANCED TRAINING.</DELETED>

<DELETED>    (a) Reserve Components Generally.--Section 12301 of title 
10, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``(other than 
        for training)'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in the first sentence, by striking 
                ``(other than for training)'' and inserting ``as 
                provided in subsection (a)''; and</DELETED>
                <DELETED>    (B) in the second sentence, by striking 
                ``ordered to active duty (other than for training)'' 
                and inserting ``so ordered to active duty''; 
                and</DELETED>
        <DELETED>    (3) in subsection (e), by striking ``(other than 
        for training)'' and inserting ``as provided in subsection 
        (a)''.</DELETED>
<DELETED>    (b) Ready Reserve.--Section 12302 of such title is amended 
by striking ``(other than for training)'' in subsections (a) and 
(c).</DELETED>
<DELETED>    (c) Order to Active Duty Other Than During War or National 
Emergency.--Section 12304(a) of such title is amended by striking 
``(other than for training)''.</DELETED>
<DELETED>    (d) Standby Reserve.--Section 12306 of such title is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``(other than 
        for training) only''; and</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``(other than 
        for training)'' in paragraphs (1) and (2) and inserting ``as 
        provided in section 12301(a) of this title''.</DELETED>
<DELETED>    (d) Standby Reserve.--Section 12306 of such title is 
amended by striking ``(other than for training)'' each place it appears 
and inserting ``as provided in section 12301(a)''.</DELETED>

<DELETED>SEC. 523. STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR 
              RESERVE MEMBERS RELEASED FROM ACTIVE DUTY DUE TO 
              INABILITY TO PERFORM WITHIN 30 DAYS OF CALL TO ACTIVE 
              DUTY.</DELETED>

<DELETED>    (a) In General.--Chapter 61 of title 10, United States 
Code, is amended by inserting after section 1206 the following new 
section:</DELETED>
<DELETED>``Sec. 1206a. Reserve component members unable to perform 
              duties when ordered to active duty: disability system 
              processing</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Applicable Reasons for Release.--Subsection (a) 
applies in the case of a member released from active duty because of a 
failure to meet--</DELETED>
        <DELETED>    ``(1) physical standards for retention; 
        or</DELETED>
        <DELETED>    ``(2) medical or dental standards for deployment 
        due to a preexisting condition not aggravated during the period 
        of active duty.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 524. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR RESERVE AND 
              NATIONAL GUARD CIVILIAN TECHNICIANS.</DELETED>

<DELETED>    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)''.</DELETED>

<DELETED>SEC. 525. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR 
              OFFICERS COMMISSIONED THROUGH ROTC PROGRAM AT MILITARY 
              JUNIOR COLLEGES.</DELETED>

<DELETED>    (a) Financial Assistance Program for Service on Active 
Duty.--Section 2107(c) of title 10, United States Code, is amended by 
adding at the end the following new paragraphs:</DELETED>
<DELETED>    ``(5)(A) The Secretary of the Army may provide an 
individual who received a commission as a Reserve officer in the Army 
from a military junior college through a program under this chapter and 
who does not have a baccalaureate degree with financial assistance for 
pursuit of a baccalaureate degree.</DELETED>
<DELETED>    ``(B) Such assistance is in addition to any financial 
assistance provided under paragraph (1), (3), or (4).</DELETED>
<DELETED>    ``(C) The agreement and reimbursement requirements 
established in section 2005 of this title are applicable to financial 
assistance under this paragraph.</DELETED>
<DELETED>    ``(D) An officer receiving financial assistance under this 
paragraph shall be attached to the unit of the Army at the educational 
institution at which the officer is pursuing a baccalaureate degree and 
shall be considered to be a member of the Senior Reserve Officers' 
Training Corps on inactive duty for training, as defined in section 
101(23) of title 38.</DELETED>
<DELETED>    ``(E) A qualified officer who did not previously receive 
financial assistance under this section is eligible to receive 
educational assistance under this paragraph.</DELETED>
<DELETED>    ``(F) A Reserve officer may not be called or ordered to 
active duty for a deployment while participating in the program under 
this paragraph.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(H) The amount obligated during any fiscal year under 
this paragraph and paragraph (4) of section 2107a(c) of this title may 
not exceed a total of $1,500,000.''.</DELETED>
<DELETED>    (b) Financial Assistance Program for Service in Troop 
Program Units.--Section 2107a(c) of such title is amended by adding at 
the end the following new paragraphs:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) Such assistance is in addition to any provided under 
paragraph (1) or (2).</DELETED>
<DELETED>    ``(C) The agreement and reimbursement requirements 
established in section 2005 of this title are applicable to financial 
assistance under this paragraph.</DELETED>
<DELETED>    ``(D) An officer receiving financial assistance under this 
paragraph shall be attached to the unit of the Army at the educational 
institution at which the officer is pursuing a baccalaureate degree and 
shall be considered to be a member of the Senior Reserve Officers' 
Training Corps on inactive duty for training, as defined in section 
101(23) of title 38.</DELETED>
<DELETED>    ``(E) A qualified officer who did not previously receive 
financial assistance under this section is eligible to receive 
educational assistance under this paragraph.</DELETED>
<DELETED>    ``(F) A Reserve officer may not be called or ordered to 
active duty for a deployment while participating in the program under 
this paragraph.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    ``(H) As provided in subparagraph (H) of section 
2107(c)(5) of this title, the amount obligated during any fiscal year 
under this paragraph and paragraph (5) of section 2107(c) of this title 
may not exceed a total of $1,500,000.''.</DELETED>
<DELETED>    (c) Repeal of Sunset Provision for Financial Assistance 
Program for Students not Eligible for Advanced Training.--Section 2103a 
of such title is amended by striking subsection (d).</DELETED>
<DELETED>    (d) Annual Implementation Report.--The Secretary of the 
Army shall submit to the Committees on Armed Services of the Senate and 
House of Representatives an annual report, for each of the next six 
years after the enactment of this Act, providing information on the 
experience of the Department of Defense during the preceding year under 
paragraph (5) of section 2107(c) of title 10, United States Code, as 
added by subsection (a), and under paragraph (4) of section 2107a(c) of 
title 10, United States Code, as added by subsection (b). The report 
for with respect to any year shall be submitted not later March 31 of 
the following year.</DELETED>

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

<DELETED>    (a) Continuation of Loan Repayment.--Section 16301(a) of 
title 10, United States Code, is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(3) In the case of a commitment made by the Secretary of 
Defense after the date of the enactment of this paragraph to repay a 
loan under paragraph (1) conditioned upon the performance by the 
borrower of service as an enlisted member under paragraph (2), the 
Secretary shall repay the loan for service performed by the borrower as 
an officer (rather than as an enlisted member) in the case of a 
borrower who, after such commitment is entered into and while 
performing service as an enlisted member, accepts an appointment or 
commission as a warrant officer or commissioned officer of the Selected 
Reserve.''.</DELETED>
<DELETED>    (b) Limitation on Fiscal Year 2005 Obligations.--During 
fiscal year 2005, obligations incurred under section 16301 of title 10, 
United States Code, as amended by subsection (a), to make loan 
repayments on behalf of members of the reserve components who accept an 
appointment or commission as a warrant officer or commissioned officer 
of the Selected Reserve may not exceed $1,000,000.</DELETED>

<DELETED>SEC. 527. NUMBER OF STARBASE ACADEMIES IN A STATE.</DELETED>

<DELETED>    Paragraph (3) of section 2193b(c) of title 10, United 
States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(3)(A) Subject to subparagraph (B), the Secretary may 
not support the establishment in any State of more than two 
academies.</DELETED>
<DELETED>    ``(B) The Secretary may waive the limitation in 
subparagraph (A). Any such waiver shall be made under criteria to be 
prescribed by the Secretary.''.</DELETED>

<DELETED>SEC. 528. COMPTROLLER GENERAL ASSESSMENT OF INTEGRATION OF 
              ACTIVE AND RESERVE COMPONENTS OF THE NAVY.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the Naval Reserve Redesign Study carried out 
        by the Navy: and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Limitation.--No funds appropriated or otherwise made 
available by this Act may be obligated or expended to decommission a 
Naval Reserve or Marine Corps Reserve aviation squadron until 90 days 
after the date on which the report required by subsection (b) is 
submitted to the Committees on Armed Services of the Senate and House 
of Representatives.</DELETED>
<DELETED>    (d) Matters to be Examined.--In conducting the review, the 
Comptroller General shall examine the following:</DELETED>
        <DELETED>    (1) The criteria the Navy used to determine the 
        following with respect to integration of the active and reserve 
        components of the Navy:</DELETED>
                <DELETED>    (A) The future mix of active and reserve 
                component force structure.</DELETED>
                <DELETED>    (B) Organization of command and control 
                elements.</DELETED>
                <DELETED>    (C) Manpower levels.</DELETED>
                <DELETED>    (D) Basing changes.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) The new Fleet Response Plan of the 
                Navy.</DELETED>
                <DELETED>    (B) The flexible deployment 
                concept.</DELETED>
                <DELETED>    (C) Global operations.</DELETED>
                <DELETED>    (D) Emerging mission 
                requirements.</DELETED>
                <DELETED>    (E) Other evolving initiatives.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) For naval aviation forces, the extent to which 
        the active and reserve component integration plans of the Navy 
        will affect factors such as--</DELETED>
                <DELETED>    (A) common training and readiness 
                standards for active and reserve forces;</DELETED>
                <DELETED>    (B) reserve component access to the same 
                equipment as the active component;</DELETED>
                <DELETED>    (C) relationships between command and 
                headquarters elements of active and reserve forces; 
                and</DELETED>
                <DELETED>    (D) trends in the use by the Navy of units 
                referred to as ``associate'' units or ``blended'' 
                units.</DELETED>
                <DELETED>    (E) Basing of future aviation 
                forces.</DELETED>
                <DELETED>    (F) Employment of Naval Reserve aviation 
                forces and personnel in peacetime and wartime 
                operations.</DELETED>

<DELETED>SEC. 529. OPERATIONAL ACTIVITIES CONDUCTED BY THE NATIONAL 
              GUARD UNDER AUTHORITY OF TITLE 32.</DELETED>

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

       <DELETED>``CHAPTER 9--OPERATIONS OF A NATIONAL OR FEDERAL 
                           INTEREST</DELETED>

<DELETED>``Sec.
<DELETED>``901. Operational activities.
<DELETED>``902. Operational duty.
<DELETED>``903. Funding assistance.
<DELETED>``904. Operations requests.
<DELETED>``Sec. 901. Operational activities</DELETED>
<DELETED>    ``The Secretary of Defense may provide funds in advance or 
on a reimbursable basis to a Governor to employ National Guard units 
and individuals to conduct operational activities that the Secretary 
determines to be in the national interest. The Secretary of Defense 
shall prescribe regulations to implement this chapter.</DELETED>
<DELETED>``Sec. 902. Operational duty</DELETED>
<DELETED>    ``All duty performed under this chapter shall be 
considered to be full-time National Guard duty under section 502(f) of 
this title. Members of the National Guard performing full-time National 
Guard duty in the Active Guard and Reserve Program may support or 
execute operational activities performed by the National Guard under 
this chapter.</DELETED>
<DELETED>``Sec. 903. Funding assistance</DELETED>
<DELETED>    ``When the Secretary of Defense determines that certain 
operational activities of the National Guard are in the national 
interest under section 901 of this title, the Secretary shall provide 
funds to a State in an amount that the Secretary determines is 
appropriate for the following costs of the operational activities from 
funds available to the Department for related purposes:</DELETED>
        <DELETED>    ``(1) The pay, allowances, clothing, subsistence, 
        gratuities, travel, and related expenses of personnel of the 
        National Guard of that State.</DELETED>
        <DELETED>    ``(2) The operation and maintenance of the 
        equipment and facilities of the National Guard of that 
        State.</DELETED>
        <DELETED>    ``(3) The procurement of services and equipment, 
        and the leasing of equipment, for the National Guard of that 
        State.</DELETED>
<DELETED>``Sec. 904. Operations requests</DELETED>
<DELETED>    ``(a) Requests.--A Governor of a State may request funding 
assistance for the operational activities of the National Guard of that 
State from the Secretary of Defense. Any such request shall include the 
following:</DELETED>
        <DELETED>    ``(1) The specific intended operational activities 
        of the National Guard of that State.</DELETED>
        <DELETED>    ``(2) An explanation of why the operational 
        activities are in the national interest.</DELETED>
        <DELETED>    ``(3) A certification that operational activities 
        are to be conducted at a time when the personnel involved are 
        not in Federal service.</DELETED>
        <DELETED>    ``(4) A certification that participation by 
        National Guard personnel in the operational activities is 
        service in addition to training required under section 502 of 
        this title.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of chapters at the 
beginning of such title is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``9. Operations of a National or Federal Interest..     901''.
<DELETED>    (c) Conforming Amendment.--Section 115(h) of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(i) Certain Full-Time National Guard Duty Personnel 
Excluded From Counting for Full-Time National Guard Duty End 
Strengths.--In counting full-time National Guard duty personnel for the 
purpose of end-strengths authorized pursuant to subsection (a)(1), 
persons involuntarily performing operational activities under chapter 9 
of title 32 shall be excluded.''.</DELETED>

<DELETED>SEC. 530. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE COMPONENT 
              ADVISERS TO UNITS OF THE SELECTED RESERVE.</DELETED>

<DELETED>    (a) Change in Minimum Number Required to be Assigned.--
Section 414(c)(1) of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107-107; 10 U.S.C. 12001 note) is amended by 
striking ``5,000'' and inserting ``3,500''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Definition.--In this section, the term ``active 
component Reserve support personnel'' means the active component Army 
personnel assigned as advisers to units of the Selected Reserve of the 
Ready Reserve of the Army pursuant to section 414 of the National 
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 
U.S.C. 12001 note).</DELETED>

        <DELETED>Subtitle D--Joint Officer Management</DELETED>

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

<DELETED>    (a) Plan Required.--(1) The Secretary of Defense shall 
develop a strategic plan for joint officer management and joint 
professional military education that links joint officer development to 
the accomplishment of the overall missions and goals of the Department 
of Defense, as set forth in the most recent national military strategy 
under section 153(d) of title 10, United States Code. Such plan shall 
be developed for the purpose of ensuring that sufficient numbers of 
qualified officers are available as necessary to meet the needs of the 
Department for qualified officers who are operationally effective in 
the joint environment.</DELETED>
<DELETED>    (2) The Secretary shall develop the strategic plan with 
the advice of the Chairman of the Joint Chiefs of Staff.</DELETED>
<DELETED>    (b) Matters to be Included.--As part of the strategic plan 
under subsection (a), the Secretary shall include the 
following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) A description of the process for 
        identification of the requirement for joint specialty 
        officers.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Senior civilian officers and employees in the 
        Office of the Secretary of Defense, the Defense Agencies, and 
        the military departments.</DELETED>
        <DELETED>    (2) Senior noncommissioned officers.</DELETED>
        <DELETED>    (3) Senior leadership in the reserve 
        components.</DELETED>

<DELETED>SEC. 532. JOINT REQUIREMENTS FOR PROMOTION TO FLAG OR GENERAL 
              OFFICER GRADE.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 533. CLARIFICATION OF TOURS OF DUTY QUALIFYING AS A JOINT 
              DUTY ASSIGNMENT.</DELETED>

<DELETED>    (a) Consecutive Tours of Duty in Joint Duty Assignments.--
Section 668(c) of title 10, United States Code, is amended by striking 
``within the same organization''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall not apply in the case of a joint duty assignment completed by an 
officer before the date of the enactment of this Act, except in the 
case of an officer has continued in joint duty assignments, without a 
break in service in such assignments, between the end of such 
assignment and the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 534. AUTHORITY FOR RESERVE OFFICERS TO QUALIFY AS JOINT 
              SPECIAL OFFICERS.</DELETED>

<DELETED>    (a) Authority.--Subsection (a) of section 661 of title 10, 
United States Code, is amended by striking ``on the active-duty 
list''.</DELETED>
<DELETED>    (b) Nominations for Selection.--Subsection (b) of such 
section is amended in the second sentence--</DELETED>
        <DELETED>    (1) by striking ``and'' after ``military 
        department,''; and</DELETED>
        <DELETED>    (2) by inserting after ``such date,'' the 
        following: ``, and each reserve component officer in an active 
        status who is not on the active-duty list,''.</DELETED>
<DELETED>    (c) Conforming Amendments.--(1) Section 662 of such title 
is amended--</DELETED>
        <DELETED>    (A) in subsection (a), by inserting ``on the 
        active-duty list'' after ``qualifications of officers'' in the 
        matter preceding paragraph (1); and</DELETED>
        <DELETED>    (B) in subsection (b), by inserting ``on the 
        active-duty list'' after ``preceding fiscal year of officers'' 
        in the first sentence.</DELETED>
<DELETED>    (2)(A) The heading of such section is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 662. Promotion policy objectives for joint officers on 
              the active-duty list''.</DELETED>
<DELETED>    (B) The item relating to such section in the table of 
sections at the beginning of chapter 38 of such title is amended to 
read as follows:</DELETED>

<DELETED>``662. Promotion policy objectives for joint officers on the 
                            active-duty list.''.
<DELETED>    (d) Annual Report to Congress.--(1) Section 667 of such 
title is amended--</DELETED>
        <DELETED>    (A) by redesignating paragraph (18) as paragraph 
        (19); and</DELETED>
        <DELETED>    (B) by inserting after paragraph (17) the 
        following new paragraph (18):</DELETED>
        <DELETED>    ``(18) The implementation of authority under 
        section 661 of this title to certify reserve component officers 
        as joint specialty officers, together with the number of 
        reserve component officers who were so certified during the 
        reporting period.''.</DELETED>
<DELETED>    (2) The Secretary of Defense shall include in the annual 
report of the Secretary to Congress for fiscal year 2005, as part of 
the material included in that report pursuant to paragraph (18) of 
section 667 of title 10, United States Code, a summary of the joint 
officer management policies adopted for reserve component officers 
pursuant to the amendments made by subsections (a) and (b).</DELETED>

     <DELETED>Subtitle E--Professional Military Education</DELETED>

<DELETED>SEC. 541. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN 
              THE DEPARTMENT OF DEFENSE.</DELETED>

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

   <DELETED>``CHAPTER 107--PROFESSIONAL MILITARY EDUCATION</DELETED>

<DELETED>``Sec.
<DELETED>``2151. Definitions
<DELETED>``2152. Professional military education: general requirements.
<DELETED>``2153. Capstone course: newly selected general and flag 
                            officers.
<DELETED>``2154. Joint professional military education: three-phase 
                            approach.
<DELETED>``2155. Intermediate level service colleges: written 
                            examination for selection for attendance.
<DELETED>``2156. Joint professional military education phase II program 
                            of instruction.
<DELETED>``2157. Intermediate and senior level service colleges; Joint 
                            Forces Staff College: duration of principle 
                            course of instruction.
<DELETED>``2158. Annual report to Congress.
<DELETED>``Sec. 2151. Definitions</DELETED>
<DELETED>    (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:</DELETED>
                <DELETED>    ``(1) Integrated employment of land, sea, 
                and air forces.</DELETED>
                <DELETED>    ``(2) National military 
                strategy.</DELETED>
                <DELETED>    ``(3) Strategic planning.</DELETED>
                <DELETED>    ``(4) Contingency planning.</DELETED>
                <DELETED>    ``(5) Command and control of combat 
                operations under unified command.</DELETED>
                <DELETED>    ``(6) Joint and combined 
                operations.</DELETED>
                <DELETED>    ``(7) Joint doctrine.</DELETED>
                <DELETED>    ``(8) Joint logistics.</DELETED>
                <DELETED>    ``(9) Joint communications.</DELETED>
                <DELETED>    ``(10) Joint intelligence.</DELETED>
                <DELETED>    ``(11) Campaign planning.</DELETED>
                <DELETED>    ``(12) Joint military command and control 
                systems and the interface of those systems with 
                national command systems.</DELETED>
                <DELETED>    ``(13) Joint force development, including 
                mobilization.</DELETED>
                <DELETED>    ``(14) Joint requirements 
                development.</DELETED>
                <DELETED>    ``(15) Military history.</DELETED>
                <DELETED>    ``(16) Awareness of cultures in areas 
                outside of the United States where United States forces 
                may operate or of forces of foreign countries with whom 
                United States forces may operate.</DELETED>
<DELETED>    ``(b) Other Definitions.--In this chapter:</DELETED>
        <DELETED>    ``(1) The term `senior level service school' means 
        any of the following:</DELETED>
                <DELETED>    ``(A) The Army War College.</DELETED>
                <DELETED>    ``(B) The College of Naval 
                Warfare.</DELETED>
                <DELETED>    ``(C) The Air War College.</DELETED>
                <DELETED>    ``(D) The Marine Corps 
                University.</DELETED>
        <DELETED>    ``(2) The term `intermediate level service school' 
        means any of the following:</DELETED>
                <DELETED>    ``(A) The United States Army Command and 
                General Staff College.</DELETED>
                <DELETED>    ``(B) The College of Naval Command and 
                Staff.</DELETED>
                <DELETED>    ``(C) The Air Command and Staff 
                College.</DELETED>
                <DELETED>    ``(D) The Marine Corps Command and Staff 
                College.</DELETED>
<DELETED>``Sec. 2152. Joint professional military education: general 
              requirements</DELETED>
<DELETED>    ``(a) In General.--The Secretary of Defense shall 
implement a coherent and comprehensive framework for the joint 
professional military education of officers, including officers 
nominated under section 661 of this title for the joint 
specialty.</DELETED>
<DELETED>``Sec. 2153. Capstone course: newly selected general and flag 
              officers</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Waiver Authority.--(1) Subject to paragraph (2), the 
Secretary of Defense may waive subsection (a)--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(B) when necessary for the good of the 
        service;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(D) in the case of a medical officer, dental 
        officer, veterinary officer, medical service officer, nurse, 
        biomedical science officer, or chaplain.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 2154. Joint professional military education: three-
              phase approach</DELETED>
<DELETED>    ``(a) Three-Phase Approach.--The Secretary of Defense 
shall implement a three-phase approach to joint professional military 
education, as follows:</DELETED>
        <DELETED>    ``(1) There shall be a course of instruction, 
        designated and certified by the Secretary of Defense as Phase I 
        instruction, consisting all the elements of a joint 
        professional military education (as specified in section 
        2151(a) of this title), in addition to the principal curriculum 
        taught to all officers at an intermediate level service 
        school.</DELETED>
        <DELETED>    ``(2) There shall be a course of instruction, 
        designated and certified by the Secretary of Defense as Phase 
        II instruction, consisting of a joint professional military 
        education curriculum taught in residence at--</DELETED>
                <DELETED>    ``(A) the Joint Forces Staff College; 
                or</DELETED>
                <DELETED>    ``(B) a senior level service school that 
                has been designated and certified by the Secretary of 
                Defense as a joint professional military education 
                institution.</DELETED>
        <DELETED>    ``(3) There shall be a course of instruction, 
        designated and certified by the Secretary of Defense as the 
        Capstone course, for officers selected for promotion to the 
        grade of brigadier general or, in the case of the Navy, rear 
        admiral (lower half) and offered in accordance with section 
        2153 of this title.</DELETED>
<DELETED>    ``(b) Sequenced Approach.--The Secretary shall require the 
sequencing of joint professional military education so that the 
standard sequence of assignments for such education requires an officer 
to complete Phase I instruction before proceeding to Phase II 
instruction, as provided in section 2156(a) of this title.</DELETED>
<DELETED>``Sec. 2155. Intermediate level service school: written 
              examination for selection for attendance</DELETED>
<DELETED>    ``(a) Requirement.--The Secretary of each military 
department shall require that performance on a comprehensive written 
examination shall constitute not less than 20 percent of the evaluation 
criteria for selection of any officer for full-time attendance at an 
intermediate level service school under the jurisdiction of the 
Secretary. Such an examination shall be designed so as to require 
substantive knowledge of military history, national military strategy, 
service and joint doctrine, and such other subjects as the Secretary 
may require. Such an examination shall be required for each class 
entering an intermediate level service school after September 30, 
2007.</DELETED>
<DELETED>    ``(b) Selection From Different Service.--The Secretary of 
a military department, in considering candidates for full-time 
attendance at an intermediate level service school under the 
jurisdiction of the Secretary who are officers of an armed force other 
than the armed force that administers that service school, shall 
consider such an officer to be qualified for selection for such 
attendance if the officer has met all the requirements for attendance 
at the equivalent intermediate level service school of that officer's 
own armed force.</DELETED>
<DELETED>``Sec. 2156. Joint professional military education phase II 
              program of instruction</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) The Chairman of the Joint Chiefs of Staff may grant 
exceptions to the requirement under paragraph (1). Such an exception 
may be granted only on a case-by-case basis for compelling cause, as 
determined by the Chairman. An officer selected to receive such an 
exception shall be required to demonstrate a knowledge of joint matters 
and other aspects of the Phase I curriculum that, to the satisfaction 
of the Chairman, qualifies the officer to meet the minimum requirements 
established for entry into Phase II instruction without first 
completing Phase I instruction. The number of officers selected to 
attend an offering of the principal course of instruction at the Joint 
Forces Staff College or a senior level service school designated by the 
Secretary of Defense as a joint professional military education 
institution who have not completed Phase I instruction should comprise 
no more than 10 percent of the total number of officers 
selected.</DELETED>
<DELETED>    ``(b) Phase II Requirements.--The Secretary shall require 
that the curriculum for Phase II joint professional military education 
at any school--</DELETED>
        <DELETED>    ``(1) focus on developing joint attitudes and 
        perspectives and honing joint warfighting skills; and</DELETED>
        <DELETED>    ``(2) be structured --</DELETED>
                <DELETED>    ``(A) so as to adequately prepare students 
                to perform effectively in an assignment to a joint, 
                multiservice organization; and</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) National security strategy.</DELETED>
        <DELETED>    ``(2) Theater strategy and campaigning.</DELETED>
        <DELETED>    ``(3) Joint planning processes and 
        systems.</DELETED>
        <DELETED>    ``(4) Joint, interagency, and multinational 
        capabilities and the integration of those 
        capabilities.</DELETED>
<DELETED>    ``(d) Student Ratio; Faculty Ratio.--(1) For courses of 
instruction in a Phase II program of instruction that is offered at 
senior level service school that has been designated by the Secretary 
of Defense as a joint professional military education institution--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 2157. Intermediate and senior level service schools; 
              Joint Forces Staff College: duration of principle course 
              of instruction</DELETED>
<DELETED>    ``(a) Service Schools.--The duration of the principal 
course of instruction offered at each intermediate level service school 
and each senior level service school may not be less than 10 months of 
resident instruction. The Secretary of Defense may waive the 
requirement in the preceding sentence during a period of war or during 
a national emergency declared by the President or the 
Congress.</DELETED>
<DELETED>    ``(b) Joint Forces Staff College.--(1) The duration of the 
principal course of instruction offered at the Joint Forces Staff 
College may not be less than 10 weeks of resident 
instruction.</DELETED>
<DELETED>    ``(2) In this subsection, the term `principal course of 
instruction' means any course of instruction offered at the Joint 
Forces Staff College as Phase II joint professional military 
education.</DELETED>
<DELETED>``Sec. 2158. Annual report to Congress</DELETED>
<DELETED>    ``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):</DELETED>
        <DELETED>    ``(1) The number of officers who successfully 
        completed a joint professional military education phase II 
        course and were not selected for promotion.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Transfer of Other Provisions.--Subsections (b) and (c) 
of section 663 of title 10, United States Code, are transferred to 
section 2151 of such title, as added by subsection (a), and added at 
the end thereof.</DELETED>
<DELETED>    (c) Conforming Amendments.--(1) Section 663 of such title, 
as amended by subsection (b), is further amended--</DELETED>
        <DELETED>    (A) by striking subsections (a) and (e); 
        and</DELETED>
        <DELETED>    (B) by striking ``(d) Post-Education Joint Duty 
        Assignments.--(1) The'' and inserting ``(a) Joint Specialty 
        Officers.--The'';</DELETED>
        <DELETED>    (C) by striking ``(2)(A) The Secretary'' and 
        inserting ``(b) Other Officers.--(1) The Secretary'';</DELETED>
        <DELETED>    (D) by striking ``in subparagraph (B)' and 
        inserting ``in paragraph (2)'';</DELETED>
        <DELETED>    (E) by striking ``(B) The Secretary'' and 
        inserting ``(2) The Secretary''; and</DELETED>
        <DELETED>    (F) by striking ``in subparagraph (B)' and 
        inserting ``in paragraph (1)''.</DELETED>
<DELETED>    (2)(A) The heading of such section is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 633. Joint duty assignments after completion of joint 
              professional military education''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``633. Joint duty assignments after completion of joint 
                            professional military education.''.
<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``106A. Educational Assistance for Persons               2141 
                            Enlisting for Active Duty.
<DELETED>``107. Professional Military Education  ...........    2151''.

<DELETED>SEC. 542. RIBBONS TO RECOGNIZE COMPLETION OF JOINT 
              PROFESSIONAL MILITARY EDUCATION.</DELETED>

<DELETED>    (a) In General.--(1) Chapter 57 of title 10, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 1134. Joint professional military education ribbon: 
              award</DELETED>
<DELETED>    ``(a) JPME I.--The Secretary of Defense may award a 
ribbon, of appropriate design, as approved by the Secretary, to any 
person who successfully completes a program of instruction approved by 
the Secretary as qualifying for credit as the Joint Professional 
Military Education Phase I program of instruction.</DELETED>
<DELETED>    ``(b) JPME II.--The Secretary of Defense may award a 
device, of appropriate design, as approved by the Secretary, for wear 
with the ribbon awarded under subsection (a), to any person who 
successfully completes a program of instruction approved by the 
Secretary as qualifying for credit as the Joint Professional Military 
Education Phase II course of instruction.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``1134. Joint professional military education ribbon: 
                            award.''.
<DELETED>    (b) Effective Date.--Section 1134 of title 10, United 
States Code, as added by subsection (a), shall apply with respect to 
the successful completion of a joint professional military education 
program of instruction after November 29, 1989.</DELETED>

<DELETED>SEC. 543. INCREASE IN NUMBER OF PRIVATE-SECTOR CIVILIANS WHO 
              MAY BE ENROLLED FOR INSTRUCTION AT NATIONAL DEFENSE 
              UNIVERSITY.</DELETED>

<DELETED>    Section 2167(a) of title 10, United States Code, is 
amended by striking ``10'' and inserting ``20''.</DELETED>

<DELETED>SEC. 544. REQUIREMENT FOR COMPLETION OF PHASE I JOINT 
              PROFESSIONAL MILITARY EDUCATION BEFORE PROMOTION TO 
              COLONEL OR NAVY CAPTAIN.</DELETED>

<DELETED>    (a) In General.--Chapter 36 of title 10, United States 
Code, is amended by inserting after section 619a the following new 
section:</DELETED>
<DELETED>``Sec. 619b. Eligibility for consideration for promotion: 
              joint professional military education required before 
              promotion to colonel or Navy captain; 
              exceptions</DELETED>
<DELETED>    ``(a) General Rule.--After September 30, 2007, an officer 
on the active-duty list of the Army, Air Force, or Marine Corps may not 
be appointed to the grade of colonel, and an officer on the active-duty 
list of the Navy may not be appointed to the grade of captain, unless 
the officer has successfully completed a program of instruction 
approved by the Secretary as qualifying for credit as the Joint 
Professional Military Education Phase I or Phase II program of 
instruction.</DELETED>
<DELETED>    ``(b) Exceptions.--Subject to subsection (c), the 
Secretary of Defense may waive subsection (a) in the following 
circumstances:</DELETED>
        <DELETED>    ``(1) When necessary for the good of the 
        service.</DELETED>
        <DELETED>    ``(2) In the case of an officer whose proposed 
        selection for promotion is based primarily upon scientific and 
        technical qualifications for which joint requirements do not 
        exist.</DELETED>
        <DELETED>    ``(3) In the case of--</DELETED>
                <DELETED>    ``(A) a medical officer, dental officer, 
                veterinary officer, medical service officer, nurse, or 
                biomedical science officer;</DELETED>
                <DELETED>    ``(B) a chaplain; or</DELETED>
                <DELETED>    ``(C) a judge advocate.</DELETED>
<DELETED>    ``(c) Waiver To Be Individual.--A waiver may be granted 
under subsection (b) only on a case-by-case basis in the case of an 
individual officer.</DELETED>
<DELETED>    ``(d) Special Rule for Good-of-the-Service Waiver.--In the 
case of a waiver under subsection (b)(1), the Secretary shall provide 
that the first duty assignment as a colonel or Navy captain of the 
officer for whom the waiver is granted shall be to a program of joint 
professional military education.</DELETED>
<DELETED>    ``(e) Limitation on Delegation of Waiver Authority.--The 
authority of the Secretary of Defense to grant a waiver under 
subsection (b) (other than under paragraph (1) of that subsection) may 
be delegated only to the Deputy Secretary of Defense, an Under 
Secretary of Defense, or an Assistant Secretary of Defense.</DELETED>
<DELETED>    ``(f) Regulations.--The Secretary of Defense shall 
prescribe regulations to carry out this section. The regulations shall 
specifically identify for purposes of subsection (b)(2) those 
categories of officers for which selection for promotion to colonel or, 
in the case of the Navy, captain is based primarily upon scientific and 
technical qualifications for which joint requirements do not 
exist.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``619b. Eligibility for consideration for promotion: joint 
                            professional military education required 
                            before promotion to colonel or Navy 
                            captain; exceptions.''.

  <DELETED>Subtitle F--Other Education and Training Matters</DELETED>

<DELETED>SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PROGRAM.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 511. College First Program</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Delayed Entry With Allowance for Higher Education.--
The Secretary concerned may--</DELETED>
        <DELETED>    ``(1) exercise the authority under section 513 of 
        this title--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) An allowance may not be paid to a person under this 
section for more than 24 months.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) An obligation to repay the United States imposed 
under paragraph (1) is for all purposes a debt owed to the United 
States.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``511. College First Program''.
<DELETED>    (b) Repeal of Army College First Program.--Section 573 of 
the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 
513 note) is repealed. The Secretary of the Army shall treat the 
program under section 511 of title 10, United States Code, as added by 
subsection (a), as a continuation of the program under the section 
repealed by the preceding sentence.</DELETED>
<DELETED>    (c) Effective Date.--Section 511 of title 10, United 
States Code, as added by subsection (a), and the repeal made by 
subsection (b) shall take effect on October 1, 2004.</DELETED>
<DELETED>    (d) Limitation on Fiscal Year 2005 Obligations.--During 
fiscal year 2005, obligations incurred under section 511 of title 10, 
United States Code, as added by subsection (a), to pay allowances to 
persons accepted for enlistment as a Reserve for service in the 
Selected Reserve or Individual Ready Reserve of a reserve component 
using the expanded authority provided by the amendment made by 
subsection (a) may not exceed $5,000,000. The authority to pay 
allowances under such section shall not be considered to be an expanded 
authority to the extent that the authority to pay such allowances was 
available under section 573 of the National Defense Authorization Act 
for Fiscal Year 2000 (10 U.S.C. 513 note), before the repeal of such 
section by subsection (b).</DELETED>

<DELETED>SEC. 552. STANDARDIZATION OF AUTHORITY TO CONFER DEGREES ON 
              GRADUATES OF COMMUNITY COLLEGE OF THE AIR FORCE WITH 
              AUTHORITY FOR OTHER SCHOOLS OF AIR UNIVERSITY.</DELETED>

<DELETED>    (a) Change in Degree Conferring Authority.--Section 
9315(c) of title 10, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``Air Education 
        and Training Command of the Air Force'' and inserting ``Air 
        University''; and</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``Air Education 
        and Training Command of the Air Force'' and inserting ``Air 
        University''.</DELETED>
<DELETED>    (b) Conforming and Stylistic Amendments.--(1) Subsection 
(a) of section 9317 of such title is amended--</DELETED>
        <DELETED>    (1) by striking ``may confer--'' and inserting 
        ``may confer degrees as follows:'';</DELETED>
        <DELETED>    (2) by striking ``the'' in paragraphs (1), (2), 
        and (3) after the paragraph designation and inserting 
        ``The'';</DELETED>
        <DELETED>    (3) by striking the semicolon at the end of 
        paragraph (1) and inserting a period;</DELETED>
        <DELETED>    (4) by striking ``; and'' at the end of paragraph 
        (2) and inserting a period; and</DELETED>
        <DELETED>    (5) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(4) An associate level degree upon graduates of 
        the Community College of the Air Force.''.</DELETED>
<DELETED>    (c) Clerical Amendments.--The heading for such section, 
and the item relating to such section in the table of sections at the 
beginning of chapter 901 of such title, are amended by striking the 
matter between the colon and the last word.</DELETED>

<DELETED>SEC. 553. CHANGE IN TITLES OF HEADS OF THE NAVAL POSTGRADUATE 
              SCHOOL.</DELETED>

<DELETED>    (a) President of the School.--(1)(A) Section 7042 of title 
10, United States Code, is amended by striking ``Superintendent'' each 
place it appears in the text and inserting ``President''.</DELETED>
<DELETED>    (B) The heading of such section is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 7042. President; assistants''.</DELETED>
<DELETED>    (2)(A) Section 7044 of such title is amended by striking 
``Superintendent'' and inserting ``President of the school'';</DELETED>
<DELETED>    (B) Sections 7048(a) and 7049(e) of such title are amended 
by striking ``Superintendent'' and inserting ``President'';</DELETED>
<DELETED>    (b) Provost and Academic Dean.--(1)(A) Subsection (a) of 
section 7043 of title 10, United States Code, is amended to read as 
follows:</DELETED>
<DELETED>    ``(a) There is at the Naval Postgraduate School the 
civilian position of Provost and Academic Dean. The Provost and 
Academic Dean shall be appointed, to serve for periods of not more than 
five years, by the Secretary of the Navy after consultation with the 
Naval Postgraduate School Board of Advisors and consideration of the 
recommendation of the leadership and faculty of the Naval Postgraduate 
School.''.</DELETED>
<DELETED>    (B) Subsection (b) of such section is amended by striking 
``Academic Dean'' and inserting ``Provost and Academic 
Dean''.</DELETED>
<DELETED>    (C) The heading of such section is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 7043. Provost and Academic Dean''.</DELETED>
<DELETED>    (2) Section 5102(c)(10) of title 5, United States Code, is 
amended by striking ``Academic Dean'' and inserting ``Provost and 
Academic Dean''.</DELETED>
<DELETED>    (c) Clerical Amendment.--The table of sections at the 
beginning of chapter 605 of such title is amended by striking the items 
related to sections 7042 and 7043 and inserting the following new 
items:</DELETED>

<DELETED>``7042. President; assistants.
<DELETED>``7043. Provost and Academic Dean.''.

<DELETED>SEC. 554. INCREASE FROM TWO YEARS TO THREE YEARS IN PERIOD FOR 
              WHICH EDUCATIONAL LEAVE OF ABSENCE MAY BE 
              AUTHORIZED.</DELETED>

<DELETED>    Section 708(a) of title 10, United States Code, is amended 
by striking ``two years'' and inserting ``three years''.</DELETED>

<DELETED>SEC. 555. CORRECTION TO DISPARATE TREATMENT OF DISABILITIES 
              SUSTAINED DURING ACCESSION TRAINING.</DELETED>

<DELETED>    (a) Eligibility of Academy Cadets and Midshipmen for 
Disability Retired Pay.--(1) Section 1217 of title 10, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 1217. Cadets, midshipmen, and aviation cadets: 
              applicability of chapter</DELETED>
<DELETED>    ``(a) This chapter applies to cadets at the United States 
Military Academy, the United States Air Force Academy, and the United 
States Coast Guard Academy and midshipmen of the Navy, but only with 
respect to physical disabilities incurred after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2005.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``1217. Cadets, midshipmen, and aviation cadets: applicability 
                            of chapter.''.
<DELETED>    (b) Medical and Dental Care for Senior ROTC Members and 
Applicants.--(1) Chapter 55 of title 10, United States Code, is amended 
by inserting after section 1074a the following new section:</DELETED>
<DELETED>``Sec. 1074b. Medical and dental care: members of, and 
              designated applicants for membership in, Senior 
              ROTC</DELETED>
<DELETED>    ``(a) Under joint regulations prescribed by the 
administering Secretaries, the following persons are entitled to the 
benefits described in subsection (b):</DELETED>
        <DELETED>    ``(1) A member of, and a designated applicant for 
        membership in, Senior ROTC who incurs or aggravates an injury, 
        illness, or disease in the line of duty while performing duties 
        pursuant to section 2109 of this title.</DELETED>
        <DELETED>    ``(2) A member of, and a designated applicant for 
        membership in, Senior ROTC who incurs or aggravates an injury, 
        illness, or disease while traveling directly to or from the 
        place at which that member or applicant is to perform or has 
        performed duties pursuant to section 2109 of this 
        title.</DELETED>
        <DELETED>    ``(3) Each member of, and each designated 
        applicant for membership in, Senior ROTC who incurs or 
        aggravates an injury, illness, or disease in the line of duty 
        while remaining overnight immediately before the commencement 
        of duties performed pursuant to section 2109 of this title or, 
        while remaining overnight, between successive periods of 
        performing duties pursuant to section 2109 of this title, at or 
        in the vicinity of the site of the duties performed pursuant to 
        section 2109 of this title, if the site is outside reasonable 
        commuting distance from the residence of the member or 
        designated applicant.</DELETED>
<DELETED>    ``(b) A person described in subsection (a) is entitled 
to--</DELETED>
        <DELETED>    ``(1) the medical and dental care appropriate for 
        the treatment of the injury, illness, or disease of that person 
        until the resulting disability cannot be materially improved by 
        further hospitalization or treatment; and</DELETED>
        <DELETED>    ``(2) subsistence during 
        hospitalization.</DELETED>
<DELETED>    ``(c) A member of, and each designated applicant for 
membership in, Senior ROTC is not entitled to benefits under subsection 
(b) if the injury, illness, or disease or aggravation of an injury, 
illness, or disease of that person described in subsection (a)(2) is 
the result of the gross negligence or the misconduct of the member or 
applicant for membership in Senior ROTC.</DELETED>
<DELETED>    ``(d) In this section, the term `Senior ROTC' means a 
program under chapter 103 of this title.''.</DELETED>
<DELETED>    (2) Section 1074b of title 10, United States Code, as 
added by paragraph (1), shall apply with respect to injuries, 
illnesses, and diseases incurred or aggravated on or after the date of 
the enactment of this Act.</DELETED>
<DELETED>    (3) The table of sections at the beginning of chapter 55 
of such title is amended by inserting after the item relating to 
section 1074a the following new item:</DELETED>

<DELETED>``1074b. Medical and dental care: members of, and designated 
                            applicants for membership in, Senior 
                            ROTC.''.

<DELETED>SEC. 556. PRAYER AT MILITARY SERVICE ACADEMY 
              ACTIVITIES.</DELETED>

<DELETED>    (a) Authority of Superintendent.--The Superintendent of a 
service academy may have in effect such policy as the Superintendent 
considers appropriate with respect to the offering of a voluntary, 
nondenominational prayer at an otherwise authorized activity of the 
academy, subject to such limitations as the President may 
prescribe.</DELETED>
<DELETED>    (b) Service Academies.--For purposes of this section, the 
term ``service academy'' means any of the following:</DELETED>
        <DELETED>    (1) The United States Military Academy.</DELETED>
        <DELETED>    (2) The United States Naval Academy.</DELETED>
        <DELETED>    (3) The United States Air Force Academy.</DELETED>

<DELETED>SEC. 557. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS 
              SERVICE ACADEMY SUPERINTENDENTS.</DELETED>

<DELETED>    (a) Repeal of Requirement That Officers Retire After 
Service as Superintendent.--Sections 3921, 6371, and 8921 of title 10, 
United States Code, are repealed.</DELETED>
<DELETED>    (b) Minimum Three-Year Tour of Duty as Superintendent.--
</DELETED>
        <DELETED>    (1) Military Academy.--Section 4333a of such title 
        is amended to read as follows:</DELETED>
<DELETED>``Sec. 4333a. Superintendent: length of assignment</DELETED>
<DELETED>    ``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.''.</DELETED>
        <DELETED>    (2) Naval Academy.--Section 6951a of such title is 
        amended--</DELETED>
                <DELETED>    (A) by striking the second sentence of 
                subsection (b); and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                subsection:</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (3) Air Force Academy.--Section 9333a of such 
        title is amended to read as follows:</DELETED>
<DELETED>``Sec. 9333a. Superintendent: length of assignment</DELETED>
<DELETED>    ``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.''.</DELETED>
<DELETED>    (b) Clerical Amendments.--</DELETED>
        <DELETED>    (1) The table of sections at the beginning of 
        chapter 367 of such title is amended by striking the item 
        relating to section 3921.</DELETED>
        <DELETED>    (2) The table of sections at the beginning of 
        chapter 403 of such title is amended to read as 
        follows:</DELETED>

<DELETED>``4333a. Superintendent: length of assignment.''
        <DELETED>    (3) The table of sections at the beginning of 
        chapter 573 of such title is amended by striking the item 
        relating to section 6371.</DELETED>
        <DELETED>    (4) The table of sections at the beginning of 
        chapter 867 of such title is amended by striking the item 
        relating to section 8921.</DELETED>
        <DELETED>    (5) The table of sections at the beginning of 
        chapter 903 of such title is amended to read as 
        follows:</DELETED>

<DELETED>``9333a. Superintendent: length of assignment.''

<DELETED>SEC. 558. CODIFICATION OF PROHIBITION ON IMPOSITION OF CERTAIN 
              CHARGES AND FEES AT THE SERVICE ACADEMIES.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 4359. Cadets: charges and fees for attendance; 
              limitation</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``4359. Cadets: charges and fees for attendance; 
                            limitation.''.
<DELETED>    (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:</DELETED>
<DELETED>``Sec. 6978. Midshipmen: charges and fees for attendance; 
              limitation</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``4359. Midshipmen: charges and fees for attendance; 
                            limitation.''.
<DELETED>    (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:</DELETED>
<DELETED>``Sec. 9359. Cadets: charges and fees for attendance; 
              limitation</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``9359. Cadets: charges and fees for attendance; 
                            limitation.''.
<DELETED>    (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:</DELETED>
<DELETED>``Sec. 197. Cadets: charges and fees for attendance; 
              limitation</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``197. Cadets: charges and fees for attendance; limitation.''.
<DELETED>    (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:</DELETED>
<DELETED>    ``(j) Limitation on Charges and Fees for Attendance.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 559. QUALIFICATIONS OF THE DEAN OF THE FACULTY OF UNITED 
              STATES AIR FORCE ACADEMY.</DELETED>

<DELETED>    Section 9335(a) of title 10, United States Code, is 
amended by inserting before the period at the end of the second 
sentence the following: ``, except that, if the Dean is not an officer 
on active duty, the Dean shall be a retired officer or former officer, 
and a person may not be appointed or assigned as Dean unless that 
person holds the highest academic degree in that person's academic 
field''.</DELETED>

<DELETED>SEC. 560A. BOARD OF VISITORS OF UNITED STATES AIR FORCE 
              ACADEMY.</DELETED>

<DELETED>    Section 9355 of title 10, United States Code, is amended 
to read as follows:</DELETED>
<DELETED>``Sec. 9355. Board of Visitors</DELETED>
<DELETED>    ``(a) A Board of Visitors to the Academy is constituted 
annually. The Board consists of the following members:</DELETED>
        <DELETED>    ``(1) Six persons designated by the 
        President.</DELETED>
        <DELETED>    ``(2) 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.</DELETED>
        <DELETED>    ``(3) Three persons designated by the Vice 
        President or the President pro tempore of the Senate, two of 
        whom shall be members of the Senate and the third of whom may 
        not be a member of the Senate.</DELETED>
        <DELETED>    ``(4) The chairman of the Committee on Armed 
        Services of the House of Representatives, or his 
        designee.</DELETED>
        <DELETED>    ``(5) The chairman of the Committee on Armed 
        Services of the Senate, or his designee.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) At least two of the members designated by the 
President shall be graduates of the Academy.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) 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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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, of all institutional problems.</DELETED>
<DELETED>    ``(3) The Board shall recommend appropriate 
action.</DELETED>
<DELETED>    ``(f) Within 30 days after any meeting of the Board, the 
Board shall submit a written report 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 with its views and recommendations 
pertaining to the Academy.</DELETED>
<DELETED>    ``(g) Upon approval by the Secretary, the Board may call 
in advisers for consultation.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 560B. ESTABLISHMENT OF COLLEGE FINANCIAL ASSISTANCE 
              PROGRAM FOR DISTRICT OF COLUMBIA NATIONAL 
              GUARD.</DELETED>

<DELETED>    (a) Authority.--Under regulations prescribed by the 
Secretary of Defense, the Secretary concerned may, in recognition of 
the unique position of the District of Columbia in the Federal system, 
provide financial assistance to eligible members of the National Guard 
of the District of Columbia for expenses of such a member while 
enrolled in an approved institution of higher education in a degree, 
certificate, or other program (including a program of study abroad 
approved for credit by the institution of higher education) leading to 
a recognized educational credential at the institution of higher 
education. Any such assistance may be provided only during the program 
applicability period specified in subsection (i).</DELETED>
<DELETED>    (b) Authority Subject to Availability of Appropriations.--
The authority provided in subsection (a) is subject to the availability 
of appropriations for that purpose.</DELETED>
<DELETED>    (c) Eligibility.--To be eligible for financial assistance 
under this section, a member of the National Guard of the District of 
Columbia must--</DELETED>
        <DELETED>    (1) be a member of the National Guard of the 
        District of Columbia for not less than the 12 consecutive 
        months preceding the commencement of the tuition assistance and 
        continue to be such a member while receiving such 
        assistance;</DELETED>
        <DELETED>    (2) agree to serve one year in the National Guard 
        of the District of Columbia for each academic year of 
        assistance provided;</DELETED>
        <DELETED>    (3) be enrolled or accepted for enrollment in a 
        program of education referred to in subsection (a) at an 
        institution of higher education; and</DELETED>
        <DELETED>    (4) if already enrolled, maintain satisfactory 
        progress in the course of study the member is pursuing in 
        accordance with section 484(c) of the Higher Education Act of 
        1965 (20 U.S.C. 1091(c)).</DELETED>
<DELETED>    (d) Covered Expenses.--Expenses for which financial 
assistance may be provided under this section are the 
following:</DELETED>
        <DELETED>    (1) Tuition and fees charged by an approved 
        institution of higher education involved.</DELETED>
        <DELETED>    (2) The cost of books.</DELETED>
        <DELETED>    (3) Laboratory expenses.</DELETED>
<DELETED>    (e) Amount.--(1) The amount of financial assistance 
provided to a member of the National Guard of the District of Columbia 
under this section shall be prescribed by the Secretary concerned, but 
may not exceed $2,500 for any academic year. The Secretary concerned 
shall prorate assistance under this section for members who pursue a 
program of education on less than a full-time basis.</DELETED>
<DELETED>    (2) A member may not receive more than $12,500 under this 
section.</DELETED>
<DELETED>    (f) Construction.--Nothing in this section shall be 
construed to require an institution of higher education to alter the 
institution's admissions policies or standards in any manner to enable 
a member of the National Guard of the District of Columbia to enroll in 
the institution.</DELETED>
<DELETED>    (g) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The term ``approved institution of higher 
        education'' means an institution of higher education (as 
        defined in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001)) that--</DELETED>
                <DELETED>    (A) is eligible to participate in the 
                student financial assistance programs under title IV of 
                the Higher Education Act of 1965 (20 U.S.C. 1070 et 
                seq.); and</DELETED>
                <DELETED>    (B) has entered into an agreement with the 
                Secretary concerned containing such conditions as the 
                Secretary may specify, including a requirement that the 
                institution use the funds made available under this 
                section to supplement and not supplant assistance that 
                otherwise would be provided to eligible students from 
                the District of Columbia National Guard.</DELETED>
        <DELETED>    (2) Secretary concerned.--The term ``Secretary 
        concerned'' means--</DELETED>
                <DELETED>    (A) the Secretary of the Army, in the case 
                of the Army National Guard of the District of Columbia; 
                and</DELETED>
                <DELETED>    (B) the Secretary of the Air Force, in the 
                case of the Air National Guard of the District of 
                Columbia.</DELETED>
<DELETED>    (h) Annual Report.--At the close of each year during which 
the program under this section is in effect, the Secretary of Defense 
shall submit to the congressional defense committees a report on the 
effectiveness of the program in improving recruiting and retention for 
the District of Columbia National Guard. Each such report shall include 
such recommendations for changes in law or policy as the Secretary 
considers appropriate. In the first such report, the Secretary shall 
include an analysis of means for improving the effectiveness as a 
recruitment and retention incentive of any program providing tuition 
assistance for members of the District of Columbia National Guard in 
existence as of the date of the enactment of this Act.</DELETED>
<DELETED>    (i) Program Applicability Period.--Financial assistance 
may be provided under this section to eligible members of the National 
Guard of the District of Columbia for periods of instruction that begin 
during the three-year period beginning on the date of the enactment of 
this Act.</DELETED>

<DELETED>Subtitle G--Medals and Decorations and Special Promotions and 
                         Appointments</DELETED>

<DELETED>SEC. 561. SEPARATE MILITARY CAMPAIGN MEDALS TO RECOGNIZE 
              SERVICE IN OPERATION ENDURING FREEDOM AND SERVICE IN 
              OPERATION IRAQI FREEDOM.</DELETED>

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

<DELETED>SEC. 562. ELIGIBILITY OF ALL UNIFORMED SERVICES PERSONNEL FOR 
              NATIONAL DEFENSE SERVICE MEDAL.</DELETED>

<DELETED>    The President shall revise the criteria for eligibility 
for the decoration known as the National Defense Service Medal so as to 
extend such eligibility, with respect to service on or after September 
11, 2001, to members of all of the uniformed services.</DELETED>

<DELETED>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.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE 
              GRADE OF MAJOR GENERAL IN THE ARMY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 565. REQUIREMENTS FOR AWARD OF COMBAT INFANTRYMAN BADGE 
              AND COMBAT MEDICAL BADGE WITH RESPECT TO SERVICE IN KOREA 
              AFTER JULY 28, 1953.</DELETED>

<DELETED>    (a) Standardization of Requirements With Other Geographic 
Areas.--(1) Chapter 357 of title 10, United States Code, is amended by 
adding at the end the following new section:</DELETED>
<DELETED>``Sec. 3757. Korean defense service: Combat Infantryman Badge; 
              Combat Medical Badge</DELETED>
<DELETED>    ``The Secretary of the Army shall provide that, with 
respect to service in the Republic of Korea after July 28, 1953, 
eligibility of a member of the Army for the Combat Infantryman Badge or 
the Combat Medical Badge shall be met under criteria and eligibility 
requirements that, as nearly as practicable, are identical to those 
applicable, at the time of such service in the Republic of Korea, to 
service elsewhere without regard to specific location or special 
circumstances. In particular, such eligibility shall be established--
</DELETED>
        <DELETED>    ``(1) without any requirement for service by the 
        member in an area designated as a `hostile fire area' (or by 
        any similar designation) or that the member have been 
        authorized hostile fire pay;</DELETED>
        <DELETED>    ``(2) without any requirement for a minimum number 
        of instances (in excess of one) in which the member was engaged 
        with the enemy in active ground combat involving an exchange of 
        small arms fire; and</DELETED>
        <DELETED>    ``(3) without any requirement for personal 
        recommendation or approval by commanders in the member's chain 
        of command other than is generally applicable for service at 
        locations outside the Republic of Korea.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``3757. Korean defense service: Combat Infantryman Badge; 
                            Combat Medical Badge.''.
<DELETED>    (b) Applicability to Service Before Date of Enactment.--
The Secretary of the Army shall establish procedures to provide for the 
implementation of section 3757 of title 10, United States Code, as 
added by subsection (a), with respect to service in the Republic of 
Korea during the period between July 28, 1953, and the date of the 
enactment of this Act. Such procedures shall include a requirement for 
submission of an application for award of a badge under that section 
with respect to service before the date of the enactment of this Act 
and the furnishing of such information as the Secretary may 
specify.</DELETED>

<DELETED>SEC. 566. ARMY COMBAT RECOGNITION RIBBON.</DELETED>

<DELETED>    (a) Requirement Similar to That for Navy Combat Action 
Ribbbon .--(1) Chapter 357 of title 10, United States Code, is amended 
by adding at the end the following new section:</DELETED>
<DELETED>``Sec. 3757. Combat recognition ribbon</DELETED>
<DELETED>    ``(a) Requirement.--The Secretary of the Army shall 
establish a combat recognition ribbon to recognize participation by 
members of the Army in combat. The Secretary shall award the combat 
recognition ribbon to each member of the Army who meets the criteria 
for that ribbon based upon service performed after August 1, 
1990.</DELETED>
<DELETED>    ``(b) Criteria for Award.--The Secretary shall establish 
the criteria for award of the combat recognition ribbon. To the maximum 
extent practicable, the criteria for the award of such ribbon shall be 
based upon, and be similar to, the criteria for award of the Navy 
Combat Action Ribbon, including any special criteria for service during 
a particular period of time or in a specific location.</DELETED>
<DELETED>    ``(c) Limitation.--The combat recognition ribbon may not 
be awarded to a member of the Army with respect to the same period of 
service as service for which the member was awarded the Combat 
Infantryman Badge or the Combat Medic Badge.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``3757. Combat recognition ribbon.''.
<DELETED>    (b) Implementation for Service Before Date of Enactment.--
The Secretary of the Army shall establish procedures to provide for the 
implementation of section 3757 of title 10, United States Code, as 
added by subsection (a), with respect to service during the period 
beginning on August 1, 1990, and ending on the date of the enactment of 
this Act. Such procedures shall include a requirement for submission of 
an application for award of a ribbon under that section with respect to 
service before the date of the enactment of this Act and the furnishing 
of such information as the Secretary may specify. Such procedures shall 
be established not later than 180 days after the date of the enactment 
of this Act.</DELETED>

        <DELETED>Subtitle H--Military Justice Matters</DELETED>

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

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 572. SERVICE TIME NOT LOST WHEN CONFINED IN CONNECTION 
              WITH TRIAL IF CONFINEMENT EXCUSED AS 
              UNAVOIDABLE.</DELETED>

<DELETED>    Section 972 of title 10, United States Code, is amended in 
each of subsections (a)(3) and (b)(3) by inserting after ``the trial'' 
the following: ``, unless such confinement is excused as 
unavoidable''.</DELETED>

<DELETED>SEC. 573. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL 
              ASSISTANCE COUNSEL TO PROVIDE MILITARY LEGAL ASSISTANCE 
              WITHOUT REGARD TO LICENSING REQUIREMENTS.</DELETED>

<DELETED>    Section 1044 of title 10, United States Code, is amended 
by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(e)(1) Notwithstanding any law regarding the licensure 
of attorneys, a judge advocate or civilian attorney who is authorized 
to provide military legal assistance is authorized to provide that 
assistance in any jurisdiction, subject to such regulations as may be 
prescribed by the Secretary concerned.</DELETED>
<DELETED>    ``(2) In this subsection, the term `military legal 
assistance' includes--</DELETED>
        <DELETED>    ``(A) legal assistance provided under this 
        section; and</DELETED>
        <DELETED>    ``(B) legal assistance contemplated by sections 
        1044a, 1044b, 1044c, and 1044d of this title.''.</DELETED>

  <DELETED>Subtitle I--Management and Administrative Matters</DELETED>

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

<DELETED>    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,''.</DELETED>

<DELETED>SEC. 582. STAFFING AND FUNDING FOR DEFENSE PRISONER OF WAR/
              MISSING PERSONNEL OFFICE (DPMO).</DELETED>

<DELETED>    (a) Minimum Level of Staffing.--Subparagraph (B) of 
section 1501(a)(5) of title 10, United States Code, is amended to read 
as follows:</DELETED>
<DELETED>    ``(B)(i) For any fiscal year--</DELETED>
        <DELETED>    ``(I) the number of full-time Department of 
        Defense personnel permanently assigned or detailed to the 
        office shall be not less than 46 members of the armed forces 
        and not less than 69 civilian employees of the Department of 
        Defense; and</DELETED>
        <DELETED>    ``(II) the number of permanent positions 
        authorized for the office shall be not less than 46 positions 
        for members of the armed forces and not less than 69 positions 
        for civilian employees.</DELETED>
<DELETED>    ``(ii) No reductions below the numbers assigned or 
authorized under clause (i) may be made unless expressly authorized by 
law.</DELETED>
<DELETED>    ``(iii) If for any reason the number of military or 
civilian personnel assigned to the office should fall below the 
required level under clause (i)(I), the Secretary of Defense shall 
promptly notify the Committees on Armed Services of the Senate and 
House of Representatives of the number of personnel so assigned and of 
the Secretary's plan to restore the staffing levels of the office to at 
least the required minimums under clause (i). The Secretary shall 
publish such notice and plan in the Federal Register.''.</DELETED>
<DELETED>    (b) Minimum Level of Funding.--Subparagraph (C) of such 
section is amended to read as follows:</DELETED>
<DELETED>    ``(C) For any fiscal year, the level of funding allocated 
to the office shall be not less than $16,000,000 unless a lower level 
of funding is expressly required by law.''.</DELETED>

<DELETED>SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPENDENTS AGE 70 AND 
              OLDER.</DELETED>

<DELETED>    (a) In General.--(1) Chapter 53 of title 10, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 1060b. Military ID cards: dependents and survivors of 
              retirees; issuance of permanent ID card after attaining 
              70 years of age</DELETED>
<DELETED>    ``(a) Permanent ID Card After Age 70.--In issuing military 
ID cards to retiree dependents, the Secretary concerned shall issue a 
permanent ID card (not subject to renewal) to any such retiree 
dependent who has attained 70 years of age. Such a permanent ID card 
shall be issued upon the expiration, after the retiree dependent 
attains 70 years of age, of any earlier, renewable military ID card or, 
if earlier, upon the request of such a retiree dependent after 
attaining age 70.</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``1060b. Military ID cards: dependents and survivors of 
                            retirees; issuance of permanent ID card 
                            after attaining 70 years of age.''.
<DELETED>    (b) Effective Date.--Section 1060b of title 10, United 
States Code, as added by subsection (a), shall take effect on October 
1, 2004.</DELETED>

<DELETED>SEC. 584. AUTHORITY TO PROVIDE CIVILIAN CLOTHING TO MEMBERS 
              TRAVELING IN CONNECTION WITH MEDICAL 
              EVACUATION.</DELETED>

<DELETED>    (a) Authority.--Section 1047 of title 10, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``(b) Certain Enlisted Members.--
        '' before ``The Secretary''; and</DELETED>
        <DELETED>    (2) by inserting after the section heading the 
        following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Effective Date.--Subsection (a) of section 1047 of 
title 10, United States Code, as added by subsection (a) shall take 
effect on October 1, 2004.</DELETED>

<DELETED>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.</DELETED>

<DELETED>    (a) Operation Hero Miles.--Chapter 155 of title 10, United 
States Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 2613. Acceptance of frequent traveler miles, credits, 
              and tickets; use to facilitate rest and recuperation 
              travel of deployed members and their families</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Use of Donated Travel Benefits.--A travel benefit 
accepted under this section may be used only for the purpose of--
</DELETED>
        <DELETED>    ``(1) facilitating the travel of a member of the 
        armed forces who--</DELETED>
                <DELETED>    ``(A) is deployed on active duty away from 
                the permanent duty station of the member; and</DELETED>
                <DELETED>    ``(B) is granted, during such deployment, 
                rest and recuperative leave, emergency leave, 
                convalescent leave, or another form of leave authorized 
                for the member; or</DELETED>
        <DELETED>    ``(2) facilitating the travel of family members of 
        a member described in paragraph (1) in order to be reunited 
        with the member.</DELETED>
<DELETED>    ``(e) Administration.--The Secretary shall designate a 
single office in the Department of Defense to carry out this section. 
That office shall be responsible for developing rules and procedures to 
facilitate the acceptance and distribution of travel benefit under this 
section.</DELETED>
<DELETED>    ``(f) Status of Benefits Received.--A member of the armed 
forces, or a family member of a member of the armed forces, who 
receives a travel benefit under this section is deemed to recognize no 
income from the receipt or use of such benefit. A donors of a travel 
benefit under this section is deemed to obtain no tax benefit from such 
donation.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

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

<DELETED>SEC. 586. LIMITATION ON AMENDMENT OR CANCELLATION OF 
              DEPARTMENT OF DEFENSE DIRECTIVE RELATING TO REASONABLE 
              ACCESS TO MILITARY INSTALLATIONS FOR CERTAIN PERSONAL 
              COMMERCIAL SOLICITATION.</DELETED>

<DELETED>    An amendment to Department of Defense Directive 1344.7, 
``Personal Commercial Solicitation on DoD Installations'', or 
cancellation of that directive, shall not take effect until after the 
end of the one-year period beginning on the date on which a report 
containing the results of the investigation regarding insurance premium 
allotment processing, which is underway as of the date of the enactment 
of this Act, is submitted to the Committee on Armed Services and the 
Committee on Government Reform of the House of Representatives and the 
Committee on Armed Services and the Committee on Governmental Affairs 
of the Senate.</DELETED>

<DELETED>SEC. 587. ANNUAL IDENTIFICATION OF REASONS FOR DISCHARGES FROM 
              THE ARMED FORCES DURING PRECEDING FISCAL YEAR.</DELETED>

<DELETED>    Not later than January 1 each year, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on discharges from the Army, 
Navy, Air Force, and Marine Corps during the preceding fiscal year. 
Each such report shall show, in the aggregate and for each of those 
Armed Forces, the following:</DELETED>
        <DELETED>    (1) The total number of persons discharged during 
        the preceding fiscal year.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 588. AUTHORITY FOR FEDERAL RECOGNITION OF NATIONAL GUARD 
              COMMISSIONED OFFICERS APPOINTED FROM FORMER COAST GUARD 
              PERSONNEL.</DELETED>

<DELETED>    Section 305(a) of title 32, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``Army, Navy, Air Force, or Marine 
        Corps'' in paragraphs (2), (3), and (4) and inserting ``armed 
        forces''; and</DELETED>
        <DELETED>    (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''.</DELETED>

<DELETED>SEC. 589. STUDY OF BLENDED WING CONCEPT FOR THE AIR 
              FORCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 590. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF 
              DEPENDENTS OF CERTAIN MEMBERS DESPITE CHANGE IN STATUS OF 
              MEMBER.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) due to the deployment of both parents or legal 
        guardians of the child, the deployment of a parent or legal 
        guardian having sole custody of the child, or the death of a 
        military parent or legal guardian while on active duty (so long 
        as the child resides on Federal property (as defined in section 
        8013(5) of such Act (7 U.S.C. 7713(5))), is not eligible to be 
        so counted.</DELETED>
<DELETED>    (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.</DELETED>

              <DELETED>Subtitle J--Other Matters</DELETED>

<DELETED>SEC. 591. EMPLOYMENT PREFERENCES FOR SPOUSES OF CERTAIN 
              DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES SUBJECT TO 
              RELOCATION AGREEMENTS.</DELETED>

<DELETED>    (a) Spouses of Certain Civilian Employees.--(1) Section 
1784 of title 10, United States Code, is amended by adding at the end 
the following new subsection:</DELETED>
<DELETED>    ``(h) Inclusion of Spouses of Certain DOD Civilian 
Employees Subject to Relocation Agreements.--(1) For the purposes of 
this section, the spouse of a civilian employee described in paragraph 
(2) shall be considered to be the spouse of a member of the armed 
forces.</DELETED>
<DELETED>    ``(2) An employee described in this paragraph is a 
Department of Defense employee who, pursuant to a mandatory mobility 
agreement executed as a condition of employment or pursuant to another 
civilian mobility program of the Department of Defense, has had a 
change of permanent duty assignment (A) that was based on the needs of 
the Government, and (B) that required a relocation of the employee's 
residence.''.</DELETED>
<DELETED>    (b) Clerical Amendments.--(1) The heading of such section 
is amended to read as follows:</DELETED>
<DELETED>``Sec. 1784. Employment opportunities: military spouses; 
              certain Department of Defense civilian spouses subject to 
              relocation agreements''.</DELETED>
<DELETED>    (2) The item relating to such section in the table of 
sections at the beginning of subchapter I of chapter 88 of such title 
is amended to read as follows:</DELETED>

<DELETED>``1784. Employment opportunities: military spouses; certain 
                            Department of Defense civilian spouses 
                            subject to relocation agreements.''.
<DELETED>    (c) Effective Date.--Subsection (h) of section 1784 of 
title 10, United States Code, as added by subsection (a), shall apply 
only with respect to spouses of employees described in paragraph (2) of 
that subsection who relocate their residence as a result of a permanent 
duty assignment specified in that paragraph that is effective on or 
after the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 592. REPEAL OF REQUIREMENT TO CONDUCT ELECTRONIC VOTING 
              DEMONSTRATION PROJECT FOR THE FEDERAL ELECTION TO BE HELD 
              IN NOVEMBER 2004.</DELETED>

<DELETED>    Section 1604 of the National Defense Authorization Act for 
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1277; 42 U.S.C. 1977ff 
note) is repealed.</DELETED>

<DELETED>SEC. 593. EXAMINATION OF SEXUAL ASSAULT IN THE ARMED FORCES BY 
              THE DEFENSE TASK FORCE ESTABLISHED TO EXAMINE SEXUAL 
              HARASSMENT AND VIOLENCE AT THE MILITARY SERVICE 
              ACADEMIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Victim care and advocacy programs.</DELETED>
        <DELETED>    (2) Effective prevention.</DELETED>
        <DELETED>    (3) Collaboration among military investigative 
        organizations with responsibility or jurisdiction.</DELETED>
        <DELETED>    (4) Coordination between military and civilian 
        communities, including local support organizations.</DELETED>
        <DELETED>    (5) Reporting procedures, data collection, and 
        tracking.</DELETED>
        <DELETED>    (6) Oversight of sexual assault 
        programs.</DELETED>
        <DELETED>    (7) Military justice issues.</DELETED>
        <DELETED>    (8) Other issues identified by the task force 
        relating to sexual assault.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) The report shall include the following:</DELETED>
        <DELETED>    (A) A description of any barrier to implementation 
        of improvements as a result of previous efforts to address 
        sexual assault.</DELETED>
        <DELETED>    (B) Other areas of concern not previously 
        addressed in prior reports</DELETED>
        <DELETED>    (C) The findings and conclusions of the task 
        force.</DELETED>
        <DELETED>    (D) Any recommendations for changes to policy and 
        law that the task force considers appropriate.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 594. RENEWAL OF PILOT PROGRAM FOR TREATING GED AND HOME 
              SCHOOL DIPLOMA RECIPIENTS AS HIGH SCHOOL GRADUATES FOR 
              DETERMINATIONS OF ELIGIBILITY FOR ENLISTMENT.</DELETED>

<DELETED>    Section 571(e) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (10 U.S.C. 520 note) is amended 
to read as follows:</DELETED>
<DELETED>    ``(e) Duration of Pilot Program.--The pilot program shall 
be in effect during the period beginning on October 1, 2004, and ending 
on September 30, 2005.''.</DELETED>

<DELETED>SEC. 595. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
              BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND 
              DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.</DELETED>

<DELETED>    (a) Continuation of Department of Defense Program for 
Fiscal Year 2005.--Of the amount authorized to be appropriated pursuant 
to section 301(5) for operation and maintenance for Defense-wide 
activities, $50,000,000 shall be available only for the purpose of 
providing educational agencies assistance to local educational 
agencies.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) that agency's eligibility for the assistance; 
        and</DELETED>
        <DELETED>    (2) the amount of the assistance for which that 
        agency is eligible.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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)).</DELETED>

<DELETED>SEC. 596. SENIOR RESERVE OFFICER TRAINING CORPS AND RECRUITER 
              ACCESS AT INSTITUTIONS OF HIGHER EDUCATION.</DELETED>

<DELETED>    (a) Certification of Compliance With ROTC Access 
Provisions.--Subsection (a) of section 983 of title 10, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' before ``No 
        funds'';</DELETED>
        <DELETED>    (2) by striking ``prevents--'' and inserting 
        ``prevents, either (or both) of the following:'';</DELETED>
        <DELETED>    (3) by striking ``(1) the'' and inserting ``(A) 
        The'';</DELETED>
        <DELETED>    (4) by striking ``; or'' and inserting a 
        period;</DELETED>
        <DELETED>    (5) by striking ``(2) a'' and inserting ``(B) A''; 
        and</DELETED>
        <DELETED>    (6) by adding at the end the following:</DELETED>
<DELETED>    ``(2)(A) Not later than 180 days after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2005 and annually thereafter, the Secretary of Defense shall request 
from each institution of higher education that has students 
participating in a Senior Reserve Officer Training Corps program during 
the then-current academic year of that institution a certification that 
such institution, during the next academic year of the institution, 
will--</DELETED>
        <DELETED>    ``(i) permit the Secretary of each military 
        department to maintain a unit of the Senior Officer Training 
        Corps (in accordance with subsection (a)) at that institution 
        (or any subelement of that institution), should such Secretary 
        elect to maintain such a unit; and</DELETED>
        <DELETED>    ``(ii) if the Secretary of the military department 
        concerned elects not to establish or maintain a unit of the 
        Senior Reserve Officer Training Corps at that institution, 
        permit a student of that institution (or any subelement of that 
        institution) to enroll in a unit of the Senior Reserve Officer 
        Training Corps at another institution of higher 
        education.</DELETED>
<DELETED>    ``(B) Any certification under subparagraph (A) shall be 
made by the president of the institution (or equivalent highest ranking 
administrative official) and shall be submitted to the Secretary of 
Defense no later than 90 days after receipt of the request from the 
Secretary.</DELETED>
<DELETED>    ``(C) In the case of any institution from which a 
certification is requested under subparagraph (A), if the Secretary of 
Defense does not receive a certification in accordance with 
subparagraph (B), or if the certification does not state that the 
university will comply with both clauses (i) and (ii) of subparagraph 
(A) during its next academic year, the Secretary shall make a 
determination under paragraph (1) as to whether the institution has a 
policy or practice described in that paragraph.''.</DELETED>
<DELETED>    (b) Equal Treatment of Military Recruiters With Other 
Recruiters.--Subsection (b)(1) of such section is amended--</DELETED>
        <DELETED>    (1) by striking ``entry to campuses'' and 
        inserting ``access to campuses''; and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (c) Prohibition of Funding for Post-secondary Schools That 
Prevent ROTC Access or Military Recruiting.--(1) Subsection (d) of such 
section is amended--</DELETED>
        <DELETED>    (A) in paragraph (1)--</DELETED>
                <DELETED>    (i) by striking ``limitation established 
                in subsection (a) applies'' and inserting ``limitations 
                established in subsections (a) and (b) 
                apply'';</DELETED>
                <DELETED>    (ii) in subparagraph (B), by inserting 
                ``for any department or agency for which regular 
                appropriations are made'' after ``made available''; 
                and</DELETED>
                <DELETED>    (iii) by adding at the end the following 
                new subparagraphs:</DELETED>
        <DELETED>    ``(C) Any funds made available for the Department 
        of Homeland Security.</DELETED>
        <DELETED>    ``(D) Any funds made available for the National 
        Nuclear Security Administration of the Department of 
        Energy.</DELETED>
        <DELETED>    ``(E) Any funds made available for the Department 
        of Transportation.</DELETED>
        <DELETED>    ``(F) Any funds made available for the Central 
        Intelligence Agency.''; and</DELETED>
        <DELETED>    (B) by striking paragraph (2).</DELETED>
<DELETED>    (2)(A) Subsection (b) of such section is amended by 
striking ``subsection (d)(2)'' and inserting ``subsection 
(d)(1)''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (d) Codification and Extension of Exclusion Of Amounts to 
Cover Individual Payments.--Subsection (d) of such section, as amended 
by subsection (c)(1), is further amended--</DELETED>
        <DELETED>    (1) by striking ``The'' after ``(1)'' and 
        inserting ``Except as provided in paragraph (2), the''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (e) Conforming Amendments.--Subsections (a) and (b) of 
such section are amended by striking ``(including a grant of funds to 
be available for student aid)''.</DELETED>
<DELETED>    (f) Conforming Repeal of Codified Provision.--Section 8120 
of the Department of Defense Appropriations Act, 2000 (Public Law 106-
79; 10 U.S.C. 983 note), is repealed</DELETED>
<DELETED>    (g) Effective Date.--The amendments made by this section 
shall apply with respect to funds appropriated for fiscal year 2005 and 
thereafter.</DELETED>

<DELETED>SEC. 597. REPORTS ON TRANSFORMATION MILESTONES.</DELETED>

<DELETED>    (a) Military to Civilian Conversions.--Not later than 
January 31, 2005, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report providing information as to the number of positions in the 
Department of Defense converted during the previous fiscal year from 
performance by military personnel to performance by civilian personnel. 
The report shall include--</DELETED>
        <DELETED>    (1) a description of the skill set of the 
        positions converted;</DELETED>
        <DELETED>    (2) specification of the total cost of such 
        conversions and how that cost is being paid for; and</DELETED>
        <DELETED>    (3) the number of positions in the Department of 
        Defense projected for such conversion during the period from 
        March 1, 2005, to January 31, 2006.</DELETED>
<DELETED>    (b) Civilian Skills Corps Feasibility Study.--(1) The 
Secretary of Defense shall conduct an Armed Forces-wide study of how a 
system to embed certain civilian expertise skill sets within the 
military on a temporary basis could be implemented. The study shall 
include consideration of all skills sets in which, as determined by the 
Secretary of Defense, there is a significant shortfall within the Armed 
Forces or which are high value, but of uncertain need. The study shall 
examine the feasibility of implementing a personnel system that expands 
the capability of the Armed Forces to rapidly access civilian 
volunteers with needed expertise outside of the reserve 
components.</DELETED>
<DELETED>    (2) The Secretary shall submit to the congressional 
defense committees a report on the results of the study under paragraph 
(1) not later than March 31, 2005.</DELETED>
<DELETED>    (c) Military-to-Military Conversions.--Not later than 
March 31 of each of 2005, 2006, and 2007, the Secretary of Defense 
shall submit to the congressional defense committees a report on the 
milestones within the multiyear transformation for internal military-
to-military transitions. Each such report shall include--</DELETED>
        <DELETED>    (1) the number of units and personnel transferred 
        and retrained within the previous fiscal year and what their 
        new unit designations are; and</DELETED>
        <DELETED>    (2) a description of the transformation goals for 
        the upcoming fiscal year and whether the previous years goals 
        were met and why or why not.</DELETED>
<DELETED>    (d) Transformation to Brigade Structure for the Army.--No 
later than March 31 of each year, the Secretary of Defense shall submit 
to the congressional defense committees a report on the status of the 
internal transformation of the Army from a division-orientated system 
to a brigade-orientated one. Such a report shall be submitted for each 
year until the Secretary of the Army certifies to those committees that 
the transformation of the Army to brigade level units has been 
completed.</DELETED>

<DELETED>SEC. 598. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON 
              PREVENTION AND RESPONSE TO SEXUAL ASSAULTS INVOLVING 
              MEMBERS OF THE ARMED FORCES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) Elements of Comprehensive Policy.--The policy 
developed under subsection (a) shall address the following 
matters:</DELETED>
        <DELETED>    (1) Prevention measures.</DELETED>
        <DELETED>    (2) Education and training on prevention and 
        response.</DELETED>
        <DELETED>    (3) Investigation of complaints by command and law 
        enforcement personnel.</DELETED>
        <DELETED>    (4) Medical treatment of victims.</DELETED>
        <DELETED>    (5) Confidential reporting of incidents.</DELETED>
        <DELETED>    (6) Victim advocacy and intervention.</DELETED>
        <DELETED>    (7) Oversight by commanders of administrative and 
        disciplinary actions in response to substantiated incidents of 
        sexual assault.</DELETED>
        <DELETED>    (8) Disposition of victims of sexual assault, 
        including review by appropriate authority of administrative 
        separation actions involving victims of sexual 
        assault.</DELETED>
        <DELETED>    (9) Disposition of members of the Armed Forces 
        accused of sexual assault.</DELETED>
        <DELETED>    (10) Liaison and collaboration with civilian 
        agencies on the provision of services to victims of sexual 
        assault.</DELETED>
        <DELETED>    (11) Uniform collection of data on the incidence 
        of sexual assaults and on disciplinary actions taken in 
        substantiated cases of sexual assault.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Application of Comprehensive Policy To Military 
Departments.--The Secretary shall ensure that, to the maximum extent 
practicable, the policy developed under subsection (a) is implemented 
uniformly by the military departments.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (A) to conform such policies and procedures to the 
        policy developed under subsection (a); and</DELETED>
        <DELETED>    (B) to ensure that such policies and procedures 
        include the elements specified in paragraph (2).</DELETED>
<DELETED>    (2) The elements specified in this paragraph are as 
follows:</DELETED>
        <DELETED>    (A) A program to promote awareness of the 
        incidence of sexual assaults involving members of the Armed 
        Forces.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (i) specification of the person or persons 
                to whom the alleged offense should be 
                reported;</DELETED>
                <DELETED>    (ii) specification of any other person 
                whom the victim should contact;</DELETED>
                <DELETED>    (iii) procedures for the preservation of 
                evidence; and</DELETED>
                <DELETED>    (iv) procedures for confidential reporting 
                and for contacting victim advocates.</DELETED>
        <DELETED>    (D) Procedures for disciplinary action in cases of 
        sexual assault by members of the Armed Force 
        concerned.</DELETED>
        <DELETED>    (E) Other sanctions authorized to be imposed in 
        substantiated cases of sexual assault, whether forcible or 
        nonforcible, by members of the Armed Force concerned.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (G) Any other matters that the Secretary of 
        Defense considers appropriate.</DELETED>
<DELETED>    (f) Annual Assessment of Policies and Procedures.--Not 
later than January 15, 2006, and each year thereafter, each Secretary 
of a military department shall conduct an assessment of the 
implementation during the preceding fiscal year of the policies and 
procedures of such department on the prevention of and response to 
sexual assaults involving members of the Armed Forces in order to 
determine the effectiveness of such policies and procedures during such 
fiscal year in providing an appropriate response to such sexual 
assaults.</DELETED>
<DELETED>    (g) Annual Reports.--(1) Not later than April 1, 2005, and 
January 15 of each year thereafter, each Secretary of a military 
department shall submit to the Secretary of Defense a report on the 
sexual assaults involving members of the Armed Force concerned during 
the preceding year.</DELETED>
<DELETED>    (2) Each report on an Armed Force under paragraph (1) 
shall contain the following:</DELETED>
        <DELETED>    (A) The number of sexual assaults against members 
        of the Armed Force, and the number of sexual assaults by 
        members of the Armed Force, that were reported to military 
        officials during the year covered by such report, and the 
        number of the cases so reported cases that were 
        substantiated.</DELETED>
        <DELETED>    (B) A synopsis of and the disciplinary action 
        taken in each substantiated case.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (3) Each report under paragraph (1) in 2006, 2007, and 
2008 shall also include the assessment conducted by the Secretary 
concerned under subsection (f).</DELETED>
<DELETED>    (4) The Secretary of Defense shall transmit to the 
Committees on Armed Services of the Senate and the House of 
Representatives each report submitted to the Secretary under this 
subsection, together with the comments of the Secretary on each such 
report. The Secretary shall transmit the report on 2004 not later than 
May 1, 2005, and shall transmit the report on any year after 2004 not 
later than March 15 of the year following such year.</DELETED>
<DELETED>    (h) Requirement to Develop Definition of Sexual Assault.--
Prior to developing policies and programs on the prevention of and 
response to sexual assaults, the Department of Defense, in consultation 
with the Service Secretaries, shall develop a definition of sexual 
assault that is uniform for all the Armed Forces, including but not 
limited to rape, acquaintance rape, sexual assault, and other criminal 
offenses.</DELETED>

<DELETED>SEC. 599. AUTHORITY FOR REMOVAL OF REMAINS OF CERTAIN PERSONS 
              INTERRED IN UNITED STATES MILITARY CEMETERIES 
              OVERSEAS.</DELETED>

<DELETED>    (a) Removal and Transportation of Remains.--Upon receipt 
from a qualifying survivor of an application with respect to a person 
interred in a United States overseas military cemetery, the Secretary 
of Defense may, upon approval of such application, provide for--
</DELETED>
        <DELETED>    (1) the removal of the remains of that person from 
        the cemetery in which interred; and</DELETED>
        <DELETED>    (2) transportation of such remains to a location 
        in the United States selected by such qualifying 
        survivor.</DELETED>
<DELETED>    (b) Requirement for Approval of Applications.--(1) An 
application under this section may be approved only if the application 
presents sufficient evidence that, at the time of the initial 
disposition decision (as defined in paragraph (2)), there was a 
misunderstanding or error related to that disposition decision that the 
Secretary finds warrants approval of the application.</DELETED>
<DELETED>    (2) In paragraph (1), 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 person with respect to 
whom the application is submitted, 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).</DELETED>
<DELETED>    (c) ABMC Assistance.--The American Battle Monuments 
Commission shall provide the Secretary of Defense with such assistance 
as the Secretary may require in carrying out this section with respect 
to cemeteries under the jurisdiction of the Commission.</DELETED>
<DELETED>    (d) Time for Application.--An application under subsection 
(a) must be submitted to the Secretary of Defense not later than the 
end of the two-year period beginning on the date of the enactment of 
this Act.</DELETED>
<DELETED>    (e) No Expenditure of Federal Funds.--No costs associated 
with the removal and transportation of remains provided for under 
subsection (a) may be paid by the United States.</DELETED>
<DELETED>    (f) Definitions.--For purposes of this section:</DELETED>
        <DELETED>    (1) United states overseas military cemetery.--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.</DELETED>
        <DELETED>    (2) Qualifying survivors.--The term ``qualifying 
        survivor'' means the following, in the order 
        specified.</DELETED>
                <DELETED>    (A) The surviving spouse.</DELETED>
                <DELETED>    (B) All surviving children (including 
                adoptive children), acting concurrently.</DELETED>
                <DELETED>    (C) A birth parent or, if both survive, 
                both birth parents, acting concurrently.</DELETED>

 <DELETED>TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS</DELETED>

           <DELETED>Subtitle A--Pay and Allowances</DELETED>

<DELETED>SECTION 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 
              2005.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 602. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC 
              ALLOWANCE FOR HOUSING.</DELETED>

<DELETED>    Section 403(d) of title 37, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``is entitled 
        to'' and inserting ``may be paid''; and</DELETED>
        <DELETED>    (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.''</DELETED>

<DELETED>SEC. 603. GEOGRAPHIC BASIS FOR BASIC ALLOWANCE FOR HOUSING 
              DURING SHORT CHANGES OF STATION FOR PROFESSIONAL MILITARY 
              EDUCATION OR TRAINING.</DELETED>

<DELETED>    Section 403(d)(3) of title 37, United States Code, is 
amended by adding at the end the following new subparagraph:</DELETED>
        <DELETED>    ``(C) If the member is reassigned for a permanent 
        change of station or permanent change of assignment from a duty 
        station in the continental United States to another duty 
        station in the continental United States for a period of not 
        more than one year for the purpose of participating in 
        professional military education or training classes, the 
        Secretary concerned may base the amount of the basic allowance 
        for housing for the member on the duty station to which the 
        member is reassigned or the area in which the dependents 
        reside, whichever the Secretary concerned determines to be most 
        equitable.''.</DELETED>

<DELETED>SEC. 604. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL 
              NONRECURRING EXPENSES INCURRED BY MEMBERS SERVING OUTSIDE 
              CONTINENTAL UNITED STATES.</DELETED>

<DELETED>    (a) Eligibility for Reimbursement.--Section 405 of title 
37, United States Code, is amended by adding at the end the following 
new subsection:</DELETED>
<DELETED>    ``(d) Lump-Sum Reimbursement for Nonrecurring Expenses.--
In addition to providing a per diem under this section, the Secretary 
concerned may reimburse a member for actual expenses of a nonrecurring 
nature that the member incurs incident to serving on duty outside of 
the continental United States. The types of expenses for which 
reimbursement may be provided under this paragraph shall be limited to 
those expenses directly related to the conditions or location of the 
duty outside of the continental United States and either of a nature or 
a magnitude not normally incurred by members assigned to duty inside 
the continental United States. In determining the per diem to be paid 
under this section, the Secretary concerned shall not consider expenses 
for which reimbursement is provided under this paragraph.''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (2) The heading of such section is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 405. Travel and transportation allowances: per diem 
              while on duty outside the continental United 
              States''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 605. INCOME REPLACEMENT PAYMENTS FOR RESERVES 
              EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR 
              ACTIVE DUTY SERVICE.</DELETED>

<DELETED>    (a) In General.--(1) Chapter 19 of title 37, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 910. Replacement of lost income: involuntarily 
              mobilized reserve component members subject to extended 
              and frequent active duty service</DELETED>
<DELETED>    ``(a) Payment Required.--The Secretary concerned shall pay 
to an eligible member of a reserve component of the armed forces an 
amount equal to the monthly active-duty income differential of the 
member, as determined by the Secretary. The payments shall be made on a 
monthly basis.</DELETED>
<DELETED>    ``(b) Eligibility.--Subject to subsection (c), a reserve 
component member is entitled to a payment under this section for any 
full month of active duty of the member, while on active duty under an 
involuntary mobilization order, following the date on which the 
member--</DELETED>
        <DELETED>    ``(1) completes 12 continuous months of service on 
        active duty under such an order;</DELETED>
        <DELETED>    ``(2) completes 18 months on active duty during 
        the previous 60 months under such an order; or</DELETED>
        <DELETED>    ``(3) is involuntarily mobilized for service on 
        active duty six months or less following the member's 
        separation from the member's previous period of active 
        duty.</DELETED>
<DELETED>    ``(c) Minimum and Maximum Payment Amounts.--(1) A payment 
under this section shall be made to a member for a month only if the 
amount of the monthly active-duty income differential for the month is 
greater than $50.</DELETED>
<DELETED>    ``(2) Notwithstanding the amount determined under 
subsection (d) for a member for a month, the monthly payment to a 
member under this section may not exceed $3,000.</DELETED>
<DELETED>    ``(d) Monthly Active-Duty Income Differential.--For 
purposes of this section, the monthly active-duty income differential 
of a member is the difference between--</DELETED>
        <DELETED>    ``(1) the average monthly civilian income of the 
        member; and</DELETED>
        <DELETED>    ``(2) the member's total monthly military 
        compensation.</DELETED>
<DELETED>    ``(e) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) The term `average monthly civilian income', 
        with respect to a member of a reserve component, means the 
        amount, determined by the Secretary concerned, of the earned 
        income of the member for either the 12 months preceding the 
        member's mobilization or the 12 months covered by the member's 
        most recent Federal income tax filing, divided by 12.</DELETED>
        <DELETED>    ``(2) The term `total monthly military 
        compensation' means the amount, computed on a monthly basis, of 
        the sum of--</DELETED>
                <DELETED>    ``(A) the amount of the regular military 
                compensation (RMC) of the member; and</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``910. Replacement of lost income: involuntarily mobilized 
                            reserve component members subject to 
                            extended and frequent active duty 
                            service.''.
<DELETED>    (b) Effective Date.--Section 910 of title 37, United 
States Code, as added by subsection (a), shall apply for months after 
December 2004.</DELETED>

<DELETED>SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED IN COMBAT 
              ZONES TO RECEIVE LIMITED ADVANCES ON THEIR FUTURE BASIC 
              PAY.</DELETED>

<DELETED>    (a) Advancement of Basic Pay.--(1) Chapter 3 of title 37, 
United States Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 212. Advancement of basic pay: members deployed in 
              combat zones for more than one year</DELETED>
<DELETED>    ``(a) Eligibility; Amount Advanced.--(1) If a member of 
the armed forces is assigned to duty in an area for which special pay 
under section 310 of this title is available and the assignment is 
pursuant to orders specifying an assignment of one year or more (or the 
assignment is otherwise extended beyond one year), the member may 
request, during the period of the assignment, the advanced payment of 
not more than three months of the basic pay of the member.</DELETED>
<DELETED>    ``(2) A request by a member described in paragraph (1) for 
the advanced payment of a single month of basic pay shall be granted. 
The Secretary concerned may grant a request for a second or third month 
of advanced basic pay during the assignment for the member upon a 
showing of financial hardship.</DELETED>
<DELETED>    ``(b) Recoupment of Advanced Pay.--The Secretary concerned 
shall recoup an advance made on the basic pay of a member under this 
section in equal installments over a one-year period beginning as 
provided in subsection (c). If the member is serving on active duty for 
any month during the recoupment period, the amount of the installment 
for the month shall be deducted from the basic pay of the member for 
that month. The estate of a deceased member shall not be required to 
repay an advance made to the member under this section.</DELETED>
<DELETED>    ``(c) Commencement of Recoupment.--(1) Except as provided 
in paragraph (2), the recoupment of basic pay advanced to a member 
under this section shall commence beginning with the first month that 
begins after the end of the assignment of the member to duty in an area 
for which special pay under section 310 of this title is 
available</DELETED>
<DELETED>    ``(2) A member of a reserve component who receives an 
advancement of basic pay under this section shall commence repayment of 
the advance beginning with the first month that begins after the the 
advanced pay is received.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``212. Advancement of basic pay: members deployed in combat 
                            zones for more than one year.''.
<DELETED>    (b) Effective Date.--Section 212 of title 37, United 
States Code, as added by subsection (a), shall take effect October 1, 
2004.</DELETED>

 <DELETED>Subtitle B--Bonuses and Special and Incentive Pays</DELETED>

<DELETED>SEC. 611. ONE-YEAR EXTENSION OF BONUS AND SPECIAL PAY 
              AUTHORITIES.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (c) Aviation Officer Retention Bonus.--Section 301b(a) of 
title 37, United States Code, is amended by striking ``December 31, 
2004'' and inserting ``December 31, 2005''.</DELETED>
<DELETED>    (d) Accession Bonus for Registered Nurses.--Section 
302d(a)(1) of such title is amended by striking ``December 31, 2004'' 
and inserting ``December 31, 2005''.</DELETED>
<DELETED>    (e) Incentive Special Pay for Nurse Anesthetists.--Section 
302e(a)(1) of such title is amended by striking ``December 31, 2004'' 
and inserting ``December 31, 2005''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (h) Reenlistment Bonus for Active and Reserve Members.--
Section 308(g) of such title is amended by striking ``December 31, 
2004'' and inserting ``December 31, 2005''.</DELETED>
<DELETED>    (i) Enlistment Bonus for Active and Reserve Members.--
Section 309(e) of such title is amended by striking ``December 31, 
2004'' and inserting ``December 31, 2005''.</DELETED>
<DELETED>    (j) Special Pay for Nuclear-Qualified Officers Extending 
Period of Active Service.--Section 312(e) of such title is amended by 
striking ``December 31, 2004'' and inserting ``December 31, 
2005''.</DELETED>
<DELETED>    (k) Nuclear Career Accession Bonus.--Section 312b(c) of 
such title is amended by striking ``December 31, 2004'' and inserting 
``December 31, 2005''.</DELETED>
<DELETED>    (l) Nuclear Career Annual Incentive Bonus.--Section 
312c(d) of such title is amended by striking ``December 31, 2004'' and 
inserting ``December 31, 2005''.</DELETED>
<DELETED>    (m) Retention Bonus for Members Who Have Critical Military 
Skills or Meet Other Criteria.--Section 323(i) of such title is amended 
by striking ``December 31, 2004'' and inserting ``December 31, 
2005''.</DELETED>
<DELETED>    (n) Accession or Affiliation Bonus for New Officers in 
Critical Skills.--Section 324(g) of such title is amended by striking 
``December 31, 2004'' and inserting ``December 31, 2005''.</DELETED>

<DELETED>SEC. 612. REDUCTION IN REQUIRED SERVICE COMMITMENT TO RECEIVE 
              ACCESSION BONUS FOR REGISTERED NURSES.</DELETED>

<DELETED>    (a) Reduction.--Section 302d(a)(1) of title 37, United 
States Code, is amended by striking ``four years'' and inserting 
``three years''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect October 1, 2004, and apply with respect to written 
agreements referred to in section 302d(a)(1) of title 37, United States 
Code, entered into on or after that date.</DELETED>

<DELETED>SEC. 613. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR 
              HARDSHIP DUTY PAY.</DELETED>

<DELETED>    (a) Increase.--Section 305(a) of title 37, United States 
Code, is amended by striking ``$300'' and inserting ``$750''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect October 1, 2004.</DELETED>

<DELETED>SEC. 614. TERMINATION OF ASSIGNMENT INCENTIVE PAY FOR MEMBERS 
              PLACED ON TERMINAL LEAVE.</DELETED>

<DELETED>    (a) Termination.--Subsection (e) of section 307a of title 
37, United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(e) Status not Affected by Temporary Duty or Leave.--The 
service of a member in an assignment referred to in subsection (a) 
shall not be considered discontinued during any period that the member 
is not performing service in the assignment by reason of --</DELETED>
        <DELETED>    ``(1) the performance by the member of temporary 
        duty pursuant to orders; or</DELETED>
        <DELETED>    ``(2) the absence of the member for authorized 
        leave, unless the member is placed on terminal leave and will 
        not be returning to the assignment.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to agreements under section 307a(b) of title 
37, United States Code, entered into on or after the date of the 
enactment of this Act.</DELETED>

<DELETED>SEC. 615. CONSOLIDATION OF REENLISTMENT AND ENLISTMENT BONUS 
              AUTHORITIES FOR REGULAR AND RESERVE COMPONENTS.</DELETED>

<DELETED>    (a) Consolidated Reenlistment Bonus Authority; Eligibility 
Criteria.--(1) Paragraph (1) of subsection (a) of section 308 of title 
37, United States Code, is amended--</DELETED>
        <DELETED>    (A) by striking the matter preceding subparagraph 
        (A) and inserting ``The Secretary concerned may pay a bonus 
        under paragraph (2) to a member of the armed forces serving in 
        a regular component or reserve component of the armed force if 
        the member--'';</DELETED>
        <DELETED>    (B) by striking subparagraph (A) and inserting the 
        following new subparagraph:</DELETED>
        <DELETED>    ``(A) has completed at least 17 months of service 
        in a regular or reserve component of the armed forces, but not 
        more than 18 years of total military service;''; and</DELETED>
        <DELETED>    (C) by striking subparagraph (D) and all that 
        follows through the period at the end of such paragraph and 
        inserting the following:</DELETED>
        <DELETED>    ``(D) reenlists or voluntarily extends the 
        member's enlistment for a period of at least three years in a 
        regular component or reserve component of the armed 
        forces.''.</DELETED>
<DELETED>    (2) Paragraph (3) of such subsection is amended by 
striking ``16 years'' and inserting ``20 years''.</DELETED>
<DELETED>    (3) Paragraph (5) of such subsection is amended to read as 
follows:</DELETED>
<DELETED>    ``(5) The Secretary of Defense, and the Secretary of 
Homeland Security with respect to the Coast Guard when it is not 
operating as a service in the Navy, may waive all or part of the 
eligibility requirements specified in paragraph (1) in time of war or 
national emergency.''.</DELETED>
<DELETED>    (4) Subsection (b) of such section is amended--</DELETED>
        <DELETED>    (A) by inserting ``(1)'' after ``(b)''; 
        and</DELETED>
        <DELETED>    (B) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(2) Notwithstanding the schedule established for making 
partial bonus payments under paragraph (1), a member of a reserve 
component entitled to a bonus under this section who is called or 
ordered to active duty shall be paid, during that period of active 
duty, any amount of the bonus that becomes payable to the member during 
that period of active duty.''.</DELETED>
<DELETED>    (5) Subsection (g) of such section is amended by striking 
``an active-duty reenlistment'' and inserting ``a 
reenlistment''.</DELETED>
<DELETED>    (b) Consolidated Enlistment Bonus Authority.--Section 
309(a) of such title is amended--</DELETED>
        <DELETED>    (1) by striking the first sentence and inserting 
        the following: ``(1) The Secretary concerned may pay a bonus 
        this section to a person who enlists in a regular component or 
        reserve component of the armed forces for a period of at least 
        two years.''; and</DELETED>
        <DELETED>    (2) by inserting after the first sentence, as so 
        amended, the following new paragraph:</DELETED>
<DELETED>    ``(2) The amount of a bonus under this section may not 
exceed $20,000.''.</DELETED>
<DELETED>    (c) Repeal of Separate Reenlistment and Enlistment Bonus 
Authority for Reserve Components.--(1) Sections 308b, 308c, 308g, 308h, 
and 308i of such title are repealed.</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 5 of 
such title is amended by striking the items relating to sections 308b, 
308c, 308h, and 308i.</DELETED>
<DELETED>    (d) Effective Date.----(1) Except as provided by 
paragraphs (2) and (3), the amendments made by this section shall take 
effect October 1, 2004, and the amendments made by subsections (a) and 
(b) shall apply to reenlistments, the voluntary extension of 
enlistments, and enlistments referred to in section 308(a)(1) or 309(a) 
of title 37, United States Code, entered into on or after that 
date.</DELETED>
<DELETED>    (2) The amendments made by subsection (c) shall take 
effect December 31, 2004, except that the repeal of section 308g of 
title 37, United States Code, shall take effect on the date of the 
enactment of this Act.</DELETED>
<DELETED>    (3) In the case of a member of the Armed Forces who, on or 
before December 31, 2004, reenlisted, voluntarily extended the 
enlistment of the member, or enlisted in a reserve component of the 
Armed Forces, section 308b, 308c, 308h, or 308i of title 37, United 
States Code, whichever applies to the member, and as in effect on 
December 31, 2004, shall continue to apply with respect to the payment 
of a bonus under such section to the member.</DELETED>
<DELETED>    (e) Limitation on Fiscal Year 2005 Obligations.--During 
fiscal year 2005, obligations incurred under sections 308 and 309 of 
title 37, United States Code, to provide reenlistment and enlistment 
bonuses to members of the uniformed services using the expanded 
authority provided by the amendments made by subsections (a) and (b) 
may not exceed $20,000,000. The bonus authority available under such 
sections shall not be considered to be an expanded authority to the 
extent that the authority was available under a provision of law 
specified in subsection (c), before the repeal of the provision by such 
subsection.</DELETED>

<DELETED>SEC. 616. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE 
              PROFICIENCY PAY.</DELETED>

<DELETED>    (a) In General.--(1) Section 316 of title 37, United 
States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 316. Special pay: bonus for members with foreign 
              language proficiency</DELETED>
<DELETED>    ``(a) Bonus Authorized.--The Secretary concerned may pay 
an annual bonus under this section to a member of the uniformed 
services who--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) received training, under regulations 
        prescribed by the Secretary concerned, designed to develop a 
        proficiency in such a foreign language;</DELETED>
        <DELETED>    ``(3) is assigned to duties requiring a 
        proficiency in such a foreign language; or</DELETED>
        <DELETED>    ``(4) is proficient in a foreign language for 
        which the uniformed service may have a critical need, as 
        determined by the Secretary concerned.</DELETED>
<DELETED>    ``(b) Certification of Proficiency.--Except as provided in 
subsection (e), for a member described in subsection (a) to be eligible 
to receive or retain a bonus under this section, the Secretary 
concerned shall certify the member as being proficient in the foreign 
language for which bonus is offered.</DELETED>
<DELETED>    ``(c) Duration of Certification.--Except as provided in 
subsection (e), the certification of a member as being proficient in a 
foreign language for purposes of receipt of a bonus under this section 
shall expire at the end of the 12-month period beginning on the first 
day of the first month beginning on or after the certification 
date.</DELETED>
<DELETED>    ``(d) Bonus Amount; Payment Method.--The maximum amount of 
the bonus paid under this section to a member may not exceed $12,000 
for the 12-month period covered by the certification of the member. The 
Secretary concerned may pay the bonus in a single lump sum at the 
beginning of the certification period or in installments.</DELETED>
<DELETED>    ``(e) Certification Interrupted by Contingency 
Operation.--(1) The Secretary concerned may waive the certification 
requirement under subsection (b) and pay a bonus under this section to 
a member described in subsection (a) who was previously certified in a 
foreign language, but whose certification expired under subsection (c), 
if--</DELETED>
        <DELETED>    ``(A) the member is assigned to duty in connection 
        with a contingency operation; and</DELETED>
        <DELETED>    ``(B) the Secretary concerned determines that the 
        member is unable to schedule or complete the certification 
        required by subsection (b) because of that 
        assignment.</DELETED>
<DELETED>    ``(2) For purposes of determining the amount of a bonus to 
be paid to a member under the authority of this subsection, the 
Secretary concerned shall treat the date on which the member was 
assigned to duty in connection with the contingency operation as 
equivalent to a certification date. In the case of a member whose 
certification expires during such duty assignment, the Secretary shall 
commence the next 12-month period effective as of the date on which the 
prior certification period expired.</DELETED>
<DELETED>    ``(3) A member who receives a bonus under the authority of 
this subsection shall complete the certification required by subsection 
(b) for the foreign language for which the bonus was paid not later 
than the end of the 180-day period beginning on the date on which the 
member is released from the assignment in connection with the 
contingency operation. The Secretary concerned may extend that period 
for a member in accordance with regulations prescribed under subsection 
(h). If the member fails to obtain the required certification before 
the end of the authorized period, the Secretary concerned may require 
the member to repay all or a portion of the bonus, in the manner 
provided in subsection (g).</DELETED>
<DELETED>    ``(f) Relationship to Other Pay or Allowance.--A bonus 
under this section is in addition to any other pay or allowance payable 
to a member under any other provision of law.</DELETED>
<DELETED>    ``(g) Repayment of Bonus.--(1) The Secretary concerned may 
require a member who receives a bonus under this section, but who does 
not satisfy an eligibility requirement specified in subsection (a) for 
the entire certification period, to repay to the United States an 
amount which bears the same ratio to the total amount of the bonus paid 
to the member as the unsatisfied portion of the certification period 
bears to the entire certification period.</DELETED>
<DELETED>    ``(2) An obligation to repay the United States imposed 
under paragraph (1) is for all purposes a debt owed to the United 
States. A discharge in bankruptcy under title 11 that is entered for 
the member less than five years after the expiration of the 
certification period does not discharge the member from a debt arising 
under this paragraph. This paragraph applies to any case commenced 
under title 11 after the date of the enactment of this 
section.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``316. Special pay: bonus for members with foreign language 
                            proficiency.''.
<DELETED>    (b) Conforming Amendments.--(1) Section 316a of title 37, 
United States Code, is repealed.</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 5 of 
such title is amended by striking the item relating to section 
316a.</DELETED>

<DELETED>SEC. 617. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR 
              CRITICAL SKILLS RETENTION BONUS AND EXPANSION OF 
              AUTHORITY TO PROVIDE BONUS.</DELETED>

<DELETED>    (a) Inclusion of Reserve Component Members.--Section 323 
of title 37, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``who is serving on active duty and'' by 
                inserting ``who is serving on active duty in a regular 
                component or in an active status in a reserve component 
                and who''; and</DELETED>
                <DELETED>    (B) in paragraph (1), by inserting ``, or 
                remain in an active status in a reserve component,'' 
                after ``remain on active duty'';</DELETED>
        <DELETED>    (2) in subsection (e)(2), by inserting ``or 
        service in a reserve component'' after ``period of active 
        duty''; and</DELETED>
        <DELETED>    (3) in subsection (g), by striking ``active duty'' 
        and inserting ``service''.</DELETED>
<DELETED>    (b) Inclusion of Members Serving Pursuant to Indefinite 
Reenlistment.--Subsection (a) of such section is further amended--
</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of paragraph 
        (1);</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) by inserting ``other than an enlisted 
                member referred to in paragraph (3),'' after ``enlisted 
                member,''; and</DELETED>
                <DELETED>    (B) by striking the period at the end and 
                inserting ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(3) in the case of an enlisted member serving 
        pursuant to an indefinite reenlistment, the member executes a 
        written agreement to remain on active duty, or remain in an 
        active status in a reserve component, for a period of at least 
        one year.''.</DELETED>
<DELETED>    (c) Additional Criteria for Bonus.--Such section is 
further amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``designated 
        critical military skill'' and inserting ``critical military 
        skill designated under subsection (b) or satisfies such other 
        criteria for the bonus established under such 
        subsection'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``Designation of Critical 
                Skills.--'' and inserting ``Basis for Bonus.--(1)''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                paragraph:</DELETED>
<DELETED>    ``(2) The Secretary of Defense, and the Secretary of 
Homeland Security with respect to the Coast Guard when it is not 
operating as a service in the Navy, may establish such other criteria 
as the Secretary considers appropriate under which a retention bonus 
will be provided to an officer or enlisted member of the armed forces 
under subsection (a).''; and</DELETED>
        <DELETED>    (3) in subsection (h)(1), by striking ``qualified 
        in the critical military skills for which the bonuses were 
        offered'' and inserting ``who were offered the 
        bonuses''.</DELETED>
<DELETED>    (d) Repeal of Separate Special and Incentive Pay 
Authorities for Reserve Components.--(1) Sections 302g, 308d, and 308e 
of such title are repealed.</DELETED>
<DELETED>    (2) In the case of a member of the Armed Forces who, on or 
before December 31, 2004, entered into a written agreement under 
section 302g or 308e of title 37, United States Code, such section 302g 
or 308e, whichever applies to the member, and as in effect on December 
31, 2004, shall continue to apply after that date with respect to the 
payment of special pay under such section to the member during the term 
of the agreement.</DELETED>
<DELETED>    (e) Clerical Amendments.--(1) The heading of section 323 
of such title is amended to read as follows:</DELETED>
<DELETED>``Sec. 323 Special pay: retention incentives for members 
              qualified in a critical military skill or who satisfy 
              other eligibility criteria''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 5 of 
such title is amended--</DELETED>
        <DELETED>    (A) by striking the items relating to sections 
        302g, 308d, and 308e; and</DELETED>
        <DELETED>    (B) by striking the item relating to section 323 
        and inserting the following new item:</DELETED>

<DELETED>``323. Special pay: retention incentives for members qualified 
                            in a critical military skill or who satisfy 
                            other eligibility criteria.''.
<DELETED>    (f) Effective Date.--(1) Except as provided by paragraph 
(2), the amendments made by this section shall take effect October 1, 
2004, and the amendments made by subsections (a), (b), and (c) shall 
apply to agreements, reenlistments, and the voluntary extension of 
enlistments referred to in section 323(a) of title 37, United States 
Code, entered into on or after that date.</DELETED>
<DELETED>    (2) The amendments made by subsections (d)(1) and 
(e)(2)(A) shall take effect December 31, 2004.</DELETED>
<DELETED>    (g) Limitation on Fiscal Year 2005 Obligations.--During 
fiscal year 2005, obligations incurred under section 323 of title 37, 
United States Code, to provide retention bonuses to members of the 
uniformed services using the expanded authority provided by the 
amendments made by subsections (a), (b), and (c) may not exceed 
$10,000,000. The bonus authority available under such section shall not 
be considered to be an expanded authority to the extent that the 
authority was available under a provision of law specified in 
subsection (d), before the repeal of the provision by such 
subsection.</DELETED>

<DELETED>SEC. 618. ELIGIBILITY OF NEW RESERVE COMPONENT OFFICERS FOR 
              ACCESSION OR AFFILIATION BONUS FOR OFFICERS IN CRITICAL 
              SKILLS.</DELETED>

<DELETED>    (a) Eligibility.--Subsection (a) of section 324 of title 
37, United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(a) Bonus Authorized.--(1) The Secretary concerned may 
pay a bonus under this section--</DELETED>
        <DELETED>    ``(A) to a person who executes a written agreement 
        to accept a commission or an appointment as an officer of armed 
        forces and serve on active duty in a designated critical 
        officer skill or serve in a reserve component of an armed force 
        in a designated critical officer skill; or</DELETED>
        <DELETED>    ``(B) to an officer of an armed force, including a 
        warrant officer, but excluding an officer who has previously 
        served in the Selected Reserve or an officer who is entitled to 
        retired pay, who executes a written agreement to serve in a 
        reserve component of an armed force in a designated critical 
        officer skill after being discharged or released from active 
        duty under honorable conditions, once the officer affiliates 
        with a unit or position in the reserve component.</DELETED>
<DELETED>    ``(2) The written agreement under paragraph (1) between 
the Secretary concerned and a person or officer shall specify the 
period during which the person or officer will be required to serve in 
a designated critical officer skill to maintain entitlement to the 
bonus payment.''.</DELETED>
<DELETED>    (b) Amount of Bonus.--Subsection (c) of such section is 
amended to read as follows:</DELETED>
<DELETED>    ``(c) Amount of Bonus.--The Secretary concerned shall 
determine the amount of a bonus to be paid under subsection (a), except 
that a person may not receive a total of more than $60,000 in payments 
under this section''.</DELETED>
<DELETED>    (c) Conforming Amendments.--Such section is further 
amended--</DELETED>
        <DELETED>    (1) in subsection (d), by striking ``accession'' 
        both places it appears;</DELETED>
        <DELETED>    (2) in subsection (e)--</DELETED>
                <DELETED>    (A) in the subsection heading, by striking 
                ``Accession''; and</DELETED>
                <DELETED>    (B) by striking ``an accession bonus'' and 
                inserting ``a bonus''; and</DELETED>
        <DELETED>    (3) in subsection (f), by striking ``active duty'' 
        and ``accession'' each place it appears.</DELETED>
<DELETED>    (d) Clerical Amendments.--(1) The heading of section 324 
of such title is amended to read as follows:</DELETED>
<DELETED>``Sec. 324. Special pay: accession or affiliation bonus for 
              officers in designated critical skills''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 5 of 
such title is amended by striking the item relating to section 324 and 
inserting the following new item:</DELETED>

<DELETED>``324. Special pay: accession or affiliation bonus for 
                            officers in designated critical skills.''.
<DELETED>    (e) Effective Date.--The amendments made by this section 
shall take effect October 1, 2004, and apply to agreements referred to 
in section 324(a) of title 37, United States Code entered into on or 
after that date.</DELETED>
<DELETED>    (f) Limitation on Fiscal Year 2005 Obligations.--During 
fiscal year 2005, obligations incurred under section 324 of title 37, 
United States Code, as amended by subsections (a) and (b), to provide 
accession and affilliation bonuses to members of the Armed Forces not 
previously eligible for such a bonus under such section may not exceed 
$5,000,000.</DELETED>

<DELETED>SEC. 619. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR 
              INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL 
              SPECIALTY TO EASE PERSONNEL SHORTAGE.</DELETED>

<DELETED>    (a) Eligibility.--Section 326 of title 37, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by inserting ``of a regular 
        or reserve component'' after ``an eligible member'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``if--'' and all that 
                follows through ``at the time'' and inserting ``if, at 
                the time''; and</DELETED>
                <DELETED>    (B) by redesignating subparagraphs (A) and 
                (B) as paragraphs (1) and (2), respectively; 
                and</DELETED>
        <DELETED>    (3) in subsection (c)(2), by inserting ``regular 
        or reserve component of the'' after ``chief personnel officer 
        of the''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by this section 
shall take effect October 1, 2004, and apply to agreements referred to 
in section 326(a) of title 37, United States Code, entered into on or 
after that date.</DELETED>
<DELETED>    (c) Limitation on Fiscal Year 2005 Obligations.--During 
fiscal year 2005, obligations incurred under section 326 of title 37, 
United States Code, as amended by subsection (a), to provide incentive 
bonuses to members of a reserve component of the Armed Forces may not 
exceed $3,000,000.</DELETED>

<DELETED>SEC. 620. AVAILABILITY OF HAZARDOUS DUTY INCENTIVE PAY FOR 
              MILITARY FIREFIGHTERS.</DELETED>

<DELETED>    (a) Additional Type of Duty Entitled to Pay.--Subsection 
(a) of section 301 of title 37, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of paragraph 
        (12);</DELETED>
        <DELETED>    (2) by redesignating paragraph (13) as paragraph 
        (14); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (12) the 
        following new paragraph:</DELETED>
        <DELETED>    ``(13) involving regular participating as a 
        firefighting crew member, as determined by the Secretary 
        concerned; or''.''.</DELETED>
<DELETED>    (b) Monthly Amount of Pay.--Subsection (c) of such section 
is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``(12)'' and 
        inserting ``(13)''; and</DELETED>
        <DELETED>    (2) in paragraph (2)(A), by striking ``(13)'' and 
        inserting ``(14)''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by subsection (a) 
and (b) shall take effect October 1, 2004.</DELETED>

  <DELETED>Subtitle C--Travel and Transportation Allowances</DELETED>

<DELETED>SEC. 631. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO 
              ASSIST SURVIVORS OF A DECEASED MEMBER TO ATTEND BURIAL 
              CEREMONY OF THE MEMBER.</DELETED>

<DELETED>    (a) Authorized Travel Locations.--Subsection (b) of 
section 411f of title 37, United States Code, is amended to read as 
follows:</DELETED>
<DELETED>    ``(b) Authorized Locations for Travel; Duration and 
Rates.--(1) The allowances under subsection (a) may be provided for 
travel and transportation by eligible relatives of the deceased member 
to the place selected pursuant to section 1482(a)(8) of title 10 for 
disposition of the remains of the deceased member.</DELETED>
<DELETED>    ``(2) The allowances may not exceed the rates for two days 
and the time necessary for the travel.''.</DELETED>
<DELETED>    (b) Eligible Relatives.--Subsection (c)(1)(C) of such 
section is amended by striking ``If no person described in subparagraph 
(A) or (B) is provided travel and transportation allowances under 
subsection (a)(1), the'' and inserting ``The''.</DELETED>
<DELETED>    (c) Limitation on Fiscal Year 2005 Obligations.--During 
fiscal year 2005, obligations incurred under section 411f of title 37, 
United States Code, as amended by subsections (a) and (b), to provide 
travel and transportation allowances, not previously available under 
such section, to survivors of deceased members of the uniformed 
services, and to provide such allowances to persons not previously 
eligible for such allowances, may not exceed $2,000,000.</DELETED>

<DELETED>SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO THE 
              SERIOUS ILLNESS OR INJURY OF MEMBERS OF THE UNIFORMED 
              SERVICES.</DELETED>

<DELETED>    (a) Removal of Limitation on Number of Family Members.--
Subsection (a)(1) of section 411h of title 37, United States Code, is 
amended by striking ``not more than two family members'' and inserting 
``a family member''.</DELETED>
<DELETED>    (b) Family Members Described.--Subsection (b)(1) of such 
section is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of subparagraph 
        (C);</DELETED>
        <DELETED>    (2) by striking the period at the end of 
        subparagraph (D) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subparagraph:</DELETED>
        <DELETED>    ``(E) other persons approved by the Secretary 
        concerned.''.</DELETED>
<DELETED>    (c) Availability of Per Diem.--Such section is further 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1), by inserting ``travel 
        and'' before ``transportation''; and</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) by inserting ``(1)'' after ``(c)'' ; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                paragraph:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2004, and apply to transportation 
described in section 411h of title 37, United States Code, provided on 
or after that date.</DELETED>
<DELETED>    (e) Limitation on Fiscal Year 2005 Obligations.--During 
fiscal year 2005, obligations incurred under section 411h of title 37, 
United States Code, as amended by subsections (a) and (b), to provide 
travel and transportation allowances, not previously available under 
such section, to family members of seriously ill or injured members of 
the uniformed services, and to provide such allowances to persons not 
previously eligible for such allowances, may not exceed 
$3,000,000.</DELETED>

<DELETED>SEC. 633. REIMBURSEMENT OF MEMBERS FOR CERTAIN LODGING COSTS 
              INCURRED IN CONNECTION WITH STUDENT DEPENDENT 
              TRAVEL.</DELETED>

<DELETED>    Section 430(b) of title 37, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (2) and (3) as 
        paragraphs (3) and (4), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (1) the following 
        new paragraph (2):</DELETED>
<DELETED>    ``(2) The transportation allowance paid to a member under 
paragraph (1) may include reimbursement, at a rate prescribed by the 
Secretaries concerned, for lodging costs incurred during the annual 
trip for which the allowance is paid when, for reasons beyond the 
control of the dependent child of the member, the child is required to 
procure accommodations while en route between the child's school and 
the member's duty station.''.</DELETED>

    <DELETED>Subtitle D--Retired Pay and Survivor Benefits</DELETED>

<DELETED>SEC. 641. COMPUTATION OF BENEFITS UNDER SURVIVOR BENEFIT PLAN 
              FOR SURVIVING SPOUSES OVER AGE 62.</DELETED>

<DELETED>    (a) Phased Increase in Basic Annuity.--</DELETED>
        <DELETED>    (1) Standard annuity.--</DELETED>
                <DELETED>    (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:</DELETED>
                        <DELETED>    ``(I) For a month before October 
                        2005, the applicable percent is 35 
                        percent.</DELETED>
                        <DELETED>    ``(II) For months after September 
                        2005 and before April 2006, the applicable 
                        percent is 40 percent.</DELETED>
                        <DELETED>    ``(III) For months after March 
                        2006 and before April 2007, the applicable 
                        percent is 45 percent.</DELETED>
                        <DELETED>    ``(IV) For months after March 2007 
                        and before April 2008, the applicable percent 
                        is 50 percent.</DELETED>
                        <DELETED>    ``(V) For months after March 2008, 
                        the applicable percent is 55 
                        percent.''.</DELETED>
                <DELETED>    (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,''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (3) Survivors of eligible persons dying on active 
        duty, etc.--</DELETED>
                <DELETED>    (A) Increase to 55 percent.--Clause (i) of 
                subsection (c)(1)(B) of such section is amended--
                </DELETED>
                        <DELETED>    (i) by striking ``35 percent'' and 
                        inserting ``the applicable percent''; 
                        and</DELETED>
                        <DELETED>    (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.''.</DELETED>
                <DELETED>    (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,''.</DELETED>
        <DELETED>    (4) Clerical amendment.--The heading for 
        subsection (d)(2)(A) of such section is amended to read as 
        follows: ``Computation of annuity.--''.</DELETED>
<DELETED>    (b) Corresponding Phased Elimination of Supplemental 
Annuity.--</DELETED>
        <DELETED>    (1) Phased reduction of supplemental annuity.--
        Section 1457(b) of title 10, United States Code, is amended--
        </DELETED>
                <DELETED>    (A) by striking ``5, 10, 15, or 20 
                percent'' and inserting ``the applicable percent''; 
                and</DELETED>
                <DELETED>    (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.''.</DELETED>
        <DELETED>    (2) Repeal upon implementation of 55 percent sbp 
        annuity.--Effective on April 1, 2008, chapter 73 of such title 
        is amended--</DELETED>
                <DELETED>    (A) by striking subchapter III; 
                and</DELETED>
                <DELETED>    (B) by striking the item relating to 
                subchapter III in the table of subchapters at the 
                beginning of that chapter.</DELETED>
<DELETED>    (c) Recomputation of Annuities.--</DELETED>
        <DELETED>    (1) Periodic recomputation required.--Effective on 
        the first day of each month specified in paragraph (2)--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Time for recomputation.--The requirement under 
        paragraph (1) for recomputation of certain annuities applies 
        with respect to the following months:</DELETED>
                <DELETED>    (A) October 2005.</DELETED>
                <DELETED>    (B) April 2006.</DELETED>
                <DELETED>    (C) April 2007.</DELETED>
                <DELETED>    (D) April 2008.</DELETED>
<DELETED>    (d) Recomputation of Retired Pay Reductions for 
Supplemental Survivor Annuities.--The Secretary of Defense shall take 
such actions as are necessitated by the amendments made by subsection 
(b) and the requirements of subsection (c)(1)(B) to ensure that the 
reductions in retired pay under section 1460 of title 10, United States 
Code, are adjusted to achieve the objectives set forth in subsection 
(b) of that section.</DELETED>

<DELETED>SEC. 642. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN 
              COMMENCING OCTOBER 1, 2005.</DELETED>

<DELETED>    (a) Persons not Currently Participating in Survivor 
Benefit Plan.--</DELETED>
        <DELETED>    (1) Election of sbp coverage.--An eligible retired 
        or former member may elect to participate in the Survivor 
        Benefit Plan under subchapter II of chapter 73 of title 10, 
        United States Code, during the open enrollment period specified 
        in subsection (f).</DELETED>
        <DELETED>    (2) Election of supplemental annuity coverage.--An 
        eligible retired or former member who elects under paragraph 
        (1) to participate in the Survivor Benefit Plan at the maximum 
        level may also elect during the open enrollment period to 
        participate in the Supplemental Survivor Benefit Plan 
        established under subchapter III of chapter 73 of title 10, 
        United States Code.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) is entitled to retired pay; 
                or</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Status under sbp of persons making 
        elections.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) participate in the Plan at a higher base 
        amount (not in excess of the participant's retired pay); 
        or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Election for Current SBP Participants to Participate 
in Supplemental SBP.--</DELETED>
        <DELETED>    (1) Election.--A person who is eligible to make an 
        election under this paragraph may elect during the open 
        enrollment period to participate in the Supplemental Survivor 
        Benefit Plan established under subchapter III of chapter 73 of 
        title 10, United States Code.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Limitation on eligibility for certain sbp 
        participants not affected by two-tier annuity computation.--A 
        person is not eligible to make an election under paragraph (1) 
        if (as determined by the Secretary concerned) the annuity of a 
        spouse or former spouse beneficiary of that person under the 
        Survivor Benefit Plan will be computed under section 1451(e) of 
        title 10, United States Code. However, such a person may during 
        the open enrollment period waive the right to have that annuity 
        computed under such section. Any such election is irrevocable. 
        A person making such a waiver may make an election under 
        paragraph (1) as in the case of any other participant in the 
        Survivor Benefit Plan.</DELETED>
<DELETED>    (d) Manner of Making Elections.--An election under this 
section must be made in writing, signed by the person making the 
election, and received by the Secretary concerned before the end of the 
open enrollment period. Any such election shall be made subject to the 
same conditions, and with the same opportunities for designation of 
beneficiaries and specification of base amount, that apply under the 
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the 
case may be. A person making an election under subsection (a) to 
provide a reserve-component annuity shall make a designation described 
in section 1448(e) of title 10, United States Code.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Open Enrollment Period Defined.--The open enrollment 
period is the two-year period beginning on October 1, 2005.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (i) Additional Premium.--The Secretary of Defense may 
require that the premium for a person making an election under 
subsection (a)(1) or (b) include, in addition to the amount required 
under section 1452(a) of title 10, United States Code, an amount 
determined under regulations prescribed by the Secretary of Defense for 
the purposes of this subsection. Any such amount shall be stated as a 
percentage of the base amount of the person making the election and 
shall reflect the number of years that have elapsed since the person 
retired, but may not exceed 4.5 percent of that person's base 
amount.</DELETED>
<DELETED>    (j) Report Concerning Open Season.--Not later than July 1, 
2005, the Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives a report on the open season authorized by this 
section for the Survivor Benefit Plan. The report shall include the 
following:</DELETED>
        <DELETED>    (1) A description of the Secretary's plans for 
        implementation of the open season.</DELETED>
        <DELETED>    (2) The Secretary's estimates of the costs 
        associated with the open season, including any anticipated 
        effect of the open season on the actuarial status of the 
        Department of Defense Military Retirement Fund.</DELETED>
        <DELETED>    (3) Any recommendation by the Secretary for 
        further legislative action.</DELETED>

<DELETED>SEC. 643. SOURCE OF FUNDS FOR SURVIVOR BENEFIT PLAN ANNUITIES 
              FOR DEPARTMENT OF DEFENSE BENEFICIARIES OVER AGE 
              62.</DELETED>

<DELETED>    (a) In General.--Chapter 74 of title 10, United States 
Code, is amended as follows:</DELETED>
        <DELETED>    (1) Section 1465(b) of such title is amended by 
        adding at the end the following new paragraph:</DELETED>
<DELETED>    ``(4) At the same time that the Secretary of Defense makes 
the determination required by paragraph (1) for any fiscal year, the 
Secretary shall determine the amount of the Treasury contribution to be 
made to the Fund for the next fiscal year under section 1466(b)(2)(E) 
of this title. That amount shall be determined in the same manner as 
the determination under paragraph (1) of the total amount of Department 
of Defense contributions to be made to the Fund during that fiscal year 
under section 1466(a) of this title, except that for purposes of this 
paragraph the Secretary, in making the calculations required by 
subparagraphs (A) and (B) of that paragraph, shall use the single level 
percentages determined under subsection (c)(5), rather than those 
determined under subsection (c)(1).''.</DELETED>
        <DELETED>    (4) Section 1465(c) of such title is amended--
        </DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        inserting before the semicolon at the end the 
                        following: ``and as if benefits under 
                        subchpater II of chapter 73 of this title for 
                        beneficiaries 62 years of age and older were 
                        computed for any fiscal year on the basis of 
                        the percentage of 35 percent, rather than any 
                        percentage otherwise applicable for that 
                        computation for that fiscal year''; 
                        and</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        inserting before the period at the end the 
                        following: ``and as if benefits under 
                        subchapter II of chapter 73 of this title for 
                        beneficiaries 62 years of age and older were 
                        computed for any fiscal year on the basis of 
                        the percentage of 35 percent, rather than any 
                        percentage otherwise applicable for that 
                        computation for that fiscal year'';</DELETED>
                <DELETED>    (B) by redesignating paragraph (5) as 
                paragraph (6); and</DELETED>
                <DELETED>    (C) by inserting after paragraph (4) the 
                following new paragraph (5):</DELETED>
<DELETED>    ``(5) Whenever the Secretary carries out an actuarial 
valuation under paragraph (1), the Secretary shall include as part of 
such valuation the following:</DELETED>
        <DELETED>    ``(A) A determination of a single level percentage 
        determined in the same manner as applies under subparagraph (A) 
        of paragraph (1), but determined as if benefits under 
        subchapter II of chapter 73 of this title for beneficiaries 62 
        years of age and older were computed for any fiscal year on the 
        basis of the percentage of 35 percent, rather than any 
        percentage otherwise applicable for that computation for that 
        fiscal year.</DELETED>
        <DELETED>    ``(B) A determination of a single level percentage 
        determined in the same manner as applies under subparagraph (B) 
        of paragraph (1), but determined as if benefits under 
        subchapter II of chapter 73 of this title for beneficiaries 62 
        years of age and older were computed for any fiscal year on the 
        basis of the percentage of 35 percent, rather than any 
        percentage otherwise applicable for that computation for that 
        fiscal year.</DELETED>
<DELETED>Such single level percentages shall be used for the purposes 
of subsection (b)(4).''.</DELETED>
        <DELETED>    (5) Section 1466(b) of such title is amended--
        </DELETED>
                <DELETED>    (A) in paragraph (1), by inserting 
                ``1465(b)(4),'' after ``1465(b)(3),''; and</DELETED>
                <DELETED>    (B) by adding at the end of paragraph (2) 
                the following new subparagraph:</DELETED>
        <DELETED>    ``(E) The amount for that year determined by the 
        Secretary of Defense under section 1465(b)(4) of this title for 
        the cost to the Fund arising from increased amounts payable 
        from the Fund by reason of benefits under subchapter II of 
        chapter 73 of this title for beneficiaries 62 years of age and 
        older being computed for any fiscal year on the basis of the 
        percentage greater than 35 percent.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect as of October 1, 2004. If this Act is enacted after 
that date, the Secretary of Defense shall provide for such 
administrative adjustments as necessary to provide for payments made 
for any period during fiscal year 2005 before the date of the enactment 
of this Act to be treated as having been made in accordance with such 
amendments and for the provisions of those amendments to be implemented 
as if enacted as of September 30, 2004.</DELETED>

       <DELETED>Subtitle E--Commissary and Nonappropriated Fund 
                   Instrumentality Benefits</DELETED>

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

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

<DELETED>``Subchapter                                              Sec.
<DELETED>``I. Defense Commissary System.....................       2481
<DELETED>``II. Relationship, Continuation, and Common              2487
                            Policies of Defense Commissary 
                            and Exchange Systems.
<DELETED>``III. Morale, Welfare, and Recreation Programs and       2491
                            Nonappropriated Fund 
                            Instrumentalities.

      <DELETED>``SUBCHAPTER I--DEFENSE COMMISSARY SYSTEM</DELETED>

<DELETED>``Sec.
<DELETED>``2481. Existence and purpose of defense commissary system.
<DELETED>``2482. Commissary stores: criteria for establishment or 
                            closure; store size.
<DELETED>``2483. Commissary stores: use of appropriated funds to cover 
                            operating expenses.
<DELETED>``2484. Commissary stores: merchandise that may be sold; 
                            uniform surcharges and pricing.
<DELETED>``2485. Commissary stores: operation.
<DELETED>``Sec. 2481. Existence and purpose of defense commissary 
              system</DELETED>
<DELETED>    ``(a) Existence of System.--The Secretary of the Defense 
shall operate, using funds appropriated to the Department of Defense, a 
world-wide system of commissary stores that sell, at reduced prices, 
food and other merchandise consistent with societal norms for product 
selection in commercial large-scale grocery stores in the United States 
to members of the uniformed services on active duty, members of the 
uniformed services entitled to retired pay, dependents of such members, 
and patrons authorized to use the system under chapter 54 of this 
title.</DELETED>
<DELETED>    ``(b) Purpose of System.--The purpose of the defense 
commissary system is to enhance the quality of life of members of the 
uniformed services, retired members, dependents of such members, and 
other authorized patrons and to provide such members with an additional 
nonmonetary compensation in recognition of their service to the United 
States.</DELETED>
<DELETED>    ``(c) Reduces Prices Defined.--In this section, the term 
`reduced prices' means prices for food and other merchandise determined 
using the price setting process specified in section 2484 of this 
title.</DELETED>
<DELETED>``Sec. 2482. Commissary stores: criteria for establishment or 
              closure; store size</DELETED>
<DELETED>    ``(a) Primary Consideration for Establishment.--The needs 
of members of the uniformed services on active duty and their 
dependents shall be the primary consideration whenever the Secretary of 
Defense--</DELETED>
        <DELETED>    ``(1) assesses the need to establish a commissary 
        store; and</DELETED>
        <DELETED>    ``(2) selects the actual location for the 
        store.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Closure Considerations.--(1) Whenever assessing 
whether to close a commissary store, the effect of the closure on the 
quality of life of members of the uniformed services and their 
dependents using the store and on the welfare and security of the 
military community in which the commissary is located shall be the 
primary consideration. In all cases, the quality of life for military 
patrons shall take priority over any consideration of economic criteria 
relative to store financial performance.</DELETED>
<DELETED>    ``(2) The Secretary of Defense shall give the quality of 
life for members of a reserve component the same priority as the 
quality of life for active duty members whenever assessing whether to 
close a commissary store, including when the assessment is undertaken 
as a result of the closure or realignment of a military installation 
under a base closure law.</DELETED>
<DELETED>    ``(d) Congressional Notification.--The closure of a 
commissary store shall not take effect until the end of the 90-day 
period beginning on the date on which the Secretary of Defense submits 
to Congress written notice of the reasons supporting the closure. The 
written notice shall include an assessment of the impact closure will 
have on the quality of life for military patrons and the welfare and 
security of the military community in which the commissary is 
located.'';</DELETED>
        <DELETED>    (4) by inserting sections 2483 and 2484, as 
        redesignated by paragraph (2), after section 2482, as added by 
        paragraph (3);</DELETED>
        <DELETED>    (5) in section 2484, as redesignated by paragraph 
        (2)--</DELETED>
                <DELETED>    (A) by striking subsections (a), (b), (c), 
                and (g);</DELETED>
                <DELETED>    (B) by redesignating subsections (d), (e), 
                and (f) as subsections (f), (g), and (h), 
                respectively;</DELETED>
                <DELETED>    (C) by inserting before subsection (f), as 
                so redesignated, the following new 
                subsections:</DELETED>
<DELETED>    ``(a) In General.--As provided in section 2481(a) of this 
title, commissary stores are intended to be similar to commercial 
grocery stores and may sell merchandise similar to that sold in 
commercial grocery stores. The Secretary of Defense shall ensure that 
the design and format of commissary stores are consistent with modern 
grocery store stockage and format.</DELETED>
<DELETED>    ``(b) Required Commissary Merchandise Categories.--
Merchandise sold in, at, or by commissary stores shall include items in 
the following categories:</DELETED>
        <DELETED>    ``(1) Meat, poultry, and seafood.</DELETED>
        <DELETED>    ``(2) Nonalcoholic beverages.</DELETED>
        <DELETED>    ``(3) Produce.</DELETED>
        <DELETED>    ``(4) Grocery food, whether stored chilled, 
        frozen, or at room temperature.</DELETED>
        <DELETED>    ``(5) Dairy products.</DELETED>
        <DELETED>    ``(6) Bakery and delicatessen items.</DELETED>
        <DELETED>    ``(7) Nonfood grocery items.</DELETED>
        <DELETED>    ``(8) Health and beauty aids.</DELETED>
        <DELETED>    ``(9) Magazines and periodicals.</DELETED>
        <DELETED>    ``(10) Telephone cards, greeting cards, and film 
        and one-time use cameras.</DELETED>
<DELETED>    ``(c) Inclusion of General Merchandise Items.--(1) Among 
the various defense retail systems--</DELETED>
        <DELETED>    ``(A) commissary stores shall be the primary 
        Department of Defense-operated store for the sale of items 
        described in paragraphs (1) through (7) of subsection (b); 
        and</DELETED>
        <DELETED>    ``(B) exchange stores shall continue to maintain 
        the exclusive right to operate convenience stores, shopettes, 
        and troop stores, including such stores established to support 
        contingency operations.</DELETED>
<DELETED>    ``(2) Merchandise sold in commissary stores may include 
such general merchandise items as the Secretary of Defense may 
prescribe, except that the Secretary may not exclude seasonal items, 
tobacco products, pet supplies, batteries, potted plants and floral 
bouquets, women's hosiery, and school supplies, to the extent such 
products have been available in commissary stores before June 1, 2004, 
unless the Secretary determines that space or other considerations 
preclude the sale of all or some of the specified items. The Secretary 
shall provide notice to Congress of any reduction in the availability 
of such items at least 30 days before the reduction takes 
effect.</DELETED>
<DELETED>    ``(3) A military exchange may be considered as the vendor 
for the purchase of tobacco products, greeting cards, and film and one-
time use cameras and shall serve as the vendor for telephone cards. 
Subsections (e) and (f) shall not apply to the pricing of such an item 
when a military exchange serves as the vendor of the item. Commissary 
store and exchange prices shall be comparable for such an 
item.</DELETED>
<DELETED>    ``(4) During the two-year period ending March 31, 2007, 
the Secretary shall maintain sales data for commissary stores and 
exchange stores regarding the items identified in subsection (b)(10). 
Not later than August 1, 2007, the Secretary shall submit to Congress a 
report containing such sales data.</DELETED>
<DELETED>    ``(d) Excluded Goods or Services.--Commissary stores shall 
not offer film development services.</DELETED>
<DELETED>    ``(e) Uniform Sales Price Surcharge.--The Secretary of 
Defense shall apply a uniform surcharge equal to not more than five 
percent on the sales prices established under subsection (f) for each 
item of merchandise sold in, at, or by commissary stores.'';</DELETED>
                <DELETED>    (D) in subsection (f), as so redesignated, 
                by striking ``(consistent with this section and section 
                2685 of this title)'' in paragraph (1);</DELETED>
                <DELETED>    (E) in subsection (h), as so redesignated, 
                by striking ``Subsections (c) and (d)'' and inserting 
                ``Subsections (e) and (f)''; and</DELETED>
                <DELETED>    (F) by adding at the end the following new 
                subsection:</DELETED>
<DELETED>    ``(i) Use of Surcharge for Construction, Repair, 
Improvement, and Maintenance.--(1)(A) The Secretary of Defense may use 
the proceeds from the surcharges imposed under subsection (e) only--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(ii) to cover environmental evaluation and 
        construction costs related to activities described in clause 
        (i), including costs for surveys, administration, overhead, 
        planning, and design.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2)(A) The Secretary of Defense may authorize a 
nonappropriated fund instrumentality of the United States to enter into 
a contract for construction of a shopping mall or similar facility for 
a commissary store and one or more nonappropriated fund instrumentality 
activities. The Secretary may use the proceeds of surcharges under 
subsection (e) to reimburse the nonappropriated fund instrumentality 
for the portion of the cost of the contract that is attributable to 
construction of the commissary store or to pay the contractor directly 
for that portion of such cost.</DELETED>
<DELETED>    ``(B) In subparagraph (A), the term `construction', with 
respect to a facility, includes acquisition, conversion, expansion, 
installation, or other improvement of the facility.</DELETED>
<DELETED>    ``(3) The Secretary of Defense, with the approval of the 
Director of the Office of Management and Budget, may obligate 
anticipated proceeds from the surcharges under subsection (e) for any 
use specified in paragraph (1) or (2), without regard to fiscal year 
limitations, if the Secretary determines that such obligation is 
necessary to carry out any use of such adjustments or surcharges 
specified in such paragraph.</DELETED>
<DELETED>    ``(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):</DELETED>
        <DELETED>    ``(A) Sale of recyclable materials.</DELETED>
        <DELETED>    ``(B) Sale of excess and surplus 
        property.</DELETED>
        <DELETED>    ``(C) License fees.</DELETED>
        <DELETED>    ``(D) Royalties.</DELETED>
        <DELETED>    ``(E) Fees paid by sources of products in order to 
        obtain favorable display of the products for resale, known as 
        business related management fees.'';</DELETED>
        <DELETED>    (6) by inserting section 2485, as redesignated by 
        paragraph (2), after section 2484, as amended by paragraph (5); 
        and</DELETED>
        <DELETED>    (7) in section 2485, as redesignated by paragraph 
        (2)--</DELETED>
                <DELETED>    (A) in subsection (a)(2), by adding at the 
                end the following new sentence: ``Until December 31, 
                2009, the Defense Commissary Agency is not required to 
                conduct any cost-comparison study under the policies 
                and procedures of Office of Management and Budget 
                Circular A-76 relating to the possible contracting out 
                of commissary store functions.'';</DELETED>
                <DELETED>    (B) in subsection (b)(2), by striking 
                ``section 2484'' and inserting ``section 
                2483'';</DELETED>
                <DELETED>    (C) in subsection (c)(2), by adding at the 
                end the following new sentences: ``The chairman of the 
                governing board shall be a commissioned officer or 
                member of the senior executive service who has 
                demonstrated experience or knowledge relevant to the 
                management of the defense commissary system. In 
                selecting other members of the governing board, the 
                Secretary shall give priority to persons with 
                experience related to logistics, military personnel, 
                military entitlements or other experiences of value of 
                management of commissaries.''; and</DELETED>
                <DELETED>    (D) by adding at the end the following new 
                subsections:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(3) The Director of the Defense Commissary Agency shall 
credit amounts paid under paragraph (1) for use of a facility to an 
appropriate account to which proceeds of a surcharge applied under 
section 2484(e) of this title are credited.</DELETED>
<DELETED>    ``(4) This subsection applies with respect to a commissary 
facility that is acquired, constructed, converted, expanded, installed, 
or otherwise improved (in whole or in part) with the proceeds of a 
surcharge applied under section 2484(e) of this title.</DELETED>
<DELETED>    ``(f) Donation of Unusable Food.--(1) The Secretary of 
Defense may donate food described in paragraph (2) to any of the 
following entities:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) is certified as edible by appropriate food 
        inspection technicians;</DELETED>
        <DELETED>    ``(B) would otherwise be destroyed as unusable; 
        and</DELETED>
        <DELETED>    ``(C) in the case of commissary store food, is 
        unmarketable and unsaleable.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(4) This subsection does not authorize any service 
(including transportation) to be provided in connection with a donation 
under this subsection.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(i) The person who presented the 
        check.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(3) Amounts collected as charges imposed under paragraph 
(1) shall be credited to the commissary trust revolving fund.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(2) Paragraph (1) applies to the following:</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(i) Data relating to sales of goods or 
                services.</DELETED>
                <DELETED>    ``(ii) Demographic information on 
                customers.</DELETED>
                <DELETED>    ``(iii) Any other information pertaining 
                to commissary transactions and operations.</DELETED>
        <DELETED>    ``(B) Business programs, systems, and applications 
        (including software) relating to commissary operations that 
        were developed with funding derived from commissary 
        surcharges.</DELETED>
<DELETED>    ``(3)(A) The Secretary of Defense may, using competitive 
procedures, enter into a contract to sell information described in 
paragraph (2).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(C) The Secretary of Defense may, by contract entered 
into with a business, grant to the business a license to use business 
programs referred to in paragraph (2)(B), including software used in or 
comprising any such program. The fee charged for the license shall be 
based on the costs of similar programs developed and marketed by 
businesses in the private sector, determined by means of 
surveys.</DELETED>
<DELETED>    ``(D) Each contract entered into under this paragraph 
shall specify the amount to be paid for information released or a 
license granted under the contract, as the case may be.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Relation Between Defense Commissary and Exchange 
Systems.--Chapter 147 of title 10, United States Code, is further 
amended--</DELETED>
        <DELETED>    (1) by inserting after section 2485, as amended by 
        subsection (a)(7), the following:</DELETED>

   <DELETED>``SUBCHAPTER II--RELATIONSHIP, CONTINUATION, AND COMMON 
     POLICIES OF DEFENSE COMMISSARY AND EXCHANGE SYSTEMS</DELETED>

<DELETED>``Sec.
<DELETED>``2487. Existence and purpose of defense commissary system.
<DELETED>``2488. Combined exchange and commissary stores.
<DELETED>``2489. Overseas commissary and exchange stores: access and 
                            purchase restrictions.
<DELETED>``Sec. 2487. Relationship between defense commissary system 
              and exchange stores system</DELETED>
<DELETED>    ``(a) Separate Systems.--(1) Except as provided in 
paragraph (2), the defense commissary system and the exchange stores 
system shall be operated as separate systems of the Department of 
Defense.</DELETED>
<DELETED>    ``(2) Paragraph (1) does not apply to the 
following:</DELETED>
        <DELETED>    ``(A) Combined exchange and commissary stores 
        operated under the authority provided by section 2489 of this 
        title.</DELETED>
        <DELETED>    ``(B) NEXMART stores of the Navy Exchange Service 
        Command established before October 1, 2003.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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'';</DELETED>
        <DELETED>    (2) by redesignating sections 2488, 2489, 2489a as 
        sections 2495, 2495a, and 2495b, respectively; and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) MWR Programs and Nonappropriated Fund 
Instrumentalities.--Chapter 147 of title 10, United States Code, is 
further amended--</DELETED>
        <DELETED>    (1) by inserting after section 2489, as 
        redesignated and moved by subsection (b)(3), the 
        following:</DELETED>

<DELETED>``SUBCHAPTER III--MORALE, WELFARE, AND RECREATION PROGRAMS AND 
            NONAPPROPRIATED FUND INSTRUMENTALITIES</DELETED>

<DELETED>``Sec.
<DELETED>``2491. Uniform funding and management of morale, welfare, and 
                            recreation programs.
<DELETED>``2491a. Department of Defense golf courses: limitation on use 
                            of appropriated funds.
<DELETED>``2491b. Use of appropriated funds for operation of Armed 
                            Forces Recreation Center, Europe: 
                            limitation.
<DELETED>``2491c. Retention of morale, welfare, and recreation funds by 
                            military installations: limitation.
<DELETED>``2492. Nonappropriated fund instrumentalities: contracts with 
                            other agencies and instrumentalities to 
                            provide and obtain goods and services.
<DELETED>``2493. Fisher Houses: administration as nonappropriated fund 
                            instrumentality.
<DELETED>``2494. Nonappropriated fund instrumentalities: furnishing 
                            utility services for morale, welfare, and 
                            recreation purposes.
<DELETED>``2495. Nonappropriated fund instrumentalities: purchase of 
                            alcoholic beverages.
<DELETED>``2495a. Overseas package stores: treatment of United States 
                            wines.
<DELETED>``2495b. Sale or rental of sexually explicit material 
                            prohibited.'';
        <DELETED>    (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);</DELETED>
        <DELETED>    (3) by redesignating section 2482a as section 2492 
        and inserting such section before section 2493;</DELETED>
        <DELETED>    (4) by inserting after section 2493 the following 
        new section:</DELETED>
<DELETED>``Sec. 2494. Nonappropriated fund instrumentalities: 
              furnishing utility services for morale, welfare, and 
              recreation purposes</DELETED>
<DELETED>    ``Appropriations for the Department of Defense may be used 
to provide utility services for--</DELETED>
        <DELETED>    ``(1) buildings on military installations 
        authorized by regulation to be used for morale, welfare, and 
        recreation purposes; and</DELETED>
        <DELETED>    ``(2) other morale, welfare, and recreation 
        activities for members of the armed forces.''; and</DELETED>
        <DELETED>    (5) by inserting sections 2495, 2495a, and 2495b, 
        as redesignated by subsection (b)(2), after section 2494, as 
        added by paragraph (4).</DELETED>
<DELETED>    (d) Inclusion of Other Title 10 Provisions.--Sections 
2246, 2247, and 2219 of title 10, United States Code, are--</DELETED>
        <DELETED>    (1) transferred to chapter 147 of such 
        title;</DELETED>
        <DELETED>    (2) inserted after section 2491, as redesignated 
        and moved by subsection (c)(2); and</DELETED>
        <DELETED>    (3) redesignated as sections 2491a, 2491b, and 
        2491c, respectively.</DELETED>
<DELETED>    (e) Conforming Amendments.--(1) Section 977 of title 10, 
United States Code, is repealed.</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 132 
of such title is amended by striking the item relating to section 
2219.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 652. CONSISTENT STATE TREATMENT OF DEPARTMENT OF DEFENSE 
              NONAPPROPRIATED FUND HEALTH BENEFITS PROGRAM.</DELETED>

<DELETED>    Section 349 of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2727) is amended by 
adding at the end the following new subsection:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(3) In this section, the term `State' means each of the 
several States, the District of Columbia, the Commonwealth of Puerto 
Rico, the United States Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands, and any political 
subdivision or other non-Federal authority thereof.''.</DELETED>

<DELETED>SEC. 653. COOPERATION AND ASSISTANCE FOR QUALIFIED SCOUTING 
              ORGANIZATIONS SERVING DEPENDENTS OF MEMBERS OF THE ARMED 
              FORCES AND CIVILIAN EMPLOYEES OVERSEAS.</DELETED>

<DELETED>    (a) Authority to Cooperate and Provide Assistance.--
Subsection (a) of section 2606 of title 10, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``Subject to 
        subsection (b)'' and inserting ``In the interest of promoting 
        the recognized morale, welfare, and recreation of members of 
        the armed forces''; and</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``and may'' and 
        all that follows through ``armed forces''.</DELETED>
<DELETED>    (b) Treatment of Organizations and Employees.--Such 
section is further amended--</DELETED>
        <DELETED>    (1) by striking subsections (e) and (f);</DELETED>
        <DELETED>    (2) by redesignating subsections (c) and (d) as 
        subsections (e) and (f), respectively; and</DELETED>
        <DELETED>    (3) by inserting after subsection (b) the 
        following new subsections:</DELETED>
<DELETED>    ``(c) Treatment as Nonappropriated Fund 
Instrumentalities.--(1) Subject to paragraphs (2) and (3), to the 
extent a qualified scouting organization is providing services for 
members of the armed forces and their dependents, or civilian employees 
of the Department of Defense and their dependents, at a location 
outside the United States consistent with the regulations prescribed 
under subsection (b), the qualified scouting organization shall be a 
nonappropriated fund instrumentality of the Department of 
Defense.</DELETED>
<DELETED>    ``(2) Notwithstanding treatment as a nonappropriated fund 
instrumentality of the Department of Defense, personnel of the 
qualified scouting organization who are performing duties in connection 
with cooperation and assistance provided under subsection (a) may 
continue such policies and procedures related to personnel management 
and such other policies or procedures established by the qualified 
scouting organization as the personnel consider appropriate, subject to 
the approval of the qualified scouting organization.</DELETED>
<DELETED>    ``(3) A qualified scouting organization operating outside 
the United States may operate as a private association overseas for the 
purpose of raising funds. Any funds so raised may not be commingled 
with amounts retained in a nonappropriated morale, welfare, and 
recreation account of the Department of Defense.</DELETED>
<DELETED>    ``(d) Treatment as Nonappropriated Fund Instrumentality 
Employees.--(1) Personnel of a qualified scouting organization who are 
performing duties in connection with cooperation and assistance 
provided under subsection (a) for members of the armed forces and their 
dependents, or civilian employees of the Department of Defense and 
their dependents, shall be nonappropriated fund instrumentality 
employees of the United States for any period during which the 
personnel perform such duties.</DELETED>
<DELETED>    ``(2) Such personnel of a qualified scouting organization 
shall receive the same benefits, entitlements, and logistical support 
as other nonappropriated fund instrumentality employees, except that 
such personnel--</DELETED>
        <DELETED>    ``(A) shall be allowed to decline to participate 
        in retirement programs or other personnel management policies 
        or procedures available to other nonappropriated fund 
        instrumentality employees and elect to continue the programs, 
        policies or procedures made available by the qualified scouting 
        organization; and</DELETED>
        <DELETED>    ``(B) shall not receive nonappropriated fund 
        instrumentality employment credit nor rehire 
        priority.</DELETED>
<DELETED>    ``(3) In the regulations prescribed under subsection (b), 
the Secretary of Defense may authorize the use of funds appropriated to 
the Department of Defense to pay costs of such personnel of a qualified 
scouting organization, including reimbursement of the personnel or the 
qualified scouting organization, in the case of those retirement, 
personnel management, and other compensation programs regarding which 
the personnel have elected to continue the programs made available to 
them by the qualified scouting organization.''.</DELETED>
<DELETED>    (c) Conforming and Clerical Amendments.--Such section is 
further amended--</DELETED>
        <DELETED>    (1) in subsection (a), by inserting ``Authority to 
        Cooperate and Provide Assistance.--'' after ``(a)'';</DELETED>
        <DELETED>    (2) in subsection (c), by inserting ``Basis for 
        Cooperation and Assistance.--'';</DELETED>
        <DELETED>    (3) in subsection (e), as redesignated by 
        subsection (b)(2)--</DELETED>
                <DELETED>    (A) by inserting ``Provision of 
                Transportation, Space, and Services.--'' after ``(e)''; 
                and</DELETED>
                <DELETED>    (B) in the matter preceding paragraph (1), 
                by inserting ``, using the authority of subsection 
                (d)(3)'' after ``furnished'';</DELETED>
        <DELETED>    (4) in subsection (f), as redesignated by 
        subsection (b)(2), by inserting ``Transportation of Supplies.--
        '' after ``(f)''; and</DELETED>
        <DELETED>    (5) in subsection (g), by inserting 
        ``Definition.--'' after ``(g)''.</DELETED>

              <DELETED>Subtitle F--Other Matters</DELETED>

<DELETED>SEC. 661. REPEAL OF REQUIREMENT THAT MEMBERS ENTITLED TO BASIC 
              ALLOWANCE FOR SUBSISTENCE PAY SUBSISTENCE CHARGES WHILE 
              HOSPITALIZED.</DELETED>

<DELETED>    (a) Repeal.--(1) Section 1075 of title 10, United States 
Code, is repealed.</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 55 
of such title is amended by striking the item relating to section 
1075.</DELETED>
<DELETED>    (b) Conforming Amendment Regarding Military-Civilian 
Health Services Partnership Program.--Section 1096(c) of such title is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``who is a dependent'' after 
        ``covered beneficiary''; and</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 662. CLARIFICATION OF EDUCATION LOANS QUALIFYING FOR 
              EDUCATION LOAN REPAYMENT PROGRAM FOR RESERVE COMPONENT 
              HEALTH PROFESSIONS OFFICERS.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 663. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED AND 
              FREQUENT MOBILIZATION OF RESERVISTS FOR ACTIVE DUTY 
              SERVICE ON RESERVIST INCOME.</DELETED>

<DELETED>    (a) Survey of Mobilized Reservists to Determine 
Differential Between Private Sector Income and Military Compensation.--
(1) The Secretary of Defense shall conduct a survey involving members 
of the reserve components who serve, or have served, on active duty in 
support of a contingency operation at any time during the period 
beginning on September 11, 2001, and ending on September 30, 2005, to 
determine the extent to which such members sustained a reduction in 
monthly income during the period of the active duty service compared to 
the average monthly civilian income of the members during the 12 months 
preceding their mobilization.</DELETED>
<DELETED>    (2) At least 50 percent of the total number of members of 
the reserve components who have served on active duty in support of a 
contingency operation at any time during the period specified in 
paragraph (1) shall be included in the survey.</DELETED>
<DELETED>    (b) Calculation of Income Differential.--For each member 
surveyed under subsection (a) who reports that total monthly military 
compensation during the active duty service of the member was less, or 
appeared to be less, than the average monthly civilian income of the 
member, the Secretary of Defense, in cooperation with the member, shall 
calculate the monthly active-duty income differential for the 
member.</DELETED>
<DELETED>    (c) Definitions Used in Conducting Survey and 
Calculations.--In this section:</DELETED>
        <DELETED>    (1) The term ``monthly active-duty income 
        differential'', with respect to a member of a reserve component 
        surveyed under subsection (a), means the difference between--
        </DELETED>
                <DELETED>    (A) the average monthly civilian income of 
                the member; and</DELETED>
                <DELETED>    (B) the total monthly military 
                compensation of the member.</DELETED>
        <DELETED>    (2) The term ``average monthly civilian income'', 
        with respect to a member of a reserve component surveyed under 
        subsection (a), means the amount, determined by the Secretary 
        of Defense, of the earned income of the member for the 12 
        months preceding the first mobilization of the member during 
        the period specified in subsection (a)(1), divided by 
        12.</DELETED>
        <DELETED>    (3) The term ``total monthly military 
        compensation'', with respect to a member of a reserve component 
        surveyed under subsection (a), means the amount, computed on a 
        monthly basis, of the sum of--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (d) Collection of Demographic Data.--The Secretary of 
Defense shall collect demographic data regarding each member of a 
reserve component surveyed under subsection (a), including, at a 
minimum, data on the following:</DELETED>
        <DELETED>    (1) Reserve component.</DELETED>
        <DELETED>    (2) Unit of assignment.</DELETED>
        <DELETED>    (3) Grade.</DELETED>
        <DELETED>    (4) Age.</DELETED>
        <DELETED>    (5) Years of service.</DELETED>
        <DELETED>    (6) Sex.</DELETED>
        <DELETED>    (7) Marital status.</DELETED>
        <DELETED>    (8) Number of dependents.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (10) Military occupational specialty, including 
        specifying all surveyed members who are serving in a critical 
        wartime specialty.</DELETED>
        <DELETED>    (11) Length of service on active duty during the 
        most recent mobilization.</DELETED>
        <DELETED>    (12) Number of times mobilized since September 11, 
        2001.</DELETED>
<DELETED>    (e) Effect of Income Loss on Retention.--The Secretary of 
Defense shall include in the survey a question to solicit information 
from each member of a reserve component surveyed under subsection (a) 
regarding the likely effect of a reoccurring monthly active-duty income 
differential for the member while serving on active duty on the 
decision of the member to remain in the reserve component.</DELETED>
<DELETED>    (f) Analysis of Survey Data.--(1) At a minimum, the 
Secretary of Defense shall determine, for each variable listed in 
paragraphs (2) through (12) of subsection (d), the number of members of 
the reserve components surveyed under subsection (a) who sustained a 
monthly active-duty income differential for any month during their 
active duty service and compare and contrast that number with the 
number of members who did not experience a monthly active-duty income 
differential.</DELETED>
<DELETED>    (2) The Secretary shall also determine the average amount 
of the active-duty income differential by reserve component for each 
variable within the characteristics listed in paragraphs (2) through 
(12) of subsection (d).</DELETED>
<DELETED>    (g) Submission of Survey Results and Recommendations.--Not 
later than January 31, 2006, the Secretary of Defense shall submit to 
Congress and the Comptroller General a report containing the results of 
the surveys conducted under subsection (a), including the results of 
the analysis of survey data required by subsection (e). The Secretary 
shall include such recommendations as the Secretary considers 
appropriate regarding alternatives for restoring income lost by members 
of the reserve components who sustained a monthly active-duty income 
differential during their active duty service.</DELETED>
<DELETED>    (h) Comptroller General Evaluation.--Not later than March 
31, 2006, the Comptroller General shall submit to Congress an 
assessment of the findings and recommendations contained in the report 
of the Secretary of Defense submitted under subsection (g).</DELETED>

          <DELETED>TITLE VII--HEALTH CARE PROVISIONS</DELETED>

     <DELETED>Subtitle A--Enhanced Benefits for Reserves</DELETED>

<DELETED>SEC. 701. DEMONSTRATION PROJECT FOR TRICARE COVERAGE FOR READY 
              RESERVE MEMBERS.</DELETED>

<DELETED>    (a) Demonstration Program.--Section 1076b of title 10, 
United States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 1076b. TRICARE demonstration project: coverage for 
              members of the Ready Reserve</DELETED>
<DELETED>    ``(a) In General.--(1) The Secretary of Defense shall 
conduct a demonstration project beginning in fiscal year 2005 to test 
whether TRICARE coverage for certain Ready Reserve members and their 
families enhances medical readiness and retention of such 
members.</DELETED>
<DELETED>    ``(2) Under the demonstration project required by 
paragraph (1), within the scope of the project, as established by the 
Secretary, members of the Ready Reserve may be allowed to enroll for 
coverage under the TRICARE Standard option of the TRICARE program and 
receive benefits under such enrollment for any period that the member--
</DELETED>
        <DELETED>    ``(A) is not eligible for health care benefits 
        under an employer-sponsored health benefits plan; and</DELETED>
        <DELETED>    ``(B) either--</DELETED>
                <DELETED>    ``(i) is not on active duty; or</DELETED>
                <DELETED>    ``(ii) is on active duty but under a call 
                or order to active duty for a period of 30 days or 
                less.</DELETED>
<DELETED>    ``(3) A member allowed to enroll in TRICARE Standard under 
the demonstration project may enroll for self-only coverage or self and 
family coverage.</DELETED>
<DELETED>    ``(b) Scope of Coverage .--A member and the dependents of 
a member enrolled in TRICARE Standard under this section shall be 
entitled to the same benefits and shall pay the same charges as are 
provided under section 1079 of this title.</DELETED>
<DELETED>    ``(c) Premiums.--(1) The Secretary of Defense shall charge 
premiums for coverage pursuant to enrollments under this section. The 
Secretary shall prescribe a premium for self only coverage and a 
premium for self and family coverage.</DELETED>
<DELETED>    ``(2) The monthly amount of the premium in effect for a 
month for a type of coverage under this section shall be the amount 
equal to 28 percent of the total amount determined by the Secretary on 
an appropriate actuarial basis as being reasonable for the 
coverage.</DELETED>
<DELETED>    ``(3) The premiums payable by a member under this 
subsection may be deducted and withheld from basic pay payable to the 
member under section 204 of title 37 or from compensation payable to 
the member under section 206 of such title. The Secretary shall 
prescribe the requirements and procedures applicable to the payment of 
premiums by members not entitled to such basic pay or 
compensation.</DELETED>
<DELETED>    ``(4) Amounts collected as premiums under this subsection 
shall be credited to the appropriation available for the Defense Health 
Program Account under section 1100 of this title, shall be merged with 
sums in such Account that are available for the fiscal year in which 
collected, and shall be available under subparagraph (B) of such 
section for such fiscal year.</DELETED>
<DELETED>    ``(d) Conditions of Eligibility.--(1) The Secretary of 
Defense may establish other conditions of eligibility, including 
requiring a member to submit any certification that the Secretary 
considers appropriate to substantiate the member's assertion that the 
member is not eligible for health care benefits under any other health 
benefits plan.</DELETED>
<DELETED>    ``(2) In the case of any member who is self-employed and 
not eligible for coverage under any other employer-sponsored health 
benefits plan, the member shall not be considered eligible to enroll 
under this section if the member's income in the prior calendar year 
exceeded $40,000.</DELETED>
<DELETED>    ``(e) Scope and Terms of Demonstration Project.--The 
geographic scope and priorities for enrollment under the demonstration 
program, if any, shall be established by the Secretary of Defense. The 
Secretary may establish such other terms and conditions for the 
demonstration project required by subsection (a) as the Secretary 
determines appropriate to accomplish its purposes.</DELETED>
<DELETED>    ``(f) Termination of Authority.--An enrollment in TRICARE 
under this section may not continue after December 31, 2007.</DELETED>
<DELETED>    ``(g) Evaluation of Demonstration and Report to 
Congress.--Not later than March 1, 2007, the Secretary shall provide to 
Congress a report on the results of the demonstration project required 
by this section. Such report shall include an analysis of the impact of 
the demonstration on medical readiness and retention of the members who 
enrolled, an assessment of the costs and benefits of any improvements 
in medical readiness or retention, and recommendations concerning 
TRICARE Standard coverage for Ready Reserve members.</DELETED>
<DELETED>    ``(h) Definition.--In this section, the term `TRICARE 
Standard' means the option of the TRICARE program that is also known as 
the Civilian Health and Medical Program of the Uniformed Services, as 
defined in section 1072(4) of this title.''.</DELETED>
<DELETED>    (b) Termination of Coverage Under Superseded Provision of 
Law.--An enrollment in TRICARE under section 1076b of title 10, United 
States Code, as in effect before the date of the enactment of this Act 
may not continue after such date.</DELETED>
<DELETED>    (c) Site Identification.--(1) Not later than 60 days after 
the date of enactment of this Act, the Secretary of Defense, in 
consultation with the Committees on Armed Services of the Senate and 
the House of Representatives, shall identify not less than 10 sites 
that meet the criteria specified in paragraph (2) for the conduct of 
the demonstration project required under section 1076b of title 10, 
United States Code, as amended by this section.</DELETED>
<DELETED>    (2) For purposes of paragraph (1), the sites selected for 
the conduct of the demonstration project shall be areas of the United 
States that include a substantial number of personnel expected to be 
ordered to active duty for a period of more than 30 days.</DELETED>
<DELETED>    (d) Independent Evaluation and Reports.--(1) The 
Comptroller General shall conduct an evaluation of the demonstration 
project required under section 1076b of title 10, United States Code 
(as amended by this section) The evaluation shall include an assessment 
of the following:</DELETED>
        <DELETED>    (A) Compliance by the Department of Defense with 
        the requirements under section 1076b of title 10, United States 
        Code (as amended by this section).</DELETED>
        <DELETED>    (B) A description of the effects of the 
        demonstration project on medical readiness and retention of the 
        participants compared to nonparticipants.</DELETED>
        <DELETED>    (C) The number of Ready Reserve members and their 
        dependents opting to participate in the demonstration 
        project.</DELETED>
        <DELETED>    (D) An analysis of how the demonstration project 
        affects the overall accessibility of care in the direct and 
        purchased care systems and a description of the unintended 
        effects (if any) upon the normal treatment priority 
        system.</DELETED>
        <DELETED>    (E) A description of the difficulties (if any) 
        experienced by the Department of Defense in managing the 
        demonstration project.</DELETED>
        <DELETED>    (F) Any impact of the demonstration project on 
        employers, including causing them to discontinue health care 
        insurance benefits for employees who are members of the 
        reserves.</DELETED>
        <DELETED>    (G) A recommendation whether to extend the 
        demonstration project or make the project permanent.</DELETED>
        <DELETED>    (H) A determination of whether the terms and 
        conditions of the demonstration project should be continued or 
        modified if the project is extended or expanded.</DELETED>
        <DELETED>    (I) Implications on cost, medical readiness, 
        recruitment, and retention if the demonstration project was 
        made available to all reservists meeting the enrollment 
        criteria throughout the United States and its 
        territories.</DELETED>
        <DELETED>    (J) Any additional elements that the Comptroller 
        General determines are appropriate to assess the demonstration 
        project.</DELETED>
<DELETED>    (2) The Comptroller General shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives--
</DELETED>
        <DELETED>    (A) an interim report on the evaluation under this 
        section not later than 12 months after the date on which the 
        demonstration project begins operation; and</DELETED>
        <DELETED>    (B) a final report on the evaluation under this 
        section not later than March 1, 2007.</DELETED>

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

<DELETED>    (a) Study Required.--The Comptroller General shall conduct 
a study on the cost and feasibility of providing a stipend to members 
of the Ready Reserves to offset the cost of continuing private health 
insurance coverage for the member's dependents when the member is on 
active duty for a period of more than 30 days, with the dependents 
being ineligible to enroll in the TRICARE program and payment of the 
stipend ending when the member is no longer on active duty.</DELETED>
<DELETED>    (b) Matters Covered.--The study shall include the 
following matters:</DELETED>
        <DELETED>    (1) Recommendation for a benefit amount and cost 
        to the Department of Defense.</DELETED>
        <DELETED>    (2) Potential effects on medical readiness, 
        recruitment, and retention.</DELETED>
        <DELETED>    (3) The extent to which the Reserves and members 
        of their families might participate under the stipend 
        program.</DELETED>
        <DELETED>    (4) Administrative and management considerations 
        for the Department of Defense.</DELETED>
        <DELETED>    (5) Impact of pre-existing conditions on 
        continuity of care for dependents.</DELETED>
        <DELETED>    (6) Possible implications for employers.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 703. IMPROVEMENT OF MEDICAL SERVICES FOR ACTIVATED 
              MEMBERS OF THE READY RESERVE AND THEIR 
              FAMILIES.</DELETED>

<DELETED>    (a) Requirement for TRICARE Coverage for Dependents of 
Members of Reserve Components Called to Active Duty.--Paragraph (1) of 
section 1074(d) of title 10, United States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``a dependent of'' after 
        ``chapter,'';</DELETED>
        <DELETED>    (2) by inserting ``a dependent of a member'' after 
        ``treated as being''; and</DELETED>
        <DELETED>    (3) by striking ``the later of'' and all that 
        follows through the period at the end of subparagraph (B) and 
        inserting ``the date described in paragraph (3).''.</DELETED>
<DELETED>    (b) Authority for TRICARE Coverage for Members of Reserve 
Components Called To Active Duty.--Section 1074(d) of such title is 
further amended--</DELETED>
        <DELETED>    (1) by striking paragraph (3);</DELETED>
        <DELETED>    (2) by redesignating paragraph (2) as paragraph 
        (4); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the following 
        new paragraphs:</DELETED>
<DELETED>    ``(2) The Secretary of Defense may, beginning on the date 
described in paragraph (3), provide a member of a reserve component of 
the armed forces who is issued a delayed-effective-date active-duty 
order, or is covered by such an order, such medical and dental care (in 
addition to care for which the member is eligible under section 
1074a(f) of this title or other provisions of law) the Secretary 
determines appropriate.</DELETED>
<DELETED>    ``(3) The date referred to in paragraphs (1) and (2) with 
respect to a member is the later of the date that is--</DELETED>
        <DELETED>    ``(A) the date of the issuance of the delayed-
        effective-date active-duty order; or</DELETED>
        <DELETED>    ``(B) 90 days before the date on which the period 
        of active duty is to commence under such order for that 
        member.''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on January 1, 2005.</DELETED>

<DELETED>SEC. 704. MODIFICATION OF WAIVER OF CERTAIN DEDUCTIBLES UNDER 
              TRICARE PROGRAM.</DELETED>

<DELETED>    Section 1095d(a) of title 10, United States Code, is 
amended in paragraphs (1) and (2) by striking ``less than one year'' 
each place it appears and inserting ``more than 30 days''.</DELETED>

<DELETED>SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF ADDITIONAL 
              AMOUNTS BILLED BY HEALTH CARE PROVIDERS TO ACTIVATED 
              RESERVE MEMBERS.</DELETED>

<DELETED>    Section 1079(h) of title 10, United States Code, is 
amended by adding at the end of paragraph (4) the following new 
subparagraph:</DELETED>
<DELETED>    ``(C) In the case of services billed to a dependent 
referred to in subsection (a) of a member of a reserve component who is 
ordered to active duty for a period of more than 30 days in support of 
a contingency operation under a provision of law referred to in section 
101(a)(13)(B) of this title, the regulations shall provide that, in 
addition to amounts otherwise payable by the United States, the 
Secretary may pay the amount referred to in subparagraph (B)(i) for the 
services.''.</DELETED>

<DELETED>SEC. 706. EXTENSION OF TRANSITIONAL HEALTH CARE BENEFITS AFTER 
              SEPARATION FROM ACTIVE DUTY.</DELETED>

<DELETED>    (a) Extension of Transitional Health Care Benefits.--
Paragraph (3) of section 1145(a) of title 10, United States Code, is 
amended to read as follows:</DELETED>
<DELETED>    ``(3) Transitional health care shall be available under 
this subsection for a period beginning on the date on which the member 
is separated from active duty and ending on the earlier of--</DELETED>
        <DELETED>    ``(A) 180 days after the date on which the member 
        is separated from active duty; or</DELETED>
        <DELETED>    ``(B) the date on which the member and dependents 
        of the member are covered by a health plan sponsored by an 
        employer.''.</DELETED>
<DELETED>    (b) Limitation.--During the period beginning on January 1, 
2005, and ending on September 30, 2005, not more than $170,000,000 of 
the amount appropriated pursuant to the authorization for operations 
and maintenance for the Defense Health Program in section 303(a) may be 
used for transitional health care under section 1145(a) of title 10, 
United States Code, as amended by this section.</DELETED>
<DELETED>    (c) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to separations from active duty that take 
effect on or after January 1, 2005.</DELETED>

       <DELETED>Subtitle B--Other Benefits Improvements</DELETED>

<DELETED>SEC. 711. COVERAGE OF CERTAIN YOUNG CHILDREN UNDER TRICARE 
              DENTAL PROGRAM.</DELETED>

<DELETED>    (a) Coverage of Certain Young Children.--Section 
1076a(k)(2) of title 10, United States Code, is amended by inserting 
after ``by reason of'' the following: ``the dependent's young age on 
the date of death of the member of''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF HEALTH 
              AND SUPPORT SERVICES FOR EXCEPTIONAL FAMILY MEMBER 
              PROGRAM ENROLLEES.</DELETED>

<DELETED>    (a) Evaluation Requirement.--The Comptroller General shall 
evaluate the effect of the Exceptional Family Member Program (in this 
section referred to as ``EFMP'') on health and support services in 
selected civilian communities near military installations with a high 
concentration of EFMP enrollees.</DELETED>
<DELETED>    (b) Matters Covered.--The evaluation under subsection (a) 
shall include a discussion of the following:</DELETED>
        <DELETED>    (1) Communities that have high concentrations of 
        EFMP enrollees that use State and local health and support 
        services.</DELETED>
        <DELETED>    (2) Needs of EFMP enrollees, if any, that are not 
        met by State and local health and support services.</DELETED>
        <DELETED>    (3) The burdens, financial and otherwise, placed 
        on State and local health and support services by EFMP 
        enrollees and their families.</DELETED>
        <DELETED>    (4) The ability of the TRICARE program to meet the 
        needs of EFMP enrollees and their families.</DELETED>
        <DELETED>    (5) Reasons for any limitations of the TRICARE 
        program, the EFMP, and State and local health and support 
        services in providing assistance to EFMP enrollees and their 
        families.</DELETED>
        <DELETED>    (6) Recommendations for more effectively meeting 
        the needs of EFMP enrollees and their families.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The term ``health and support services'' means 
        services provided to children and other dependents with special 
        needs, including specialized day care, mental health day 
        treatment services, respite services, counseling, and other 
        such services provided for children and other dependents with 
        special needs.</DELETED>
        <DELETED>    (2) The term ``TRICARE program'' has the meaning 
        given that term in section 1072(7) of title 10, United States 
        Code.</DELETED>
<DELETED>    (e) Report.--Not later than March 31, 2005, the 
Comptroller General shall submit to the Armed Services Committees of 
the Senate and the House of Representatives a report on the results of 
the evaluation required under subsection (a), with findings and 
recommendations.</DELETED>

<DELETED>SEC. 713. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME 
              REMOTE.</DELETED>

<DELETED>    Section 1079(p) of title 10, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraph (4) as paragraph 
        (5); and</DELETED>
        <DELETED>    (2) by inserting after paragraph (3) the following 
        new paragraph:</DELETED>
<DELETED>    ``(4) The Secretary of Defense may provide for coverage of 
a dependent referred to in subsection (a) who is not described in 
paragraph (3) if the Secretary determines that exceptional 
circumstances warrant such coverage.''.</DELETED>

<DELETED>SEC. 714. TRANSITION TO HOME HEALTH CARE BENEFIT UNDER SUB-
              ACUTE CARE PROGRAM.</DELETED>

<DELETED>    Section 1074j of title 10, United States Code, is amended 
in subsection (b)(3)--</DELETED>
        <DELETED>    (1) by inserting ``(A)'' after ``(3)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(B) The Secretary of Defense shall establish procedures 
for the transition to and implementation of the home health care 
benefit required by subparagraph (A). The Secretary may provide in such 
procedures that covered beneficiaries who, before the implementation of 
such benefit, received home health care under this chapter in excess of 
such benefit, may continue to receive such care for such time as the 
Secretary considers appropriate.''.</DELETED>

<DELETED>SEC. 715. REQUIREMENT RELATING TO PRESCRIPTION DRUG BENEFITS 
              FOR MEDICARE-ELIGIBLE ENROLLEES UNDER DEFENSE HEALTH CARE 
              PLANS.</DELETED>

<DELETED>    Section 1074g(a)(6) of title 10, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``(A)'' after ``(6)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 716. PROFESSIONAL ACCREDITATION OF MILITARY 
              DENTISTS.</DELETED>

<DELETED>    Section 1077(c) of title 10, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``A'' and inserting ``(1) Except 
        as provided in paragraph (2), a''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(2)(A) Dependents who have not attained age 13 and who 
are participating under a dental plan established under section 1076a 
of this title may be treated by post-graduate dental students in 
eligible dental treatment facilities if--</DELETED>
        <DELETED>    ``(i)(I) treatment of pediatric dental patients is 
        required to comply with American Dental Association 
        accreditation standards; or</DELETED>
        <DELETED>    ``(II) pediatric dental training is required to 
        enable post-graduate dental students to provide dental care for 
        such dependents outside the United States; and</DELETED>
        <DELETED>    ``(ii) there are insufficient numbers of children 
        eligible to be provided dental care under section 1076(a) of 
        this title to meet such standards or training 
        requirements.</DELETED>
<DELETED>    ``(B) The total number of dependents who may be treated 
under this paragraph may not exceed 2,000 in any fiscal year.</DELETED>
<DELETED>    ``(C) In this paragraph, an eligible dental treatment 
facility is a dental treatment facility with a post-graduate dental 
education program accredited by the American Dental 
Association.''.</DELETED>

<DELETED>SEC. 717. ADDITION OF CERTAIN UNREMARRIED FORMER SPOUSES TO 
              PERSONS ELIGIBLE FOR DENTAL INSURANCE PLAN OF RETIREES OF 
              THE UNIFORMED SERVICES.</DELETED>

<DELETED>    (a) Eligibility of Certain Former Spouses for Dental 
Coverage.--(1) Section 1076c(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:</DELETED>
        <DELETED>    ``(6) A person who--</DELETED>
                <DELETED>    ``(i) is an unremarried former spouse of a 
                member described in paragraph (1) or (2);</DELETED>
                <DELETED>    ``(i) is described in section 
                1072(2)(F)(i) of this title; and</DELETED>
                <DELETED>    ``(ii) does not have dental coverage under 
                an employer-sponsored health plan.''.</DELETED>
<DELETED>    (b) Effective Date.--Section 1076c(b)(6) of title 10, 
United States Code, as added by subsection (a), shall take effect on 
the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 718. WAIVER OF COLLECTION OF PAYMENTS DUE FROM CERTAIN 
              PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.</DELETED>

<DELETED>    (a) Authority To Waive Collection.--The Secretary of 
Defense may waive (in whole or in part) the collection of payments 
otherwise due from a person described in subsection (b) as a result of 
the receipt by the person of health benefits under section 1086 of 
title 10, United States Code, after the termination of the person's 
eligibility for such benefits and may also authorize continued coverage 
of benefits under section 1086 of such title for such person for the 
period described in subsection (c).</DELETED>
<DELETED>    (b) Persons Eligible.--A person shall be eligible for 
relief under subsection (a) if the person--</DELETED>
        <DELETED>    (1) is a person described in paragraph (1) of 
        subsection (d) of section 1086, of title 10, United States 
        Code;</DELETED>
        <DELETED>    (2) in the absence of such paragraph, would have 
        been eligible for health benefits under such section;</DELETED>
        <DELETED>    (3) at the time of the receipt of such benefits, 
        satisfies the criteria specified in subparagraph (B) of 
        paragraph (2) of such subsection; and</DELETED>
        <DELETED>    (4) was unaware of the loss of eligibility to 
        receive health benefits at the time they were 
        received.</DELETED>
<DELETED>    (c) Extent of Authority.--The authority to waive the 
collection of payments and to continue coverage of benefits under this 
section shall apply during the period beginning on July 1, 1999, and 
ending on December 31, 2004, under terms established by the Secretary 
of Defense.</DELETED>
<DELETED>    (d) Quarterly Reports.--(1) The Secretary of Defense shall 
provide quarterly reports to the Committees on Armed Services of the 
Senate and House of Representatives regarding--</DELETED>
        <DELETED>    (A) efforts by the Department of Defense to 
        identify persons who satisfy the criteria specified in 
        subparagraph (B) of subsection (d)(2) of section 1086 of title 
        10, United States Code, and would be eligible for health 
        benefits under such section if the criteria specified in 
        subparagrpah (A) were also satisfied; and</DELETED>
        <DELETED>    (B) actions taken by the Department with respect 
        to persons identified under subparagraph (B) of this 
        paragraph.</DELETED>
<DELETED>    (2) The first report under paragraph (1) shall be 
submitted not later than 30 days after the end of the first quarter of 
fiscal year 2005.</DELETED>

  <DELETED>Subtitle C--Planning, Programming, and Management</DELETED>

<DELETED> SEC. 721. PILOT PROGRAM FOR TRANSFORMATION OF HEALTH CARE 
              DELIVERY.</DELETED>

<DELETED>     (a) Findings.--(1) Congress finds the 
following:</DELETED>
        <DELETED>    (A) Historically, providing military health care 
        to military beneficiaries has centered on building a military 
        medical treatment facility and providing a full range of 
        services on a military installation.</DELETED>
        <DELETED>    (B) Traditionally, in many locations the majority 
        of military personnel and their dependents who are eligible 
        beneficiaries of the military health care system do not live on 
        military installations.</DELETED>
        <DELETED>    (C) As the cost of repairing, replacing, 
        recapitalizing, or expanding aging military treatment 
        facilities and maintaining adequate health care services on 
        military installations increases, the Department of Defense 
        will be challenged to find new, more cost-effective ways of 
        providing enhanced health care for military and civilian 
        beneficiaries of the Department of Defense health care 
        system.</DELETED>
<DELETED>    (2) In view of these findings, the Secretary of Defense is 
directed to examine feasible and cost-effective methods for leveraging 
and expanding non-military health care resources to provide health care 
to military beneficiaries. Furthermore, the Secretary of Defense shall 
conduct a pilot program in accordance with this section.</DELETED>
<DELETED>    (b) Pilot Program Purposes.--The Secretary of Defense 
shall conduct a pilot program at one or more military installations for 
purposes of testing--</DELETED>
        <DELETED>    (1) the feasibility and cost effectiveness of 
        expanding use of non-military health care resources, 
        particularly in cases in which such use would reduce or 
        eliminate the need for military medical construction 
        projects;</DELETED>
        <DELETED>    (2) initiatives that build cooperative health care 
        arrangements and agreements between military installations and 
        local and regional non-military health care systems; 
        and</DELETED>
        <DELETED>    (3) development of an integrated, long range 
        business plan for the delivery of health care services for 
        military beneficiaries, incorporating present and potential 
        future capabilities in the non-military health care 
        sector.</DELETED>
<DELETED>    (c) Requirements of Pilot Program.--In conducting the 
pilot program, the Secretary of Defense shall--</DELETED>
        <DELETED>    (1) identify and analyze health care delivery 
        options that range from outsourcing all health care delivery 
        services to the private sector to providing some health care 
        services in military facilities located on the 
        installation;</DELETED>
        <DELETED>    (2) determine the cost avoidance or savings 
        resulting from innovative partnerships between the Department 
        of Defense and the private sector and limiting recapitalization 
        costs in military facilities;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) determine the opportunities for and barriers 
        to coordinating and leveraging the use of existing health care 
        resources, including Federal, State, local, and contractor 
        assets; and</DELETED>
        <DELETED>    (5) develop recommendations for a model health 
        care delivery system that may be used at other military 
        installations.</DELETED>
<DELETED>    (d) Consultation Requirements.--The Secretary of Defense 
shall develop the pilot program in consultation with the Secretaries of 
the military departments, representatives from the military 
installation selected for the pilot program, Federal, State, and local 
entities, and the TRICARE managed care support contractor with 
responsibility for that installation.</DELETED>
<DELETED>    (e) Selection of Military Installation.--The pilot program 
shall be implemented at one or more military installations selected by 
the Secretary of Defense. At least one of the selected military 
installations shall meet the following criteria:</DELETED>
        <DELETED>    (1) The military installation is an Army 
        installation located in a rural area.</DELETED>
        <DELETED>    (2) The military installation has members of the 
        Armed Forces on active duty and members of reserve components 
        of the Armed Forces that use the installation as a training and 
        operational base, with members routinely deploying in support 
        of the global war on terrorism.</DELETED>
        <DELETED>    (3) The number of members of the Armed Forces on 
        active duty permanently assigned to the military installation 
        is expected to increase over the next five years.</DELETED>
        <DELETED>    (4) One or more partnerships exist at the military 
        installation with civilian health care entities in the form of 
        limited specialty care services in the military medical 
        treatment facility on the installation.</DELETED>
        <DELETED>    (5) There is a military treatment facility on the 
        installation that does not have inpatient or trauma center care 
        capabilities.</DELETED>
        <DELETED>    (6) There is a civilian community hospital within 
        15 miles of the military installation with limited capability 
        to expand inpatient care beds, intensive care, and specialty 
        services.</DELETED>
        <DELETED>    (7) There is no civilian hospital with a trauma 
        center within 50 miles from the military 
        installation.</DELETED>
<DELETED>    (f) Duration of Pilot Program.--Implementation of the 
pilot program developed under this subsection shall begin not later 
than May 1, 2005, and shall be conducted during fiscal years 2005, 
2006, and 2007.</DELETED>
<DELETED>    (g) Funds.--For fiscal year 2005, not more than $5,000,000 
of the amount appropriated pursuant to the authorization for operations 
and maintenance for the Defense Health Program in section 303(a) may be 
used to conduct the pilot program under this section.</DELETED>
<DELETED>    (h) Reports.--Not later than July 1, 2005, the Secretary 
of Defense shall submit an interim report to the Committees on Armed 
Services of the Senate and of the House of Representatives describing 
the details of the pilot program. Not later than July 1, 2007, the 
Secretary of Defense shall submit to such committees a final report 
describing the results of the pilot program with recommendations for a 
model health care delivery system for other military 
installations.</DELETED>

<DELETED>SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSEMENT TO 
              HOSPITALS FOR CERTAIN MILITARY DISABILITY 
              RETIREES.</DELETED>

<DELETED>    (a) Study.--The Secretary of Defense shall conduct a study 
of the feasibility, and of the desirability, of providing that a member 
of the uniformed services retired under chapter 61 of title 10, United 
States Code, for a combat-related disability (as defined in section 
1413a(e) of that title) shall be provided reimbursement for the travel 
expenses of such member for travel, during the two-year period 
beginning on the date of the retirement of the member, to a military 
treatment facility for medical care. The Secretary shall include in 
that study consideration of whether reimbursement under such a plan 
should, as nearly as practicable, be under the same terms and 
conditions, and at the same rate, as apply to beneficiary travel 
reimbursement provided by the Secretary of Veterans Affairs under 
section 111 of title 38, United States Code.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 723. STUDY OF MENTAL HEALTH SERVICES.</DELETED>

<DELETED>    (a) Study Required.--The Secretary of Defense shall 
conduct a study of mental health services available to members of the 
Armed Forces.</DELETED>
<DELETED>    (b) Persons Covered.--The study shall evaluate the 
availability and effectiveness of existing mental health treatment and 
screening resources--</DELETED>
        <DELETED>    (1) for members of the Armed Forces during a 
        deployment to a combat theater;</DELETED>
        <DELETED>    (2) for members of the Armed Forces returning from 
        a deployment to a combat theater, both--</DELETED>
                <DELETED>    (A) in the short-term, post-deployment 
                period; and</DELETED>
                <DELETED>    (B) in the long-term, following the post-
                deployment period;</DELETED>
        <DELETED>    (3) for the families of members of the Armed 
        Forces who have been deployed to a combat theater during the 
        time of the deployment;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) for members of the Armed Forces and their 
        families described in this subsection who are members of 
        Reserve components.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the extent to which existing confidentiality 
        regulations, or lack thereof, inhibit members of the Armed 
        Forces from seeking mental health treatment;</DELETED>
        <DELETED>    (2) the implications that a decision to seek 
        mental health services can have on a military career;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Report.--The Secretary of Defense shall submit to 
Congress a report on the study conducted under this section not later 
than 90 days after the date of the enactment of this Act. The report 
shall contain the results of the study and make specific 
recommendations--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) for removing or mitigating any obstacles 
        identified under subsection (c); and</DELETED>
        <DELETED>    (3) for steps that can be taken by the Department 
        of Defense or Congress to bring parity to mental health 
        services available to members of Reserve components and members 
        of the Armed Forces on active duty.</DELETED>

 <DELETED>TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
                       RELATED MATTERS</DELETED>

  <DELETED>Subtitle A--Amendments to General Contracting Authorities, 
                 Procedures, and Limitations</DELETED>

<DELETED>SEC. 801. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT 
              EMERGENCIES.</DELETED>

<DELETED>    (a) In General.--Chapter 141 of title 10, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 2410p. Rapid acquisition authority to respond to combat 
              emergencies</DELETED>
<DELETED>    ``(a) Rapid Acquisition Authority.--The Secretary of 
Defense may rapidly acquire, in accordance with this section, equipment 
needed by a combatant commander to eliminate a combat capability 
deficiency that has resulted in combat fatalities.</DELETED>
<DELETED>    ``(b) Process for Rapid Acquisition.--Not later than 30 
days after the date of the enactment of this section, the Secretary of 
Defense shall develop a process for the rapid acquisition authority 
provided by subsection (a) and submit to Congress a detailed 
explanation of the process, including procedures to be followed in 
carrying out the process. The process shall provide for the 
following:</DELETED>
        <DELETED>    ``(1) A requirement that the process may be used 
        only to acquire the minimum amount of equipment needed until 
        the needs of the combatant commander can be fulfilled under 
        existing acquisition statutes, policies, directives, and 
        regulations.</DELETED>
        <DELETED>    ``(2) A goal of awarding a contract for the 
        equipment within 15 days after receipt of a request from a 
        commander.</DELETED>
        <DELETED>    ``(3) In a case in which the equipment cannot be 
        acquired without an extensive delay, a requirement for an 
        interim solution to minimize the combat capability deficiency 
        and combat fatalities until the equipment can be 
        acquired.</DELETED>
        <DELETED>    ``(4) Waiver of the applicability of all policies, 
        directives, and regulations related to--</DELETED>
                <DELETED>    ``(A) the establishment of the requirement 
                for the equipment;</DELETED>
                <DELETED>    ``(B) the research, development, test, and 
                evaluation of the equipment; and</DELETED>
                <DELETED>    ``(C) the solicitation and selection of 
                sources, and the award of the contract, for procurement 
                of the equipment.</DELETED>
        <DELETED>    ``(5) Such other procedures or requirements as the 
        Secretary considers appropriate.</DELETED>
<DELETED>    ``(c) Waiver of Certain Statutes.--For purposes of 
exercising the authority provided by subsection (a) with respect to 
equipment, laws relating to the following shall not apply:</DELETED>
        <DELETED>    ``(A) The establishment of the requirement for the 
        equipment.</DELETED>
        <DELETED>    ``(B) The research, development, test, and 
        evaluation of the equipment.</DELETED>
        <DELETED>    ``(C) The solicitation and selection of sources, 
        and the award of the contract, for procurement of the 
        equipment.</DELETED>
<DELETED>    ``(d) Limitations.--The rapid acquisition authority 
provided by subsection (a) may be used only--</DELETED>
        <DELETED>    ``(1) after the Secretary of Defense, without 
        delegation, determines in writing that there exists a combat 
        capability deficiency that has resulted in combat fatalities; 
        and</DELETED>
        <DELETED>    ``(2) to acquire equipment in an amount 
        aggregating not more than $100,000,000 during a fiscal 
        year.</DELETED>
<DELETED>    ``(e) Source of Funds.--For acquisitions under this 
section to be made during any fiscal year, the Secretary may use any 
funds made available to the Department of Defense for that fiscal 
year.</DELETED>
<DELETED>    ``(f) Notification to Congress After Each Use of 
Authority.--The Secretary of Defense shall notify the congressional 
defense committees within 15 days after each use of the authority 
provided by subsection (a). Each such notice shall identify the 
equipment to be acquired, the amount to be expended for such 
acquisition, and the source of funds for such acquisition.</DELETED>
<DELETED>    ``(g) Combatant Commander.--In this section, the term 
`combatant commander' means the commander of a unified combatant 
command with authority for the conduct of operations in a specific area 
of responsibility or who otherwise has authority to conduct operations 
at the direction of the President or Secretary of Defense.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``2410p. Rapid acquisition authority to respond to combat 
                            emergencies.''.

<DELETED>SEC. 802. DEFENSE ACQUISITION WORKFORCE CHANGES.</DELETED>

<DELETED>    (a) Selection Criteria and Procedures.--Section 
1732(b)(1)(A) of title 10, United States Code, is amended by striking 
``within grade GS-13 or above of the General Schedule'' and inserting 
``in any position designated by the Secretary of Defense''.</DELETED>
<DELETED>    (b) Critical Acquisition Positions.--Section 1733 of such 
title is amended by striking subsection (b) and inserting the 
following:</DELETED>
<DELETED>    ``(b) Designation of Critical Acquisition.--(1) The 
Secretary of Defense shall designate the acquisition positions in the 
Department of Defense that are critical acquisition positions. Such 
positions shall include the following:</DELETED>
        <DELETED>    ``(A) Program executive officer.</DELETED>
        <DELETED>    ``(B) Program manager of a major defense 
        acquisition program (as defined in section 2430 of this title) 
        or of a significant nonmajor defense acquisition program (as 
        defined in section 1737(a)(3) of this title).</DELETED>
        <DELETED>    ``(C) Deputy program manager of a major defense 
        acquisition program.</DELETED>
        <DELETED>    ``(D) Any other acquisition position of 
        significant responsibility determined by the Secretary to be 
        critical.</DELETED>
<DELETED>    ``(2) The Secretary shall annually publish a list of the 
positions designated under this subsection.''.</DELETED>
<DELETED>    (c) Scholarship Programs.--Section 1742 of such title is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``(a) Programs.--'' at the 
        beginning of the text; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(b) Scholarship Program Requirements.--With respect to 
any scholarship program conducted under this section, the Secretary of 
Defense and the participant shall agree in writing to the terms of the 
scholarship. The agreement shall include the obligations of the 
Secretary and the participant, as well as actions available for either 
party to take if there is a failure to meet the obligations under the 
agreement.''.</DELETED>

<DELETED>SEC. 803. LIMITATION ON TASK AND DELIVERY ORDER 
              CONTRACTS.</DELETED>

<DELETED>    Subsection 2304a(f) of title 10, United States Code, is 
amended to read as follows:</DELETED>
<DELETED>    ``(f) Contract Period.--The head of an agency entering 
into a task or delivery order contract under this section may provide 
for the contract to cover any base period up to five years and may 
extend the contract period for one or more successive periods pursuant 
to an option provided in the contract or a modification to the 
contract.''.</DELETED>

<DELETED>SEC. 804. FUNDING FOR CONTRACT CEILINGS FOR CERTAIN MULTIYEAR 
              PROCUREMENT CONTRACTS.</DELETED>

<DELETED>    (a) Multiyear Contracts Relating to Property.--Section 
2306b(g) of title 10, United States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' before ``Before 
        any'';</DELETED>
        <DELETED>    (2) by striking ``Committee'' through ``House of 
        Representatives'' and inserting ``congressional defense 
        committees''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) the cancellation ceiling amounts planned for 
        each program year in the proposed multiyear procurement 
        contract, together with the reasons for the amounts 
        planned;</DELETED>
        <DELETED>    ``(B) the extent to which costs of contract 
        cancellation are not included in the budget for the contract; 
        and</DELETED>
        <DELETED>    ``(C) a financial risk assessment of not including 
        budgeting for costs of contract cancellation, including 
        proposed funding sources to meet such cancellation costs if the 
        contract is canceled.''.</DELETED>
<DELETED>    (b) Multiyear Contracts Relating to Services.--Section 
2306c(d) of title 10, United States Code, is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by amending paragraph (5) to read as 
        follows:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) the cancellation ceiling amounts planned for 
        each program year in the proposed multiyear procurement 
        contract, together with the reasons for the amounts 
        planned;</DELETED>
        <DELETED>    ``(B) the extent to which costs of contract 
        cancellation are not included in the budget for the contract; 
        and</DELETED>
        <DELETED>    ``(C) a financial risk assessment of not including 
        budgeting for costs of contract cancellation, including 
        proposed funding sources to meet such cancellation costs if the 
        contract is canceled.''</DELETED>

<DELETED>SEC. 805. INCREASED THRESHOLD FOR REQUIRING CONTRACTORS TO 
              PROVIDE SPECIFIED EMPLOYEE INFORMATION TO COOPERATIVE 
              AGREEMENT HOLDERS.</DELETED>

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

<DELETED>SEC. 806. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 
              ACQUISITION PROCEDURES.</DELETED>

<DELETED>    Section 4202(e) of the Clinger-Cohen Act (division D of 
Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended by 
striking ``January 1, 2006'' and inserting ``October 1, 
2009''.</DELETED>

<DELETED>SEC. 807. AUTHORITY TO ADJUST ACQUISITION-RELATED DOLLAR 
              THRESHOLDS FOR INFLATION.</DELETED>

<DELETED>    (a) Inflation Adjustment Authority.--The FAR Council and 
the heads of executive agencies may adjust the dollar thresholds in 
procurement laws in order to maintain the constant dollar value of the 
threshold, taking into account the effect of inflation on the 
threshold.</DELETED>
<DELETED>    (b) Limitation on Exercise of Authority.--Adjustments of 
dollar thresholds under subsection (a) may be carried out--</DELETED>
        <DELETED>    (1) by the FAR Council only with respect to 
        procurement laws that apply to executive agencies generally; 
        and</DELETED>
        <DELETED>    (2) by the head of an executive agency only with 
        respect to procurement laws that apply to that agency 
        exclusively.</DELETED>
<DELETED>    (c) Additional Requirements.--In adjusting a threshold 
under subsection (a), the FAR Council and the head of an agency shall--
</DELETED>
        <DELETED>    (2) consult with the Director of the Office of 
        Management and Budget;</DELETED>
        <DELETED>    (3) round the threshold, to facilitate 
        implementation; and</DELETED>
        <DELETED>    (4) publish the adjusted threshold in the Federal 
        Register.</DELETED>
<DELETED>    (d) Exclusions.--This section does not apply to--
</DELETED>
        <DELETED>    (1) dollar thresholds in sections 3141 through 
        3144, 3146, and 3147 of title 40, United States Code;</DELETED>
        <DELETED>    (2) dollar thresholds in the Service Contract Act 
        of 1965 (41 U.S.C. 351, et seq.); or</DELETED>
        <DELETED>    (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.).</DELETED>
<DELETED>    (e) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The term ``procurement law'' means any 
        provision of law that sets forth policies, procedures, 
        requirements, or restrictions for the procurement of property 
        or services by the Federal Government.</DELETED>
        <DELETED>    (2) The terms ``executive agency'' and 
        ``procurement'' have the meanings provided by section 4(1) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        403(1))</DELETED>
        <DELETED>    (3) The term ``FAR Council'' means the Federal 
        Acquisition Regulatory Council established under section 25 of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        421)).</DELETED>

      <DELETED>Subtitle B--United States Defense Industrial Base 
                          Provisions</DELETED>

<DELETED>SEC. 811. DEFENSE TRADE RECIPROCITY.</DELETED>

<DELETED>    (a) In General.--Chapter 148 of title 10, United States 
Code, is amended by inserting after section 2532 the following new 
section:</DELETED>
<DELETED>``Sec. 2532a. Defense trade reciprocity</DELETED>
<DELETED>    ``(a) Policy.--(1) It is the policy of Congress that 
procurement regulations used in the conduct of trade in defense 
articles and defense services shall be based on the principle of fair 
trade and reciprocity consistent with United States national security, 
including the need to ensure comprehensive manufacturing capability in 
the United States defense industrial base for military system essential 
items.</DELETED>
<DELETED>    ``(2) The Secretary of Defense shall make every effort to 
ensure that the policies and practices of the Department of Defense 
reflect the goal of establishing an equitable trading relationship 
between the United States and its foreign defense trade partners, 
including ensuring that United States firms and United States 
employment in the defense sector are not disadvantaged by unilateral 
procurement practices by foreign governments, such as the imposition of 
offset agreements or similar requirements in defense procurements by 
those governments. In pursuing this goal, the Secretary shall--
</DELETED>
        <DELETED>    ``(A) develop a comprehensive defense acquisition 
        trade policy that provides the necessary guidance and 
        incentives for the elimination of offset agreements as an 
        accepted practice in defense trade; and</DELETED>
        <DELETED>    ``(B) review and make necessary modifications to 
        existing acquisition policies and strategies, and review and 
        seek to make necessary modifications to existing memoranda of 
        understanding, cooperative project agreements, or related 
        agreements with foreign defense trade partners, to reflect this 
        goal.</DELETED>
<DELETED>    ``(b) Requirement.--The Secretary of Defense may not enter 
into a contract, or approve or permit any subcontract under a contract 
entered into by the Department of Defense, for the procurement of any 
defense article or defense service from a foreign firm unless the 
country in which the foreign firm performs substantially all of its 
manufacturing, production, and research and development activities in 
the performance of the contract (or subcontract) agrees to apply offset 
agreements to the procurement of defense articles and defense services 
from the United States firms in the same manner and to the same degree 
as such agreements are applied by the Department of Defense to the 
procurement of defense articles and defense services from that 
country.</DELETED>
<DELETED>    ``(c) Exception.--Subsection (b) does not apply to a 
contract or subcontract for the procurement of a defense article or 
defense service from a foreign firm if the Secretary of Defense 
determines in writing, with respect to the specific contract or 
subcontract, that an exception to subsection (b) is necessary for the 
Department to be able to meet national security objectives.</DELETED>
<DELETED>    ``(d) Notification Required When Exception Applied.--The 
Secretary of Defense may not apply an exception under subsection (c) 
until--</DELETED>
        <DELETED>    ``(1) a notification of the intent to apply such 
        exception is submitted to the congressional defense committees 
        and published in the Federal Register; and</DELETED>
        <DELETED>    ``(2) a period of 30 days has expired after the 
        date on which such notification is so submitted and 
        published.</DELETED>
<DELETED>    ``(e) Authority to Apply Exception Not Delegable.--The 
authority of the Secretary to apply the exception under subsection (c) 
may not be delegated to any officer or employee in a position at a 
level lower than the position of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics.-</DELETED>
<DELETED>    ``(f) Regulations.--The Secretary shall prescribe 
regulations to implement this section in the Department of Defense 
supplement to the Federal Acquisition Regulation.</DELETED>
<DELETED>    ``(g) Effective Date.--This section and the regulations 
prescribed under this section shall apply to contracts and subcontracts 
entered into on and after the date occurring one year after the date of 
the enactment of this Act.</DELETED>
<DELETED>    ``(h) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) The term `foreign firm' means a business 
        entity that performs substantially all of its manufacturing, 
        production, and research and development activities outside of 
        the United States.</DELETED>
        <DELETED>    ``(2) The term `United States firm' means a 
        business entity that performs substantially all of its 
        manufacturing, production, and research and development 
        activities in the United States.</DELETED>
        <DELETED>    ``(3) The term `foreign defense trade partner' 
        means a foreign country with respect to which there is--
        </DELETED>
                <DELETED>    ``(A) a memorandum of understanding or 
                related agreement described in section 2531(a) of title 
                10, United States Code; or</DELETED>
                <DELETED>    ``(B) a cooperative project agreement 
                described in section 27 of the Arms Export Control Act 
                (22 U.S.C. 2767).</DELETED>
        <DELETED>    ``(4) The term `offset agreement' has the meaning 
        provided that term by section 36(e) of the Arms Export Control 
        Act (22 U.S.C. 2776(e)).</DELETED>
        <DELETED>    ``(5) The terms `defense article' and `defense 
        service' have the meanings provided those terms by section 
        47(7) of the Arms Export Control Act (22 U.S.C. 
        2794(7)).</DELETED>
        <DELETED>    ``(6) The term `military system essential item' 
        means an item on the military system essential item breakout 
        list produced pursuant to section 813(b) of the National 
        Defense Authorization Act for Fiscal Year 2004 (P.L. 108-136; 
        117 Stat. 1544).''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``2532a. Defense trade reciprocity.''.

<DELETED>SEC. 812. AMENDMENTS TO DOMESTIC SOURCE 
              REQUIREMENTS.</DELETED>

<DELETED>    (a) Notice.--Section 2533a of title 10, United States 
Code, is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(k) Notification Required When Certain Exceptions 
Applied.--(1) Funds appropriated or otherwise available to the 
Department of Defense may not be used to enter into a contract to 
procure an item described in subsection (b) pursuant to an exception 
set forth in subsection (c) or (e) until--</DELETED>
        <DELETED>    ``(A) a notification of the intent to apply such 
        exception is submitted to Congress and posted on the website 
        maintained by the General Services Administration known as 
        FedBizOpps.gov (or any successor site); and</DELETED>
        <DELETED>    ``(B) a period of 15 days has expired after the 
        date on which such notification is so submitted and 
        published.</DELETED>
<DELETED>    ``(2) In any case in which the Secretary of Defense or the 
Secretary of the military department concerned intends to apply or 
applies the exception set forth in subsection (d)(1), the Secretary 
concerned shall submit to Congress a notification of such intent or 
such application during the period beginning six months before the date 
of application of such exception and ending six months after the date 
of application of such exception.''.</DELETED>
<DELETED>    (b) Clothing Materials and Components Covered.--Subsection 
(b) of section 2533a of title 10, United States Code, is amended in 
paragraph (1)(B) by inserting before the semicolon the following: ``and 
the materials and components thereof, other than sensors, electronics, 
or other items added to, and not normally associated with, clothing 
(and the materials and components thereof)''.</DELETED>

<DELETED>SEC. 813. THREE-YEAR EXTENSION OF RESTRICTION ON ACQUISITION 
              OF POLYACRYLONITRILE (PAN) CARBON FIBER FROM FOREIGN 
              SOURCES.</DELETED>

<DELETED>    The Secretary of Defense shall delay by three years the 
phase-out of the restriction on acquisition of polyacrylonitrile (PAN) 
carbon fiber from foreign sources (described in subpart 225.7103 of the 
Department of Defense supplement to the Federal Acquisition 
Regulation). In implementing such delay, the Secretary shall revise the 
appplicable regulations to ensure that such restriction applies to--
</DELETED>
        <DELETED>    (1) solicitations and contracts issued on or 
        before May 31, 2006, for major systems that are not yet in 
        production; and</DELETED>
        <DELETED>    (2) solicitations and contracts issued during the 
        period beginning June 1, 2006, and ending May 31, 2008, for 
        major systems that are not yet in engineering and manufacturing 
        development.</DELETED>

<DELETED>SEC. 814. GRANT PROGRAM FOR DEFENSE CONTRACTORS TO IMPLEMENT 
              STRATEGIES TO AVOID OUTSOURCING OF JOBS.</DELETED>

<DELETED>    (a) Grant Program Authorized.--The Secretary of Defense 
may make grants under this section for fiscal year 2005 to qualified 
defense contractor groups for the purposes described in subsection 
(b).</DELETED>
<DELETED>    (b) Grant Purposes.--A grant may be made under this 
section for the purpose of implementing a strategy to avoid the 
outsourcing of jobs by a defense contractor, including the following 
strategies:</DELETED>
        <DELETED>    (1) Cost-cutting measures.</DELETED>
        <DELETED>    (2) Retraining programs.</DELETED>
        <DELETED>    (3) Technology development.</DELETED>
        <DELETED>    (4) Plant upgrades.</DELETED>
<DELETED>    (c) Application.--A grant may not be awarded under this 
section unless an application is submitted to, and approved by, the 
Secretary. Such an application--</DELETED>
        <DELETED>    (1) shall be submitted by a qualified defense 
        contractor group in such form and manner as the Secretary may 
        require; and</DELETED>
        <DELETED>    (2) shall contain--</DELETED>
                <DELETED>    (A) a description of the strategy proposed 
                for avoiding the outsourcing of at least 10 jobs in the 
                performance of a defense contract by the defense 
                contractor concerned; and</DELETED>
                <DELETED>    (B) such other information as the 
                Secretary may require.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The term ``qualified defense contractor 
        group'', with respect to a defense contractor, is a group or 
        person representing--</DELETED>
                <DELETED>    (A) management of the 
                contractor;</DELETED>
                <DELETED>    (B) a labor organization that represents 
                employees of the contractor; or</DELETED>
                <DELETED>    (C) employees of the contractor.</DELETED>
        <DELETED>    (2) The term ``outsourcing'', with respect to a 
        defense contract, includes the performance outside the United 
        States of work under the contract.</DELETED>
<DELETED>    (e) Federal Share.--The Federal share of the costs of the 
strategy carried out with a grant under this section may not exceed 50 
percent.</DELETED>
<DELETED>    (f) Use of Defense Industrial Capabilities Fund for 
Grants.--(1) Notwithstanding section 814(c) of the National Defense 
Authorization Act for Fiscal Year 2004 (P.L. 108-136; 117 Stat. 1545), 
amounts in the Defense Industrial Base Capabilities Fund may be used 
for grants under this section.</DELETED>
<DELETED>    (2) For fiscal year 2005, up to $50,000,000 of amounts 
available in such Fund may be used to carry out this section.</DELETED>
<DELETED>    (g) Authorization of Funds.--There are authorized to be 
appropriated to the Defense Industrial Base Capabilities Fund 
$50,000,000 for purposes of providing grants under this 
section.</DELETED>

<DELETED>SEC. 815. PREFERENCE FOR DOMESTIC FREIGHT FORWARDING 
              SERVICES.</DELETED>

<DELETED>    (a) Preference.--In the procurement of transportation 
services described in subsection (b), the Secretary of Defense shall 
give preference to any freight forwarder that--</DELETED>
        <DELETED>    (1) certifies to the Department of Defense that it 
        is owned and controlled by citizens of the United States; 
        and</DELETED>
        <DELETED>    (2) offers services at fair and reasonable 
        rates.</DELETED>
<DELETED>    (b) Services Covered.--Subsection (a) applies to 
transportation services to, from, or within Iraq or Afghanistan, and 
warehousing, logistics, or other similar services performed within Iraq 
or Afghanistan.</DELETED>

        <DELETED>Subtitle C--Other Acquisition Matters</DELETED>

<DELETED>SEC. 821. SUSTAINMENT AND MODERNIZATION PLANS FOR EXISTING 
              SYSTEMS WHILE REPLACEMENT SYSTEMS ARE UNDER 
              DEVELOPMENT.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 2437. Development of major defense acquisition 
              programs: sustainment and modernization of system to be 
              replaced</DELETED>
<DELETED>    ``(a) Requirement for Sustaining and Modernizing Existing 
Forces.--(1) The Secretary of Defense shall require that, whenever a 
new major defense acquisition program begins development, the defense 
acquisition authority responsible for that program shall develop a plan 
(to be known as a sustainment and modernization plan) for the existing 
system that the system under development is intended to replace. Any 
such sustainment and modernization plan shall provide for budgeting, 
sustaining, and modernizing the existing system until the replacement 
system to be developed under the major defense acquisition program is 
fielded and assumes the majority responsibility for the mission of the 
existing system. This section does not apply to a major defense 
acquisition that reaches initial operational capability before October 
1, 2008.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Sustainment and Modernization Plan.--The Secretary 
of Defense shall require that each sustainment and modernization plan 
under this section include, at a minimum, the following:</DELETED>
        <DELETED>    ``(1) The milestone schedule for the development 
        of the major defense acquisition program, including low-rate 
        initial production, initial operational capability, full-rate 
        production, full operational capability, and the date when the 
        replacement system assumes the majority responsibility for the 
        mission of the existing system.</DELETED>
        <DELETED>    ``(2) An analysis of the existing system to 
        determine the following:</DELETED>
                <DELETED>    ``(A) A sustainment plan and budget 
                requirements necessary to provide service life 
                extension to the existing system at acceptable 
                reliability and availability rates.</DELETED>
                <DELETED>    ``(B) A modernization plan and budget 
                requirements necessary to maintain mission capability 
                against the relevant threats.</DELETED>
                <DELETED>    ``(C) A modernization plan and budget 
                requirements necessary--</DELETED>
                        <DELETED>    ``(i) to transfer mature 
                        technologies from the new system or other 
                        systems so that the mission capability of the 
                        existing system is enhanced against relevant 
                        threats; and</DELETED>
                        <DELETED>    ``(ii) to provide interoperability 
                        with the new system during the period from 
                        initial fielding until the new system assumes 
                        the majority of responsibility for the mission 
                        of the existing system.</DELETED>
<DELETED>    ``(c) Annual Review.--Each fiscal year, before the 
submission to Congress of the President's budget for the next fiscal 
year, the Secretary of Defense shall review the schedule performance of 
each replacement major defense acquisition program for which a 
sustainment and modernization plan has been developed under this 
section to compare that performance with the schedule set forth under 
subsection (b)(1). If the schedule for the program has changed, then 
the Secretary shall notify the congressional defense committees of such 
change.</DELETED>
<DELETED>    ``(d) Exceptions.--Subsection (a) shall not apply to a 
major defense acquisition program if the Secretary of Defense 
determines that--</DELETED>
        <DELETED>    ``(1) the existing system is no longer relevant to 
        the mission;</DELETED>
        <DELETED>    ``(2) the mission has been eliminated;</DELETED>
        <DELETED>    ``(3) the mission has been consolidated with 
        another mission in such a manner that another existing system 
        can adequately meet the mission requirements; or</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Waiver.--The Secretary of Defense may waive the 
applicability of subsection (a) to a major defense acquisition program 
if the Secretary determines that, but for such a waiver, the Department 
would be unable to meet national security objectives. Whenever the 
Secretary makes such a determination and authorizes such a waiver, the 
Secretary shall submit notice of such waiver and of the Secretary's 
determination and the reasons therefor in writing to the congressional 
defense committees.''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 822. REVIEW AND DEMONSTRATION PROJECT RELATING TO 
              CONTRACTOR EMPLOYEES.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (2) In conducting the review, the Secretary shall--
</DELETED>
        <DELETED>    (A) identify potential weaknesses and areas for 
        improvement in existing policies, procedures, practices, and 
        penalties;</DELETED>
        <DELETED>    (B) develop and implement reforms to strengthen, 
        upgrade, and improve policies, procedures, practices, and 
        penalties of the Department of Defense and its contractors; 
        and</DELETED>
        <DELETED>    (C) review and analyze reforms developed pursuant 
        to this paragraph to identify for purposes of national 
        implementation those which are most efficient and 
        effective.</DELETED>
<DELETED>    (3) The review under this subsection shall be completed 
not later than 180 days after the date of the enactment of this 
Act.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Demonstration Project Procurement Procedures.--As part 
of the demonstration project under subsection (b), the Secretary of 
Defense shall conduct a competition in which there is a provision in 
contract solicitations and request for proposal documents to require 
significant weight or credit be allocated to--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 823. DEFENSE ACQUISITION WORKFORCE LIMITATION AND 
              REPORTS.</DELETED>

<DELETED>    (a) Defense Acquisition and Support Personnel 
Limitation.--(1) Effective October 1, 2005, the number of defense 
acquisition and support personnel in the Department of Defense may not 
exceed 95 percent of the baseline number.</DELETED>
<DELETED>    (2) For purposes of paragraph (1), the baseline number is 
the number of defense acquisition and support personnel as of October 
1, 2004.</DELETED>
<DELETED>    (3) All determinations of personnel strengths for purposes 
of this section shall be on the basis of full-time equivalent 
positions.</DELETED>
<DELETED>    (b) GAO Study and Report on Defense Acquisition and 
Support Personnel.--(1) The Comptroller General shall conduct a study 
of Department of Defense management of defense acquisition and support 
personnel. The study shall include--</DELETED>
        <DELETED>    (A) an analysis of the number and structure of 
        defense acquisition and support personnel; and</DELETED>
        <DELETED>    (B) an assessment of the size, mission, 
        composition, and projected workload requirements of defense 
        acquisition and support personnel.</DELETED>
<DELETED>    (2) The Comptroller General shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives a 
report on the results of the study conducted under this subsection not 
later than March 1, 2005.</DELETED>
<DELETED>    (c) Defense Acquisition University Study and Report on 
Defense Acquisition and Support Personnel.--(1) The Defense Acquisition 
University shall conduct a study of all the training programs offered 
to defense acquisition and support personnel.</DELETED>
<DELETED>    (2) The Defense Acquisition University shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the results of the study conducted under 
this subsection not later than March 1, 2005. The report shall 
include--</DELETED>
        <DELETED>    (A) the number of individuals currently certified 
        within the field they are working in; and</DELETED>
        <DELETED>    (B) recommendations on how to improve education 
        and productivity for defense acquisition and support personnel, 
        including recommendations for additional training program 
        requirements.</DELETED>
<DELETED>    (d) Definition.--In this section, the term ``defense 
acquisition and support personnel'' means members of the Armed Forces 
and civilian personnel (other than civilian personnel who are employed 
at a maintenance depot) who are assigned to, or employed in, 
acquisition organizations of the Department of Defense (as specified in 
Department of Defense Instruction numbered 5000.58, dated January 14, 
1992), and any other organization that, as determined by the Secretary, 
has acquisition as its predominant mission.</DELETED>

<DELETED>SEC. 824. PROVISION OF INFORMATION TO CONGRESS TO ENHANCE 
              TRANSPARENCY IN CONTRACTING.</DELETED>

<DELETED>    Upon request of the chairman or ranking member of the 
Committee on Armed Services of the Senate or House of Representatives, 
the Secretary of Defense shall provide, with respect to any contract or 
task or delivery order under a task or delivery order contract entered 
into by the Department of Defense, within 14 days after receipt of the 
request, unredacted copies of any documents required to be maintained 
in the contracting office contract file, the contract administration 
office contract file, and the paying office contract file pursuant to 
subpart 4.8 of the Federal Acquisition Regulation, including--
</DELETED>
        <DELETED>    (1) copies of the contract and all 
        modifications;</DELETED>
        <DELETED>    (2) orders issued under the contract;</DELETED>
        <DELETED>    (3) justifications and approvals;</DELETED>
        <DELETED>    (4) any government estimate of contract 
        price;</DELETED>
        <DELETED>    (5) source selection documentation;</DELETED>
        <DELETED>    (6) cost or price analysis;</DELETED>
        <DELETED>    (7) audit reports;</DELETED>
        <DELETED>    (8) justification for type of contract;</DELETED>
        <DELETED>    (9) authority for deviations from regulations, 
        statutory requirements, or other restrictions;</DELETED>
        <DELETED>    (10) bills, invoices, vouchers, and supporting 
        documents; and</DELETED>
        <DELETED>    (11) records of payments or receipts.</DELETED>

<DELETED>SEC. 825. REQUIREMENT TO TREAT SURETIES IN SAME MANNER AS 
              FINANCING INSTITUTIONS WHEN CONTRACTORS 
              DEFAULT.</DELETED>

<DELETED>    (a) Amendment to Title 31.--Section 3727(c) of title 31, 
United States Code, is amended by inserting ``surety on a bond provided 
in connection with a contract or other'' before ``financing 
institution''.</DELETED>
<DELETED>    (b) Amendment to Revised Statutes.--Section 3737(b) of the 
Revised Statutes (41 U.S.C. 15) is amended in the first sentence by 
inserting ``surety on a bond provided in connection with a contract,'' 
before ``or other financing institution''.</DELETED>

<DELETED>SEC. 826. PROVISIONS RELATING TO CREATION OF JOBS IN THE 
              UNITED STATES BY DEFENSE CONTRACTORS.</DELETED>

<DELETED>    (a) Authority to Exclude Certain Sources on Basis of 
Creation of Jobs in United States.--Section 2304(b)(1) of title 10, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of subparagraph 
        (E);</DELETED>
        <DELETED>    (2) by striking the period at the end of 
        subparagraph (F) and inserting ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subparagraph:</DELETED>
        <DELETED>    ``(G) would create jobs in the United 
        States.''.</DELETED>
<DELETED>    (b) Requirement To Include Creation of Jobs in United 
States as Evalation Factor.--(1) Section 2305(a)(3)(A) of title 10, 
United States Code, is amended--</DELETED>
        <DELETED>    (A) by striking ``and'' at the end of clause 
        (ii);</DELETED>
        <DELETED>    (B) by redesignating clause (iii) as clause (iv); 
        and</DELETED>
        <DELETED>    (C) by inserting after clause (ii) the following 
        new clause:</DELETED>
        <DELETED>    ``(iii) shall include the creation of jobs in the 
        United States as an evaluation factor that must be considered 
        in the evaluation of proposals; and''.</DELETED>
<DELETED>    (2) Section 2305(a)(3)(B) of such title is amended by 
striking ``clause (iii)'' and inserting ``clause (iv)''.</DELETED>

                   <DELETED>TITLE IX--DEPARTMENT OF 
             DEFENSE ORGANIZATION AND MANAGEMENT</DELETED>

<DELETED>SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY TO 
              SECRETARY OF THE NAVY AND MARINE CORPS.</DELETED>

<DELETED>    (a) Change in Title.--The position of the Secretary of the 
Navy is hereby redesignated as the Secretary of the Navy and Marine 
Corps.</DELETED>
<DELETED>    (b) References.--Any reference to the Secretary of the 
Navy in any law, regulation, document, record, or other paper of the 
United States shall be considered to be a reference to the Secretary of 
the Navy and Marine Corps.</DELETED>

<DELETED>SEC. 902. TRANSFER OF CENTER FOR THE STUDY OF CHINESE MILITARY 
              AFFAIRS FROM NATIONAL DEFENSE UNIVERSITY TO UNITED 
              STATES-CHINA ECONOMIC AND SECURITY REVIEW 
              COMMISSION.</DELETED>

<DELETED>    (a) Transfer.--The Center for the Study of Chinese 
Military Affairs established by section 914 of the National Defense 
Authorization Act for Fiscal Year 2000 (10 U.S.C. 2165 note) is 
transferred from the National Defense University of the Department of 
Defense to the United States-China Economic and Security Review 
Commission.</DELETED>
<DELETED>    (b) Conforming Amendment.--Subsection (a) of section 914 
of the National Defense Authorization Act for 2000 (10 U.S.C. 2165 
note) is amended to read as follows:</DELETED>
<DELETED>    ``(a) Establishment.--There shall be a Center for the 
Study of Chinese Military Affairs organized under the United States-
China Economic and Security Review Commission established by section 
1238 of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (22 U.S.C. 7002).''.</DELETED>
<DELETED>    (c) Repeal of Obsolete Provisions.--Such section is 
further amended by striking subsections (d) and (e).</DELETED>
<DELETED>    (d) Technical Amendments to Commission Charter.--(1) 
Section 1238(c) of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (22 U.S.C. 7002) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``(beginning in 2002)''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                sentence: ``The report shall include a full discussion 
                of the activities of the Commission under each of the 
                subparagraphs of paragraph (2).''; and</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) by striking the matter preceding 
                subparagraph (A) and inserting the following:</DELETED>
        <DELETED>    ``(2) Areas of focus.--The Commission shall focus, 
        in lieu of any other area of work or study, on the 
        following:''; and</DELETED>
                <DELETED>    (B) by replacing subparagraphs (A) through 
                (J) with the text of subparagraphs (A) through (I) of 
                section 2(c)(2) of division P of Public Law 108-7 (22 
                U.S.C. 7002 note).</DELETED>
<DELETED>    (2) Section 2(c)(2) of division P of Public Law 108-7 (22 
U.S.C. 7002 note) is repealed.</DELETED>
<DELETED>    (e) Effective Date.--Subsection (a) and the amendment made 
by subsection (b) shall take effect at the end of the 90-day period 
beginning on the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 903. TRANSFER TO SECRETARY OF THE ARMY OF RESPONSIBILITY 
              FOR ASSEMBLED CHEMICAL WEAPONS ALTERNATIVES 
              PROGRAM.</DELETED>

<DELETED>    Effective January 1, 2005, the text of section 142 of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 50 U.S.C. 1521 note) is amended to read as 
follows:</DELETED>
<DELETED>    ``(a) Program Management.--(1) The program manager for the 
Assembled Chemical Weapons Alternatives program shall report to the 
Secretary of the Army.</DELETED>
<DELETED>    ``(2) The Secretary of the Army shall provide for that 
program to be managed as part of the management organization within the 
Department of the Army specified in section 1412(e) of Public Law 99-
145 (50 U.S.C. 1521(e)).</DELETED>
<DELETED>    ``(b) Continued Implementation of Previously Selected 
Alternative Technologies.--(1) In carrying out the destruction of 
lethal chemical munitions at Pueblo Chemical Depot, Colorado, the 
Secretary of the Army shall continue to implement fully the alternative 
technology for such destruction at that depot selected by the Under 
Secretary of Defense for Acquisition, Technology, and Logistics on July 
16, 2002.</DELETED>
<DELETED>    ``(2) In carrying out the destruction of lethal chemical 
munitions at Blue Grass Army Depot, Kentucky, the Secretary of the Army 
shall continue to implement fully the alternative technology for such 
destruction at that depot selected by the Under Secretary of Defense 
for Acquisition, Technology, and Logistics on February 3, 
2003.''.</DELETED>

<DELETED>SEC. 904. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER 
              NATIONAL SECURITY EDUCATION PROGRAM.</DELETED>

<DELETED>    (a) In General.--Subsection (b)(2) of section 802 of the 
David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) 
is amended by striking subparagraphs (A) and (B), as added by section 
925(a) of the National Defense Authorization Act for Fiscal Year 2004 
(Public Law 108-136; 117 Stat. 1578), and inserting the 
following:</DELETED>
                <DELETED>    ``(A) in the case of a recipient of a 
                scholarship, as soon as practicable but in no case 
                later than three years after the completion by the 
                recipient of the study for which scholarship assistance 
                was provided under the program, the recipient shall 
                work for a period of one year--</DELETED>
                        <DELETED>    ``(i) in a national security 
                        position that the Secretary certifies is 
                        appropriate to use the unique language and 
                        region expertise acquired by the recipient 
                        pursuant to such study in the Department of 
                        Defense, in any element of the intelligence 
                        community, in the Department of Homeland 
                        Security, or in the Department of State; 
                        or</DELETED>
                        <DELETED>    ``(ii) in such a position in any 
                        other Federal department or agency not referred 
                        to in clause (i) if the recipient demonstrates 
                        to the Secretary that no position is available 
                        in a Federal department or agency specified in 
                        clause (i); or</DELETED>
                <DELETED>    ``(B) in the case of a recipient of a 
                fellowship, as soon as practicable but in no case later 
                than two years after the completion by the recipient of 
                the study for which fellowship assistance was provided 
                under the program, the recipient shall work for a 
                period equal to the duration of assistance provided 
                under the program, but in no case less than one year--
                </DELETED>
                        <DELETED>    ``(i) in a position described in 
                        subparagraph (A)(i) that the Secretary 
                        certifies is appropriate to use the unique 
                        language and region expertise acquired by the 
                        recipient pursuant to such study; or</DELETED>
                        <DELETED>    ``(ii) in such a position in any 
                        other Federal department or agency not referred 
                        to in clause (i) if the recipient demonstrates 
                        to the Secretary that no position is available 
                        in a Federal department or agency specified in 
                        clause (i); and''.</DELETED>
<DELETED>    (b) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out the amendment made by subsection (a). In 
prescribing such regulations, the Secretary shall establish standards 
that recipients of scholarship and fellowship assistance under the 
program under such section 802 are required to demonstrate to satisfy 
the requirement of a good faith effort to gain employment as required 
under subparagraphs (A) and (B) of subsection (b)(2) of such 
section.</DELETED>
<DELETED>    (c) Applicability.--(1) The amendment made by subsection 
(a) shall apply with respect to service agreements entered into under 
the David L. Boren National Security Education Act of 1991 on or after 
the date of the enactment of this Act.</DELETED>
<DELETED>    (2) The amendment made by subsection (a) shall not affect 
the force, validity, or terms of any service agreement entered into 
under the David L. Boren National Security Education Act of 1991 before 
the date of the enactment of this Act that is in force as of that 
date.</DELETED>

<DELETED>SEC. 905. CHANGE OF MEMBERSHIP OF CERTAIN COUNCILS.</DELETED>

<DELETED>    (a) Membership of Armed Forces Policy Council.--Section 
171(a) of title 10, United States Code, is amended by adding at the end 
the following new paragraph:</DELETED>
        <DELETED>    ``(14) The Commandant of the Coast Guard, for 
        discussion of matters pertaining to the Coast 
        Guard.''.</DELETED>
<DELETED>    (b) Membership of Council Under Section 179.--Subsection 
(a) of section 179 of title 10, United States Code, is amended by 
adding at the end the following new paragraph:</DELETED>
        <DELETED>    ``(4) The Under Secretary of Defense for 
        Policy.''.</DELETED>
<DELETED>    (b) Conforming and Clarifying Amendments.--Such subsection 
is further amended in the matter preceding paragraph (1)--</DELETED>
        <DELETED>    (1) by striking ``Joint''; and</DELETED>
        <DELETED>    (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:''.</DELETED>
<DELETED>    (c) Other Technical and Clarifying Amendments.--Such 
section is further amended as follows:</DELETED>
        <DELETED>    (1) Subsection (c)(3)(B) is amended by striking 
        ``appointed'' and inserting ``designated''.</DELETED>
        <DELETED>    (2) Subsection (e) is amended by striking ``In 
        addition'' and all that follows through ``also'' and inserting 
        ``The Council shall''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (d) Stylistic Amendments.--Such section is further amended 
as follows:</DELETED>
        <DELETED>    (1) Subsection (a) is amended by inserting 
        ``Establishment; Membership.--'' after ``(a)''.</DELETED>
        <DELETED>    (2) Subsection (b) is amended by inserting 
        ``Chairman; Meetings.--'' after ``(b)''.</DELETED>
        <DELETED>    (3) Subsection (c) is amended by inserting ``Staff 
        and Administrative Services; Staff Director.--'' after 
        ``(c)''.</DELETED>
        <DELETED>    (4) Subsection (d) is amended by inserting 
        ``Responsibilities.--'' after ``(d)''.</DELETED>
        <DELETED>    (5) Subsection (e) is amended by inserting 
        ``Report on Difficulties Relating to Safety or Reliability.--'' 
        after ``(e)''.</DELETED>
        <DELETED>    (6) Subsection (f) is amended by inserting 
        ``Annual Report.--'' after ``(f)''.</DELETED>
<DELETED>    (e) Further Conforming Amendment.--Section 3212(e) of the 
National Nuclear Security Administration Act (50 U.S.C. 2402(e)) is 
amended--</DELETED>
        <DELETED>    (1) by striking ``Joint'' in the subsection 
        heading; and</DELETED>
        <DELETED>    (2) by striking ``Joint''.</DELETED>

<DELETED>SEC. 906. ACTIONS TO PREVENT THE ABUSE OF DETAINEES.</DELETED>

<DELETED>    (a) Policies Required.--The Secretary of Defense shall 
prescribe policies regarding procedures for the Armed Forces and other 
elements of the Department of Defense and contractor personnel of the 
Department of Defense intended to prevent the conditions leading to 
acts of abuse of detainees who are held by the United States as part of 
the Global War on Terrorism. Policies under this subsection shall be 
prescribed not later than 120 days after the date of the enactment of 
this Act.</DELETED>
<DELETED>    (b) Matters to be Included.--In order to achieve the 
objective stated in subsection (a), the policies on the prevention of 
abuse of detainees under that subsection shall specify, at a minimum, 
procedures for the following:</DELETED>
        <DELETED>    (1) Ensuring that commanders of detention 
        facilities and commanders of interrogation facilities provide 
        all assigned personnel (including contractor personnel) with 
        training, and documented acknowledgement of receiving training, 
        regarding the Geneva Convention Relative to the Treatment of 
        Prisoners of War and established Standing Operating Procedures 
        for the treatment of detainees. Training provided under this 
        paragraph to contractor personnel shall be at least comparable 
        in degree to that provided to members of the Armed 
        Forces.</DELETED>
        <DELETED>    (2) Providing all detainees with information, in 
        their own language, of the protections afforded under the 
        Geneva Convention Relative to the Treatment of Prisoners of 
        War.</DELETED>
        <DELETED>    (3) Conducting periodic unannounced and announced 
        inspections of prisons and other areas where detainees are held 
        in order to provide continued oversight of interrogation and 
        detention operations.</DELETED>
        <DELETED>    (4) Prohibiting contact between male guards and 
        female detainees and between female guards and male detainees, 
        except under exigent circumstances.</DELETED>
<DELETED>    (c) Reports to Congress.--The Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives--</DELETED>
        <DELETED>    (1) a copy of the policies prescribed pursuant to 
        subsection (a), immediately after those policies are 
        prescribed; and</DELETED>
        <DELETED>    (2) a report on the implementation of those 
        policies, not later than one year after the date on which those 
        policies are prescribed.</DELETED>

<DELETED>SEC. 907. RESPONSES TO CONGRESSIONAL INQUIRIES.</DELETED>

<DELETED>    (a) In General.--(1) Chapter 3 of title 10, United States 
Code, is amended by inserting after section 113a the following new 
section:</DELETED>
<DELETED>``Sec. 113b. Response to congressional inquiries</DELETED>
<DELETED>    ``Whenever the Secretary of Defense or any other official 
of the Department of Defense is requested by the chairman of the 
Committee on Armed Services of the Senate or the chairman of the 
Committee on Armed Services of the House of Representatives to respond 
to a question or inquiry submitted by the chairman or another member of 
that committee pursuant to a committee hearing or other activity, the 
Secretary (or other official) shall respond to the request, in writing, 
within 21 days of the date on which the request is transmitted to the 
Secretary (or other official).''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the item 
relating to section 113a the following new item:</DELETED>

<DELETED>``113b. Response to congressional inquiries.''.

<DELETED>SEC. 908. SECRETARY OF DEFENSE GUIDANCE ON IDENTIFICATION AND 
              INTERNAL TRANSMISSION OF CRITICAL INFORMATION.</DELETED>

<DELETED>    (a) Defense Guidance.--The Secretary of Defense shall 
establish criteria for determining the types of critical information 
required to be made known expeditiously to senior decision makers in 
the Department of Defense. The types of information specified should be 
matters of extraordinary significance and potential strategic impact 
and should be immediately necessary to facilitate timely information 
management in the high-level, decision-making process affecting 
successful mission accomplishment. The Secretary may from time to time 
modify the list to suit the current strategic situation, as necessary. 
The Secretary should provide to the Secretaries of the military 
departments, the commanders of deployed forces, and other elements of 
the Department of Defense guidance for the purposes of identifying 
those critical information requirements.</DELETED>
<DELETED>    (b) Matters To Be Included.--The guidance under subsection 
(a) shall include, at a minimum, requirement for identification of the 
following:</DELETED>
        <DELETED>    (1) Any incident that may require a military 
        contingency based on the incident's nature, gravity, or 
        potential for significant adverse consequences to United States 
        citizens, military personnel, or assets, including an incident 
        that provides opportunities for significant adverse publicity 
        of a nature that could have a strategic impact.</DELETED>
        <DELETED>    (2) Any event, development, or situation that can 
        be reasonably assumed to escalate into a significant adverse 
        incident described in paragraph (1).</DELETED>
        <DELETED>    (3) Any deficiency or error in policy, standards, 
        or training that can be reasonably assumed to foster 
        significant adverse incidents described in paragraph 
        (1).</DELETED>
<DELETED>    (c) Policy for Transmission of Information to OSD.--The 
Secretary of Defense shall establish a policy for the transmission from 
any element of the Department of Defense as expeditiously as possible 
to the Secretary of Defense and the Joint Chiefs of Staff of any 
report, assessment, or evaluation commissioned from any level within 
the Department of Defense that results in the identification of any of 
the items on the list required by subsection (a). As part of that 
policy, the Secretary should establish a timetable for transmission of 
any such report, assessment, or evaluation to the responsible major 
command upon receipt of the final document by the commissioning 
authority.</DELETED>
<DELETED>    (d) Time for Issuance of Guidance.--The Secretary of 
Defense shall establish the list required by subsection (a) and issue 
the guidance required by that subsection not later than 90 days after 
the date of the enactment of this Act.</DELETED>

             <DELETED>TITLE X--GENERAL PROVISIONS</DELETED>

            <DELETED>Subtitle A--Financial Matters</DELETED>

<DELETED>SEC. 1001. TRANSFER AUTHORITY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (2) The total amount of authorizations that the Secretary 
may transfer under the authority of this section may not exceed 
$3,000,000,000. Of such amount, $500,000,000 may be used only for a 
transfer from an account for an active component to an account for a 
reserve component, or from an account of a reserve component to an 
account of an active component, of the same Armed Force.</DELETED>
<DELETED>    (b) Limitations.--The authority provided by this section 
to transfer authorizations--</DELETED>
        <DELETED>    (1) may only be used to provide authority for 
        items that have a higher priority than the items from which 
        authority is transferred;</DELETED>
        <DELETED>    (2) may not be used to provide authority for an 
        item that has been denied authorization by Congress; 
        and</DELETED>
        <DELETED>    (3) may not be combined with the authority 
        provided under section 1519.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Notice to Congress.--The Secretary shall promptly 
notify Congress of each transfer made under subsection (a).</DELETED>

<DELETED>SEC. 1002. BUDGET JUSTIFICATION DOCUMENTS FOR OPERATION AND 
              MAINTENANCE.</DELETED>

<DELETED>    (a) In General.--(1) Chapter 9 of title 10, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 232. Operations and maintenance budget 
              presentation</DELETED>
<DELETED>    ``(a) In General.--In this section</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) The term `current year' means the fiscal 
        year during which the President's budget is submitted in any 
        year.</DELETED>
<DELETED>    ``(b) Identification of Baseline Amounts in O&M 
Justification Documents.--In any case in which the amount requested in 
the President's budget for a fiscal year for a Department of Defense 
operations and maintenance program, project, or activity is different 
from the amount appropriated for that program, project, or activity for 
the current year, the O&M justification documents supporting that 
budget shall identify that appropriated amount and the difference 
between that amount and the amount requested in the budget, stated as 
an amount and as a percentage.</DELETED>
<DELETED>    ``(c) Personal Service Contracts.--In the O&M 
justification documents for any fiscal year, costs programmed in the 
budget for that fiscal year for Department of Defense for personal 
service contracts, and the number of personal service contractors to be 
used by the Department of Defense during that fiscal year who will be 
compensated at an annual rate in excess of the annual rate of salary of 
the Vice President under section 104 of title 3, shall be separately 
set forth and identified.</DELETED>
<DELETED>    ``(d) Navy Subactivities for Ship Depot Maintenance and 
for Intermediate Ship Maintenance.--In the O&M justification documents 
for the Navy for any fiscal year, amounts requested for ship depot 
maintenance and amounts requested for intermediate ship maintenance 
shall be set forth as separate budget subactivity groups.</DELETED>
<DELETED>    ``(e) Civilian Average Salary Costs.--In the O&M 
justification documents for any fiscal year, average civilian salary 
costs, shown by subactivity group, shall be set forth as a component of 
the personnel summary exhibit.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:</DELETED>

<DELETED>``232. Operations and maintenance budget presentation.''.
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1003. RETENTION OF FEES FROM INTELLECTUAL PROPERTY 
              LICENSES.</DELETED>

<DELETED>    (a) In General.--Chapter 165 of title 10, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 2788. Licensing of intellectual property of the 
              military departments; authority to charge and retain 
              fees</DELETED>
<DELETED>    ``(a) Authority to Retain Fees.--(1) Under regulations 
prescribed by the Secretary of Defense, the Secretary concerned may 
license trademarks, service marks, certification marks, and collective 
marks owned by a military department and may retain and expend fees 
received from such licensing in accordance with subsection 
(b).</DELETED>
<DELETED>    ``(2) In this section, the terms `trademark', `service 
mark', `certification mark', `collective mark', and `mark' have the 
meanings given those terms in section 45 of the Trademark Act of 1946 
(15 U.S.C. 1127).</DELETED>
<DELETED>    ``(b) Use of Licensing Fees.--(1) Funds received by a 
military department from licensing under subsection (a)(1) shall be 
used for the expenses incurred by the department in securing the 
registration of marks owned by the department and in licensing those 
marks.</DELETED>
<DELETED>    ``(2) If the amount of fees received by a military 
department during any fiscal year from the licensing of marks exceeds 
the anticipated expenses under paragraph (1) during that year, the 
Secretary concerned may designate those funds as excess and expend them 
as provided in paragraph (3).</DELETED>
<DELETED>    ``(3) Not more than 50 percent of any such excess funds 
shall be available for military personnel recruiting and retention 
activities of the department. The remainder of such funds shall be 
available for morale, welfare, and recreation activities of the 
department.</DELETED>
<DELETED>    ``(4) Funds received pursuant to subsection (a)(1) shall 
remain available for two years after the end of the fiscal year during 
which the funds are received.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``2788. Licensing of intellectual property of the military 
                            departments; authority to charge and retain 
                            fees.''.

<DELETED>SEC. 1004. AUTHORITY TO WAIVE CLAIMS OF THE UNITED STATES WHEN 
              AMOUNTS RECOVERABLE ARE LESS THAN COSTS OF 
              COLLECTION.</DELETED>

<DELETED>    (a) Authority.--Chapter 165 of title 10, United States 
Code, is amended by inserting after section 2780 the following new 
section:</DELETED>
<DELETED>``Sec. 2780a. Debt collection: general waiver authority for 
              small amounts owed the United States</DELETED>
<DELETED>    ``(a) Authority.--In the case of an indebtedness to the 
United States described in subsection (b) that is for an amount that is 
less than the threshold amount specified in subsection (c), the 
Secretary of Defense may, under regulations prescribed under this 
section, cancel the indebtedness and waive recovery of the amount owed. 
Such authority may be used only when, based on a cost-benefit analysis, 
the Secretary determines that the costs of collection are expected to 
exceed the amount recoverable.</DELETED>
<DELETED>    ``(b) Covered Debts.--(1) Except as provided in paragraph 
(2), this section applies with respect to amounts owed to the United 
States that arise out of the activities of, or that are referred to, 
the Department of Defense (including amounts owed by members of the 
armed forces and Department of Defense civilian personnel).</DELETED>
<DELETED>    ``(2) The authority under this section does not apply to 
amounts owed to the United States arising out of activities of the 
Department of Defense that have been referred to another executive 
agency for collection action or that are otherwise within the purview 
of another executive agency.</DELETED>
<DELETED>    ``(c) Maximum Amount Waivable.--The threshold amount 
referred to in subsection (a) is the micropurchase threshold amount in 
effect under section 32 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 428).</DELETED>
<DELETED>    ``(d) Regulations.--The Secretary of Defense shall 
prescribe regulations for the purposes of this section.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the item 
relating to section 2780 the following new item:</DELETED>

<DELETED>``2780a. Debt collection: general waiver authority for small 
                            amounts owed the United States.''.

<DELETED>SEC. 1005. REPEAL OF FUNDING RESTRICTIONS CONCERNING 
              DEVELOPMENT OF MEDICAL COUNTERMEASURES AGAINST BIOLOGICAL 
              WARFARE THREATS.</DELETED>

<DELETED>    (a) Repeal.--Section 2370a of title 10, United States 
Code, is repealed.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOREIGN 
              CURRENCY FLUCTUATIONS.</DELETED>

<DELETED>    (a) Secretary of Defense Report.--(1) Not later than 
December 1, 2004, the Secretary Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a report 
on the foreign currency exchange rate projection used in annual 
Department of Defense budget presentations.</DELETED>
<DELETED>    (2) In the report under paragraph (1), the Secretary 
shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (B) address the advantages and disadvantages of 
        each approach identified pursuant to subparagraph 
        (A);</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (3) In identifying alternative approaches pursuant to 
paragraph (2)(A), the Secretary shall examine--</DELETED>
        <DELETED>    (A) approaches used by other Federal departments 
        and agencies; and</DELETED>
        <DELETED>    (B) the feasibility of using private economic 
        forecasting.</DELETED>
<DELETED>    (b) Comptroller General Review and Report.--The 
Comptroller General of the United States shall review the report under 
subsection (a), including the basis for the Secretary's conclusions 
stated in the report, and shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report containing 
the Comptroller General's conclusions with respect to that report. Such 
report shall be submitted not later than January 15, 2005.</DELETED>

<DELETED>SEC. 1007. FISCAL YEAR 2004 TRANSFER AUTHORITY.</DELETED>

<DELETED>    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 
``$3,000,000,000''.</DELETED>

<DELETED>SEC. 1008. REPORT ON AMOUNTS REMITTED AND REIMBURSED DURING 
              FISCAL YEAR 2004 UNDER SECTION 1007 OF PUBLIC LAW 108-
              136.</DELETED>

<DELETED>    Not later than 30 days after the end of fiscal year 2004, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on amounts remitted and reimbursed during fiscal 
year 2004 under section 1007 of the National Defense Authorization Act 
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1585; 10 U.S.C. 
2241 note).</DELETED>

       <DELETED>Subtitle B--Naval Vessels and Shipyards</DELETED>

<DELETED>SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR SHIP 
              DISMANTLING ON NET-COST BASIS.</DELETED>

<DELETED>    (a) In General.--Chapter 633 of title 10, United States 
Code, is amended by inserting after section 7305 the following new 
section:</DELETED>
<DELETED>``Sec. 7305a. Vessels stricken from Naval Vessel Register: 
              contracts for dismantling on net-cost basis</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) The term `scrap' means personal property 
        that has no value except for its basic material 
        content.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 1012. INDEPENDENT STUDY TO ASSESS COST EFFECTIVENESS OF 
              THE NAVY SHIP CONSTRUCTION PROGRAM.</DELETED>

<DELETED>    (a) Study.--The Secretary of Defense shall provide for a 
study, to be conducted by an entity independent of the Department of 
Defense, of the cost effectiveness of the ship construction program of 
the Navy. The purpose of the study shall be to examine both--</DELETED>
        <DELETED>    (1) a variety of approaches by which the Navy ship 
        construction program could be made more efficient in the near 
        term; and</DELETED>
        <DELETED>    (2) a variety of approaches by which, with a 
        nationally integrated effort over the next decade, the United 
        States shipbuilding industry might be made competitive 
        globally.</DELETED>
<DELETED>    (b) Near Term Improvements in Efficiency.--With respect to 
the examination under subsection (a)(1) of approaches by which the Navy 
ship construction program could be made more efficient in the near 
term, the Secretary shall provide for the entity conducting the study--
</DELETED>
        <DELETED>    (1) to determine, with respect to each approach so 
        examined, the cost savings that could result from 
        implementation of that approach over each of the next 10 
        years;</DELETED>
        <DELETED>    (2) to recommend one or more of the approaches 
        examined under subsection (a)(1) for implementation; 
        and</DELETED>
        <DELETED>    (3) for each approach recommended under paragraph 
        (2) for implementation, to develop a concept and implementation 
        plan by which the recommended improvements could best be phased 
        into the naval ship construction program.</DELETED>
<DELETED>    (c) Global Competitiveness of United States Shipbuilding 
Industry.--With respect to the examination under subsection (a)(2) of 
approaches by which, with a nationally integrated effort over the next 
decade, the United States shipbuilding industry might be made 
competitive globally, the Secretary shall provide for the entity 
conducting the study--</DELETED>
        <DELETED>    (1) to develop a plan to modernize the United 
        States shipbuilding infrastructure within the next decade in 
        order to make the United States shipbuilding industry more 
        competitive globally; and</DELETED>
        <DELETED>    (2) to estimate the resources required to carry 
        out a modernization plan developed under paragraph 
        (1).</DELETED>
<DELETED>    (d) Report.--Not later than June 1, 2005, the Secretary of 
Defense shall submit to the congressional defense committees a report 
providing the results of the study under subsection (a). The report 
shall include the matters specified in subsections (b) and 
(c).</DELETED>

<DELETED>SEC. 1013. AUTHORITY TO TRANSFER SPECIFIED FORMER NAVAL 
              VESSELS TO CERTAIN FOREIGN COUNTRIES.</DELETED>

<DELETED>    (a) Authority to transfer by Grant.--The Prsident is 
authorized to transfer vessels to foreign countries on a grant basis 
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j), as follows:</DELETED>
        <DELETED>    (1) Chile.--The ``SPRUANCE'' class destroyer 
        O'BANNON (DD-987) to the Government of Chile.</DELETED>
        <DELETED>    (2) Portugal.--The ``OLIVER HAZARD PERRY'' class 
        guided missile frigate GEORGE PHILIP (FFG-12) to the Government 
        of Portugal.</DELETED>
<DELETED>    (b) Authority to transfer by Sale.--The President is 
authorized to transfer on a sale basis under section 21 of the Arms 
Export Control Act (22 U.S.C. 2761) the ``ANCHORAGE'' class dock 
landing ship ANCHORAGE (LSD-36) to the Taipei Economic and Cultural 
Representative Office in the United States (which is the Taiwan 
instrumentality designated pursuant to section 10(a) of the Taiwan 
Relations Act).</DELETED>
<DELETED>    (c) Grants Not Counted in Annual Total of Transferred 
Excess Defense Articles.--The value of a vessel transferred to another 
country on a grant basis under section 516 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided by 
subsection (a) shall not be counted for the purposes of subsection (g) 
of that section in the aggregate value of excess defense articles 
transferred to countries under that section in any fiscal 
year.</DELETED>
<DELETED>    (d) Costs of Transfers.--Any expense incurred by the 
United States in connection with a transfer authorized by this section 
shall be charged to the recipient (notwithstanding section 516(e) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j (e)) in the case of 
a transfer authorized to be made on a grant basis under subsection 
(a)).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1014. LIMITATION ON LEASING OF FOREIGN-BUILT 
              VESSELS.</DELETED>

<DELETED>    (a) In General.--(1) Chapter 141 of title 10, United 
States Code, is amended by inserting after section 2401a the following 
new section:</DELETED>
<DELETED>``Sec. 2401b. Limitation on lease of foreign-built 
              vessels</DELETED>
<DELETED>    ``(a) Limitation.--The Secretary of a military department 
may not make a contract for a lease or charter of a vessel for a term 
of more than 12 months (including all options to renew or extend the 
contract) if the hull, a major component of the hull, or superstructure 
of the vessel is constructed in a foreign shipyard.</DELETED>
<DELETED>    ``(b) Presidential Waiver for National Security 
Interest.--(1) The President may authorize exceptions to the limitation 
in subsection (a) when the President determines that it is in the 
national security interest of the United States to do so.</DELETED>
<DELETED>    ``(2) The President shall transmit notice to Congress of 
any such determination, and no contract may be made pursuant to the 
exception authorized until the end of the 30-day period beginning on 
the date on which the notice of the determination is received by 
Congress.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2401a the 
following new item:</DELETED>

<DELETED>``2401b. Limitation on lease of foreign-built vessels.''.
<DELETED>    (b) Effective Date.--Section 2401b of title 10, United 
States Code, as added by subsection (a), shall apply with respect to 
contracts entered into after the date of the enactment of this 
Act.</DELETED>

          <DELETED>Subtitle C--Sunken Military Craft</DELETED>

<DELETED>SEC. 1021. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND 
              ASSOCIATED CONTENTS.</DELETED>

<DELETED>    Right, title, and interest of the United States in and to 
any United States sunken military craft shall not be extinguished by 
the passage of time, regardless of when the sunken military craft 
sank.</DELETED>

<DELETED>SEC. 1022. PROHIBITIONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) as authorized by a permit under this 
        subtitle;</DELETED>
        <DELETED>    (2) as authorized by regulations issued under this 
        subtitle; or</DELETED>
        <DELETED>    (3) as otherwise authorized by law.</DELETED>
<DELETED>    (b) Possession of Sunken Military Craft.--No person may 
possess, disturb, remove, or injure any sunken military craft in 
violation of--</DELETED>
        <DELETED>    (1) this section; or</DELETED>
        <DELETED>    (2) any prohibition, rule, regulation, ordinance, 
        or permit that applies under any other applicable Federal, 
        foreign, or other law.</DELETED>
<DELETED>    (c) Limitations on Application.--</DELETED>
        <DELETED>    (1) Actions by united states.--This section shall 
        not apply to actions taken by, or at the direction of, the 
        United States.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) generally recognized principles of 
                international law;</DELETED>
                <DELETED>    (B) an agreement between the United States 
                and the foreign country of which the person is a 
                citizen; or</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 1023. PERMITS.</DELETED>

<DELETED>    (a) In General.--The Secretary concerned may issue a 
permit authorizing a person to engage in an activity otherwise 
prohibited by section 1022 with respect to a United States military 
craft, for archaeological, historical, or educational purposes, in 
accordance with regulations issued by such Secretary that implement 
this section.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1024. PENALTIES.</DELETED>

<DELETED>    (a) In General.--Any person who violates this subtitle, or 
any regulation or permit issued under this subtitle, shall be liable to 
the United States for a civil penalty under this section.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Continuing Violations.--Each day of a continued 
violation of this subtitle or a regulation or permit issued under this 
subtitle shall constitute a separate violation for purposes of this 
section.</DELETED>

<DELETED>SEC. 1025. LIABILITY FOR DAMAGES.</DELETED>

<DELETED>    (a) In General.--Any person who engages in an activity in 
violation of section 1022 or any regulation or permit issued under this 
subtitle that disturbs, removes, or injures any United States sunken 
military craft shall pay the United States enforcement costs and 
damages resulting from such disturbance, removal, or injury.</DELETED>
<DELETED>    (b) Included Damages.--Damages referred to in subsection 
(a) may include--</DELETED>
        <DELETED>    (1) the reasonable costs incurred in storage, 
        restoration, care, maintenance, conservation, and curation of 
        any sunken military craft that is disturbed, removed, or 
        injured in violation of section 1022 or any regulation or 
        permit issued under this subtitle; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 1026. RELATIONSHIP TO OTHER LAWS.</DELETED>

<DELETED>    (a) In General.--Except to the extent that an activity is 
undertaken as a subterfuge for activities prohibited by this subtitle, 
nothing in this subtitle is intended to affect--</DELETED>
        <DELETED>    (1) any activity that is not directed at a sunken 
        military craft; or</DELETED>
        <DELETED>    (2) the traditional high seas freedoms of 
        navigation, including--</DELETED>
                <DELETED>    (A) the laying of submarine cables and 
                pipelines;</DELETED>
                <DELETED>    (B) operation of vessels;</DELETED>
                <DELETED>    (C) fishing; or</DELETED>
                <DELETED>    (D) other internationally lawful uses of 
                the sea related to such freedoms.</DELETED>
<DELETED>    (b) International Law.--This subtitle and any regulations 
implementing this subtitle shall be applied in accordance with 
generally recognized principles of international law and in accordance 
with the treaties, conventions, and other agreements to which the 
United States is a party.</DELETED>
<DELETED>    (c) Law of Finds.--The law of finds shall not apply to any 
United States sunken military craft, wherever located.</DELETED>
<DELETED>    (d) Law of Salvage.--No salvage rights or awards shall be 
granted with respect to any sunken military craft without the express 
permission of the United States.</DELETED>
<DELETED>    (e) Law of Capture or Prize.--Nothing in this subtitle is 
intended to alter the international law of capture or prize with 
respect to sunken military craft.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Authorities of the Commandant of the Coast Guard.--
Nothing in this subtitle is intended to preclude or limit the 
application of any other law enforcement authorities of the Commandant 
of the Coast Guard.</DELETED>
<DELETED>    (h) Prior Delegations, Authorizations, and Related 
Regulations.--Nothing in this subtitle shall invalidate any prior 
delegation, authorization, or related regulation that is consistent 
with this subtitle.</DELETED>
<DELETED>    (i) Criminal Law.--Nothing in this subtitle is intended to 
prevent the United States from pursuing criminal sanctions for 
plundering of wrecks, larceny of Government property, or violation of 
any applicable criminal law.</DELETED>

<DELETED>SEC. 1027. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN 
              COUNTRIES.</DELETED>

<DELETED>    The Secretary of State, in consultation with the Secretary 
of Defense, is encouraged to negotiate and conclude bilateral and 
multilateral agreements with foreign countries with regard to sunken 
military craft consistent with this subtitle.</DELETED>

<DELETED>SEC. 1028. DEFINITIONS.</DELETED>

<DELETED>    In this subtitle:</DELETED>
        <DELETED>    (1) Associated contents.--The term ``associated 
        contents'' means--</DELETED>
                <DELETED>    (A) the equipment, cargo, and contents of 
                a sunken military craft that are within its debris 
                field; and</DELETED>
                <DELETED>    (B) the remains and personal effects of 
                the crew and passengers of a sunken military craft that 
                are within its debris field.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of a military department.</DELETED>
        <DELETED>    (3) Sunken military aircraft.--The term ``sunken 
        military aircraft'' means any sunken military aircraft that was 
        owned or operated by the United States when it sank.</DELETED>
        <DELETED>    (4) Sunken military craft.--The term ``sunken 
        military craft'' means any sunken military vessel, sunken 
        military aircraft, or associated contents, or any portion 
        thereof, the title to which has not been abandoned or 
        transferred in a manner prescribed by the United 
        States.</DELETED>
        <DELETED>    (5) Sunken military vessel.--The term ``sunken 
        military vessel'' means any sunken warship or naval auxiliary 
        of the United States that is a public vessel as that term is 
        used in the Act of March 3, 1925 (chapter 428; 46 U.S.C. App. 
        781 et seq.), popularly known as the Public Vessels 
        Act.</DELETED>
        <DELETED>    (6) United states contiguous zone.--The term 
        ``United States contiguous zone'' means the contiguous zone of 
        the United States under Presidential Proclamation 7219, dated 
        September 2, 1999.</DELETED>
        <DELETED>    (7) United states internal waters.--The term 
        ``United States internal waters'' means all waters of the 
        United States on the landward side of the baseline from which 
        the breadth of the United States territorial sea is 
        measured.</DELETED>
        <DELETED>    (8) United states territorial sea.--The term 
        ``United States territorial sea'' means the waters of the 
        United States territorial sea under Presidential Proclamation 
        5928, dated December 27, 1988.</DELETED>
        <DELETED>    (9) United states waters.--The term ``United 
        States waters'' means United States internal waters, the United 
        States territorial sea, and the United States contiguous 
        zone.</DELETED>

         <DELETED>Subtitle D--Counter-Drug Activities</DELETED>

<DELETED>SEC. 1031. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF 
              DEFENSE FUNDS FOR UNIFIED COUNTERDRUG AND 
              COUNTERTERRORISM CAMPAIGN IN COLOMBIA.</DELETED>

<DELETED>    (a) Authority to Provide Assistance.--During fiscal years 
2005 and 2006, the Secretary of Defense may use funds made available to 
the Department of Defense for drug interdiction and counter-drug 
activities to provide assistance to the Government of Colombia--
</DELETED>
        <DELETED>    (1) to support a unified campaign against 
        narcotics trafficking in Colombia;</DELETED>
        <DELETED>    (2) to support a unified campaign against 
        activities by designated terrorist organizations, such as the 
        Revolutionary Armed Forces of Colombia (FARC), the National 
        Liberation Army (ELN), and the United Self-Defense Forces of 
        Colombia (AUC); and</DELETED>
        <DELETED>    (3) to take actions to protect human health and 
        welfare in emergency circumstances, including undertaking 
        rescue operations.</DELETED>
<DELETED>    (b) Relation to Other Assistance Authority.--The authority 
provided by subsection (a) is in addition to other provisions of law 
authorizing the provision of assistance to the Government of 
Colombia.</DELETED>

<DELETED>SEC. 1032. LIMITATION ON NUMBER OF UNITED STATES MILITARY 
              PERSONNEL IN COLOMBIA.</DELETED>

<DELETED>    (a) Limitation.--None of the funds available to the 
Department of Defense for any fiscal year may be used to support or 
maintain more than 500 members of the Armed Forces on duty in the 
Republic of Colombia at any time.</DELETED>
<DELETED>    (b) Exclusion of Certain Members.--For purposes of 
determining compliance with the limitation in subsection (a), the 
Secretary of Defense may exclude the following military 
personnel:</DELETED>
        <DELETED>    (1) A member of the Armed Forces in the Republic 
        of Colombia for the purpose of rescuing or retrieving United 
        States military or civilian Government personnel, except that 
        the period for which such a member may be so excluded may not 
        exceed 30 days unless expressly authorized by law.</DELETED>
        <DELETED>    (2) A member of the Armed Forces assigned to the 
        United States Embassy in Colombia as an attache, as a member of 
        the security assistance office, or as a member of the Marine 
        Corps security contingent.</DELETED>
        <DELETED>    (3) A member of the Armed Forces in Colombia to 
        participate in relief efforts in responding to a natural 
        disaster.</DELETED>
        <DELETED>    (4) Nonoperational transient military 
        personnel.</DELETED>
        <DELETED>    (5) A member of the Armed Forces making a port 
        call from a military vessel in Colombia.</DELETED>

                 <DELETED>Subtitle E--Reports</DELETED>

<DELETED>SEC. 1041. STUDY OF CONTINUED REQUIREMENT FOR TWO-CREW MANNING 
              FOR BALLISTIC MISSILE SUBMARINES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1042. STUDY OF EFFECT ON DEFENSE INDUSTRIAL BASE OF 
              ELIMINATION OF UNITED STATES DOMESTIC FIREARMS 
              MANUFACTURING BASE.</DELETED>

<DELETED>    Not later than 60 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report describing in detail the effect on both 
military readiness and the defense industrial base that would result 
from the elimination of the United States domestic firearms 
manufacturing base.</DELETED>

<DELETED>SEC. 1043. STUDY OF EXTENT AND QUALITY OF TRAINING PROVIDED TO 
              MEMBERS OF THE ARMED SERVICES TO PREPARE FOR POST-
              CONFLICT OPERATIONS.</DELETED>

<DELETED>    (a) Study Required.--The Secretary of Defense shall 
conduct a study to determine the extent to which members of the Armed 
Forces assigned to duty in support of contingency operations receive 
training in preparation for post-conflict operations and to evaluate 
the quality of such training</DELETED>
<DELETED>    (b) Matters Included in Study.--As part of the study under 
subsection (a), the Secretary shall specifically evaluate the 
following:</DELETED>
        <DELETED>    (1) The doctrine, training, and leader-development 
        system necessary to enable members of the Armed Forces to 
        successfully operate in post-conflict operations.</DELETED>
        <DELETED>    (2) The adequacy of curricula at military 
        educational facilities to ensure that the Armed Forces has a 
        cadre of members skilled in post-conflict duties, foreign 
        languages, and foreign cultures.</DELETED>
        <DELETED>    (3) The training time and resources available to 
        members and units to develop cultural awareness about ethnic 
        backgrounds, religious beliefs, and political loyalties of the 
        people living in areas in which the Armed Forces 
        operate.</DELETED>
        <DELETED>    (4) The organization of the combatant commands to 
        conduct post-conflict operations.</DELETED>
<DELETED>    (c) Submission of Study Results.--Not later than March 15, 
2005, the Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives a report containing the results of the study 
conducted under this section.</DELETED>

            <DELETED>Subtitle F--Security Matters</DELETED>

<DELETED>SEC. 1051. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL 
              SECURITY INVESTIGATIONS AND DETERMINATIONS.</DELETED>

<DELETED>    Section 30305(b) of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (9) through (11) 
        as paragraphs (10) through (12), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (8) the following 
        new paragraph:</DELETED>
<DELETED>    ``(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. A Federal department or agency that receives such 
information about an individual may use it in accordance with 
applicable law.''.</DELETED>

<DELETED>SEC. 1052. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY FOR 
              DEPARTMENT OF DEFENSE SECURITY CLEARANCE.</DELETED>

<DELETED>    (a) Disqualified Persons.--Subsection (c)(1) of section 
986 of title 10, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' and inserting ``, was''; 
        and</DELETED>
        <DELETED>    (2) and inserting before the period at the end the 
        following: ``, and was incarcerated as a result of that 
        sentence for not less than one year''.</DELETED>
<DELETED>    (b) Waiver Authority.--Subsection (d) of such section is 
amended to read as follows:</DELETED>
<DELETED>    ``(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 orders or other guidance issued by the 
President.''.</DELETED>

     <DELETED>Subtitle G--Transportation-Related Matters</DELETED>

<DELETED>SEC. 1061. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND 
              FROM OVERSEAS LOCATIONS.</DELETED>

<DELETED>    (a) Authority for Use of Military Aircraft.--Section 3401 
of title 39, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) in the sentence following paragraph 
                (3), by striking ``carriers'' each place it appears and 
                inserting ``carriers and military aircraft''; 
                and</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) in the second sentence--</DELETED>
                        <DELETED>    (i) by inserting ``and military 
                        aircraft'' after ``carriers'' the first place 
                        it appears; and</DELETED>
                        <DELETED>    (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''.</DELETED>
<DELETED>    (b) Definition.--Such section is further amended by adding 
at the end the following new subsection:</DELETED>
<DELETED>    ``(g) In this section, the term `military aircraft' means 
an aircraft owned, operated, or chartered by the Department of 
Defense.''.</DELETED>

<DELETED>SEC. 1062. REORGANIZATION AND CLARIFICATION OF CERTAIN 
              PROVISIONS RELATING TO CONTROL AND SUPERVISION OF 
              TRANSPORTATION WITHIN THE DEPARTMENT OF 
              DEFENSE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (A) by striking ``Secretary of the Army'' in the 
        matter preceding paragraph (1) and inserting ``Secretary of 
        Defense'';</DELETED>
        <DELETED>    (B) by striking ``Army transport agencies'' in the 
        matter preceding paragraph (1) and all that follows through 
        ``military transport agency of''; and</DELETED>
        <DELETED>    (C) by striking paragraphs (1), (2), and 
        (3);</DELETED>
        <DELETED>    (D) by redesignating paragraph (4), (5), (6), and 
        (7) as paragraphs (1), (2), (3), and (4), 
        respectively;</DELETED>
        <DELETED>    (E) by redesignating paragraph (8) as paragraph 
        (5) and in that paragraph striking ``persons described in 
        clauses (1), (2), (4), (5), and (7)'' and inserting ``members 
        of the armed forces, officers and employees of the Department 
        of Defense or the Coast Guard, and persons described i 
        paragraphs (1), (2), and (4)''; and</DELETED>
        <DELETED>    (F) by striking ``clause (7) or (8)'' in the last 
        sentence and inserting ``paragraph (4) or (5)''.</DELETED>
<DELETED>    (2) Section 2649 of such title, as transferred and 
redesignated by subsection (a), is amended--</DELETED>
        <DELETED>    (A) by striking the section heading and inserting 
        the following:</DELETED>
<DELETED>``Sec. 2649. Civilian passengers and commercial cargoes: 
              transportation on Department of Defense 
              vessels'';</DELETED>
        <DELETED>    (B) by striking ``(1) on vessels'' and all that 
        follows through ``Department of the Army'';</DELETED>
        <DELETED>    (C) by striking ``any transport agency of''; 
        and</DELETED>
        <DELETED>    (D) by striking ``Secretary of the Army'' and all 
        that follows through ``be transported'' and inserting 
        ``Secretary of Defense, be transported''.</DELETED>
<DELETED>    (3) Section 2650 of such title, as transferred and 
redesignated by subsection (a), is amended--</DELETED>
        <DELETED>    (A) in the matter preceding paragraph (1), by 
        striking ``Army transport agencies'' and all that follows 
        through ``military transport agency of'';</DELETED>
        <DELETED>    (B) in paragraph (1), by striking ``Secretary of 
        the Army'' and inserting ``Secretary of Defense''; 
        and</DELETED>
        <DELETED>    (C) in paragraph (4), by striking ``by air--'' and 
        all that follows through ``the transportation cannot'' and 
        inserting ``by air, the transportation cannot''.</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (c) Repeal of Superseded and Obsolete Provisions.--The 
following sections of such title are repealed: sections 4741, 4743, 
9741, 9743, and 9746.</DELETED>
<DELETED>    (d) Clerical Amendments.--</DELETED>
        <DELETED>    (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:</DELETED>

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

<DELETED>SEC. 1063. DETERMINATION OF WHETHER PRIVATE AIR CARRIERS ARE 
              CONTROLLED BY UNITED STATES CITIZENS FOR PURPOSES OF 
              ELIGIBILITY FOR GOVERNMENT CONTRACTS FOR TRANSPORTATION 
              OF PASSENGERS OR SUPPLIES.</DELETED>

<DELETED>    Section 2710 of the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 601), is amended 
by adding at the end the following new sentence: ``Any determination 
for purposes of this section of whether (in accordance with the first 
proviso of this section) an air carrier is effectively controlled by 
citizens of the United States shall be made by, or shall be based on 
determinations made by, the Secretary of Transportation.''.</DELETED>

<DELETED>SEC. 1064. EVALUATION OF WHETHER TO PROHIBIT CERTAIN OFFERS 
              FOR TRANSPORTATION OF SECURITY-SENSITIVE CARGO.</DELETED>

<DELETED>    (a) Evaluation Requirement.--The Secretary of Defense 
shall evaluate whether, and under what circumstances, in the award of 
service contracts for domestic freight transportation for security-
sensitive cargo (such as arms, ammunitions, explosive, and classified 
material), the Secretary should not consider an offer or tender from 
more than one motor carrier that is part of a group of motor carriers 
under common financial or administrative control. In conducting the 
evaluation, the Secretary shall seek industry comment.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 1065. PHASED IMPLEMENTATION OF NEW PROGRAM FOR 
              TRANSPORTING HOUSEHOLD GOODS OF MEMBERS OF THE ARMED 
              FORCES.</DELETED>

<DELETED>    The Secretary of Defense may not implement the new program 
for the transportation of household goods of members of the Armed 
Forces and their dependents beyond phase I of the program, which 
includes the testing of electronic bill processing at 14 sites, until 
the Secretary submits to Congress a report evaluating whether Phase I 
met its objectives and whether it is in the best interest of the 
Department of Defense and members of the Armed Forces to move forward 
to Phase II of the program.</DELETED>

              <DELETED>Subtitle H--Other Matters</DELETED>

<DELETED>SEC. 1071. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY OF 
              DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY 
              FOR INTELLIGENCE COLLECTION ACTIVITIES ABROAD.</DELETED>

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

<DELETED>SEC. 1072. ASSISTANCE FOR STUDY OF FEASIBILITY OF BIENNIAL 
              INTERNATIONAL AIR TRADE SHOW IN THE UNITED STATES AND FOR 
              INITIAL IMPLEMENTATION.</DELETED>

<DELETED>    (a) Assistance for Community Feasibility Study.--(1) The 
Secretary of Defense shall provide assistance to a community selected 
under subsection (d) for expenses of a study by that community of the 
feasibility of the establishment and operation of a biennial 
international air trade show in the area of that community.</DELETED>
<DELETED>    (2) The Secretary shall provide for the community to 
submit to the Secretary a report containing the results of the study 
not later than September 30, 2005. The Secretary shall promptly submit 
the report to Congress, together with such comments on the report as 
the Secretary considers appropriate.</DELETED>
<DELETED>    (b) Assistance for Implementation.--If the community 
conducting the study under subsection (a) determines that the 
establishment and operation of such an air show is feasible and should 
be implemented, the Secretary shall provide assistance to the community 
for the initial expenses of implementing such an air show in the 
selected community.</DELETED>
<DELETED>    (c) Amount of Assistance.--The amount of assistance 
provided by the Secretary under subsections (a) and (b)--</DELETED>
        <DELETED>    (1) may not exceed a total of $1,000,000, to be 
        derived from amounts available for operation and maintenance 
        for the Air Force for fiscal year 2005 or later fiscal years; 
        and</DELETED>
        <DELETED>    (2) may not exceed one-half of the cost of the 
        study and may not exceed one-half the cost of such initial 
        implementation.</DELETED>
<DELETED>    (d) Selection of Community.--The Secretary shall select a 
community for purposes of subsection (a) through the use of competitive 
procedures. In making such selection, the Secretary shall give 
preference to those communities that already sponsor an air show, have 
demonstrated a history of supporting air shows with local resources, 
and have a significant role in the aerospace community. The community 
shall be selected not later than March 1, 2005.</DELETED>

<DELETED>SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Amendments Relating to Definition of Congressional 
Defense Committees.--</DELETED>
        <DELETED>    (1) Chapter 169 of such title is amended as 
        follows:</DELETED>
                <DELETED>    (A) Paragraph (4) of section 2801(c) is 
                amended to read as follows:</DELETED>
        <DELETED>    ``(4) The term `congressional defense committees' 
        includes, with respect to any project to be carried out by, or 
        for the use of, an intelligence component of the Department of 
        Defense--</DELETED>
                <DELETED>    ``(A) the Permanent Select Committee on 
                Intelligence of the House of Representatives; 
                and</DELETED>
                <DELETED>    ``(B) the Select Committee on Intelligence 
                of the Senate.''.</DELETED>
                <DELETED>    (B) The following sections are amended by 
                striking ``appropriate committees of Congress'' each 
                place it appears and inserting ``congressional defense 
                committees'': sections 2803(b), 2804(b), 2805(b)(2), 
                2806(c)(2), 2807(b), 2807(c), 2808(b), 2809(f)(1), 
                2811(d), 2812(c)(1)(A), 2813(c), 2814(a)(2)(A), 
                2814(g)(1), 2825(b)(1), 2827(b), 2828(f), 2835(g), 
                2836(f), 2837(c)(2), 2853(c)(2), 2854(b), 2854a(c)(1), 
                2865(e)(2), 2866(c)(2), 2875(e), 2881a(d)(2), 2881a(e), 
                2883(f), and 2884(a).</DELETED>
        <DELETED>    (2) Section 2215 is amended--</DELETED>
                <DELETED>    (A) by striking ``(a) Certification 
                Required.--'';</DELETED>
                <DELETED>    (B) by striking ``congressional committees 
                specified in subsection (b)'' and inserting 
                ``congressional defense committees''; and</DELETED>
                <DELETED>    (C) by striking subsection (b).</DELETED>
        <DELETED>    (3) Section 2306b(g) is amended by striking 
        ``Committee on'' the first place it appears and all that 
        follows through ``House of Representatives'' and inserting 
        ``congressional defense committees''.</DELETED>
        <DELETED>    (4) Section 2515(d) is amended--</DELETED>
                <DELETED>    (A) by striking ``(1)'' before ``The 
                Secretary'';</DELETED>
                <DELETED>    (B) by striking ``congressional committees 
                specified in paragraph (2)'' and inserting 
                ``congressional defense committees''; and</DELETED>
                <DELETED>    (C) by striking paragraph (2).</DELETED>
        <DELETED>    (5) Section 2676(d) is amended by striking 
        ``appropriate committees of Congress'' at the end of the first 
        sentence and inserting ``congressional defense 
        committees''.</DELETED>
        <DELETED>    (6) Section 2694a is amended by striking 
        ``appropriate committees of Congress'' in subsections (e) and 
        (i)(1) and inserting ``congressional defense 
        committees''.</DELETED>
<DELETED>    (c) Amendments Relating to Definition of Base Closure 
Laws.--</DELETED>
        <DELETED>    (1) Section 2694a(i) of title 10, United States 
        Code, is amended by striking paragraph (2).</DELETED>
        <DELETED>    (2) Paragraph (1) of section 1333(i) of the 
        National Defense Authorization Act for Fiscal Year 1994 (Public 
        Law 103-160; 10 U.S.C. 2701 note) is amended to read as 
        follows:</DELETED>
        <DELETED>    ``(1) Base closure law.--The term `base closure 
        law' has the meaning given such term in section 101(a)(17) of 
        title 10, United States Code.''.</DELETED>
        <DELETED>    (3) Subsection (b) of section 2814 of the Military 
        Construction Authorization Act for Fiscal Year 1995 (division B 
        of Public Law 103-337; 10 U.S.C. 2687 note) is amended to read 
        as follows:</DELETED>
<DELETED>    ``(b) Base Closure Law Defined.--In this section, the term 
`base closure law' has the meaning given such term in section 
101(a)(17) of title 10, United States Code.''.</DELETED>
        <DELETED>    (4) Subsection (c) of section 3341 of title 5, 
        United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(c) For purposes of this section, the term `base closure 
law' has the meaning given such term in section 101(a)(17) of title 
10.''.</DELETED>
        <DELETED>    (5)(A) Paragraph (1) of section 554(a) of title 
        40, United States Code, is amended to read as 
        follows:</DELETED>
        <DELETED>    ``(1) Base closure law.--The term `base closure 
        law' has the meaning given that term in section 101(a)(17) of 
        title 10.''.</DELETED>
        <DELETED>    (B) Subparagraph (B) of section 572(b)(1) of title 
        40 is amended to read as follows:</DELETED>
                <DELETED>    ``(B) Base closure law.--The term `base 
                closure law' has the meaning given that term in section 
                101(a)(17) of title 10.''.</DELETED>
<DELETED>    (d) Definition of State for Purposes of Section 2694a.--
Subsection (i) of section 2694a of title 10, United States Code, as 
amended by subsections (b)(6) and (c)(1), is further amended--
</DELETED>
        <DELETED>    (1) by inserting after paragraph (1) the following 
        new paragraph (2):</DELETED>
        <DELETED>    ``(2) The term `State' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, Guam, the Virgin Islands, and 
        American Samoa.''; and</DELETED>
        <DELETED>    (2) by striking paragraph (4).</DELETED>
<DELETED>    (e) Miscellaneous Amendments to Title 10, United States 
Code.--Title 10, United States Code, is amended as follows:</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (2) Section 130a is amended--</DELETED>
                <DELETED>    (A) by striking ``Effective October 1, 
                2002, the'' in subsection (a) and inserting 
                ``The'';</DELETED>
                <DELETED>    (B) by striking ``baseline number'' in 
                subsection (a) and all that follows through ``means 
                the'' in subsection (c);</DELETED>
                <DELETED>    (C) by transferring subsection (e) so as 
                to appear before subsection (d) and redesignating that 
                subsection as subsection (b);</DELETED>
                <DELETED>    (D) by redesignating subsections (d) and 
                (f) as subsection (c) and (d), respectively; 
                and</DELETED>
                <DELETED>    (E) by striking subsection (g).</DELETED>
        <DELETED>    (3) Section 437(c) is amended by inserting ``(50 
        U.S.C. 415b)'' after ``National Security Act of 
        1947''.</DELETED>
        <DELETED>    (4) Section 487(d) is amended by striking ``Other 
        Definitions'' and inserting ``Inapplicability to Coast 
        Guard''.</DELETED>
        <DELETED>    (5) Section 503(c)(1)(B) is amended by striking 
        ``education'' in the second sentence and inserting 
        ``educational''.</DELETED>
        <DELETED>    (6) Section 632(c)(1) is amended--</DELETED>
                <DELETED>    (A) by striking ``paragraph (2)'' and 
                inserting ``paragraph (3)''; and</DELETED>
                <DELETED>    (B) by striking ``under that paragraph'' 
                and inserting ``under that subsection''.</DELETED>
        <DELETED>    (7) The item relating to section 1076b in the 
        table of sections at the beginning of chapter 55 is amended to 
        read as follows:</DELETED>

<DELETED>``1076b. TRICARE program: coverage for members of the Ready 
                            Reserve.''.
        <DELETED>    (8) Section 1108(e) is amended by striking 
        ``heath'' and inserting ``health''.</DELETED>
        <DELETED>    (9) Section 1406(g) is amended--</DELETED>
                <DELETED>    (A) by striking ``section 305'' and 
                inserting ``section 245''; and</DELETED>
                <DELETED>    (B) by inserting ``(33 U.S.C. 3045)'' 
                after ``of 2002''.</DELETED>
        <DELETED>    (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,''.</DELETED>
        <DELETED>    (11) Sections 1463(a), 1465(c)(1)(A), 
        1465(c)(1)(B), 1465(c)(4)(A), 1465(c)(4)(B), and 1466(b)(2)(D) 
        are amended by striking ``1413, 1413a,'' and inserting 
        ``1413a''.</DELETED>
        <DELETED>    (12) Section 1557(b) is amended by striking 
        ``Effective October 1, 2002, final'' and inserting 
        ``Final''.</DELETED>
        <DELETED>    (13) Section 1566 is amended--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) in subsections (h), (i)(1), and 
                (i)(3), by striking ``Armed Forces'' and inserting 
                ``armed forces''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (15) Section 1761(b) is amended--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``provide for--'' and inserting ``provide 
                for the following:'';</DELETED>
                <DELETED>    (B) in paragraphs (1), (2), and (3), by 
                capitalizing the first letter of the first 
                word;</DELETED>
                <DELETED>    (C) at the end of paragraphs (1) and (2), 
                by striking the semicolon and inserting a 
                period;</DELETED>
                <DELETED>    (D) at the end of paragraph (3), by 
                striking ``; and'' and inserting a period; 
                and</DELETED>
                <DELETED>    (E) by striking paragraph (4).</DELETED>
        <DELETED>    (16) Section 2193b(c)(2) is amended by striking 
        ``the date of the enactment of this section'' and inserting 
        ``October 5, 1999''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (18) Section 2349(d) is amended by striking 
        ``section 2350a(i)(3)'' and inserting ``section 
        2350a(i)(2)''.</DELETED>
        <DELETED>    (19) Section 2350b(g) is amended--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by inserting ``the Secretary of Defense'' after 
                ``authorizing''; and</DELETED>
                <DELETED>    (B) in paragraph (1), by striking ``the 
                Secretary of Defense''.</DELETED>
        <DELETED>    (20) Section 2540(b)(2) is amended by inserting 
        ``, as in effect on that date'' before the period at the 
        end.</DELETED>
        <DELETED>    (21) Section 2662(a)(2) is amended--</DELETED>
                <DELETED>    (A) in the first sentence, by striking 
                ``must include a summarization'' and inserting ``shall 
                include a summary''; and</DELETED>
                <DELETED>    (B) in the second sentence, by inserting 
                ``of paragraph (1)'' after ``in subparagraph 
                (E)''.</DELETED>
        <DELETED>    (22) Section 2672a(a) is amended--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by inserting ``in any case in which the Secretary 
                determines'' after ``in land'';</DELETED>
                <DELETED>    (B) in paragraph (1), by striking ``the 
                Secretary determines'' and inserting ``the 
                acquisition''; and</DELETED>
                <DELETED>    (C) in paragraph (2), by inserting ``the 
                acquisition'' after ``(2)''.</DELETED>
        <DELETED>    (23) Section 2701 is amended--</DELETED>
                <DELETED>    (A) in subsection (a)(2), by inserting 
                ``(42 U.S.C. 9620)'' before the period at the 
                end;</DELETED>
                <DELETED>    (B) in subsection (c)(2), by striking ``of 
                CERCLA (relating to settlements)'' and inserting 
                ``(relating to settlements) of CERCLA (42 U.S.C. 
                9622)'';</DELETED>
                <DELETED>    (C) in subsection (e), by inserting ``(42 
                U.S.C. 9619)'' after ``CERCLA''; and</DELETED>
                <DELETED>    (D) in subsection (j)(2), by striking 
                ``the Comprehensive'' and all the follows through ``of 
                1980'' and inserting ``CERCLA''.</DELETED>
        <DELETED>    (24) Section 2702 is amended by inserting ``(42 
        U.S.C. 9660(a)(5))'' in the second sentence of subsection (a) 
        before the period at the end.</DELETED>
        <DELETED>    (25) Section 2703(b) is amended by striking ``The 
        terms'' at the beginning of the second sentence and inserting 
        ``For purposes of the preceding sentence, the 
        terms''.</DELETED>
        <DELETED>    (26) Section 2704 is amended by inserting ``(42 
        U.S.C. 9604(i))'' in subsections (c), (e), and (f) after 
        ``CERCLA''.</DELETED>
        <DELETED>    (27) The second section 3755, added by section 
        543(b)(1) of the Bob Stump National Defense Authorization Act 
        for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2549), is 
        redesignated as section 3756, and the item relating to that 
        section in the table of sections at the beginning of chapter 
        357 is revised to reflect such redesignation.</DELETED>
        <DELETED>    (28) Section 4689 is amended by striking 
        ``Building'' after ``Capitol''.</DELETED>
        <DELETED>    (29) The second section 6257, added by section 
        543(c)(1) of the Bob Stump National Defense Authorization Act 
        for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2549), is 
        redesignated as section 6258, and the item relating to that 
        section in the table of sections at the beginning of chapter 
        567 is revised to reflect such redesignation.</DELETED>
        <DELETED>    (30) Section 7102 is amended--</DELETED>
                <DELETED>    (A) by striking ``Authority'' at the 
                beginning of subsection (a) and inserting ``Master of 
                Military Studies'';</DELETED>
                <DELETED>    (B) by striking ``Marine Corps War 
                College'' at the beginning of subsection (b) and 
                inserting ``Master of Strategic Studies'';</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) by striking ``subsections (a) and 
                (b)'' in subsection (d) and inserting ``this 
                section''.</DELETED>
        <DELETED>    (31) Section 8084 is amended by striking 
        ``capabilty'' and inserting ``capability''.</DELETED>
        <DELETED>    (32) The second section 8755, added by section 
        543(d)(1) of the Bob Stump National Defense Authorization Act 
        for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2550), is 
        redesignated as section 8756, and the item relating to that 
        section in the table of sections at the beginning of chapter 
        857 is revised to reflect such redesignation.</DELETED>
        <DELETED>    (33) The table in section 12012(a) is amended by 
        inserting a colon after ``Air National Guard''.</DELETED>
<DELETED>    (f) Title 37, United States Code.--Section 323(h) of title 
37, United States Code, is amended by striking ``Secretary of 
Transportation'' and inserting ``Secretary of Homeland 
Security''.</DELETED>
<DELETED>    (g) Public Law 108-136.--Effective as of November 24, 
2003, and as if included therein as enacted, the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136) is amended 
as follows:</DELETED>
        <DELETED>    (1) Sections 832(a) and 834(a) (117 Stat. 1550) 
        are each amended by striking ``such title'' and inserting 
        ``title 10, United States Code,''</DELETED>
        <DELETED>    (2) Section 931(a)(1) (117 Stat. 1580) is amended 
        by striking ``and donations'' in the first quoted matter and 
        inserting ``or donations''.</DELETED>
        <DELETED>    (3) Section 2204(b) (117 Stat. 1706) is amended by 
        striking ``section 2101(a)'' each place it appears and 
        inserting ``section 2201(a)''.</DELETED>
<DELETED>    (h) Public Law 107-314.--Effective as of December 2, 2002, 
and as if included therein as enacted, section 1064(a)(2) of the Bob 
Stump National Defense Authorization Act for Fiscal Year 2003 (Public 
Law 107-314; 116 Stat. 2654) is amended by inserting ``the item 
relating to'' after ``is amended by inserting after''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in clause (i), by striking ``Subcommittee on 
        Readiness, Sustainability, and Support'' and inserting 
        ``Subcommittee on Readiness and Management Support''; 
        and</DELETED>
        <DELETED>    (2) in clause (ii), by striking ``Subcommittee on 
        Military Installations and Facilities'' and inserting 
        ``Subcommittee on Readiness''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) transferred to section 704 of title 10, United 
        States Code;</DELETED>
        <DELETED>    (2) inserted at the end of that section;</DELETED>
        <DELETED>    (3) redesignated as subsection (c); and</DELETED>
        <DELETED>    (4) amended--</DELETED>
                <DELETED>    (A) by striking ``Armed Forces'' each 
                place it appears and inserting ``armed 
                forces'';</DELETED>
                <DELETED>    (B) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``Secretary of 
                        each'' and all that follows through ``in the 
                        Navy,'' and inserting ``Secretary concerned''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``(as defined in 
                        section 101 of title 10, United States Code)''; 
                        and</DELETED>
                <DELETED>    (C) in paragraph (3)--</DELETED>
                        <DELETED>    (i) by striking ``For purposes of 
                        this subsection--'' and inserting ``In this 
                        subsection:'';</DELETED>
                        <DELETED>    (ii) in subparagraph (A), by 
                        striking ``title 10, United States Code'' and 
                        inserting ``this title''; and</DELETED>
                        <DELETED>    (iii) in subparagraph (B), by 
                        striking ``such term'' and inserting ``that 
                        term''.</DELETED>

<DELETED>SEC. 1074. COMMISSION ON THE LONG-TERM IMPLEMENTATION OF THE 
              NEW STRATEGIC POSTURE OF THE UNITED STATES.</DELETED>

<DELETED>    (a) Establishment of Commission.--</DELETED>
        <DELETED>    (1) Establishment.--There is hereby established a 
        commission to be known as the ``Commission on the Long-Term 
        Implementation of the New Strategic Posture of the United 
        States''. The Secretary of Defense shall enter into a contract 
        with a federally funded research and development center to 
        provide for the organization, management, and support of the 
        Commission. Such contract shall be entered into in consultation 
        with the Secretary of Energy.</DELETED>
        <DELETED>    (2) Composition.--(A) The Commission shall be 
        composed of 12 members who shall be appointed by the Secretary 
        of Defense. In selecting individuals for appointment to the 
        Commission, the Secretary of Defense shall consult with the 
        chairman and ranking minority member of the Committee on Armed 
        Services of the Senate and the chairman and ranking minority 
        member of the Committee on Armed Services of the House of 
        Representatives.</DELETED>
        <DELETED>    (B) Members of the Commission shall be appointed 
        from among private United States citizens with knowledge and 
        expertise in the political, military, operational, and 
        technical aspects of nuclear strategy.</DELETED>
        <DELETED>    (3) Chairman of the commission.--The Secretary of 
        Defense shall designate one of the members of the Commission to 
        serve as chairman of the Commission.</DELETED>
        <DELETED>    (4) Period of appointment; vacancies.--Members 
        shall be appointed for the life of the Commission. Any vacancy 
        in the Commission shall be filled in the same manner as the 
        original appointment.</DELETED>
        <DELETED>    (5) Security clearances.--All members of the 
        Commission shall hold appropriate security 
        clearances.</DELETED>
<DELETED>    (b) Duties of Commission.--</DELETED>
        <DELETED>    (1) Review of Long-Term Implementation of the 
        Nuclear Posture Review.--The Commission shall examine long-term 
        programmatic requirements to achieve the goals set forth in the 
        report of the Secretary of Defense submitted to Congress on 
        December 31, 2001, providing the results of the Nuclear Posture 
        Review conducted pursuant to section 1041 of the Floyd D. 
        Spence National Defense Authorization Act for Fiscal Year 2001 
        (as enacted into law by Public Law 106-398; 114 Stat. 1654, 
        1654A-262) and results of periodic assessments of the Nuclear 
        Posture Review. Matters examined by the Commission shall 
        include the following:</DELETED>
                <DELETED>    (A) The process of establishing 
                requirements for strategic forces and how that process 
                accommodates employment of nonnuclear strike platforms 
                and munitions in a strategic role.</DELETED>
                <DELETED>    (B) How strategic intelligence, 
                reconnaissance, and surveillance requirements differ 
                from nuclear intelligence, reconnaissance, and 
                surveillance requirements.</DELETED>
                <DELETED>    (C) The ability of a limited number of 
                strategic platforms to carry out a growing range of 
                nonnuclear strategic strike missions.</DELETED>
                <DELETED>    (D) The limits of tactical systems to 
                perform nonnuclear global strategic missions in a 
                prompt manner.</DELETED>
                <DELETED>    (E) An assessment of the ability of the 
                current nuclear stockpile to address the evolving 
                strategic threat environment through 2025.</DELETED>
        <DELETED>    (2) Recommendations.--The Commission shall include 
        in its report recommendations with respect to the 
        following:</DELETED>
                <DELETED>    (A) Changes to the requirements process to 
                employ nonnuclear strike platforms and munitions in a 
                strategic role.</DELETED>
                <DELETED>    (B) Changes to the nuclear stockpile and 
                infrastructure required to preserve a nuclear 
                capability commensurate with the changes to the 
                strategic threat environment through 2025.</DELETED>
                <DELETED>    (C) Actions the Secretary of Defense and 
                the Secretary of Energy can take to preserve 
                flexibility of the defense nuclear comples while 
                reducing the cost of a Cold War strategic 
                infrastructure.</DELETED>
                <DELETED>    (D) Identify shortfalls in the strategic 
                modernization programs of the United States that would 
                undermine the ability of the United States to develop 
                new nonnuclear strategic strike capabilities.</DELETED>
        <DELETED>    (3) Cooperation from government officials.--(A) In 
        carrying out its duties, the Commission shall receive the full 
        and timely cooperation of the Secretary of Defense, the 
        Secretary of Energy, and any other United States Government 
        official in providing the Commission with analyses, briefings, 
        and other information necessary for the fulfillment of its 
        responsibilities.</DELETED>
        <DELETED>    (B) The Secretary of Energy and the Secretary of 
        Defense shall each designate at least one officer or employee 
        of the Department of Energy and the Department of Defense, 
        respectively, to serve as a liaison officer between the 
        department and the Commission.</DELETED>
<DELETED>    (c) Reports.--</DELETED>
        <DELETED>    (1) Commission report.--The Commission shall 
        submit to the Secretary of Defense and the Committees on Armed 
        Services of the Senate and House of Representatives a report on 
        the Commission's findings and conclusions. Such report shall be 
        submitted not later that 28 months after the date of the first 
        meeting of the Commission.</DELETED>
        <DELETED>    (2) Secretary of defense response.--Not later than 
        one year after the date on which the Commission submits its 
        report under paragraph (1), the Secretary of Defense shall 
        submit to Congress a report--</DELETED>
                <DELETED>    (A) commenting on the Commission's 
                findings and conclusions; and</DELETED>
                <DELETED>    (B) explaining what actions, if any, the 
                Secretary intends to take to implement the 
                recommendations of the Commission and, with respect to 
                each such recommendation, the Secretary's reasons for 
                implementing, or not implementing, the 
                recommendation.</DELETED>
<DELETED>    (d) Hearings and Procedures.--</DELETED>
        <DELETED>    (1) Hearings.--The Commission may, for the purpose 
        of carrying out the purposes of this section, hold hearings and 
        take testimony.</DELETED>
        <DELETED>    (2) Procedures.--The federally funded research and 
        development center with which a contract is entered into under 
        subsection (a)(1) shall be responsible for establishing 
        appropriate procedures for the Commission.</DELETED>
        <DELETED>    (3) Detail of government employees.--Upon request 
        of the chairman of the Commission, the head of any Federal 
        department or agency may detail, on a nonreimbursable basis, 
        personnel of that department or agency to the Commission to 
        assist it in carrying out its duties.</DELETED>
<DELETED>    (e) Funding.--Funds for activities of the Commission shall 
be provided from amounts appropriated for the Department of 
Defense.</DELETED>
<DELETED>    (f) Termination of Commission.--The Commission shall 
terminate 60 days after the date of the submission of its report under 
subsection (c)(1).</DELETED>
<DELETED>    (g) Implementation.--</DELETED>
        <DELETED>    (1) FFRDC contract.--The Secretary of Defense 
        shall enter into the contract required under subsection (a)(1) 
        not later that 60 days after the date of the enactment of this 
        Act.</DELETED>
        <DELETED>    (2) First meeting.--The Commission shall convene 
        its first meeting not later than 60 days after the date as of 
        which all members of the Commission have been 
        appointed.</DELETED>

<DELETED>SEC. 1075. LIABILITY PROTECTION FOR CERTAIN DEPARTMENT OF 
              DEFENSE VOLUNTEERS WORKING IN THE MARITIME 
              ENVIRONMENT.</DELETED>

<DELETED>    (a) Authority to Accept Certain Volunteer Services.--
Subsection (a) of section 1588 of title 10, United States Code, is 
amended by adding at the end the following new paragraph:</DELETED>
        <DELETED>    ``(8) Voluntary services provided to the United 
        States Military Academy, United States Naval Academy, and 
        United States Air Force Academy for the training of cadets and 
        midshipmen.''.</DELETED>
<DELETED>    (b) Liability Protection for Volunteers in Maritime 
Environment.--Subparagraph (D) of subsection (d)(1) of such section is 
amended--</DELETED>
        <DELETED>    (1) by striking ``and'' after ``this title'' and 
        inserting a comma; and</DELETED>
        <DELETED>    (2) by inserting before the period at the end the 
        following: ``, and chapters 20 and 22 of title 46 (relating to 
        claims for damages or loss on navigable waters)''.</DELETED>

<DELETED>SEC. 1076. TRANSFER OF HISTORIC F3A-1 BREWSTER CORSAIR 
              AIRCRAFT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1077. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU OF BORDER 
              SECURITY AND BUREAU OF CITIZENSHIP AND IMMIGRATION 
              SERVICES OF THE DEPARTMENT OF HOMELAND 
              SECURITY.</DELETED>

<DELETED>    (a) Assignment Authority of Secretary of Defense.--Chapter 
18 of title 10, United States Code, is amended by inserting after 
section 374 the following new section:</DELETED>
<DELETED>``Sec. 374a. Assignment of members to assist border patrol and 
              control</DELETED>
<DELETED>    ``(a) Assignment Authorized.--Upon submission of a request 
consistent with subsection (b), the Secretary of Defense may assign 
members of the Army, Navy, Air Force, and Marine Corps to assist--
</DELETED>
        <DELETED>    ``(1) the Bureau of Border Security of the 
        Department of Homeland Security in preventing the entry of 
        terrorists, drug traffickers, and illegal aliens into the 
        United States; and</DELETED>
        <DELETED>    ``(2) the United States Customs Service of the 
        Department of Homeland Security in the inspection of cargo, 
        vehicles, and aircraft at points of entry into the United 
        States to prevent the entry of weapons of mass destruction, 
        components of weapons of mass destruction, prohibited narcotics 
        or drugs, or other terrorist or drug trafficking 
        items.</DELETED>
<DELETED>    ``(b) Request for Assignment.--The assignment of members 
under subsection (a) may occur only if--</DELETED>
        <DELETED>    ``(1) the assignment is at the request of the 
        Secretary of Homeland Security; and</DELETED>
        <DELETED>    ``(2) the request is accompanied by a 
        certification by the Secretary of Homeland Security that the 
        assignment of members pursuant to the request is necessary to 
        respond to a threat to national security posed by the entry 
        into the United States of terrorists, drug traffickers, or 
        illegal aliens.</DELETED>
<DELETED>    ``(c) Training Program Required.--The Secretary of 
Homeland Security and the Secretary of Defense, shall establish a 
training program to ensure that members receive general instruction 
regarding issues affecting law enforcement in the border areas in which 
the members may perform duties under an assignment under subsection 
(a). A member may not be deployed at a border location pursuant to an 
assignment under subsection (a) until the member has successfully 
completed the training program.</DELETED>
<DELETED>    ``(d) Conditions of Use.--(1) Whenever a member who is 
assigned under subsection (a) to assist the Bureau of Border Security 
or the United States Customs Service is performing duties at a border 
location pursuant to the assignment, a civilian law enforcement officer 
from the agency concerned shall accompany the member.</DELETED>
<DELETED>    ``(2) Nothing in this section shall be construed to--
</DELETED>
        <DELETED>    ``(A) authorize a member assigned under subsection 
        (a) to conduct a search, seizure, or other similar law 
        enforcement activity or to make an arrest; and</DELETED>
        <DELETED>    ``(B) supersede section 1385 of title 18 
        (popularly known as the `Posse Comitatus Act').</DELETED>
<DELETED>    ``(e) Establishment of Ongoing Joint Task Forces.--(1) The 
Secretary of Homeland Security may establish ongoing joint task forces 
if the Secretary of Homeland Security determines that the joint task 
force, and the assignment of members to the joint task force, is 
necessary to respond to a threat to national security posed by the 
entry into the United States of terrorists, drug traffickers, or 
illegal aliens.</DELETED>
<DELETED>    ``(2) If established, the joint task force shall fully 
comply with the standards as set forth in this section.</DELETED>
<DELETED>    ``(f) Notification Requirements.--The Secretary of 
Homeland Security shall provide to the Governor of the State in which 
members are to be deployed pursuant to an assignment under subsection 
(a) and to local governments in the deployment area notification of the 
deployment of the members to assist the Department of Homeland Security 
under this section and the types of tasks to be performed by the 
members.</DELETED>
<DELETED>    ``(g) Reimbursement Requirement.--Section 377 of this 
title shall apply in the case of members assigned under subsection 
(a).</DELETED>
<DELETED>    ``(h) Termination of Authority.--No assignment may be made 
or continued under subsection (a) after September 30, 
2006.''.</DELETED>
<DELETED>    (b) Commencement of Training Program.--The training 
program required by subsection (c) of section 374a of title 10, United 
States Code, as added by subsection (a), shall be established as soon 
as practicable after the date of the enactment of this Act.</DELETED>
<DELETED>    (c) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the item 
relating to section 374 the following new item:</DELETED>

<DELETED>``374a. Assignment of members to assist border patrol and 
                            control.''.

<DELETED>SEC. 1078. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY 
              SERVICES.</DELETED>

<DELETED>    Section 1588 of title 10, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by adding at the end the 
        following new paragraph:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) in subsection (f)(1), by inserting ``and 
        (a)(8)'' before the period at the end.</DELETED>

<DELETED>SEC. 1079. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL 
              PROPERTY SUITABLE FOR FIREFIGHTING USE TO SUPPORT FEDERAL 
              EXCESS PERSONAL PROPERTY PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 2576b of title 10, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``Subject'' and inserting 
                ``Notwithstanding any other provision of law and 
                subject''; and</DELETED>
                <DELETED>    (B) by striking ``a firefighting agency in 
                a State'' and inserting ``the United States Forest 
                Service'';</DELETED>
        <DELETED>    (2) in subsections (b)(2) and (c), by striking 
        ``recipient firefighting agency'' and inserting ``Forest 
        Service'; and</DELETED>
        <DELETED>    (3) by striking subsection (d) and inserting the 
        following new subsections:</DELETED>
<DELETED>    ``(d) Priority for Rural Firefighting Agencies.--(1) 
Subject to paragraph (2), the Secretary of Defense shall enter into an 
agreement with the Secretary of Agriculture to use the existing 
property disposal program of the Forest Service, known as the Federal 
Excess Personal Property Program, to facilitate the reutilization of 
Department of Defense personal property described in subsection (a) by 
firefighting agencies in rural areas.</DELETED>
<DELETED>    ``(2) An agreement under paragraph (1) shall not provide 
for the reutilization of Department of Defense aircraft by the Forest 
Service until the end of the one-year period beginning on the date on 
which the Secretary of Agriculture submits a report to the Committee on 
Agriculture and the Committee on Armed Services of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry and the Committee on Armed Services of the Senate detailing 
measures taken by the Forest Service in response to National 
Transportation Safety Board Recommendations A-04-29 through A-04-
33.</DELETED>
<DELETED>    ``(3) The transfer of Department of Defense personal 
property described in subsection (a) to the Forest Service for 
reutilization by firefighting agencies in rural areas shall be afforded 
a property disposal priority at least equal to the priority given the 
military departments and other entities within the Department of 
Defense.</DELETED>
<DELETED>    ``(e) Definition of State.--The term `State' includes the 
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth 
of the Northern Mariana Islands, and any territory or possession of the 
United States.''.</DELETED>
<DELETED>    (b) Clerical Amendments.--(1) The heading of such section 
is amended to read as follows:</DELETED>
<DELETED>``Sec. 2576b. Excess personal property: reutilization to 
              assist firefighting agencies''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 153 
of such title is amended by striking the item relating to section 2576b 
and inserting the following new item:</DELETED>

<DELETED>``2576b. Excess personal property: reutilization to assist 
                            firefighting agencies.''.

<DELETED>SEC. 1080. EXPANSION OF DEPARTMENT OF DEFENSE EXCESS PERSONAL 
              PROPERTY DISPOSAL PROGRAM TO INCLUDE HEALTH 
              AGENCIES.</DELETED>

<DELETED>    (a) Inclusion of Health Agencies.--Section 2576b of title 
10, United States Code, is amended by adding at the end the following 
new subsection:</DELETED>
<DELETED>    ``(e) Transfer to State Health Agencies.--The Secretary of 
Defense may expand the program authorized by this section to include 
the transfer to State health agencies of personal property of the 
Department of Defense that the Secretary determines is--</DELETED>
        <DELETED>    ``(1) excess to the needs of the Department of 
        Defense; and</DELETED>
        <DELETED>    ``(2) suitable for use in responding to health or 
        environmental emergencies.''.</DELETED>
<DELETED>    (b) Clerical Amendments.--(1) The heading of such section 
is amended to read as follows:</DELETED>
<DELETED>``Sec. 2576b. Excess personal property: reutilization to 
              assist firefighting agencies and health 
              agencies</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 153 
of such title is amended by striking the item relating to section 2576b 
and inserting the following new item:</DELETED>

<DELETED>``2576b. Excess personal property: reutilization to assist 
                            firefighting agencies and health 
                            agencies.''.

<DELETED>SEC. 1081. PLACEMENT OF MEMORIAL IN ARLINGTON NATIONAL 
              CEMETERY HONORING NONCITIZENS KILLED IN THE LINE OF DUTY 
              WHILE SERVING IN THE ARMED FORCES OF THE UNITED 
              STATES.</DELETED>

<DELETED>    (a) In General.--The Secretary of the Army shall place in 
Arlington National Cemetery a memorial marker honoring the service and 
sacrifice of noncitizens killed in the line of duty while serving in 
the Armed Forces of the United States.</DELETED>
<DELETED>    (b) Approval of Design and Site.--The Secretary of the 
Army, in consultation with Secretary of Veterans Affairs, shall approve 
an appropriate design and site within Arlington National Cemetery for 
the memorial marker provided for under subsection (a).</DELETED>
<DELETED>    (c) Use of Federal Funds.--Federal funds shall not be 
required or permitted to be used for the design and construction of the 
memorial marker provided for under subsection (a).</DELETED>
<DELETED>    (d) Authority To Accept Donations.--(1) The Secretary of 
the Army may accept gifts and donations of services, money, and 
property (including personal, tangible, or intangible property) for the 
design and construction of the memorial marker provided for under 
subsection (a).</DELETED>
<DELETED>    (2) The authority of the Secretary of the Army to accept 
gifts and donations under paragraph (1) shall expire on the date that 
is five years after the date of the enactment of this Act.</DELETED>

 <DELETED>TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL</DELETED>

<DELETED>SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PREMIUMS 
              FOR MOBILIZED FEDERAL EMPLOYEES.</DELETED>

<DELETED>    (a) Authority to Continue Benefit Coverage.--Section 8905a 
of title 5, United States Code is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``paragraph (1) 
        or (2) of'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1)(B), by striking 
                ``and'' at the end;</DELETED>
                <DELETED>    (B) in paragraph (2)(C), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the following new 
                paragraph:</DELETED>
        <DELETED>    ``(3) any employee who--</DELETED>
                <DELETED>    ``(A) is enrolled in a health benefits 
                plan under this chapter;</DELETED>
                <DELETED>    ``(B) is a member of a Reserve component 
                of the armed forces;</DELETED>
                <DELETED>    ``(C) is called or ordered to active duty 
                in support of a contingency operation (as defined in 
                section 101(a)(13) of title 10);</DELETED>
                <DELETED>    ``(D) is placed on leave without pay or 
                separated from service to perform active duty; 
                and</DELETED>
                <DELETED>    ``(E) serves on active duty for a period 
                of more than 30 consecutive days.''; and</DELETED>
        <DELETED>    (4) in subsection (e)(1)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by striking 
                ``or'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (B), by striking the 
                period at the end and inserting ``; or''; and</DELETED>
                <DELETED>    (C) by adding at the end the following new 
                subparagraph:</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.</DELETED>

<DELETED>    Section 1596a of title 10, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)(2), by striking ``during a 
        contingency operation supported by the armed forces''; 
        and</DELETED>
        <DELETED>    (2) in subsection (c), by inserting before the 
        period at the end the following: ``and shall not be considered 
        base pay for any purpose''.</DELETED>

<DELETED>SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE 
              PERSONNEL.</DELETED>

<DELETED>    Section 1602 of title 10, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``in relation 
        to the rates of pay provided in subpart D of part III of title 
        5 for positions subject to that subpart which have 
        corresponding levels of duties and responsibilities'' and 
        inserting ``in relation to the rates of pay provided for 
        Department of Defense Senior Executive, Senior Level, and other 
        comparable positions''; and</DELETED>
        <DELETED>    (2) by amending subsection (b) to read as 
        follows:</DELETED>
<DELETED>    ``(b) Performance Appraisal System.--The positions 
referred to in subsection (a) shall be subject to a performance 
appraisal system which, as designed and applied, is certified by the 
Secretary of Defense as making meaningful distinctions based on 
relative performance and may be the same performance appraisal system 
established and implemented within the Department for members of the 
Senior Executive Service.''.</DELETED>

<DELETED>SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN NONAPPROPRIATED 
              FUND INSTRUMENTALITIES.</DELETED>

<DELETED>    (a) In General.--Chapter 81 of title 10, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 1599e. Senior executive compensation for 
              nonappropriated fund instrumentalities</DELETED>
<DELETED>    ``Notwithstanding any provisions of title 5, the Secretary 
of Defense may regulate the amount of total compensation, including the 
rate of basic pay, of senior executives employed by Department of 
Defense nonappropriated fund instrumentalities, to provide for parity 
with the total compensation, including basic pay, of Department of 
Defense employees in the Senior Executive Service and other similar 
senior executive positions.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the item 
relating to section 1599d the following new item:</DELETED>

<DELETED>``1599e. Senior executive compensation for nonappropriated 
                            fund instrumentalities.''.

<DELETED>SEC. 1105. PROHIBITION OF UNAUTHORIZED WEARING OR USE OF 
              CIVILIAN MEDALS OR DECORATIONS.</DELETED>

<DELETED>    Chapter 57 of title 10, United States Code, is amended by 
adding at the end the following new section:</DELETED>
<DELETED>``Sec. 1134. Civilian medals or decorations of the Department 
              of Defense</DELETED>
<DELETED>    ``(a) Prohibition.--Except with the written permission of 
the Secretary of Defense or when authorized by regulations, no person 
may knowingly--</DELETED>
        <DELETED>    ``(1) wear; or</DELETED>
        <DELETED>    ``(2) use, in connection with any merchandise, 
        retail product, impersonation, solicitation, or commercial 
        activity;</DELETED>
<DELETED>medals, decorations, or other insignia awarded by the 
Secretary of Defense to recognize Department of Defense civilian 
employees and other individuals who render service to the Department of 
Defense.</DELETED>
<DELETED>    ``(b) Authority To Enjoin Violations.--Whenever it appears 
to the Attorney General that any person is engaged or is about to 
engage in an act or practice which constitutes or will constitute 
conduct prohibited by subsection (a), the Attorney General may initiate 
a civil proceeding in a district court of the United States to enjoin 
such act or practice. Such court shall proceed as soon as practicable 
to the hearing and determination of such action and may, at any time 
before final determination, enter such restraining orders or 
prohibitions, or take such other actions as is warranted, including 
imposing a civil penalty not to exceed $25,000 for each violation, to 
prevent injury to the United States or to any person or class of 
persons for whose protection the action is brought.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``1134. Civilian medals or decorations of the Department of 
                            Defense.''

    <DELETED>TITLE XII--MATTERS RELATING TO OTHER NATIONS</DELETED>

<DELETED>Subtitle A--Matters Relating to Iraq, Afghanistan, and Global 
                       War on Terrorism</DELETED>

<DELETED>SEC. 1201. DOCUMENTATION OF CONDITIONS IN IRAQ UNDER FORMER 
              DICTATORIAL GOVERNMENT AS PART OF TRANSITION TO POST-
              DICTATORIAL GOVERNMENT.</DELETED>

<DELETED>    (a) Findings.--The Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) The regime of Saddam Hussein in Iraq was a 
        dictatorial regime prone to secrecy in the maintenance of its 
        hold on power.</DELETED>
        <DELETED>    (2) The people of Iraq all suffered as a result of 
        Saddam Hussein's dictatorial control.</DELETED>
        <DELETED>    (3) Efforts in other post-dictatorial states to 
        document the crimes and abuses of their predecessor dictatorial 
        governments have contributed to the process of national 
        reconciliation and have served as a reminder about the 
        importance of protecting individual rights.</DELETED>
<DELETED>    (b) Transfer of Certain Documents and Records.--The 
Secretary of Defense shall, to the extent practicable, establish a 
process for expeditiously transferring to indigenous Iraqi entities 
committed to documenting publicly the nature of the Saddam Hussein 
regime any documents and records described in subsection (c) that are 
obtained by United States military forces in Iraq.</DELETED>
<DELETED>    (c) Covered Documents and Records.--The documents and 
records referred to in subsection (b) are documents and records--
</DELETED>
        <DELETED>    (1) that were created by--</DELETED>
                <DELETED>    (A) the Government of Iraq between 1968 
                and May 1, 2003; or</DELETED>
                <DELETED>    (B) the Ba'ath Socialist Party in Iraq 
                after 1968; and</DELETED>
        <DELETED>    (2) that provide insight into--</DELETED>
                <DELETED>    (A) the functioning of the Government of 
                Iraq or the Ba'ath Socialist Party in Iraq; 
                or</DELETED>
                <DELETED>    (B) the crimes, atrocities, and brutal 
                practices of the Iraqi government towards the people of 
                Iraq during the period between 1968 and May 1, 
                2003.</DELETED>

<DELETED>SEC. 1202. SUPPORT OF MILITARY OPERATIONS TO COMBAT 
              TERRORISM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Intelligence Activities.--This section does not 
constitute authority to conduct a covert action, as such term is 
defined in section 503(e) of the National Security Act of 1947 (50 
U.S.C. 413b(e)).</DELETED>
<DELETED>    (c) Annual Report.--Not later than 30 days after the close 
of each fiscal year during which subsection (a) is in effect, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on support provided under this section during that 
fiscal year. Each such report shall describe the support provided, 
including a statement of the recipient of the support and the amount 
obligated to provide the support.</DELETED>
<DELETED>    (d) Fiscal Year 2005 Limitation.--Support may be provided 
under subsection (a) during fiscal year 2005 only from funds made 
available for operations and maintenance pursuant to title XV of this 
Act.</DELETED>
<DELETED>    (e) Period of Authority.--The authority under subsection 
(a) is in effect during each of fiscal years 2005 through 
2007.</DELETED>

<DELETED>SEC. 1203. COMMANDERS' EMERGENCY RESPONSE PROGRAM.</DELETED>

<DELETED>    (a) Fiscal Year 2005 Authority.--During fiscal year 2005, 
from funds made available to the Department of Defense for operation 
and maintenance pursuant to title XV of this Act, not to exceed 
$300,000,000 may be used, notwithstanding any other provision of law, 
to provide funds for the Commanders' Emergency Response Program, 
established by the Administrator of the Coalition Provisional Authority 
for the purpose of enabling military commanders in Iraq to respond to 
urgent humanitarian relief and reconstruction requirements within their 
areas of responsibility by carrying out programs that will immediately 
assist the Iraqi people, and to provide funds for a similar program to 
assist the people of Afghanistan.</DELETED>
<DELETED>    (b) Quarterly Reports.--The Secretary of Defense shall 
submit to the congressional defense committees a quarterly report, 
beginning on January 15, 2005, regarding the source of funds and the 
allocation and use of funds made available pursuant to the 
authorityprovided in this section.</DELETED>

<DELETED>SEC. 1204. STATUS OF IRAQI SECURITY FORCES.</DELETED>

<DELETED>    (a) Strategic Plan.--No later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a strategic plan setting forth the manner in which the 
United States will achieve the goal of establishing viable and 
professional Iraqi security forces able to provide for the long-term 
security of the Iraqi people.</DELETED>
<DELETED>    (b) Components.--The strategic plan established under 
subsection (a) shall include at least the following:</DELETED>
        <DELETED>    (1) Recruiting and retention goals, shown for each 
        service of the Iraqi security forces.</DELETED>
        <DELETED>    (2) Training plans for each service of the Iraqi 
        security forces.</DELETED>
        <DELETED>    (3) A description of metrics by which progress 
        toward the goal of Iraqi provision for its own security can be 
        measured.</DELETED>
        <DELETED>    (4) A description of equipment needs, shown for 
        each service of the Iraqi security forces.</DELETED>
        <DELETED>    (5) A resourcing plan for achieving the goals of 
        the strategic plan.</DELETED>
        <DELETED>    (6) Personnel plans in terms of United States 
        military and contractor personnel to be used in training each 
        such service.</DELETED>
        <DELETED>    (7) A description of challenges faced and 
        opportunities presented in particular regions of Iraq and a 
        plan for addressing those challenges.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Subsequent Reports.--Ninety days following the 
submission of the strategic plan to Congress under subsection (a) and 
every 90 days thereafter, the Secretary shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a report 
on progress toward meeting the goals established in the strategic plan. 
Each such report shall address the following:</DELETED>
        <DELETED>    (1) The number of forces recruited, currently 
        serving, and that have left (along with a break-down of the 
        reasons for leaving) by service over the period in 
        question.</DELETED>
        <DELETED>    (2) Progress in meeting training goals.</DELETED>
        <DELETED>    (3) Progress in achieving other metrics as 
        identified in the strategic plan.</DELETED>
        <DELETED>    (4) A description and analysis of any training 
        incidents and deployment successes and failures, with a 
        discussion of how those incidents and successes will affect 
        future efforts to achieve the goals of the strategic 
        plan.</DELETED>
<DELETED>    (d) Iraqi Security Forces Defined.--In this section, the 
term ``Iraqi security forces'' means the Iraqi Armed Forces (IAF), the 
Iraqi Civil Defense Corps (ICDC), the Iraqi Police Service (IPS), the 
Department of Border Enforcement (DBE), and the Facilities Protection 
Services (FCS).</DELETED>

<DELETED>SEC. 1205. GUIDANCE AND REPORT REQUIRED ON CONTRACTORS 
              SUPPORTING DEPLOYED FORCES IN IRAQ.</DELETED>

<DELETED>    (a) Guidance.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall issue 
guidance on how to manage contractors that support deployed forces and 
shall direct the Secretaries of the military departments to develop 
procedures to ensure implementation of the guidance. The guidance 
shall--</DELETED>
        <DELETED>    (1) establish policies for the use of contractors 
        to support deployed forces;</DELETED>
        <DELETED>    (2) delineate the roles and responsibilities of 
        commanders regarding the management and oversight of 
        contractors that support deployed forces; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Report.--Not later than 30 days after issuing the 
guidance required under subsection (a), the Secretary of Defense shall 
submit to the Committees on Armed Services of the House of 
Representatives and the Senate a report containing a discussion of the 
following:</DELETED>
        <DELETED>    (1) A description of the process used by the 
        Department of Defense for deciding which security functions in 
        Iraq will be performed by military personnel and which by 
        private security companies.</DELETED>
        <DELETED>    (2) A discussion of the overall chain of command 
        and oversight mechanisms that are in place to ensure adequate 
        command and supervision of contractor personnel in critical 
        security roles.</DELETED>
        <DELETED>    (3) An explanation of the rules of engagement for 
        private security personnel throughout Iraq, along with how 
        training in these rules of engagement is being carried 
        out.</DELETED>
        <DELETED>    (4) A description of mechanisms that exist or that 
        are under consideration to share intelligence and standardize 
        communications procedures among private security 
        companies.</DELETED>
        <DELETED>    (5) Casualty and fatality figures for each 
        contractor in Iraq supporting deployed forces over the period 
        beginning on May 1, 2003, and ending on the date of the 
        issuance of the guidance.</DELETED>
        <DELETED>    (6) Disciplinary or criminal actions brought 
        against such contractors during the period covered by the 
        report.</DELETED>
        <DELETED>    (7) Any incidents of note in Iraq regarding such 
        contractors during the period covered by the report.</DELETED>
        <DELETED>    (8) A plan for establishing and implementing a 
        process for collecting data on individual contractors, the 
        value of the contracts, and the number of personnel in Iraq 
        performing the following services:</DELETED>
                <DELETED>    (A) Personal security details.</DELETED>
                <DELETED>    (B) Non-military site security.</DELETED>
                <DELETED>    (C) Non-military convoy 
                security.</DELETED>
                <DELETED>    (D) Interrogation services at 
                interrogation centers operated by the Department of 
                Defense.</DELETED>

<DELETED>SEC. 1206. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY 
              SPECIALIST JOSEPH DARBY.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) While the Department of Defense investigate 
        the horrific abuses in American detention facilities in Iraq, 
        the Nation should bear in mind that the abuses were only 
        brought to light because of the courage of an American 
        soldier.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Such an action is especially important in 
        light of the many challenges facing the country.</DELETED>
        <DELETED>    (5) Specialist Darby deserves the Nation's thanks 
        for speaking up and for standing up for what is 
        right.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that--
</DELETED>
        <DELETED>    (1) the Secretary of Defense should make every 
        protection available to Army Specialist Joseph Darby and others 
        who demonstrate such courage; and</DELETED>
        <DELETED>    (2) Specialist Darby should be commended 
        appropriately by the Secretary of the Army.</DELETED>

<DELETED>SEC. 1207. SENSE OF CONGRESS CONCERNING THE ABUSE OF PERSONS 
              IN CUSTODY IN IRAQ.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (1) the abuses inflicted upon detainees at the Abu 
        Ghraib prison in Baghdad, Iraq, are offensive to the principles 
        and values of the American people and the United States 
        military, are incompatible with the professionalism, 
        dedication, standards and training required of individuals who 
        serve in the United States military, and contradict the 
        policies, orders, and laws of the United States and the United 
        States military and undermine the ability of the United States 
        military to achieve its mission in Iraq.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) the abuse of persons in United States custody 
        in Iraq is appropriately condemned and deplored by the American 
        people;</DELETED>
        <DELETED>    (4) the Armed Forces are moving swiftly and 
        decisively to identify, try, and punish persons who were 
        responsible or culpable for such abuse;</DELETED>
        <DELETED>    (5) the Secretary of the Army must continue to 
        conduct a full and thorough investigation into any and all 
        allegations of mistreatment or abuse of detainees in 
        Iraq;</DELETED>
        <DELETED>    (6) the Secretary of the Army and appropriate 
        military authorities must continue to undertake corrective 
        action to address chain of command deficiencies and the 
        systemic deficiencies identified in the incidents in 
        question;</DELETED>
        <DELETED>    (7) the American principle and tradition of 
        affording proper and humane treatment to persons under the 
        custody of the United States Armed Forces must be 
        reaffirmed;</DELETED>
        <DELETED>    (8) the alleged crimes of a handful of individuals 
        should not detract from the commendable sacrifices of over 
        300,000 members of the United States Armed Forces who have 
        served, or who are serving, in Operation Iraqi Freedom; 
        and</DELETED>
        <DELETED>    (9) the United States expresses its continuing 
        solidarity and support for its partnership with the Iraqi 
        people in building a viable Iraqi government and a secure 
        nation.</DELETED>

<DELETED>SEC. 1208. SENSE OF CONGRESS REGARDING LIMITATION ON USE OF 
              FUNDS FOR THE RECONSTRUCTION OF IRAQ.</DELETED>

<DELETED>    It is the sense of Congress that no funds available to any 
department or agency of the United States Government may be used to 
provide assistance for the reconstruction of Iraq unless the President 
certifies to Congress that the United States Government has entered 
into an agreement with the Iraqi Governing Council or a transitional 
government in Iraq under which Iraq agrees that it will expend a 
significant portion of its revenues generated from oil production for 
reconstruction activities in Iraq.</DELETED>

<DELETED>SEC. 1209. SENSE OF CONGRESS ON DESTRUCTION OF ABU GHRAIB 
              PRISON IN IRAQ.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) Under the regime of Saddam Hussein, the Abu 
        Ghraib prison in Iraq was one of the world's most notorious 
        prisons.</DELETED>
        <DELETED>    (2) Under that regime, as many as 50,000 men and 
        women were jammed into the prison at one time in 12 feet by 12 
        feet cells.</DELETED>
        <DELETED>    (3) Under that regime, many people were tortured 
        and executed in the Abu Ghraib prison.</DELETED>
        <DELETED>    (4) Recent activities have further highlighted the 
        horrible memories that Abu Ghraib stands for.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of the Congress 
that the Secretary of Defense should assist the Iraqi Government, with 
the approval of that government, in destroying the Abu Ghraib prison 
and replacing it with a modern detention facility.</DELETED>

              <DELETED>Subtitle B--Other Matters</DELETED>

<DELETED>SEC. 1211. ASSIGNMENT OF ALLIED NAVAL PERSONNEL TO SUBMARINE 
              SAFETY PROGRAMS.</DELETED>

<DELETED>    (a) In General.--Chapter 631 of title 10, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 7234. Submarine safety programs: participation of 
              allied naval personnel</DELETED>
<DELETED>    ``(a) Acceptance of Assignment of Foreign Naval 
Personnel.--In order to facilitate the development, standardization, 
and interoperability of submarine vessel safety and rescue systems and 
procedures, the Secretary of the Navy may conduct a program under which 
members of the naval service of any of the member nations of the North 
Atlantic Treaty Organization and Australia, Japan, the Republic of 
Korea, and Sweden may be assigned to United States commands to work on 
such systems and procedures.</DELETED>
<DELETED>    ``(b) Costs for Foreign Personnel.--(1) The United States 
may not pay the following costs for a member of a foreign naval service 
sent to the United States under the program authorized by this 
section:</DELETED>
        <DELETED>    ``(A) Salary.</DELETED>
        <DELETED>    ``(B) Per diem.</DELETED>
        <DELETED>    ``(C) Cost of living.</DELETED>
        <DELETED>    ``(D) Travel costs.</DELETED>
        <DELETED>    ``(E) Cost of language or other 
        training.</DELETED>
        <DELETED>    ``(F) Other costs.</DELETED>
<DELETED>    ``(2) Paragraph (1) does not apply to the following costs, 
which may be paid by the United States:</DELETED>
        <DELETED>    ``(A) The cost of temporary duty directed by the 
        United States Navy.</DELETED>
        <DELETED>    ``(B) The cost of training programs conducted to 
        familiarize, orient, or certify members of foreign naval 
        services regarding unique aspects of their 
        assignments.</DELETED>
        <DELETED>    ``(C) Costs incident to the use of the facilities 
        of the United States Navy in the performance of assigned 
        duties.</DELETED>
<DELETED>    ``(d) Applicability to Authority to Enter Into 
Agreements.--The requirements of this section shall apply in the 
exercise of any authority of the Secretary of the Navy to enter into an 
agreement with the government of a foreign country, subject to the 
concurrence of the Secretary of State, to provide for the assignment of 
members of the naval service of the foreign country to a United States 
Navy submarine safety program.</DELETED>
<DELETED>    ``(e) Regulations.--The Secretary of the Navy may 
prescribe regulations for the application of this section in the 
exercise of authority referred to in subsection (d).''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``7234. Submarine safety programs: participation of allied 
                            naval personnel.''.

<DELETED>SEC. 1212. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF 
              CHINA SUBJECT TO CERTAIN PRESIDENTIAL AUTHORITIES WHEN 
              OPERATING IN THE UNITED STATES.</DELETED>

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

<DELETED>SEC. 1213. REPORT BY PRESIDENT ON GLOBAL PEACE OPERATIONS 
              INITIATIVE.</DELETED>

<DELETED>    Not later than one year after the date of the enactment of 
this Act, the President shall submit to the Congress a report on the 
Global Peace Operations Initiative. The report shall include the 
following elements:</DELETED>
        <DELETED>    (1) A summary of the goals of the Global Peace 
        Operations Initiative and the timetable for achieving those 
        goals.</DELETED>
        <DELETED>    (2) An examination of the mechanisms by which the 
        United States will ensure that foreign countries acquiring new 
        capabilities as a result of that Initiative will use those 
        capabilities to the national security benefit of the United 
        States.</DELETED>
        <DELETED>    (3) An examination of the mechanisms by which the 
        United States will ensure that training and equipment provided 
        under that Initiative are used solely for the purposes of 
        peacekeeping and peace enforcement operations.</DELETED>
        <DELETED>    (4) An examination of the human rights practices 
        of potential recipients under that Initiative, to include a 
        discussion of each potential recipient's commitment to 
        representative government.</DELETED>
        <DELETED>    (5) As assessment of the financial resources 
        required to carry out that Initiative during fiscal years 2005 
        through 2009.</DELETED>
        <DELETED>    (6) An assessment of the effectiveness of the 
        program of the Department of State referred to as the African 
        Contingency Operations and Training Assistance program and the 
        capacity of that program to be expanded.</DELETED>
        <DELETED>    (7) A review that compares and contrasts the basic 
        military skills required of warfighters and the skills needed 
        for peacekeeping and peace enforcement operations.</DELETED>
        <DELETED>    (8) An assessment of the ability of military 
        forces in the developing world to absorb, retain, and use the 
        advanced skills and capabilities needed for effective 
        peacekeeping and peace enforcement operations.</DELETED>
        <DELETED>    (9) A proposal for providing sufficient resources 
        to the Department of State to conduct the Global Peace 
        Operations Initiative without significant financial 
        contributions from the Department of Defense.</DELETED>
        <DELETED>    (10) An explanation of the reasons of the 
        Administration for proposing to exempt the Global Peace 
        Operations Initiative from existing law related to the type of 
        military and police training the United States may provide to 
        foreign countries.</DELETED>
        <DELETED>    (11) An examination of the costs and benefits of 
        transferring responsibility for the training and equipping of 
        foreign military and security forces from the Department of 
        State to the Department of Defense, including an identification 
        of any increased resources that will be provided to the 
        Department of Defense should the Department of Defense become 
        responsible for that activity.</DELETED>

<DELETED>SEC. 1214. PROCUREMENT SANCTIONS AGAINST FOREIGN PERSONS THAT 
              TRANSFER CERTAIN DEFENSE ARTICLES AND SERVICES TO THE 
              PEOPLE'S REPUBLIC OF CHINA.</DELETED>

<DELETED>    (a) Declaration of Policy.--Congress declares that it is 
the policy of the United States to deny the People's Republic of China 
such defense goods and defense technology that could be used to 
threaten the United States or undermine the security of Taiwan or the 
stability of the Western Pacific region.</DELETED>
<DELETED>    (b) Procurement Sanction.--(1) The Secretary of Defense 
may not procure, by contract or otherwise, any goods or services from--
</DELETED>
        <DELETED>    (A) any foreign person the Secretary of Defense 
        determines has, with actual knowledge, on or after the date of 
        the enactment of this Act, exported, transferred, or otherwise 
        provided to governmental or nongovernmental entities of the 
        People's Republic of China any item or class of items on the 
        United States Munitions List (or any item or class of items 
        that are identical, substantially identical, or directly 
        competitive to an item or class of items on the United States 
        Munitions List); and</DELETED>
        <DELETED>    (B) any foreign person the Secretary of Defense 
        determines--</DELETED>
                <DELETED>    (i) is a successor entity to a person 
                referred to in paragraph (1);</DELETED>
                <DELETED>    (ii) is a parent or subsidiary of a person 
                referred to in paragraph (1); or</DELETED>
                <DELETED>    (iii) is an affiliate of a person referred 
                to in paragraph (1) if that affiliate is controlled in 
                fact by such person.</DELETED>
<DELETED>    (2) The prohibition under paragraph (1) with respect to a 
foreign person shall last for a period of five years after a 
determination is made by the Secretary of Defense with respect to that 
person under paragraph (1)(A).</DELETED>
<DELETED>    (c) Public Availability of List of Sanctioned Persons.--
(1) The Secretary of Defense shall annually publish in the Federal 
Register a current list of any foreign persons sanctioned under 
subsection (b). The removal of foreign persons from, and the addition 
of foreign persons to, the list shall also be so published.</DELETED>
<DELETED>    (2) The Secretary shall maintain the list published under 
paragraph (1) on the Internet website of the Department of 
Defense.</DELETED>
<DELETED>    (d) Removal From List of Sanctioned Persons.--The 
Secretary of Defense may remove a person from the list of sanctioned 
persons referred to in subsection (c) only after the five-year 
prohibition period imposed under subsection (b) with respect to the 
person has expired.</DELETED>
<DELETED>    (e) Exceptions.--(1) Subsection (b) shall not apply--
</DELETED>
        <DELETED>    (A) to contracts, or subcontracts under such 
        contracts, in existence on the date of the enactment of this 
        Act, including options under such contracts;</DELETED>
        <DELETED>    (B) if the Secretary of Defense determines in 
        writing that the person to which the sanctions would otherwise 
        be applied is a sole source supplier of the goods or services 
        being procured, that the goods or services are essential, and 
        that alternative sources are not readily or reasonably 
        available;</DELETED>
        <DELETED>    (C) in the case of a contract for routine 
        servicing and maintenance, if the Secretary of Defense 
        determines in writing alternative sources for performing the 
        contract are not readily or reasonably available; or</DELETED>
        <DELETED>    (D) if the Secretary of Defense determines in 
        writing that goods or services proposed to be procured under 
        the contract are essential to the national security of the 
        United States.</DELETED>
<DELETED>    (2) Determinations under paragraph (1) shall be published 
in the Federal Register.</DELETED>
<DELETED>    (f) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The term ``foreign person'' has the meaning 
        given the term in section 14 of the Iran and Libya Sanctions 
        Act of 1996 (50 U.S.C. 1701).</DELETED>
        <DELETED>    (2) The term ``United States Munitions List'' 
        means the list referred to in section 38(a)(1) of the Arms 
        Export Control Act (22 U.S.C. 2778(a)(1)).</DELETED>

<DELETED>SEC. 1215. MILITARY EDUCATIONAL EXCHANGES BETWEEN SENIOR 
              OFFICERS AND OFFICIALS OF THE UNITED STATES AND 
              TAIWAN.</DELETED>

<DELETED>    (a) Defense Exchanges.--The Secretary of Defense shall 
undertake a program of senior military officer and senior official 
exchanges with Taiwan designed to improve Taiwan's defenses against the 
People's Liberation Army of the People's Republic of China.</DELETED>
<DELETED>    (b) Exchanges Described.--For the purposes of this 
section, the term ``exchange'' means an activity, exercise, event, or 
observation opportunity between Armed Forces personnel or Department of 
Defense officials of the United States and armed forces personnel and 
officials of Taiwan.</DELETED>
<DELETED>    (c) Focus of Exchanges.--The senior military officer and 
senior official exchanges undertaken pursuant to subsection (a) shall 
include exchanges focused on the following, especially as they relate 
to defending Taiwan against potential submarine attack and potential 
missile attack:</DELETED>
        <DELETED>    (1) Threat analysis.</DELETED>
        <DELETED>    (2) Military doctrine.</DELETED>
        <DELETED>    (3) Force planning.</DELETED>
        <DELETED>    (4) Logistical support.</DELETED>
        <DELETED>    (5) Intelligence collection and 
        analysis.</DELETED>
        <DELETED>    (6) Operational tactics, techniques, and 
        procedures.</DELETED>
<DELETED>    (d) Civil-Military Affairs.--The senior military officer 
and senior official exchanges undertaken pursuant to subsection (a) 
shall include activities and exercises focused on civil-military 
relations, including parliamentary relations.</DELETED>
<DELETED>    (e) Location of Exchanges.--The senior military officer 
and senior official exchanges undertaken pursuant to subsection (a) 
shall be conducted in both the United States and Taiwan.</DELETED>
<DELETED>    (f) Definitions.--For purposes of this section:</DELETED>
        <DELETED>    (1) The term ``senior military officer'' means a 
        general or flag officer of the Armed Forces on active 
        duty.</DELETED>
        <DELETED>    (2) The term ``senior official'' means a civilian 
        official of the Department of Defense at the level of Deputy 
        Assistant Secretary of Defense or above.</DELETED>

 <DELETED>TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE 
                     FORMER SOVIET UNION</DELETED>

<DELETED>SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
              PROGRAMS AND FUNDS.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1302. FUNDING ALLOCATIONS.</DELETED>

<DELETED>    (a) Funding for Specific Purposes.--Of the amount 
authorized to be appropriated to the Department of Defense for fiscal 
year 2005 in section 301(19) for Cooperative Threat Reduction programs, 
the following amounts may be obligated for the purposes 
specified:</DELETED>
        <DELETED>    (1) For strategic offensive arms elimination in 
        Russia, $58,522,000.</DELETED>
        <DELETED>    (2) For nuclear weapons transportation security in 
        Russia, $26,284,000.</DELETED>
        <DELETED>    (3) For nuclear weapons storage security in 
        Russia, $48,720,000.</DELETED>
        <DELETED>    (4) For activities designated as Other 
        Assessments/Administrative Support, $14,267,000.</DELETED>
        <DELETED>    (5) For defense and military contacts, 
        $8,000,000.</DELETED>
        <DELETED>    (6) For chemical weapons destruction in Russia, 
        $158,400,000.</DELETED>
        <DELETED>    (7) For biological weapons proliferation 
        prevention in the former Soviet Union, $55,013,000.</DELETED>
        <DELETED>    (8) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $40,030,000.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (B) 15 days have elapsed following the date of the 
        notification.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING 
              FOR CHEMICAL WEAPONS DESTRUCTION FACILITY IN 
              RUSSIA.</DELETED>

<DELETED>    (a) Temporary Authority.--Section 1305 of the National 
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 
U.S.C. 5952 note) shall not apply if the President submits to Congress 
a written certification that includes--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) a full and complete justification for the 
        waiver of the conditions; and</DELETED>
        <DELETED>    (3) a plan to promote a full and accurate 
        disclosure by Russia regarding the size, content, status, and 
        location of its chemical weapons stockpile.</DELETED>
<DELETED>    (b) Expiration.--The authority in subsection (a) shall 
expire on September 30, 2005.</DELETED>

     <DELETED>TITLE XIV--EXPORT CONTROLS AND COUNTERPROLIFERATION 
                           MATTERS</DELETED>

         <DELETED>Subtitle A--Export Control Matters</DELETED>

<DELETED>SEC. 1401. DEFINITIONS UNDER ARMS EXPORT CONTROL 
              ACT.</DELETED>

<DELETED>    Section 47 of the Arms Export Control Act (22 U.S.C. 2794) 
is amended--</DELETED>
        <DELETED>    (1) in paragraph (10)--</DELETED>
                <DELETED>    (A) by moving the margin two ems to the 
                left; and</DELETED>
                <DELETED>    (B) by striking ``and'' at the 
                end;</DELETED>
        <DELETED>    (2) in paragraph (11)--</DELETED>
                <DELETED>    (A) by moving the margin two ems to the 
                left; and</DELETED>
                <DELETED>    (B) by striking the period at the end and 
                inserting a semicolon; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(12) `license' means a document bearing the word license 
issued by the United States Government agency charged with implementing 
section 38 of this Act, which permits the export or import of a defense 
article or defense service;</DELETED>
<DELETED>    ``(13) `agent' means a representative or emissary of a 
government other than an officer or employee of the government; 
and</DELETED>
<DELETED>    ``(14) `exporting agent' means a freight forwarder or 
other consignee designated on a license application who is authorized 
to act on behalf of and the control of the license 
applicant.''.</DELETED>

<DELETED>SEC. 1402. EXEMPTION FROM LICENSING REQUIREMENTS FOR EXPORT OF 
              SIGNIFICANT MILITARY EQUIPMENT.</DELETED>

<DELETED>    Section 38(b)(2) of the Arms Export Control Act (22 U.S.C. 
2778(b)(2)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(2) Except'' and inserting 
        ``(2)(A) Except'';</DELETED>
        <DELETED>    (2) by striking ``(A) for official'' and inserting 
        ``(i) for official'' and further by striking ``(B) for carrying 
        out'' and inserting ``(ii) for carrying out''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(B) The President may not establish an exemption in 
regulation or otherwise from the license requirements of this section 
for the export of a defense article that is significant military 
equipment (other than a firearm that is intended for personal 
use).''.</DELETED>

<DELETED>SEC. 1403. COOPERATIVE PROJECTS WITH FRIENDLY FOREIGN 
              COUNTRIES.</DELETED>

<DELETED>    Section 27 of the Arms Export Control Act (22 U.S.C. 2767) 
is amended--</DELETED>
        <DELETED>    (1) in subsection (g) to read as 
        follows:</DELETED>
<DELETED>    ``(g) Unless the President states in his certification 
that an emergency exists which requires the immediate approval of the 
cooperative agreement in the national security interests of the United 
States (in which case the President shall set forth in the 
certification a justification for this determination), an agreement 
shall not be signed if, within the 30-day period specified in 
subsection (f), a joint resolution prohibiting the agreement is enacted 
into law.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(k) A license shall be required for the export of 
defense articles or defense services relating to a cooperative project 
by any person required to be registered under section 38(b)(1)(A)(i) 
whenever such export is made pursuant to, or in furtherance of, a 
private contract, purchase order, or similar commercial arrangement 
with a foreign corporation.''.</DELETED>

<DELETED>SEC. 1404. LICENSING REQUIREMENT FOR EXPORT OF MILITARILY 
              CRITICAL TECHNOLOGIES.</DELETED>

<DELETED>    (a) Licensing Requirement.--The President shall require a 
license under the Export Administration Regulations of the Department 
of Commerce (15 C.F.R. part 730 et seq.) or the International Traffic 
in Arms Regulations (22 C.F.R. part 120 et seq.), as the case may be, 
for the export of goods or technologies included on the Militarily 
Critical Technologies List.</DELETED>
<DELETED>    (b) Definition.--In this section, the term ``Militarily 
Critical Technologies List'' means the list required to be developed by 
the Secretary of Defense pursuant to section 5(d)(2) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2404(d)(2)), as such list 
was effect on January 20, 2004, and includes any goods or technologies 
that have been added to the list after that date.</DELETED>

<DELETED>SEC. 1405. CONTROL OF EXPORTS OF UNITED STATES WEAPONS 
              TECHNOLOGY TO THE PEOPLE'S REPUBLIC OF CHINA.</DELETED>

<DELETED>    A dual use good or technology subject to the jurisdiction 
of the Export Administration Regulations of the Department of Commerce 
(15 C.F.R. part 730 et seq.) and a defense article or defense service 
subject to the jurisdiction of the International Traffic in Arms 
Regulations (22 C.F.R. part 120 et seq.) may be exported to a foreign 
person or a foreign country that has previously exported any such item 
to the military, intelligence, police, or internal security services of 
the Government of the People's Republic of China that would be 
prohibited for export to China if subject to United States export 
control laws only if--</DELETED>
        <DELETED>    (1) a license for such export is approved under 
        the Export Administration Regulations or the International 
        Traffic in Arms Regulations and the Secretary of Defense 
        concurs in the approval of such license; and</DELETED>
        <DELETED>    (2) the foreign person or foreign country agrees 
        in writing not to transfer title to or possession of, or 
        otherwise provide access to, the licensed items, unless the 
        President provides written consent thereto.</DELETED>

<DELETED>SEC. 1406. STRENGTHENING INTERNATIONAL EXPORT 
              CONTROLS.</DELETED>

<DELETED>    (a) Finding.--The Congress recognizes that the 
international export control system, as currently constituted, is 
insufficient to achieve the national security interests of the United 
States.</DELETED>
<DELETED>    (b) National Export Control Policy.--It is the policy of 
the United States to seek continued negotiations of a strengthened 
international export control system for the control of arms and 
militarily-sensitive goods and technology to countries of 
concern.</DELETED>
<DELETED>    (c) Presidential Reporting Requirement.--(1) Not later 
than 180 days after the date of the enactment of this Act, and every 
six months thereafter, the President shall submit to the committees 
referred to in subsection (d) a report setting forth the President's 
plan for effecting a strengthened international export control system 
capable of achieving the national security interests of the United 
States.</DELETED>
<DELETED>    (2) The report shall include--</DELETED>
        <DELETED>    (A) an evaluation of the effectiveness of the 
        current international export control system;</DELETED>
        <DELETED>    (B) a plan for negotiating and implementing a 
        strengthened international export control system capable of 
        achieving the national security interests of the United States; 
        and</DELETED>
        <DELETED>    (C) challenges to and progress in negotiating and 
        implementing that plan.</DELETED>
<DELETED>    (d) Committees; Classification of Report.--(1) The report 
required by subsection (c) shall be submitted to--</DELETED>
        <DELETED>    (A) the Committee on Armed Services, the Committee 
        on International Relations, and the Permanent Select Committee 
        on Intelligence of the House of Representatives; and</DELETED>
        <DELETED>    (B) the Committee on Armed Services, the Committee 
        on Banking, Housing and Urban Affairs, and the Select Committee 
        on Intelligence of the Senate.</DELETED>
<DELETED>    (2) The report shall be submitted in unclassified form 
and, as necessary, in classified form.</DELETED>

      <DELETED>Subtitle B--Counterproliferation Matters</DELETED>

<DELETED>SEC. 1411. DEFENSE INTERNATIONAL COUNTERPROLIFERATION 
              PROGRAMS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by striking ``The training program referred to 
        in paragraph (1)(B) is a'' and inserting `The Secretary of 
        Defense may participate in a'';</DELETED>
        <DELETED>    (2) by inserting ``of'' after 
        ``acquisition'';</DELETED>
        <DELETED>    (3) by striking ``and'' after ``countries''; 
        and</DELETED>
        <DELETED>    (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''.</DELETED>

<DELETED>SEC. 1412. DEFENSE COUNTERPROLIFERATION FELLOWSHIP 
              PROGRAM.</DELETED>

<DELETED>    (a) Program Authorized.--Chapter 101 of title 10, United 
States Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 2015. Defense counterproliferation fellowship 
              program</DELETED>
<DELETED>    ``(a) Program Authority.--The Secretary of Defense may 
carry out a program under which foreign military defense personnel are 
selected to attend Department of Defense courses and programs in 
counterproliferation and nonproliferation matters in order to improve 
the ability of the foreign military defense personnel to contribute to 
halting the illicit acquisition or transportation of weapons of mass 
destruction or of materials that support the development or use of such 
weapons.</DELETED>
<DELETED>    ``(b) Authority to Pay for Costs of Participants.--The 
Secretary of Defense may pay for all costs (including transportation, 
travel, and subsistence costs) associated with the attendance by a 
participant at courses and programs in the program under this 
section.</DELETED>
<DELETED>    ``(c) Participants.--(1) The following persons may be 
selected for participation in the program under this section:</DELETED>
        <DELETED>    ``(A) Foreign military officers.</DELETED>
        <DELETED>    ``(B) Foreign ministry of defense 
        officials.</DELETED>
<DELETED>    ``(2) Participants in the program shall be selected by the 
Secretary of Defense based upon recommendations made by the commanders 
of the regional unified combatant commands.</DELETED>
<DELETED>    ``(d) Authorized Program Activities.--Participants in the 
program may be selected for attendance at, and may be authorize to 
attend, any of the following:</DELETED>
        <DELETED>    ``(1) Department of Defense professional military 
        educational institutions.</DELETED>
        <DELETED>    ``(2) Regional centers for security studies of the 
        Department of Defense.</DELETED>
<DELETED>    ``(e) Regulations.--The Secretary of Defense shall 
prescribe regulations for the administration of the program under this 
section.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``2015. Defense counterproliferation fellowship program.''.

<DELETED>Subtitle C--Initiatives Relating to Countries of Former Soviet 
                            Union</DELETED>

<DELETED>SEC. 1421. SILK ROAD INITIATIVE.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) A number of independent states of the former 
        Soviet Union have been helpful to the United States in the war 
        on terrorism.</DELETED>
        <DELETED>    (2) Such states are new and struggling democracies 
        and would benefit considerably from assistance to create 
        sustainable jobs for their underemployed or unemployed 
        scientists, engineers, and technicians who were formerly 
        engaged in activities to develop and produce weapons of mass 
        destruction for the Russian Federation or other such 
        state.</DELETED>
<DELETED>    (b) Policies.--(1) It is the policy of the United States 
to seek to establish and promote programs to prevent the proliferation, 
from scientists, engineers, and technicians of the Russian Federation 
and other independent states of the former Soviet Union to countries of 
proliferation concern, of expertise to develop and produce weapons of 
mass destruction.</DELETED>
<DELETED>    (2) It is also the policy of the United States to seek to 
assist independent states of the former Soviet Union that have been 
helpful to the United States in the war on terrorism so as to promote 
the creation of jobs that foster economic stability and 
democracy.</DELETED>
<DELETED>    (c) Program Authorized.--(1) The Secretary of Energy may 
carry out a program, to be known as the Silk Road Initiative, to 
promote non-weapons-related employment opportunities in the United 
States and in Silk Road nations for scientists, engineers, and 
technicians formerly engaged in activities to develop and produce 
weapons of mass destruction in Silk Road nations. The program should--
</DELETED>
        <DELETED>    (A) incorporate best practices under the former 
        Initiatives for Proliferation Prevention program; and</DELETED>
        <DELETED>    (B) facilitate commercial partnerships between 
        private entities in the United States and scientists, 
        engineers, and technicians in the Silk Road nations.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Silk Road Nations Defined.--In this section, the Silk 
Road nations are Armenia, Azerbaijan, the Republic of Georgia, 
Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and 
Uzbekistan.</DELETED>
<DELETED>    (e) Funding.--Of the funds authorized to be appropriated 
to the Department of Energy for nonproliferation and international 
security for fiscal year 2005, $10,000,000 may be used to carry out 
this section.</DELETED>

<DELETED>SEC. 1422. TELLER-KURCHATOV NONPROLIFERATION 
              FELLOWSHIPS.</DELETED>

<DELETED>    (a) In General.--(1) From amounts made available to carry 
out this section, the Administrator for Nuclear Security may carry out 
a program under which the Administrator awards, to scientists employed 
at the Kurchatov Institute of the Russian Federation and scientists 
employed at Lawrence Livermore National Laboratory, international 
exchange fellowships, to be known as Teller-Kurchatov Nonproliferation 
Fellowships, in the nuclear nonproliferation sciences.</DELETED>
<DELETED>    (2) The purpose of the program shall be to provide 
opportunities for advancement in the field of nuclear nonproliferation 
to scientists who, as demonstrated by their academic or professional 
achievements, show particular promise of making significant 
contributions in that field.</DELETED>
<DELETED>    (3) A fellowship awarded to a scientist under the program 
shall be for study and training at (and, where appropriate, at an 
institution of higher education in the vicinity of)--</DELETED>
        <DELETED>    (A) the Kurchatov Institute, in the case of a 
        scientist employed at Lawrence Livermore National Laboratory; 
        and</DELETED>
        <DELETED>    (B) Lawrence Livermore National Laboratory, in the 
        case of a scientist employed at the Kurchatov 
        Institute.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (5) In a calendar year, the Administrator may not award 
more than--</DELETED>
        <DELETED>    (A) one fellowship to a scientist employed at the 
        Kurchatov Institute; and</DELETED>
        <DELETED>    (B) one fellowship to a scientist employed at 
        Lawrence Livermore National Laboratory.</DELETED>
<DELETED>    (6) A fellowship under the program shall include--
</DELETED>
        <DELETED>    (A) travel expenses;</DELETED>
        <DELETED>    (B) any tuition and fees at an institution of 
        higher education for study or training under the fellowship; 
        and</DELETED>
        <DELETED>    (C) any other expenses that the Administrator 
        considers appropriate, such as room and board.</DELETED>
<DELETED>    (b) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The term ``institution of higher education'' 
        means a college, university, or other educational institution 
        that is empowered by an appropriate authority, as determined by 
        the Administrator, to award degrees higher than the 
        baccalaureate level.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) The term ``scientist'' means an individual who 
        has a degree from an institution of higher education in a 
        science that has practical application in the field of nuclear 
        nonproliferation.</DELETED>
<DELETED>    (c) Funding.--Of the funds authorized to be appropriated 
to the Department of Energy for nonproliferation and international 
security for fiscal year 2005, $10,000,000 may be used to carry out 
this section.</DELETED>

<DELETED>SEC. 1423. COLLABORATION TO REDUCE THE RISKS OF A LAUNCH OF 
              RUSSIAN NUCLEAR WEAPONS.</DELETED>

<DELETED>    (a) Findings.--Congress finds that, despite the ending of 
the Cold War more than a decade ago, the nuclear postures and strategic 
command and control systems of the Russian Federation pose risks that a 
nuclear ballistic missile could be launched as the result of an 
accident, misinformation, miscalculation, or unauthorized use. Such 
risks are posed as a result of factors including the 
following:</DELETED>
        <DELETED>    (1) The high state of readiness of the Russian 
        Federation's nuclear forces.</DELETED>
        <DELETED>    (2) The remote locations of much of the Russian 
        Federation's nuclear forces.</DELETED>
        <DELETED>    (3) The inadequacy of the Russian Federation's 
        early-warning information.</DELETED>
        <DELETED>    (4) The very short time that would be available to 
        the President of the Russian Federation if the President were 
        informed that a nuclear ballistic missile attack was or might 
        be underway.</DELETED>
        <DELETED>    (5) The possibility that the Russian Federation, 
        because of concerns that much of its nuclear forces would not 
        survive a nuclear attack, may have a nuclear deterrence posture 
        reliant upon launching a retaliatory nuclear strike when it 
        believes a nuclear ballistic missile attack against it is or 
        might be underway.</DELETED>
        <DELETED>    (6) Deficiencies in the security and control of 
        the nuclear forces of the Russian Federation that could result 
        in unauthorized personnel gaining control of a nuclear-armed 
        missile or warhead.</DELETED>
        <DELETED>    (7) The susceptibility of nuclear strategic 
        command and control systems and early-warning systems to an 
        intrusion or accident that could create the false appearance 
        that a nuclear ballistic missile attack is or might be 
        underway.</DELETED>
<DELETED>    (b) Report.--(1) Not later than November 1, 2005, the 
Secretary of Defense shall submit to Congress a report on the 
collaborative measures that the United States and the Russian 
Federation could take to reduce the risks that a nuclear ballistic 
missile could be launched as the result of an accident, misinformation, 
miscalculation, or unauthorized use. For each such measure, the report 
shall provide--</DELETED>
        <DELETED>    (A) specific comments on the advisability of the 
        measure in terms of the potential contribution of the measure 
        to the national security interests of the United States, 
        including the potential contribution of the measure in 
        improving relations between the United States and the Russian 
        Federation; and</DELETED>
        <DELETED>    (B) a description of the obstacles and 
        opportunities associated with pursuing the measure.</DELETED>
<DELETED>    (2) In addition to any other measure that the Secretary 
considers appropriate, the report required by paragraph (1) shall cover 
the following measures:</DELETED>
        <DELETED>    (A) The future of the Joint Data Exchange 
        Center.</DELETED>
        <DELETED>    (B) Potential topics for discussion between high-
        level military leaders of the United States and of the Russian 
        Federation on reducing the risk that a nuclear ballistic 
        missile could be launched as the result of an accident, 
        misinformation, miscalculation, or unauthorized use.</DELETED>

 <DELETED>TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION 
         IRAQI FREEDOM AND OPERATION ENDURING FREEDOM</DELETED>

<DELETED>SEC. 1501. PURPOSE.</DELETED>

<DELETED>    The purpose of this title is to authorize appropriations 
for the Department of Defense for fiscal year 2005, in addition to 
amounts otherwise authorized by this Act, to provide funds for 
additional costs due to Operation Iraqi Freedom and Operation Enduring 
Freedom.</DELETED>

     <DELETED>Subtitle A--Authorization of Appropriations</DELETED>

<DELETED>SEC. 1511. ARMY PROCUREMENT.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for procurement accounts of the Army in amounts as 
follows:</DELETED>
        <DELETED>    (1) For aircraft, $498,300,000.</DELETED>
        <DELETED>    (2) For missiles, $42,800,000.</DELETED>
        <DELETED>    (3) For weapons and tracked combat vehicles, 
        $201,900,000.</DELETED>
        <DELETED>    (4) For ammunition, $78,750,000.</DELETED>
        <DELETED>    (5) For other procurement, 
        $1,567,410,000.</DELETED>
        <DELETED>    (6) For National Guard and Reserve equipment, 
        $50,000,000.</DELETED>

<DELETED>SEC. 1512. NAVY AND MARINE CORPS PROCUREMENT.</DELETED>

<DELETED>    (a) Marine Corps.--Funds are hereby authorized to be 
appropriated for fiscal year 2005 for the procurement account for the 
Marine Corps in the amount of $98,190,000.</DELETED>
<DELETED>    (b) Navy and Marine Corps Ammunition.--Funds are hereby 
authorized to be appropriated for fiscal year 2005 for the procurement 
account for ammunition for the Navy and the Marine Corps in the amount 
of $38,402,000.</DELETED>

<DELETED>SEC. 1513. AIR FORCE PROCUREMENT.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for the procurement account for aircraft for the Air Force in 
amount of $99,000,000.</DELETED>

<DELETED>SEC. 1514. DEFENSE-WIDE ACTIVITIES PROCUREMENT.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for the procurement account for Defense-wide procurement in 
the amount of $720,000,000.</DELETED>

<DELETED>SEC. 1515. OPERATION AND MAINTENANCE.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for the use of the Armed Forces for expenses, not otherwise 
provided for, for operation and maintenance, in amounts as 
follows:</DELETED>
        <DELETED>    (1) For the Army, $9,607,113,000.</DELETED>
        <DELETED>    (2) For the Navy, $256,500,000.</DELETED>
        <DELETED>    (3) For the Marine Corps, 
        $2,398,735,000.</DELETED>
        <DELETED>    (4) For the Air Force, $1,635,000,000.</DELETED>
        <DELETED>    (5) For Defense-wide, $2,327,900,000.</DELETED>

<DELETED>SEC. 1516. DEFENSE HEALTH PROGRAM.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2005 for expenses, not otherwise 
provided for, for the Defense Health Program, in the amount of 
$75,000,000, for Operation and Maintenance.</DELETED>

<DELETED>SEC. 1517. MILITARY PERSONNEL.</DELETED>

<DELETED>    There is hereby authorized to be appropriated to the 
Department of Defense for military personnel accounts for fiscal year 
2005 a total of $5,305,000,000.</DELETED>

<DELETED>SEC. 1518. TREATMENT AS ADDITIONAL AUTHORIZATIONS.</DELETED>

<DELETED>    The amounts authorized to be appropriated by this title 
are in addition to amounts otherwise authorized to be appropriated by 
this Act.</DELETED>

<DELETED>SEC. 1519. TRANSFER AUTHORITY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (2) The total amount of authorizations that the Secretary 
may transfer under the authority of this section may not exceed 
$2,500,000,000. The transfer authority provided in this section is in 
addition to any other transfer authority available to the Secretary of 
Defense.</DELETED>
<DELETED>    (b) Limitations.--The authority provided by this section 
to transfer authorizations--</DELETED>
        <DELETED>    (1) may only be used to provide authority for 
        items that have a higher priority than the items from which 
        authority is transferred;</DELETED>
        <DELETED>    (2) may not be used to provide authority for an 
        item that has been denied authorization by Congress; 
        and</DELETED>
        <DELETED>    (3) may not be combined with the authority under 
        section 1001.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Notice to Congress.--The Secretary shall promptly 
notify Congress of each transfer made under subsection (a).</DELETED>

<DELETED>SEC. 1520. DESIGNATION OF EMERGENCY AUTHORIZATIONS.</DELETED>

<DELETED>    The amounts authorized to be appropriated by this title 
are available upon the enactment of this Act and are designated for 
emergency contingency operations related to the global war on 
terrorism.</DELETED>

          <DELETED>Subtitle B--Personnel Provisions</DELETED>

<DELETED>SEC. 1531. THREE-YEAR INCREASE IN ACTIVE ARMY STRENGTH 
              LEVELS.</DELETED>

<DELETED>    (a) Authorized End Strengths.--(1) The end strength level 
authorized for the Army for fiscal year 2005 under section 401 is 
hereby increased by 10,000.</DELETED>
<DELETED>    (2) For fiscal years 2006 and 2007, the Army is authorized 
strengths for active duty personnel as follows:</DELETED>
        <DELETED>    (A) As of September 30, 2006, 502,400.</DELETED>
        <DELETED>    (B) As of September 30, 2007, 512,400.</DELETED>
<DELETED>    (b) Statutory Minimum Active Strength Level.--The minimum 
strength for the Army under section 691(b) of title 10, United States 
Code (notwithstanding the number specified in paragraph (1) of that 
section)--</DELETED>
        <DELETED>    (1) for the period beginning on October 1, 2004, 
        and ending on September 30, 2005, shall be the number specified 
        in section 401(1) of this Act, increased by 10,000;</DELETED>
        <DELETED>    (2) for the period beginning on October 1, 2005, 
        and ending on September 30, 2006, shall be 502,400; 
        and</DELETED>
        <DELETED>    (3) for the period beginning on October 1, 2006, 
        and ending on September 30, 2007, shall be 512,400.</DELETED>
<DELETED>    (c) Notice to Congress.--If the Secretary of Defense, in 
consultation with the Secretary of the Army, determines that 
adjustments are necessary to the minimum end-strength level for the 
Army in effect at any time pursuant to subsection (b), the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report providing the Secretary's 
recommendations and rationale for such an adjustment. Such a report 
must be submitted before the submission of the budget request for the 
fiscal year for which the change would be effective.</DELETED>

<DELETED>SEC. 1532. THREE-YEAR INCREASE IN ACTIVE MARINE CORPS STRENGTH 
              LEVELS.</DELETED>

<DELETED>    (a) Authorized End Strengths.--(1) The end strength level 
authorized for the Marine Corps for fiscal year 2005 under section 401 
is hereby increased by 3,000.</DELETED>
<DELETED>    (2) For fiscal years 2006 and 2007, the Marine Corps is 
authorized strengths for active duty personnel as follows:</DELETED>
        <DELETED>    (A) As of September 30, 2006, 181,000.</DELETED>
        <DELETED>    (B) As of September 30, 2007, 184,000.</DELETED>
<DELETED>    (b) Statutory Minimum Active Strength Level.--The minimum 
strength for the Marine Corps under section 691(b) of title 10, United 
States Code (notwithstanding the number specified in paragraph (3) of 
that section)--</DELETED>
        <DELETED>    (1) for the period beginning on October 1, 2004, 
        and ending on September 30, 2005, shall be the number specified 
        in section 401(3) of this Act, increased by 3,000;</DELETED>
        <DELETED>    (2) for the period beginning on October 1, 2005, 
        and ending on September 30, 2006, shall be 181,000; 
        and</DELETED>
        <DELETED>    (3) for the period beginning on October 1, 2006, 
        and ending on September 30, 2007, shall be 184,000.</DELETED>
<DELETED>    (c) Notice to Congress.--If the Secretary of Defense, in 
consultation with the Secretary of the Navy, determines that 
adjustments are necessary to the minimum end-strength level for the 
Marine Corps in effect at any time pursuant to subsection (b), the 
Secretary of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report providing the 
Secretary's recommendations and rationale for such an adjustment. Such 
a report must be submitted before the submission of the budget request 
for the fiscal year for which the change would be effective.</DELETED>

<DELETED>SEC. 1533. EXTENSION OF INCREASED RATES FOR IMMINENT DANGER 
              PAY AND FAMILY SEPARATION ALLOWANCE.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (2) Effective January 1, 2006, such section is further 
amended--</DELETED>
        <DELETED>    (A) in subsection (a), by striking ``$150'' and 
        inserting ``$225''; and</DELETED>
        <DELETED>    (B) by striking subsection (e).</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (2) Effective January 1, 2006, such section is further 
amended--</DELETED>
        <DELETED>    (A) in subsection (a)(1), by striking ``$100'' and 
        inserting ``$250''; and</DELETED>
        <DELETED>    (B) by striking subsection (e).</DELETED>

      <DELETED>Subtitle C--Financial Management Matters</DELETED>

<DELETED>SEC. 1541. REVISED FUNDING METHODOLOGY FOR MILITARY RETIREE 
              HEALTH CARE BENEFITS.</DELETED>

<DELETED>    (a) Revision.--Section 1116 of title 10, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 1116. Payments into the Fund</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) At the beginning of each fiscal year, the Secretary 
of Defense shall determine the sum of the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    `(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) The Secretary of Defense shall promptly certify the 
amount determined under subsection (b) each year to the Secretary of 
the Treasury.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--(1) Section 1111(c) of title 
10, United States Code, is amended in the last sentence by striking 
``1116'' and all that follows through the end of the sentence and 
inserting ``1115(b) of this title, and such contributions shall be paid 
into the Fund as provided in section 1116(a).''.</DELETED>
<DELETED>    (2) Section 1115(a) of such title is amended by striking 
``1116(c)'' and inserting ``1116''.</DELETED>
<DELETED>    (3) Section 1115(b) of such title is amended--</DELETED>
        <DELETED>    (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).'';</DELETED>
        <DELETED>    (B) by striking paragraph (2);</DELETED>
        <DELETED>    (C) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2), respectively;</DELETED>
        <DELETED>    (D) in each of paragraphs (1) and (2), as so 
        redesignated, by redesignating clauses (i) and (ii) as 
        subparagraphs (A) and (B), respectively; and</DELETED>
        <DELETED>    (E) in paragraph (2)(B), as so redesignated, by 
        striking ``subparagraph (A)(ii)'' and inserting ``paragraph 
        (1)(B)''.</DELETED>
<DELETED>    (4) Section 1115(c)(1) of such title is amended by 
striking ``and section 1116(a) of this title''.</DELETED>
<DELETED>    (5) Section 1115(c)(5) of such title is amended by 
striking ``1116(c)'' and inserting ``1116''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2005.</DELETED>

  <DELETED>DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS</DELETED>

<DELETED>SECTION 2001. SHORT TITLE.</DELETED>

<DELETED>    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2005''.</DELETED>

                   <DELETED>TITLE XXI--ARMY</DELETED>

<DELETED>SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.</DELETED>

<DELETED>    (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:</DELETED>

                     Army: Inside the United States
------------------------------------------------------------------------
            State             Installation or Location       Amount
------------------------------------------------------------------------
Alabama.....................  Anniston Army Depot.....       $23,690,000
Alaska......................  Fort Richardson.........       $24,300,000
                              Fort Wainwright.........       $92,459,000
California..................  Fort Irwin..............       $38,100,000
Colorado....................  Fort Carson.............       $59,508,000
Georgia.....................  Fort Benning............       $73,627,000
                              Fort Gillem.............        $5,800,000
                              Fort McPherson..........        $4,900,000
                              Fort Stewart/Hunter Army       $65,495,000
                               Air Field..............
Hawaii......................  Helemano Military              $75,300,000
                               Reservation.
                              Hickam Air Force........       $11,200,000
                              Schofield Barracks......      $241,792,000
Kansas......................  Fort Riley..............       $44,050,000
Kentucky....................  Fort Campbell...........       $89,600,000
                              Fort Knox...............       $73,850,000
Louisiana...................  Fort Polk...............       $70,953,000
Maryland....................  Fort Detrick............        $4,000,000
Missouri....................  Fort Leonard Wood.......       $21,450,000
New Jersey..................  Picatinny Arsenal.......        $9,900,000
New Mexico..................  White Sands Missile            $33,000,000
                               Range.
New York....................  Fort Drum...............       $13,650,000
                              Fort Hamilton...........        $7,600,000
                              Hancock Field...........        $6,000,000
                              Military Entrance               $6,200,000
                               Processing Station,
                               Buffalo................
                              United States Military         $60,000,000
                               Academy, West Point....
North Carolina..............  Fort Bragg..............      $111,687,000
Oklahoma....................  Fort Sill...............       $17,800,000
Texas.......................  Camp Bullis.............        $5,300,000
                              Fort Bliss..............       $19,400,000
                              Fort Hood...............       $88,888,000
Virginia....................  Fort A.P. Hill..........        $3,975,000
                              Fort Lee................        $4,250,000
                              Fort Myer...............       $49,526,000
Washington..................  Fort Lewis..............       $48,000,000
                                                       -----------------
                                  Total...............    $1,505,250,000
------------------------------------------------------------------------

<DELETED>    (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:</DELETED>

                     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
------------------------------------------------------------------------

<DELETED>SEC. 2102. FAMILY HOUSING.</DELETED>

<DELETED>    (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:</DELETED>

                                              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
----------------------------------------------------------------------------------------------------------------

<DELETED>    (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.</DELETED>

<DELETED>SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
              UNITS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.</DELETED>

<DELETED>    (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 30, 2004, for military construction, land acquisition and 
military family housing functions of the Department of the Army in the 
total amount of $3,428,815,000 as follows:</DELETED>
        <DELETED>    (1) For military construction projects inside the 
        United States authorized by section 2101(a), 
        $1,335,750,000.</DELETED>
        <DELETED>    (2) For military construction projects outside the 
        United States authorized by section 2101(b), 
        $115,200,000.</DELETED>
        <DELETED>    (3) For unspecified minor military construction 
        projects authorized by section 2805 of title 10, United States 
        Code, $20,000,000.</DELETED>
        <DELETED>    (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $161,209,000.</DELETED>
        <DELETED>    (5) For military family housing 
        functions:</DELETED>
                <DELETED>    (A) For construction and acquisition, 
                planning and design, and improvement of military family 
                housing and facilities, $636,099,000.</DELETED>
                <DELETED>    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $926,507,000.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) For the construction of phase 3 of a barracks 
        complex renewal, Capron Road, at Schofield Barracks, Hawaii, 
        authorized by section 2101(a) of the Military Construction 
        Authorization Act for Fiscal Year 2002 (division B of Public 
        Law 107-107; 115 Stat. 1283) and as amended by section 2105 of 
        the Military Authorization Act for Fiscal Year 2004 (division B 
        of Public Law 108-136; 117 Stat. 1697), $48,000,000.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) The total amount authorized to be appropriated 
        under paragraphs (1) and (2) of subsection (a).</DELETED>
        <DELETED>    (2) $41,000,000 (the balance of the amount 
        authorized under section 2101(a) to upgrade Drum Road, Helemano 
        Military Reservation, Hawaii).</DELETED>
        <DELETED>    (3) $25,000,000 (the balance of the amount 
        authorized under section 2101(a) for construction of a vehicle 
        maintenance facility, Schofield Barracks, Hawaii).</DELETED>
        <DELETED>    (3) $25,000,000 (the balance of the amount 
        authorized under section 2101(a) for construction of a barracks 
        complex, Fort Campbell, Kentucky).</DELETED>
        <DELETED>    (4) $22,000,000 (the balance of the amount 
        authorized under section 2101(a) for construction of trainee 
        barracks, Basic Training Complex 1, Fort Knox, 
        Kentucky).</DELETED>
        <DELETED>    (5) $25,500,000 (the balance of the amount 
        authorized under section 2101(a) for construction of a library 
        and learning facility, United States Military Academy, West 
        Point, New York).</DELETED>
        <DELETED>    (6) $31,000,000 (the balance of the amount 
        authorized under section 2101(a) for a barracks complex renewal 
        project, Fort Bragg, North Carolina).</DELETED>

<DELETED>SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
              FISCAL YEAR 2004 PROJECTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) by striking the amount identified as the total 
        in the amount column and inserting 
        ``$1,043,150,000''.</DELETED>
<DELETED>    (b) Conforming Amendments.--Section 2104(b) of that Act 
(117 Stat. 1700) is amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by striking ``$32,000,000'' 
        and inserting ``$32,950,000''; and</DELETED>
        <DELETED>    (2) in paragraph (4), by striking ``$43,000,000'' 
        and inserting ``$48,000,000''.</DELETED>

<DELETED>SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
              FISCAL YEAR 2003 PROJECT.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) in the item relating to Fort Sill, Oklahoma, 
        by striking ``$39,652,000'' in the amount column and inserting 
        ``$40,752,000''; and</DELETED>
        <DELETED>    (2) by striking the amount identified as the total 
        in the amount column and inserting 
        ``$1,157,267,000''.</DELETED>
<DELETED>    (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''.</DELETED>

                  <DELETED>TITLE XXII--NAVY</DELETED>

<DELETED>SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.</DELETED>

<DELETED>    (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:</DELETED>

                     Navy: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Arizona......................  Marine Corps Air Station,     $26,670,000
                                Yuma.
California...................  Marine Corps Air-Ground       $15,700,000
                                Task Force Training
                                Center, Twentynine Palms
                               Marine Corps Air Station,     $11,540,000
                                Camp Pendleton..........
                               Marine Corps Base, Camp       $26,915,000
                                Pendleton...............
                               Marine Corps Logistics         $4,930,000
                                Base, Barstow...........
                               Naval Air Facility, El        $54,331,000
                                Centro..................
                               Naval Air Station, North      $10,180,000
                                Island..................
                               Naval Surface Warfare          $9,850,000
                                Center, Division Corona.
Connecticut..................  Naval Submarine Base, New     $50,302,000
                                London..................
District of Columbia.........  Naval Observatory,             $3,239,000
                                Washington..............
Florida......................  Eglin Air Force Base.....      $2,060,000
                               Naval Station, Mayport...      $6,200,000
Georgia......................  Strategic Weapons             $16,000,000
                                Facility Atlantic, Kings
                                Bay.....................
Hawaii.......................  Naval Shipyard, Pearl          $5,100,000
                                Harbor..................
Illinois.....................  Naval Training Center,        $74,781,000
                                Great Lakes.............
Indiana......................  Naval Surface Warfare         $10,580,000
                                Center, Crane...........
Louisiana....................  Joint Reserve Base/Naval       $6,030,000
                                Air Station, New Orleans
Maryland.....................  Naval Surface Warfare         $23,000,000
                                Center, Indian Head.....
North Carolina...............  Marine Corps Air Station,     $35,140,000
                                New River...............
                               Marine Corps Base, Camp       $11,030,000
                                Lejeune.................
Nevada.......................  Naval Air Station, Fallon      $4,980,000
South Carolina...............  Marine Corps Air Station,      $5,480,000
                                Beaufort................
Virginia.....................  Camp Elmore Marine Corps      $13,500,000
                                Detachment..............
                               Marine Corps Air              $21,180,000
                                Facility, Quantico......
                               Marine Corps Combat           $24,140,000
                                Development Command,
                                Quantico................
                               Naval Air Station, Oceana      $2,770,000
                               Naval Amphibious Base,         $9,550,000
                                Little Creek............
                               Naval Station, Norfolk...      $4,330,000
                               Naval Weapons Station,         $9,870,000
                                Yorktown................
Washington...................  Naval Air Station,             $1,990,000
                                Whidbey Island..........
                               Naval Shipyard, Puget         $23,455,000
                                Sound...................
                               Naval Station, Bremerton.     $74,125,000
                               Strategic Weapons            $131,090,000
                                Facility Pacific, Bangor
                                                         ---------------
                                   Total................    $730,038,000
------------------------------------------------------------------------

<DELETED>    (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:</DELETED>

                     Navy: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Bahamas......................  Naval Undersea Warfare        $20,750,000
                                Center, Andros Islands..
Diego Garcia.................  Naval Support Facility,       $17,500,000
                                Diego Garcia............
Guam.........................  Naval Public Works            $20,700,000
                                Center, Guam............
                               Naval Station, Guam......     $12,500,000
Italy........................  Sigonella................     $22,550,000
Spain........................  Naval Station, Rota......     $32,700,000
                                                         ---------------
                                   Total................    $126,700,000
------------------------------------------------------------------------

<DELETED>    (c) Unspecified Worldwide.--Using the amounts appropriated 
pursuant to the authorization of appropriations in section 2204(a)(3), 
the Secretary of the Navy may acquire real property and carry out 
military construction projects for the installations or locations and 
in the amount, set forth in the following table:</DELETED>

                       Navy: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or Location      Amount
------------------------------------------------------------------------
                               Unspecified Worldwide....    $148,640,000
                                                         ---------------
                                   Total................    $148,640,000
------------------------------------------------------------------------

<DELETED>SEC. 2202. FAMILY HOUSING.</DELETED>

<DELETED>    Using amounts appropriated pursuant to the authorization 
of appropriations in section 2204(a)(6)(A), the Secretary of the Navy 
may construct or acquire family housing units (including land 
acquisition and supporting facilities) at the installations or 
locations, for the purposes and in the amounts, set forth in the 
following table:</DELETED>

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
North Carolina..........................  Marine Corps Air Station,   198 Units.................     $27,002,000
                                           Cherry Point.............
                                                                                                 ---------------
                                              Total.................  ..........................     $27,002,000
----------------------------------------------------------------------------------------------------------------

<DELETED>SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
              UNITS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.</DELETED>

<DELETED>    (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 30, 2004, for military construction, land acquisition, and 
military family housing functions of the Department of the Navy in the 
total amount of $1,913,273,000, as follows:</DELETED>
        <DELETED>    (1) For military construction projects inside the 
        United States authorized by section 2201(a), 
        $631,908,000.</DELETED>
        <DELETED>    (2) For military construction projects outside the 
        United States authorized by section 2201(b), 
        $126,700,000.</DELETED>
        <DELETED>    (3) For the military construction projects at 
        unspecified worldwide locations authorized by section 2201(c), 
        $98,560,000.</DELETED>
        <DELETED>    (4) For unspecified minor military construction 
        projects authorized by section 2805 of title 10, United States 
        Code, $12,000,000.</DELETED>
        <DELETED>    (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $93,804,000.</DELETED>
        <DELETED>    (6) For military family housing 
        functions:</DELETED>
                <DELETED>    (A) For construction and acquisition, 
                planning and design, and improvement of military family 
                housing and facilities, $139,107,000.</DELETED>
                <DELETED>    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $696,304,000.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) For the construction of increment 2 of the 
        general purpose berthing pier at Naval Weapons Station, Earle, 
        New Jersey, authorized by section 2201(a) of the Military 
        Construction Authorization Act of Fiscal Year 2004 (division B 
        of Public Law 108-136; 117 Stat. 1704), $49,200,000.</DELETED>
        <DELETED>    (9) For the construction of increment 2 of pier 11 
        replacement at Naval Station, Norfolk, Virginia, authorized by 
        section 2201(a) of the Military Construction Authorization Act 
        of Fiscal Year 2004 (division B of Public Law 108-136; 117 
        Stat. 1704), $40,000,000.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) The total amount authorized to be appropriated 
        under paragraphs (1), (2) and (3) of subsection (a).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) $40,000,000 (the balance of the amount 
        authorized under section 2201(a) for construction of bachelor 
        enlisted quarters, Naval Station, Bremerton, 
        Washington).</DELETED>
        <DELETED>    (4) $95,320,000 (the balance of the amount 
        authorized under section 2201(a) for construction of a limited 
        area processing and storage complex, Strategic Weapons Facility 
        Pacific, Bangor, Washington).</DELETED>
        <DELETED>    (5) $34,098,000 (the balance of the amount 
        authorized under section 2201(c) for construction of a White 
        Side complex at an unspecified location worldwide).</DELETED>
        <DELETED>    (6) $15,982,000 (the balance of the amount 
        authorized under section 2201(c) for construction of a 
        presidential helicopter programs support facility at an 
        unspecified location).</DELETED>

               <DELETED>TITLE XXIII--AIR FORCE</DELETED>

<DELETED>SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.</DELETED>

<DELETED>    (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:</DELETED>

                   Air Force: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Alaska.......................  Elmendorf Air Force Base.     $26,057,000
Arizona......................  Davis-Monthan Air Force       $17,029,000
                                Base.
                               Luke Air Force Base......     $17,900,000
Arkansas.....................  Little Rock Air Force          $8,931,000
                                Base.
California...................  Beale Air Force Base.....     $10,186,000
                               Edwards Air Force Base...      $9,965,000
                               Travis Air Force Base....     $18,894,000
Colorado.....................  Buckley Air Force Base...     $12,247,000
Florida......................  Tyndall Air Force Base...     $29,162,000
Georgia......................  Moody Air Force Base.....      $9,600,000
                               Robins Air Force Base....     $21,570,000
Hawaii.......................  Hickam Air Force Base....     $25,900,000
Louisiana....................  Barksdale Air Force Base.     $13,800,000
Maryland.....................  Andrews Air Force Base...     $17,100,000
Mississippi..................  Columbus Air Force Base..      $7,700,000
Missouri.....................  Whiteman Air Force Base..      $7,600,000
New Mexico...................  Kirtland Air Force Base..      $9,200,000
North Carolina...............  Pope Air Force Base......     $15,150,000
Ohio.........................  Wright-Patterson Air           $9,200,000
                                Force Base.
South Carolina...............  Shaw Air Force Base......      $7,000,000
Tennessee....................  Arnold Air Force Base....     $24,500,000
Texas........................  Dyess Air Force Base.....      $3,300,000
                               Lackland Air Force Base..      $2,596,000
                               Laughlin Air Force Base..      $6,900,000
                               Sheppard Air Force Base..     $50,284,000
Utah.........................  Hill Air Force Base......     $18,013,000
Wyoming......................  F.E. Warren Air Force          $5,500,000
                                Base.
                                                         ---------------
                                   Total................    $405,284,000
------------------------------------------------------------------------

<DELETED>    (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:</DELETED>

                  Air Force: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Germany......................  Ramstein Air Base........     $25,404,000
Greenland....................  Thule Air Base...........     $19,800,000
Guam.........................  Andersen Air Force Base..     $19,593,000
Italy........................  Aviano Air Base..........      $6,760,000
Japan........................  Misawa Air Base..........      $6,700,000
Korea........................  Kunsan Air Base..........     $37,100,000
                               Osan Air Base............     $18,600,000
Portugal.....................  Lajes Field, Azores......      $5,689,000
Spain........................  Naval Station, Rota......     $14,153,000
United Kingdom...............  Royal Air Force                $5,500,000
                                Lakenheath.
                                                         ---------------
                                   Total................    $159,299,000
------------------------------------------------------------------------

<DELETED>    (c) Unspecified Worldwide.--Using the amounts appropriated 
pursuant to the authorization of appropriations in section 2304(a)(3), 
the Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations, and 
in the amount, set forth in the following table:</DELETED>

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or Location      Amount
------------------------------------------------------------------------
                               Classified Locations.....     $26,121,000
                               Unspecified Worldwide....     $28,794,000
                                                         ---------------
                                   Total................     $54,915,000
------------------------------------------------------------------------

<DELETED>SEC. 2302. FAMILY HOUSING.</DELETED>

<DELETED>    (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:</DELETED>

                                            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
----------------------------------------------------------------------------------------------------------------

<DELETED>    (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.</DELETED>

<DELETED>SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
              UNITS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 
              FORCE.</DELETED>

<DELETED>    (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 $2,500,249,000, as follows:</DELETED>
        <DELETED>    (1) For military construction projects inside the 
        United States authorized by section 2301(a), 
        $405,284,000.</DELETED>
        <DELETED>    (2) For military construction projects outside the 
        United States authorized by section 2301(b), 
        $159,299,000.</DELETED>
        <DELETED>    (3) For the military construction projects at 
        unspecified worldwide locations authorized by section 2301(c), 
        $54,915,000.</DELETED>
        <DELETED>    (4) For unspecified minor military construction 
        projects authorized by section 2805 of title 10, United States 
        Code, $13,000,000.</DELETED>
        <DELETED>    (5) For architectural and engineering services and 
        construction design, under section 2807 of title 10, United 
        States Code, $166,126,000.</DELETED>
        <DELETED>    (6) For military family housing 
        functions:</DELETED>
                <DELETED>    (A) For construction and acquisition, 
                planning and design and improvement of military family 
                housing and facilities, $846,959,000.</DELETED>
                <DELETED>    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $854,666,000.</DELETED>
<DELETED>    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2301 of this 
Act may not exceed the total amount authorized to be appropriated under 
paragraphs (1), (2), and (3) of subsection (a).</DELETED>

            <DELETED>TITLE XXIV--DEFENSE AGENCIES</DELETED>

<DELETED>SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.</DELETED>

<DELETED>    (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:</DELETED>

               Defense Agencies: Inside the United States
------------------------------------------------------------------------
            Agency              Installation or Location      Amount
------------------------------------------------------------------------
Defense Intelligence Agency..  Bolling Air Force Base,        $6,000,000
                                District of Columbia....
Defense Logistics Agency.....  Defense Distribution          $22,300,000
                                Depot, New Cumberland,
                                Pennsylvania............
                               Defense Distribution          $10,100,000
                                Depot, Richmond,
                                Virginia................
                               Defense Fuel Support           $3,589,000
                                Point, Naval Air
                                Station, Oceana,
                                Virginia................
                               Defense Supply Center,         $5,500,000
                                Columbus, Ohio..........
                               Marina Corps Air Station,     $22,700,000
                                Cherry Point, North
                                Carolina................
                               Naval Air Station,             $3,900,000
                                Kingsville, Texas.......
                               Naval Station, Pearl           $3,500,000
                                Harbor, Hawaii..........
                               Tinker Air Force Base,         $5,400,000
                                Oklahoma................
                               Travis Air Force Base,        $15,100,000
                                California..............
Missile Defense Agency.......  Huntsville, Alabama......     $19,560,000
National Security Agency.....  Fort Meade, Maryland.....     $15,007,000
Special Operations Command...  Corona, California.......     $13,600,000
                               Fleet Combat Training          $5,700,000
                                Center, Dam Neck,
                                Virginia................
                               Fort A.P. Hill, Virginia.      $1,500,000
                               Fort Bragg, North             $42,888,000
                                Carolina................
                               Fort Stewart/Hunter Army      $17,600,000
                                Air Field, Georgia......
                               Hurlburt Field, Florida..      $2,500,000
                               Naval Amphibious Base,        $33,200,000
                                Little Creek, Virginia..
                               Naval Air Station, North       $1,000,000
                                Island, California......
TRICARE Management Activity..  Buckley Air Force Base,        $2,100,000
                                Colorado................
                               Defense Language               $6,700,000
                                Institute, Presidio,
                                Monterey................
                               Fort Belvoir, Virginia...    $100,000,000
                               Fort Benning, Georgia....      $7,100,000
                               Langley Air Force Base,       $50,800,000
                                Virginia................
                               Marine Corps Recruit          $25,000,000
                                Depot, Parris Island,
                                South Carolina..........
                               Naval Air Station,            $28,438,000
                                Jacksonville, Florida...
                                                         ---------------
                                   Total................    $470,782,000
------------------------------------------------------------------------

<DELETED>    (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:</DELETED>

               Defense Agencies: Outside the United States
------------------------------------------------------------------------
            Agency              Installation or Location      Amount
------------------------------------------------------------------------
Defense Education Activity...  Grafenwoehr, Germany.....     $36,247,000
                               Naval Station, Guam......     $26,964,000
                               Vilseck, Germany.........      $9,011,000
Defense Logistics Agency.....  Defense Fuel Support          $19,113,000
                                Point, Lajes Field,
                                Portugal................
                               Misawa Air Base, Japan...     $19,900,000
Special Operations Command...  Naval Station, Guam,           $2,200,000
                                Marianas Islands........
                               Royal Air Force               $10,200,000
                                Mildenhall, United
                                Kingdom.................
TRICARE Management Activity..  Diego Garcia.............      $3,800,000
                               Grafenwoehr, Germany.....     $13,000,000
                                                         ---------------
                                   Total................    $140,435,000
------------------------------------------------------------------------

<DELETED>    (c) Unspecified Worldwide.--Using the amounts appropriated 
pursuant to the authorization of appropriations in section 2404(a)(3), 
the Secretary of Defense may acquire real property and carry out 
military construction projects for the installations or locations, and 
in the amount, set forth in the following table:</DELETED>

                 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
------------------------------------------------------------------------

<DELETED>SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
              UNITS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 2403. ENERGY CONSERVATION PROJECTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 
              AGENCIES.</DELETED>

<DELETED>    (a) Modification of Inside the United States Projects.--
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2004, for military construction, land 
acquisition, and military family housing functions of the Department of 
Defense (other than the military departments) in the total amount of 
$1,089,063,000, as follows:</DELETED>
        <DELETED>    (1) For military construction projects inside the 
        United States authorized by section 2401(a), 
        $413,782,000.</DELETED>
        <DELETED>    (2) For military construction projects outside the 
        United States authorized by section 2401(b), 
        $140,435,000.</DELETED>
        <DELETED>    (3) For the military construction projects at 
        unspecified worldwide locations authorized by section 2401(c), 
        $10,300,000.</DELETED>
        <DELETED>    (4) For unspecified minor military construction 
        projects under section 2805 of title 10, United States Code, 
        $20,938,000.</DELETED>
        <DELETED>    (5) For contingency construction projects of the 
        Secretary of Defense under section 2804 of title 10, United 
        States Code, $10,000,000.</DELETED>
        <DELETED>    (6) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $63,482,000.</DELETED>
        <DELETED>    (7) For Energy Conservation projects authorized by 
        section 2404 of this Act, $50,000,000.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (9) For military family housing 
        functions:</DELETED>
                <DELETED>    (A) For improvement of military family 
                housing and facilities, $49,000.</DELETED>
                <DELETED>    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $49,575,000.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) The total amount authorized to be appropriated 
        under paragraphs (1), (2) and (3) of subsection (a).</DELETED>
        <DELETED>    (2) $57,000,000 (the balance of the amount 
        authorized under section 2401(a) for hospital replacement, Fort 
        Belvoir, Virginia).</DELETED>

    <DELETED>TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
                      INVESTMENT PROGRAM</DELETED>

<DELETED>SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.</DELETED>

<DELETED>     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.</DELETED>

<DELETED>SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.</DELETED>

<DELETED>     Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 2004, for contributions by the 
Secretary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects for 
the North Atlantic Treaty Organization Security Investment Program 
authorized by section 2501, in the amount of $165,800,000.</DELETED>

   <DELETED>TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES</DELETED>

<DELETED>SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) For the Department of the Army--</DELETED>
                <DELETED>    (A) for the Army National Guard of the 
                United States, $393,225,000; and</DELETED>
                <DELETED>    (B) for the Army Reserve, 
                $116,955,000.</DELETED>
        <DELETED>    (2) For the Department of the Navy, for the Naval 
        and Marine Corps Reserve, $30,955,000.</DELETED>
        <DELETED>    (3) For the Department of the Air Force--
        </DELETED>
                <DELETED>    (A) for the Air National Guard of the 
                United States, $184,620,000; and</DELETED>
                <DELETED>    (B) for the Air Force Reserve, 
                $107,520,000.</DELETED>

           <DELETED>TITLE XXVII--EXPIRATION AND EXTENSION OF 
                        AUTHORIZATIONS</DELETED>

<DELETED>SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED 
              TO BE SPECIFIED BY LAW.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) October 1, 2007; or</DELETED>
        <DELETED>    (2) the date of the enactment of an Act 
        authorizing funds for military construction for fiscal year 
        2008.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) October 1, 2007; or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
              2002 PROJECTS.</DELETED>

<DELETED>    (a) Extension.--Notwithstanding section 2701 of the 
Military Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107-107; 115 Stat. 1301), authorizations set forth in 
the tables in subsection (b), as provided in section 2101 or 2302 of 
that Act, shall remain in effect until October 1, 2005, or the date of 
the enactment of an Act authorizing funds for military construction for 
fiscal year 2006, whichever is later.</DELETED>
<DELETED>    (b) Tables.--The tables referred to in subsection (a) are 
as follows:</DELETED>

                                 Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................  Fort Wainwright...........  Power plant cooling tower.     $23,000,000
Hawaii..................................  Pohakuloa Training Area...  Parker Ranch land               $1,500,000
                                                                       acquisition..............
----------------------------------------------------------------------------------------------------------------

                               Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Colorado................................  Buckley Air Force Base....  Family housing (55 Units).     $11,400,000
Louisiana...............................  Barksdale Air Force Base..  Family housing (56 Units).      $7,300,000
----------------------------------------------------------------------------------------------------------------

<DELETED>SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS OF CERTAIN 
              FISCAL YEAR 2001 PROJECTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Tables.--The tables referred to in subsection (a) are 
as follows:</DELETED>

                                  Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
South Carolina..........................  Fort Jackson..............  Family housing (1 unit)...        $250,000
----------------------------------------------------------------------------------------------------------------

                           Defense Agencies: Extension of 2001 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 Agency                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Defense Finance and Accounting Service..  Kleber Kaserne, Germany...  Building renovation.......      $7,400,000
Defense Education Activity..............  Osan Air Base, Korea......  Osan Elementary School            $843,000
                                                                       addition.................
----------------------------------------------------------------------------------------------------------------

<DELETED>SEC. 2704. EFFECTIVE DATE.</DELETED>

<DELETED>    Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act 
shall take effect on the later of--</DELETED>
        <DELETED>    (1) October 1, 2004; or</DELETED>
        <DELETED>    (2) the date of the enactment of this 
        Act.</DELETED>

          <DELETED>TITLE XXVIII--GENERAL PROVISIONS</DELETED>

<DELETED>Subtitle A--Military Construction Program and Military Family 
                       Housing Changes</DELETED>

<DELETED>SECTION 2801. INCREASE IN CERTAIN THRESHOLDS FOR CARRYING OUT 
              UNSPECIFIED MINOR MILITARY CONSTRUCTION 
              PROJECTS.</DELETED>

<DELETED>    (a) Advance Approval and Congressional Notification 
Threshold.--Subsection (b)(1) of section 2805 of title 10, United 
States Code, is amended by striking ``$750,000'' and inserting 
``$1,000,000''.</DELETED>
<DELETED>    (b) Use of Operation and Maintenance Funds Threshold.--
Subsection (c) of such section is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (1) and inserting the 
        following new paragraph:</DELETED>
<DELETED>    ``(1) Except as provided in paragraphs (2) and (3), the 
Secretary concerned may spend from appropriations available for 
operation and maintenance amounts necessary to carry out an unspecified 
minor military construction project costing not more than 
$1,500,000.''; and</DELETED>
        <DELETED>    (2) in paragraph (3), by striking ``limitations'' 
        and inserting ``limitation''.</DELETED>

<DELETED>SEC. 2802. ASSESSMENT OF VULNERABILITY OF MILITARY 
              INSTALLATIONS TO TERRORIST ATTACK AND ANNUAL REPORT ON 
              MILITARY CONSTRUCTION REQUIREMENTS RELATED TO 
              ANTITERRORISM AND FORCE PROTECTION.</DELETED>

<DELETED>    (a) Annual Assessment and Report.--Section 2808 of title 
10, United States Code, is amended by adding at the end the following 
new subsection:</DELETED>
<DELETED>    ``(d) Antiterrorism and Force Protection Assessments and 
Military Construction Requirements.--(1) The Secretary of Defense shall 
develop common guidance and criteria to be used by the Secretary 
concerned--</DELETED>
        <DELETED>    ``(A) to assess the vulnerability of military 
        installations located inside and outside of the United States 
        to terrorist attack;</DELETED>
        <DELETED>    ``(B) to develop construction standards designed 
        to reduce the vulnerability of structures to terrorist attack 
        and improve the security of the occupants of such 
        structures;</DELETED>
        <DELETED>    ``(C) to prepare and carry out military 
        construction projects, such as gate and fenceline construction, 
        to improve the physical security of military installations; 
        and</DELETED>
        <DELETED>    ``(D) to assist in prioritizing such projects 
        within the military construction budget of each of the armed 
        forces.</DELETED>
<DELETED>    ``(2) The Secretary of Defense shall require vulnerability 
assessments of military installations to be conducted, at regular 
intervals, using the criteria developed under paragraph (1).</DELETED>
<DELETED>    ``(3) As part of the budget materials submitted to 
Congress in connection with the submission of the budget for a fiscal 
year pursuant to section 1105 of title 31, but in no case later than 
March 15 of each year, the Secretary of Defense shall submit a report 
describing--</DELETED>
        <DELETED>    ``(A) the location and results of the 
        vulnerability assessments conducted during the preceding fiscal 
        year;</DELETED>
        <DELETED>    ``(B) the military construction requirements 
        anticipated to be necessary during the next three fiscal years 
        to improve the physical security of military installations; 
        and</DELETED>
        <DELETED>    ``(C) the extent to which funds are not requested 
        in the Department of Defense budget for the next fiscal year to 
        meet those requirements.</DELETED>
<DELETED>    ``(4) In the case of the report required under paragraph 
(3) to be submitted in 2006, the Secretary of Defense shall include a 
certification by the Secretary that since September 11, 2001, 
vulnerability assessments have been undertaken at all major military 
installations. The Secretary shall indicate the basis by which the 
Secretary differentiated between major and nonmajor military 
installations for purposes of making the certification.''.</DELETED>
<DELETED>    (b) Stylistic and Clerical Amendments.--(1) The heading of 
such section is amended to read as follows:</DELETED>
<DELETED>``Sec. 2808. Construction authority related to declaration of 
              war or national emergency; construction requirements 
              related to antiterrorism and force 
              protection''.</DELETED>
<DELETED>    (2) Such section is further amended--</DELETED>
        <DELETED>    (A) in subsection (a), by inserting ``Construction 
        Authority; Limitation.--'' after ``(a)'';</DELETED>
        <DELETED>    (B) in subsection (b), by inserting 
        ``Congressional Notification.--'' after ``(b)''; and</DELETED>
        <DELETED>    (C) in subsection (c), by inserting 
        ``Termination.--'' after ``(c)''.</DELETED>
<DELETED>    (3) The table of sections at the beginning of chapter 169 
of such title is amended by striking the item relating to section 2808 
and inserting the following new item:</DELETED>

<DELETED>``2808. Construction authority related to declaration of war 
                            or national emergency; construction 
                            requirements related to antiterrorism and 
                            force protection.''.

<DELETED>SEC. 2803. CHANGE IN THRESHOLD FOR CONGRESSIONAL NOTIFICATION 
              REGARDING USE OF OPERATION AND MAINTENANCE FUNDS FOR 
              FACILITY REPAIR.</DELETED>

<DELETED>    Section 2811(d) of title 10, United States Code, is 
amended by striking ``$10,000,000'' and inserting 
``$7,500,000''.</DELETED>

<DELETED>SEC. 2804. REPORTING REQUIREMENTS REGARDING MILITARY FAMILY 
              HOUSING REQUIREMENTS FOR GENERAL OFFICERS AND FLAG 
              OFFICERS.</DELETED>

<DELETED>    (a) Annual Report on Cost of General and Flag Officers 
Quarters.--Section 2831 of title 10, United States Code, is amended by 
adding at the end the following new subsection:</DELETED>
<DELETED>    ``(e) Annual Report of Cost of General Officers and Flag 
Officers Quarters.--As part of the budget materials submitted to 
Congress in connection with the submission of the budget for a fiscal 
year pursuant to section 1105 of title 31, but in no case later than 
March 30 of each year, the Secretary of Defense shall submit a report--
</DELETED>
        <DELETED>    ``(1) identifying family housing units used, or 
        intended for use, as quarters for general officers or flag 
        officers for which the total operation and maintenance costs, 
        utility costs, and repair costs are anticipated to exceed 
        $20,000 in the next fiscal year; and</DELETED>
        <DELETED>    ``(2) specifying the total of such costs for each 
        unit of family housing identified under paragraph 
        (1).''.</DELETED>
<DELETED>    (b) Report on Need for Such Quarters in National Capital 
Region.--The Secretary of Defense shall prepare a report analyzing 
anticipated needs in the National Capital Region for family housing 
units for general officers and flag officers. In conducting the 
analysis, the Secretary shall consider the extent of available housing 
in the National Capital Region and the necessity of providing housing 
for general officers and flag officers in secure locations.</DELETED>
<DELETED>    (c) Report on World-Wide Inventory of Such Quarters.--The 
Secretary of Defense shall prepare a report containing a worldwide 
inventory of family housing units for general officers and flag 
officers and identifying annual expenditures for each such unit for 
operation and maintenance, utilities, and repair for each for the 
fiscal years 2000 through 2004.</DELETED>
<DELETED>    (d) Submission of Reports.--The reports required by 
subsections (b) and (c) shall be submitted to the congressional defense 
committees not later than March 30, 2005.</DELETED>
<DELETED>    (e) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The terms ``general officer'' and ``flag 
        officer'' have the meanings given such terms in section 101(b) 
        of title 10, United States Code.</DELETED>
        <DELETED>    (2) The term ``National Capital Region'' has the 
        meaning given such term in section 2674(f) of such 
        title.</DELETED>

<DELETED>SEC. 2805. CONGRESSIONAL NOTIFICATION OF DEVIATIONS FROM 
              AUTHORIZED COST VARIATIONS FOR MILITARY CONSTRUCTION 
              PROJECTS AND MILITARY FAMILY HOUSING PROJECTS.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 2806. REPEAL OF LIMITATION ON USE OF ALTERNATIVE 
              AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY 
              FAMILY HOUSING.</DELETED>

<DELETED>    Effective October 1, 2005, subsection (g) of section 2883 
of title 10, United States Code, is amended to read as 
follows:</DELETED>
<DELETED>    ``(g) Limitation on Use of Authority to Acquire or 
Construct Military Unaccompanied Housing.--The total value in budget 
authority of all contracts and investments undertaken using the 
authorities provided in this subchapter for the acquisition or 
construction of military unaccompanied housing shall not exceed 
$150,000,000.''.</DELETED>

<DELETED>SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DESIGN EFFORTS 
              FOR MILITARY CONSTRUCTION PROJECTS CARRIED OUT USING 
              DESIGN-BUILD SELECTION PROCEDURES.</DELETED>

<DELETED>    Section 2305a of title 10, United States Code, is amended 
by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(f) Special Authority for Military Construction 
Projects.--(1) The Secretary of a military department, and the 
Secretary of Defense with respect to matters concerning the Defense 
Agencies, may use funds available to the Secretary under section 
2807(a) or 18233(e) of this title to accelerate the design effort in 
connection with a military construction project for which the two-phase 
selection procedures described in subsection (c) are used to select the 
contractor for both the design and construction portion of the project 
before the project is specifically authorized by law and before funds 
are appropriated for the construction portion of the project. 
Notwithstanding the limitations contained in such sections, use of such 
funds for the design portion of a military construction project may 
continue despite the subsequent authorization of the project. The 
advance notice requirement of section 2807(b) of this title shall 
continue to apply whenever the estimated cost of the design portion of 
the project exceeds the amount specified in such section.</DELETED>
<DELETED>    ``(2) Any military construction contract that provides for 
an accelerated design effort, as authorized by paragraph (1), shall 
include as a condition of the contract that the liability of the United 
States in a termination for convenience may not exceed costs above the 
costs attributable to the final design of the project.</DELETED>
<DELETED>    ``(3) Not more than 36 military construction projects 
containing the accelerated design effort authorized by paragraph (1) 
may be carried out.</DELETED>
<DELETED>    ``(4) Not later than March 1, 2007, the Secretary of 
Defense shall submit to the congressional defense committees a report 
evaluating the usefulness of the authority provided by this subsection 
in expediting the design and construction of military construction 
projects. The authority provided by this subsection expires September 
30, 2008, except that, if the report required by this paragraph is not 
submitted by March 1, 2007, the authority shall expire on that 
date.''.</DELETED>

<DELETED>SEC. 2808. EXCHANGE OR SALE OF RESERVE COMPONENT FACILITIES TO 
              ACQUIRE REPLACEMENT FACILITIES.</DELETED>

<DELETED>     Section 18233 of title 10, United States Code, is amended 
by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(g)(1) The Secretary of Defense may convey, by exchange 
or sale, an existing facility of a reserve component of the armed 
forces for the purpose of acquiring a replacement facility under this 
section or using the proceeds from the sale to acquire a replacement 
facility under this section, if the Secretary determines it is in the 
best interests of the United States to acquire the replacement facility 
by such exchange or sale. The United States shall receive funds or a 
replacement facility, or a combination of both, having a total value at 
least equal to the fair market value of the conveyed 
facility.</DELETED>
<DELETED>    ``(2) Acquisition of a replacement facility under this 
subsection may be accomplished by construction, expansion, 
rehabilitation, or conversion and must result in a fully equipped and 
operational replacement facility. Nothing in this subsection prohibits 
the Secretary of Defense from contributing additional funds, in 
accordance with this section, to obtain a fully equipped and 
operational replacement facility.</DELETED>
<DELETED>    ``(3) Funds received under this subsection shall be 
deposited in a separate account and remain available to the Secretary 
of Defense, without appropriation, for use in accordance with this 
subsection. Any funds received under this subsection in connection with 
a conveyance in excess of the funds required to obtain a fully equipped 
and operational replacement facility for the conveyed facility may be 
used by the Secretary for the purposes of subsection (a).''.</DELETED>

<DELETED>SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY 
              TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION 
              PROJECTS OUTSIDE THE UNITED STATES.</DELETED>

<DELETED>    Section 2808 of the Military Construction Authorization 
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 
1723) is amended--</DELETED>
        <DELETED>    (1) in subsections (a) and (d), by striking 
        ``fiscal year 2004'' both places it appears and inserting 
        ``fiscal years 2004 and 2005''; and</DELETED>
        <DELETED>    (2) in subsection (c)(1), by striking ``in fiscal 
        year 2004'' and inserting ``in a fiscal year''.</DELETED>

<DELETED>SEC. 2810. CONSIDERATION OF COMBINATION OF MILITARY MEDICAL 
              TREATMENT FACILITIES AND HEALTH CARE FACILITIES OF 
              DEPARTMENT OF VETERANS AFFAIRS.</DELETED>

<DELETED>    (a) Department of Defense Consideration of Joint 
Construction.--(1) Subchapter I of chapter 169 of title 10, United 
States Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 2816. Consideration of joint construction and use of 
              military medical treatment facilities and health care 
              facilities of the Department of Veterans 
              Affairs</DELETED>
<DELETED>    ``In the case of the budget submitted under section 1105 
of title 31 for any fiscal year, the Secretary of Defense shall include 
in the budget justification materials submitted to Congress in support 
of the budget a certification that, in evaluating for inclusion in the 
budget for that fiscal year any military construction project for 
construction in the United States (or a territory or possession of the 
United States) of a new military medical treatment facility, the 
Secretary, after consulting with the Secretary of Veterans Affairs, 
evaluated the feasibility of carrying out the project so as to 
establish with the Department of Veterans Affairs a joint medical 
facility that--</DELETED>
        <DELETED>    ``(1) could serve as a facility for health 
        resources sharing between the Department of Defense and the 
        Department of Veterans Affairs; and</DELETED>
        <DELETED>    ``(2) would be no more costly to each Department 
        to construct and operate than separate facilities for each 
        Department.''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of such 
subchapter is amended by adding at the end the following new 
item:</DELETED>

<DELETED>``2816. Consideration of joint construction and use of 
                            military medical treatment facilities and 
                            health care facilities of the Department of 
                            Veterans Affairs.''.
<DELETED>    (b) Department of Veterans Affairs Consideration of Joint 
Construction.--Section 8104(b) of title 38, United States Code, is 
amended by adding at the end the following new paragraph:</DELETED>
        <DELETED>    ``(9) In the case of a prospectus proposing the 
        construction of a new or replacement medical facility, the 
        Secretary's certification that the Secretary, after consulting 
        with the Secretary of Defense, evaluated the feasibility of 
        carrying out the project so as to establish with the Department 
        of Defense a joint medical facility that--</DELETED>
                <DELETED>    ``(A) could serve as a facility for health 
                resources sharing between the Department of Defense and 
                the Department of Veterans Affairs; and</DELETED>
                <DELETED>    ``(B) would be no more costly to each 
                Department to construct and operate than separate 
                facilities for each Department.''.</DELETED>

           <DELETED>Subtitle B--Real Property and Facilities 
                        Administration</DELETED>

<DELETED>SEC. 2811. INCREASE IN CERTAIN THRESHOLDS FOR REPORTING REAL 
              PROPERTY TRANSACTIONS.</DELETED>

<DELETED>    (a) General Notice and Wait Threshold.--Subsection (a) of 
section 2662 of title 10, United States Code, is amended by striking 
``$750,000'' each place it appears and inserting 
``$1,500,000''.</DELETED>
<DELETED>    (b) Annual Report on Minor Transactions Threshold.--
Subsection (b) of such section is amended by striking ``subsection (a) 
that involve an estimated value of more than $250,000, but not more 
than $750,000'' and inserting ``such subsection that involve an 
estimated value of more than $500,000, but not more than the amount 
specified in such subsection''.</DELETED>
<DELETED>    (c) Notice and Wait Threshold for Certain GSA Leases.--
Subsection (e) of such section is amended by striking ``$750,000'' and 
inserting ``$1,500,000''.</DELETED>
<DELETED>    (d) Threshold for Acquisition of Low-Cost Interests in 
Land.--Subsection (a) of section 2672 of such title is amended to read 
as follows:</DELETED>
<DELETED>    ``(a) Acquisition Authority.--The Secretary of a military 
department may acquire any interest in land that--</DELETED>
        <DELETED>    ``(1) the Secretary determines is needed in the 
        interest of national defense; and</DELETED>
        <DELETED>    ``(2) does not cost more than $1,500,000, 
        exclusive of administrative costs and the amounts of any 
        deficiency judgments.''.</DELETED>
<DELETED>    (e) Treatment Multiple Parcels Under Low-Cost Acquisition 
Authority.--Subsection (b) of such section is amended to read as 
follows:</DELETED>
<DELETED>    ``(b) Treatment of Multiple Parcels.--This section does 
not authorize the acquisition, as a part of the same project, of more 
than one parcel of land unless--</DELETED>
        <DELETED>    ``(1) the parcels are noncontiguous; or</DELETED>
        <DELETED>    ``(2) if contiguous, the total cost for the 
        acquisition of all of the contiguous parcels does not cost more 
        than the amount specified in subsection (a)(2).''.</DELETED>

<DELETED>SEC. 2812. REORGANIZATION OF EXISTING ADMINISTRATIVE 
              PROVISIONS RELATING TO REAL PROPERTY 
              TRANSACTIONS.</DELETED>

<DELETED>    (a) Limitation on Commissions.--(1) Section 2661 of title 
10, United States Code, is amended by adding at the end the following 
new subsection:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) Section 2666 of such title is repealed.</DELETED>
<DELETED>    (b) Repeal of Obsolete Authority to Acquire Land for 
Timber Production.--Section 2664 of such title is repealed.</DELETED>
<DELETED>    (c) Availability of Funds for Acquisition of Certain 
Interests in Real Property.--(1) Section 2672 of such title is amended 
by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) Section 2673 of such title is repealed.</DELETED>
<DELETED>    (3) Section 2675 of such title is amended--</DELETED>
        <DELETED>    (A) by inserting before ``The Secretary'' the 
        following ``(a) Lease Authority; Duration.--''; and</DELETED>
        <DELETED>    (B) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Stylistic and Clerical Amendments.--(1) Section 2661 
of such title is further amended--</DELETED>
        <DELETED>    (A) in subsection (a), by inserting ``Availability 
        of Operation and Maintenance Funds.--'' after ``(a)'' ; 
        and</DELETED>
        <DELETED>    (B) in subsection (b), by inserting ``Leasing and 
        Road Maintenance Authority.--'' after ``(b)''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 159 
of such title is amended by striking the items relating to sections 
2664, 2666, and 2673.</DELETED>

<DELETED>SEC. 2813. TREATMENT OF MONEY RENTALS FROM GOLF COURSE AT ROCK 
              ISLAND ARSENAL, ILLINOIS.</DELETED>

<DELETED>    (a) Support of MWR Activities.--Section 2667(d) of title 
10, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)(B)--</DELETED>
                <DELETED>    (A) by redesignating clause (ii) as clause 
                (iii); and</DELETED>
                <DELETED>    (B) by inserting after clause (i) the 
                following new clause:</DELETED>
        <DELETED>    ``(ii) Money rentals deposited in a 
        nonappropriated morale, welfare, and recreation account under 
        paragraph (3).''; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (2) the following 
        new paragraph:</DELETED>
<DELETED>    ``(3) The Secretary of the Army may deposit up to 50 
percent of the money rentals received by the United States from a lease 
involving the golf course at Rock Island Arsenal, Illinois, in the 
nonappropriated morale, welfare, and recreation account for that 
installation, to be used for quality-of-life programs at that 
installation.''.</DELETED>
<DELETED>    (b) Effective Date.--Paragraph (3) of section 2667(d) of 
title 10, United States Code, as added by subsection (a), shall apply 
to money rentals referred to in such paragraph received by the United 
States after September 30, 2004.</DELETED>

<DELETED>SEC. 2814. NUMBER OF CONTRACTS AUTHORIZED DEPARTMENT-WIDE 
              UNDER DEMONSTRATION PROGRAM ON REDUCTION IN LONG-TERM 
              FACILITY MAINTENANCE COSTS.</DELETED>

<DELETED>    Section 2814 of the National Defense Authorization Act for 
Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2809 note) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``or the 
        Secretary of a military department'' and inserting ``and the 
        Secretaries of the military departments'';</DELETED>
        <DELETED>    (2) in subsection (b)(1), by striking ``12 
        contracts per military department'' and inserting ``36 
        contracts''; and</DELETED>
        <DELETED>    (3) in subsection (b)(2), by striking ``the date 
        of the enactment of the Bob Stump National Defense 
        Authorization Act for Fiscal Year 2003'' and inserting 
        ``December 2, 2002''.</DELETED>

<DELETED>SEC. 2815. REPEAL OF COMMISSION ON REVIEW OF OVERSEAS MILITARY 
              FACILITY STRUCTURE OF THE UNITED STATES.</DELETED>

<DELETED>    Section 128 of the Military Construction Appropriations 
Act, 2004 (Public Law 108-132; 117 Stat. 1382; 10 U.S.C. 111 note), is 
repealed.</DELETED>

<DELETED>SEC. 2816. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL AT LUKE AIR 
              FORCE BASE, ARIZONA, IN HONOR OF JOHN J. RHODES, A FORMER 
              MINORITY LEADER OF THE HOUSE OF 
              REPRESENTATIVES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 2817. ELIMINATION OF REVERSIONARY INTERESTS CLOUDING 
              UNITED STATES TITLE TO PROPERTY USED AS NAVY 
              HOMEPORTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Consideration.--(1) As consideration for the 
acquisition of a reversionary interest under subsection (a), the 
Secretary shall provide the holder of the reversionary interest with 
in-kind consideration, to be determined pursuant to negotiations 
between the Secretary and the holder of the reversionary interest. In 
determining the type and value of any in-kind consideration to be 
provided for the acquisition of a reversionary interest under 
subsection (a), the Secretary shall take into account the nature of the 
reversionary interest, including whether it would require the holder of 
the reversionary interest to pay for any improvements acquired by the 
holder as part of the reversion of the real property, and the long-term 
use and ultimate disposition of the real property if the United States 
were to acquire all right, title, and interest in and to the real 
property subject to the reversionary interest.</DELETED>
<DELETED>    (2) Cash payments are not authorized as consideration for 
the acquisition of reversionary interests under subsection 
(a).</DELETED>

<DELETED>SEC. 2818. REPORT ON FEASIBILITY OF VETERANS MEMORIAL AT 
              MARINE CORPS AIR STATION, EL TORO, CALIFORNIA.</DELETED>

<DELETED>    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 City of Irvine's anticipated future uses of the former 
MCAS El Toro property would permit the establishment and maintenance of 
a veterans memorial at no cost to the Federal Government.</DELETED>

      <DELETED>Subtitle C--Base Closure and Realignment</DELETED>

<DELETED>SEC. 2821. TWO-YEAR POSTPONEMENT OF 2005 BASE CLOSURE AND 
              REALIGNMENT ROUND AND SUBMISSION OF REPORTS REGARDING 
              FUTURE INFRASTRUCTURE REQUIREMENTS FOR THE ARMED 
              FORCES.</DELETED>

<DELETED>    (a) Two-Year Postponement in Submittal of Base Closure and 
Realignment Recommendations.--Section 2914 of the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), as added by section 3003 of the National 
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 
Stat. 1345), is amended--</DELETED>
        <DELETED>    (1) in the section heading, by striking ``2005'' 
        and inserting ``2007''; and</DELETED>
        <DELETED>    (2) in subsection (a), by striking ``May 16, 
        2005,'' and inserting ``May 16, 2007,''.</DELETED>
<DELETED>    (b) Commission Review and Recommendations.--Subsection (d) 
of section 2914 of the Defense Base Closure and Realignment Act of 1990 
is amended--</DELETED>
        <DELETED>    (1) in paragraphs (1) and (2), by striking 
        ``September 8, 2005'' both places it appears and inserting 
        ``September 8, 2007''; and</DELETED>
        <DELETED>    (2) in paragraph (6)--</DELETED>
                <DELETED>    (A) by striking ``in 2005'' and inserting 
                ``under this section''; and</DELETED>
                <DELETED>    (B) by striking ``July 1, 2005'' and 
                inserting ``July 1, 2007''.</DELETED>
<DELETED>    (c) Review by President and Transmittal to Congress.--
Subsection (e) of section 2914 of the Defense Base Closure and 
Realignment Act of 1990 is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``in 2005'' and inserting 
                ``under this section''; and</DELETED>
                <DELETED>    (B) by striking ``September 23, 2005'' and 
                inserting ``September 23, 2007'';</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``October 20, 
        2005'' and inserting ``October 20, 2007''; and</DELETED>
        <DELETED>    (3) in paragraph (3)--</DELETED>
                <DELETED>    (A) by striking ``November 7, 2005'' and 
                inserting ``November 7, 2007''; and</DELETED>
                <DELETED>    (B) by striking ``in 2005'' and inserting 
                ``in 2007''.</DELETED>
<DELETED>    (d) New Force Structure Plan and Infrastructure Inventory; 
Recertification of Need for Additional Round.--Section 2912 of the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note), as added by section 3001 
of the National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107; 115 Stat. 1342), is amended--</DELETED>
        <DELETED>    (1) in the section heading, by striking ``2005'' 
        and inserting ``2007'';</DELETED>
        <DELETED>    (2) by striking ``fiscal year 2005'' each place it 
        appears and inserting ``fiscal year 2007'';</DELETED>
        <DELETED>    (3) in subsection (b)(1), by inserting ``for 
        fiscal year 2007'' after ``subsection (a)'';</DELETED>
        <DELETED>    (4) in subsections (b)(2) and (d), by striking 
        ``in 2005'' each place it appears and inserting ``under section 
        2914'';</DELETED>
        <DELETED>    (5) in subsection (d), by striking ``March 15, 
        2005'' both places it appears and inserting ``March 15, 
        2007'';</DELETED>
        <DELETED>    (6) in subsection (d)(4), by striking ``calendar 
        year 2005 and shall terminate on April 15, 2006'' and inserting 
        ``calendar year 2007 and shall terminate on April 15, 2008''; 
        and</DELETED>
        <DELETED>    (7) in subsection (d)(5), by striking ``second 
        session of the 108th Congress for the activities of the 
        Commission in 2005'' and inserting ``second session of the 
        109th Congress for the activities of the Commission under 
        section 2914''.</DELETED>
<DELETED>    (e) Infrastructure-Related Reporting Requirements; 
Termination of Base Closure Round.--Section 2912 of the Defense Base 
Closure and Realignment Act of 1990 is further amended by adding at the 
end the following new subsection:</DELETED>
<DELETED>    ``(e) Infrastructure-Related Reports.--</DELETED>
        <DELETED>    ``(1) Required reports.--The Secretary shall 
        prepare the following reports related to infrastructure 
        requirements for the Armed Forces:</DELETED>
                <DELETED>    ``(A) A report containing the Integrated 
                Global Presence and Basing Strategy of the Department 
                of Defense, including the location of long-term 
                overseas installations, installations to be used for 
                rotational purposes, and forward operating locations, 
                anticipated rotational plans and policies, and domestic 
                and overseas infrastructure requirements associated 
                with the strategy.</DELETED>
                <DELETED>    ``(B) A report describing the anticipated 
                infrastructure requirements associated with the 
                probable end-strength levels and major military force 
                units (including land force divisions, carrier and 
                other major combatant vessels, air wings, and other 
                comparable units) for each of the Armed Forces 
                resulting from force transformation.</DELETED>
                <DELETED>    ``(C) A report describing the anticipated 
                infrastructure requirements related to expected changes 
                in the active component versus reserve component 
                personnel mix of the Armed Forces.</DELETED>
                <DELETED>    ``(D) A report describing the anticipated 
                infrastructure requirements associated with the so-
                called `10-30-30 objective' of the Secretary to ensure 
                that military forces are capable of deployment overseas 
                within 10 days in sufficient strength to defeat an 
                enemy within 30 days and be ready for redeployment 
                within 30 days after the end of combat 
                operations.</DELETED>
                <DELETED>    ``(E) A report containing the results of a 
                complete reassessment of the infrastructure necessary 
                to support the force structure described in the force-
                structure plan prepared under paragraph (1) of 
                subsection (a) and describing any resulting excess 
                infrastructure and infrastructure capacity, which were 
                previously required by paragraph (2) of such 
                subsection. The reassessment shall be based on actual 
                infrastructure, facility, and space requirements for 
                the Armed Forces rather than a comparative study 
                between 1989 and 2003.</DELETED>
                <DELETED>    ``(F) A report describing the anticipated 
                infrastructure requirements associated with the 
                assessment prepared by the Secretary pursuant to 
                section 2822 of the National Defense Authorization Act 
                for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
                1726), in which Congress required the Secretary to 
                assess the probable threats to national security and 
                determine the potential, prudent, surge requirements 
                for the Armed Forces and military installations to meet 
                those threats.</DELETED>
        <DELETED>    ``(2) Time for submission of reports.--The reports 
        required by paragraph (1) shall be submitted to the 
        congressional defense committees only during the period 
        beginning on January 1, 2006, and ending on March 15, 
        2006.</DELETED>
        <DELETED>    ``(3) Termination of round for failure to submit 
        reports as required.--If the reports required by paragraph (1) 
        are not submitted during the period specified in paragraph (2), 
        the process for the making of recommendations to the Congress 
        for the closure or realignment of military installations and 
        the selection of installations for closure or realignment under 
        this part in 2007 shall be terminated.''.</DELETED>
<DELETED>    (f) Conforming Amendments.--(1) Section 2904(a)(3) of the 
Defense Base Closure and Realignment Act of 1990 is amended by striking 
``in the 2005 report'' and inserting ``in a report submitted after 
2001''.</DELETED>
<DELETED>    (2) Section 2906(e) of such Act is amended by striking 
``2005'' and inserting ``2007''.</DELETED>
<DELETED>    (3) Section 2906A of such Act is amended--</DELETED>
        <DELETED>    (A) in the section heading, by striking ``2005'' 
        and inserting ``2007''; and</DELETED>
        <DELETED>    (B) by striking ``2005'' each place it appears and 
        inserting ``2007''.</DELETED>
<DELETED>    (4) Section 2909(a) of such Act is amended by striking 
``2006'' and inserting ``2008''.</DELETED>

<DELETED>SEC. 2822. ESTABLISHMENT OF SPECIFIC DEADLINE FOR SUBMISSION 
              OF REVISIONS TO FORCE-STRUCTURE PLAN AND INFRASTRUCTURE 
              INVENTORY FOR NEXT BASE CLOSURE ROUND.</DELETED>

<DELETED>    Section 2912(a)(4) of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) is amended by striking ``as part of the budget 
justification document submitted to Congress for fiscal year 2006.'' 
and inserting ``not later than March 15 of the year in which the 
Secretary will submit, consistent with subsection (e) of this section, 
the list of the military installations inside the United States that 
the Secretary recommends for closure or realignment. No revision of the 
force-structure plan or infrastructure inventory is authorized after 
that March 15 date.''.</DELETED>

<DELETED>SEC. 2823. SPECIFICATION OF FINAL SELECTION CRITERIA FOR NEXT 
              BASE CLOSURE ROUND.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) Title XXX of the National Defense 
        Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 
        Stat. 1342) amended the Defense Base Closure and Realignment 
        Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
        U.S.C. 2687 note) to authorize the Secretary of Defense to 
        conduct an additional round of base realignments and 
        closures.</DELETED>
        <DELETED>    (2) In section 2822 of the National Defense 
        Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 
        Stat. 1726), approved November 24, 2003, Congress required the 
        Secretary of Defense to assess the probable threats to national 
        security and determine the potential, prudent, surge 
        requirements for the Armed Forces and military installations to 
        meet those threats. Such section specifically requires the 
        Secretary of Defense to use the determination of surge 
        requirements in exercising the authority of the Secretary to 
        conduct the next round of base realignments and 
        closures.</DELETED>
        <DELETED>    (3) Section 2913 of the Defense Base Closure and 
        Realignment Act of 1990, as added by title XXX of the National 
        Defense Authorization Act for Fiscal Year 2002, specified the 
        process by which the Secretary of Defense was to prepare the 
        criteria to be used by the Secretary in making recommendations 
        for the next round of base realignments and closures and listed 
        certain requirements the Secretary had to comply with as part 
        of the process, including the advance publication of the 
        proposed criteria and the solicitation and consideration of 
        public comments.</DELETED>
        <DELETED>    (4) In subsection (e) of such section, Congress 
        required the Secretary of Defense to publish in the Federal 
        Register and transmit to Congress not later than February 16, 
        2004, the final criteria intended to be used by the Secretary 
        in making recommendations for the next round of base 
        realignments and closures. Pursuant to such subsection, the 
        Secretary of Defense published the final selection criteria in 
        the Federal Register on February 12, 2004 (69 Fed. Reg. 
        6948).</DELETED>
        <DELETED>    (5) In addition to specifically reserving its 
        right to disapprove the final selection criteria, Congress may 
        modify or otherwise amend the criteria by Act of 
        Congress.</DELETED>
<DELETED>    (b) Congressional Specification of Final BRAC Selection 
Criteria.--Section 2913 of the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
note), as added by section 3002 of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1344), is 
amended to read as follows:</DELETED>

<DELETED>``SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF 
              BASE CLOSURES AND REALIGNMENTS.</DELETED>

<DELETED>    ``(a) Final Selection Criteria.--The final criteria to be 
used by the Secretary in making recommendations for the closure or 
realignment of military installations inside the United States under 
this part in any additional round of base closures and realignments are 
as follows:</DELETED>
        <DELETED>    ``(1) The current and future mission requirements 
        and the impact on operational readiness of the total force of 
        the Department of Defense, including the impact on joint 
        warfighting, training, readiness, and research, development, 
        test, and evaluation of weapons systems and 
        equipment.</DELETED>
        <DELETED>    ``(2) The availability and condition of land, 
        facilities, infrastructure, and associated air and water space 
        (including preservation of training areas suitable for maneuver 
        by ground, naval, or air forces throughout a diversity of 
        climate and terrain areas, the preservation of testing ranges 
        able to accommodate current or future military weapons systems 
        and equipment, and the preservation of staging areas for the 
        use of the Armed Forces in homeland defense missions) at both 
        existing and potential receiving locations.</DELETED>
        <DELETED>    ``(3) The ability to accommodate contingency, 
        mobilization, and future total force requirements at both 
        existing and potential receiving locations to support 
        operations, training, maintenance, and repair.</DELETED>
        <DELETED>    ``(4) Preservation of land, air, and water space, 
        facilities, and infrastructure necessary to support training 
        and operations of military forces determined to be surge 
        requirements by the Secretary of Defense, as required by 
        section 2822 of the National Defense Authorization Act for 
        Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
        1726).</DELETED>
        <DELETED>    ``(5) The extent and timing of potential costs and 
        savings of base realignment and closure actions on the entire 
        Federal budget, as well as the Department of Defense, including 
        the number of years, beginning with the date of completion of 
        the closure or realignment, for the savings to exceed the 
        costs. Costs shall include those costs related to potential 
        environmental restoration, waste management, and environmental 
        compliance activities.</DELETED>
        <DELETED>    ``(6) The economic impact on existing communities 
        in the vicinity of military installations.</DELETED>
        <DELETED>    ``(7) The ability of the infrastructure of both 
        the existing and potential receiving communities to support 
        forces, missions, and personnel, including quality of living 
        standards for members of the Armed Forces and their 
        dependents.</DELETED>
        <DELETED>    ``(8) The environmental impact on receiving 
        locations.</DELETED>
<DELETED>    ``(b) Priority Given to Military Value.--In recommending 
military installations for closure or realignment, the Secretary shall 
give priority consideration to the first four criteria specified in 
subsection (a).</DELETED>
<DELETED>    ``(c) Relation to Other Materials.--The final selection 
criteria specified in subsection (a) shall be the only criteria to be 
used, along with the force-structure plan and infrastructure inventory 
referred to in section 2912, in making recommendations for the closure 
or realignment of military installations inside the United States under 
this part after December 31, 2003.</DELETED>
<DELETED>    ``(d) Relation to Criteria for Earlier Rounds.--Section 
2903(b), and the selection criteria prepared under such section, shall 
not apply with respect to the process of making recommendations for the 
closure or realignment of military installations after December 31, 
2003.''.</DELETED>
<DELETED>    (c) Conforming Amendments.--The Defense Base Closure and 
Realignment Act of 1990 is amended--</DELETED>
        <DELETED>    (1) in section 2912(c)(1)(A), by striking 
        ``criteria prepared under section 2913'' and inserting 
        ``criteria specified in section 2913''; and</DELETED>
        <DELETED>    (2) in section 2914(a), by striking ``criteria 
        prepared by the Secretary under section 2913'' and inserting 
        ``criteria specified in section 2913''.</DELETED>

<DELETED>SEC. 2824. REQUIREMENT FOR UNANIMOUS VOTE OF DEFENSE BASE 
              CLOSURE AND REALIGNMENT COMMISSION TO ADD TO OR OTHERWISE 
              EXPAND CLOSURE AND REALIGNMENT RECOMMENDATIONS MADE BY 
              SECRETARY OF DEFENSE.</DELETED>

<DELETED>    Section 2914(d) of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note), as added by section 3003 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division B of 
Public Law 107-107; 155 Stat, 1346) and amended by section 2854 of the 
Bob Stump National Defense Authorization Act for Fiscal Year 2003 
(Public Law 107-314; 116 Stat. 2728), is amended--</DELETED>
        <DELETED>    (1) in paragraph (3), by striking ``to add'' and 
        inserting ``to consider additions''; and</DELETED>
        <DELETED>    (2) by striking paragraph (5) and inserting the 
        following new paragraph:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) at least two members of the 
                Commission visit the military installation before the 
                date of the transmittal of the report; and</DELETED>
                <DELETED>    ``(B) the decision of the Commission to 
                make the change to recommend the closure of the 
                military installation, the realignment of the 
                installation, or the expanded realignment of the 
                installation is unanimous.''.</DELETED>

<DELETED>SEC. 2825. ADHERENCE TO CERTAIN AUTHORITIES ON PRESERVATION OF 
              MILITARY DEPOT CAPABILITIES DURING ANY SUBSEQUENT ROUND 
              OF BASE CLOSURES AND REALIGNMENTS.</DELETED>

<DELETED>    The Defense Base Closure and Realignment Act of 1990 (part 
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended 
by adding at the end the following new section:</DELETED>

<DELETED>``SEC. 2915. ADHERENCE TO CERTAIN AUTHORITIES ON PRESERVATION 
              OF MILITARY DEPOT CAPABILITIES DURING ANY SUBSEQUENT 
              ROUND OF BASE CLOSURES AND REALIGNMENTS.</DELETED>

<DELETED>    ``(a) Adherence Required.--(1) Any base closure and 
realignment actions under section 2914 or subsequent round of base 
closure and realignment, and any actions to carry out the closure or 
realignment of military installations as a result of such actions, 
shall reflect a strict adherence to the provisions of title 10, United 
States Code, for the maintenance of government-owned, government-
operated depot-level maintenance, repair, and logistics capabilities 
within the Department of Defense, including the provisions of chapter 
146 of such title and other applicable provisions.</DELETED>
<DELETED>    ``(2) No action to carry out the closure or realignment of 
military installations in any base closures and realignments under this 
part after the date of the enactment of this section may include a 
waiver authorized by paragraph (2) or (3) of section 2464(b) or section 
2466(b) of title 10, United States Code.</DELETED>
<DELETED>    ``(b) Base Closure and Realignment Actions Defined.--In 
this section, the term `base closure and realignment actions' means the 
following:</DELETED>
        <DELETED>    ``(1) The preparation by the Secretary of Defense 
        of recommendations on installations for closure or realignment 
        under this part or any subsequent base closure law.</DELETED>
        <DELETED>    ``(2) The review by the Commission of the 
        recommendations referred to in paragraph (1).</DELETED>
        <DELETED>    ``(3) The review by the President of the 
        recommendations referred to in paragraphs (1) and 
        (2).''.</DELETED>

            <DELETED>Subtitle D--Land Conveyances</DELETED>

              <DELETED>PART I--ARMY CONVEYANCES</DELETED>

<DELETED>SEC. 2831. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE 
              SUPPLY CENTER, COLUMBUS, OHIO.</DELETED>

<DELETED>    (a) Transfer Required.--As soon as practicable after the 
date of the enactment of this Act, the Secretary of the Army shall 
transfer, without reimbursement, to the administrative jurisdiction of 
the Secretary of Veterans Affairs a parcel of real property consisting 
of approximately 20 acres and comprising a portion of the Defense 
Supply Center in Columbus, Ohio, for the purpose of permitting the 
Secretary of Veterans Affairs to use the property as the site for an 
outpatient clinic.</DELETED>
<DELETED>    (b) Payment of Costs of Conveyance.--(1) The Secretary of 
the Army shall require the Secretary of Veterans Affairs to cover costs 
to be incurred by the Secretary of the Army, or to reimburse the 
Secretary of the Army for costs incurred by the Secretary of the Army, 
to carry out the conveyance under subsection (a), including survey 
costs, costs related to environmental documentation, and other 
administrative costs related to the conveyance. If amounts are 
collected from the Secretary of Veterans Affairs in advance of the 
Secretary of the Army incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the Secretary of the 
Army to carry out the conveyance, the Secretary of the Army shall 
refund the excess amount to the Secretary of Veterans 
Affairs.</DELETED>
<DELETED>    (2) Amounts received as reimbursement under paragraph (1) 
shall be credited to the fund or account that was used to cover the 
costs incurred by the Secretary of the Army in carrying out the 
conveyance. Amounts so credited shall be merged with amounts in such 
fund or account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts in such fund 
or account.</DELETED>
<DELETED>    (c) Description of Real Property.--The exact acreage and 
legal description of the real property to be transferred under 
subsection (a) shall be determined by a survey satisfactory to the 
Secretary of the Army.</DELETED>

<DELETED>SEC. 2832. LAND CONVEYANCE, FORT HOOD, TEXAS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2833. LAND CONVEYANCE, ARMY NATIONAL GUARD FACILITY, 
              SEATTLE, WASHINGTON.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Administrative Expenses.--(1) The State shall 
reimburse the Secretary for the administrative expenses incurred by the 
Secretary in carrying out the conveyance under subsection (a), 
including expenses related to surveys and legal descriptions, boundary 
monumentation, environmental surveys, necessary documentation, travel, 
and deed preparation.</DELETED>
<DELETED>    (2) Section 2695(c) of title 10, United States Code, shall 
apply to any amounts received by the Secretary as reimbursement under 
this subsection.</DELETED>
<DELETED>    (c) Exemption From Federal Screening.--The conveyance 
authorized by subsection (a) is exempt from the requirement to screen 
the property for other Federal use pursuant to sections 2693 and 2696 
of title 10, United States Code.</DELETED>
<DELETED>    (d) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary. The cost of 
the survey shall be borne by the United States, subject to the 
requirement for reimbursement under subsection (b).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2834. MODIFICATION OF LAND EXCHANGE AND CONSOLIDATION, 
              FORT LEWIS, WASHINGTON.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) by striking ``may convey to'' and inserting 
        ``may transfer to the Secretary of the Interior, in trust 
        for''; and</DELETED>
        <DELETED>    (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).''.</DELETED>
<DELETED>    (b) Increase in Acreage to Be Transferred.--Such 
subsection is further amended by striking ``138 acres'' and inserting 
``168 acres''.</DELETED>
<DELETED>    (c) Qualification on Property to Be Transferred.--
Subsection (a)(2) of such section is amended--</DELETED>
        <DELETED>    (1) by striking ``conveyance'' and inserting 
        ``transfer''; and</DELETED>
        <DELETED>    (2) by striking ``or the right of way described in 
        subsection (c)'' and inserting ``located on the real property 
        transferred under that paragraph''.</DELETED>
<DELETED>    (d) Consideration.--Subsection (b) of such section is 
amended--</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1), by 
        striking ``conveyance'' and inserting ``transfer''; 
        and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (e) Treatment of Existing Permit Rights; Grant of 
Easement.--Such section is further amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (d) and (e) as 
        subsections (e) and (f), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (c) the 
        following new subsection:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (f) Conforming Amendments.--(1) Subsection (c) of such 
section is amended by inserting ``of the Army'' after 
``Secretary''.</DELETED>
<DELETED>    (2) Subsection (e) of such section (as redesignated by 
subsection (e)(1)) is amended--</DELETED>
        <DELETED>    (A) by striking ``conveyed'' and inserting 
        ``transferred'';</DELETED>
        <DELETED>    (B) by inserting ``of the Army'' after 
        ``Secretary''; and</DELETED>
        <DELETED>    (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)''.</DELETED>
<DELETED>    (3) Subsection (f) of such section (as redesignated by 
subsection (e)(1)) is amended--</DELETED>
        <DELETED>    (A) by inserting ``of the Army'' after 
        ``Secretary'' both place it appears; and</DELETED>
        <DELETED>    (B) by striking ``conveyances under this section'' 
        and inserting ``transfer under subsection (a) and conveyances 
        under subsections (b)(2) and (c)''.</DELETED>

              <DELETED>PART II--NAVY CONVEYANCES</DELETED>

<DELETED>SEC. 2841. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL 
              COMPLEX, DISTRICT OF COLUMBIA.</DELETED>

<DELETED>    (a) Transfer Required.--Except as provided in subsection 
(b), the Secretary of the Navy shall transfer to the administrative 
jurisdiction of the Administrator of General Services the parcel of 
Department of the Navy real property in the District of Columbia known 
as the Nebraska Avenue Complex for the purpose of permitting the 
Administrator to use the Complex to accommodate the Department of 
Homeland Security. The Complex shall be transferred in its existing 
condition.</DELETED>
<DELETED>    (b) Authority to Retain Military Family Housing.--At the 
option of the Secretary of the Navy, the Secretary may retain 
administrative jurisdiction over that portion of the Complex that, as 
of the date of the enactment of this Act, is being used to provide Navy 
family housing.</DELETED>
<DELETED>    (c) Time for Transfer.--Not later than January 1, 2005, 
the Secretary of the Navy shall complete the transfer of administrative 
jurisdiction over the portion of the Complex required to be transferred 
under subsection (a).</DELETED>
<DELETED>    (d) Relocation of Navy Activities.--As part of the 
transfer of the Complex under subsection (a), the Secretary of the Navy 
shall relocate Department of the Navy activities at the Complex to 
other locations.</DELETED>
<DELETED>    (e) Payment of Initial Relocation Costs.--Subject to the 
availability of appropriations for this purpose, the Secretary of the 
Department of Homeland Security shall be responsible for the payment 
of--</DELETED>
        <DELETED>    (1) all reasonable costs, including costs to move 
        furnishings and equipment, related to the initial relocation of 
        Department of the Navy activities from the Complex under 
        subsection (d); and</DELETED>
        <DELETED>    (2) all reasonable costs incident to the initial 
        occupancy by such activities of interim leased space, including 
        rental costs for the first year.</DELETED>
<DELETED>    (f) Payment of Long-Term Relocation Costs.--</DELETED>
        <DELETED>    (1) Sense of congress regarding payment.--It is 
        the sense of the Congress that the Secretary of the Navy should 
        receive, from Federal agencies other than the Department of 
        Defense, funds authorized and appropriated for the purpose of 
        covering all reasonable costs, not paid under subsection (e), 
        that are incurred or will be incurred by the Secretary to 
        permanently relocate Department of the Navy activities from the 
        Complex under subsection (d).</DELETED>
        <DELETED>    (2) Submission of cost estimates.--As soon as 
        practicable after the date of the enactment of this Act , the 
        Secretary of the Navy shall submit to the Director of the 
        Office of Management and Budget and the Congress an initial 
        estimate of the amounts that will be necessary to cover the 
        costs to permanently relocate Department of the Navy activities 
        from the portion of the Complex to be transferred under 
        subsection (a). The Secretary shall include in the estimate 
        anticipated land acquisition and construction costs. The 
        Secretary shall revise the estimate as necessary whenever 
        information regarding the actual costs for the relocation is 
        obtained.</DELETED>
<DELETED>    (g) Treatment of Funds.--(1) Funds received by the 
Secretary of the Navy, from sources outside the Department of Defense, 
to relocate Department of the Navy activities from the Complex shall be 
used to pay the costs incurred by the Secretary to permanently relocate 
Department of the Navy activities from the Complex. A military 
construction project carried out using such funds is deemed to be an 
authorized military construction project for purposes of section 2802 
of title 10, United States Code. Section 2822 of such title shall 
continue to apply to any military family housing unit proposed to be 
constructed or acquired using such funds.</DELETED>
<DELETED>    (2) When a decision is made to carry out a military 
construction project using such funds, the Secretary of the Navy shall 
notify Congress in writing of that decision, including the 
justification for the project and the current estimate of the cost of 
the project. The project may then be carried out only after the end of 
the 21-day period beginning on the date the notification is received by 
Congress or, if earlier, the end of the 14-day period beginning on the 
date on which a copy of the notification is provided in an electronic 
medium pursuant to section 480 of title 10, United States 
Code.</DELETED>
<DELETED>    (h) Effect of Failure to Receive Sufficient Funds for 
Relocation Costs.--</DELETED>
        <DELETED>    (1) Congressional notification.--At the end of the 
        three-year period beginning on the date of the transfer of the 
        Complex under subsection (a), the Secretary of the Navy shall 
        submit to Congress a report--</DELETED>
                <DELETED>    (A) specifying the total amount needed to 
                cover both the initial and permanent costs of 
                relocating Department of the Navy activities from the 
                portion of the Complex transferred under subsection 
                (a);</DELETED>
                <DELETED>    (B) specifying the total amount of the 
                initial relocation costs paid by the Secretary of the 
                Department of Homeland Security under subsection (e); 
                and</DELETED>
                <DELETED>    (C) specifying the total amount of 
                appropriated funds received by the Secretary of the 
                Navy, from sources outside the Department of Defense, 
                to cover the permanent relocation costs.</DELETED>
        <DELETED>    (2) Role of omb.--The Secretary of the Navy shall 
        obtain the assistance and concurrence of the Director of the 
        Office of Management and Budget in determining the total amount 
        needed to cover both the initial and permanent costs of 
        relocating Department of the Navy activities from the portion 
        of the Complex transferred under subsection (a), as required by 
        paragraph (1)(A).</DELETED>
        <DELETED>    (3) Certification regarding relocation costs.--Not 
        later than 30 days after the date on which the report under 
        paragraph (1) is required to be submitted to Congress, the 
        President shall certify to Congress whether the amounts 
        specified in the report pursuant to subparagraphs (B) and (C) 
        of such paragraph are sufficient to cover both the initial and 
        permanent costs of relocating Department of the Navy activities 
        from the portion of the Complex transferred under subsection 
        (a). The President shall make this certification only after 
        consultation with the Chairman and ranking minority member of 
        the Committee on Armed Services and the Committee on 
        Appropriations of the House of Representatives and the Chairman 
        and ranking minority member of the Committee on Armed Services 
        and the Committee on Appropriations of the Senate.</DELETED>
        <DELETED>    (4) Restoration of complex to navy.--If the 
        President certifies under paragraph (3) that amounts referred 
        to in subparagraphs (B) and (C) of paragraph (1) are 
        insufficient to cover Navy relocation costs, the Administrator 
        of General Services, at the request of the Secretary of the 
        Navy, shall restore the Complex to the administrative 
        jurisdiction of the Secretary of the Navy.</DELETED>
        <DELETED>    (5) Navy sale of complex.--If administrative 
        jurisdiction over the Complex is restored to the Secretary of 
        the Navy, the Secretary shall convey the Complex by competitive 
        sale. Amounts received by the United States as consideration 
        from any sale under this paragraph shall be deposited in the 
        special account in the Treasury established pursuant to section 
        572(b) of title 40, United States Code.</DELETED>

<DELETED>SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORMER FORT 
              SHERIDAN, ILLINOIS.</DELETED>

<DELETED>    (a) Conveyance Authorized.--The Secretary of the Navy may 
convey, without consideration, to the State of Illinois, a political 
subdivision of the State, or a nonprofit land conservation organization 
(in this section collectively referred to as the ``grantee''), all 
right, title, and interest of the United States in and to certain 
environmentally sensitive land at the former Fort Sheridan, Illinois, 
consisting of mostly bluffs and ravines, for the purpose of ensuring 
the permanent protection of the lands.</DELETED>
<DELETED>    (b) Reversionary Interest.--If the Secretary determines at 
any time that the real property conveyed under subsection (a) is not 
being used or maintained in accordance with the purpose of the 
conveyance specified in such subsection, all right, title, and interest 
in and to all or any portion of the property shall revert, at the 
option of the Secretary, to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made on 
the record after an opportunity for a hearing.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Exemption From Federal Screening.--The conveyance 
authorized by subsection (a) is exempt from the requirement to screen 
the property for other Federal use pursuant to sections 2693 and 2696 
of title 10, United States Code.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with the 
conveyance under subsection (a) as the Secretary considers appropriate 
to protect the interests of the United States.</DELETED>
<DELETED>    (h) Use of Alternate Conveyance Authority.--In lieu of 
using the authority provided by this section to convey the real 
property described in subsection (a), the Secretary may elect to 
include the property in a conveyance authorized by section 2878 of 
title 10, United States Code, subject to such terms, reservations, 
restrictions, and conditions as may be necessary to ensure the 
permanent protection of the property, if the Secretary determines that 
a conveyance under such section is advantageous to the interests of the 
United States.</DELETED>

<DELETED>SEC. 2843. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER, 
              MARYLAND.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Property Received in Exchange.--As consideration for 
the conveyance of the real property under subsection (a), the State 
shall convey to the United States a parcel of real property consisting 
of approximately five acres located in Point Lookout State Park, St. 
Mary's County, Maryland.</DELETED>
<DELETED>    (c) Payment of Costs of Conveyance.--(1) The Secretary may 
require the State to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, relocation expenses incurred 
under subsection (b), and other administrative costs related to the 
conveyance. If amounts are collected from the State in advance of the 
Secretary incurring the actual costs, and the amount collected exceeds 
the costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount to 
State.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Exemption From Federal Screening.--The conveyance 
authorized by subsection (a) is exempt from the requirement to screen 
the property for other Federal use pursuant to sections 2693 and 2696 
of title 10, United States Code.</DELETED>
<DELETED>    (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.</DELETED>

           <DELETED>PART III--AIR FORCE CONVEYANCES</DELETED>

<DELETED>SEC. 2851. LAND EXCHANGE, MAXWELL AIR FORCE BASE, 
              ALABAMA.</DELETED>

<DELETED>    (a)  Conveyance Authorized.--The Secretary of the Air 
Force may convey to the City of Montgomery, Alabama (in this section 
referred to as the ``City''), all right, title, and interest of the 
United States in and to a parcel of real property, including 
improvements thereon, consisting of all of the Maxwell Heights Housing 
site at Maxwell Air Force Base, Alabama.</DELETED>
<DELETED>    (b) Consideration.--(1) As consideration for the 
conveyance of the real property under subsection (a), the City shall 
convey to the United States a parcel of real property, including 
improvements thereon, consisting of approximately 35 acres designated 
as project AL 6-4 that is owned by the City and is contiguous to 
Maxwell Air Force Base. The Secretary shall have jurisdiction over the 
real property received under this paragraph.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c)  Description of Property.--The exact acreage and legal 
description of the property to be conveyed under this section shall be 
determined by surveys satisfactory to the Secretary.</DELETED>
<DELETED>    (d) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with the 
conveyances under this section as the Secretary considers appropriate 
to protect the interests of the United States.</DELETED>

      <DELETED>DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY 
           AUTHORIZATIONS AND OTHER AUTHORIZATIONS</DELETED>

      <DELETED>TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY 
                           PROGRAMS</DELETED>

            <DELETED>Subtitle A--National Security Programs 
                        Authorizations</DELETED>

<DELETED>SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.</DELETED>

<DELETED>    (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated to the Department of Energy for fiscal 
year 2005 for the activities of the National Nuclear Security 
Administration in carrying out programs necessary for national security 
in the amount of $9,047,700,000, to be allocated as follows:</DELETED>
        <DELETED>    (1) For weapons activities, 
        $6,577,953,000.</DELETED>
        <DELETED>    (2) For defense nuclear nonproliferation 
        activities, $1,338,147,000.</DELETED>
        <DELETED>    (3) For naval reactors, $797,900,000.</DELETED>
        <DELETED>    (4) For the Office of the Administrator for 
        Nuclear Security, $333,700,000.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    Project 05-D-140, project engineering and design, 
        various locations, $11,600,000.</DELETED>
        <DELETED>    Project 05-D-160, facilities and infrastructure 
        recapitalization program, project engineering and design, 
        various locations, $8,700,000.</DELETED>
        <DELETED>    Project 05-D-170, project engineering and design, 
        safeguards and security, various locations, 
        $17,000,000.</DELETED>
        <DELETED>    Project 05-D-401, production bays upgrade, Pantex 
        Plant, Amarillo, Texas, $25,100,000.</DELETED>
        <DELETED>    Project 05-D-402, beryllium capability project, Y-
        12 national security complex, Oak Ridge, Tennessee, 
        $3,627,000.</DELETED>
        <DELETED>    Project 05-D-601, compressed air upgrades project, 
        Y-12 national security complex, Oak Ridge, Tennessee, 
        $4,400,000.</DELETED>
        <DELETED>    Project 05-D-602, power grid infrastructure 
        upgrade, Los Alamos National Laboratory, Los Alamos, New 
        Mexico, $10,000,000.</DELETED>
        <DELETED>    Project 05-D-603, new master substation, Sandia 
        National Laboratories, Albuquerque, New Mexico, 
        $600,000.</DELETED>
        <DELETED>    Project 05-D-701, security perimeter, Los Alamos 
        National Laboratory, Los Alamos, New Mexico, 
        $20,000,000.</DELETED>

<DELETED>SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2005 for environmental management 
activities in carrying out programs necessary for national security in 
the amount of $6,863,307,000, to be allocated as follows:</DELETED>
        <DELETED>    (1) For defense site acceleration completion, 
        $5,876,837,000.</DELETED>
        <DELETED>    (2) For defense environmental services, 
        $986,470,000.</DELETED>

<DELETED>SEC. 3103. OTHER DEFENSE ACTIVITIES.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2005 for other defense activities 
in carrying out programs necessary for national security in the amount 
of $658,618,000.</DELETED>

<DELETED>SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.</DELETED>

<DELETED>    Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2005 for defense nuclear waste 
disposal for payment to the Nuclear Waste Fund established in section 
302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in 
the amount of $131,000,000.</DELETED>

    <DELETED>Subtitle B--Program Authorizations, Restrictions, and 
                         Limitations</DELETED>

<DELETED>SEC. 3111. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
              SCIENTIFIC, ENGINEERING, AND TECHNICAL 
              PERSONNEL.</DELETED>

<DELETED>    Section 4601 of the Atomic Energy Defense Act (50 U.S.C. 
2701) is amended by striking ``September 30, 2004'' and inserting 
``September 30, 2006''.</DELETED>

<DELETED>SEC. 3112. REQUIREMENTS FOR BASELINE OF PROJECTS UNDER 
              FACILITIES AND INFRASTRUCTURE RECAPITALIZATION 
              PROGRAM.</DELETED>

<DELETED>    Subsection (a) of section 3114 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1744; 50 U.S.C. 2453 note) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1) by inserting ``of a 
        baseline'' after ``selection''; and</DELETED>
        <DELETED>    (2) by amending paragraph (2) to read as 
        follows:</DELETED>
        <DELETED>    ``(2)(A) After December 31, 2004, a project may be 
        added to or removed from the Facilities and Infrastructure 
        Recapitalization Program only after the Administrator submits 
        to the congressional defense committees a notice that the 
        Administrator has identified such project for addition or 
        removal and has approved such addition or removal as a 
        modification to the baseline for that program.</DELETED>
        <DELETED>    ``(B) The Administrator may not obligate funds for 
        any project added under subparagraph (A) until a period of 60 
        days has elapsed after the date on which such committees 
        receive the notice under subparagraph (A) with respect to that 
        project.</DELETED>
        <DELETED>    ``(C) The authority of the Administrator to 
        identify and approve under subparagraph (A) may not be 
        delegated.''.</DELETED>

              <DELETED>Subtitle C--Other Matters</DELETED>

<DELETED>SEC. 3131. TRANSFERS AND REPROGRAMMINGS OF NATIONAL NUCLEAR 
              SECURITY ADMINISTRATION FUNDS.</DELETED>

<DELETED>    Section 3252 of the National Nuclear Security 
Administration Act (50 U.S.C. 2452) is amended by adding at the end the 
following new subsection:</DELETED>
<DELETED>    ``(d) Transfer and Reprogramming Process.--(1) The 
Administrator shall have sole jurisdiction within the Department of 
Energy to submit to Congress or the appropriate congressional 
committees a notice of, or request for, a transfer or reprogramming of 
funds of the Administration.</DELETED>
<DELETED>    ``(2) The functions of the Chief Financial Officer of the 
Department of Energy shall not apply to a notice or request described 
in paragraph (1), except to certify whether the funds covered by such 
notice or request are available.''.</DELETED>

<DELETED>SEC. 3132. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY 
              DEPARTMENT OF ENERGY OF HIGH-LEVEL RADIOACTIVE 
              WASTE.</DELETED>

<DELETED>    (a) Review Required.--The Secretary of Energy shall enter 
into an arrangement with the National Research Council of the National 
Academy of Sciences to carry out a study of the plans of the Department 
of Energy to manage the waste streams specified in subsection (b) that 
are not currently planned for disposal in a high-level 
repository.</DELETED>
<DELETED>    (b) Covered Waste Streams.--The waste streams referred to 
in subsection (a) are the streams of high-level radioactive waste at--
</DELETED>
        <DELETED>    (1) the Savannah River Site, South 
        Carolina;</DELETED>
        <DELETED>    (2) the Idaho National Engineering Laboratory, 
        Idaho; and</DELETED>
        <DELETED>    (3) the Hanford Reservation, Washington.</DELETED>
<DELETED>    (c) Matters Included.--The study required by subsection 
(a) shall evaluate--</DELETED>
        <DELETED>    (1) the physical, chemical, and radiological 
        characteristics of the waste referred to in subsection (b), 
        including specifically the waste proposed to be left 
        indefinitely in storage tanks;</DELETED>
        <DELETED>    (2) the probability that such waste, if left 
        indefinitely in storage tanks, will leak into the environment 
        and the range of potential dangers such leakage would 
        represent;</DELETED>
        <DELETED>    (3) the plans of the Department for the disposal 
        of the high-level radioactive waste that the Department had 
        planned, before certain litigation in Federal district court in 
        2003 on ``Waste Incidental to Reprocessing'', to reclassify as 
        low-level waste;</DELETED>
        <DELETED>    (4) treatment and disposal alternatives to the 
        plans referred to in paragraph (3), including, for each such 
        alternative, assessments of the technology approaches and of 
        the implications with respect to cost, worker safety, and long-
        term environmental and human health;</DELETED>
        <DELETED>    (5) the adequacy of the plans referred to in 
        subsection (a), including Department of Energy Order No. 435.1, 
        to protect, for the long term, the environment and population 
        surrounding each site referred to in subsection (b); 
        and</DELETED>
        <DELETED>    (6) any other matters that the National Research 
        Council considers appropriate and directly related to the 
        subject matter of the study.</DELETED>
<DELETED>    (d) Recommendations Required.--In carrying out the study, 
the National Research Council shall develop recommendations relating to 
the subject matter of the study. The recommendations shall include--
</DELETED>
        <DELETED>    (1) recommendations for improving the scientific 
        basis for managing the waste covered by the study, including 
        alternative criteria for determining what waste should be 
        managed as ``Waste Incidental to Reprocessing''; and</DELETED>
        <DELETED>    (2) any other recommendations that the National 
        Research Council considers appropriate and directly related to 
        the subject matter of the study.</DELETED>
<DELETED>    (e) Reports.--The National Research Council shall submit 
to the Secretary of Energy and the congressional defense committees--
</DELETED>
        <DELETED>    (1) not later than six months after entering into 
        the arrangement required by subsection (a), an interim report 
        on the study with respect to the waste proposed to be left 
        indefinitely in storage tanks, including the tentative 
        findings, conclusions, and recommendations with respect to such 
        waste; and</DELETED>
        <DELETED>    (2) not later than one year after entering into 
        the arrangement required by subsection (a), a final report on 
        the study, including all findings, conclusions, and 
        recommendations.</DELETED>
<DELETED>    (f) Provision of Information.--The Secretary shall make 
available to the National Research Council all information that the 
National Research Council considers necessary to carry out, in a timely 
manner, its responsibilities under this section.</DELETED>
<DELETED>    (g) Funding.--Of the amounts authorized to be appropriated 
to the Department of Energy by section 3102, $1,500,000 shall be 
available only for carrying out the study required by this 
section.</DELETED>

<DELETED>SEC. 3133. CONTRACT TO REVIEW WASTE ISOLATION PILOT PLANT, NEW 
              MEXICO.</DELETED>

<DELETED>    The Secretary of Energy shall enter into a contract to 
conduct independent reviews and evaluations of the design, 
construction, and operations of the Waste Isolation Pilot Plant in New 
Mexico as they relate to the protection of the public health and safety 
and the environment. The contract shall be for a period of one year and 
shall be renewable for four additional one-year periods, subject to the 
authorization and appropriation of funds for such purpose.</DELETED>

<DELETED>SEC. 3134. ADDITIONAL AMOUNT FOR DEFENSE SITE ACCELERATION 
              COMPLETION.</DELETED>

<DELETED>    (a) Additional Amount.--The amount in section 3102 is 
hereby increased by $50,000,000, to be available under section 3102(1) 
for defense site acceleration completion.</DELETED>
<DELETED>    (b) Offset.--The amount in section 301(4), operation and 
maintenance, Air Force, is hereby reduced by $50,000,000, to be derived 
from the transportation capital fund.</DELETED>

<DELETED>SECTION 3135. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL 
              ILLNESS COMPENSATION PROGRAM.</DELETED>

<DELETED>    (a) State Agreements.--Section 3661 of the Energy 
Employees Occupational Illness Compensation Program Act of 2000 (42 
U.S.C. 7385o) is amended--</DELETED>
        <DELETED>    (1) in subsection (b) by striking ``Pursuant to 
        agreements under subsection (a), the'' and inserting 
        ``The'';</DELETED>
        <DELETED>    (2) in subsection (c) by striking ``provided in an 
        agreement under subsection (a), and if''; and</DELETED>
        <DELETED>    (3) in subsection (e) by striking ``If provided in 
        an agreement under subsection (a)'' and inserting ``If a panel 
        reports a determination under subsection (d)(5)''.</DELETED>
<DELETED>    (b) Selection of Panel Members.--Section 3661 of that Act 
(42 U.S.C. 7385o) is further amended in subsection (d) by amending 
paragraph (2) to read as follows:</DELETED>
        <DELETED>    ``(2) The Secretary of Health and Human Services 
        shall select individuals to serve as panel members based on 
        experience and competency in diagnosing occupational illnesses. 
        For each individual so selected, the Secretary shall appoint 
        that individual as a panel member or obtain by contract the 
        services of that individual as a panel member.''.</DELETED>

<DELETED>TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD</DELETED>

<DELETED>SEC. 3201. AUTHORIZATION.</DELETED>

<DELETED>    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.).</DELETED>

      <DELETED>TITLE XXXIII--NATIONAL DEFENSE STOCKPILE</DELETED>

<DELETED>SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
              FUNDS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Limitations.--The authorities provided by this section 
shall be subject to such limitations as may be provided in 
appropriations Acts.</DELETED>

<DELETED>SEC. 3302. RELAXATION OF QUANTITY RESTRICTIONS ON DISPOSAL OF 
              MANGANESE FERRO IN NATIONAL DEFENSE STOCKPILE.</DELETED>

<DELETED>    Section 3306(a) of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1391; 50 U.S.C. 98d 
note) is amended--</DELETED>
        <DELETED>    (1) in paragraph (3), by striking ``each of the 
        fiscal years 2004 and 2005'' and inserting ``fiscal year 
        2004''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(4) During fiscal year 2005, 100,000 short tons 
        of high carbon manganese ferro of the highest grade.</DELETED>

<DELETED>SEC. 3303. REVISION OF EARLIER AUTHORITY TO DISPOSE OF CERTAIN 
              MATERIALS IN NATIONAL DEFENSE STOCKPILE.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(4) $785,000,000 by the end of fiscal year 2005; 
        and</DELETED>
        <DELETED>    ``(5) $870,000,000 by the end of fiscal year 
        2009.''.</DELETED>

        <DELETED>TITLE XXXIV--NAVAL PETROLEUM RESERVES</DELETED>

<DELETED>SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Period of Availability.--Funds appropriated pursuant 
to the authorization of appropriations in subsection (a) shall remain 
available until expended.</DELETED>

         <DELETED>TITLE XXXV--MARITIME ADMINISTRATION</DELETED>

<DELETED>SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME 
              ADMINISTRATION.</DELETED>

<DELETED>    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)--
</DELETED>
        <DELETED>    (1) for expenses necessary for operations and 
        training activities, $109,300,000;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK 
              INSURANCE FOR MERCHANT MARINE VESSELS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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.''.</DELETED>

     <DELETED>TITLE XXXVI--SMALL BUSINESS ADMINISTRATION</DELETED>

<DELETED>SEC. 3601. ADDITION OF LANDSCAPING AND PEST CONTROL SERVICES 
              TO LIST OF DESIGNATED INDUSTRY GROUPS PARTICIPATING IN 
              THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION 
              PROGRAM.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) in paragraph (3), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (4), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(5) landscaping and pest control 
        services.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by redesignating subsection (e) as subsection 
        (f), and</DELETED>
        <DELETED>    (2) by inserting after subsection (d) the 
        following new subsection:</DELETED>
<DELETED>    ``(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).''.</DELETED>

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. Light utility helicopter program.
Sec. 112. Up-armored high mobility multi-purpose wheeled vehicles or 
                            wheeled vehicle ballistic add-on armor 
                            protection.
Sec. 113. Command-and-control vehicles or field artillery ammunition 
                            support vehicles.

                       Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

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

                       Subtitle E--Other Matters

Sec. 141. Report on options for acquisition of precision-guided 
                            munitions.
Sec. 142. Report on maturity and effectiveness of the Global 
                            Information Grid Bandwidth Expansion (GIG-
                            BE) Network.

          TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

                 Subtitle C--Ballistic Missile Defense

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

                       Subtitle D--Other Matters

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

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Sec. 304. Amount for one source military counseling and referral 
                            hotline.

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

                  Subtitle C--Environmental Provisions

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

             Subtitle D--Depot-Level Maintenance and Repair

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

             Subtitle E--Extensions of Program Authorities

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

                Subtitle F--Defense Dependents Education

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

                       Subtitle G--Other Matters

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorizations of Appropriations

Sec. 421. Authorization of appropriations for military personnel.
Sec. 422. Armed Forces Retirement Home.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Joint Officer Personnel Management

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

               Subtitle B--Other Officer Personnel Policy

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

             Subtitle C--Reserve Component Personnel Policy

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

                   Subtitle D--Education and Training

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

           Subtitle E--Decorations, Awards, and Commendations

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

                      Subtitle F--Military Justice

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

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

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

                       Subtitle H--Other Matters

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

             Subtitle D--Retired Pay and Survivor Benefits

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

                       Subtitle E--Other Matters

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

                         TITLE VII--HEALTH CARE

               Subtitle A--Enhanced Benefits for Reserves

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

                       Subtitle B--Other Matters

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

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

             Subtitle A--Acquisition Policy and Management

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

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

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

        Subtitle C--Extensions of Temporary Program Authorities

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

                  Subtitle D--Industrial Base Matters

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

         Subtitle E--Defense Acquisition and Support Workforce

Sec. 841. Limitation and reinvestment authority relating to reduction 
                            of the defense acquisition and support 
                            workforce.
Sec. 842. Defense acquisition workforce improvements.

                Subtitle F--Public-Private Competitions

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

                       Subtitle G--Other Matters

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

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                     Subtitle A--Reserve Components

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

                       Subtitle B--Other Matters

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

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

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

                Subtitle B--Naval Vessels and Shipyards

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

                          Subtitle C--Reports

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

                 Subtitle D--Matters Relating to Space

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

                 Subtitle E--Defense Against Terrorism

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

             Subtitle F--Matters Relating to Other Nations

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

                       Subtitle G--Other Matters

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

       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

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

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

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

     TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE

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

            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.
Sec. 2205. Modification of authority to carry out certain fiscal year 
                            2004 projects.

                         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 of authorization of certain fiscal year 2001 
                            project.
Sec. 2704. Effective date.

                    TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Increase in thresholds for unspecified minor military 
                            construction projects.
Sec. 2802. Modification of approval and notice requirements for 
                            facility repair projects.
Sec. 2803. Additional reporting requirements relating to alternative 
                            authority for acquisition and improvement 
                            of military housing.
Sec. 2804. Modification of authorities under alternative authority for 
                            acquisition and improvement of military 
                            housing.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Recodification and consolidation of certain authorities and 
                            limitations relating to real property 
                            administration.
Sec. 2812. Modification and enhancement of authorities on facilities 
                            for reserve components.
Sec. 2813. Authority to exchange or sell reserve component facilities 
                            and lands to obtain new reserve component 
                            facilities and lands.
Sec. 2814. Repeal of authority of Secretary of Defense to recommend 
                            that installations be placed in inactive 
                            status during 2005 round of defense base 
                            closure and realignment.

                      Subtitle C--Land Conveyances

Sec. 2821. Transfer of administrative jurisdiction, Defense Supply 
                            Center, Columbus, Ohio.
Sec. 2822. Land conveyance, Browning Army Reserve Center, Utah.
Sec. 2823. Land exchange, Arlington County, Virginia.
Sec. 2824. Land conveyance, Hampton, Virginia.
Sec. 2825. Land conveyance, Seattle, Washington.
Sec. 2826. Transfer of jurisdiction, Nebraska Avenue Naval Complex, 
                            District of Columbia.
Sec. 2827. Land conveyance, Honolulu, Hawaii.
Sec. 2828. Land conveyance, Portsmouth, Virginia.
Sec. 2829. Land conveyance, former Griffiss Air Force Base, New York.
Sec. 2830. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2831. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2832. Land conveyance, March Air Force Base, California.
Sec. 2833. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2834. Land conveyance, Naval Weapons Station, Charleston, South 
                            Carolina.
Sec. 2835. Land conveyance, Louisiana Army Ammunition Plant, Doyline, 
                            Louisiana.
Sec. 2836. Modification of authority for land conveyance, equipment and 
                            storage yard, Charleston, South Carolina.

                       Subtitle D--Other Matters

Sec. 2841. Department of Defense Follow-On Laboratory Revitalization 
                            Demonstration Program.
Sec. 2842. Jurisdiction and utilization of former public domain lands, 
                            Umatilla Chemical Depot, Oregon.
Sec. 2843. Development of heritage center for the National Museum of 
                            the United States Army.
Sec. 2844. Authority to settle claim of Oakland Base Reuse Authority 
                            and Redevelopment Agency of the City of 
                            Oakland, California.
Sec. 2845. Comptroller general report on closure of Department of 
                            Defense Dependent Elementary and Secondary 
                            Schools and commissary stores.

                  TITLE XXIX--MARITIME ADMINISTRATION

Sec. 2901. Modification of priority afforded applications for national 
                            defense tank vessel construction 
                            assistance.

 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. Limitation on availability of funds for Modern Pit Facility.
Sec. 3112. Limitation on availability of funds for Advanced Nuclear 
                            Weapons Concepts Initiative.
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. National Academy of Sciences study.
Sec. 3118. Annual report on expenditures for safeguards and security.
Sec. 3119. Authority to consolidate counterintelligence offices of 
                            Department of Energy and National Nuclear 
                            Security Administration within National 
                            Nuclear Security Administration.
Sec. 3120. Treatment of waste material.
Sec. 3121. Local stakeholder organizations for Department of Energy 
                            environmental management 2006 closure 
                            sites.
Sec. 3122. Report on maintenance of retirement benefits for certain 
                            workers at 2006 closure sites after closure 
                            of sites.
Sec. 3123. Report on Efforts of National Nuclear Security 
                            Administration to understand plutonium 
                            aging.

                   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.

                       Subtitle D--Other Matters

Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Two-year extension of authority for appointment of certain 
                            scientific, engineering, and technical 
                            personnel.
Sec. 3143. Enhancement of Energy Employees Occupational Illness 
                            Compensation Program authorities.
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. Compensation of Pajarito Plateau, New Mexico, homesteaders 
                            for acquisition of lands for Manhattan 
                            Project in World War II.

 Subtitle E--Energy Employees Occupational Illness Compensation Program

Sec. 3161. Coverage of individuals employed at atomic weapons employer 
                            facilities during periods of residual 
                            contamination.
Sec. 3162. Update of report on residual contamination of facilities.
Sec. 3163. Workers compensation.
Sec. 3164. Termination of effect of other enhancements of Energy 
                            Employees Occupational Illness Compensation 
                            Program.
Sec. 3165. Sense of Senate on resource center for energy employees 
                            under Energy Employee Occupational Illness 
                            Compensation Program in Western New York 
                            and Western Pennsylvania region.
Sec. 3166. Review by Congress of individuals designated by President as 
                            members of cohort.
Sec. 3167. Inclusion of certain former nuclear weapons program workers 
                            in special exposure cohort under the Energy 
                            Employees Occupational Illness Compensation 
                            Program.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Disposal of ferromanganese.
Sec. 3302. Revisions to required receipt objectives for certain 
                            previously authorized disposals from the 
                            National Defense Stockpile.
Sec. 3303. Prohibition on storage of mercury at certain facilities.

           TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT

Sec. 3401. Short Title.
Sec. 3402. Findings.
Sec. 3403. Definition of hate crime.
Sec. 3404. Support for criminal investigations and prosecutions by 
                            State and local law enforcement officials.
Sec. 3405. Grant Program.
Sec. 3406. Authorization for additional personnel to assist State and 
                            local law enforcement.
Sec. 3407. Prohibition of certain hate crime acts.
Sec. 3408. Duties of Federal Sentencing Commission.
Sec. 3409. Statistics.
Sec. 3410. Severability.

                 TITLE XXXV--ASSISTANCE TO FIREFIGHTERS

Sec. 3501. Short title.
Sec. 3502. Authority of Secretary of Homeland Security for Firefighter 
                            Assistance Program.
Sec. 3503. Grants to volunteer emergency medical service organizations.
Sec. 3504. Grants for automated external defibrillator devices.
Sec. 3505. Criteria for reviewing grant applications.
Sec. 3506. Financial assistance for firefighter safety programs.
Sec. 3507. Assistance for applications.
Sec. 3508. Reduced requirements for matching funds.
Sec. 3509. Grant recipient limitations.
Sec. 3510. Other considerations.
Sec. 3511. Reports to congress.
Sec. 3512. Technical corrections.
Sec. 3513. Authorization of appropriations.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

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

SEC. 102. NAVY AND MARINE CORPS.

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

SEC. 103. AIR FORCE.

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

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

                       Subtitle B--Army Programs

SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM.

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

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

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

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

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

                       Subtitle C--Navy Programs

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

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

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

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

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

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

                     Subtitle D--Air Force Programs

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

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

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

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

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

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

                       Subtitle E--Other Matters

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

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

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

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

          TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

              Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE.

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

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

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

SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.

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

SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.

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

SEC. 216. JOINT EXPERIMENTATION.

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

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

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

SEC. 218. NEUROTOXIN MITIGATION RESEARCH.

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

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

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

SEC. 220. ADVANCED FERRITE ANTENNA.

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

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

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

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

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

                 Subtitle C--Ballistic Missile Defense

SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

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

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

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

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

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

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

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

                       Subtitle D--Other Matters

SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY INSERTION.

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

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

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

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

SEC. 302. WORKING CAPITAL FUNDS.

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

SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

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

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

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 311. COMMANDER'S EMERGENCY RESPONSE PROGRAM.

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

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

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

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

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

                  Subtitle C--Environmental Provisions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

             Subtitle D--Depot-Level Maintenance and Repair

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

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

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

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

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

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

             Subtitle E--Extensions of Program Authorities

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

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

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

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

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

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

                Subtitle F--Defense Dependents Education

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

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

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

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

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

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

                       Subtitle G--Other Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

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

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

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

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

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

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

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

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

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

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

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

              Subtitle C--Authorizations of Appropriations

SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

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

SEC. 422. ARMED FORCES RETIREMENT HOME.

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

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Joint Officer Personnel Management

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

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

SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS.

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

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

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

SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS.

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

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

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

SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT DUTY.

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

               Subtitle B--Other Officer Personnel Policy

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

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

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

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

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

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

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

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

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

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

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

             Subtitle C--Reserve Component Personnel Policy

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

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

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

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

                   Subtitle D--Education and Training

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

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

SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAMPUS.

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

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

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

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

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

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

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

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

           Subtitle E--Decorations, Awards, and Commendations

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

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

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

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

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

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

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

                      Subtitle F--Military Justice

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                       Subtitle H--Other Matters

SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED SKILLS.

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

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

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

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

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

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

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

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

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

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

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

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

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

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

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

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

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

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

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

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

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

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

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

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

SEC. 616. ASSIGNMENT INCENTIVE PAY.

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

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

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

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

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

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

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

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

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

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

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

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

            Subtitle C--Travel and Transportation Allowances

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

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

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

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

             Subtitle D--Retired Pay and Survivor Benefits

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

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

SEC. 642. DEATH BENEFITS ENHANCEMENT.

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

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

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

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

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

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

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

                       Subtitle E--Other Matters

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

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

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

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

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

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

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

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

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

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

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

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

                         TITLE VII--HEALTH CARE

               Subtitle A--Enhanced Benefits for Reserves

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

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

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

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

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

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

SEC. 704. PROTECTION OF DEPENDENTS FROM BALANCE BILLING.

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

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

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

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

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

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

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

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

                       Subtitle B--Other Matters

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

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

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

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

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

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

SEC. 714. SERVICES OF MARRIAGE AND FAMILY THERAPISTS.

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

SEC. 715. CHIROPRACTIC HEALTH CARE BENEFITS ADVISORY COMMITTEE.

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

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

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

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

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

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

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

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

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

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

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

SEC. 720. VACCINE HEALTHCARE CENTERS NETWORK.

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

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

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

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

             Subtitle A--Acquisition Policy and Management

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

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

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

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

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

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

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

SEC. 804. DEFENSE COMMERCIAL SATELLITE SERVICES PROCUREMENT PROCESS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

        Subtitle C--Extensions of Temporary Program Authorities

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

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

SEC. 822. EXTENSION OF MENTOR-PROTEGE PROGRAM.

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

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

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

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

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

                  Subtitle D--Industrial Base Matters

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

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

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

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

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

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

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

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

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

         Subtitle E--Defense Acquisition and Support Workforce

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

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

SEC. 842. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.

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

                Subtitle F--Public-Private Competitions

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

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

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

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

SEC. 853. COMPETITIVE SOURCING REPORTING REQUIREMENT.

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

                       Subtitle G--Other Matters

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

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

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

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

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

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

SEC. 864. MANAGEMENT PLAN FOR CONTRACTOR SECURITY PERSONNEL.

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

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

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

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

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

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

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

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

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

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

SEC. 869. ENERGY SAVINGS PERFORMANCE CONTRACTS.

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

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

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

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

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

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                     Subtitle A--Reserve Components

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

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

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

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

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

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

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

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

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

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

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

SEC. 905. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE.

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

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

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

``116. Homeland security activities.''.

                       Subtitle B--Other Matters

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

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

SEC. 912. DIRECTORS OF SMALL BUSINESS PROGRAMS.

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

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

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

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

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

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

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

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

SEC. 914. UNITED STATES MILITARY CANCER INSTITUTE.

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

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

SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.

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

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

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

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

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

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

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

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

SEC. 1004. DEFENSE BUSINESS SYSTEMS INVESTMENT MANAGEMENT.

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

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

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

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

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

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

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

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

                Subtitle B--Naval Vessels and Shipyards

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

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

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

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

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

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

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

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

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

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

                          Subtitle C--Reports

SEC. 1021. REPORT ON CONTRACTOR SECURITY IN IRAQ.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                 Subtitle D--Matters Relating to Space

SEC. 1031. SPACE POSTURE REVIEW.

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

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

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

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

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

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

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

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

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

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

                 Subtitle E--Defense Against Terrorism

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

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

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

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

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

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

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

             Subtitle F--Matters Relating to Other Nations

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

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

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

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

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

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

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

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

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

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

SEC. 1055. COMPENSATION FOR FORMER PRISONERS OF WAR.

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

SEC. 1056. DRUG ERADICATION EFFORTS IN AFGHANISTAN.

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

SEC. 1057. HUMANE TREATMENT OF DETAINEES.

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 1059C. TREATMENT OF FOREIGN PRISONERS.

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

                       Subtitle G--Other Matters

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

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

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

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

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

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

SEC. 1064. LICENSING OF INTELLECTUAL PROPERTY.

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

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

SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRATION PROJECT.

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

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

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

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

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

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

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

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

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

SEC. 1070. MISSILE DEFENSE COOPERATION.

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

SEC. 1071. POLICY ON NONPROLIFERATION OF BALLISTIC MISSILES.

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

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

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

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

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

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

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

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

            (2) by inserting the following:

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

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

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

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

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

SEC. 1076. AERIAL FIREFIGHTING EQUIPMENT.

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

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

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

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

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

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

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

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

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

SEC. 1081. CONTRACTOR ACCOUNTABILITY.

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

SEC. 1082. DEFINITION OF UNITED STATES.

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

SEC. 1083. MENTOR-PROTEGE PILOT PROGRAM.

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

SEC. 1084. BROADCAST DECENCY ENFORCEMENT ACT OF 2004.

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

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

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

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

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

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

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

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

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

SEC. 1088. SEPARABILITY.

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

SEC. 1089. EFFECTIVE DATE.

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

SEC. 1090. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.

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

SEC. 1091. ENERGY SAVINGS PERFORMANCE CONTRACTS.

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

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

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

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

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

       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

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

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

SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 1202. FUNDING ALLOCATIONS.

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

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

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

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

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

     TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE

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

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

SEC. 1302. MEDICAL READINESS OF RESERVES.

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

SEC. 1303. BASELINE HEALTH DATA COLLECTION PROGRAM.

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

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

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

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

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

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

SEC. 1306. ENVIRONMENTAL HAZARDS.

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

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

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

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

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

SEC. 1309. OTHER MATTERS.

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

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

SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS.

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

            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.

    (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 and locations inside the 
United States, and in the amounts, set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
                                    Installation or
             State                      location             Amount
------------------------------------------------------------------------
Alabama........................  Anniston Army Depot..       $23,690,000
                                 Fort Rucker..........       $16,500,000
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....       $13,600,000
Colorado.......................  Fort Carson..........       $63,158,000
Georgia........................  Fort Benning.........       $71,777,000
                                 Fort Gillem..........        $5,800,000
                                 Fort McPherson.......        $4,900,000
                                 Fort Stewart/Hunter         $65,495,000
                                  Army Air Field......
Hawaii.........................  Helemano Military           $75,300,000
                                  Reservation.
                                 Hickam Air Field.....       $11,200,000
                                 Pohakuloa Training          $40,000,000
                                  Area.
                                 Schofield Barracks...      $162,792,000
                                 Wheeler Army Air            $24,000,000
                                  Field.
Kansas.........................  Fort Riley...........       $59,550,000
Kentucky.......................  Fort Campbell........       $92,000,000
                                 Fort Knox............       $75,750,000
Louisiana......................  Fort Polk............       $70,953,000
Maryland.......................  Aberdeen Proving            $13,000,000
                                  Ground.
Missouri.......................  Fort Leonard Wood....       $28,150,000
New Mexico.....................  White Sands Missile         $33,000,000
                                  Range.
New York.......................  Fort Drum............        $7,950,000
                                 Fort Hamilton........        $7,600,000
                                 Military Entrance            $6,200,000
                                  Processing Station,
                                  Buffalo.
                                 United States               $60,000,000
                                  Military Academy,
                                  West Point.
North Carolina.................  Fort Bragg...........      $101,687,000
Oklahoma.......................  Fort Sill............       $14,400,000
Pennsylvania...................  Letterkenny Depot....       $11,400,000
Texas..........................  Fort Bliss...........       $20,100,000
                                 Fort Hood............       $78,088,000
                                 Fort Sam Houston.....       $11,400,000
Virginia.......................  Fort A.P. Hill.......       $14,775,000
                                 Fort Myer............       $49,526,000
Washington.....................  Fort Lewis...........       $57,200,000
                                                       -----------------
                                     Total............    $1,563,800,000
------------------------------------------------------------------------

    (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 and locations outside the 
United States, and in the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      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 or Country                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 Grounds.......  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) 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 the Army in the total amount of $3,507,891,000, as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $1,534,500,000.
            (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, $154,335,000.
            (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), $928,907,000.
            (6) For the construction of phase 3 of a barracks complex 
        renewal, Capron Road, Schofield Barracks, Hawaii, 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), $48,000,000.
            (7) 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), as 
        amended by section 2106 of this Act, $13,100,000.
            (8) For the construction of phase 2 of a barracks complex, 
        5th and 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), as amended by section 
        2105 of this Act, $32,950,000.
            (9) For the construction of phase 2 of the Lewis and Clark 
        instructional facility, at Fort Leavenworth, Kansas, 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), $44,000,000.
            (10) For the construction of phase 2 of a barracks complex 
        at Wheeler Sack Army Air Field, 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), as amended by section 2105 of this Act, 
        $48,000,000.
            (11) For the construction of phase 2 of a barracks complex, 
        Bastogne Drive, at 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.
    (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--
            (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) for an upgrade to Drum Road at the Helemano 
        Military Reservation, Hawaii);
            (3) $25,000,000 (the balance of the amount authorized under 
        section 2101(a) to construct a vehicle maintenance facility at 
        Schofield Barracks, Hawaii);
            (4) $25,000,000 (the balance of the amount authorized under 
        section 2101(a) for construction of a barracks complex, 42nd 
        Street and Indiana Avenue, at Fort Campbell, Kentucky);
            (5) $22,000,000 (the balance of the amount authorized under 
        section 2101(a) for the construction of a basic combat training 
        complex at Fort Knox, Kentucky);
            (6) $31,000,000 (the balance of the amount authorized under 
        section 2101(a) for construction of a barracks complex, 
        Blackjack Street, Fort Bragg, North Carolina); and
            (7) $25,500,000 (the balance of the amount authorized under 
        section 2101(a) for construction of a library and learning 
        center at the United States Military Academy, New York).

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2004 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, 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''.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2003 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)(2) of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B of 
Public Law 108-136; 117 Stat. 1701), 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''.

                            TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(a)(1), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations and locations inside the 
United States, and in the amounts, set forth in the following table:

                     Navy: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                      location              Amount
------------------------------------------------------------------------
Arizona........................  Marine Corps Air            $26,670,000
                                  Station, Yuma.
California.....................  Marine Corps Base,          $38,455,000
                                  Camp Pendleton.
                                 Naval Air Facility, El      $54,331,000
                                  Centro.
                                 Recruit Depot, San           $8,110,000
                                  Diego.
Connecticut....................  Naval Submarine Base,       $50,302,000
                                  New 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............
Illinois.......................  Naval Training              $74,781,000
                                  Station, Great Lakes.
Maine..........................  Naval Air Station,           $4,690,000
                                  Brunswick............
                                 Portsmouth Naval             $7,860,000
                                  Station..............
Maryland.......................  Naval Surface Warfare       $13,900,000
                                  Center, Indian Head..
Mississippi....................  Naval Construction           $4,350,000
                                  Battalion Center,
                                  Gulfport.............
Nevada.........................  Naval Air Station,           $4,980,000
                                  Fallon...............
North Carolina.................  Marine Corps Air            $35,140,000
                                  Station, New River...
                                 Marine Corps Base,          $13,420,000
                                  Camp Lejeune.........
                                 Washington County.....     $136,900,000
Rhode Island...................  Naval Station Newport.       $9,080,000
South Carolina.................  Naval Weapons Station,      $18,140,000
                                  Charleston.
Virginia.......................  Camp Elmore Marine          $13,500,000
                                  Corps Detachment.
                                 Marine Corps Base,          $46,270,000
                                  Quantico.............
                                 Naval Air Station,           $2,770,000
                                  Oceana...............
                                 Naval Amphibious Base,       $2,850,000
                                  Little Creek.
                                 Naval Station, Norfolk       $4,330,000
                                 Naval Weapons Station,       $9,870,000
                                  Yorktown.............
Washington.....................  Naval Shipyard Puget        $20,305,000
                                  Sound, Bremerton.
                                 Naval Station,              $74,125,000
                                  Bremerton.
                                 Strategic Weapons          $131,090,000
                                  Facility Pacific,
                                  Bangor...............
                                                        ----------------
                                     Total.............     $833,718,000
------------------------------------------------------------------------

    (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 locations outside the United States, and 
in the amounts, set forth in the following table:

                     Navy: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Diego Garcia...................  Naval Support Facility,     $17,500,000
                                  Diego Garcia..........
Guam...........................  Naval Station, Guam....     $33,200,000
Italy..........................  Sigonella..............     $22,550,000
                                                         ---------------
                                     Total..............     $73,250,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2204(a)(3), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations, and in the 
amount, set forth in the following table:

                       Navy: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Worldwide Unspecified..........  Unspecified Worldwide..     $52,658,000
                                                         ---------------
                                     Total..............     $52,658,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2204(a)(6)(A), the Secretary of the Navy may 
construct or acquire family housing units (including land acquisition 
and supporting facilities) at the installations or locations, for the 
purposes, and in the amounts set forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or Location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
North Carolina..........................  Marine Corps Air Station,    198 Units..................   $27,002,000
                                           Cherry Point..............
                                                                                                   -------------
                                                                           Total..................   $27,002,000
----------------------------------------------------------------------------------------------------------------

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2204(a)(6)(A), the Secretary of the Navy may improve existing 
military family housing units in an amount not to exceed $112,105,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    (a) 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 the Navy in the total amount of $1,843,716,000, as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $694,338,000.
            (2) For military construction projects outside the United 
        States authorized by section 2201(b), $73,250,000.
            (3) For military construction projects at unspecified 
        worldwide locations authorized by section 2201(c), $18,560,000.
            (4) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $12,000,000.
            (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $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), $704,504,000.
            (7) For the construction of phase 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 phase 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, $49,200,000.
            (9) For the construction of phase 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, $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--
            (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 the replacement of an aircraft parking 
        apron and hangar at Naval Air Facility El Centro, California);
            (3) $70,000,000 (the balance of the amount authorized under 
        section 2201(a) to acquire land interests for an outlying 
        landing field in Washington County, North Carolina);
            (4) $95,320,000 (the balance of the amount authorized under 
        section 2201(a) for construction of a limited area production 
        and storage complex at the Strategic Weapons Facility Pacific, 
        Bangor, Washington); and
            (5) $40,000,000 (the balance of the amount authorized under 
        section 2201(a) for the construction of a bachelor enlisted 
        quarters at Naval Station Bremerton, Washington).

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2004 PROJECTS.

    The table in section 2201(a) of the Military Construction 
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1703) is amended--
            (1) in the item relating to Various Locations, CONUS, by 
        striking ``$56,360,000'' in the amount column and inserting 
        ``$61,510,000''; and
            (2) by striking the amount identified as the total in the 
        amount column and inserting ``$1,341,022,000''.

                         TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(1), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations and locations 
inside the United States, and in the amounts, set forth in the 
following table:

                   Air Force: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                       location             Amount
------------------------------------------------------------------------
Alaska.........................  Elmendorf Air Force         $54,057,000
                                  Base.
Arizona........................  Davis-Monthan Air Force     $10,029,000
                                  Base.
                                 Luke Air Force Base....     $10,000,000
Arkansas.......................  Little Rock Air Force        $5,031,000
                                  Base.
California.....................  Beale Air Force Base...     $10,186,000
                                 Edwards Air Force Base.      $9,965,000
                                 Travis Air Force Base..     $15,244,000
Colorado.......................  Buckley Air Force Base.     $12,247,000
Delaware.......................  Dover Air Force Base...      $9,500,000
Florida........................  Patrick Air Force Base.      $8,800,000
Georgia........................  Moody Air Force Base...      $9,600,000
                                 Robins Air Force Base..     $15,000,000
Hawaii.........................  Hickam Air Force Base..     $34,400,000
                                 Maui Site..............      $7,500,000
Louisiana......................  Barksdale Air Force         $13,800,000
                                  Base.
Maryland.......................  Andrews Air Force Base.     $17,100,000
Mississippi....................  Columbus Air Force Base      $7,700,000
Montana........................  Malmstrom Air Force          $5,600,000
                                  Base.
Nebraska.......................  Offut Air Force Base...      $6,721,000
New Mexico.....................  Cannon Air Force Base..      $9,500,000
North Carolina.................  Pope Air Force Base....     $15,150,000
North Dakota...................  Minot Air Force Base...      $9,900,000
Ohio...........................  Wright-Patterson Air         $9,200,000
                                  Force Base.
Oklahoma.......................  Altus Air Force Base...     $10,500,000
                                 Tinker Air Force Base..      $8,000,000
South Carolina.................  Shaw Air Force Base....      $3,300,000
South Dakota...................  Ellsworth Air Force         $11,800,000
                                  Base.
Tennessee......................  Arnold Air Force Base..     $22,000,000
Texas..........................  Dyess Air Force Base...     $11,000,000
                                 Lackland Air Force Base      $2,596,000
                                 Sheppard Air Force Base     $50,284,000
Utah...........................  Hill Air Force Base....     $20,813,000
Wyoming........................  F.E. Warren Air Force        $5,500,000
                                  Base.
                                                         ---------------
                                 Total..................    $452,023,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(2), the 
Secretary of the Air Force may acquire real property and carry out 
military construction projects for the installations and locations 
outside the United States, and in the amounts, set forth in the 
following table:

                  Air Force: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Germany........................  Ramstein Air Base......     $25,404,000
Greenland......................  Thule Air Base.........     $19,800,000
Guam...........................  Andersen Air Base......     $19,593,000
Italy..........................  Aviano Air Base........      $6,760,000
Korea..........................  Kunsan Air Base........     $37,100,000
                                 Osan Air Base..........     $18,600,000
Portugal.......................  Lajes Field, Azores....      $5,689,000
United Kingdom.................  Royal Air Force,             $5,500,000
                                  Lakenheath.
                                                         ---------------
                                     Total..............    $138,446,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2304(3), the Secretary 
of the Air Force may acquire real property and carry out military 
construction projects for the installations and locations, and in the 
amounts, set forth in the following table:

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Worldwide Classified...........  Worldwide Unspecified       $28,794,000
                                  Classified.
Worldwide Unspecified..........  Worldwide Unspecified..     $26,121,000
                                                         ---------------
                                     Total..............     $54,915,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(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....  Family 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............  Family 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(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, Unites States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(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 Appropriation.--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 $2,485,542,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $452,023,000.
            (2) For military construction projects outside the United 
        States authorized by section 2301(b), $138,446,000.
            (3) For military construction projects at unspecified 
        worldwide locations authorized by section 2301(c), $54,915,000.
            (4) For unspecified minor 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 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), $856,114,000.
    (b) Offset for Certain Military Construction Project.--The amount 
authorized to be appropriated by section 421 for military personnel is 
hereby reduced by $5,500,000, with the amount of the reduction to be 
derived from excess amounts authorized for military personnel of the 
Air Force.

                      TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2404(a)(1), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations and locations inside the 
United States, and in the amounts, set forth in the following table:

               Defense Agencies: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      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..............
                                 Marine Corps Air            $22,700,000
                                  Station, Cherry Point,
                                  North Carolina........
                                 Naval Air Station,           $3,900,000
                                  Kingsville, Texas.....
                                 Naval Station, Pearl         $3,500,000
                                  Harbor, Hawaii........
                                 Tinker Air Force Base,       $5,400,000
                                  Oklahoma..............
                                 Travis Air Force Base,      $15,100,000
                                  California............
Missile Defense Agency.........  Huntsville, Alabama....     $19,560,000
National Security Agency.......  Fort Meade, Maryland...     $15,007,000
Special Operations Command.....  Corona, California.....     $13,600,000
                                 Fleet Combat Training        $5,700,000
                                  Center, Dam Neck,
                                  Virginia..............
                                 Fort A.P. Hill,              $1,500,000
                                  Virginia..............
                                 Fort Bragg, North           $42,888,000
                                  Carolina..............
                                 Fort Campbell, Kentucky      $3,500,000
                                 Fort Stewart/Hunter         $17,600,000
                                  Army Air Field,
                                  Georgia...............
                                 Naval Air Station,           $1,000,000
                                  North Island,
                                  California............
                                 Naval Amphibious Base,      $33,200,000
                                  Little Creek, Virginia
                                 Stennis Center,              $6,000,000
                                  Mississippi...........
Tri-Care Management Activity...  Buckley Air Force Base,      $2,100,000
                                  Colorado..............
                                 Fort Belvoir, Virginia.    $100,000,000
                                 Fort Benning, Georgia..      $7,100,000
                                 Jacksonville, Florida..     $28,438,000
                                 Langley Air Force Base,     $50,800,000
                                  Virginia..............
                                 Marine Corps Recruit        $25,000,000
                                  Depot, Parris Island,
                                  South Carolina........
                                                         ---------------
                                     Total..............    $465,582,000
------------------------------------------------------------------------

    (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 and locations outside the 
United States, and in the amounts, set forth in the following table:

               Defense Agencies: Outside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Education Agency.......  Grafenwoehr, Germany...     $36,247,000
                                 Vilseck, Germany.......      $9,011,000
                                 Naval Station, Guam....     $26,964,000
Defense Logistics Agency.......  Defense Fuel Support        $19,113,000
                                  Point, Lajes Field,
                                  Portugal..............
Special Operations Command.....  Naval Station, Guam,         $2,200,000
                                  Marianas Islands......
Tri-Care 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 and locations, and in the 
amounts, set forth in the following table:

                 Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Worldwide Classified...........  Worldwide Unspecified        $7,400,000
                                  Classified............
Worldwide Unspecified..........  Worldwide Unspecified..      $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 $60,000,000.

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 $1,062,463,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2401(a), $408,582,000.
            (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 
        2404, $60,000,000.
            (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 a munitions 
        demilitarization facility at Pueblo Chemical 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 a munitions 
        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--
            (1) the total amount authorized to be appropriated under 
        paragraphs (1), (2), and (3) of subsection (a); and
            (2) $57,000,000 (the balance of the amount authorized under 
        section 2401(a) for the replacement of a hospital at Fort 
        Belvoir, Virginia).

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment program as provided in 
section 2806 of title 10, United States Code, in an amount not to 
exceed the sum of the amount authorized to be appropriated for this 
purpose in section 2502 and the amount collected from the North 
Atlantic Treaty Organization as a result of construction previously 
financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2004, for contributions by the Secretary 
of Defense under section 2806 of title 10, United States Code, for the 
share of the United States of the cost of projects for the North 
Atlantic Treaty Organization Security Investment program authorized by 
section 2501, in the amount of $165,800,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    There are 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, $361,072,000; and
                    (B) for the Army Reserve, $63,047,000.
            (2) For the Department of the Navy, for the Naval and 
        Marine Corps Reserve, $25,285,000.
            (3) For the Department of the Air Force--
                    (A) for the Air National Guard of the United 
                States, $214,418,000; and
                    (B) for the Air Force Reserve, $99,206,000.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
              SPECIFIED BY LAW.

    (a) Expiration of Authorizations After Three Years.--Except as 
provided in subsection (b), all authorizations contained in titles XXI 
through XXVI for military construction projects, land acquisition, 
family housing projects and facilities, and contributions to the North 
Atlantic Treaty Organization Security Investment program (and 
authorizations of appropriations therefor) shall expire on the later 
of--
            (1) October 1, 2007; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2008.
    (b) Exception.--Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment program (and authorizations of 
appropriations therefor) for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2007; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2008 for military construction projects, land 
        acquisition, family housing projects and facilities, and 
        contributions to the North Atlantic Treaty Organization 
        Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002 
              PROJECTS.

    (a) Extension of Certain Projects.--Notwithstanding section 2701 of 
the National Defense Authorization Act for Fiscal Year 2001 (division B 
of Public Law 107-107; 115 Stat. 1301), authorizations set forth in the 
tables in subsection (b), as provided in section 2101 or 2302 of that 
Act, shall remain in effect until October 1, 2005, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2006, whichever is later.
    (b) Tables.--The tables referred to in subsection (a) are as 
follows:

                                 Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................  Fort Wainwright..........  Power Plant Cooling Tower....     $23,000,000
Hawaii................................  Pohakuloa Training Area..  Parker Ranch Land Acquisition      $1,500,000
----------------------------------------------------------------------------------------------------------------

                               Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Colorado..............................  Buckley Air Force Base...  Construct Family Housing (55      $11,400,000
                                                                    Units)......................
Louisiana.............................  Barksdale Air Force Base.  Replace Family Housing (56         $7,300,000
                                                                    Units)......................
----------------------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2001 
              PROJECT.

    (a) Extension.--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 table in subsection (b), as provided in 
section 2102 of that Act and 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) Table.--The table referred to in subsection (a) is as follows:

                                  Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................  Fort Jackson.............  New Construction-Family              $250,000
                                                                    Housing (1 Unit)............
----------------------------------------------------------------------------------------------------------------

SEC. 2704. EFFECTIVE DATE.

    Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take 
effect on the later of--
            (1) October 1, 2004; or
            (2) the date of the enactment of this Act.

                    TITLE XXVIII--GENERAL PROVISIONS

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

SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY 
              CONSTRUCTION PROJECTS.

    (a) Increase.--Section 2805(a)(1) of title 10, United States Code, 
is amended--
            (1) by striking ``$1,500,000'' and inserting 
        ``$2,500,000''; and
            (2) by striking ``$3,000,000'' and inserting 
        ``$4,000,000''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2004.

SEC. 2802. 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) 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 such project''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2004.

SEC. 2803. 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) The report on a proposed contract, conveyance, or lease under 
paragraph (1) 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 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--
                    ``(A) an estimate of the amounts of basic allowance 
                for housing under section 403 of title 37 that will be 
                paid during the fiscal year in which the budget is 
                submitted to members of the armed forces living in 
                housing provided under the authorities in this 
                subchapter during such fiscal year, set forth by armed 
                force; and
                    ``(B) an estimate of the amounts of basic allowance 
                for housing that will be paid during the fiscal year 
                for which the budget is submitted to members of the 
                armed forces living in such housing during such fiscal 
                year, set forth by armed force.''.

SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTERNATIVE AUTHORITY FOR 
              ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.

    (a) Requirements for Contracts for Leasing of Housing.--Section 
2874 of title 10, United States Code, is amended by striking subsection 
(b) and inserting the following new subsection (b):
    ``(b) Contract Terms.--Any contract for the lease of housing units 
under subsection (a) shall include the following provisions:
            ``(1) That the obligation of the United States to make 
        payments under such contract in any fiscal year shall be 
        subject to appropriations being available for such fiscal year 
        and specifically for the project covered by such contract.
            ``(2) A commitment to obligate the necessary amount for a 
        fiscal year covered by such contract when and to the extent 
        that funds are appropriated for the project covered by such 
        contract.
            ``(3) That the commitment described in paragraph (2) does 
        not constitute an obligation of the United States.''.
    (b) Investments Subject to Availability of Appropriations.--Section 
2875(a) of such title is amended by inserting ``, subject to the 
availability of appropriations for such purpose,'' after ``may''.
    (c) Repeal of Certain Authorities.--
            (1) Rental guarantees.--Section 2876 of such title is 
        repealed.
            (2) Differential lease payments.--Section 2877 of such 
        title is repealed.
            (3) Assignment of members of the armed forces to housing 
        units.--Section 2882 of such title is repealed.
    (d) Increase in Amount of Budget Authority for Military Family 
Housing.--Section 2883(g)(1) of such title is amended by striking 
``$850,000,000'' and inserting ``$850,000,001''.
    (e) Clerical Amendments.--The table of sections at the beginning of 
subchapter IV of chapter 169 of such title is amended by striking the 
items relating to sections 2876, 2877, and 2882.

        Subtitle B--Real Property and Facilities Administration

SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CERTAIN AUTHORITIES AND 
              LIMITATIONS RELATING TO REAL PROPERTY ADMINISTRATION.

    (a) Certain Provisions on Land Acquisition.--
            (1) Recodification.--Section 2661 of title 10, United 
        States Code, is amended by adding at the end the following new 
        subsections:
    ``(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 2 percent of the 
purchase price.
    ``(d) Availability of Funds for Acquisition of Certain Interests in 
Lands.--Appropriations available to the Department of Defense for 
operation and maintenance or construction may be used for the 
following:
            ``(1) The acquisition of land or interests in land under 
        section 2672 of this title.
            ``(2) The acquisition of interests in land under section 
        2675 of this title.''.
            (2) Stylistic amendments.--Such section is further 
        amended--
                    (A) in subsection (a), by inserting ``Availability 
                of Funds for Repair of Facilities and for Installation 
                of Equipment.--'' after ``(a)''; and
                    (B) in subsection (b), by inserting ``Leases; 
                Defense Access Roads.--'' after ``(b)''.
    (b) Certain Provisions on Use of Facilities.--Section 2679 of such 
title is amended to read as follows:
``Sec. 2679. Use of facilities: use by private organizations; use as 
              polling places
    ``(a) 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) 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 the National Defense Authorization Act for Fiscal Year 
2005), that are in effect on January 1, 1958, shall remain in effect 
until changed by joint action of the Secretary concerned and the 
Secretary of Veterans Affairs.
    ``(4) This subsection does not authorize the violation of measures 
of military security.
    ``(b) Licenses to American National Red Cross for Erection and Use 
of Buildings.--(1) Under such conditions as the Secretary concerned may 
prescribe, such Secretary may issue a revocable license to the American 
National Red Cross to--
            ``(A) erect and maintain, on any military installation 
        under the jurisdiction of such Secretary, buildings for the 
        storage of supplies; or
            ``(B) use, for the storage of supplies, buildings erected 
        by the United States.
    ``(2) Supplies stored in buildings erected or used under this 
subsection are available to aid the civilian population in a serious 
national disaster.
    ``(c) Use of Certain Facilities as Polling Places.--(1) 
Notwithstanding chapter 29 of title 18 (including sections 592 and 593 
of such title) or any other provision of law, the Secretary of Defense 
or Secretary of a military department may not (except as provided in 
paragraph (3)) prohibit the designation or use of a qualifying facility 
under the jurisdiction of such Secretary as an official polling place 
for Federal, State, or local elections.
    ``(2) A Department of Defense facility is a qualifying facility for 
purposes of this subsection if as of December 31, 2000--
            ``(A) the facility is designated as an official polling 
        place by a State or local election official; or
            ``(B) the facility has been used as such an official 
        polling place since January 1, 1996.
    ``(3) The limitation in paragraph (1) may be waived by the 
Secretary of Defense or the Secretary of a military department with 
respect to a particular Department of Defense facility if such 
Secretary determines that local security conditions require prohibition 
of the designation or use of that facility as an official polling place 
for any election.''.
    (c) Repeal of Superseded Provisions.--Sections 2666, 2670, and 2673 
of such title are repealed.
    (d) Clerical Amendments.--The table of sections for chapter 159 of 
such title is amended--
            (1) by striking the items relating to sections 2666, 2670, 
        and 2673; and
            (2) by striking the item relating to section 2679 and 
        inserting the following new item:

``Sec. 2679. Use of facilities: use by private organizations; use as 
                            polling places.''.

SEC. 2812. MODIFICATION AND ENHANCEMENT OF AUTHORITIES ON FACILITIES 
              FOR RESERVE COMPONENTS.

    (a) Interests in Land.--
            (1) Definition of term.--Section 18232 of title 10, United 
        States Code, is amended--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (1) the following 
                new paragraphs:
            ``(2) The term `facility' includes any armory, readiness 
        center, building, structure, or other improvement of real 
        property needed for the administration and training of any unit 
        of the reserve components of the armed forces.
            ``(3) The term `interest in land' includes a fee title, 
        lease, easement, license, permit, or agreement on use of a 
        parcel of real property needed for the administration and 
        training of any unit of the reserve components of the armed 
        forces.''.
            (2) Utilization of term.--(A) Section 18231(1) of such 
        title is amended by inserting before the semicolon the 
        following: ``, and the acquisition of interests in land for 
        such purposes''.
            (B) Section 18233 of such title is amended--
                    (i) in subsection (a), by inserting ``or interests 
                in land'' after ``facilities'' each place it appears; 
                and
                    (ii) in subsection (f)(2), by striking ``real 
                property'' and inserting ``interests in land''.
            (C) Section 18233a(a)(1) of such title is amended by 
        inserting ``or interest in land'' after ``facility''.
    (b) Modification and Enhancement of Acquisition Authority.--Section 
18233 of such title is further amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``and to'' and inserting ``chapters 159 and 
                169 of this title, and''; and
                    (B) in paragraph (1), by striking ``transfer,'' and 
                inserting ``transfer from a military department, 
                another department or agency of the Federal Government, 
                or a State agency,''; and
            (2) in subsection (f)(2), by striking ``exchange of 
        Government-owned land, or otherwise'' and inserting ``or 
        exchange of Government-owned land''.
    (c) Authority To Carry Out Small Projects.--
            (1) Modification of limitation on authority.--Section 
        18233a(a) of such title is further amended--
                    (A) in paragraph (1), by striking ``$1,500,000'' 
                and inserting ``$750,000''; and
                    (B) in paragraph (2), by adding at the end the 
                following new subparagraph:
            ``(D) A repair project (as that term is defined in section 
        2811(e) of this title) costing less than $10,000,000.''.
            (2) Recodification of authority to carry out with operation 
        and maintenance funds.--Chapter 1803 of title 10, United States 
        Code, 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 spend, from appropriations available for operation 
and maintenance, amounts necessary to carry out any project authorized 
under section 18233(a) of this title costing 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.''.
            (3) Repeal of superseded authority.--Section 18233a of such 
        title is amended by striking subsection (b).
            (4) Conforming amendments.--Section 18233a of such title is 
        further amended--
                    (A) by striking ``(1) Except as provided in 
                paragraph (2)'' and inserting ``Except as provided in 
                subsection (b)''; and
                    (B) by redesignating paragraph (2) as subsection 
                (b) and in that subsection, as so redesignated--
                            (i) by striking ``Paragraph (1)'' and 
                        inserting ``Subsection (a)'';
                            (ii) by redesignating subparagraphs (A), 
                        (B), (C), and (D) as paragraphs (1), (2), (3), 
                        and (4), respectively; and
                            (iii) in paragraph (2), as so 
                        redesignated--
                                    (I) by redesignating clauses (i) 
                                and (ii) as subparagraphs (A) and (B), 
                                respectively; and
                                    (II) in subparagraph (B), as so 
                                redesignated, by striking ``(I) 25 
                                percent, or (II)'' and inserting ``(i) 
                                25 percent, or (ii)''.
            (5) Clerical amendments.--(A) The heading of section 18233a 
        of such title is amended to read as follows:
``Sec. 18233a. Limitation on certain projects''.
            (B) 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. Limitation on certain projects.
``18233b. Authority to carry out small projects with operation and 
                            maintenance funds.''.

SEC. 2813. AUTHORITY TO EXCHANGE OR SELL RESERVE COMPONENT FACILITIES 
              AND LANDS TO OBTAIN NEW RESERVE COMPONENT FACILITIES AND 
              LANDS.

    (a) In General.--The Secretary of Defense may authorize each 
Secretary of a military department to carry out projects to assess the 
feasibility and advisability of obtaining new facilities and lands for 
the reserve components of such department through the exchange or sale 
of existing facilities or lands of such reserve components.
    (b) Transactions Authorized.--Pursuant to the authority under 
subsection (a), the Secretary of a military department may carry out 
any transaction as follows:
            (1) An exchange of an existing facility or existing 
        interest in land of a reserve component of such department for 
        a new facility, an interest in land, or an addition to an 
        existing facility for the reserve component.
            (2) A sale of an existing facility or existing interest in 
        land of a reserve component of such department with the 
        proceeds of sale used to acquire a new facility, an interest in 
        land, or an addition to an existing facility for the reserve 
        component.
            (3) A combination of an exchange and sale of an existing 
        facility, interest in land, or both of a reserve component of 
        such department with the use of the exchange allowance and 
        proceeds of sale to acquire a facility, an interest in land, or 
        an addition to an existing facility for the reserve component.
    (c) Facilities and Lands Subject to Transaction.--A facility or 
interest in land of a reserve component that may be exchanged or sold 
pursuant to the authority under subsection (a) is any facility or 
interest in land under the control of the military department concerned 
that is not excess property, as that term is defined in section 102(3) 
of title 40, United States Code.
    (d) Fair Market Value To Be Obtained in Transaction.--In any 
exchange or sale of an existing facility pursuant to the authority 
under subsection (a), the United States shall receive cash, a 
replacement facility or addition to an existing facility, an interest 
in land, or a combination thereof of in an amount not less than the 
fair market value of the existing facility, as determined by the 
Secretary of the military department concerned.
    (e) Requirements for Replacement Facilities.--(1) A facility 
obtained as a replacement facility for an existing facility, or as an 
addition to an existing facility, pursuant to the authority under 
subsection (a) shall, as determined by the Secretary of the military 
department concerned--
            (A) be complete and usable, fully functional, and ready for 
        occupancy, and satisfy fully all operational requirements of 
        the existing facility; and
            (B) meet all applicable Federal, State, and local 
        requirements relating to health, safety, fire, and the 
        environment.
    (2) A facility obtained as a replacement facility for an existing 
facility, or as an addition to an existing facility, pursuant to the 
authority under subsection (a) shall meet the requirements specified in 
subparagraphs (A) and (B) of paragraph (1) before the conclusion of the 
exchange or sale of the existing facility concerned.
    (f) Agreement Required.--The Secretary of a military department 
shall carry out each transaction pursuant to the authority under 
subsection (a) through an agreement for that purpose entered into by 
such Secretary and the person or entity carrying out the transaction.
    (g) Selection Among Competing Participants.--(1) If more than one 
person or entity notifies the Secretary of a military department of an 
interest in carrying out a transaction pursuant to the authority under 
subsection (a), the Secretary shall, except as provided in paragraph 
(2), select the person or entity to carry out the transaction through 
the use of competitive procedures.
    (2) The Secretary of a military department may use procedures other 
than competitive procedures to select among persons and entities to 
carry out a transaction pursuant to the authority under subsection (a), 
but only in accordance with subsections (c) through (f) of section 2304 
of title 10, United States Code.
    (h) Notice and Wait Requirement.--(1) The Secretary of a military 
department may not enter into an agreement pursuant to the authority 
under subsection (a) until 30 days after the date on which such 
Secretary submits to the congressional defense committees a report on 
the agreement.
    (2) A report on an agreement under paragraph (1) shall include the 
following:
            (A) A description of terms of the agreement, including a 
        description of any funds to be received by the United States 
        under the agreement and the proposed use of such funds.
            (B) A description of the existing facility, interest in 
        land, or both of a reserve component covered by the agreement, 
        including the fair market value of such facility, interest in 
        land, or both and the method of determination of such fair 
        market value.
            (C) Data on the facility or addition to an existing 
        facility, if any, to be received by the United States under the 
        agreement, which data shall meet requirements for data to be 
        provided Congress for military construction projects to obtain 
        a similar facility or addition to an existing facility.
            (D) A certification that the existing facility, interest in 
        land, or both of a reserve component covered by the agreement 
        is not required by another military department.
    (3) Section 2662 of title 10, United States Code, shall not apply 
to any transaction carried out pursuant to the authority under 
subsection (a).
    (i) Treatment of Funds Received in Transactions.--(1) The Secretary 
of a military department shall deposit in a special account in the 
Treasury established for such purpose pursuant to section 572(b) of 
title 40, United States Code, any amounts received pursuant to an 
agreement entered into by such Secretary pursuant to the authority 
under subsection (a).
    (2) Amounts deposited by the Secretary of a military department 
under paragraph (1) in the account established by such Secretary under 
that paragraph with respect to an agreement shall be available to such 
Secretary, without further appropriation, as follows:
            (A) For the construction or acquisition of facilities, or 
        of additions to existing facilities, for the reserve component 
        concerned at the location to which such agreement applies.
            (B) To the extent that such amounts are not required for 
        purposes of subparagraph (A), for maintenance, protection, 
        alteration, repair, improvement, or restoration (including 
        environmental restoration) of facilities or property of the 
        reserve component concerned at the location to which such 
        agreement applies.
    (3) Amounts available under paragraph (2) shall remain available 
until expended.
    (j) Sole Authority for Exchanges of Facilities and Lands.--Except 
as otherwise specifically authorized by law, during the period of the 
authority under subsection (a), the authority under that subsection to 
exchange facilities or interests in land of the reserve components to 
obtain facilities, interests in land, or additions to facilities for 
the reserve components is the sole authority available in law for that 
purpose.
    (k) Construction With Other Military Construction Laws.--
Transactions pursuant to the authority under subsection (a) shall not 
be treated as military construction projects requiring an authorization 
in law as otherwise required by section 2802 of title 10, United States 
Code.
    (l) Report.--Not later than March 1, 2007, the Secretary of Defense 
shall submit to the congressional defense committees a report on the 
exercise of the authority under subsection (a). The report shall 
include the following:
            (1) A description of the projects carried out under the 
        authority.
            (2) A description of the analysis and criteria used to 
        identify existing facilities and interests in land to be 
        exchanged or sold under the authority.
            (3) 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.
            (4) An assessment of interest in future exchanges or sales 
        in the event the authority is extended.
            (5) An assessment of the advisability of making the 
        authority, including any modifications of the authority 
        recommended under paragraph (3), permanent.
    (m) Definitions.--In this section:
            (1) The term ``facility'' includes an armory, readiness 
        center, or other structure, and storage or other facilities, 
        normally needed for the administration and training of a unit 
        of a reserve component.
            (2) The terms ``armory'' and ``readiness center'' have the 
        meanings given such terms in section 18232(3) of title 10, 
        United States Code.
    (n) Expiration Date.--No transaction may be commenced pursuant to 
the authority under subsection (a) after September 30, 2006.

SEC. 2814. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO RECOMMEND 
              THAT INSTALLATIONS BE PLACED IN INACTIVE STATUS DURING 
              2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

    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).

                      Subtitle C--Land Conveyances

SEC. 2821. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE SUPPLY 
              CENTER, COLUMBUS, OHIO.

    (a) Transfer Authorized.--The Secretary of the Army may transfer, 
without reimbursement, to the Secretary of Veterans Affairs 
administrative jurisdiction of 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 at any time the Secretary 
of the Army determines that the property transferred under subsection 
(a) is not being utilized for the outpatient clinic described in 
subsection (b), then, at the election of the Secretary of the Army, the 
Secretary of Veterans Affairs shall return to the Secretary of the Army 
administrative jurisdiction of the property.
    (e) Exemption From Federal Screening.--The conveyance under 
subsection (a) is exempt from the requirement to screen the property 
for other Federal use pursuant to section 2693 of title 10, United 
States Code.
    (f) 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.
    (g) Additional Terms and Conditions.--The Secretary of the Army may 
require such additional terms and conditions in connection with the 
transfer under subsection (a) as the Secretary considers appropriate to 
protect the interests of the United States.

SEC. 2822. LAND CONVEYANCE, BROWNING ARMY RESERVE CENTER, UTAH.

    (a) Conveyance Authorized.--(1) 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 and located at the Browning Army Reserve 
Center, Utah.
    (2) The purpose of the conveyance is to permit the Department of 
Veterans Affairs of the State of Utah to construct and operate a 
facility for the provision of nursing care for veterans.
    (b) 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 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.
    (c) 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.
    (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. 2823. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.

    (a) Exchange Authorized.--(1) 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, 
consisting of not more than 4.5 acres and located along the western 
boundary of the Navy Annex property, Virginia, for the purpose of the 
construction of a freedmen heritage museum and an Arlington history 
museum.
    (2) The size of the parcel of real property conveyed under 
paragraph (1) shall be such that the acreage of the parcel shall be 
equivalent to the acreage of the parcel of real property conveyed under 
subsection (b). The Secretary shall determine the acreage of the 
parcels, and such determination shall be final.
    (b) Consideration.--As consideration for the conveyance of 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, consisting of not 
more than 4.5 acres and known as the Southgate Road right-of-way 
between Arlington National Cemetery, Virginia, and the Navy Annex 
property.
    (c) Description of Property.--The exact acreage and legal 
description of the parcels of real property to be conveyed under this 
section shall be determined by surveys satisfactory to the Secretary.
    (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) 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 
covered by the reversionary interest, as determined by the Secretary.
    (f) Exemption From Federal Screening.--The conveyance under 
subsection (a) is exempt from the requirement to screen the property 
for other Federal use pursuant to sections 2693 and 2696 of title 10, 
United States Code.
    (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.--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--
            (1) by striking ``(1) Subject to paragraph (2), the 
        Secretary'' and inserting ``The Secretary''; and
            (2) by striking paragraph (2).
    (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.

SEC. 2824. LAND CONVEYANCE, HAMPTON, VIRGINIA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the Hampton City School Board, 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 29.8 acres, is located on Downey Farm Road in Hampton, 
Virginia, and is known as the Butler Farm United States Army Reserve 
Center in order to permit the Board to utilize 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) Exemption From Federal Screening.--The conveyance authorized by 
subsection (a) is exempt from the requirement to screen the property 
for other Federal use pursuant to section 2693 and 2696 of title 10, 
United States Code.
    (e) 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.
    (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.

SEC. 2825. LAND CONVEYANCE, 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. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL COMPLEX, 
              DISTRICT OF COLUMBIA.

    (a) Transfer Required.--The Secretary of the Navy shall transfer to 
the administrative jurisdiction of the Administrator of General 
Services the parcel of Department of the Navy real property in the 
District of Columbia known as the Nebraska Avenue Complex for the 
purpose of permitting the Administrator to use the Complex to 
accommodate the Department of Homeland Security. The Complex shall be 
transferred in its existing condition.
    (b) Authority To Retain Military Family Housing.--The Secretary of 
the Navy may retain administrative jurisdiction over the portion of the 
Complex that the Secretary considers to be necessary for continued use 
as Navy family housing.
    (c) Time for Transfer.--The transfer of administrative jurisdiction 
over the Complex to the Administrator under subsection (c) shall be 
completed not later than January 1, 2005.
    (d) Relocation of Navy Activities.--As part of the transfer of the 
Complex under this section, the Secretary of the Navy shall relocate 
Department of the Navy activities at the Complex to other locations.
    (e) Payment of Relocation Costs.--Subject to the availability of 
appropriations for this purpose, the Secretary of Homeland Security 
shall be responsible for the payment of--
            (1) all reasonable costs, including costs to move 
        furnishings and equipment, related to the relocation of 
        Department of the Navy activities from the Complex under 
        subsection (d);
            (2) all reasonable costs, including rent, incident to the 
        occupancy by such activities of interim leased space; and
            (3) all reasonable costs incident to the acquisition of 
        permanent facilities for Department of the Navy activities 
        relocated from the Complex.
    (f) Submission of Cost Estimates.--As soon as practicable after the 
date of the enactment of this Act, but not later than January 1, 2005, 
the Secretary of the Navy shall submit to the congressional defense 
committees an initial estimate of the amounts that will be necessary to 
cover the costs to permanently relocate Department of the Navy 
activities from the Complex. The Secretary shall include in the 
estimate anticipated land acquisition and facility construction costs. 
The Secretary shall revise the estimate as necessary whenever 
information regarding the actual costs for the relocation is obtained.
    (g) Certification of Relocation Costs.--At the end of the three-
year period beginning on the date of the transfer of the Complex under 
subsection (a), the Secretary of the Navy shall submit to Congress 
written notice--
            (1) specifying the total amount expended under subsection 
        (e) to cover the costs of relocating Department of the Navy 
        activities from the Complex;
            (2) specifying the total amount expended to acquire 
        permanent facilities for Department of the Navy activities 
        relocated from the Complex; and
            (3) certifying whether the amounts paid are sufficient to 
        complete all relocation actions.

SEC. 2827. 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 2 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 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. 2828. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey, 
without consideration, 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, Portsmouth, Virginia, and known as the ``Navy YMCA 
Building'', for economic revitalization purposes.
    (b) Conditions of Conveyance.--The conveyance under subsection (a) 
shall be subject to the following conditions:
            (1) That the City accept the real property described in 
        subsection (a) in its condition at the time of the conveyance, 
        commonly known as conveyance ``as is''.
            (2) That the City bear all costs related to the 
        environmental remediation, use, and redevelopment of the real 
        property.
    (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 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 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.

SEC. 2829. 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 a parcel of real property 
consisting of 9.639 acres and including four buildings described in 
paragraph (2) that 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 described in this paragraph are the buildings 
located on the real property referred in paragraph (1) as follows:
            (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 parcel and structures conveyed for 
economic purposes in a manner consistent with 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 of property 
under subsection (a), the Authority shall pay the United States an 
amount equal to the fair market of value, as determined by the 
Secretary.
    (d) Treatment of Proceeds.--Any consideration received under 
subsection (c) shall be deposited in the Department of Defense Base 
Closure Account 1990 established by section 2906 of the Defense Base 
Closure and Realignment Act of 1990, and shall be available for use in 
accordance with subsection (b) of such section.
    (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. The cost 
of the survey shall be borne by the Authority.
    (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.

SEC. 2830. 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 any improvements 
thereon, consisting of approximately 28 acres and including all of the 
Maxwell Heights Housing site and located at Maxwell Air Force Base, 
Alabama.
    (b) Consideration.--(1) As consideration for the conveyance of 
property under subsection (a), the City shall convey to the United 
States all right, title, and interest of the City to a parcel of real 
property, including any improvements thereon, consisting of 
approximately 35 acres and designated as project AL 6-4, that is owned 
by the City and is contiguous to Maxwell Air Force Base, for the 
purpose of allowing the Secretary to incorporate such property into a 
project for the acquisition or improvement of military housing under 
subchapter IV of chapter 169 of title 10, United States Code. The 
Secretary shall have administrative jurisdiction over the real property 
received under this subsection.
    (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) (as determined pursuant to an appraisal 
acceptable to the Secretary), the Secretary may require the City to 
provide, pursuant to negotiations between the Secretary and the City, 
in-kind consideration the value of which when added to the fair market 
value of the property conveyed under subsection (b) equals the fair 
market value of the property conveyed under subsection (a).
    (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 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 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 property to be conveyed under subsections (a) and 
(b) 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 subsections (a) and (b) as the Secretary considers appropriate to 
protect the interests of the United States.

SEC. 2831. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER, MARYLAND.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey to 
the State of Maryland (in this section referred to as ``State''), all 
right, title, and interest of the United States in and to a parcel of 
real property, including improvements thereon, consisting of 
approximately five acres at Naval Air Station, Patuxent River, 
Maryland, and containing the Point Lookout Lighthouse, other structures 
related to the lighthouse, and an archaeological site pertaining to the 
military hospital that was located on the property during the Civil 
War. The conveyance shall include artifacts pertaining to the military 
hospital recovered by the Navy and held at the installation.
    (b) Property Received in Exchange.--As consideration for the 
conveyance of the real property under subsection (a), the State shall 
convey to the United States a parcel of real property consisting of 
approximately five acres located in Point Lookout State Park, St. 
Mary's County, Maryland.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the State to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, relocation expenses incurred 
under subsection (b), and other administrative costs related to the 
conveyance. If amounts are collected from the State in advance of the 
Secretary incurring the actual costs, and the amount collected exceeds 
the costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount to State.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the properties to be conveyed under this section shall 
be determined by surveys satisfactory to the Secretary.
    (e) 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. 2832. 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 ``MJPA'') 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 economic development and 
revitalization.
    (b) Consideration.--(1) As consideration for the conveyance of 
property under subsection (a), the MJPA shall pay the United States an 
amount equal to the fair market value, as determined by the Secretary, 
of the property to be conveyed under such subsection.
    (2) The consideration received under this subsection shall be 
deposited in the special account in the Treasury established under 
section 572(b) of title 40, United States Code, and available in 
accordance with the provisions of paragraph (5)(B)(ii).
    (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 MJPA.
    (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. 2833. 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 contribution, or a combination thereof, an amount 
that is not less than the fair market value, as determined by an 
appraisal of the property acceptable to the Administrator and the 
Secretary. The Secretary may authorize the entity to carry out, as in-
kind consideration, environmental remediation activities for the 
property conveyed under such subsection.
    (2) The Secretary shall deposit any cash received as consideration 
under this subsection in a special account established pursuant to 
section 572(b) of title 40, United States Code, to pay for 
environmental remediation and explosives cleanup of the property 
conveyed under subsection (a).
    (c) Construction With Previous Land Conveyance Authority on 
Sunflower Army Ammunition Plant.--The authority in subsection (a) to 
make the conveyance described in that subsection is in addition to the 
authority under section 2823 of the Military Construction Authorization 
Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 
2712) to make the conveyance described in that section.
    (d) Environmental Remediation and Explosives Cleanup.--(1) 
Notwithstanding any other provision of law, the Secretary may enter 
into a multi-year cooperative agreement or contract with the entity to 
undertake environmental remediation and explosives cleanup of the 
property, and may utilize amounts authorized to be appropriated for the 
Secretary for purposes of environmental remediation and explosives 
cleanup under the agreement.
    (2) The terms of 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 or other persons 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, and other administrative 
costs related to the conveyance.
    (2) Amounts received under paragraph (1) shall be credited to the 
appropriation, fund, or account from which the costs were paid. Amounts 
so credited shall be merged with funds in such appropriation, fund, or 
account, and shall be available for the same purposes, and subject to 
the same limitations, as the funds with which merged.
    (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 jointly 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. 2834. 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.--As consideration for the conveyance of 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, as determined by an 
appraisal acceptable to the Secretary, of the property conveyed under 
such subsection.
    (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 appraisal costs, survey 
costs, costs related to compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and environmental 
remediation, and other administrative costs related to the conveyance. 
If the 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 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.

SEC. 2835. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, DOYLINE, 
              LOUISIANA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey 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) Consideration.--As consideration for the conveyance of property 
under subsection (a), the State shall--
            (1) maintain at least 13,500 acres of such property for the 
        purpose of military training, unless the Secretary determines 
        that fewer acres are required for such purpose;
            (2) ensure that any other uses that are made of the 
        property conveyed under subsection (a) do not adversely impact 
        military training;
            (3) accommodate the use of such property, at no cost or 
        fee, for meeting the present and future training needs of Armed 
        Forces units, including units of the Louisiana National Guard 
        and the other active and reserve components of the Armed 
        Forces;
            (4) assume, starting on the date that is five years after 
        the date of the conveyance of such property, responsibility for 
        any monitoring, sampling, or reporting requirements that are 
        associated with the environmental restoration activities of the 
        Army on the Louisiana Army Ammunition Plant, and shall bear 
        such responsibility until such time as such monitoring, 
        sampling, or reporting is no longer required; and
            (5) assume the rights and responsibilities of the Army 
        under the armaments retooling manufacturing support agreement 
        between 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 
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 surveys satisfactory to the Secretary. The cost 
of each 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. 2836. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE, EQUIPMENT AND 
              STORAGE YARD, CHARLESTON, SOUTH CAROLINA.

    Section 563(h) 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) In general.--The Secretary may convey to the City of 
        Charleston, South Carolina (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 of the Corps of Engineers, 
        together with 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, 
        in as-is condition.
            ``(2) Consideration.--As consideration for the conveyance 
        of property under paragraph (1), the City shall provide the 
        United States, whether by cash payment, in-kind contribution, 
        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.--Amounts received as consideration 
        under this subsection may be used by the Corps of Engineers, 
        Charleston District, as follows:
                    ``(A) Any amounts received as consideration may be 
                used to carry out activities under this Act, 
                notwithstanding any requirements associated with the 
                Plant Replacement and Improvement Program (PRIP), 
                including--
                            ``(i) leasing, purchasing, or constructing 
                        an office facility within the boundaries of 
                        Charleston, Berkeley, and Dorchester Counties, 
                        South Carolina; and
                            ``(ii) satisfying any PRIP balances.
                    ``(B) Any amounts received as consideration that 
                are in excess of the fair market value of the property 
                conveyed under paragraph (1) 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 paragraph 
        (1) 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 paragraph (1) as the Secretary considers 
        appropriate to protect the interests of the United States.''.

                       Subtitle D--Other Matters

SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW-ON LABORATORY REVITALIZATION 
              DEMONSTRATION PROGRAM.

    (a) Follow-On Program Authorized.--(1) The Secretary of Defense may 
carry out a program (to be known as the ``Department of Defense Follow-
On Laboratory Revitalization Demonstration Program'') for the 
revitalization of Department of Defense laboratories. Under the 
program, the Secretary may carry out minor military construction 
projects in accordance with subsection (b) and other applicable law to 
improve laboratories covered by the program.
    (2) The program under this section is the successor program to the 
Department of Defense Laboratory Revitalization Demonstration Program 
carried out under section 2892 of the Military Construction 
Authorization Act for Fiscal Year 1996 (division B of Public Law 104-
106; 10 U.S.C. 2805 note).
    (b) Increased Maximum Amounts Applicable to Minor Construction 
Projects.--For purpose of any military construction project carried out 
under the program--
            (1) the amount provided in the second sentence of 
        subsection (a)(1) of section 2805 of title 10, United States 
        Code, shall be deemed to be $3,000,000;
            (2) the amount provided in subsection (b)(1) of such 
        section shall be deemed to be $1,500,000; and
            (3) the amount provided in subsection (c)(1)(B) of such 
        section shall be deemed to be $1,000,000.
    (c) Program Requirements.--(1) Not later than 30 days before 
commencing the program, the Secretary shall--
            (A) designate the Department laboratories at which 
        construction may be carried out under the program; and
            (B) establish procedures for the review and approval of 
        requests from Department laboratories to carry out such 
        construction.
    (2) The laboratories designated under paragraph (1)(A) may not 
include Department laboratories that are contractor owned.
    (3) The Secretary shall notify Congress of the Department 
laboratories designated under paragraph (1)(A).
    (d) Report.--Not later than September 30, 2005, the Secretary shall 
submit to the congressional defense committees a report on the program 
under this section. The report shall include--
            (1) a list and description of the construction projects 
        carried out under the program, and of any projects carried out 
        under the program referred to in subsection (a) during the 
        period beginning on October 1, 2003, and ending on the date of 
        the enactment of this Act, including the location and costs of 
        each such project; and
            (2) the assessment of the Secretary of the advisability of 
        extending or expanding the authority for the program under this 
        section.
    (e) Construction of Authority.--Nothing in this section may be 
construed to limit any other authority provided by law for any military 
construction project at a Department laboratory covered by the program.
    (f) Definitions.--In this section:
            (1) The term ``laboratory'' includes--
                    (A) a research, engineering, and development 
                center;
                    (B) a test and evaluation activity owned, funded, 
                and operated by the Federal Government through the 
                Department of Defense; and
                    (C) a supporting facility of a laboratory.
            (2) The term ``supporting facility'', with respect to a 
        laboratory, means any building or structure that is used in 
        support of research, development, test, and evaluation at the 
        laboratory.
    (g) Expiration of Authority.--The authority to carry out a project 
under the program under this section expires on September 30, 2006.

SEC. 2842. JURISDICTION AND UTILIZATION OF FORMER PUBLIC DOMAIN LANDS, 
              UMATILLA CHEMICAL DEPOT, OREGON.

    (a) Jurisdiction.--The various parcels of real property consisting 
of approximately 8,300 acres and located within the boundaries of 
Umatilla Chemical Depot, Oregon, that were previously withdrawn from 
the public domain are determined to be no longer suitable for return to 
the public domain and are hereby transferred to the administrative 
jurisdiction of the Secretary of the Army.
    (b) Utilization.--The Secretary shall combine the real property 
transferred under subsection (a) with other lands and lesser interests 
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. 2843. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL MUSEUM OF 
              THE UNITED STATES ARMY.

    (a) Authority To Enter Into Agreement.--(1) 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 (in this 
section referred to as the ``center''), for the National Museum of the 
United States Army.
    (2) 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.
    (3) The center may also be used to support such education, 
training, research, and associated purposes as the Secretary considers 
appropriate.
    (b) Design and Construction.--(1) The design of the center shall be 
subject to the approval of the Secretary.
    (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.
    (c) Acceptance of Facility.--(1) Upon satisfactory completion, as 
determined by the Secretary, of any phase of the center, and upon the 
satisfaction of any and all financial obligations incident thereto 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.
    (2) Upon becoming property of the United States, a phase of the 
center accepted under paragraph (1) shall be under the jurisdiction of 
the Secretary.
    (d) Use of Certain Gifts.--(1) Under regulations prescribed by the 
Secretary, the Commander of the United States Army Center of Military 
History may, without regard to section 2601 of title 10, United States 
Code, 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.
    (e) Lease of Facility.--(1) The Secretary may lease, under such 
terms and conditions as the Secretary considers appropriate for the 
agreement authorized by subsection (a), portions of the center 
developed under that subsection to the Army Historical Foundation for 
use by the public, commercial and nonprofit entities, State and local 
governments, and other departments and agencies of the Federal 
Government for use in generating revenue for activities of the center 
and for such administrative purposes as may be necessary for the 
support of the center.
    (2) The 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 
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.
    (f) Additional Terms and Conditions.--The Secretary 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.

SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND BASE REUSE AUTHORITY 
              AND REDEVELOPMENT AGENCY OF THE CITY OF OAKLAND, 
              CALIFORNIA.

    (a) Authority.--The Secretary of the Navy may pay funds as agreed 
to by both parties, 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) Consideration.--As consideration, the Oakland Base Reuse 
Authority and Redevelopment Agency shall agree that the payment 
constitutes a final settlement of all claims against the United States 
related to said case and give to the Secretary a release of all claims 
to the eighteen officer housing units 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.--The Secretary may use funds in the Department 
of Defense Base Closure Account 1990 established pursuant to section 
2906 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) for the payment 
authorized by subsection (a) or the proceeds of sale from the eighteen 
housing units and property described in subsection (b).

SEC. 2845. COMPTROLLER GENERAL REPORT ON CLOSURE OF DEPARTMENT OF 
              DEFENSE DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS AND 
              COMMISSARY STORES.

    (a) Comptroller General Report.--Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate committees of Congress a 
report that includes the following:
            (1) With respect to Department of Defense dependent 
        elementary and secondary schools--
                    (A) 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 
                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
                    (B) 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.
            (2) With respect to commissary stores--
                    (A) 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
                    (B) 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.
    (b) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services of the Senate; and
            (2) the Committee on Armed Services of the House of 
        Representatives.

                  TITLE XXIX--MARITIME ADMINISTRATION

SEC. 2901. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS FOR NATIONAL 
              DEFENSE TANK VESSEL CONSTRUCTION ASSISTANCE.

    Section 3542(d) 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 paragraph (1), 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) shall give priority consideration to a proposal 
        submitted by an applicant who has been accepted 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; and''.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 2005 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$9,165,145,000, to be allocated as follows:
            (1) For weapons activities, $6,674,898,000.
            (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 new plant projects for weapons 
activities, as follows:
            (1) For readiness in technical base and facilities:
                    Project 05-D-140, Readiness in Technical Base and 
                Facilities Program (RTBF), project engineering and 
                design (PED), various locations, $11,600,000.
                    Project 05-D-401, Building 12-64 production bays 
                upgrade, Pantex Plant, Amarillo, Texas, $25,000,000.
                    Project 05-D-402, Beryllium Capability (BeC) 
                Project, Y-12 National Security Complex, Oak Ridge, 
                Tennessee, $3,627,000.
            (2) For facilities and infrastructure recapitalization:
                    Project 05-D-160, Facilities and Infrastructure 
                Recapitalization Program (FIRP), project engineering 
                and design (PED), various locations, $8,700,000.
                    Project 05-D-601, compressed air upgrades, Y-12 
                National Security Complex, Oak Ridge, Tennessee, 
                $4,400,000.
                    Project 05-D-602, power grid infrastructure upgrade 
                (PGIU), Los Alamos National Laboratory, Los Alamos, New 
                Mexico, $10,000,000.
                    Project 05-D-603, new master substation, technical 
                areas I and IV, Sandia National Laboratories, 
                Albuquerque, New Mexico, $600,000.
            (3) For safeguards and security:
                    Project 05-D-170, safeguards and security, project 
                engineering and design (PED), various locations, 
                $17,000,000.
                    Project 05-D-701, security perimeter, Los Alamos 
                National Laboratory, Los Alamos, New Mexico, 
                $20,000,000.
            (4) For naval reactors:
                    Project 05-N-900, materials development facility 
                building, Schenectady, New York, $6,200,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 2005 for 
environmental management activities in carrying out programs necessary 
for national security in the amount of $6,954,402,000, to be allocated 
as follows:
            (1) For defense site acceleration completion, 
        $5,971,932,000.
            (2) For defense environmental services, $982,470,000.
    (b) Authorization of New Plant Project.--From funds referred to in 
subsection (a)(2) that are available for carrying out plant projects, 
the Secretary of Energy may carry out, for environmental management 
activities, the following new plant project:
            Project 05-D-405, salt waste processing facility, Savannah 
        River Site, Aiken, South Carolina, $52,000,000.

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 
$568,096,000.

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 
$108,000,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR MODERN PIT FACILITY.

    (a) Limitation.--Of the amount authorized to be appropriated by 
section 3101(a)(1) for the National Nuclear Security Administration for 
weapons activities and available for the Modern Pit Facility, not more 
than 50 percent of such amount may be obligated or expended until 30 
days after the latter of the following:
            (1) The date of the submittal of the revised nuclear 
        weapons stockpile plan 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.
            (2) The date on which the Administrator for Nuclear 
        Security submits 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)(2) 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 number of pits 
        that will be required to be produced in order to support the 
        weapons that will be retained in the nuclear weapons stockpile, 
        set forth by weapon type and by year; and
            (B) take into account any surge capacity that may be 
        included in the annual pit production capability.
    (c) Form of Report.--The report described in subsection (a)(2) 
shall be submitted in unclassified form, but may include a classified 
annex.

SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCED NUCLEAR 
              WEAPONS CONCEPTS INITIATIVE.

    (a) Limitation.--None of the funds authorized to be appropriated by 
this title may be obligated or expended for purposes of additional or 
exploratory studies under the Advanced Nuclear Weapons Concepts 
Initiative until 30 days after the date on which the Administrator for 
Nuclear Security submits to the congressional defense committees a 
detailed report on the activities for such studies under the Initiative 
that are planned 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.

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 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 of 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 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 any other provision of law, with 
respect to material stored at a Department of Energy site at which 
activities are regulated by the State pursuant to approved closure 
plans or permits issued by the State, high-level radioactive waste does 
not include radioactive material resulting from the reprocessing of 
spent nuclear fuel that the Secretary of Energy determines--
            (1) does not require permanent isolation in a deep geologic 
        repository for spent fuel or highly radioactive waste pursuant 
        to criteria promulgated by the Department of Energy by rule 
        approved by the Nuclear Regulatory Commission;
            (2) has had highly radioactive radionuclides removed to the 
        maximum extent practical in accordance with the Nuclear 
        Regulatory Commission-approved criteria; and
            (3) in the case of material derived from the storage tanks, 
        is disposed of in a facility (including a tank) within the 
        State pursuant to a State-approved closure plan or a State-
        issued permit, authority for the approval or issuance of which 
        is conferred on the State outside of this Act.
    (b) Inapplicability to Certain Materials.--Subsection (a) shall not 
apply to any material otherwise covered by that subsection that is 
transported from the State.
    (c) Scope of Authority To Carry Out Actions.--The Department of 
Energy may implement any action authorized--
            (1) by a State-approved closure plan or State-issued permit 
        in existence on the date of enactment of this section; or
            (2) by a closure plan approved by the State or a permit 
        issued by the State during the pendency of the rulemaking 
        provided for in subsection (a).
Any such action may be completed pursuant to the terms of the closure 
plan or the State-issued permit notwithstanding the final criteria 
adopted by the rulemaking pursuant to subsection (a).
    (d) State Defined.--In this section, the term ``State'' means the 
State of South Carolina.
    (e) Construction.--(1) Nothing in this section shall affect, alter, 
or modify the full implementation of--
            (A) the settlement agreement entered into by the United 
        States with the State of Idaho in the actions captioned Public 
        Service Co. of Colorado v. Batt, Civil No. 91-0035-S-EJL, and 
        United States v. Batt, Civil No. 91-0054-S-EJL, in the United 
        States District Court for the District of Idaho, and the 
        consent order of the United States District Court for the 
        District of Idaho, dated October 17, 1995, that effectuates the 
        settlement agreement;
            (B) the Idaho National Engineering Laboratory Federal 
        Facility Agreement and Consent Order; or
            (C) the Hanford Federal Facility Agreement and Consent 
        Order.
    (2) Nothing in this section establishes any precedent or is binding 
on the State of Idaho, the State of Washington, the State of Oregon, or 
any other State for the management, storage, treatment, and disposition 
of radioactive and hazardous materials.

SEC. 3117. NATIONAL ACADEMY OF SCIENCES STUDY.

    (a) Review by National Research Council.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Energy 
shall enter into a contract with the National Research Council of the 
National Academies to conduct a study of the necessary technologies and 
research gaps in the Department of Energy's program to remove high-
level radioactive waste from the storage tanks at the Department's 
sites in South Carolina, Washington and Idaho.
    (b) Matters To Be Addressed in Study.--The study shall address the 
following:
            (1) the quantities and characteristics of waste in each 
        high-level waste storage tank described in paragraph (a), 
        including data uncertainties;
            (2) the technologies by which high-level radioactive waste 
        is currently being removed from the tanks for final disposal 
        under the Nuclear Waste Policy Act;
            (3) technologies currently available but not in use in 
        removing high-level radioactive waste from the tanks;
            (4) any technology gaps that exist to effect the removal of 
        high-level radioactive waste from the tanks;
            (5) other matters that in the judgement of the National 
        Research Council directly relate to the focus of this study.
    (c) Time Limitation.--The National Research Council shall conduct 
the review over a one year period beginning upon execution of the 
contract described in subsection (a).
    (d) Reports.--(1) The National Research Council shall submit its 
findings, conclusions and recommendations to the Secretary of Energy 
and to the relevant Committees of jurisdiction of the United States 
Senate and House of Representatives.
            (2) The final report shall be submitted in unclassified 
        form with classified annexes as necessary.
    (e) Provision of Information.--The Secretary of Energy shall make 
available to the National Research Council all of the information 
necessary to complete its report in a timely manner.
    (f) Expedited Processing of Security Clearances.--For purposes of 
facilitating the commencement of the study under this section, the 
Secretary of Energy shall expedite to the fullest degree possible the 
processing of security clearances that are necessary for the National 
Research Council to conduct the study.
    (g) Funding.--Of the amount authorized to be appropriated in 
section 3102(a)(1) for environmental management for defense site 
acceleration completion, $750,000 shall be available for the study 
authorized under this section.

SEC. 3118. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND SECURITY.

    (a) Annual Report Required.--Subtitle C of title XLVII of the 
Atomic Energy Defense Act (50 U.S.C. 2771 et seq.) is amended by adding 
at the end the following new section:

``SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND SECURITY.

    ``The Secretary of Energy shall submit to Congress each year, in 
the budget justification materials submitted to Congress in support of 
the budget of the President for the fiscal year beginning in such year 
(as submitted under section 1105(a) of title 31, United States Code), 
the following:
            ``(1) A detailed description and accounting of the proposed 
        obligations and expenditures by the Department of Energy for 
        safeguards and security in carrying out programs necessary for 
        the national security for the fiscal year covered by such 
        budget, including any technologies on safeguards and security 
        proposed to be deployed or implemented during such fiscal year.
            ``(2) With respect to the fiscal year ending in the year 
        before the year in which such budget is submitted, a detailed 
        description and accounting of--
                    ``(A) the policy on safeguards and security, 
                including any modifications in such policy adopted or 
                implemented during such fiscal year;
                    ``(B) any initiatives on safeguards and security in 
                effect or implemented during such fiscal year;
                    ``(C) the amount obligated and expended for 
                safeguards and security during such fiscal year, set 
                forth by total amount, by amount per program, and by 
                amount per facility; and
                    ``(D) the technologies on safeguards and security 
                deployed or implemented during such fiscal year.''.
    (b) Clerical Amendment.--The table of contents for that Act is 
amended by inserting after the item relating to section 4731 the 
following new item:

``Sec. 4732. Annual report on expenditures for safeguards and 
                            security.''.

SEC. 3119. AUTHORITY TO CONSOLIDATE COUNTERINTELLIGENCE OFFICES OF 
              DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY 
              ADMINISTRATION WITHIN NATIONAL NUCLEAR SECURITY 
              ADMINISTRATION.

    (a) Authority.--The Secretary of Energy may consolidate the 
counterintelligence programs and functions referred to in subsection 
(b) within the Office of Defense Nuclear Counterintelligence of the 
National Nuclear Security Administration and provide for their 
discharge by that Office.
    (b) Covered Programs and Functions.--The programs and functions 
referred to in this subsection are as follows:
            (1) The functions and programs of the Office of 
        Counterintelligence of the Department of Energy under section 
        215 of the Department of Energy Organization Act (42 U.S.C. 
        7144b).
            (2) The functions and programs of the Office of Defense 
        Nuclear Counterintelligence of the National Nuclear Security 
        Administration under section 3232 of the National Nuclear 
        Security Administration Act (50 U.S.C. 2422), including the 
        counterintelligence programs under section 3233 of that Act (50 
        U.S.C. 2423).
    (c) Establishment of Policy.--The Secretary shall have the 
responsibility to establish policy for the discharge of the 
counterintelligence programs and functions consolidated within the 
National Nuclear Security Administration under subsection (a) as 
provided for under section 213 of the Department of Energy Organization 
Act (42 U.S.C. 7144).
    (d) Preservation of Counterintelligence Capability.--In 
consolidating counterintelligence programs and functions within the 
National Nuclear Security Administration under subsection (a), the 
Secretary shall ensure that the counterintelligence capabilities of the 
Department of Energy and the National Nuclear Security Administration 
are in no way degraded or compromised.
    (e) Report on Exercise of Authority.--In the event the Secretary 
exercises the authority in subsection (a), the Secretary shall submit 
to the congressional defense committees a report on the exercise of the 
authority. The report shall include--
            (1) a description of the manner in which the 
        counterintelligence programs and functions referred to in 
        subsection (b) shall be consolidated within the Office of 
        Defense Nuclear Counterintelligence of the National Nuclear 
        Security Administration and discharged by that Office;
            (2) a notice of the date on which that Office shall 
        commence the discharge of such programs and functions, as so 
        consolidated; and
            (3) a proposal for such legislative action as the Secretary 
        considers appropriate to effectuate the discharge of such 
        programs and functions, as so consolidated, by that Office.
    (f) Deadline for Exercise of Authority.--The authority in 
subsection (a) may be exercised, if at all, not later than one year 
after the date of the enactment of this Act.

SEC. 3120. TREATMENT OF WASTE MATERIAL.

    (a) Availability of Funds for Treatment.--Of the amount authorized 
to be appropriated by section 3102(a)(1) for environmental management 
for defense site acceleration completion, $350,000,000 shall be 
available for the following purposes at the sites referred to in 
subsection (b):
            (1) The safe management of tanks or tank farms used to 
        store waste from reprocessing activities.
            (2) The on-site treatment and storage of wastes from 
        reprocessing activities and related waste.
            (3) The consolidation of tank waste.
            (4) The emptying and cleaning of storage tanks.
            (5) Actions under section 3116.
    (b) Sites.--The sites referred to in this subsection are as 
follows:
            (1) The Idaho National Engineering and Environmental 
        Laboratory, Idaho.
            (2) The Savannah River Site, Aiken, South Carolina.
            (3) The Hanford Site, Richland, Washington.
    (c) Effective Date.--This section shall become effective 1 day 
after enactment.

SEC. 3121. LOCAL STAKEHOLDER ORGANIZATIONS FOR DEPARTMENT OF ENERGY 
              ENVIRONMENTAL MANAGEMENT 2006 CLOSURE SITES.

    (a) Establishment.--(1) The Secretary of Energy shall establish for 
each Department of Energy Environmental Management 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 Environmental Management 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 Environmental Management 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 Environmental Management 2006 closure site 
shall be established not later than six months before the closure of 
the site.
    (e) Inapplicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to local 
stakeholder organizations under this section.
    (f) Department of Energy Environmental Management 2006 Closure Site 
Defined.--In this section, the term ``Department of Energy 
Environmental Management 2006 closure site'' means each clean up site 
of the Department of Energy scheduled by the Department as of January 
1, 2004, for closure in 2006.

SEC. 3122. 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 retirements benefits for workers at 
Department of Energy 2006 closure sites after the 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 that could lose retirement benefits as a result 
        of the early closure of such a site.
            (2) The impact on collective bargaining agreements with 
        workers at Department of Energy 2006 closure sites of the loss 
        of their retirement benefits as described in paragraph (1).
            (3) The cost of providing retirement benefits, after the 
        closure of Department of Energy 2006 closure sites, to workers 
        at such sites who would otherwise lose their benefits as 
        described in paragraph (1) after the closure of such sites.
    (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 to perform cleanup, security, or administrative 
        duties or responsibilities at a Department of Energy 2006 
        closure site.
            (3) The term ``retirement benefits'' means health, pension, 
        and any other retirement benefits.

SEC. 3123. 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 on the efforts of the 
Administration to understand the aging of plutonium in nuclear weapons.
    (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.

                   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.

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 and 
        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 
considers appropriate for the program.
    (d) Reports.--(1) Not later than March 15, 2005, the Secretary 
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 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 and Strontium-90, Curium-244, 
        Strontium-90, 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 isotope 235.
            (5) The term ``low-enriched uranium'' means uranium 
        enriched below 20 percent in 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.

                       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. 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. 3143. ENHANCEMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
              COMPENSATION PROGRAM AUTHORITIES.

    (a) State Agreements.--Section 3661 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106-394) (42 U.S.C. 7385o) is amended--
            (1) in subsection (b), by striking ``Pursuant to agreements 
        under subsection (a), the'' and inserting ``The'';
            (2) in subsection (c), by striking ``provided in an 
        agreement under subsection (a), and if''; and
            (3) in subsection (e), by striking ``If provided in an 
        agreement under subsection (a)'' and inserting ``If a panel has 
        reported a determination under subsection (d)(5)''.
    (b) Physician Panels.--Subsection (d) of such section is amended by 
striking paragraph (2) and inserting the following new paragraph (2):
    ``(2) The Secretary of Health and Human Services shall, in 
consultation with the Secretary of Energy, select the individuals to 
serve as panel members based on experience and competency in diagnosing 
occupational illnesses. The Secretary shall appoint the individuals so 
selected as panel members or shall obtain by contract the services of 
such individuals as panel members.''.

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 by 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 (hereafter in this 
section referred 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 
        employed under the contract shall have qualifications and 
        experience equivalent to the qualifications and experience 
        required for scientists employed by the Federal Government in 
        grades GS-13 through GS-15.
            (3) Scientists 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. 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) Lead Counsel and Counsel for the United States of 
        America shall recommend to the Court reasonable procedures by 
        which the claims for monies from the Fund shall be 
        administered, which recommendations shall include mechanisms--
                    (A) to identify class members;
                    (B) to receive claims from class members so 
                identified;
                    (C) to determine in accordance with subsection (d) 
                eligible claimants from among class members submitting 
                claims; and
                    (D) to resolve contests, if any, among eligible 
                claimants with respect to a particular eligible tract 
                regarding the disbursement of monies in the Fund with 
                respect to such eligible tract.
            (3) Lead Counsel and Counsel for the United States of 
        America shall provide evidence to the Court to assist the Court 
        in--
                    (A) identifying each class member by name and 
                whereabouts;
                    (B) providing notice of the settlement process for 
                the consolidated lawsuits to each class member so 
                identified; and
                    (C) providing the forms, and describing the 
                procedure, for making claims to each class member so 
                identified.
            (4) After the provision of notice to class members under 
        paragraph (3), if, within a time period to be established by 
        the Court, more than 10 percent of the class members submit to 
        the Court written notice of their determination to be excluded 
        from participation in the settlement of the consolidated 
        lawsuits--
                    (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 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 attorney fees and expenses so 
        paid shall be paid from the Fund 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.
                    (C) Payments from the Fund under this paragraph 
                shall be made by the Secretary of the Treasury.
            (7) Any amounts available for disbursement with respect to 
        an eligible tract that are not awarded to eligible claimants 
        with respect to that tract by reason of paragraph (6)(B) 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 and pursuant to procedures established under 
subsection (c)(2), 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).

 Subtitle E--Energy Employees Occupational Illness Compensation Program

SEC. 3151. 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
                            ``(ii) during a period, as specified in 
                        such report or any update to such report, of 
                        potential for significant residual radioactive 
                        contamination at such facility.''.

SEC. 3152. 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; and
            (4) 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. 3153. WORKERS COMPENSATION.

    (a) In General.--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 amended to 
read as follows:

                   ``Subtitle D--Workers Compensation

``SEC. 3661. COVERED DEPARTMENT OF ENERGY CONTRACTOR EMPLOYEES.

    ``(a) In General.--In this subtitle, the term `covered Department 
of Energy contractor employee' means any Department of Energy 
contractor employee determined under section 3663 to have contracted an 
occupational illness or covered illness through exposure at a 
Department of Energy facility.
    ``(b) Exclusion of Illness Through Exposure After Commencement of 
New Program.--For purposes of this subtitle, an occupational illness or 
covered illness shall not include any illness contracted by a 
Department of Energy contractor employee through exposure at a 
Department of Energy facility if the exposure occurs after the date of 
the enactment of the National Defense Authorization Act for Fiscal Year 
2005.

``SEC. 3662. WORKERS COMPENSATION.

    ``(a) In General.--Except as provided in subsection (b), a covered 
Department of Energy contractor employee, or the survivor of a covered 
Department of Energy contractor employee if the covered Department of 
Energy contractor employee is deceased, shall receive workers 
compensation in an amount determined under section 3664.
    ``(b) Election To Proceed Under State Workers' Compensation 
System.--(1) A Department of Energy contractor employee otherwise 
covered by this section may elect to seek workers' compensation under 
the appropriate State workers' compensation system for the occupational 
illness or covered illness of the covered Department of Energy 
contractor employee rather than seek workers compensation for the 
occupational illness or covered illness, as the case may be, under this 
subtitle.
    ``(2) Any Department of Energy contractor employee making an 
election under paragraph (1) who becomes entitled to workers' 
compensation under the appropriate State workers' compensation system 
following an election under that paragraph is not entitled to receive 
workers compensation under this subtitle.
    ``(c) Funding.--The Secretary of Labor shall make payments of 
workers compensation under this section from amounts authorized to be 
appropriated for such purpose under section 3670.

``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF OCCUPATIONAL OR 
              COVERED ILLNESSES.

    ``(a) Employees Covered by Previous Determination of Entitlement to 
Compensation and Benefits.--(1) A Department of Energy contractor 
employee who has been determined to be entitled to compensation and 
benefits for an occupational illness contracted in the performance of 
duty at a Department of Energy facility under subtitle B shall be 
treated as having contracted the occupational illness through exposure 
at the Department of Energy facility for purposes of this subtitle.
    ``(2) A determination, pursuant to activities under paragraph (2) 
of section 3163(d) of the National Defense Authorization Act for Fiscal 
Year 2005 before or during the period of transition of administration 
of this subtitle to the Department of Labor under paragraph (1) of such 
section, that an individual contracted an occupational illness through 
exposure at a Department of Energy facility for purposes of this 
subtitle shall be valid for purposes of this subtitle.
    ``(b) Other Employees.--In the case of a Department of Energy 
contractor employee not previously covered by a determination described 
in subsection (a) with respect to an occupational illness, the 
Department of Energy contractor employee shall be determined to have 
contracted an illness (in this subtitle referred to as a `covered 
illness') through exposure at a Department of Energy facility for 
purposes of this subtitle if--
            ``(1) it is at least as likely as not that exposure to a 
        toxic substance was a significant factor in aggravating, 
        contributing to, or causing the illness; and
            ``(2) 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.
    ``(c) Determinations Regarding Employees Not Previously Covered by 
Determination of Entitlement.--(1) The Secretary of Labor shall make 
each determination under subsection (b) as to whether or not a 
Department of Energy contractor employee described in that subsection 
contracted a covered illness related to employment at a Department of 
Energy facility.
    ``(2) The Secretary may utilize the services of physicians for 
purposes of making determinations under this subsection. Any physicians 
so utilized shall possess appropriate expertise and experience in the 
evaluation and diagnosis of illnesses aggravated, contributed to, or 
caused by exposure to toxic substances.
    ``(3) The Secretary may secure the services of physicians under 
this subsection through the appointment of physicians or by contract.
    ``(4) The Secretary shall consult with the Secretary of Health and 
Human Services before utilizing the services of physicians for purposes 
of making determinations under this subsection.

``SEC. 3664. AMOUNT OF WORKERS COMPENSATION.

    ``(a) In General.--The amount of workers compensation payable to a 
covered Department of Energy contractor employee, or the eligible 
survivors of a covered Department of Energy contractor employee, for an 
occupational illness or covered illness under section 3662 is the 
amount of workers' compensation to which the Department of Energy 
contractor employee, or the eligible survivors, respectively, would 
otherwise be entitled for the occupational illness or covered illness, 
as the case may be, under the appropriate State workers' compensation 
system.
    ``(b) Inapplicability of Certain State Workers' Compensation System 
Limitations.--The amount of workers' compensation to which a covered 
Department of Energy contractor employee would otherwise be entitled 
under subsection (a) shall be determined without regard to any 
requirements under the appropriate State workers' compensation system 
for each of the following:
            ``(1) Statutes of limitation, or other rules limiting 
        compensation to claims filed within a specified period after 
        last exposure to a toxic substance or after last employment by 
        an employer where the employee was exposed to a toxic 
        substance.
            ``(2) Exposure rules, including minimum periods of exposure 
        to toxic substances.
            ``(3) Causation rules more stringent that the standard in 
        section 3663(b).
            ``(4) Burdens of proof, quantum of proof standards, or both 
        more stringent than the standard in section 3663(b).
            ``(5) Return to work requirements, including obligations to 
        participate in vocational rehabilitation and medical 
        examinations connected with the ability to return to work.
            ``(6) Medical examinations in addition to medical 
        examinations required by the Secretary of Labor for the 
        application of section 3663 in determining causation or 
        required by the Secretary of Labor for the application of 
        subsection (c) in determining the amount of workers' 
        compensation payable.
    ``(c) Determination of Amount.--(1) The Secretary of Labor shall 
determine the amount of workers compensation payable to each covered 
Department of Energy contractor employee under section 3662.
    ``(2)(A) The Secretary may utilize the assistance of the workers' 
compensation system personnel of any State in making determinations 
under paragraph (1).
    ``(B) The utilization of assistance under subparagraph (A) shall be 
in accordance with an agreement entered into by the Secretary and the 
chief executive officer of the State concerned.
    ``(C) An agreement under subparagraph (B) may provide for the 
Secretary to reimburse the State concerned for the costs of the State 
in providing assistance under the agreement.
    ``(3)(A) The Secretary may utilize the services of physicians for 
purposes of making determinations under this subsection.
    ``(B) Any physicians utilized under subparagraph (A) shall possess 
appropriate expertise and experience in the evaluation and 
determination of the extent of permanent physical impairments.
    ``(C) The Secretary may secure the services of physicians under 
subparagraph (A) through the appointment of physicians or by contract.

``SEC. 3665. MEDICAL BENEFITS.

    ``(a) In General.--A Department of Energy contractor employee 
eligible for workers compensation for an occupational illness or 
covered illness under this subtitle shall be furnished medical benefits 
specified in section 3629 for the occupational illness or covered 
illness, as the case may be, 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.
    ``(b) Funding.--Amounts for payments for medical benefits under 
this section shall be derived from amounts authorized to be 
appropriated for such purpose under section 3670.

``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.

    ``(a) Status as Department of Energy Contractor Employee.--An 
individual may seek the review of a determination that the individual 
is not a Department of Energy contractor employee.
    ``(b) Eligibility and Amount of Workers Compensation.--A Department 
of Energy contractor employee may seek the review of any determination 
as follows:
            ``(1) A determination under section 3663(b) that the 
        Department of Energy contractor employee is not a covered 
        Department of Energy contractor employee.
            ``(2) A determination under 3664 of the amount of workers 
        compensation payable to the Department of Energy contractor 
        employee under section 3662.
    ``(c) Review.--(1) The review of a determination under subsection 
(a) or (b) shall be conducted by the Secretary of Labor in accordance 
with procedures applicable for the review of claims under sections 
30.310 through 30.320 of title 20, Code of Federal Regulations, or any 
successor regulations.
    ``(2)(A) The review of a determination under subsection (b)(1) 
shall include review by a physician or physician panel.
    ``(B) Each physician or physician on a panel under subparagraph (A) 
shall be a physician with experience and competency in diagnosing 
illnesses aggravated, contributed to, or caused by exposure to toxic 
substances.
    ``(C) The Secretary of Labor may investigate any allegation that a 
physician appointed under this paragraph has a conflict of interest. If 
the Secretary of Labor determines that a conflict of interest exists, 
the Secretary shall notify the Secretary of Health and Human Services, 
who shall review the allegation.
    ``(D) Each review by a physician or physician panel under 
subparagraph (A) shall be conducted in accordance with such procedures 
as the Secretary shall prescribe.
    ``(3)(A) The results of each review under this subsection shall be 
submitted to the Secretary.
    ``(B) The Secretary shall accept the results of any portion of a 
review under this subsection that consists of a review by a physician 
or physician panel under paragraph (2) unless there is substantial 
evidence to the contrary.
    ``(d) Reversal of Determinations.--Except as provided in subsection 
(c)(3)(B), the Secretary of Labor may vacate or reverse any 
determination described in subsection in subsection (a) or (b) if the 
Secretary determines, as the result of a review of such determination 
under subsection (c), that such determination was erroneous.

``SEC. 3667. ATTORNEY FEES.

    ``(a) In General.--Except as provided in subsection (b), the 
provisions of section 3648 shall apply to the availability of attorney 
fees for assistance on a claim under this subtitle to the same extent, 
and subject to the same conditions and limitations, that such 
provisions apply to the availability of attorney fees for assistance on 
a claim under subtitle B.
    ``(b) Attorney Fee Schedule.--(1) The Secretary of Labor may, by 
regulation, modify the application of section 3648 to the availability 
of attorney fees under this subtitle to establish a schedule for 
attorney fees under this subtitle that will ensure representation of 
claimants and appropriate compensation for such representation.
    ``(2) The amount of attorney fees for assistance on claims under 
the schedule of attorney fees shall take into appropriate account the 
nature and complexity of the legal issues involved in such claims and 
the procedural level at which assistance is given.

``SEC. 3668. ADMINISTRATIVE MATTERS.

    ``(a) In General.--The Secretary of Labor shall administer the 
provisions of this subtitle.
    ``(b) Contract Authority.--(1) The Secretary may enter into 
contracts with appropriate persons and entities in order to administer 
the provisions of this subtitle.
    ``(2) The authority of the Secretary to enter into contracts under 
this subtitle shall be effective in any fiscal year only to the extent 
and in such amount as are provided in advance in appropriations Acts.
    ``(c) Records.--(1)(A) The Secretary of Energy shall provide to the 
Secretary of Labor 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 the provisions of this 
subtitle by the Secretary of Labor, 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 of Energy and the Secretary of Labor jointly consider 
appropriate to facilitate their use by the Secretary of Labor for 
purposes of this subtitle.
    ``(2) The Secretary of Energy and the Secretary of Labor shall 
jointly undertake such actions as are appropriate to retrieve records 
applicable to the claims of Department of Energy contractor employees 
for workers compensation under this subtitle, including employment 
records, records of exposure to beryllium, radiation, silicon, or 
metals or volatile organic chemicals, and records regarding medical 
treatment.
    ``(d) Regulations.--The Secretary of Labor shall prescribe 
regulations necessary for the administration of the provisions of this 
subtitle.

``SEC. 3669. 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 assist individuals in making claims under this 
        subtitle.
            ``(2) To provide information on the benefits available 
        under this subtitle and on the requirements and procedures 
        applicable to the provision of such benefits.
            ``(3) To act as an advocate on behalf of individuals 
        seeking benefits under this subtitle.
            ``(4) 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.
            ``(5) 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.
            ``(C) Such recommendations as the Ombudsman considers 
        appropriate for the improvement of the practices of the 
        Department of Labor in administering this subtitle.
            ``(D) Such recommendations at the Ombudsman considers 
        appropriate for modifying the authorities and requirements of 
        this subtitle in order to better address the workers 
        compensation interests of covered Department of Energy 
        contractor employees and others, as determined by the 
        Ombudsman, meriting benefits under this subtitle.
    ``(3) No official of the Department of Labor, or of any other 
department or agency of the Federal Government, may require the review 
or approval of a report of the Ombudsman under this subsection before 
the submittal of such report to Congress.
    ``(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.

``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Labor for fiscal year 2005 and each 
fiscal year thereafter such sums as may be necessary in such fiscal 
year for--
            ``(1) the provision of compensation and benefits under this 
        subtitle; and
            ``(2) the administration of the provisions of this 
        subtitle.
    ``(b) Availability Without Fiscal Year Limitation.--Amounts 
authorized to be appropriated by subsection (a) shall remain available 
without fiscal year limitation.
    ``(c) Availability of Amounts Subject to Appropriations Acts.--The 
authority to provide compensation and benefits under this subtitle 
shall be effective in any fiscal year only to the extent and in such 
amounts as are provided in advance in appropriations Acts.''.
    (b) Conforming Amendment.--Section 3643 of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385b) 
is amended by striking ``The acceptance'' and inserting ``Except as 
provided in subtitle D, the acceptance''.
    (c) Regulations.--The Secretary of Labor shall prescribe the 
regulations required by section 3668(d) of the Energy Employees 
Occupational Illness Compensation Program Act of 2000, as amended by 
this section, not later than 120 days after the date of the enactment 
of this Act. The Secretary may prescribe interim final regulations 
necessary to meet the deadlines specified in the preceding sentence and 
subsection (d)(1).
    (d) Transition.--(1) The Secretary of Labor shall commence the 
administration of the provisions of subtitle D of the Energy Employees 
Occupational Illness Compensation Program Act of 2000, as amended by 
this section, not later than 180 days after the date of the enactment 
of this Act.
    (2) The Secretary of Energy and the Secretary of Labor shall 
jointly take such actions as are appropriate--
            (A) to identify the activities under subtitle D of the 
        Energy Employees Occupational Illness Compensation Program Act 
        of 2000, as in effect on the day before the date of the 
        enactment of this Act, that will continue under that subtitle, 
        as amended by this section, upon the commencement of the 
        administration of that subtitle, as so amended, by the 
        Secretary of Labor under paragraph (1); and
            (B) to ensure the continued discharge of such activities 
        until the commencement of the administration of that subtitle, 
        as so amended, by the Secretary of Labor under paragraph (1).
    (3)(A) In carrying out activities under paragraph (2), the 
Secretary of Energy shall only conduct a causation review on a claim if 
the claim is completely prepared and awaiting review as of the date of 
the enactment of this Act.
    (B) Activities under paragraph (2) on any claim covered by such 
activities that is not described by subparagraph (A) shall be carried 
out by the Secretary of Labor.
    (e) Provision of Records.--The Secretary of Energy shall, to the 
maximum extent practicable, complete the provision of records to the 
Secretary of Labor under section 3668(c)(1) of the Energy Employees 
Occupational Illness Compensation Program Act of 2000, as amended by 
this section, not later than 60 days after the date of the enactment of 
this Act.
    (f) Site Profiles.--(1)(A) The Secretary of Labor shall prepare a 
site profile for each of the 14 Department of Energy facilities that 
have received the most number of claims for compensation and benefits 
under subtitle D of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 as of the date of the enactment of 
this Act.
    (B) The Secretary of Labor shall prepare a site profile under 
subparagraph (A) utilizing the former worker medical screening programs 
of the Department of Energy.
    (2) If the Secretary of Labor determines that the preparation of a 
site profile for a facility cannot be performed under paragraph (1) 
because no worker medical screening activities occurred for the 
facility, or that preparation of the profile is otherwise 
impracticable, the site profile for the facility shall be prepared by 
the National Institute of Occupational Safety and Health.
    (3) All site profiles required by this subsection shall be 
completed not later than 210 days after the date of the enactment of 
this Act.
    (4) The Secretary of Energy shall provide the Secretary of Labor 
with any support that the Secretary of Labor considers necessary for 
carrying out this subsection.
    (5) In this subsection, the term ``site profile'', in the case of a 
Department of Energy facility, means an exposure assessment that--
            (A) identifies any processes and toxic substances used in 
        the facility;
            (B) establishes the times in which such toxic substances 
        were used in the facility; and
            (C) establishes the degree of exposure to such toxic 
        substances taking into account available records and studies 
        and information on such processes and toxic substances.
    (g) Sense of Congress.--It is the sense of Congress that the 
Secretary of Energy should--
            (1) adopt a policy not to oppose any final positive 
        determinations with respect to injured workers at Department of 
        Energy facilities and atomic weapons employer facilities under 
        State adjudication systems unless such determinations are 
        frivolous; and
            (2) incorporate the policy referred to in paragraph (1) in 
        all Department of Energy contracts with non-Federal government 
        entities to which such policy could apply.
    (h) Funding for Administration in Fiscal Year 2005.--(1) Of the 
amount authorized to be appropriated for fiscal year 2005 by section 
3102(a)(1) for environmental management for defense site acceleration 
completion, $2,000,000 shall be available for purposes of the 
administration of the provisions of subtitle D of the Energy Employees 
Occupational Illness Compensation Program Act of 2000, as amended by 
this section, during fiscal year 2005.
    (2) The Secretary of Energy shall transfer to the Secretary of 
Labor the amount available under paragraph (1) for the purposes 
specified in that paragraph.
    (3) The Secretary of Labor shall utilize amounts transferred to the 
Secretary under paragraph (2) for the purposes specified in paragraph 
(1).

SEC. 3154. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF ENERGY 
              EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

    Notwithstanding any other provision of this Act, section 3143, 
relating to enhancements of the Energy Employees Occupational Illness 
Compensation Program, shall have no force or effect, and the amendments 
specified in such section shall not be made.

SEC. 3155. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY EMPLOYEES 
              UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION 
              PROGRAM IN WESTERN NEW YORK AND WESTERN PENNSYLVANIA 
              REGION.

    (a) Findings.--The Senate 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 Senate.--It is the sense of the Senate to encourage 
the Office of Ombudsman of the Department of Labor, as established by 
section 3669 of the Energy Employees Occupational Illness Compensation 
Program Act of 2000 (as amended by section 3163 of this Act), to--
            (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.

SEC. 3156. REVIEW BY CONGRESS OF INDIVIDUALS DESIGNATED BY PRESIDENT AS 
              MEMBERS OF COHORT.

    Section 3621(14)(C)(ii) of that Act (42 U.S.C. 10 7384l(14)(C)(ii)) 
is amended by striking ``180 days'' and inserting ``60 days.''

SEC. 3157. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS PROGRAM WORKERS 
              IN SPECIAL EXPOSURE COHORT UNDER THE ENERGY EMPLOYEES 
              OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

    (a) Findings.--Congress makes the following findings:
            (1) Energy workers at the former Mallinkrodt facilities 
        (including the St. Louis downtown facility and the Weldon 
        Springs facility) were exposed to levels of radionuclides and 
        radioactive materials that were much greater than the current 
        maximum allowable Federal standards.
            (2) The Mallinkrodt workers at the St. Louis site were 
        exposed to excessive levels of airborne uranium dust relative 
        to the standards in effect during the time, and many workers 
        were exposed to 200 times the preferred levels of exposure.
            (3)(A) The chief safety officer for the Atomic Energy 
        Commission during the Mallinkrodt-St. Louis operations 
        described the facility as 1 of the 2 worst plants with respect 
        to worker exposures.
            (B) Workers were excreting in excess of a milligram of 
        uranium per day causing kidney damage.
            (C) A recent epidemiological study found excess levels of 
        nephritis and kidney cancer from inhalation of uranium dusts.
            (4) The Department of Energy has admitted that those 
        Mallinkrodt workers were subjected to risks and had their 
        health endangered as a result of working with these highly 
        radioactive materials.
            (5) The Department of Energy reported that workers at the 
        Weldon Springs feed materials plant handled plutonium and 
        recycled uranium, which are highly radioactive.
            (6) The National Institute of Occupational Safety and 
        Health admits that--
                    (A) the operations at the St. Louis downtown site 
                consisted of intense periods of processing extremely 
                high levels of radionuclides; and
                    (B) the Institute has virtually no personal 
                monitoring data for Mallinkrodt workers prior to 1948.
            (7) The National Institute of Occupational Safety and 
        Health has informed claimants and their survivors at those 3 
        Mallinkrodt sites that if they are not interviewed as a part of 
        the dose reconstruction process, it--
                    (A) would hinder the ability of the Institute to 
                conduct dose reconstruction for the claimant; and
                    (B) may result in a dose reconstruction that 
                incompletely or inaccurately estimates the radiation 
                dose to which the energy employee named in the claim 
                had been exposed.
            (8) Energy workers at the Iowa Army Ammunition Plant (also 
        known as the Burlington Atomic Energy Commission Plant and the 
        Iowa Ordnance Plant) between 1947 and 1975 were exposed to 
        levels of radionuclides and radioactive material, including 
        enriched uranium, plutonium, tritium, and depleted uranium, in 
        addition to beryllium and photon radiation, that are greater 
        than the current maximum Federal standards for exposure.
            (9) According to the National Institute of Occupational 
        Safety and Health--
                    (A) between 1947 and 1975, no records, including 
                bioassays or air samples, have been located that 
                indicate any monitoring occurred of internal doses of 
                radiation to which workers described in paragraph (8) 
                were exposed;
                    (B) between 1947 and 1955, no records, including 
                dosimetry badges, have been located to indicate that 
                any monitoring occurred of the external doses of 
                radiation to which such workers were exposed;
                    (C) between 1955 and 1962, records indicate that 
                only 8 to 23 workers in a workforce of over 1,000 were 
                monitored for external radiation doses; and
                    (D) between 1970 and 1975, the high point of 
                screening at the Iowa Army Ammunition Plant, only 25 
                percent of the workforce was screened for exposure to 
                external radiation.
            (10) The Department of Health and Human Services published 
        the first notice of proposed rulemaking concerning the Special 
        Exposure Cohort on June 25, 2002, and the final rule published 
        on May 26, 2004.
            (11) Many of those former workers have died while waiting 
        for the proposed rule to be finalized, including some claimants 
        who were waiting for dose reconstruction to be completed.
            (12) Because of the aforementioned reasons, including the 
        serious lack of records and the death of many potential 
        claimants, it is not feasible to conduct valid dose 
        reconstructions for the Iowa Army Ammunition Plant facility or 
        the Mallinkrodt facilities.
    (b) Inclusion of Certain Former Workers in Cohort.--Section 
3621(14) 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(14)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
                    ``(C) Subject to the provisions of section 3612A 
                and section 3146(e) of the National Defense 
                Authorization Act for Fiscal Year 2005, the employee 
                was so employed for a number of work days aggregating 
                at least 45 workdays at a facility operated under 
                contract to the Department of Energy by Mallinkrodt 
                Incorporated or its successors (including the St. Louis 
                downtown or `Destrehan' facility during any of calendar 
                years 1942 through 1958 and the Weldon Springs feed 
                materials plant facility during any of calendar years 
                1958 through 1966), or at a facility operated by the 
                Department of Energy or under contract by Mason & 
                Hangar-Silas Mason Company at the Iowa Army Ammunition 
                Plant (also known as the Burlington Atomic Energy 
                Commission Plant and the Iowa Ordnance Plant) during 
                any of the calendar years 1947 through 1975, and during 
                the employment--
                            ``(i)(I) was monitored through the use of 
                        dosimetry badges for exposure at the plant of 
                        the external parts of an employee's body to 
                        radiation; or
                            ``(II) was monitored through the use of 
                        bioassays, in vivo monitoring, or breath 
                        samples for exposure at the plant to internal 
                        radiation; or
                            ``(ii) worked in a job that had exposures 
                        comparable to a job that is monitored, or 
                        should have been monitored, under standards of 
                        the Department of Energy in effect on the date 
                        of enactment of this subparagraph through the 
                        use of dosimetry badges for monitoring external 
                        radiation exposures, or bioassays, in vivo 
                        monitoring, or breath samples for internal 
                        radiation exposures, at a facility.''.
    (c) Funding of Compensation and Benefits.--(1) Such Act is further 
amended by inserting after section 3612 the following new section:

``SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS FOR CERTAIN MEMBERS 
              OF THE SPECIAL EXPOSURE COHORT.

    ``(a) Authorization of Appropriations.--There is hereby authorized 
to be appropriated to the Department of Labor for each fiscal year 
after fiscal year 2004 such sums as may be necessary for the provision 
of compensation and benefits under the compensation program for members 
of the Special Exposure Cohort described in section 3621(14)(C) in such 
fiscal year.
    ``(b) Prohibition on Use for Administrative Costs.--(1) No amount 
authorized to be appropriated by subsection (a) may be utilized for 
purposes of carrying out the compensation program for the members of 
the Special Exposure Cohort referred to in that subsection or 
administering the amount authorized to be appropriated by subsection 
(a).
    ``(2) Amounts for purposes described in paragraph (1) shall be 
derived from amounts authorized to be appropriated by section 3614(a).
    ``(c) Provision of Compensation and Benefits Subject to 
Appropriations Acts.--The provision of compensation and benefits under 
the compensation program for members of the Special Exposure Cohort 
referred to in subsection (a) in any fiscal year shall be subject to 
the availability of appropriations for that purpose for such fiscal 
year and to applicable provisions of appropriations Acts.''.
    (2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) is amended--
            (A) by inserting ``(1)'' before ``Subject''; and
            (B) by adding at the end the following new paragraph:
    ``(2) Amounts for the provision of compensation and benefits under 
the compensation program for members of the Special Exposure Cohort 
described in section 3621(14)(C) may be derived from amounts authorized 
to be appropriated by section 3612A(a).''.
    (d) Offset.--The total amount authorized to be appropriated under 
subtitle A of this title is hereby reduced by $61,000,000.
    (e) Certification.--Funds shall be available to pay claims approved 
by the National Institute of Occupational Safety and Health for a 
facility by reason of section 3621(14)(C) of the Energy Employees 
Occupational Illness Compensation Program Act of 2000, as amended by 
subsection (b)(2), if the Director of the National Institute of 
Occupational Safety and Health certifies with respect to such facility 
each of the following:
            (1) That no atomic weapons work or related work has been 
        conducted at such facility after 1976.
            (2) That fewer than 50 percent of the total number of 
        workers engaged in atomic weapons work or related work at such 
        facility were accurately monitored for exposure to internal and 
        external ionizing radiation during the term of their 
        employment.
            (3) That individual internal and external exposure records 
        for employees at such facility are not available, or the 
        exposure to radiation of at least 40 percent of the exposed 
        workers at such facility cannot be determined from the 
        individual internal and external exposure records that are 
        available.
    (f) Sense of the Senate.--It is the sense of the Senate that all  
employees who are eligible to apply for benefits under the compensation 
program established by the Energy Employees Occupational Illness 
Compensation Act should be treated fairly and equitably with regard to 
inclusion under the special exposure cohort provisions of this Act.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2005, 
$21,268,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

SEC. 3301. 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.--After the 
disposal of ferromanganese authorized by subsection (a)--
            (1) the Secretary may dispose of up to an additional 25,000 
        tons of ferromanganese from the National Defense Stockpile 
        before September 30, 2005; and
            (2) if the Secretary completes the disposal authorized 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 may dispose of ferromanganese 
under paragraph (1) or (2) of subsection (b) only if the Secretary, 
with the concurrence of the Secretary of Commerce, certifies to the 
congressional defense committees not later than 30 days before the 
commencement of disposal under the applicable paragraph that--
            (1) the disposal of ferromanganese under such paragraph is 
        in the national interest due to extraordinary circumstances in 
        markets for ferromanganese;
            (2) the disposal of ferromanganese under such paragraph 
        will not cause undue harm to domestic manufacturers of 
        ferroalloys; and
            (3) the disposal of ferromanganese under such paragraph is 
        consistent with the requirements and purpose of the National 
        Defense Stockpile under the Strategic and Critical Materials 
        Stock Piling Act (50 U.S.C. 98 et seq.).
    (d) Delegation of Responsibility.--The Secretary of Defense and the 
Secretary of Commerce may each delegate the responsibility of such 
Secretary under subsection (c) to an appropriate official within the 
Department of Defense or the Department of Commerce, as the case may 
be.
    (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. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR CERTAIN 
              PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE 
              STOCKPILE.

    Section 3303(a) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (50 U.S.C. 98d note) is 
amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) $870,000,000 by the end of fiscal year 2014.''.

SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN FACILITIES.

    (a) Prohibition.--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--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT.

SEC. 3401. SHORT TITLE.

    This title may be cited as the ``Local Law Enforcement Enhancement 
Act of 2004''.

SEC. 3402. FINDINGS.

    Congress makes the following findings:
            (1) The incidence of violence motivated by the actual or 
        perceived race, color, religion, national origin, gender, 
        sexual orientation, or disability of the victim poses a serious 
        national problem.
            (2) Such violence disrupts the tranquility and safety of 
        communities and is deeply divisive.
            (3) State and local authorities are now and will continue 
        to be responsible for prosecuting the overwhelming majority of 
        violent crimes in the United States, including violent crimes 
        motivated by bias. These authorities can carry out their 
        responsibilities more effectively with greater Federal 
        assistance.
            (4) Existing Federal law is inadequate to address this 
        problem.
            (5) The prominent characteristic of a violent crime 
        motivated by bias is that it devastates not just the actual 
        victim and the family and friends of the victim, but frequently 
        savages the community sharing the traits that caused the victim 
        to be selected.
            (6) Such violence substantially affects interstate commerce 
        in many ways, including--
                    (A) by impeding the movement of members of targeted 
                groups and forcing such members to move across State 
                lines to escape the incidence or risk of such violence; 
                and
                    (B) by preventing members of targeted groups from 
                purchasing goods and services, obtaining or sustaining 
                employment, or participating in other commercial 
                activity.
            (7) Perpetrators cross State lines to commit such violence.
            (8) Channels, facilities, and instrumentalities of 
        interstate commerce are used to facilitate the commission of 
        such violence.
            (9) Such violence is committed using articles that have 
        traveled in interstate commerce.
            (10) For generations, the institutions of slavery and 
        involuntary servitude were defined by the race, color, and 
        ancestry of those held in bondage. Slavery and involuntary 
        servitude were enforced, both prior to and after the adoption 
        of the 13th amendment to the Constitution of the United States, 
        through widespread public and private violence directed at 
        persons because of their race, color, or ancestry, or perceived 
        race, color, or ancestry. Accordingly, eliminating racially 
        motivated violence is an important means of eliminating, to the 
        extent possible, the badges, incidents, and relics of slavery 
        and involuntary servitude.
            (11) Both at the time when the 13th, 14th, and 15th 
        amendments to the Constitution of the United States were 
        adopted, and continuing to date, members of certain religious 
        and national origin groups were and are perceived to be 
        distinct ``races''. Thus, in order to eliminate, to the extent 
        possible, the badges, incidents, and relics of slavery, it is 
        necessary to prohibit assaults on the basis of real or 
        perceived religions or national origins, at least to the extent 
        such religions or national origins were regarded as races at 
        the time of the adoption of the 13th, 14th, and 15th amendments 
        to the Constitution of the United States.
            (12) Federal jurisdiction over certain violent crimes 
        motivated by bias enables Federal, State, and local authorities 
        to work together as partners in the investigation and 
        prosecution of such crimes.
            (13) The problem of crimes motivated by bias is 
        sufficiently serious, widespread, and interstate in nature as 
        to warrant Federal assistance to States and local 
        jurisdictions.

SEC. 3403. DEFINITION OF HATE CRIME.

    In this title, the term ``hate crime'' has the same meaning as in 
section 280003(a) of the Violent Crime Control and Law Enforcement Act 
of 1994 (28 U.S.C. 994 note).

SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY 
              STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.

    (a) Assistance Other Than Financial Assistance.--
            (1) In general.--At the request of a law enforcement 
        official of a State or Indian tribe, the Attorney General may 
        provide technical, forensic, prosecutorial, or any other form 
        of assistance in the criminal investigation or prosecution of 
        any crime that--
                    (A) constitutes a crime of violence (as defined in 
                section 16 of title 18, United States Code);
                    (B) constitutes a felony under the laws of the 
                State or Indian tribe; and
                    (C) is motivated by prejudice based on the race, 
                color, religion, national origin, gender, sexual 
                orientation, or disability of the victim, or is a 
                violation of the hate crime laws of the State or Indian 
                tribe.
            (2) Priority.--In providing assistance under paragraph (1), 
        the Attorney General shall give priority to crimes committed by 
        offenders who have committed crimes in more than 1 State and to 
        rural jurisdictions that have difficulty covering the 
        extraordinary expenses relating to the investigation or 
        prosecution of the crime.
    (b) Grants.--
            (1) In general.--The Attorney General may award grants to 
        assist State, local, and Indian law enforcement officials with 
        the extraordinary expenses associated with the investigation 
        and prosecution of hate crimes.
            (2) Office of justice programs.--In implementing the grant 
        program, the Office of Justice Programs shall work closely with 
        the funded jurisdictions to ensure that the concerns and needs 
        of all affected parties, including community groups and 
        schools, colleges, and universities, are addressed through the 
        local infrastructure developed under the grants.
            (3)  Application.--
                    (A) In general.--Each State that desires a grant 
                under this subsection shall submit an application to 
                the Attorney General at such time, in such manner, and 
                accompanied by or containing such information as the 
                Attorney General shall reasonably require.
                    (B) Date for submission.--Applications submitted 
                pursuant to subparagraph (A) shall be submitted during 
                the 60-day period beginning on a date that the Attorney 
                General shall prescribe.
                    (C) Requirements.--A State or political subdivision 
                of a State or tribal official applying for assistance 
                under this subsection shall--
                            (i) describe the extraordinary purposes for 
                        which the grant is needed;
                            (ii) certify that the State, political 
                        subdivision, or Indian tribe lacks the 
                        resources necessary to investigate or prosecute 
                        the hate crime;
                            (iii) demonstrate that, in developing a 
                        plan to implement the grant, the State, 
                        political subdivision, or tribal official has 
                        consulted and coordinated with nonprofit, 
                        nongovernmental victim services programs that 
                        have experience in providing services to 
                        victims of hate crimes; and
                            (iv) certify that any Federal funds 
                        received under this subsection will be used to 
                        supplement, not supplant, non-Federal funds 
                        that would otherwise be available for 
                        activities funded under this subsection.
            (4) Deadline.--An application for a grant under this 
        subsection shall be approved or disapproved by the Attorney 
        General not later than 30 business days after the date on which 
        the Attorney General receives the application.
            (5) Grant amount.--A grant under this subsection shall not 
        exceed $100,000 for any single jurisdiction within a 1 year 
        period.
            (6) Report.--Not later than December 31, 2005, the Attorney 
        General shall submit to Congress a report describing the 
        applications submitted for grants under this subsection, the 
        award of such grants, and the purposes for which the grant 
        amounts were expended.
            (7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2005 and 2006.

SEC. 3405. GRANT PROGRAM.

    (a) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall award grants, in accordance with such 
regulations as the Attorney General may prescribe, to State and local 
programs designed to combat hate crimes committed by juveniles, 
including programs to train local law enforcement officers in 
identifying, investigating, prosecuting, and preventing hate crimes.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 3406. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND 
              LOCAL LAW ENFORCEMENT.

    There are authorized to be appropriated to the Department of the 
Treasury and the Department of Justice, including the Community 
Relations Service, for fiscal years 2005, 2006, and 2007 such sums as 
are necessary to increase the number of personnel to prevent and 
respond to alleged violations of section 249 of title 18, United States 
Code, as added by section __07.

SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS.

    (a) In General.--Chapter 13 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 249. Hate crime acts
    ``(a) In General.--
            ``(1) Offenses involving actual or perceived race, color, 
        religion, or national origin.--Whoever, whether or not acting 
        under color of law, willfully causes bodily injury to any 
        person or, through the use of fire, a firearm, or an explosive 
        or incendiary device, attempts to cause bodily injury to any 
        person, because of the actual or perceived race, color, 
        religion, or national origin of any person--
                    ``(A) shall be imprisoned not more than 10 years, 
                fined in accordance with this title, or both; and
                    ``(B) shall be imprisoned for any term of years or 
                for life, fined in accordance with this title, or both, 
                if--
                            ``(i) death results from the offense; or
                            ``(ii) the offense includes kidnaping or an 
                        attempt to kidnap, aggravated sexual abuse or 
                        an attempt to commit aggravated sexual abuse, 
                        or an attempt to kill.
            ``(2) Offenses involving actual or perceived religion, 
        national origin, gender, sexual orientation, or disability.--
                    ``(A) In general.--Whoever, whether or not acting 
                under color of law, in any circumstance described in 
                subparagraph (B), willfully causes bodily injury to any 
                person or, through the use of fire, a firearm, or an 
                explosive or incendiary device, attempts to cause 
                bodily injury to any person, because of the actual or 
                perceived religion, national origin, gender, sexual 
                orientation, or disability of any person--
                            ``(i) shall be imprisoned not more than 10 
                        years, fined in accordance with this title, or 
                        both; and
                            ``(ii) shall be imprisoned for any term of 
                        years or for life, fined in accordance with 
                        this title, or both, if--
                                    ``(I) death results from the 
                                offense; or
                                    ``(II) the offense includes 
                                kidnaping or an attempt to kidnap, 
                                aggravated sexual abuse or an attempt 
                                to commit aggravated sexual abuse, or 
                                an attempt to kill.
                    ``(B) Circumstances described.--For purposes of 
                subparagraph (A), the circumstances described in this 
                subparagraph are that--
                            ``(i) the conduct described in subparagraph 
                        (A) occurs during the course of, or as the 
                        result of, the travel of the defendant or the 
                        victim--
                                    ``(I) across a State line or 
                                national border; or
                                    ``(II) using a channel, facility, 
                                or instrumentality of interstate or 
                                foreign commerce;
                            ``(ii) the defendant uses a channel, 
                        facility, or instrumentality of interstate or 
                        foreign commerce in connection with the conduct 
                        described in subparagraph (A);
                            ``(iii) in connection with the conduct 
                        described in subparagraph (A), the defendant 
                        employs a firearm, explosive or incendiary 
                        device, or other weapon that has traveled in 
                        interstate or foreign commerce; or
                            ``(iv) the conduct described in 
                        subparagraph (A)--
                                    ``(I) interferes with commercial or 
                                other economic activity in which the 
                                victim is engaged at the time of the 
                                conduct; or
                                    ``(II) otherwise affects interstate 
                                or foreign commerce.
    ``(b) Certification Requirement.--No prosecution of any offense 
described in this subsection may be undertaken by the United States, 
except under the certification in writing of the Attorney General, the 
Deputy Attorney General, the Associate Attorney General, or any 
Assistant Attorney General specially designated by the Attorney General 
that--
            ``(1) he or she has reasonable cause to believe that the 
        actual or perceived race, color, religion, national origin, 
        gender, sexual orientation, or disability of any person was a 
        motivating factor underlying the alleged conduct of the 
        defendant; and
            ``(2) he or his designee or she or her designee has 
        consulted with State or local law enforcement officials 
        regarding the prosecution and determined that--
                    ``(A) the State does not have jurisdiction or does 
                not intend to exercise jurisdiction;
                    ``(B) the State has requested that the Federal 
                Government assume jurisdiction;
                    ``(C) the State does not object to the Federal 
                Government assuming jurisdiction; or
                    ``(D) the verdict or sentence obtained pursuant to 
                State charges left demonstratively unvindicated the 
                Federal interest in eradicating bias-motivated 
                violence.
    ``(c) Definitions.--In this section--
            ``(1) the term `explosive or incendiary device' has the 
        meaning given the term in section 232 of this title; and
            ``(2) the term `firearm' has the meaning given the term in 
        section 921(a) of this title.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
13 of title 18, United States Code, is amended by adding at the end the 
following:

``249. Hate crime acts.''.

SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION.

    (a) Amendment of Federal Sentencing Guidelines.--Pursuant to the 
authority provided under section 994 of title 28, United States Code, 
the United States Sentencing Commission shall study the issue of adult 
recruitment of juveniles to commit hate crimes and shall, if 
appropriate, amend the Federal sentencing guidelines to provide 
sentencing enhancements (in addition to the sentencing enhancement 
provided for the use of a minor during the commission of an offense) 
for adult defendants who recruit juveniles to assist in the commission 
of hate crimes.
    (b) Consistency With Other Guidelines.--In carrying out this 
section, the United States Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishments for substantially the 
        same offense.

SEC. 3409. STATISTICS.

    Subsection (b)(1) of the first section of the Hate Crimes 
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender,'' 
after ``race,''.

SEC. 3410. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this 
title, the amendments made by this title, and the application of the 
provisions of such to any person or circumstance shall not be affected 
thereby.

                TITLE XXXV--ASSISTANCE TO FIREFIGHTERS.

SEC. 3501. SHORT TITLE.

    This title may be cited as the ``Assistance to Firefighters Act of 
2004''.

SEC. 3502. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR FIREFIGHTER 
              ASSISTANCE PROGRAM.

    (a) In General.--Subsection (b)(1) of section 33 of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended by 
striking ``Director'' in the matter preceding subparagraph (A) and 
inserting ``Secretary of Homeland Security, in consultation with the 
Administrator,''.
    (b) Conforming Amendment.--Such section is further amended by 
striking ``Director'' each place it appears and inserting ``Secretary 
of Homeland Security''.
    (c) Technical Amendment.--The heading of subsection (b)(8) of such 
section is amended by striking ``Director'' and inserting 
``Secretary''.

SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE ORGANIZATIONS.

    (a) Authority To Award Grants to Volunteer Emergency Medical 
Service Squads.--Paragraph (1)(A) of section 33(b) of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended by 
inserting ``or to volunteer emergency medical service organizations'' 
after ``fire departments''.
    (b) Use of Grant Funds.--Paragraph (3)(F) of such section is 
amended by inserting ``or volunteer emergency medical service 
organizations that are not affiliated with a for-profit entity'' after 
``fire departments''.
    (c) Special Rule for Applications for Volunteer Emergency Medical 
Services.--Paragraph (5) of such section is amended by adding at the 
end, the following new subparagraph:
                    ``(C) Special rule for volunteer emergency medical 
                services.--The Secretary of Homeland Security shall 
                permit an applicant seeking grant funds for volunteer 
                emergency medical services under paragraph (3)(F) to 
                use the same application form to seek grant funds for 
                one or more of the other purposes set out in 
                subparagraphs (A) through (O) of paragraph (3).''.

SEC. 3504. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR DEVICES.

    Paragraph (3) of section 33(b) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229(b)) is amended by adding at the end 
the following new subparagraph:
                    ``(O) To obtain automated external defibrillator 
                devices.''.

SEC. 3405. CRITERIA FOR REVIEWING GRANT APPLICATIONS.

    Paragraph (2) of section 33(b) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229(b)) is amended to read as follows:
            ``(2) Criteria and review of applications.--
                    ``(A) Preliminary review criteria.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security shall establish specific 
                        criteria for the preliminary review of an 
                        application submitted under this section. If an 
                        application does not meet such criteria, the 
                        application may not receive further 
                        consideration for a grant under this section.
                            ``(ii) Annual review of criteria.--Not less 
                        often than once each year, the Secretary of 
                        Homeland Security, in consultation with the 
                        Administrator, shall convene a meeting of 
                        individuals who are members of a fire service 
                        and are recognized for expertise in 
                        firefighting or in emergency medical services 
                        provided by fire services, and who are not 
                        employees of the Federal Government for the 
                        purpose of reviewing and proposing changes to 
                        the criteria established under clause (i).
                    ``(B) Selection through review by experts.--
                            ``(i) Requirement for review.--The 
                        Secretary of Homeland Security shall award 
                        grants under this section based on the review 
                        of applications for such grants by a panel of 
                        fire service personnel appointed by a national 
                        organization recognized for expertise in the 
                        operation and administration of fire services.
                            ``(ii) Role of the secretary.--The 
                        Secretary of Homeland Security shall provide 
                        for the administration of the review panel 
                        described in clause (i) and shall ensure that 
                        an individual appointed to such panel is a 
                        recognized expert in firefighting, medical 
                        services provided by fire services, fire 
                        prevention, or research on firefighter 
                        safety.''.

SEC. 3506. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY PROGRAMS.

    (a) Authority.--Paragraph (1)(B) of section 33(b) of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended 
by inserting ``and firefighter safety'' after ``prevention''.
    (b) Expansion of Existing Program.--
            (1) Firefighter safety assistance.--Paragraph (4) of such 
        section is amended--
                    (A) in subparagraph (A)(ii), by striking 
                ``organizations that are recognized'' and all that 
                follows and inserting ``organizations eligible under 
                subparagraph (B) for the purposes described in 
                subparagraph (C).''; and
                    (B) by striking subparagraph (B), and inserting the 
                following new subparagraphs:
                    ``(B) Eligibility for assistance.--An organization 
                may be eligible for assistance under subparagraph 
                (A)(ii), if such organization is a national, State, 
                local, or community organization that is not a fire 
                service and that is recognized for experience and 
                expertise with respect to programs and activities that 
                promote--
                            ``(i) fire prevention or fire safety; or
                            ``(ii) the health and safety of 
                        firefighting personnel.
                    ``(C) Use of funds.--Assistance provided under 
                subparagraph (A)(ii) shall be used--
                            ``(i) to carry out fire prevention 
                        programs; or
                            ``(ii) to fund research to improve the 
                        health and safety of firefighting personnel.
                    ``(D) Priority.--In selecting organizations 
                described in subparagraph (B) to receive assistance 
                under this paragraph, the Secretary of Homeland 
                Security shall give priority--
                            ``(i) to organizations that focus on 
                        preventing injuries from fire to members of 
                        groups at high risk of such injuries, with an 
                        emphasis on children; and
                            ``(ii) to organizations that focus on 
                        researching methods to improve the health and 
                        safety of firefighting personnel.
                    ``(E) Allocation of funds.--Not less than 66 
                percent of the total amount of funds made available in 
                a fiscal year to carry out this paragraph shall be made 
                available of the programs described in subparagraph 
                (A)(ii).''.
            (2) Conforming amendment.--The heading of such paragraph is 
        amended to read as follows:
            ``(4) Fire prevention and firefighter safety programs.--''.
    (c) Availability of Funds for Fire Prevention and Firefighter 
Safety Programs.--Paragraph (4)(A) of such section, as amended by 
subsection (b), is further amended in the matter preceding clause (i), 
by striking ``5 percent'' and inserting ``6 percent''.

SEC. 3507. ASSISTANCE FOR APPLICATIONS.

    Paragraph (5) of section 33(b) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229(b)), as amended by section 3(c), is 
further amended by adding at the end the following new subparagraph:
                    ``(D) Assistance to prepare an application.--The 
                Secretary of Homeland Security shall provide assistance 
                with the preparation of applications for grants under 
                this section.''.

SEC. 3508. REDUCED REQUIREMENTS FOR MATCHING FUNDS.

    (a) Amount Required.--Paragraph (6) of section 33(b) of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended 
by striking subparagraphs (A) and (B) and inserting the following:
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary of Homeland Security 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; or
                            ``(ii) serve jurisdictions of 20,000 or 
                        fewer residents, the percent applied under the 
                        matching requirement of subparagraph (A) shall 
                        be 5 percent.''.
    (b) Exception.--Such paragraph, as amended by subsection (a), is 
further amended by adding at the end the following new subparagraph:
                    ``(C) Exception.--No matching funds may be required 
                under this subsection for assistance provided under 
                subparagraph (A)(ii) of paragraph (4) to an 
                organization described in subparagraph (B) of such 
                paragraph.''.
    (c) Special Rule for Requests for Automated External Defibrillator 
Devices.--Section 33(b) of such Act is further amended by adding at the 
end the following new paragraph:
            ``(13) Special rules for grants for automated external 
        defibrillator devices.--
                    ``(A) Limitations.--The Secretary of Homeland 
                Security shall reduce the percentage of non-Federal 
                matching funds for a grant as described in subparagraph 
                (B) if--
                            ``(i) the applicant is requesting grant 
                        funds to obtain one or more automated external 
                        defibrillator devices, as authorized by 
                        paragraph (3)(O);
                            ``(ii) the award of such grant will result 
                        in the applicant possessing exactly one such 
                        device for each first-due emergency vehicle 
                        operated by the applicant;
                            ``(iii) the applicant certifies to the 
                        Secretary of Homeland Security that the 
                        applicant possesses, at the time such 
                        application is filed, a number of such devices 
                        that is less than the number of first-due 
                        emergency vehicles operated by the applicant 
                        and that the applicant is capable of storing, 
                        in a manner conducive to rapid use, such 
                        devices on each such vehicle; and
                            ``(iv) the applicant has not previously 
                        received a grant under this subsection to 
                        obtain such devices.
                    ``(B) Matching requirements.--If an applicant meets 
                the criteria set out in clauses (i), (ii), (iii), and 
                (iv) of subparagraph (A), the Secretary of Homeland 
                Security shall reduce the percentage of non-Federal 
                matching funds required by paragraph (6) by 2 
                percentage points for all assistance requested in the 
                application submitted by such applicant.
                    ``(C) First-due defined.--In this paragraph, the 
                term `first-due' means the firefighting and emergency 
                medical services vehicles that are utilized by a fire 
                service for immediate response to an emergency 
                situation.''.

SEC. 3509. GRANT RECIPIENT LIMITATIONS.

    (a) Limitations on Grant Amounts.--Subparagraph (A) of section 
33(b)(10) of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229(b)(10)) is amended to read as follows:
                    ``(A) Limitations on grant amount.--
                            ``(i) General limitation.--Subject to 
                        clause (ii), a recipient of assistance under 
                        this section may not receive in a fiscal year 
                        an amount of such assistance that exceeds the 
                        greater of $2,250,000 or the amount equal to 
                        0.5 percent of the total amount of funds 
                        appropriated for such assistance for such 
                        fiscal year.
                            ``(ii) Limitations on basis of 
                        population.--Subject to clause (iii), a 
                        recipient of assistance under this section that 
                        serves a jurisdiction of less than 1,000,000 
                        individuals may not receive more than 
                        $1,500,000 of such assistance for a fiscal 
                        year, except that such a recipient that serves 
                        a jurisdiction of less than 500,000 individuals 
                        may not receive more than $1,000,000 of such 
                        assistance during a fiscal year.
                            ``(iii) Waiver.--With respect to assistance 
                        provided in a fiscal year before fiscal year 
                        2007, the Secretary of Homeland Security, in 
                        consultation with the Administrator, may waive 
                        the limitations set out in clause (ii) if the 
                        Secretary determines that a waiver is warranted 
                        by an extraordinary need for assistance for 
                        fire suppression activities by a jurisdiction, 
                        whether such need is caused by the likelihood 
                        of terrorist attack, natural disaster, 
                        destructive fires occurring over a large 
                        geographic area, or some other cause.''.
    (b) Limitations on Grants for Volunteer Emergency Medical 
Services.--Such section, as amended by subsection (a), is further 
amended by adding at the end the following new subparagraph:
                    ``(C) Limitations on expenditures for volunteer 
                emergency medical services.--Not more than 3.5 percent 
                of the funds appropriated to provide grants under this 
                section for a fiscal year may be awarded to volunteer 
                emergency medical service organizations.''.

SEC. 3510. OTHER CONSIDERATIONS.

    Section 33(b) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229(b)), as amended by section 8, is amended by adding 
at the end the following new paragraph:
            ``(14) Other considerations.--In providing assistance under 
        this section, the Secretary of Homeland Security shall--
                    ``(A) consider the extent to which the recipient of 
                such assistance is able to enhance the daily operations 
                of a fire service and to improve the protection of 
                people and property from fire; and
                    ``(B) ensure that such assistance awarded to a 
                volunteer emergency medical service organization will 
                not be used to provide emergency medical services in a 
                geographic area if such services are adequately 
                provided by a fire service in such area.''.

SEC. 3511. REPORTS TO CONGRESS.

    (a) Study and Report on Assistance to Firefighters.--
            (1) Study.--The Secretary, in conjunction with the National 
        Fire Protection Association, shall conduct a study--
                    (A) to assess the types of activities that are 
                carried out by fire services;
                    (B) to determine whether the level of Federal 
                funding made available to fire services is adequate;
                    (C) to assess categories of services, including 
                emergency medical services, that are not adequately 
                provided by fire services on either the national or 
                State level; and
                    (D) to measure the effect, if any, of the 
                assistance provided under section 33 of the Federal 
                Fire Prevention and Control Act of 1974 (15 U.S.C. 
                2229) on the needs of 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 (as enacted into law by Public Law 
                106-398; 114 Stat. 1654A-363).
            (2) Report.--Not later than 18 months after the date of the 
        enactment of this Act, the Secretary shall submit to Congress a 
        report on the findings of the study described in paragraph (1).
    (b) Report by GAO.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on--
            (1) the administration of the assistance provided under 
        section 33 of the Federal Fire Prevention and Control Act of 
        1974 (15 U.S.C. 2229); and
            (2) the success of the Secretary in administering the 
        Federal Emergency Management Agency.
    (c) Report on Waiver of Amount Limitations.--Not later than 18 
months after the date of the enactment of this Act, the Secretary shall 
submit to Congress a report on the instances, if any, of the use of the 
waiver authority set out in section 33(b)(10)(A)(iii) of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 
2229(b)(10)(A)(iii)), as added by section 9.
    (d) Definitions.--In this section:
            (1) Fire service.--The term ``fire service'' has the 
        meaning given that term in section 4 of the Federal Fire 
        Prevention and Control Act of 1974 (15 U.S.C. 2203).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3512. TECHNICAL CORRECTIONS.

    (a) Repeal of Duplicative Definition.--Subsection (d) of section 33 
of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) 
is repealed.
    (b) Redesignations Necessitated by Duplicative Numbering.--The 
sections 33 and 34 of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2230 and 2231) that were added by sections 105 and 106 
of Public Law 106-503 (114 Stat. 2301) are redesignated as sections 34 
and 35, respectively.

SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

    (a) Firefighter Assistance Programs.--Section 33(e) of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(e)) is amended 
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 2010.''.
    (b) Study on Assistance to Firefighters.--There are authorized to 
be appropriated to the Secretary of Homeland Security $300,000 for 
fiscal year 2005 to carry out the requirements of section 4011(a).
    Passed the House of Representatives May 20, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

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

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.
```