IB 

Union Calendar No. 278 

108TH CONGRESS 

2D SESSION H. R. 4200 

[Report No. 108–491] 

To authorize appropriations for fiscal year 2005 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2005, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2004 

Mr. HUNTER (for himself and Mr. SKELTON) (both by request) introduced the 

following bill; which was referred to the Committee on Armed Services 

MAY 14, 2004 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 22, 2004] 

A BILL 

To authorize appropriations for fiscal year 2005 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2005, and 

for other purposes. 

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

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2005’’. 

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

5 CONTENTS. 

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows: 

8 (1) Division A—Department of Defense Author9 izations. 

10 (2) Division B—Military Construction Author11 izations. 

12 (3) Division C—Department of Energy National 

13 Security Authorizations and Other Authorizations. 

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

15 this Act is as follows: 

Sec. 1. Short title; findings. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

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—Program Matters 

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

howitzer program. 

Sec. 112. DDG–51 modernization program. 

Sec. 113. Repeal of authority for pilot program for flexible funding of cruiser conversions and overhauls. 
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Sec. 114. Force protection for asymmetric threat environment. 

Sec. 115. Allocation of equipment authorized by this title to be made on basis of 

units deployed or preparing to deploy. 

Sec. 116. Multiyear procurement authority for KC–767 tanker aircraft acquisition program. 

Sec. 117. Other matters relating to KC–767 tanker aircraft acquisition program. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and 

Limitations 

Sec. 211. Future Combat Systems program strategy. 

Sec. 212. Collaborative program for research and development of vacuum electronics technologies. 

Sec. 213. Annual Comptroller General report on Joint Strike Fighter program. 

Sec. 214. Amounts for United States Joint Forces Command to be derived only 

from Defense-wide amounts. 

Sec. 215. Authority of Director of Defense Research and Engineering to award 

prizes for advanced technology achievements. 

Sec. 216. Space Based Radar. 

Sec. 217. Mark–54 Torpedo Product Improvement Program. 

Subtitle C—Missile Defense 

Sec. 221. Fielding of ballistic missile defense capabilities. 

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. Reimbursement of members of the Armed Forces who purchased protective body armor during shortage of defense stocks of body armor. 

Subtitle B—Environmental Provisions 

Sec. 311. Report regarding encroachment issues affecting Utah Test and Training 

Range, Utah. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Simplification of annual reporting requirements concerning funds expended for depot maintenance and repair workloads. 

Sec. 322. Repeal of annual reporting requirement concerning management of 

depot employees. 

Sec. 323. Public-private competition for work performed by civilian employees of 

Department of Defense. 

Sec. 324. Public-private competition pilot program. 

Sec. 325. Sense of Congress on equitable legal standing for civilian employees. 
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Sec. 326. Competitive sourcing reporting requirement. 

Subtitle D—Information Technology 

Sec. 331. Preparation of Department of Defense plan for transition to Internet 

Protocol version 6. 

Sec. 332. Defense business enterprise architecture, system accountability, and conditions for obligation of funds for defense business system modernization. 

Sec. 333. Establishment of joint program office to improve interoperability of battlefield management command and control systems. 

Subtitle E—Readiness Reporting Requirements 

Sec. 341. Annual report on Department of Defense operation and financial support for military museums. 

Sec. 342. Report on Department of Defense programs for prepositioning of material and equipment. 

Subtitle F—Other Matters 

Sec. 351. Extension of Arsenal Support Program Initiative. 

Sec. 352. Limitation on preparation or implementation of Mid-Range Financial 

Improvement Plan. 

Sec. 353. Procurement of follow-on contracts for the operation of five Championclass T-5 tank vessels.

Sec. 354. Sense of Congress on America’s National World War I Museum. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Sec. 404. Accounting and management of reserve component personnel performing 

active duty or full-time National Guard duty for operational 

support. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

Subtitle C—Authorizations of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—General and Flag Officer Matters 

Sec. 501. Length of service for service chiefs. 

Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs of Naval 

Operations be selected from officers in the line of the Navy. 
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Sec. 503. Increase in age limit for deferral of mandatory retirement for up to 10 

senior general and flag officers. 

Sec. 504. Increased flexibility for voluntary retirement for military officers. 

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). 

Sec. 506. Revision to terms for assistants to the Chairman of the Joint Chiefs of 

Staff for National Guard and Reserve matters. 

Sec. 507. Succession for position of Chief, National Guard Bureau. 

Sec. 508. Title of Vice Chief of the National Guard Bureau changed to Director 

of the Joint Staff of the National Guard Bureau.

Sec. 509. Two-year extension of authority to waive requirement that Reserve 

chiefs and National Guard Directors have significant joint duty 

experience. 

Sec. 510. Repeal of distribution requirements for Naval Reserve flag officers. 

Subtitle B—Other Officer Personnel Policy Matters 

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

Sec. 512. Mandatory retention on active duty to qualify for retirement pay. 

Sec. 513. Distribution in grade of Marine Corps Reserve officers in an active status in grades below brigadier general 

Sec. 514. Tuition assistance for officers. 

Subtitle C—Reserve Component Matters 

Sec. 521. Revision to statutory purpose of the reserve components. 

Sec. 522. Improved access to reserve component members for enhanced training. 

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. 

Sec. 524. Federal civil service military leave for Reserve and National Guard civilian technicians. 

Sec. 525. Expanded educational assistance authority for officers commissioned 

through ROTC program at military junior colleges. 

Sec. 526. Effect of appointment or commission as officer on eligibility for Selected 

Reserve education loan repayment program for enlisted members. 

Sec. 527. Number of Starbase academies in a State. 

Sec. 528. Comptroller General assessment of integration of active and reserve 

components of the Navy. 

Sec. 529. Operational activities conducted by the National Guard under authority 

of title 32. 

Sec. 530. Army program for assignment of active component advisers to units of 

the Selected Reserve. 

Subtitle D—Joint Officer Management 

Sec. 531. Strategic plan to link joint officer development to overall missions and 

goals of Department of Defense. 

Sec. 532. Joint requirements for promotion to flag or general officer grade. 

Sec. 533. Clarification of tours of duty qualifying as a joint duty assignment. 

Sec. 534. Reserve joint special officer qualification requirements. 
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Subtitle E—Professional Military Education 

Sec. 541. Improvement to professional military education in the Department of 

Defense. 

Sec. 542. Ribbons to recognize completion of joint professional military education. 

Sec. 543. Increase in number of private-sector civilians who may be enrolled for 

instruction at National Defense University. 

Sec. 544. Requirement for completion of Phase I joint professional military education before promotion to colonel or Navy captain. 

Subtitle F—Other Education and Training Matters 

Sec. 551. College First delayed enlistment program. 

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. 

Sec. 553. Change in titles of heads of the Naval Postgraduate School. 

Sec. 554. Increase from two years to three years in period for which educational 

leave of absence may be authorized. 

Sec. 555. Correction to disparate treatment of disabilities sustained during accession training. 

Sec. 556. Prayer at military service academy activities. 

Sec. 557. Revision to conditions on service of officers as service academy superintendents. 

Sec. 558. Codification of prohibition on imposition of certain charges and fees at 

the service academies. 

Sec. 559. Qualifications of the dean of the faculty of United States Air Force 

Academy. 

Subtitle G—Medals and Decorations and Special Promotions 

and Appointments 

Sec. 561. Separate military campaign medals to recognize service in Operation 

Enduring Freedom and service in Operation Iraqi Freedom. 

Sec. 562. Eligibility of all uniformed services personnel for National Defense 

Service Medal. 

Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, United 

States Air Force (retired), to the grade of major general on the 

retired list. 

Sec. 564. Posthumous commission of William Mitchell in the grade of major general in the Army. 

Subtitle H—Military Justice Matters 

Sec. 571. Review on how sexual offenses are covered by Uniform Code of Military 

Justice. 

Sec. 572. Service time not lost when confined in connection with trial if confinement excused as unavoidable. 

Sec. 573. Clarification of authority of military legal assistance counsel to provide 

military legal assistance without regard to licensing requirements. 

Subtitle I—Administrative and Management Matters 

Sec. 581. Three-year extension of limitation on reductions of personnel of agencies 

responsible for review and correction of military records. 
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Sec. 582. Staffing and funding for Defense Prisoner of War/Missing Personnel office (DPMO). 

Sec. 583. Permanent ID cards for retiree dependents age 70 and older. 

Sec. 584. Authority to provide civilian clothing to members traveling in connection with medical evacuation. 

Sec. 585. Authority to accept donation of frequent traveler miles, credits, and 

tickets to facilitate rest and recuperation travel of deployed 

members of the Armed Forces and their families. 

Sec. 586. Limitation on amendment or cancellation of Department of Defense directive relating to reasonable access to military installations for 

certain personal commercial solicitation. 

Sec. 587. Annual identification of reasons for discharges from the Armed Forces 

during preceding fiscal year. 

Sec. 588. Authority for Federal recognition of National Guard commissioned officers appointed from former Coast Guard personnel. 

Sec. 589. Study of blended wing concept for the Air Force. 

Sec. 590. Continuation of impact aid assistance on behalf of dependents of certain 

members despite change in status of member. 

Subtitle J—Other Matters 

Sec. 591. Employment preferences for spouses of certain Department of Defense 

civilian employees subject to relocation agreements. 

Sec. 592. Repeal of requirement to conduct electronic voting demonstration project 

for the Federal election to be held in November 2004. 

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. 

Sec. 594. Renewal of pilot program for treating GED and home school diploma 

recipients as high school graduates for determinations of eligibility for enlistment. 

Sec. 595. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian 

employees. 

Sec. 596. Senior Reserve Officer Training Corps and recruiter access at institutions of higher education. 

Sec. 597. Reports on transformation milestones. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Increase in basic pay for fiscal year 2005. 

Sec. 602. Authority to provide family separation basic allowance for housing. 

Sec. 603. Geographic basis for basic allowance for housing during short changes 

of station for professional military education or training. 

Sec. 604. Immediate lump-sum reimbursement for unusual nonrecurring expenses 

incurred by members serving outside continental United States. 

Sec. 605. Income replacement payments for Reserves experiencing extended and 

frequent mobilization for active duty service. 

Sec. 606. Authority for certain members deployed in combat zones to receive limited advances on their future basic pay. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of bonus and special pay authorities. 
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Sec. 612. Reduction in required service commitment to receive accession bonus for 

registered nurses. 

Sec. 613. Increase in maximum monthly rate authorized for hardship duty pay. 

Sec. 614. Termination of assignment incentive pay for members placed on terminal leave. 

Sec. 615. Consolidation of reenlistment and enlistment bonus authorities for regular and reserve components. 

Sec. 616. Revision of authority to provide foreign language proficiency pay. 

Sec. 617. Eligibility of reserve component members for critical skills retention 

bonus and expansion of authority to provide bonus. 

Sec. 618. Eligibility of new reserve component officers for accession or affiliation 

bonus for officers in critical skills. 

Sec. 619. Eligibility of reserve component members for incentive bonus for conversion to military occupational specialty to ease personnel shortage. 

Sec. 620. Availability of hazardous duty incentive pay for military firefighters. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Expansion of travel and transportation allowances to assist survivors 

of a deceased member to attend burial ceremony of the member. 

Sec. 632. Transportation of family members incident to the serious illness or injury of members of the uniformed services. 

Sec. 633. Reimbursement of members for certain lodging costs incurred in connection with student dependent travel. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Computation of benefits under Survivor Benefit Plan for surviving 

spouses over age 62. 

Sec. 642. Open enrollment period for Survivor Benefit Plan commencing October 

1, 2005. 

Sec. 643. Source of funds for Survivor Benefit Plan annuities for Department of 

Defense beneficiaries over age 62. 

Subtitle E—Commissary and Nonappropriated Fund 

Instrumentality Benefits 

Sec. 651. Consolidation and reorganization of legislative provisions regarding defense commissary system and exchanges and other morale, welfare, and recreation activities. 

Sec. 652. Consistent State treatment of Department of Defense Nonappropriated 

Fund Health Benefits Program. 

Sec. 653. Cooperation and assistance for qualified scouting organizations serving 

dependents of members of the Armed Forces and civilian employees overseas. 

Subtitle F—Other Matters 

Sec. 661. Repeal of requirement that members entitled to basic allowance for subsistence pay subsistence charges while hospitalized. 

Sec. 662. Clarification of education loans qualifying for education loan repayment program for reserve component health professions officers. 

Sec. 663. Survey and analysis of effect of extended and frequent mobilization of 

Reservists for active duty service on Reservist income. 
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TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Enhanced Benefits for Reserves 

Sec. 701. Demonstration project for TRICARE coverage for Ready Reserve members. 

Sec. 702. Comptroller General report on the cost and feasibility of providing private health insurance stipends for members of the Ready Reserves. 

Sec. 703. Improvement of medical services for activated members of the Ready Reserve and their families. 

Sec. 704. Modification of waiver of certain deductibles under TRICARE program. 

Sec. 705. Authority for payment by United States of additional amounts billed 

by health care providers to activated Reserve members. 

Sec. 706. Extension of transitional health care benefits after separation from active duty. 

Subtitle B—Other Benefits Improvements 

Sec. 711. Coverage of certain young children under TRICARE dental program. 

Sec. 712. Comptroller General report on provision of health and support services 

for exceptional family member program enrollees. 

Sec. 713. Exceptional eligibility for TRICARE prime remote. 

Sec. 714. Transition to home health care benefit under sub-acute care program. 

Sec. 715. Requirement relating to prescription drug benefits for medicare-eligible 

enrollees under defense health care plans. 

Sec. 716. Professional accreditation of military dentists. 

Sec. 717. Addition of certain unremarried former spouses to persons eligible for 

dental insurance plan of retirees of the uniformed services. 

Sec. 718. Waiver of collection of payments due from certain persons unaware of 

loss of CHAMPUS eligibility. 

Subtitle C—Planning, Programming, and Management 

Sec. 721. Pilot program for transformation of health care delivery. 

Sec. 722. Study of provision of travel reimbursement to hospitals for certain military disability retirees. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Amendments to General Contracting Authorities, 

Procedures, and Limitations 

Sec. 801. Rapid acquisition authority to respond to combat emergencies. 

Sec. 802. Defense acquisition workforce changes. 

Sec. 803. Limitation on task and delivery order contracts. 

Sec. 804. Funding for contract cancellation ceilings for certain multiyear procurement contracts. 

Sec. 805. Increased threshold for requiring contractors to provide specified employee information to cooperative agreement holders. 

Sec. 806. Extension of authority for use of simplified acquisition procedures. 

Sec. 807. Authority to adjust acquisition-related dollar thresholds for inflation. 

Subtitle B—United States Defense Industrial Base Provisions 

Sec. 811. Defense trade reciprocity. 

Sec. 812. Amendments to domestic source requirements. 
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Sec. 813. Three-year extension of restriction on acquisition of polyacrylonitrile 

(PAN) carbon fiber from foreign sources. 

Sec. 814. Grant program for defense contractors to implement strategies to avoid 

outsourcing of jobs. 

Sec. 815. Preference for domestic freight forwarding services. 

Subtitle C—Other Acquisition Matters 

Sec. 821. Sustainment and modernization plans for existing systems while replacement systems are under development. 

Sec. 822. Review and demonstration project relating to contractor employees.

Sec. 823. Defense acquisition workforce limitation and reports. 

Sec. 824. Provision of information to Congress to enhance transparency in contracting. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Sec. 901. Change in title of Secretary of the Navy to Secretary of the Navy and 

Marine Corps. 

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. 

Sec. 903. Transfer to Secretary of the Army of responsibility for Assembled Chemical Weapons Alternatives Program. 

Sec. 904. Modification of obligated service requirements under National Security 

Education Program. 

Sec. 905. Change of membership of certain councils. 

Sec. 906. Actions to prevent the abuse of detainees. 

Sec. 907. Responses to congressional inquiries. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Transfer authority. 

Sec. 1002. Budget justification documents for operation and maintenance. 

Sec. 1003. Retention of fees from intellectual property licenses. 

Sec. 1004. Authority to waive claims of the United States when amounts recoverable are less than costs of collection. 

Sec. 1005. Repeal of funding restrictions concerning development of medical countermeasures against biological warfare threats. 

Sec. 1006. Report on budgeting for exchange rates for foreign currency fluctuations. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Authority for award of contracts for ship dismantling on net-cost 

basis. 

Sec. 1012. Independent study to assess cost effectiveness of the Navy ship construction program. 

Sec. 1013. Authority to transfer specified former naval vessels to certain foreign 

countries. 

Sec. 1014. Limitation on leasing of foreign-built vessels. 

Subtitle C—Sunken Military Craft 

Sec. 1021. Preservation of title to sunken military craft and associated contents. 
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Sec. 1022. Prohibitions. 

Sec. 1023. Permits. 

Sec. 1024. Penalties. 

Sec. 1025. Liability for damages. 

Sec. 1026. Relationship to other laws. 

Sec. 1027. Encouragement of agreements with foreign countries. 

Sec. 1028. Definitions. 

Subtitle D—Counter-Drug Activities 

Sec. 1031. Continuation of authority to use Department of Defense funds for unified counterdrug and counterterrorism campaign in Colombia. 

Sec. 1032. Limitation on number of United States military personnel in Colombia. 

Subtitle E—Reports 

Sec. 1041. Study of continued requirement for two-crew manning for ballistic 

missile submarines. 

Sec. 1042. Study of effect on defense industrial base of elimination of United 

States domestic firearms manufacturing base. 

Sec. 1043. Study of extent and quality of training provided to members of the 

Armed Services to prepare for post-conflict operations. 

Subtitle F—Security Matters 

Sec. 1051. Use of National Driver Register for personnel security investigations 

and determinations. 

Sec. 1052. Standards for disqualification from eligibility for Department of Defense security clearance . 

Subtitle G—Transportation-Related Matters 

Sec. 1061. Use of military aircraft to transport mail to and from overseas locations. 

Sec. 1062. Reorganization and clarification of certain provisions relating to control and supervision of transportation within the Department of 

Defense. 

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. 

Sec. 1064. Evaluation of whether to prohibit certain offers for transportation of 

security-sensitive cargo. 

Subtitle H—Other Matters 

Sec. 1071. Two-year extension of authority of the Secretary of Defense to engage 

in commercial activities as security for intelligence collection activities abroad. 

Sec. 1072. Assistance for study of feasibility of biennial international air trade 

show in the United States and for initial implementation. 

Sec. 1073. Technical and clerical amendments. 

Sec. 1074. Commission on the long-term implementation of the new strategic posture of the United States. 

Sec. 1075. Liability protection for certain Department of Defense volunteers 

working in the maritime environment. 

Sec. 1076. Transfer of historic F3A-1 Brewster Corsair aircraft. 
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TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN 

PERSONNEL 

Sec. 1101. Payment of Federal employee health benefit premiums for mobilized 

Federal employees. 

Sec. 1102. Foreign language proficiency pay. 

Sec. 1103. Pay parity for civilian intelligence personnel. 

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

Sec. 1105. Prohibition of unauthorized wearing or use of civilian medals or decorations. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

Subtitle A—Matters Relating to Iraq, Afghanistan, and Global 

War on Terrorism 

Sec. 1201. Documentation of conditions in Iraq under former dictatorial government as part of transition to post-dictatorial government. 

Sec. 1202. Support of military operations to combat terrorism. 

Sec. 1203. Commanders’ Emergency Response Program. 

Sec. 1204. Status of Iraqi security forces. 

Sec. 1205. Guidance and report required on contractors supporting deployed 

forces in Iraq. 

Sec. 1206. Findings and sense of Congress concerning Army Specialist Joseph 

Darby. 

Subtitle B—Other Matters 

Sec. 1211. Assignment of allied naval personnel to submarine safety programs. 

Sec. 1212. Expansion of entities of the People’s Republic of China subject to certain presidential authorities when operating in the United 

States. 

Sec. 1213. Report by President on Global Peace Operations Initiative. 

Sec. 1214. Procurement sanctions against foreign persons that transfer certain defense articles and services to the People’s Republic of China. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH 

STATES OF THE FORMER SOVIET UNION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Temporary authority to waive limitation on funding for chemical 

weapons destruction facility in Russia. 

TITLE XIV—EXPORT CONTROL AND 

COUNTERPROLIFERATION MATTERS 

Subtitle A—Export Controls 

Sec. 1401. Definitions under Arms Export Control Act. 

Sec. 1402. Exemption from licensing requirements for export of significant military equipment. 

Sec. 1403. Cooperative projects with friendly foreign countries. 

Sec. 1404. Licensing requirement for export of militarily critical technologies. 

Sec. 1405. Control of exports of United States weapons technology to the People’s 

Republic of China. 

Sec. 1406. Strengthening international export controls. 
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Subtitle B—Counterproliferation Matters 

Sec. 1411. Defense international counterproliferation programs. 

Sec. 1412. Defense counterproliferation fellowship program. 

Subtitle C—Initiatives Relating to Countries of Former Soviet 

Union 

Sec. 1421. Silk Road initiative. 

Sec. 1422. Teller-Kurchatov nonproliferation fellowships. 

Sec. 1423. Collaboration to reduce the risks of a launch of Russian nuclear weapons. 

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE 

TO OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Purpose. 

Subtitle A—Authorization of Appropriations 

Sec. 1511. Army procurement. 

Sec. 1512. Navy and Marine Corps procurement. 

Sec. 1513. Air Force procurement. 

Sec. 1514. Defense-wide activities procurement. 

Sec. 1515. Operation and maintenance. 

Sec. 1516. Defense health program. 

Sec. 1517. Military personnel. 

Sec. 1518. Treatment as additional authorizations. 

Sec. 1519. Transfer authority. 

Sec. 1520. Designation of emergency authorizations. 

Subtitle B—Personnel Provisions 

Sec. 1531. Three-year increase in active Army strength levels. 

Sec. 1532. Three-year increase in active Marine Corps strength levels. 

Sec. 1533. Extension of increased rates for imminent danger pay and family separation allowance. 

Subtitle C—Financial Management Matters 

Sec. 1541. Revised funding methodology for military retiree health care benefits. 

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. 
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TITLE XXII—NAVY 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Improvements to military family housing units. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

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

projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2002 projects. 

Sec. 2703. Extension and renewal of authorizations of certain fiscal year 2001 

projects. 

Sec. 2704. Effective date. 

TITLE XXVIII—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military 

Family Housing Changes 

Sec. 2801. Increase in certain thresholds for carrying out unspecified minor military construction projects. 

Sec. 2802. Assessment of vulnerability of military installations to terrorist attack 

and annual report on military construction requirements related 

to antiterrorism and force protection. 

Sec. 2803. Change in threshold for congressional notification regarding use of operation and maintenance funds for facility repair. 

Sec. 2804. Reporting requirements regarding military family housing requirements for general officers and flag officers. 
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Sec. 2805. Congressional notification of deviations from authorized cost variations for military construction projects and military family 

housing projects. 

Sec. 2806. Repeal of limitation on use of alternative authority for acquisition 

and improvement of military family housing. 

Sec. 2807. Temporary authority to accelerate design efforts for military construction projects carried out using design-build selection procedures. 

Sec. 2808. Exchange or sale of reserve component facilities to acquire replacement 

facilities. 

Sec. 2809. One-year extension of temporary, limited authority to use operation 

and maintenance funds for construction projects outside the 

United States. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Increase in certain thresholds for reporting real property transactions. 

Sec. 2812. Reorganization of existing administrative provisions relating to real 

property transactions. 

Sec. 2813. Treatment of money rentals from golf course at Rock Island Arsenal, 

Illinois. 

Sec. 2814. Number of contracts authorized department-wide under demonstration 

program on reduction in long-term facility maintenance costs. 

Sec. 2815. Repeal of Commission on Review of Overseas Military Facility Structure of the United States. 

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. 

Sec. 2817. Elimination of reversionary interests clouding United States title to 

property used as Navy homeports. 

Sec. 2818. Report on real property disposal at Marine Corps Air Station, El 

Toro, California. 

Subtitle C—Base Closure and Realignment 

Sec. 2821. Two-year postponement of 2005 base closure and realignment round 

and submission of reports regarding future infrastructure requirements for the armed forces. 

Sec. 2822. Establishment of specific deadline for submission of revisions to forcestructure plan and infrastructure inventory for next base closure 

round. 

Sec. 2823. Specification of final selection criteria for next base closure round. 

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. 

Sec. 2825. Adherence to certain authorities on preservation of military depot capabilities during any subsequent round of base closures and realignments. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES

Sec. 2831. Transfer of administrative jurisdiction, Defense Supply Center, Columbus, Ohio. 

Sec. 2832. Land conveyance, Fort Hood, Texas. 

Sec. 2833. Land conveyance, Army National Guard Facility, Seattle, Washington. 
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PART II—NAVY CONVEYANCES

Sec. 2841. Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of 

Columbia. 

Sec. 2842. Land conveyance, Navy property, former Fort Sheridan, Illinois. 

Sec. 2843. Land exchange, Naval Air Station, Patuxent River, Maryland. 

PART III—AIR FORCE CONVEYANCES

Sec. 2851. Land exchange, Maxwell Air Force Base, Alabama. 

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. Extension of authority for appointment of certain scientific, engineering, and technical personnel. 

Sec. 3112. Requirements for baseline of projects under Facilities and Infrastructure Recapitalization Program. 

Subtitle C—Other Matters 

Sec. 3131. Transfers and reprogrammings of National Nuclear Security Administration funds. 

Sec. 3132. National Academy of Sciences study on management by Department 

of Energy of high-level radioactive waste. 

Sec. 3133. Contract to review Waste Isolation Pilot Plant, New Mexico. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Relaxation of quantity restrictions on disposal of manganese ferro in 

National Defense Stockpile. 

Sec. 3303. Revision of earlier authority to dispose of certain materials in National Defense Stockpile. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for Maritime Administration. 
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Sec. 3502. Extension of authority to provide war risk insurance for merchant 

marine vessels. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 TITLE I—PROCUREMENT 

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 101. ARMY. 

11 Funds are hereby authorized to be appropriated for fis12 cal year 2005 for procurement for the Army as follows: 

13 (1) For aircraft, $2,805,941,000. 

14 (2) For missiles, $1,414,321,000. 

15 (3) For weapons and tracked combat vehicles, 

16 $1,739,695,000. 

17 (4) For ammunition, $1,729,402,000. 

18 (5) For other procurement, $4,313,640,000. 

19 SEC. 102. NAVY AND MARINE CORPS. 

20 (a) NAVY.—Funds are hereby authorized to be appro21 priated for fiscal year 2005 for procurement for the Navy 

22 as follows: 

23 (1) For aircraft, $8,912,667,000. 
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1 (2) For weapons, including missiles and tor2 pedoes, $2,253,454,000. 

3 (3) For ammunition, $870,840,000. 

4 (4) For shipbuilding and conversion, 

5 $10,120,027,000. 

6 (5) For other procurement, $4,876,725,000. 

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

8 be appropriated for fiscal year 2005 for procurement for 

9 the Marine Corps in the amount of $1,315,103,000. 

10 SEC. 103. AIR FORCE. 

11 Funds are hereby authorized to be appropriated for fis12 cal year 2005 for procurement for the Air Force as follows: 

13 (1) For aircraft, $13,649,174,000. 

14 (2) For ammunition, $1,396,457,000. 

15 (3) For missiles, $4,638,313,000. 

16 (4) For other procurement, $13,229,257,000. 

17 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

18 Funds are hereby authorized to be appropriated for fis19 cal year 2005 for Defense-wide procurement in the amount 

20 of $2,950,702,000. 
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1 Subtitle B—Program Matters 

2 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE 

3 LIGHT-WEIGHT 155–MILLIMETER HOWITZER 

4 PROGRAM. 

5 The Secretary of the Army and the Secretary of the 

6 Navy may, in accordance with section 2306b of title 10, 

7 United States Code, jointly enter into a multiyear contract, 

8 beginning with the fiscal year 2005 program year, for pro9 curement of the light-weight 155-millimeter howitzer. 

10 SEC. 112. DDG–51 MODERNIZATION PROGRAM. 

11 (a) ACCELERATION OF MODERNIZATION PROGRAM.— 

12 The Secretary of the Navy shall accelerate the program for 

13 in-service modernization of the DDG–51 class of destroyers. 

14 As part of that modernization program, the Secretary shall 

15 include additional emphasis on determining a means to re16 duce crew size from approximately 300 to about 200. 

17 (b) REPORT.—Not later than March 31, 2005, the Sec18 retary of the Navy shall submit to the congressional defense 

19 committees a report on the steps taken as of that date to 

20 carry out subsection (a). 
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1 SEC. 113. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR 

2 FLEXIBLE FUNDING OF CRUISER CONVER3 SIONS AND OVERHAULS. 

4 Section 126 of the National Defense Authorization Act 

5 for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1410; 

6 10 U.S.C. 7291 note) is repealed. 

7 SEC. 114. FORCE PROTECTION FOR ASYMMETRIC THREAT 

8 ENVIRONMENT. 

9 (a) REQUIREMENT FOR ASYMMETRIC THREAT AS10 SESSMENT.—(1) The Secretary of Defense shall require the 

11 Secretary of each military department to perform an assess12 ment of the survivability and suitability against asymmet13 rical threats of each of the following military systems under 

14 the jurisdiction of that Secretary: 

15 (A) Each manned ground system or war-fighter 

16 survivability system that may be required to deploy 

17 in an asymmetrical threat environment. 

18 (B) Each manned airborne system that may be 

19 required to deploy in an asymmetrical threat envi20 ronment. 

21 (2) For each system covered by paragraph (1), the Sec22 retary concerned shall establish the key performance param23 eters for survivability and suitability against asymmetric 

24 threats. 

25 (3) The assessments under paragraph (1) shall be com26 pleted not later than July 1, 2005. 
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1 (4) The Secretary of each military department shall 

2 review annually the assessments under paragraph (1) con3 ducted by that Secretary to ensure that the assessments re4 mains relevant to the asymmetric threat environment. 

5 (b) REQUIREMENT FOR FORCE PROTECTION.—(1) The 

6 Secretary of Defense shall require the Secretary of each 

7 military department, for each system covered by subsection 

8 (a)(1) under that Secretary’s jurisdiction, either to— 

9 (A) take each of the force protection or surviv10 ability steps specified in paragraph (2); or 

11 (B) restrict the system from deployment to an 

12 asymmetrical threat environment. 

13 (2) The force protection or survivability steps for a sys14 tem covered by subsection (a)(1) are the following: 

15 (A) Development of force protection or surviv16 ability enhancements for the system that meet the key 

17 performance parameters established for that system 

18 under subsection (a)(2). 

19 (B) Budgeting for in-service modification pro20 grams for the system to provide force protection and 

21 survivability enhancements developed under subpara22 graph (A). 

23 (C) Development of tactics, techniques, and pro24 cedures for the system to maximize force protection 

25 and survivability. 
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1 (c) WAIVER.—The Secretary of Defense may waive the 

2 applicability of subsection (b) to a system covered by sub3 section (a)(1) if the Secretary determines that, but for such 

4 a waiver, the Department would be unable to meet national 

5 security objectives. Whenever the Secretary makes such a de6 termination and authorizes such a waiver, the Secretary 

7 shall submit notice of such waiver and of the Secretary’s 

8 determination and the reasons therefor in writing to the 

9 congressional defense committees. 

10 (d) REQUIREMENT FOR NEW DEVELOPMENT MILITARY

11 ACQUISITION PROGRAMS.—The Secretary of Defense shall 

12 require the Secretary of each military department, for each 

13 military acquisition program that has not entered low-rate 

14 initial production as of the date of the enactment of this 

15 Act, to include in the development of that program— 

16 (1) as part of the system requirements develop17 ment, assessments of war-fighter survivability and of 

18 system suitability against asymmetrical threats; and 

19 (2) as part of the documentation of system re20 quirements, requirements for key performance param21 eters for force protection and survivability. 

22 (e) ASYMMETRICAL THREAT ENVIRONMENT.—For pur23 poses of this section, the term ‘‘asymmetrical threat environ24 ment’’, with respect to a manned system, means a security, 

25 stability, or peacekeeping operation in which the system is 
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1 deployed or any other such environment in which an asym2 metrical threat may exist (or, in the case of a manned air3 borne system, another such environment in which airborne 

4 operations would subject the system to a ground-based 

5 asymmetrical threat). 

6 SEC. 115. ALLOCATION OF EQUIPMENT AUTHORIZED BY 

7 THIS TITLE TO BE MADE ON BASIS OF UNITS 

8 DEPLOYED OR PREPARING TO DEPLOY. 

9 The Secretary of Defense shall provide that, in the allo10 cation to operational units of equipment acquired using 

11 funds authorized to be appropriated by this title, priority 

12 shall be given to units that are deployed to, or preparing 

13 to deploy to, Operation Iraqi Freedom or Operation Endur14 ing Freedom, regardless of the status of those units as active, 

15 Guard, or reserve component units. 

16 SEC. 116. MULTIYEAR PROCUREMENT AUTHORITY FOR KC–

17 767 TANKER AIRCRAFT ACQUISITION PRO18 GRAM. 

19 (a) MULTIYEAR PROCUREMENT AUTHORITY.—(1) The 

20 Secretary of the Air Force may, in accordance with section 

21 2306b of title 10, United States Code, enter into a 

22 multiyear contract, beginning with the fiscal year 2005 pro23 gram year, for procurement of 80 KC–767 tanker aircraft. 

24 (2) Notwithstanding subsection (k) of section 2306b of 

25 title 10, United States Code, a contract under this sub-
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1 section may be for any period not in excess of eight program 

2 years. 

3 (b) LIMITATION.—Subsection (b) of section 135 of the 

4 National Defense Authorization Act for Fiscal Year 2004 

5 (Public Law 108–136; 117 Stat. 1413; 10 U.S.C. 2401a 

6 note) is repealed. 

7 (c) RELATIONSHIP TO PREVIOUS LAW.—The 

8 multiyear procurement authority in subsection (a) may not 

9 be executed under section 135 of the National Defense Au10 thorization Act for Fiscal Year 2004 (Public Law 108–136; 

11 117 Stat. 1413; 10 U.S.C. 2401a note) or under section 

12 8159 of the Department of Defense Appropriations Act, 

13 2002 (division A of Public Law 107–117). 

14 SEC. 117. OTHER MATTERS RELATING TO KC–767 TANKER 

15 AIRCRAFT ACQUISITION PROGRAM. 

16 (a) SENSE OF CONGRESS.—It is the sense of Congress 

17 that— 

18 (1) aerial refueling capability for the Armed 

19 Forces is a critical combat force multiplier; 

20 (2) the Nation must expeditiously proceed with 

21 a program to replace the Air Force’s aging fleet of 

22 aerial refueling tankers; 

23 (3) in pursuing an aerial refueling tanker pro24 gram, the Department of Defense should take full ad-
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1 vantage of the United States commercial aircraft pro2 duction base; and 

3 (4) anyone suspected of involvement in improper 

4 or illegal activities associated with such a program 

5 should be investigated and, if warranted, prosecuted 

6 to the fullest extent of the law. 

7 (b) REQUIREMENT FOR RENEGOTIATION OF CON8 TRACT.—The Secretary of the Air Force shall enter into one 

9 or more contracts for the Air Force multiyear tanker air10 craft program, provided that any such contract is nego11 tiated after June 1, 2004. 

12 (c) REVIEW BY OUTSIDE PANEL.—(1) The Secretary 

13 of Defense shall establish a panel of experts from outside 

14 the Department of Defense to review any proposed contract 

15 for the multiyear tanker aircraft program. The panel shall 

16 be comprised of individuals who, by reason of education, 

17 training, or experience, have expertise relevant to the eval18 uation of a proposed contract for the lease or procurement 

19 of aircraft under that program. 

20 (2) The panel shall review any proposed contract for 

21 the multiyear tanker aircraft program to assess, and assist 

22 the Secretary of the Air Force in determining, whether the 

23 Air Force would under that contract obtain the best value 

24 for funds expended. The panel shall serve in whatever man25 ner the Secretary of Defense determines is appropriate to 
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1 provide an independent review of any such proposed con2 tract. The Secretary shall provide for the panel to make 

3 a determination of, and to advise the Secretary of the Air 

4 Force on, what would constitute a fair and reasonable con5 tract for that program. 

6 (d) REPORT.—The Secretary of Defense shall provide 

7 for the panel established under subsection (c) to submit a 

8 report providing the results of its review to the Secretary 

9 of the Air Force and the congressional defense committees. 

10 (e) MULTIYEAR TANKER AIRCRAFT PROGRAM DE11 FINED.—In this section, the term ‘‘multiyear tanker air12 craft program’’ means the program for— 

13 (1) lease of no more than 20 aerial refueling air14 craft for the Air Force authorized under section 8159 

15 of the Department of Defense Appropriations Act, 

16 2002 (division A of Public Law 107–117; 115 Stat. 

17 2284), subject to section 135(a) of the National De18 fense Authorization Act for Fiscal Year 2004 (Public 

19 Law 108–136; 117 Stat. 1413); and 

20 (2) procurement of no more than 80 KC–767 

21 tanker aircraft for which a multiyear procurement 

22 contract is authorized by section 116(a) of this Act. 

23 (f) INTERPRETATION.—Section 134 of the National 

24 Defense Authorization Act for Fiscal Year 2004 (Public 
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1 Law 108–136; 117 Stat. 1412) is amended by adding at 

2 the end the following new subsection: 

3 ‘‘(c) INTERPRETATION.—Nothing in subsection (b) or 

4 section 1111 of the Emergency Supplemental Appropria5 tions Act for Defense and for the Reconstruction of Iraq and 

6 Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1215) 

7 is intended to prohibit the Secretary of the Air Force from 

8 executing the program described in section 135(a) of this 

9 Act and section 116 of the National Defense Authorization 

10 Act for Fiscal Year 2005.’’. 

11 TITLE II—RESEARCH, DEVELOP12 MENT, TEST, AND EVALUA13 TION 

14 Subtitle A—Authorization of 

15 Appropriations 

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

17 Funds are hereby authorized to be appropriated for fis18 cal year 2005 for the use of the Department of Defense for 

19 research, development, test, and evaluation as follows: 

20 (1) For the Army, $9,478,164,000. 

21 (2) For the Navy, $16,047,841,000. 

22 (3) For the Air Force, $21,527,967,000. 

23 (4) For Defense-wide activities, $21,074,389,000, 

24 of which $305,135,000 is authorized for the Director 

25 of Operational Test and Evaluation. 
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1 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH2 NOLOGY. 

3 (a) FISCAL YEAR 2005.—Of the amounts authorized 

4 to be appropriated by section 201, $11,067,698,000 shall be 

5 available for the Defense Science and Technology Program, 

6 including basic research, applied research, and advanced 

7 technology development projects. 

8 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD9 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For pur10 poses of this section, the term ‘‘basic research, applied re11 search, and advanced technology development’’ means work 

12 funded in program elements for defense research and devel13 opment under Department of Defense category 6.1, 6.2, or 

14 6.3. 

15 Subtitle B—Program Requirements, 

16 Restrictions, and Limitations 

17 SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY. 

18 (a) PROGRAM STRATEGY REQUIRED.—The Secretary 

19 of the Army shall establish and implement a program strat20 egy for the Future Combat Systems acquisition program of 

21 the Army. The purpose of the program strategy shall be to 

22 provide an effective, affordable, producible, and supportable 

23 military capability with a realistic schedule and a robust 

24 cost estimate. 

25 (b) ELEMENTS OF PROGRAM STRATEGY.—The pro26 gram strategy shall— 
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1 (1) require the release, at the design readiness re2 view, of not less than 90 percent of engineering draw3 ings for the building of prototypes; 

4 (2) require, before facilitating production or con5 tracting for items with long lead times, that an ac6 ceptable demonstration be carried out of the perform7 ance of the information network, including the per8 formance of the Joint Tactical Radio System and the 

9 Warfighter Information Network-Tactical; and 

10 (3) require, before the initial production deci11 sion, that an acceptable demonstration be carried out 

12 of the collective capability of each system to meet sys13 tem-of-systems requirements when integrated with the 

14 information network. 

15 (c) REQUIRED SUBMISSIONS TO CONGRESS.—Before 

16 convening the Milestone B update for the Future Combat 

17 Systems acquisition program required by the Future Com18 bat Systems acquisition decision memorandum, the Under 

19 Secretary of Defense for Acquisition, Technology, and Lo20 gistics shall submit to Congress each of the following docu21 ments: 

22 (1) The independent cost estimate with respect to 

23 the program prepared by the cost analysis improve24 ment group of the Office of the Secretary of Defense. 
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1 (2) A report, prepared by an independent panel, 

2 on the maturity levels of the critical technologies with 

3 respect to the program, including an assessment of 

4 those technologies that are likely to require a decision 

5 to use an alternative approach. 

6 (3) A report, prepared by the chief information 

7 officer of the Army, describing— 

8 (A) the status of the development and inte9 gration of the network and the command, con10 trol, computers, communications, intelligence, 

11 surveillance, and reconnaissance components; 

12 and 

13 (B) the progress made toward meeting the 

14 requirements for network-centric capabilities as 

15 set forth by such officer. 

16 (4) A report identifying the key performance pa17 rameters with respect to the program, with all objec18 tives and thresholds quantified, together with the sup19 porting analytical rationale. 

20 (d) LIMITATION ON FUNDING.—(1) Except as provided 

21 in paragraph (2), the Secretary of the Army may not obli22 gate, from amounts made available for fiscal year 2005, 

23 more than $2,200,000,000 for the Future Combat Systems 

24 acquisition program. 
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1 (2) The limitation in paragraph (1) shall not apply 

2 after the Secretary of the Army submits to Congress the Sec3 retary’s certification that the Secretary has established and 

4 implemented the program strategy required by subsection 

5 (a). 

6 SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND 

7 DEVELOPMENT OF VACUUM ELECTRONICS 

8 TECHNOLOGIES. 

9 (a) PROGRAM REQUIRED.—The Secretary of Defense 

10 shall establish a program for research and development in 

11 advanced vacuum electronics to meet the requirements of 

12 the Department of Defense electromagnetic systems. 

13 (b) DESCRIPTION OF PROGRAM.—The program under 

14 subsection (a) shall be carried out collaboratively by the Di15 rector of Defense Research and Engineering, the Secretary 

16 of the Navy, the Secretary of the Air Force, the Secretary 

17 of the Army, and other appropriate elements of the Depart18 ment of Defense. The program shall include the following 

19 activities: 

20 (1) Activities needed for development and matu21 ration of advanced vacuum electronics technologies 

22 needed to meet the requirements of the Department of 

23 Defense. 
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1 (2) Identification of legacy and developmental 

2 electromagnetic systems for use of advanced vacuum 

3 electronics under the program. 

4 (c) REPORT.—Not later than January 31, 2005, the 

5 Director of Defense Research and Engineering shall submit 

6 to the congressional defense committees a report on the im7 plementation of the program under subsection (a). The re8 port shall include the following: 

9 (1) Identification of the officer to have lead re10 sponsibility for carrying out the program. 

11 (2) A description of the management plan for the 

12 program and any agreements relating to that plan. 

13 (3) A schedule for the program. 

14 (4) Identification of the funding required for fis15 cal year 2006 and for the future-years defense pro16 gram to carry out the program. 

17 (5) A list of program capability goals and objec18 tives. 

19 (d) FUNDING.—Of the funds authorized to be appro20 priated in section 201— 

21 (1) $13,500,000 shall be available in program 

22 element 62771N for applied research in vacuum elec23 tronics; and 
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1 (2) $5,000,000 shall be available in program ele2 ment 63771N for advanced technology development in 

3 vacuum electronics. 

4 SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON 

5 JOINT STRIKE FIGHTER PROGRAM. 

6 (a) ANNUAL GAO REVIEW.—The Comptroller General 

7 shall conduct an annual review of the Joint Strike Fighter 

8 aircraft program and shall, not later than March 15 of each 

9 year, submit to Congress a report on the results of the most 

10 recent review. With each such report, the Comptroller Gen11 eral shall submit a certification as to whether the Comp12 troller General has had access to sufficient information to 

13 enable the Comptroller General to make informed judgments 

14 on the matters covered by the report. 

15 (b) MATTERS TO BE INCLUDED.—Each report on the 

16 Joint Strike Fighter aircraft program under subsection (a) 

17 shall include the following with respect to system develop18 ment and demonstration under the program: 

19 (1) The extent to which such system development 

20 and demonstration is meeting established goals, in21 cluding the goals established for performance, cost, 

22 and schedule. 

23 (2) The plan for such system development and 

24 demonstration (leading to production) for the fiscal 
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1 year that begins in the year in which the report is 

2 submitted. 

3 (3) The Comptroller General’s conclusion regard4 ing whether such system development and demonstra5 tion (leading to production) is likely to be completed 

6 at a total cost not in excess of the amount specified 

7 (or to be specified) for such purpose in the Selected 

8 Acquisition report for the Joint Strike Fighter air9 craft program under section 2432 of title 10, United 

10 States Code, for the first quarter of the fiscal year 

11 during which the report of the Comptroller General is 

12 submitted. 

13 (c) REQUIREMENT TO SUPPORT ANNUAL GAO RE14 VIEW.—The Secretary of Defense and the prime contractor 

15 for the Joint Strike Fighter aircraft program shall provide 

16 to the Comptroller General such information on that pro17 gram as the Comptroller General considers necessary to 

18 carry out the responsibilities of the Comptroller General 

19 under this section, including such information as is nec20 essary for the purposes of subsection (b)(3). 

21 (d) TERMINATION.—No report is required under this 

22 section after the report that, under subsection (a), is re23 quired to be submitted not later than March 15, 2009. 
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1 SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES 

2 COMMAND TO BE DERIVED ONLY FROM DE3 FENSE-WIDE AMOUNTS. 

4 (a) IN GENERAL.—Chapter 9 of title 10, United States 

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

6 section: 

7 ‘‘§ 232. United States Joint Forces Command: amounts 

8 for research, development, test, and eval9 uation to be derived only from Defense10 wide amounts 

11 ‘‘(a) REQUIREMENT.—Amounts for research, develop12 ment, test, and evaluation for the United States Joint 

13 Forces Command shall be derived only from amounts made 

14 available to the Department of Defense for Defense-wide re15 search, development, test, and evaluation. 

16 ‘‘(b) SEPARATE DISPLAY IN BUDGET.—Any amount 

17 in the budget submitted to Congress under section 1105 of 

18 title 31 for any fiscal year for research, development, test, 

19 and evaluation for the United States Joint Forces Com20 mand shall be set forth under the account of the Department 

21 of Defense for Defense-wide research, development, test, and 

22 evaluation.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections at 

24 the beginning of such chapter is amended by adding at the 

25 end the following new item: 
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‘‘232. United States Joint Forces Command: amounts for research, development, 

test, and evaluation to be derived only from Defense-wide 

amounts.’’. 

1 SEC. 215. AUTHORITY OF DIRECTOR OF DEFENSE RE2 SEARCH AND ENGINEERING TO AWARD 

3 PRIZES FOR ADVANCED TECHNOLOGY 

4 ACHIEVEMENTS. 

5 Section 2374a(a) of title 10, United States Code, is 

6 amended by striking ‘‘acting through the Director of the De7 fense Advanced Research Projects Agency’’ and inserting 

8 ‘‘acting through the Director of Defense Research and Engi9 neering’’. 

10 SEC. 216. SPACE BASED RADAR. 

11 (a) LIMITATION.—In carrying out the Space Based 

12 Radar program, the Secretary of Defense may not authorize 

13 that program to proceed into the system development and 

14 procurement phase referred to as Milestone B until the Sec15 retary— 

16 (1) submits to the congressional defense commit17 tees, the Permanent Select Committee on Intelligence 

18 of the House of Representatives, and the Select Com19 mittee on Intelligence of the Senate a report described 

20 in subsection (b); and 

21 (2) a period of 30 days has elapsed after the date 

22 on which such report is submitted. 

23 (b) REPORT.—A report under this subsection is a re24 port on the Space Based Radar program in which the Sec-
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1 retary of Defense sets forth the following with respect to that 

2 program: 

3 (1) A description of the technical system concept 

4 selected. 

5 (2) A description of the concept of operations as6 sociated with the technical system concept selected. 

7 (3) An independent cost estimate for development 

8 and procurement under the program. 

9 (4) The acquisition strategy for the program. 

10 SEC. 217. MARK–54 TORPEDO PRODUCT IMPROVEMENT PRO11 GRAM. 

12 Of the amount provided in section 201 for research, 

13 development, test, and evaluation for the Navy, $2,000,000 

14 within the budget line designated as line 120 shall be avail15 able for the Mark-54 Torpedo Product Improvement Pro16 gram. 

17 Subtitle C—Ballistic Missile 

18 Defense 

19 SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA20 BILITIES. 

21 (a) AUTHORITY.—Funds described in subsection (b) 

22 may, upon approval by the Secretary of Defense, be used 

23 for the development and fielding of ballistic missile defense 

24 capabilities. 
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1 (b) COVERED FUNDS.—Subsection (a) applies to funds 

2 appropriated for fiscal year 2005 or fiscal year 2006 for 

3 research, development, test, and evaluation for the Missile 

4 Defense Agency. 

5 TITLE III—OPERATION AND 

6 MAINTENANCE 

7 Subtitle A—Authorization of 

8 Appropriations 

9 SECTION 301. OPERATION AND MAINTENANCE FUNDING. 

10 Funds are hereby authorized to be appropriated for fis11 cal year 2005 for the use of the Armed Forces and other 

12 activities and agencies of the Department of Defense for ex13 penses, not otherwise provided for, for operation and main14 tenance, in amounts as follows: 

15 (1) For the Army, $25,838,611,000. 

16 (2) For the Navy, $29,523,490,000. 

17 (3) For the Marine Corps, $3,637,615,000. 

18 (4) For the Air Force, $27,143,566,000. 

19 (5) For Defense-wide activities, $17,317,406,000. 

20 (6) For the Army Reserve, $2,003,728,000. 

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

22 (8) For the Marine Corps Reserve, $188,696,000 

23 (9) For the Air Force Reserve, $2,226,790,000 

24 (10) For the Army National Guard, 

25 $4,425,686,000. 
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1 (11) For the Air National Guard, 

2 $4,448,938,000. 

3 (12) For the United States Court of Appeals for 

4 the Armed Forces, $10,825,000. 

5 (13) For Environmental Restoration, Army, 

6 $400,948,000. 

7 (14) For Environmental Restoration, Navy, 

8 $266,820,000. 

9 (15) For Environmental Restoration, Air Force, 

10 $397,368,000. 

11 (16) For Environmental Restoration, Defense12 wide, $23,684,000 

13 (17) For Environmental Restoration, Formerly 

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

15 (18) For Overseas Humanitarian, Disaster, and 

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

17 (19) For Cooperative Threat Reduction pro18 grams, $409,200,000. 

19 (20) For the Overseas Contingency Operations 

20 Transfer Fund, $5,000,000. 

21 (21) For the Defense Industrial Base Capabili22 ties Fund, $50,000,000 

23 SEC. 302. WORKING CAPITAL FUNDS. 

24 Funds are hereby authorized to be appropriated for fis25 cal year 2005 for the use of the Armed Forces and other 
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1 activities and agencies of the Department of Defense for 

2 providing capital for working capital and revolving funds 

3 in amounts as follows: 

4 (1) For the Defense Working Capital Funds, 

5 $372,886,000. 

6 (2) For the National Defense Sealift Fund, 

7 $1,219,252,000. 

8 (3) For the Defense Working Capital Fund, De9 fense Commissary, $1,175,000,000 

10 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

11 (a) DEFENSE HEALTH PROGRAM.—Funds are hereby 

12 authorized to be appropriated for the Department of Defense 

13 for fiscal year 2005 for expenses, not otherwise provided for, 

14 for the Defense Health Program, $17,811,586,000, of 

15 which— 

16 (1) $17,374,544,000 is for Operation and Main17 tenance; 

18 (2) $72,407,000 is for Research, Development, 

19 Test, and Evaluation; and 

20 (3) $364,635,000 is for Procurement. 

21 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC22 TION, DEFENSE.—(1) Funds are hereby authorized to be ap23 propriated for the Department of Defense for fiscal year 

24 2005 for expenses, not otherwise provided for, for Chemical 
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1 Agents and Munitions Destruction, Defense, 

2 $1,371,990,000, of which— 

3 (A) $1,138,801,000 is for Operation and Mainte4 nance; 

5 (B) $154,209,000 is for Research, Development, 

6 Test, and Evaluation; and 

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

8 (2) Amounts authorized to be appropriated under 

9 paragraph (1) are authorized for— 

10 (A) the destruction of lethal chemical agents and 

11 munitions in accordance with section 1412 of the De12 partment of Defense Authorization Act, 1986 (50 

13 U.S.C. 1521); and 

14 (B) the destruction of chemical warfare materiel 

15 of the United States that is not covered by section 

16 1412 of such Act. 

17 (c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI18 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be 

19 appropriated for the Department of Defense for fiscal year 

20 2005 for expenses, not otherwise provided for, for Drug 

21 Interdiction and Counter-Drug Activities, Defense-wide, 

22 $852,697,000. 

23 (d) DEFENSE INSPECTOR GENERAL.—Funds are here24 by authorized to be appropriated for the Department of De25 fense for fiscal year 2005 for expenses, not otherwise pro-
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1 vided for, for the Office of the Inspector General of the De2 partment of Defense, $193,562,000, of which— 

3 (1) $191,362,000 is for Operation and Mainte4 nance; 

5 (2) $2,100,000 is for Research, Development, 

6 Test, and Evaluation; and 

7 (3) $100,000 is for Procurement. 

8 SEC. 304. REIMBURSEMENT OF MEMBERS OF THE ARMED 

9 FORCES WHO PURCHASED PROTECTIVE BODY 

10 ARMOR DURING SHORTAGE OF DEFENSE 

11 STOCKS OF BODY ARMOR. 

12 (a) REIMBURSEMENT AUTHORIZED.—The Secretary of 

13 Defense may reimburse a member of the Armed Forces for 

14 the cost of protective body armor purchased by the member, 

15 or by another person on behalf of the member, for use by 

16 the member while deployed in connection with Operation 

17 Noble Eagle, Operation Enduring Freedom, or Operation 

18 Iraqi Freedom if the member was not issued protective body 

19 armor before the member became engaged in operations in 

20 areas or situations described in section 310(a)(2) of title 

21 37, United States Code. 

22 (b) DURATION OF AUTHORITY.—Reimbursement may 

23 be provided under subsection (a) for protective body armor 

24 purchased during the period beginning on September 11, 

25 2001, and ending on December 31, 2003. Not later than 
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1 60 days after the date of the enactment of this Act, the Sec2 retary shall implement regulations to expedite the provision 

3 of such reimbursement. 

4 Subtitle B—Environmental 

5 Provisions 

6 SEC. 311. REPORT REGARDING ENCROACHMENT ISSUES AF7 FECTING UTAH TEST AND TRAINING RANGE, 

8 UTAH. 

9 (a) REPORT REQUIRED.—The Secretary of the Air 

10 Force shall prepare a report that outlines current and an11 ticipated encroachments on the use and utility of the special 

12 use airspace of the Utah Test and Training Range in the 

13 State of Utah, including encroachments brought about 

14 through actions of other Federal agencies. The Secretary 

15 shall include such recommendations as the Secretary con16 siders appropriate regarding any legislative initiatives nec17 essary to address encroachment problems identified by the 

18 Secretary in the report. 

19 (b) SUBMISSION OF REPORT.—Not later than one year 

20 after the date of the enactment of this Act, the Secretary 

21 shall submit the report to the Committee on Armed Services 

22 of the House of Representatives and the Committee on 

23 Armed Services of the Senate. 
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1 Subtitle C—Workplace and Depot 

2 Issues 

3 SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING RE4 QUIREMENTS CONCERNING FUNDS EX5 PENDED FOR DEPOT MAINTENANCE AND RE6 PAIR WORKLOADS. 

7 Subsection (d) of section 2466 of title 10, United States 

8 Code, is amended to read as follows: 

9 ‘‘(d) ANNUAL REPORT AND REVIEW.—(1) Not later 

10 than April 1 of each year, the Secretary of Defense shall 

11 submit to Congress a report identifying, for each of the 

12 armed forces (other than the Coast Guard) and each Defense 

13 Agency, the percentage of the funds referred to in subsection 

14 (a) that was expended during the preceding fiscal year, and 

15 are projected to be expended in the current fiscal year and 

16 next fiscal year, for performance of depot-level maintenance 

17 and repair workloads by the public and private sectors. 

18 ‘‘(2) Not later than 60 days after the date on which 

19 the Secretary submits a report under paragraph (1), the 

20 Comptroller General shall submit to Congress the Comp21 troller General’s views on whether— 

22 ‘‘(A) the Department of Defense has complied 

23 with the requirements of subsection (a) during the 

24 preceding fiscal year covered by the report; and 
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1 ‘‘(B) the expenditure projections for the current 

2 fiscal year and next fiscal year are reasonable.’’. 

3 SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT 

4 CONCERNING MANAGEMENT OF DEPOT EM5 PLOYEES. 

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

7 Code, is amended— 

8 (1) by striking ‘‘(a) PROHIBITION ON MANAGE9 MENT BY END STRENGTH.—’’; and 

10 (2) by striking subsection (b). 

11 (b) CLERICAL AMENDMENTS.—(1) The heading of such 

12 section is amended to read as follows: 

13 ‘‘§ 2472. Prohibition on management of depot employ14 ees by end strength’’. 

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

16 146 of such title is amended by striking the item relating 

17 to section 2472 and inserting the following new item: 

‘‘2472. Prohibition on management of depot employees by end strength.’’. 

18 SEC. 323. PUBLIC-PRIVATE COMPETITION FOR WORK PER19 FORMED BY CIVILIAN EMPLOYEES OF DE20 PARTMENT OF DEFENSE. 

21 (a) IN GENERAL.—Section 2461(b) of title 10, United 

22 States Code, is amended by adding at the end the following 

23 new paragraph: 

24 ‘‘(5)(A) A function of the Department of Defense per25 formed by 10 or more civilian employees may not be con-
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1 verted, in whole or in part, to performance by a contractor 

2 unless, the conversion is based on the results of a public3 private competition process that— 

4 ‘‘(i) formally compares the cost of civilian em5 ployee performance of the function with the costs of 

6 performance by a contractor; 

7 ‘‘(ii) creates an agency tender, including a most 

8 efficient organization plan, in accordance with Office 

9 of Management and Budget Circular A–76, as imple10 mented on May 29, 2003; 

11 ‘‘(iii) determines whether the submitted offers 

12 meet the needs of the Department of Defense with re13 spect to factors other than cost, including quality and 

14 reliability; 

15 ‘‘(iv) requires continued performance of the func16 tion by civilian employees if the cost of performance 

17 of the function by a contractor would, over all per18 formance periods required by the solicitation, cost less 

19 than— 

20 ‘‘(I) 10 percent of the personnel-related costs 

21 for performance of that activity or function in 

22 the agency tender; or 

23 ‘‘(II) $10,000,000; and 
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1 ‘‘(v) provides no advantage to an offeror for a 

2 proposal to reduce costs for the Department of Defense 

3 by— 

4 ‘‘(I) not making an employer-sponsored 

5 health insurance plan available to the workers 

6 who are to be employed in the performance of 

7 such function under a contract; or 

8 ‘‘(II) offering to such workers an employer9 sponsored health benefits plan that requires the 

10 employer to contribute less towards the premium 

11 or subscription share than that which is paid by 

12 the Department of Defense for health benefits for 

13 civilian employees under chapter 89 of title 5. 

14 ‘‘(B) Any modification, reorganization, division, or 

15 other change in the organization of a function of the De16 partment of Defense so that is performed by less than 10 

17 civilian employees of the Department of Defense and, there18 fore, excluded from subparagraph (A), is prohibited. 

19 ‘‘(C) Any function that is performed by civilian em20 ployees of the Department of Defense and is proposed to 

21 be reengineered, reorganized, modernized, upgraded, ex22 panded, or changed in order to become more efficient, but 

23 the civilian employees would still provide essentially the 

24 same service, is subject to the competition requirement in 

25 subparagraph (A). 
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1 ‘‘(D) The cost savings requirement specified in sub2 paragraph (A) does not apply to any contracts for special 

3 studies and analyses, construction services, architectural 

4 services, medical services, scientific and technical services 

5 related to (but not in support of) research and development, 

6 and depot-level maintenance and repair services. 

7 ‘‘(E) The Secretary of Defense may waive the competi8 tion requirement in specific instances if— 

9 ‘‘(i) the written waiver is prepared by the Sec10 retary of Defense, or the relevant Assistant Secretary 

11 or agency head; 

12 ‘‘(ii) the written waiver is accompanied by a de13 tailed determination that national security interests 

14 are so compelling as to preclude compliance with the 

15 requirement for a public-private competition; and 

16 ‘‘(iii) a copy of the waiver is published in the 

17 Federal Register within 10 working days after the 

18 date on which the waiver is invoked, although use of 

19 the waiver need not be delayed until its publication.’’. 

20 (b) RELATION TO PILOT PROGRAM.—Paragraph (5) of 

21 section 2461(b) of title 10, United States Code, as added 

22 by subsection (a) shall not apply with respect to the pilot 

23 program for best-value source selection for performance of 

24 information technology services authorized by section 336 

25 of the National Defense Authorization Act for Fiscal Year 
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1 2004 (Public Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 

2 note). 

3 SEC. 324. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM. 

4 (a) PURPOSE.—The Secretary of Defense shall estab5 lish a pilot program to examine the use of the public-private 

6 competition process of Office of Management and Budget 

7 Circular A–76 on new requirements, as defined by such Cir8 cular, and functions currently being performed by contrac9 tors that could be performed by civilian employees. 

10 (b) DURATION.—The Secretary of Defense shall carry 

11 out the pilot program during fiscal years 2005 and 2006. 

12 (c) REQUIREMENT FOR PUBLIC-PRIVATE COMPETI13 TION FOR NEW WORK.—(1) By the end of the pilot project, 

14 the Secretary of Defense shall have allowed civilian employ15 ees to compete through the standard competition process of 

16 Office of Management and Budget Circular A–76 for new 

17 requirements, as defined by such Circular, that are approxi18 mately one-tenth in value of the funds spent by the Depart19 ment of Defense during the two fiscal years of the pilot 

20 project on all functions that are considered new require21 ments, as defined by such Circular. 

22 (2) The Department of Defense shall not receive credit 

23 towards compliance with the pilot program for subjecting 

24 to public-private competition— 
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1 (A) any contract to be awarded to small business 

2 concerns that meet the requirements under section 

3 3(a) of the Small Business Act (15 U.S.C. 632(a)) 

4 and regulations under that section; 

5 (B) any contract to be performed by contractor 

6 employees who are represented by a private sector 

7 labor union; or 

8 (C) any contract related to special studies and 

9 analyses, construction services, architectural services, 

10 medical services, scientific and technical services re11 lated to (but not in support of) research and develop12 ment, and depot-level maintenance and repair serv13 ices. 

14 (d) FUNCTIONS PERFORMED BY CONTRACTORS.—(1) 

15 By the end of the pilot project, the Secretary of Defense shall 

16 have subjected a number of contractor employees to public17 private competition through the standard competition proc18 ess of Office of Management and Budget Circular A–76 that 

19 is approximately one-tenth of the number of civilian em20 ployees subject to public-private competition during the two 

21 fiscal years of the pilot project. 

22 (2) The Department of Defense shall, to the extent pos23 sible, subject to public-private competition those positions 

24 held by contractor employees that are associated with func25 tions that are or have been performed at least in part by 
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1 Federal employees at any time on or after October 1, 1980; 

2 and 

3 (3) Subsection (c)(2) shall also apply to this sub4 section. 

5 (e) WAIVER.—The implementation of the pilot project 

6 may be waived if— 

7 (1) the written waiver is prepared by the Sec8 retary of Defense; 

9 (2) the written waiver is accompanied by a de10 tailed determination that national security interests 

11 are so compelling as to preclude compliance with the 

12 competition requirement; and 

13 (3) a copy of the waiver is published in the Fed14 eral Register within 10 working days after the date 

15 on which the waiver is invoked, although use of the 

16 waiver need not be delayed until its publication. 

17 (f) REPORT.—At the end of each fiscal year of the pilot 

18 program, the Inspector General of the Department of De19 fense shall submit to Congress a report on the results of the 

20 pilot program, including the extent to which the Depart21 ment of Defense complied with the requirements of this sec22 tion. 
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1 SEC. 325. SENSE OF CONGRESS ON EQUITABLE LEGAL 

2 STANDING FOR CIVILIAN EMPLOYEES. 

3 It is the sense of Congress that, in order to ensure that, 

4 when public-private competitions are held, they are con5 ducted as fairly, effectively, and efficiently as possible, com6 peting parties, both Department of Defense civilian employ7 ees (or their representatives) and contractors (or their rep8 resentatives) should receive comparable treatment through9 out the competition regarding access to relevant informa10 tion and legal standing to challenge the way a competition 

11 has been conducted at all appropriate forums, including the 

12 General Accounting Office and the United States Court of 

13 Federal Claims. 

14 SEC. 326. COMPETITIVE SOURCING REPORTING REQUIRE15 MENT. 

16 (a) REPORT REQUIRED.—Not later than February 1, 

17 2005, the Inspector General of the Department of Defense 

18 shall submit to Congress a report addressing whether the 

19 Department of Defense— 

20 (1) employs a sufficient number of adequately 

21 trained civilian employees to conduct satisfactorily, 

22 taking into account equity, efficiency and expeditious23 ness, all of the public-private competitions that are 

24 scheduled to be undertaken by the Department of De25 fense during the next fiscal year (including a suffi26 cient number of employees to formulate satisfactorily 
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1 the performance work statements and most efficient 

2 organization plans for the purposes of such competi3 tions) and to administer any resulting contracts; and 

4 (2) has implemented a comprehensive and reli5 able system to track and assess the cost and quality 

6 of the performance of functions of the Department of 

7 Defense by service contractors, to update the records 

8 of such costs and the assessments each fiscal quarter, 

9 and to make such information available in reports to 

10 Congress and the public, including through the use of 

11 electronic means, except that proprietary information 

12 and information to which section 552(b)(1) of title 5, 

13 United States Code, applies shall be excised from in14 formation published or reports made available. 

15 (b) ELEMENTS OF TRACKING SYSTEM.—The system of 

16 the Department of Defense for tracking cost and quality of 

17 performance of a function under a service contract shall in18 clude at least the following data elements: 

19 (1) The contract number and the applicable Fed20 eral supply class or service code. 

21 (2) The name, business address, and business 

22 telephone of the agency official who supervises the 

23 service contract. 

24 (3) The statutory, regulatory, or other authority 

25 for entering into the service contract and, if a public- 
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1 private competition was not used in the determina2 tion of whether to provide for performance of the ac3 tivity or function by a contractor, an explanation of 

4 the reasons for not doing so. 

5 (4) The cost to the Department of Defense of con6 ducting the public-private competition under Office of 

7 Management and Budget Circular A–76, if one was 

8 undertaken, including the cost of consultants as well 

9 as civilian employees. 

10 (5) In the case of a function formerly performed 

11 by civilian employees, the actual cost of the perform12 ance by such employees. 

13 (6) The cost to the Department of Defense of ci14 vilian employee performance of the function under the 

15 most efficient organization plan. 

16 (7) The anticipated cost of contractor perform17 ance, based on the award. 

18 (8) The cost to the Department of Defense for 

19 performance of the function by the contractor. 

20 (9) A description of the quality control process 

21 used by the agency in connection with monitoring the 

22 contract performance (including the applicable qual23 ity control standards and the frequency of the quality 

24 control reports), together with an assessment of wheth-
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1 er the contractor achieved, exceeded, or failed to 

2 achieve the quality control standards. 

3 (c) ASSESSMENT OF TRACKING SYSTEM.—The Inspec4 tor General of the Department of Defense shall include in 

5 the report required by subsection (a) an assessment of the 

6 comprehensiveness and reliability of the Department of De7 fense system for tracking cost and quality of performance 

8 of a function under a service contract, including compliance 

9 with each of the requirements specified in subsection (b). 

10 The Inspector General shall base the assessment on an audit 

11 of a representative sample of service contracts. The report 

12 shall also include recommendations by the Inspector Gen13 eral regarding how weaknesses identified in the Department 

14 of Defense infrastructure for competitive sourcing can be 

15 rectified, whether through the use of different processes or 

16 the availability of additional employees, additional train17 ing, or additional resources. 

18 Subtitle D—Information 

19 Technology 

20 SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE 

21 PLAN FOR TRANSITION TO INTERNET PRO22 TOCOL VERSION 6. 

23 (a) TRANSITION PLAN.—The Secretary of Defense shall 

24 prepare a plan to provide for the transition of Department 

25 of Defense information technology systems to Internet Pro-
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1 tocol version 6 from the present use of Internet Protocol 

2 version 4 and other network protocols. The plan shall out3 line the networking and security system equipment that will 

4 need to be replaced, including the timing and costs of such 

5 replacement, address how the current and new networks and 

6 security systems will be managed, and assess the potential 

7 impact of the transition, include any proposed measures to 

8 alleviate any adverse affects. In preparing the transition 

9 plan, the Secretary shall compare private industry plans 

10 for the transition to Internet Protocol version 6. 

11 (b) TESTING AND EVALUATION FOR INTERNET PRO12 TOCOL.—To determine whether a change to the use of Inter13 net Protocol version 6 will support Department of Defense 

14 requirements, the Secretary of Defense shall provide for a 

15 rigorous, real-world end-to-end testing of Internet Protocol 

16 version 6, as proposed for use by the Department, to evalu17 ate the following: 

18 (1) The ability of Internet Protocol version 6, 

19 with its ‘‘best effort’’ quality of service, to satisfactory 

20 support the Department’s multiple applications and 

21 other information technology systems, including the 

22 use of Internet Protocol version 6 over bandwidth-con23 strained tactical circuits. 
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1 (2) The ability of the Department’s networks 

2 using Internet Protocol version 6 to respond to, and 

3 perform under, heavy loading of the core networks. 

4 (c) SUBMISSION OF PLAN AND RESULTS.—Not later 

5 than March 31, 2005, the Secretary of Defense shall submit 

6 to the congressional defense committees a report containing 

7 the transition plan prepared under subsection (a) and the 

8 results of the tests conducted under subsection (b). 

9 SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, 

10 SYSTEM ACCOUNTABILITY, AND CONDITIONS 

11 FOR OBLIGATION OF FUNDS FOR DEFENSE 

12 BUSINESS SYSTEM MODERNIZATION. 

13 (a) IN GENERAL.—(1) Chapter 131 of title 10, United 

14 States Code, is amended by inserting before section 2223 

15 the following new section: 

16 ‘‘§ 2222. Defense business systems: architecture, ac17 countability, and modernization 

18 ‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR DE19 FENSE BUSINESS SYSTEM MODERNIZATION.—Effective 

20 January 1, 2005, funds appropriated to the Department 

21 of Defense may not be obligated for a defense business sys22 tem modernization that will have a total cost in excess of 

23 $1,000,000 unless— 

24 ‘‘(1) the approval authority designated for the 

25 defense business system certifies to the Defense Busi-
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1 ness Systems Management Committee established by 

2 section 186 of this title that the defense business sys3 tem modernization— 

4 ‘‘(A) is in compliance with the enterprise 

5 architecture developed under subsection (b), or 

6 such compliance is waived in writing by the ap7 proval authority as a result of the investment re8 view process conducted under subsection (d) for 

9 the defense business system modernization; and 

10 ‘‘(B) will be acquired or developed in a 

11 manner consistent with the system acquisition 

12 regulations and instructions of the Department 

13 of Defense; and 

14 ‘‘(2) the Defense Business Systems Management 

15 Committee approves the certification by the approval 

16 authority. 

17 ‘‘(b) ENTERPRISE ARCHITECTURE FOR DEFENSE

18 BUSINESS SYSTEMS.—Not later than September 30, 2005, 

19 the Secretary of Defense, acting through the Defense Busi20 ness Systems Management Committee, shall develop— 

21 ‘‘(1) an enterprise architecture to cover all de22 fense business systems, and the functions and activi23 ties supported by defense business systems, which shall 

24 be sufficiently defined to effectively guide, constrain, 

25 and permit implementation of interoperable defense 
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1 business system solutions and consistent with the poli2 cies and procedures established by the Director of the 

3 Office of Management and Budget, and 

4 ‘‘(2) a transition plan for implementing the en5 terprise architecture for defense business systems. 

6 ‘‘(c) APPROVAL AUTHORITIES AND ACCOUNTABILITY

7 FOR DEFENSE BUSINESS SYSTEMS.—The Secretary of De8 fense shall delegate responsibility for the planning, design, 

9 acquisition, deployment, operation, maintenance, mod10 ernization, and oversight of defense business systems as fol11 lows: 

12 ‘‘(1) The Under Secretary of Defense for Acquisi13 tion, Technology and Logistics shall be responsible 

14 and accountable for any defense business system the 

15 primary purpose of which is to support acquisition 

16 activities, logistics activities, or installations and en17 vironment activities of the Department of Defense. 

18 ‘‘(2) The Under Secretary of Defense (Comp19 troller) shall be responsible and accountable for any 

20 defense business system the primary purpose of which 

21 is to support financial management activities or stra22 tegic planning and budgeting activities of the Depart23 ment of Defense. 

24 ‘‘(3) The Under Secretary of Defense for Per25 sonnel and Readiness shall be responsible and ac-
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1 countable for any defense business system the primary 

2 purpose of which is to support human resource man3 agement activities of the Department of Defense. 

4 ‘‘(4) The Assistant Secretary of Defense for Net5 works and Information Integration and the Chief In6 formation Officer of the Department of Defense shall 

7 be responsible and accountable for any defense busi8 ness system the primary purpose of which is to sup9 port information technology infrastructure or infor10 mation assurance activities of the Department of De11 fense. 

12 ‘‘(5) The Deputy Secretary of Defense or an 

13 Under Secretary of Defense, as designated by the Sec14 retary of Defense, shall be responsible for any defense 

15 business system the primary purpose of which is to 

16 support any activity of the Department of Defense not 

17 covered by paragraphs (1) through (4). 

18 ‘‘(d) DEFENSE BUSINESS SYSTEM INVESTMENT RE19 VIEW.—(1) The Secretary of Defense shall require each ap20 proval authority designated under subsection (c) to estab21 lish, not later than March 15, 2005, an investment review 

22 process, consistent with section 11312 of title 40, to review 

23 the planning, design, acquisition, development, deployment, 

24 operation, maintenance, modernization, and project cost 

25 benefits and risks of all defense business systems for which 
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1 the approval authority is responsible. The investment re2 view process so established shall specifically address the re3 sponsibilities of approval authorities under subsection (a). 

4 ‘‘(2) The review of defense business systems under the 

5 investment review process shall include the following: 

6 ‘‘(A) Review and approval by an investment re7 view board of each defense business system as an in8 vestment before the obligation of funds on the system. 

9 ‘‘(B) Periodic review, but not less than annually, 

10 of every defense business system investment. 

11 ‘‘(C) Representation on each investment review 

12 board by appropriate officials from among the armed 

13 forces, combatant commands, the Joint Chiefs of Staff, 

14 and Defense Agencies. 

15 ‘‘(D) Use of threshold criteria to ensure an ap16 propriate level of review within the Department of 

17 Defense of, and accountability for, defense business 

18 system investments depending on scope, complexity, 

19 and cost. 

20 ‘‘(e) BUDGET INFORMATION.—In the materials that 

21 the Secretary submits to Congress in support of the budget 

22 submitted by the President to Congress under section 1105 

23 of title 31 for fiscal year 2006 and fiscal years thereafter, 

24 the Secretary of Defense shall— 
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1 ‘‘(1) identify the approval authority for each de2 fense business system; and 

3 ‘‘(2) for each defense business system for which 

4 funding is proposed in the budget— 

5 ‘‘(A) certify that the defense business system 

6 complies with the defense business enterprise ar7 chitecture; or 

8 ‘‘(B) explain why funds for such system are 

9 necessary to maintain a mission critical or mis10 sion essential system of the Department of De11 fense, notwithstanding its noncompliance with 

12 the defense business enterprise architecture. 

13 ‘‘(f) CONGRESSIONAL REPORTS.—Not later than 

14 March 15 of each year from 2005 through 2009, the Sec15 retary of Defense shall submit to the congressional defense 

16 committees a report on Department of Defense compliance 

17 with the requirements of this section. The first report shall 

18 define plans and commitments for meeting the requirements 

19 of subsection (a), including specific milestones and perform20 ance measures. Subsequent reports shall— 

21 ‘‘(1) describe actions taken and planned for 

22 meeting the requirements of subsection (a), includ23 ing— 

24 ‘‘(A) specific milestones and actual perform25 ance against specified performance measures, 
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1 and any revision of such milestones and per2 formance measures; and 

3 ‘‘(B) specific actions on the defense business 

4 system modernizations submitted for certification 

5 under such subsection; 

6 ‘‘(2) identify the number of defense business sys7 tem modernizations so certified; 

8 ‘‘(3) identify any defense business system mod9 ernization with an obligation in excess of $1,000,000 

10 during the preceding fiscal year that was not certified 

11 under subsection (a), and the reasons for the waiver; 

12 and 

13 ‘‘(4) discuss specific improvements in business 

14 operations and cost savings resulting from successful 

15 defense business systems modernization efforts. 

16 ‘‘(g) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘approval authority’, with respect 

18 to a defense business system, means the Department 

19 of Defense official responsible for the defense business 

20 system, as designated by subsection (c). 

21 ‘‘(2) The term ‘defense business system’ means an 

22 information system, other than a national security 

23 system, operated by, for, or on behalf of the Depart24 ment of Defense, including financial systems, mixed 

25 systems, financial data feeder systems, and informa-
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1 tion technology and information assurance infrastruc2 ture, used to support business activities, such as ac3 quisition, financial management, logistics, strategic 

4 planning and budgeting, installations and environ5 ment, and human resource management. 

6 ‘‘(3) The term ‘defense business system mod7 ernization’ means— 

8 ‘‘(A) the acquisition or development of a 

9 new defense business system; or 

10 ‘‘(B) any significant modification or en11 hancement of an existing defense business system 

12 (other than necessary to maintain current serv13 ices). 

14 ‘‘(4) The term ‘enterprise architecture’ has the 

15 meaning given that term in section 3601(4) of title 

16 44. 

17 ‘‘(5) The terms ‘information system’ and ‘infor18 mation technology’ have the meanings given those 

19 terms in section 11101 of title 40. 

20 ‘‘(6) The term ‘national security system’ has the 

21 meaning given that term in section 2315 of this 

22 title.’’. 

23 (2) The table of sections at the beginning of such chap24 ter is amended by inserting before the item relating to sec25 tion 2223 the following new item: 
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‘‘2222. Defense business systems: architecture, accountability, and modernization.’’. 

1 (b) DEFENSE BUSINESS SYSTEM MANAGEMENT COM2 MITTEE.—Chapter 7 of such title is amended by adding at 

3 the end the following new section: 

4 ‘‘§ 186. Defense business system management Com5 mittee 

6 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall 

7 establish a Defense Business Systems Management Com8 mittee, to be composed of the following persons: 

9 ‘‘(1) The Deputy Secretary of Defense, who shall 

10 serve as the chairman of the Committee. 

11 ‘‘(2) The Under Secretary of Defense for Acquisi12 tion, Logistics, and Technology. 

13 ‘‘(3) The Under Secretary of Defense for Per14 sonnel and Readiness. 

15 ‘‘(4) The Under Secretary of Defense (Comp16 troller). 

17 ‘‘(5) The Assistant Secretary of Defense for Net18 works and Information Integration. 

19 ‘‘(6) The Secretaries of the military departments 

20 and the heads of the Defense Agencies. 

21 ‘‘(7) Such additional personnel of the Depart22 ment of Defense (including personnel assigned to the 

23 Joint Chiefs of Staff and combatant commands) as 

24 are designated by the Secretary of Defense. 
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1 ‘‘(b) DUTIES.—(1) In addition to any other matters 

2 assigned to the Committee by the Secretary of Defense, the 

3 Committee shall— 

4 ‘‘(A) recommend to the Secretary of Defense poli5 cies and procedures necessary to effectively integrate 

6 the requirements of section 2222 of this title into all 

7 business activities and any transformation, reform, 

8 reorganization, or process improvement initiatives 

9 undertaken within the Department of Defense; and 

10 ‘‘(B) review and approve any major update of 

11 the defense business enterprise architecture developed 

12 under subsection (b) of section 2222 of this title, in13 cluding evolving the architecture, and of defense busi14 ness systems modernization plans. 

15 ‘‘(2) The Committee shall be responsible for coordi16 nating defense business system modernization initiatives to 

17 maximize benefits and minimize costs for the Department 

18 of Defense and periodically report to the Secretary on the 

19 status of defense business system modernization efforts. 

20 ‘‘(3) The Committee shall ensure that funds are obli21 gated for defense business system modernization in a man22 ner consistent with section 2222 of this title. 

23 ‘‘(c) DEFINITIONS.—In this section, the terms ‘defense 

24 business system’ and ‘defense business system moderniza-
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1 tion’ have the meanings given such terms in section 2222 

2 of this title.’’. 

3 (2) The table of sections at the beginning of such chap4 ter is amended by adding at the end the following new item: 

‘‘186. Defense Business System Management Committee.’’. 

5 (c) DELEGATION OF ADMINISTRATIVE RESPONSI6 BILITY.—The delegation of responsibility for the planning, 

7 design, acquisition, deployment, operation, maintenance, 

8 modernization, and oversight of defense business systems re9 quired by subsection (c) of section 2222 of title 10, United 

10 States Code, as added by subsection (a)(1), shall be com11 pleted not later than 60 days after the date of the enactment 

12 of this Act. 

13 (d) RELATION TO ANNUAL REGISTRATION REQUIRE14 MENTS.—Nothing in sections 186 and 2222 of title 10, 

15 United States Code, as added by this section, shall be con16 strued to alter the requirements of section 8084 of the De17 partment of Defense Appropriations Act, 2004 (Public Law 

18 108–87; 117 Stat. 1091), with regard to information tech19 nology systems (as defined in subsection (d) of such section). 

20 (e) REPEAL OF OBSOLETE FINANCIAL MANAGEMENT

21 ENTERPRISE ARCHITECTURE REQUIREMENTS.—Section 

22 1004 of the Bob Stump National Defense Authorization Act 

23 for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 113 

24 note) is repealed. 
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1 SEC. 333. ESTABLISHMENT OF JOINT PROGRAM OFFICE TO 

2 IMPROVE INTEROPERABILITY OF BATTLE3 FIELD MANAGEMENT COMMAND AND CON4 TROL SYSTEMS. 

5 (a) OFFICE FOR FAMILY OF INTEROPERABLE PIC6 TURES.—The Secretary of Defense shall designate a single 

7 joint program office in the Department of Defense for the 

8 management of battlefield management command and con9 trol systems of the Armed Forces, known as the ‘‘Family 

10 of Interoperable Pictures’’, to improve the interoperability 

11 of such systems so that members of the Armed Forces may 

12 access a common operational picture of the battlefield. The 

13 office shall include at a minimum the Single Integrated Air 

14 Picture, the Single Integrated Ground Picture, the Single 

15 Integrated Maritime Picture, the Special Operations Forces 

16 Picture, and the Single Integrated Space Picture. The Sec17 retary shall provide for the head of the office to be selected 

18 on a rotating basis among related offices of the Army, Navy, 

19 Air Force, and Marine Corps. 

20 (b) COMMON SYSTEMS ARCHITECTURE.—The Sec21 retary of Defense shall develop, implement, and maintain 

22 a common systems architecture for all battlefield manage23 ment command and control systems included in the Family 

24 of Interoperable Pictures. 

25 (c) CONSOLIDATED PROGRAM ELEMENTS.—All funds 

26 for development and procurement related to the Family of 
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1 Interoperable Pictures shall be consolidated under the office 

2 designated under subsection (a). 

3 (d) PROGRAM DEVELOPMENT.—The head of the office 

4 designated under subsection (a), subject to the authority, 

5 direction, and control of the Secretary of Defense, shall— 

6 (1) establish and control the performance speci7 fications for the battlefield management command 

8 and control systems included in the Family of Inter9 operable Pictures; 

10 (2) establish and control the standards for devel11 opment of the software and equipment for the Family 

12 of Interoperable Pictures; 

13 (3) establish and control the standards for oper14 ation of the Family of Interoperable Pictures; and 

15 (4) develop a single, unified concept of oper16 ations for all users of the Family of Interoperable 

17 Pictures. 

18 Subtitle E—Readiness Reporting 

19 Requirements 

20 SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 

21 OPERATION AND FINANCIAL SUPPORT FOR 

22 MILITARY MUSEUMS. 

23 (a) REPORT REQUIRED.—Chapter 23 of title 10, 

24 United States Code, is amended by adding at the end the 

25 following new section: 
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1 ‘‘§ 489. Annual report on Department of Defense oper2 ation and financial support for military 

3 museums 

4 ‘‘(a) REPORT REQUIRED.—As part of the budget mate5 rials submitted to Congress in connection with the submis6 sion of the budget for a fiscal year pursuant to section 1105 

7 of title 31, but in no case later than March 15 of each year, 

8 the Secretary of Defense shall submit a report identifying 

9 all museums that, during the preceding fiscal year— 

10 ‘‘(1) were operated by the Department of Defense 

11 or a military department; or 

12 ‘‘(2) were otherwise supported using funds ap13 propriated to the Department of Defense. 

14 ‘‘(b) CONTENT OF REPORT.—For each museum identi15 fied in a report under this section, the Secretary of Defense 

16 shall include in the report the following: 

17 ‘‘(1) The purpose and functions of the museum 

18 and the justification for the museum 

19 ‘‘(2) A description of the facilities dedicated to 

20 the museum. 

21 ‘‘(3) An itemized listing of the funds appro22 priated to the Department of Defense that were obli23 gated to support the museum during the fiscal year 

24 covered by the report, as well as any other Federal 

25 funds, funds from a nonappropriated fund instrumen-
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1 tality account of the Department of Defense, and non2 Federal funds obligated to support the museum. 

3 ‘‘(4) The number of civilian employees of the De4 partment of Defense who serve full-time or part-time 

5 at the museum. 

6 ‘‘(5) The number of members of the armed forces 

7 who serve full-time or part-time at the museum.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of such chapter is amended by adding at the 

10 end the following new item: 

‘‘489. Annual report on Department of Defense operation and financial support 

for military museums.’’. 

11 SEC. 342. REPORT ON DEPARTMENT OF DEFENSE PRO12 GRAMS FOR PREPOSITIONING OF MATERIAL 

13 AND EQUIPMENT. 

14 (a) SECRETARY OF DEFENSE ASSESSMENT AND RE15 PORT.—(1) The Secretary of Defense shall conduct an as16 sessment of the programs of the Department of Defense for 

17 the prepositioning of material and equipment. Such assess18 ment shall particularly focus on how those programs will 

19 be incorporated into achievement of the goals of the Sec20 retary of Defense (referred to as the ‘‘10–30–30’’ goals) for 

21 the Armed Forces to have the capability, from the onset of 

22 a contingency situation, of deploying forces to a distant the23 ater within 10 days, defeating an enemy within 30 days, 
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1 and being ready for an additional conflict within another 

2 30 days. 

3 (2) The Secretary shall submit to Congress a report 

4 on such assessment not later than October 1, 2005. 

5 (b) MATTERS TO BE INCLUDED.—The assessment 

6 under subsection (a) shall include the prepositioning pro7 grams of each of the Armed Forces and of the United States 

8 Special Operations Command as well as assessment of each 

9 of the following: 

10 (1) Use of prepositioned equipment as part of 

11 Operation Iraqi Freedom and Operation Enduring 

12 Freedom and potential solutions to identified chal13 lenges. 

14 (2) Changes to doctrine, strategy, and transpor15 tation plans to support the goals of the Secretary de16 scribed in subsection (a) and referred to as the 10– 

17 30–30 goals in light of the current lift constraints fac18 ing both land and sea components of lift as well as 

19 the emerging mobility requirements. 

20 (3) Modifications of the prepositioning programs 

21 of the Armed Forces in order to adapt to pending 

22 modularity concepts, future force structure changes, 

23 and new sea basing concepts in relation to current 

24 and potential areas of instability. 
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1 (4) Joint operations and training that include 

2 theater opening requirements at potential aerial and 

3 sea ports of debarkation, joint force reception capa4 bilities, joint theater distribution operations, and use 

5 of joint prepositioned stocks and systems. 

6 Subtitle F—Other Matters 

7 SEC. 351. EXTENSION OF ARSENAL SUPPORT PROGRAM INI8 TIATIVE. 

9 (a) DURATION OF PROGRAM.—Subsection (a) of sec10 tion 343 of the Floyd D. Spence National Defense Author11 ization Act for Fiscal Year 2001 (as enacted into law by 

12 Public Law 106–398; 10 U.S.C. 4551 note) is amended by 

13 striking ‘‘2004’’ and inserting ‘‘2008’’. 

14 (b) ADDITIONAL REPORT REQUIRED.—Subsection (g) 

15 of such section is amended— 

16 (1) in paragraph (1), by striking ‘‘2004’’ and in17 serting ‘‘2008’’; and 

18 (2) in paragraph (2), by striking ‘‘2003’’ and in19 serting ‘‘2007’’. 

20 SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTA21 TION OF MID-RANGE FINANCIAL IMPROVE22 MENT PLAN. 

23 Amounts appropriated to the Department of Defense 

24 for fiscal year 2005 for operation and maintenance may 

25 not be obligated for the purpose of preparing or imple-
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1 menting the Mid-Range Financial Improvement Plan until 

2 the Secretary of Defense submits a report to the congres3 sional defense committees containing, for each of the mili4 tary departments and the Defense Agencies— 

5 (1) an explanation of the manner in which funds 

6 will be used for such purpose during that fiscal year; 

7 and 

8 (2) an estimate of the costs for future fiscal years 

9 to prepare and implement the plan. 

10 SEC. 353. PROCUREMENT OF FOLLOW-ON CONTRACTS FOR 

11 THE OPERATION OF FIVE CHAMPION-CLASS 

12 T–5 TANK VESSELS. 

13 The Secretary of the Navy may consider bids or pro14 posals for the follow-on contracts for the Department of the 

15 Navy contracts for the operation of five Champion-class T– 

16 5 tank vessels only from an entity that is a citizen under 

17 section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802). 

18 SEC. 354. SENSE OF CONGRESS ON AMERICA’S NATIONAL 

19 WORLD WAR I MUSEUM. 

20 (a) FINDINGS.—The Congress finds as follows: 

21 (1) The Liberty Memorial Museum in Kansas 

22 City, Missouri, was built in 1926 in honor of those 

23 individuals who served in World War I in defense of 

24 liberty and the Nation. 
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1 (2) The Liberty Memorial Association, a non2 profit organization which originally built the Liberty 

3 Memorial Museum, is responsible for the finances, op4 erations, and collections management of the Liberty 

5 Memorial Museum. 

6 (3) The Liberty Memorial Museum is the only 

7 public museum in the Nation that exists for the exclu8 sive purpose of interpreting the experiences of the 

9 United States and its allies in the World War I years 

10 (1914–1918), both on the battlefield and on the home 

11 front. 

12 (4) The Liberty Memorial Museum project began 

13 after the 1918 Armistice through the efforts of a large14 scale, grass-roots civic and fundraising effort by the 

15 citizens and veterans of the Kansas City metropolitan 

16 area. After the conclusion of a national architectural 

17 design competition, ground was broken in 1921, con18 struction began in 1923, and the Liberty Memorial 

19 Museum was opened to the public in 1926. 

20 (5) In 1994, the Liberty Memorial Museum 

21 closed for a massive restoration and expansion 

22 project. The restored museum reopened to the public 

23 on Memorial Day, 2002, during a gala rededication 

24 ceremony. 
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1 (6) Exhibits prepared for the original museum 

2 buildings presaged the dramatic, underground expan3 sion of core exhibition gallery space, with over 30,000 

4 square feet of new interpretive and educational exhib5 its currently in development. The new exhibits, along 

6 with an expanded research library and archives, will 

7 more fully utilize the many thousands of historical 

8 objects, books, maps, posters, photographs, diaries, let9 ters, and reminiscences of World War I participants 

10 that are preserved for posterity in the Liberty Memo11 rial Museum’s collections. The new core exhibition is 

12 scheduled to open on Veterans Day, 2006. 

13 (7) The City of Kansas City, the State of Mis14 souri, and thousands of private donors and philan15 thropic foundations have contributed millions of dol16 lars to build and later to restore this national treas17 ure. The Liberty Memorial Museum continues to re18 ceive the strong support of residents from the States 

19 of Missouri and Kansas and across the Nation. 

20 (8) Since the restoration and rededication of 

21 2002, the Liberty Memorial Museum has attracted 

22 thousands of visitors from across the United States 

23 and many foreign countries. 

24 (9) There remains a need to preserve in a mu25 seum setting evidence of the honor, courage, patriot-
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1 ism, and sacrifice of those Americans who offered 

2 their services and who gave their lives in defense of 

3 liberty during World War I, evidence of the roles of 

4 women and African Americans during World War I, 

5 and evidence of other relevant subjects. 

6 (10) The Liberty Memorial Museum seeks to edu7 cate a diverse group of audiences through its com8 prehensive collection of historical materials, empha9 sizing eyewitness accounts of the participants on the 

10 battlefield and the home front and the impact of 

11 World War I on individuals, then and now. The Lib12 erty Memorial Museum continues to actively acquire 

13 and preserve such materials. 

14 (11) A great opportunity exists to use the invalu15 able resources of the Liberty Memorial Museum to 

16 teach the ‘‘Lessons of Liberty’’ to the Nation’s school17 children through on-site visits, classroom curriculum 

18 development, distance learning, and other educational 

19 initiatives. 

20 (12) The Liberty Memorial Museum should al21 ways be the Nation’s museum of the national experi22 ence in the World War I years (1914–1918), where 

23 people go to learn about this critical period and 

24 where the Nation’s history of this monumental strug25 gle will be preserved so that generations of the 21st 
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1 century may understand the role played by the 

2 United States in the preservation and advancement of 

3 democracy, freedom, and liberty in the early 20th cen4 tury. 

5 (13) This initiative to recognize and preserve the 

6 history of the Nation’s sacrifices in World War I will 

7 take on added significance as the Nation approaches 

8 the centennial observance of this event. 

9 (14) It is fitting and proper to refer to the Lib10 erty Memorial Museum as ‘‘America’s National World 

11 War I Museum’’. 

12 (b) SENSE OF CONGRESS.—The Congress— 

13 (1) recognizes the Liberty Memorial Museum in 

14 Kansas City, Missouri, including the museum’s future 

15 and expanded exhibits, collections, library, archives, 

16 and educational programs, as ‘‘America’s National 

17 World War I Museum’’; 

18 (2) recognizes that the continuing collection, 

19 preservation, and interpretation of the historical ob20 jects and other historical materials held by the Lib21 erty Memorial Museum enhance the knowledge and 

22 understanding of the Nation’s people of the American 

23 and allied experience during the World War I years 

24 (1914–1918), both on the battlefield and on the home 

25 front; 
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1 (3) commends the ongoing development and visi2 bility of ‘‘Lessons of Liberty’’ educational outreach 

3 programs for teachers and students throughout the 

4 Nation; and 

5 (4) encourages the need for present generations to 

6 understand the magnitude of World War I, how it 

7 shaped the Nation, other countries, and later world 

8 events, and how the sacrifices made then helped pre9 serve liberty, democracy, and other founding prin10 ciples for generations to come. 

11 TITLE IV—MILITARY PERSONNEL 

12 AUTHORIZATIONS 

13 Subtitle A—Active Forces 

14 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

15 The Armed Forces are authorized strengths for active 

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

17 (1) The Army, 482,400. 

18 (2) The Navy, 365,900. 

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

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

21 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

22 STRENGTH MINIMUM LEVELS. 

23 Effective October 1, 2004, section 691(b) of title 10, 

24 United States Code, is amended as follows: 
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1 (1) NAVY.—Paragraph (2) is amended by strik2 ing ‘‘373,800’’ and inserting ‘‘365,900’’. 

3 (2) AIR FORCE.—Paragraph (4) is amended by 

4 striking ‘‘359,300’’ and inserting ‘‘359,700’’. 

5 SEC. 403. MAXIMUM NUMBER OF RESERVE PERSONNEL AU6 THORIZED TO BE ON ACTIVE DUTY FOR 

7 OPERATIONAL SUPPORT. 

8 During fiscal year 2005, the maximum number of 

9 members of the reserve components of the Armed Forces who 

10 may be serving at any time on full-time operational sup11 port duty under section 115(b) of title 10, United States 

12 Code, is the following: 

13 (1) The Army National Guard of the United 

14 States, 10,300. 

15 (2) The Army Reserve, 5,000. 

16 (3) The Naval Reserve, 6,200. 

17 (4) The Marine Corps Reserve, 2,500. 

18 (5) The Air National Guard of the United 

19 States, 10,100. 

20 (6) The Air Force Reserve, 3,600. 
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1 SEC. 404. ACCOUNTING AND MANAGEMENT OF RESERVE 

2 COMPONENT PERSONNEL PERFORMING AC3 TIVE DUTY OR FULL-TIME NATIONAL GUARD 

4 DUTY FOR OPERATIONAL SUPPORT. 

5 (a) STRENGTH AUTHORIZATIONS.—Section 115 of title 

6 10, United States Code, is amended— 

7 (1) in subsection (a)(1)(A), by inserting ‘‘unless 

8 on active duty pursuant to subsection (b)’’ after ‘‘ac9 tive-duty personnel’’; 

10 (2) in subsection (a)(1)(B), by inserting ‘‘unless 

11 on active duty or full-time National Guard duty pur12 suant to subsection (b)’’ after ‘‘reserve personnel’’; 

13 (3) by redesignating subsections (b), (c), (d), (e), 

14 (f), (g) and (h) as subsections (c), (d), (e), (f), (g), (h) 

15 and (i), respectively; and 

16 (4) by inserting after subsection (a) the following 

17 new subsection (b): 

18 ‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE AU19 THORIZED BY LAW.—(1) Congress shall annually authorize 

20 the maximum number of members of a reserve component 

21 permitted to be on active duty or full-time National Guard 

22 duty at any given time who are called or ordered to— 

23 ‘‘(A) active duty under section 12301(d) of this 

24 title for the purpose of providing operational support, 

25 as prescribed in regulation issued by the Secretary of 

26 Defense; 
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1 ‘‘(B) full-time National Guard duty under sec2 tion 502(f)(2) of title 32 for the purpose of providing 

3 operational support when authorized by the Secretary 

4 of Defense; 

5 ‘‘(C) active duty under section 12301(d) of this 

6 title or full-time National Guard duty under section 

7 502(f) of title 32 for the purpose of preparing for and 

8 performing funeral honors functions for funerals of 

9 veterans under section 1491 of this title; 

10 ‘‘(D) active duty or retained on active duty 

11 under sections 12301(g) of this title while in a captive 

12 status; or 

13 ‘‘(E) active duty or retained on active duty 

14 under 12301(h) or 12322 of this title for the purpose 

15 of medical evaluation or treatment. 

16 ‘‘(2) A member of a reserve component who exceeds ei17 ther of the following limits shall be included in the strength 

18 authorized under subparagraph (A) or subparagraph (B), 

19 as appropriate, of subsection (a)(1): 

20 ‘‘(A) A call or order to active duty or full-time 

21 National Guard duty that specifies a period greater 

22 than three years. 

23 ‘‘(B) The cumulative periods of active duty and 

24 full-time National Guard duty performed by the 

25 member exceed 1095 days in the previous 1460 days. 
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1 ‘‘(3) In determining the period of active service under 

2 paragraph (2), the following periods of active service per3 formed by a member shall not be included: 

4 ‘‘(A) All periods of active duty performed by a 

5 member who has not previously served in the Selected 

6 Reserve of the Ready Reserve. 

7 ‘‘(B) All periods of active duty or full-time Na8 tional Guard duty for which the member is exempt 

9 from strength accounting under paragraphs (1) 

10 through (7) of subsection (i).’’. 

11 (b) LIMITATION ON APPROPRIATIONS.—Subsection (c) 

12 of such section (as redesignated by subsection (a)(3)) is 

13 amended— 

14 (1) by striking ‘‘or’’ at the end of paragraph (1); 

15 (2) by striking the period at the end of para16 graph (2) and inserting ‘‘; or’’; and 

17 (3) by inserting after paragraph (2) the fol18 lowing new paragraph: 

19 ‘‘(3) the use of reserve component personnel to 

20 perform active duty or full-time National Guard duty 

21 under subsection (b) unless the strength for such per22 sonnel for that reserve component for that fiscal year 

23 has been authorized by law.’’. 

24 (c) AUTHORITY FOR SECRETARY OF DEFENSE

25 VARIANCES IN MAXIMUM STRENGTHS.—Subsection (f) of 
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1 such section (as redesignated by subsection (a)(2)) is 

2 amended— 

3 (1) by striking ‘‘END’’ in the heading; 

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

5 (2); 

6 (3) by striking the period at the end of para7 graph (3) and inserting ‘‘; and’’; and 

8 (4) by adding at the end the following new para9 graph: 

10 ‘‘(4) increase the maximum strength authorized pursu11 ant to subsection (b)(1) for a fiscal year for certain reserves 

12 on active duty for any of the reserve components by a num13 ber equal to not more than 10 percent of that strength.’’. 

14 (d) CONFORMING AMENDMENTS TO SECTION 115.— 

15 Such section is further amended as follows: 

16 (1) Subsection (e) (as redesignated by subsection 

17 (a)(3)) is amended— 

18 (A) in paragraph (1), by striking ‘‘sub19 section (a) or (c)’’ and inserting ‘‘subsection (a) 

20 or (d)’’; and 

21 (B) in paragraph (2)— 

22 (i) by striking ‘‘subsections (a) and 

23 (c)’’; and inserting ‘‘subsections (a) and 

24 (d)’’; 
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1 (ii) by striking ‘‘pursuant to subsection 

2 (e)) and subsection (c)’’ and inserting ‘‘pur3 suant to subsection (f)) and subsection (d)’’ 

4 each place it appears. 

5 (2) Subsection (g) (as redesignated by subsection 

6 (a)(3)) is amended by striking ‘‘subsection (e)(1)’’ in 

7 paragraph (2) and inserting ‘‘subsection (f)(1)’’. 

8 (3) Subsection (i) (as redesignated by subsection 

9 (a)(3)) is amended to read as follows: 

10 ‘‘(i) CERTAIN PERSONNEL EXCLUDED FROM COUNT11 ING FOR ACTIVE-DUTY END STRENGTHS.—In counting 

12 personnel for the purpose of the end strengths authorized 

13 pursuant to subsection (a)(1), persons in the following cat14 egories shall be excluded: 

15 ‘‘(1) Members of a reserve component ordered to 

16 active duty under section 12301(a) of this title. 

17 ‘‘(2) Members of a reserve component in an ac18 tive status ordered to active duty under section 

19 12301(b) of this title. 

20 ‘‘(3) Members of the Ready Reserve ordered to 

21 active duty under section 12302 of this title. 

22 ‘‘(4) Members of the Selected Reserve of the 

23 Ready Reserve or members of the Individual Ready 

24 Reserve mobilization category described in section 
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1 10144(b) of this title ordered to active duty under sec2 tion 12304 of this title. 

3 ‘‘(5) Members of the National Guard called into 

4 Federal service under section 12406 of this title. 

5 ‘‘(6) Members of the militia called into Federal 

6 service under chapter 15 of this title. 

7 ‘‘(7) Members of reserve components on active 

8 duty for training. 

9 ‘‘(8) Members of the Selected Reserve of the 

10 Ready Reserve on active duty to support programs 

11 described in section 1203(b) of the Cooperative Threat 

12 Reduction Act of 1993 (22 U.S.C. 5952(b)). 

13 ‘‘(9) Members of the National Guard on active 

14 duty or full-time National Guard duty for the pur15 pose of carrying out drug interdiction and counter16 drug activities under section 112 of title 32. 

17 ‘‘(10) Members of a reserve component on active 

18 duty under section 10(b)(2) of the Military Selective 

19 Service Act (50 U.S.C. App. 460(b)(2)) for the ad20 ministration of the Selective Service System. 

21 ‘‘(11) Members of the National Guard on full22 time National Guard duty for the purpose of pro23 viding command, administrative, training, or sup24 port services for the National Guard Challenge Pro25 gram authorized by section 509 of title 32.’’. 
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1 (e) MILITARY TO MILITARY CONTACT STRENGTH AC2 COUNTING.—Subsection (f) of section 168 of such title is 

3 amended to read as follows: 

4 ‘‘(f) ACTIVE DUTY END STRENGTHS.—A member of a 

5 reserve component who is engaged in activities authorized 

6 under this section shall not be counted for purposes of the 

7 following personnel strength limitations: 

8 ‘‘(1) The end strength for active-duty personnel 

9 authorized pursuant to section 115(a)(1) of this title 

10 for the fiscal year in which the member carries out 

11 the activities referred to under this section. 

12 ‘‘(2) The authorized daily average for members 

13 in pay grades E–8 and E–9 under section 517 of this 

14 title for the calendar year in which the member car15 ries out such activities. 

16 (3) The authorized strengths for commissioned 

17 officers under section 523 of this title for the fiscal 

18 year in which the member carries out such activities. 

19 (f) E–8 AND E–9 STRENGTH ACCOUNTING.—Sub20 section (a) of section 517 of such title is amended by strik21 ing ‘‘(other than for training) in connection with orga22 nizing, administering, recruiting, instructing, or training 

23 the reserve component of an armed force.’’ and inserting 

24 ‘‘as authorized under section 115(a)(1)(B) or 115(b) of this 
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1 title, or excluded from counting for active duty end 

2 strengths under section 115(i) of this title.’’. 

3 (g) FIELD GRADE OFFICER STRENGTH ACCOUNT4 ING.—(1) Paragraph (1) of section 523(b) of such title is 

5 amended to read as follows: 

6 ‘‘(A) on active duty as authorized under 

7 section 115(a)(1)(B) or 115(b)(1) of this title, or 

8 excluded from counting for active duty end 

9 strengths under section 115(i) of this title; 

10 ‘‘(B) on active duty under section 10211, 

11 10302 through 10305, or 12402 of this title or 

12 under section 708 of title 32; or 

13 ‘‘(C) on full-time National Guard duty.’’; 

14 and 

15 (2) Paragraph (7) of section 523(b) is amended by 

16 striking ‘‘Reserve or retired officers’’ and inserting ‘‘Retired 

17 officers’’. 

18 (h) ACTIVE GUARD AND RESERVE FIELD GRADE OFFI19 CER STRENGTH ACCOUNTING.—Paragraph (2) of section 

20 12011(e) of such title is amended to read as follows: 

21 ‘‘(2) Full-time National Guard duty (other than 

22 for training) under section 502(f) of title 32, except 

23 for duty under section 115(b)(1)(B) and (C) of this 

24 title and section 115(i)(9) of this title.’’. 
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1 (i) WARRANT OFFICER ACTIVE-DUTY LIST EXCLU2 SION.—Paragraph (1) of section 582 of such title is amend3 ed to read as follows: 

4 ‘‘(1) Reserve warrant officers— 

5 ‘‘(A) on active duty as authorized under 

6 section 115(a)(1)(B) or 115(b)(1) of this title, or 

7 excluded from counting for active duty end 

8 strengths under section 115(i) of this title; or 

9 ‘‘(B) on full-time National Guard duty.’’. 

10 (j) OFFICER ACTIVE-DUTY LIST, APPLICABILITY OF

11 CHAPTER.—Paragraph (1) of section 641 of such is amend12 ed to read as follows: 

13 ‘‘(1) Reserve officers— 

14 ‘‘(A) on active duty authorized under sec15 tion 115(a)(1)(B) or 115(b)(1) of this title, or ex16 cluded from counting for active duty end 

17 strengths under section 115(i) of this title; 

18 ‘‘(B) on active duty under section 3038, 

19 5143, 5144, 8038, 10211, 10301 through 10305, 

20 10502, 10505, 10506(a), 10506(b), 10507, or 

21 12402 of this title or section 708 of title 32; or 

22 ‘‘(C) on full-time National Guard duty.’’. 

23 (k) STRENGTH ACCOUNTING FOR MEMBERS PER24 FORMING DRUG INTERDICTION AND COUNTER-DRUG AC-
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1 TIVITIES.—Section 112 of title 32, United States Code, is 

2 amended— 

3 (1) by striking subsection (e); 

4 (2) by redesignating subsections (f), (g), (h) and 

5 (i) as subsections (e), (f), (g) and (h) respectively; and 

6 (3) in paragraph (1) of subsection (e), as redes7 ignated by paragraph (2), by striking ‘‘for a period 

8 of more than 180 days’’ each place it appears. 

9 (l) REPORT.—Not later than June 1, 2005, the Sec10 retary of Defense shall report to the Committee on Armed 

11 Services of the Senate and the Committee on Armed Serv12 ices of the House of Representatives the Secretary’s rec13 ommendations regarding the exemptions provided in para14 graphs (8) through (11) by section 115(i) of title 10, United 

15 States Code, as amended by this section. The recommenda16 tions shall address the manner in personnel covered by those 

17 exemptions shall be accounted for in authorizations pro18 vided by section 115 of such title. The objective of the anal19 ysis should be to terminate the need for such exemptions 

20 after September 30, 2006. 

21 (m) REGULATIONS.—The Secretary of Defense shall 

22 prescribe by regulation the meaning of the term ‘‘oper23 ational support’’ for purposes of paragraph (1) of sub24 section (b) of section 115 of title 10, United States Code, 

25 as added by subsection (a). 
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1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

4 strengths for Selected Reserve personnel of the reserve com5 ponents as of September 30, 2005, as follows: 

6 (1) The Army National Guard of the United 

7 States, 350,000. 

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

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

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

11 (5) The Air National Guard of the United 

12 States, 106,800. 

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

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

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

16 subsection (a) for the Selected Reserve of any reserve compo17 nent shall be proportionately reduced by— 

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

20 component which are on active duty (other than for 

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

22 (2) the total number of individual members not 

23 in units organized to serve as units of the Selected 

24 Reserve of such component who are on active duty 

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

2 of the fiscal year. 

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

5 strength prescribed for such fiscal year for the Selected Re6 serve of such reserve component shall be increased propor7 tionately by the total authorized strengths of such units and 

8 by the total number of such individual members. 

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

10 DUTY IN SUPPORT OF THE RESERVES. 

11 Within the end strengths prescribed in section 411(a), 

12 the reserve components of the Armed Forces are authorized, 

13 as of September 30, 2005, the following number of Reserves 

14 to be serving on full-time active duty or full-time duty, in 

15 the case of members of the National Guard, for the purpose 

16 of organizing, administering, recruiting, instructing, or 

17 training the reserve components: 

18 (1) The Army National Guard of the United 

19 States, 26,476. 

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

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

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

23 (5) The Air National Guard of the United 

24 States, 12,225. 

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

2 (DUAL STATUS). 

3 The minimum number of military technicians (dual 

4 status) as of the last day of fiscal year 2005 for the reserve 

5 components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall 

7 be the following: 

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

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

10 States, 25,076. 

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

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

13 States, 22,956. 

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

15 NON-DUAL STATUS TECHNICIANS. 

16 (a) LIMITATIONS.—(1) Within the limitation provided 

17 in section 10217(c)(2) of title 10, United States Code, the 

18 number of non-dual status technicians employed by the Na19 tional Guard as of September 30, 2005, may not exceed the 

20 following: 

21 (A) For the Army National Guard of the United 

22 States, 1,600. 

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

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

3 not exceed 795. 

4 (3) The number of non-dual status technicians em5 ployed by the Air Force Reserve as of September 30, 2005, 

6 may not exceed 90. 

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

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

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

10 United States Code. 

11 Subtitle C—Authorizations of 

12 Appropriations 

13 SEC. 421. MILITARY PERSONNEL. 

14 There is hereby authorized to be appropriated to the 

15 Department of Defense for military personnel for fiscal year 

16 2005 a total of $104,647,558,000. The authorization in the 

17 preceding sentence supersedes any other authorization of 

18 appropriations (definite or indefinite) for such purpose for 

19 fiscal year 2005. 

20 SEC. 422. ARMED FORCES RETIREMENT HOME. 

21 There is hereby authorized to be appropriated for fiscal 

22 year 2005 from the Armed Forces Retirement Home Trust 

23 Fund the sum of $61,195,000 for the operation of the Armed 

24 Forces Retirement Home. 
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1 TITLE V—MILITARY PERSONNEL 

2 POLICY 

3 Subtitle A—General and Flag 

4 Officer Matters 

5 SEC. 501. LENGTH OF SERVICE FOR SERVICE CHIEFS. 

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

7 of section 3033(a) of title 10, United States Code, is amend8 ed— 

9 (1) by striking ‘‘for a period of four years’’ in 

10 the first sentence; and 

11 (2) by striking the second and third sentences 

12 and inserting the following: ‘‘The Chief of Staff serves 

13 at the pleasure of the President for a term of four 

14 years. The President may extend the service of an of15 ficer as Chief of Staff for an additional period of not 

16 to exceed two years. In time of war or during a na17 tional emergency declared by Congress, the President 

18 may extend the service of an officer as Chief of Staff 

19 for such additional periods as the President deter20 mines necessary, except that the total period of an of21 ficer’s service as Chief of Staff may not exceed eight 

22 years.’’. 

23 (b) CHIEF OF NAVAL OPERATIONS.—Paragraph (1) of 

24 section 5033(a) of such title is amended by striking the 

25 third and fourth sentences and inserting the following: ‘‘The 
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1 Chief of Naval Operations serves at the pleasure of the 

2 President. The President may extend the service of an offi3 cer as Chief of Naval Operations for an additional period 

4 of not to exceed two years. In time of war or during a na5 tional emergency declared by Congress, the President may 

6 extend the service of an officer as Chief of Naval Operations 

7 for such additional periods as the President determines nec8 essary, except that the total period of an officer’s service 

9 as Chief of Naval Operations may not exceed eight years.’’. 

10 (c) COMMANDANT OF THE MARINE CORPS.—Para11 graph (1) of section 5043(a) of such title is amended by 

12 striking the third and fourth sentences and inserting the 

13 following: ‘‘The Commandant serves at the pleasure of the 

14 President. The President may extend the service of an offi15 cer as Commandant for an additional period of not to ex16 ceed two years. In time of war or during a national emer17 gency declared by Congress, the President may extend the 

18 service of an officer as Commandant for such additional 

19 periods as the President determines necessary, except that 

20 the total period of an officer’s service as Commandant may 

21 not exceed eight years.’’. 

22 (d) CHIEF OF STAFF OF THE AIR FORCE.—Paragraph 

23 (1) of section 8033(a) of such title is amended to read as 

24 follows: 
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1 (1) by striking ‘‘for a period of four years’’ in 

2 the first sentence; and 

3 (2) by striking the second and third sentences 

4 and inserting the following: ‘‘The Chief of Staff serves 

5 at the pleasure of the President for a period of four 

6 years. The President may extend the service of an of7 ficer as Chief of Staff for an additional period of not 

8 to exceed two years. In time of war or during a na9 tional emergency declared by Congress, the President 

10 may extend the service of an officer as Chief of Staff 

11 for such additional periods as the President deter12 mines necessary, except that the total period of an of13 ficer’s service as Chief of Staff may not exceed eight 

14 years.’’. 

15 SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS 

16 AND ASSISTANT CHIEFS OF NAVAL OPER17 ATIONS BE SELECTED FROM OFFICERS IN 

18 THE LINE OF THE NAVY. 

19 (a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Section 

20 5036(a) of title 10, United States Code, is amended by strik21 ing ‘‘in the line’’. 

22 (b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—Sec23 tion 5037(a) of such title is amended by striking ‘‘in the 

24 line’’. 
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1 SEC. 503. INCREASE IN AGE LIMIT FOR DEFERRAL OF MAN2 DATORY RETIREMENT FOR UP TO 10 SENIOR 

3 GENERAL AND FLAG OFFICERS. 

4 Section 1251(b) of title 10, United States Code, is 

5 amended by striking ‘‘64 years of age’’ and inserting ‘‘66 

6 years of age’’. 

7 SEC. 504. INCREASED FLEXIBILITY FOR VOLUNTARY RE8 TIREMENT FOR MILITARY OFFICERS. 

9 (a) IN GENERAL.—Section 1370 of title 10, United 

10 States Code, is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘except as provided in 

14 paragraph (2)’’ and inserting ‘‘subject to 

15 paragraphs (2) and (3)’’; and 

16 (ii) by striking ‘‘, for not less than six 

17 months’’; 

18 (B) by redesignating paragraph (3) as 

19 paragraph (4); and 

20 (C) by striking paragraph (2) and inserting 

21 the following: 

22 ‘‘(2) In order to be eligible for voluntary retirement 

23 under this title in a grade below the grade of lieutenant 

24 colonel or commander, a commissioned officer of the Army, 

25 Navy, Air Force, or Marine Corps covered by paragraph 
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1 (1) must have served on active duty in that grade for not 

2 less than six months. 

3 ‘‘(3)(A) In order to be eligible for voluntary retirement 

4 in a grade above major or lieutenant commander and below 

5 brigadier general or rear admiral (lower half), a commis6 sioned officer of the Army, Navy, Air Force, or Marine 

7 Corps covered by paragraph (1) must have served on active 

8 duty in that grade for not less than three years, except that 

9 the Secretary of Defense may authorize the Secretary of the 

10 military department concerned to reduce such period to a 

11 period not less than two years. 

12 ‘‘(B) In order to be eligible for voluntary retirement 

13 in a grade above colonel or captain, in the case of the Navy, 

14 a commissioned officer of the Army, Navy, Air Force, or 

15 Marine Corps covered by paragraph (1) must have served 

16 on active duty in that grade for not less than one year. 

17 ‘‘(C) An officer in a grade above major general or rear 

18 admiral may be retired in the highest grade in which the 

19 officer served on active duty satisfactorily for not less than 

20 one year, upon approval by the Secretary of the military 

21 department concerned and concurrence by the Secretary of 

22 Defense. The function of the Secretary of Defense under the 

23 preceding sentence may only be delegated to a civilian offi24 cial in the Office of the Secretary of Defense appointed by 
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1 the President, by and with the advice and consent of the 

2 Senate. 

3 ‘‘(D) The President may waive subparagraph (A), (B) 

4 or (C) in individual cases involving extreme hardship or 

5 exceptional or unusual circumstances. The authority of the 

6 President under the preceding sentence may not be dele7 gated.’’; 

8 (2) in subsection (b), by inserting ‘‘or whose 

9 service on active duty in that grade was not deter10 mined to be satisfactory by the Secretary of the mili11 tary department concerned’’ after ‘‘specified in sub12 section (a)’’; 

13 (3) by striking subsection (c); and 

14 (4) by redesignating subsection (d) as subsection 

15 (c) and in that subsection— 

16 (A) in paragraph (3)— 

17 (i) in subparagraph (A)— 

18 (I) by inserting ‘‘(i)’’ after 

19 ‘‘(3)(A)’’; 

20 (II) by inserting ‘‘and below brig21 adier general or rear admiral (lower 

22 half)’’ after ‘‘lieutenant commander’’; 

23 (III) by inserting ‘‘, except that 

24 the Secretary of Defense may authorize 

25 the Secretary of the military depart-
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1 ment concerned to reduce such period 

2 to a period not less than two years’’ 

3 after ‘‘three years’’; and 

4 (IV) by adding at the end the fol5 lowing new clauses: 

6 ‘‘(ii) In order to be credited with satisfactory service 

7 in a grade above colonel or captain, in the case of the Navy, 

8 a person covered by paragraph (1) must have served satis9 factorily in that grade (as determined by the Secretary of 

10 the military department concerned) as a reserve commis11 sioned officer in active status, or in a retired status on ac12 tive duty, for not less than one year. 

13 ‘‘(iii) An officer covered by paragraph (1) who is in 

14 a grade above the grade of major general or rear admiral 

15 may be retired in the highest grade in which the officer 

16 served satisfactorily for not less than one year, upon ap17 proval by the Secretary of the military department con18 cerned and concurrence by the Secretary of Defense. The 

19 function of the Secretary of Defense under the preceding 

20 sentence may only be delegated to a civilian official in the 

21 Office of the Secretary of Defense appointed by the presi22 dent, by and with the advice and consent of the Senate.’’; 

23 (ii) in subparagraphs (D) and (E), by 

24 striking subparagraph (A)’’ and inserting 

25 ‘‘subparagraph (A)(i)’’; and 
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1 (iii) by striking subparagraph (F); 

2 and 

3 (B) by striking paragraphs (5) and (6); and 

4 (5) by striking subsection (e). 

5 (b) CONFORMING AMENDMENTS.—Section 1406(i)(2) 

6 of such title is amended— 

7 (1) in the paragraph heading, by striking ‘‘MEM8 BERS’’ and all that follows through ‘‘SATISFAC9 TORILY’’ and inserting ‘‘ENLISTED MEMBERS RE10 DUCED IN GRADE’’; 

11 (2) by striking ‘‘a member’’ and inserting ‘‘an 

12 enlisted member’’; 

13 (3) by striking ‘‘1998—’’ and all that follows 

14 through ‘‘is reduced in’’ and inserting ‘‘1998, is re15 duced in’’; 

16 (4) by striking ‘‘; or’’ and inserting a period; 

17 and 

18 (5) by striking subparagraph (B). 

19 (c) EFFECTIVE DATE.—The amendments made by this 

20 section shall apply with respect to the determination of the 

21 retired grade of members of the Armed Forces retiring on 

22 or after the date of the enactment of this Act. 
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1 SEC. 505. REPEAL OF REQUIREMENT THAT NO MORE THAN 

2 50 PERCENT OF ACTIVE DUTY GENERAL AND 

3 FLAG OFFICERS BE IN GRADES ABOVE BRIGA4 DIER GENERAL AND REAR ADMIRAL (LOWER 

5 HALF). 

6 (a) REPEAL OF DISTRIBUTION REQUIREMENT.—Sub7 section (a) of section 525 of title 10, United States Code, 

8 is repealed. 

9 (b) REORGANIZATION OF SECTION.—Such section is 

10 further amended— 

11 (1) by striking ‘‘(b)(1) No appointment’’ and in12 serting ‘‘(a) LIMITATION ON NUMBER OF GENERAL

13 AND FLAG OFFICERS IN SENIOR GRADES.—(1) No 

14 appointment’’; and 

15 (2) by striking ‘‘(3) An officer’’ and inserting 

16 ‘‘(b) SPECIAL RULES AND EXCEPTIONS.—(1) An offi17 cer’’; and 

18 (3) by redesignating paragraphs (4), (5), (6), 

19 (7), and (8) as paragraphs (2), (3), (4), (5), and (6), 

20 respectively. 

21 (c) CONFORMING AMENDMENTS.—(1) Subsection (b) of 

22 such section (as designated by subsection (a)(2)) is amended 

23 as follows: 

24 (A) Paragraph (1) (as redesignated by subsection 

25 (a)(2)), paragraph (2)(A) (as redesignated by sub26 section (a)(3)), and paragraph (6) (as redesignated by 
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1 subsection (a)(3)) are amended by striking ‘‘para2 graph (1) or (2)’’ and inserting ‘‘subsection (a)’’. 

3 (B) Paragraph (3)(A) (as so redesignated) is 

4 amended by striking ‘‘under the first sentence of 

5 paragraph (1) or (2), as applicable’’ and inserting 

6 ‘‘under subsection (a)’’. 

7 (C) Paragraph (4) (as so redesignated) and the 

8 first and third sentences of paragraph (5) (as so re9 designated) are amended by striking ‘‘paragraph (1)’’ 

10 and inserting ‘‘subsection (a)(1)’’. 

11 (D) The second sentence of paragraph (5) (as so 

12 redesignated) is amended by striking ‘‘paragraph (1) 

13 or (2)’’ and inserting ‘‘subsection (a)(2)’’. 

14 (2) Subsection (c) of such section is amended— 

15 (A) by striking ‘‘(c)(1)’’ and inserting ‘(c) ‘RE16 ALLOCATION AUTHORITY.—(1)’’; 

17 (B) in paragraph (1)(A), by striking ‘‘subsection 

18 (b)(1)’’ and inserting ‘‘subsection (a)(1)’’; 

19 (C) in paragraph (1)(B), by striking ‘‘subsection 

20 (b)(2)’’ and inserting ‘‘subsection (a)(2)’’; and 

21 (D) in paragraph (3)(A), by striking ‘‘subsection 

22 (b)’’ and inserting ‘‘subsections (a) and (b)’’. 

23 (3) Subsection (d) of such section is amended by 

24 inserting ‘‘SPECIAL RULE FOR OFFICERS FORMERLY

25 ON JOINT CHIEFS OF STAFF.—’’ after ‘‘(d)’’. 
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1 (d) CLERICAL AMENDMENTS.—(1) The heading of such 

2 section is amended to read as follows: 

3 ‘‘§ 525. Distribution in grade: general and flag officers 

4 on active duty’’. 

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

6 sections at the beginning of chapter 32 of such title is 

7 amended to read as follows: 

‘‘525. Distribution in grade: general and flag officers on active duty.’’. 

8 SEC. 506. REVISION TO TERMS FOR ASSISTANTS TO THE 

9 CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

10 FOR NATIONAL GUARD AND RESERVE MAT11 TERS. 

12 (a) CODIFICATION AND REVISION.—Chapter 5 of title 

13 10, United States Code, is amended by adding at the end 

14 a new section 156 consisting of— 

15 (1) the following section heading: 

16 ‘‘§ 156. Assistants to the Chairman for National 

17 Guard matters and for Reserve matters’’; 

18 and 

19 (2) a text consisting of the text of subsections (a) 

20 through (f)(1) of section 901 of the National Defense 

21 Authorization Act for Fiscal Year 1998 (10 U.S.C. 

22 155 note), revised— 

23 (A) in subsection (c), by deleting ‘‘two 

24 years’’ and inserting ‘‘four years’’; and 

25 (B) in subsection (f), by deleting ‘‘(1)’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at the 

3 end the following new item: 

‘‘156. Assistants to the Chairman for National Guard members and for Reserve 

matters.’’. 

4 (c) CONFORMING REPEAL.—Section 901 of the Na5 tional Defense Authorization Act for Fiscal Year 1998 (10 

6 U.S.C. 155 note) is repealed. 

7 SEC. 507. SUCCESSION FOR POSITION OF CHIEF, NATIONAL 

8 GUARD BUREAU. 

9 (a) DESIGNATION OF SENIOR OFFICER IN NATIONAL

10 GUARD BUREAU.—Section 10502 of title 10, United States 

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

12 subsection: 

13 ‘‘(e) SUCCESSION.—(1) Unless otherwise directed by 

14 the President or Secretary of Defense, when there is a va15 cancy in the office of the Chief of the National Guard Bu16 reau or in the event the Chief of the National Guard Bureau 

17 is unable to perform the duties of that office, the senior of 

18 the officers specified in paragraph (2) shall serve as the act19 ing Chief until a successor is appointed or the Chief once 

20 again is able to perform the duties of that office. 

21 ‘‘(2) The officers specified in this paragraph are the 

22 following: 
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1 ‘‘(A) The senior officer of the Army National 

2 Guard of the United States on duty with the National 

3 Guard Bureau. 

4 ‘‘(B) The senior officer of the Air National 

5 Guard of the United States on duty with the National 

6 Guard Bureau.’’. 

7 (b) CLERICAL AMENDMENTS.—(1) The heading of such 

8 section is amended to read as follows: 

9 ‘‘§ 10502. Chief of the National Guard Bureau: ap10 pointment; adviser on National Guard 

11 matters; grade; succession’’. 

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

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

14 amended to read as follows: 

‘‘10502. Chief of the National Guard Bureau: appointment; adviser on National 

Guard matters; grade; succession.’’. 

15 (c) REPEALER.—Subsections (d) and (e) of section 

16 10505 of such title are repealed. 

17 SEC. 508. TITLE OF VICE CHIEF OF THE NATIONAL GUARD 

18 BUREAU CHANGED TO DIRECTOR OF THE 

19 JOINT STAFF OF THE NATIONAL GUARD BU20 REAU. 

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

22 States Code, as amended by section 507(c), is amended by 

23 striking ‘‘Vice Chief of the National Guard Bureau’’ each 

24 place it appears in subsections (a), (b), and (c) and insert-
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1 ing ‘‘Director of the Joint Staff of the National Guard Bu2 reau’’. 

3 (b) CLERICAL AMENDMENTS.—(1) The heading of such 

4 section is amended to read as follows: 

5 ‘‘§ 10505. Director of the Joint Staff of the National 

6 Guard Bureau’’. 

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

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

9 amended to read as follows: 

‘‘10505. Director of the Joint Staff of the National Guard Bureau.’’. 

10 SEC. 509. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE 

11 REQUIREMENT THAT RESERVE CHIEFS AND 

12 NATIONAL GUARD DIRECTORS HAVE SIGNIFI13 CANT JOINT DUTY EXPERIENCE. 

14 (a) EXTENSION.—Sections 3038(b)(4), 5143(b)(4), 

15 5144(b)(4), 8038(b)(4), and 10506(a)(3)(D) of title 10, 

16 United States Code, are amended by striking ‘‘December 31, 

17 2004,’’ and inserting ‘‘December 31, 2006,’’. 

18 (b) FUTURE COMPLIANCE.—Not later than one year 

19 after the date of the enactment of this Act, the Secretary 

20 of Defense shall submit to the Committee on Armed Services 

21 of the House of Representatives and the Committee on 

22 Armed Services of the Senate a plan for ensuring that all 

23 officers selected after December 31, 2006, for recommenda24 tion for appointment as a Reserve chief or National Guard 

25 director have significant joint duty experience, as required 
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1 by law, and may be so recommended without requirement 

2 for a wavier of such requirement. Such plan shall be devel3 oped in coordination with the Chairman of the Joint Chiefs 

4 of Staff. 

5 SEC. 510. REPEAL OF DISTRIBUTION REQUIREMENTS FOR 

6 NAVAL RESERVE FLAG OFFICERS. 

7 Subsection (c) of 12004 of title 10, United States Code, 

8 is amended— 

9 (1) by striking ‘‘(1)’’ after ‘‘(c)’’; and 

10 (2) by striking the second sentence and all that 

11 follows through the end of the subsection. 

12 Subtitle B—Other Officer Personnel 

13 Policy Matters 

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

15 FORCE TO ALL REGULAR STATUS. 

16 (a) REPEAL OF REQUIREMENT THAT ACTIVE-DUTY

17 OFFICERS SERVE IN A RESERVE COMPONENT FOR AT

18 LEAST ONE YEAR BEFORE RECEIVING A REGULAR COM19 MISSION.—Section 532 of title 10, United States Code, is 

20 amended by striking subsection (e). 

21 (b) REVISION TO QUALIFICATIONS FOR ORIGINAL AP22 POINTMENT AS A COMMISSIONED OFFICER.—(1) Section 

23 532 of such title is further amended by adding at the end 

24 the following new subsection: 
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1 ‘‘(f) The Secretary of Defense may waive the require2 ment of paragraph (1) of subsection (a) with respect to a 

3 person who has been lawfully admitted to the United States 

4 for permanent residence when the Secretary determines that 

5 the national security so requires, but only for an original 

6 appointment in a grade below the grade of major or lieuten7 ant commander.’’. 

8 (2) Section 619(d) of such title is amended by adding 

9 at the end the following new paragraph: 

10 ‘‘(5) An officer of the Army, Air Force, or Ma11 rine Corps in the grade of captain, or of the Navy in 

12 the grade of lieutenant, who is not a citizen of the 

13 United States.’’. 

14 (c) REPEAL OF LIMITATIONS ON TOTAL STRENGTH OF

15 REGULAR COMMISSIONED OFFICERS ON ACTIVE-DUTY.— 

16 Section 522 of such title is repealed. The table of sections 

17 at the beginning of chapter 31 of such title is amended by 

18 striking the item relating to that section. 

19 (d) AUTHORITY FOR ORIGINAL APPOINTMENT OF REG20 ULAR OFFICERS IN JUNIOR GRADES TO BE MADE BY

21 PRESIDENT ALONE.—Section 531(a) of such title is amend22 ed to read as follows: 

23 ‘‘(a)(1) Original appointments in the grades of second 

24 lieutenant, first lieutenant, and captain in the Regular 

25 Army, Regular Air Force, and Regular Marine Corps and 
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1 in the grades of ensign, lieutenant (junior grade), and lieu2 tenant in the Regular Navy shall be made by the President 

3 alone. 

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

5 lieutenant colonel, and colonel in the Regular Army, Reg6 ular Air Force, and Regular Marine Corps and in the 

7 grades of lieutenant commander, commander, and captain 

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

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

10 (e) TERMINATION OF REQUIREMENT OF 6 YEARS

11 SERVICE IN A RESERVE COMPONENT FOR NONREGULAR

12 SERVICE RETIREMENT ELIGIBILITY.—(1) Section 

13 12731(a)(3) of such title is amended by inserting after ‘‘(3)’’ 

14 the following: ‘‘in the case of a person who completed the 

15 service requirements of paragraph (2) before the date of the 

16 enactment of the National Defense Authorization Act for 

17 Fiscal Year 2005,’’. 

18 (f) ALL REGULAR OFFICER APPOINTMENTS FOR STU19 DENTS ATTENDING UNIVERSITY OF HEALTH SCIENCES.— 

20 Section 2114(b) of such title is amended by striking the first 

21 two sentences and inserting the following: ‘‘They shall be 

22 appointed in a regular component of the uniformed services 

23 and shall serve on active duty as a second lieutenant or 

24 ensign (or the equivalent).’’. 
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1 SEC. 512. MANDATORY RETENTION ON ACTIVE DUTY TO 

2 QUALIFY FOR RETIREMENT PAY. 

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

4 amended by inserting ‘‘(other than the retirement system 

5 under chapter 1223 of this title)’’ after ‘‘retirement system’’. 

6 SEC. 513. DISTRIBUTION IN GRADE OF MARINE CORPS RE7 SERVE OFFICERS IN AN ACTIVE STATUS IN 

8 GRADES BELOW BRIGADIER GENERAL 

9 The table in section 12005(c)(1) of title 10, United 

10 States Code, is amended to read as follows: 

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

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

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

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

First lieutenant and second lieutenant (when combined with 

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

11 SEC. 514. TUITION ASSISTANCE FOR OFFICERS. 

12 (a) AUTHORITY TO REDUCE OR WAIVE ACTIVE DUTY

13 SERVICE OBLIGATION.—Subsection (b) of section 2007 of 

14 title 10, United States Code, is amended— 

15 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

16 (2) by inserting ‘‘or full-time National Guard 

17 duty’’ after ‘‘active duty’’ each place it appears; and 

18 (2) by adding at the end the following new para19 graph: 

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

21 the military department may reduce or waive the active 

22 duty service obligation— 
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1 ‘‘(A) in the case of a commissioned officer who 

2 is subject to mandatory separation; 

3 ‘‘(B) in the case of a commissioned officer who 

4 has completed the period of active duty service in sup5 port of a contingency operation; or 

6 ‘‘(C) in other exigent circumstances as deter7 mined by the Secretary.’. 

8 (b). INCREASE IN TUITION ASSISTANCE AUTHORIZED

9 FOR ARMY OFFICERS IN THE SELECTED RESERVE.—Para10 graph (1) of section 2007(c) of title 10, United States Code, 

11 is amended to read as follows: 

12 ‘‘(1) Subject to paragraphs (2) and (3), the Secretary 

13 of the Army may pay the charges of an educational institu14 tion for the tuition or expenses of an officer in the Selected 

15 Reserve of the Army National Guard or the Army Reserve 

16 for education or training of such officer.’’. 

17 (c) EFFECTIVE DATE.—The amendment made by sub18 section (a) may, at the discretion of the Secretary con19 cerned, be applied to a service obligation incurred by an 

20 officer serving on active duty as of the date of the enactment 

21 of this Act. 
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1 Subtitle C—Reserve Component 

2 Matters 

3 SEC. 521. REVISION TO STATUTORY PURPOSE OF THE RE4 SERVE COMPONENTS. 

5 Subsection 10102 of title 10, United States Code, is 

6 amended by striking ‘‘, during’’ and all that follows through 

7 ‘‘planned mobilization,’’. 

8 SEC. 522. IMPROVED ACCESS TO RESERVE COMPONENT 

9 MEMBERS FOR ENHANCED TRAINING. 

10 (a) RESERVE COMPONENTS GENERALLY.— Section 

11 12301 of title 10, United States Code, is amended— 

12 (1) in subsection (a), by striking ‘‘(other than for 

13 training)’’; 

14 (2) in subsection (c)— 

15 (A) in the first sentence, by striking ‘‘(other 

16 than for training)’’ and inserting ‘‘as provided 

17 in subsection (a)’’; and 

18 (B) in the second sentence, by striking ‘‘or19 dered to active duty (other than for training)’’ 

20 and inserting ‘‘so ordered to active duty’’; and 

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

22 training)’’ and inserting ‘‘as provided in subsection 

23 (a)’’. 
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1 (b) READY RESERVE.—Section 12302 of such title is 

2 amended by striking ‘‘(other than for training)’’ in sub3 sections (a) and (c). 

4 (c) ORDER TO ACTIVE DUTY OTHER THAN DURING

5 WAR OR NATIONAL EMERGENCY.—Section 12304(a) of such 

6 title is amended by striking ‘‘(other than for training)’’. 

7 (d) STANDBY RESERVE.—Section 12306 of such title 

8 is amended— 

9 (1) in subsection (a), by striking ‘‘(other than for 

10 training) only’’; and 

11 (2) in subsection (b), by striking ‘‘(other than for 

12 training)’’ in paragraphs (1) and (2) and inserting 

13 ‘‘as provided in section 12301(a) of this title’’. 

14 (d) STANDBY RESERVE.—Section 12306 of such title 

15 is amended by striking ‘‘(other than for training)’’ each 

16 place it appears and inserting ‘‘as provided in section 

17 12301(a)’’. 

18 SEC. 523. STATUS UNDER DISABILITY RETIREMENT SYSTEM 

19 FOR RESERVE MEMBERS RELEASED FROM AC20 TIVE DUTY DUE TO INABILITY TO PERFORM 

21 WITHIN 30 DAYS OF CALL TO ACTIVE DUTY. 

22 (a) IN GENERAL.—Chapter 61 of title 10, United 

23 States Code, is amended by inserting after section 1206 the 

24 following new section: 
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1 ‘‘§ 1206a. Reserve component members unable to per2 form duties when ordered to active duty: 

3 disability system processing 

4 ‘‘(a) MEMBERS RELEASED FROM ACTIVE DUTY WITH5 IN 30 DAYS.—A member of a reserve component who is or6 dered to active duty for a period of more than 30 days and 

7 is released from active duty within 30 days of commencing 

8 such period of active duty for a reason stated in subsection 

9 (b) shall be considered for all purposes under this chapter 

10 to have been serving under an order to active duty for a 

11 period of 30 days or less. 

12 ‘‘(b) APPLICABLE REASONS FOR RELEASE.—Sub13 section (a) applies in the case of a member released from 

14 active duty because of a failure to meet— 

15 ‘‘(1) physical standards for retention; or 

16 ‘‘(2) medical or dental standards for deployment 

17 due to a preexisting condition not aggravated during 

18 the period of active duty. 

19 ‘‘(c) SAVINGS PROVISION FOR MEDICAL CARE PRO20 VIDED WHILE ON ACTIVE DUTY.—Notwithstanding sub21 section (a), any benefit under chapter 55 of this title re22 ceived by a member described in subsection (a) or a depend23 ent of such member before or during the period of active 

24 duty shall not be subject to recoupment or otherwise af25 fected.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by inserting after 

3 the item relating to section 1206 the following new item: 

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

4 SEC. 524. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR 

5 RESERVE AND NATIONAL GUARD CIVILIAN 

6 TECHNICIANS. 

7 Section 6323(d)(1) of title 5, United States Code is 

8 amended by striking ‘‘(other than active duty during a war 

9 or national emergency declared by the President or Con10 gress)’’. 

11 SEC. 525. EXPANDED EDUCATIONAL ASSISTANCE AUTHOR12 ITY FOR OFFICERS COMMISSIONED THROUGH 

13 ROTC PROGRAM AT MILITARY JUNIOR COL14 LEGES. 

15 (a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE

16 ON ACTIVE DUTY.—Section 2107(c) of title 10, United 

17 States Code, is amended by adding at the end the following 

18 new paragraphs: 

19 ‘‘(5)(A) The Secretary of the Army may provide an 

20 individual who received a commission as a Reserve officer 

21 in the Army from a military junior college through a pro22 gram under this chapter and who does not have a bacca23 laureate degree with financial assistance for pursuit of a 

24 baccalaureate degree. 
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1 ‘‘(B) Such assistance is in addition to any financial 

2 assistance provided under paragraph (1), (3), or (4). 

3 ‘‘(C) The agreement and reimbursement requirements 

4 established in section 2005 of this title are applicable to 

5 financial assistance under this paragraph. 

6 ‘‘(D) An officer receiving financial assistance under 

7 this paragraph shall be attached to the unit of the Army 

8 at the educational institution at which the officer is pur9 suing a baccalaureate degree and shall be considered to be 

10 a member of the Senior Reserve Officers’ Training Corps 

11 on inactive duty for training, as defined in section 101(23) 

12 of title 38. 

13 ‘‘(E) A qualified officer who did not previously receive 

14 financial assistance under this section is eligible to receive 

15 educational assistance under this paragraph. 

16 ‘‘(F) A Reserve officer may not be called or ordered 

17 to active duty for a deployment while participating in the 

18 program under this paragraph. 

19 ‘‘(G) Any service obligation incurred by an officer 

20 under an agreement entered into under this paragraph shall 

21 be in addition to any service obligation incurred by that 

22 officer under any other provision of law or agreement. 

23 ‘‘(H) The amount obligated during any fiscal year 

24 under this paragraph and paragraph (4) of section 

25 2107a(c) of this title may not exceed a total of $1,500,000.’’. 
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1 (b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE IN

2 TROOP PROGRAM UNITS.—Section 2107a(c) of such title is 

3 amended by adding at the end the following new para4 graphs: 

5 ‘‘(4)(A) The Secretary of the Army may provide an 

6 individual who received a commission as a Reserve officer 

7 in the Army from a military junior college through a pro8 gram under this chapter and who does not have a bacca9 laureate degree with financial assistance for pursuit of a 

10 baccalaureate degree. 

11 ‘‘(B) Such assistance is in addition to any provided 

12 under paragraph (1) or (2). 

13 ‘‘(C) The agreement and reimbursement requirements 

14 established in section 2005 of this title are applicable to 

15 financial assistance under this paragraph. 

16 ‘‘(D) An officer receiving financial assistance under 

17 this paragraph shall be attached to the unit of the Army 

18 at the educational institution at which the officer is pur19 suing a baccalaureate degree and shall be considered to be 

20 a member of the Senior Reserve Officers’ Training Corps 

21 on inactive duty for training, as defined in section 101(23) 

22 of title 38. 

23 ‘‘(E) A qualified officer who did not previously receive 

24 financial assistance under this section is eligible to receive 

25 educational assistance under this paragraph. 
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1 ‘‘(F) A Reserve officer may not be called or ordered 

2 to active duty for a deployment while participating in the 

3 program under this paragraph. 

4 ‘‘(G) Any service obligation incurred by an officer 

5 under an agreement entered into under this paragraph shall 

6 be in addition to any service obligation incurred by that 

7 officer under any other provision of law or agreement.’’. 

8 ‘‘(H) As provided in subparagraph (H) of section 

9 2107(c)(5) of this title, the amount obligated during any 

10 fiscal year under this paragraph and paragraph (5) of sec11 tion 2107(c) of this title may not exceed a total of 

12 $1,500,000.’’. 

13 (c) REPEAL OF SUNSET PROVISION FOR FINANCIAL

14 ASSISTANCE PROGRAM FOR STUDENTS NOT ELIGIBLE FOR

15 ADVANCED TRAINING.—Section 2103a of such title is 

16 amended by striking subsection (d). 

17 (d) ANNUAL IMPLEMENTATION REPORT.—The Sec18 retary of the Army shall submit to the Committees on 

19 Armed Services of the Senate and House of Representatives 

20 an annual report, for each of the next six years after the 

21 enactment of this Act, providing information on the experi22 ence of the Department of Defense during the preceding year 

23 under paragraph (5) of section 2107(c) of title 10, United 

24 States Code, as added by subsection (a), and under para25 graph (4) of section 2107a(c) of title 10, United States Code, 
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1 as added by subsection (b). The report for with respect to 

2 any year shall be submitted not later March 31 of the fol3 lowing year. 

4 SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS 

5 OFFICER ON ELIGIBILITY FOR SELECTED RE6 SERVE EDUCATION LOAN REPAYMENT PRO7 GRAM FOR ENLISTED MEMBERS. 

8 (a) CONTINUATION OF LOAN REPAYMENT.—Section 

9 16301(a) of title 10, United States Code, is amended— 

10 (1) in paragraph (2), by striking ‘‘The Sec11 retary’’ in the first sentence and inserting ‘‘Except as 

12 provided in paragraph (3), the Secretary of Defense’’; 

13 and 

14 (2) by adding at the end the following new para15 graph: 

16 ‘‘(3) In the case of a commitment made by the Sec17 retary of Defense after the date of the enactment of this 

18 paragraph to repay a loan under paragraph (1) condi19 tioned upon the performance by the borrower of service as 

20 an enlisted member under paragraph (2), the Secretary 

21 shall repay the loan for service performed by the borrower 

22 as an officer (rather than as an enlisted member) in the 

23 case of a borrower who, after such commitment is entered 

24 into and while performing service as an enlisted member, 
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1 accepts an appointment or commission as a warrant officer 

2 or commissioned officer of the Selected Reserve.’’. 

3 (b) LIMITATION ON FISCAL YEAR 2005 OBLIGA4 TIONS.—During fiscal year 2005, obligations incurred 

5 under section 16301 of title 10, United States Code, as 

6 amended by subsection (a), to make loan repayments on be7 half of members of the reserve components who accept an 

8 appointment or commission as a warrant officer or com9 missioned officer of the Selected Reserve may not exceed 

10 $1,000,000. 

11 SEC. 527. NUMBER OF STARBASE ACADEMIES IN A STATE. 

12 Paragraph (3) of section 2193b(c) of title 10, United 

13 States Code, is amended to read as follows: 

14 ‘‘(3)(A) Subject to subparagraph (B), the Secretary 

15 may not support the establishment in any State of more 

16 than two academies. 

17 ‘‘(B) The Secretary may waive the limitation in sub18 paragraph (A). Any such waiver shall be made under cri19 teria to be prescribed by the Secretary.’’. 

20 SEC. 528. COMPTROLLER GENERAL ASSESSMENT OF INTE21 GRATION OF ACTIVE AND RESERVE COMPO22 NENTS OF THE NAVY. 

23 (a) ASSESSMENT.—The Comptroller General shall re24 view the plan of the Secretary of the Navy for, and imple25 mentation by the Secretary of, initiatives undertaken with-
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1 in the Navy to improve the integration of the active and 

2 reserve components of the Navy in peacetime and wartime 

3 operations resulting from— 

4 (1) the Naval Reserve Redesign Study carried 

5 out by the Navy: and 

6 (2) the zero-based review of reserve component 

7 force structure undertaken by the commander of the 

8 Fleet Forces Command of the Navy during fiscal year 

9 2004. 

10 (b) REPORT.—No later than March 31, 2005, the 

11 Comptroller General shall submit to the Committees on 

12 Armed Services of the Senate and House of Representatives 

13 a report on the results of the review under subsection (a). 

14 The Comptroller General shall include in the report rec15 ommendations for improved active and reserve component 

16 integration in the Navy. 

17 (c) LIMITATION.—No funds appropriated or otherwise 

18 made available by this Act may be obligated or expended 

19 to decommission a Naval Reserve or Marine Corps Reserve 

20 aviation squadron until 90 days after the date on which 

21 the report required by subsection (b) is submitted to the 

22 Committees on Armed Services of the Senate and House of 

23 Representatives. 
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1 (d) MATTERS TO BE EXAMINED.—In conducting the 

2 review, the Comptroller General shall examine the fol3 lowing: 

4 (1) The criteria the Navy used to determine the 

5 following with respect to integration of the active and 

6 reserve components of the Navy: 

7 (A) The future mix of active and reserve 

8 component force structure. 

9 (B) Organization of command and control 

10 elements. 

11 (C) Manpower levels. 

12 (D) Basing changes. 

13 (2) The extent to which the plans of the Navy for 

14 improving the integration of the active and reserve 

15 components of the Navy considered each of the fol16 lowing: 

17 (A) The new Fleet Response Plan of the 

18 Navy. 

19 (B) The flexible deployment concept. 

20 (C) Global operations. 

21 (D) Emerging mission requirements. 

22 (E) Other evolving initiatives. 

23 (3) The manner in which the timing of the exe24 cution of planned active and reserve integration ini25 tiatives will correlate with the funding of those initia-
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1 tives, including consideration of an evaluation of the 

2 adequacy of the funding allocated to those integration 

3 initiatives. 

4 (4) For naval aviation forces, the extent to which 

5 the active and reserve component integration plans of 

6 the Navy will affect factors such as— 

7 (A) common training and readiness stand8 ards for active and reserve forces; 

9 (B) reserve component access to the same 

10 equipment as the active component; 

11 (C) relationships between command and 

12 headquarters elements of active and reserve 

13 forces; and 

14 (D) trends in the use by the Navy of units 

15 referred to as ‘‘associate’’ units or ‘‘blended’’ 

16 units. 

17 (E) Basing of future aviation forces. 

18 (F) Employment of Naval Reserve aviation 

19 forces and personnel in peacetime and wartime 

20 operations. 

21 SEC. 529. OPERATIONAL ACTIVITIES CONDUCTED BY THE 

22 NATIONAL GUARD UNDER AUTHORITY OF 

23 TITLE 32. 

24 (a) IN GENERAL.—Title 32, United States Code, is 

25 amended by adding at the end the following new chapter: 
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1 ‘‘CHAPTER 9—OPERATIONS OF A 

2 NATIONAL OR FEDERAL INTEREST 

‘‘Sec. 

‘‘901. Operational activities. 

‘‘902. Operational duty. 

‘‘903. Funding assistance. 

‘‘904. Operations requests. 

3 ‘‘§ 901. Operational activities 

4 ‘‘The Secretary of Defense may provide funds in ad5 vance or on a reimbursable basis to a Governor to employ 

6 National Guard units and individuals to conduct oper7 ational activities that the Secretary determines to be in the 

8 national interest. The Secretary of Defense shall prescribe 

9 regulations to implement this chapter. 

10 ‘‘§ 902. Operational duty 

11 ‘‘All duty performed under this chapter shall be consid12 ered to be full-time National Guard duty under section 

13 502(f) of this title. Members of the National Guard per14 forming full-time National Guard duty in the Active Guard 

15 and Reserve Program may support or execute operational 

16 activities performed by the National Guard under this 

17 chapter. 

18 ‘‘§ 903. Funding assistance 

19 ‘‘When the Secretary of Defense determines that certain 

20 operational activities of the National Guard are in the na21 tional interest under section 901 of this title, the Secretary 

22 shall provide funds to a State in an amount that the Sec23 retary determines is appropriate for the following costs of 
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1 the operational activities from funds available to the De2 partment for related purposes: 

3 ‘‘(1) The pay, allowances, clothing, subsistence, 

4 gratuities, travel, and related expenses of personnel of 

5 the National Guard of that State. 

6 ‘‘(2) The operation and maintenance of the 

7 equipment and facilities of the National Guard of 

8 that State. 

9 ‘‘(3) The procurement of services and equipment, 

10 and the leasing of equipment, for the National Guard 

11 of that State. 

12 ‘‘§ 904. Operations requests 

13 ‘‘(a) REQUESTS.—A Governor of a State may request 

14 funding assistance for the operational activities of the Na15 tional Guard of that State from the Secretary of Defense. 

16 Any such request shall include the following: 

17 ‘‘(1) The specific intended operational activities 

18 of the National Guard of that State. 

19 ‘‘(2) An explanation of why the operational ac20 tivities are in the national interest. 

21 ‘‘(3) A certification that operational activities 

22 are to be conducted at a time when the personnel in23 volved are not in Federal service. 

24 ‘‘(4) A certification that participation by Na25 tional Guard personnel in the operational activities is 
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1 service in addition to training required under section 

2 502 of this title.’’. 

3 (b) CLERICAL AMENDMENT.—The table of chapters at 

4 the beginning of such title is amended by adding at the end 

5 the following new item: 

‘‘9. Operations of a National or Federal Interest .................... 901’’. 

6 (c) CONFORMING AMENDMENT.—Section 115(h) of title 

7 10, United States Code, is amended by adding at the end 

8 the following new subsection: 

9 ‘‘(i) CERTAIN FULL-TIME NATIONAL GUARD DUTY

10 PERSONNEL EXCLUDED FROM COUNTING FOR FULL-TIME

11 NATIONAL GUARD DUTY END STRENGTHS.—In counting 

12 full-time National Guard duty personnel for the purpose 

13 of end-strengths authorized pursuant to subsection (a)(1), 

14 persons involuntarily performing operational activities 

15 under chapter 9 of title 32 shall be excluded.’’. 

16 SEC. 530. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE 

17 COMPONENT ADVISERS TO UNITS OF THE SE18 LECTED RESERVE. 

19 (a) CHANGE IN MINIMUM NUMBER REQUIRED TO BE

20 ASSIGNED.—Section 414(c)(1) of the National Defense Au21 thorization Act for Fiscal Year 2002 (Public Law 107–107; 

22 10 U.S.C. 12001 note) is amended by striking ‘‘5,000’’ and 

23 inserting ‘‘3,500’’. 

24 (b) LIMITATION ON REDUCTIONS.—Notwithstanding 

25 the amendment made by subsection (a), the Secretary of the 
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1 Army may not reduce the number of active component Re2 serve support personnel below the number of such personnel 

3 as of the date of the enactment of this Act until the report 

4 required by subsection (c) has been submitted. 

5 (c) REPORT.—Not later than March 31, 2005, the Sec6 retary of the Army shall submit to the Committees on 

7 Armed Services of the Senate and House of Representatives 

8 a report on the support by active components of the Army 

9 for training and readiness of the Army National Guard and 

10 Army Reserve. The report shall include an evaluation and 

11 determination of each of the following: 

12 (1) The effect on the ability of the Army to im13 prove such training and readiness resulting from the 

14 reduction under the amendment made by subsection 

15 (a) in the minimum number of active component Re16 serve support personnel. 

17 (2) The adequacy of having 3,500 members of the 

18 Army (the minimum number required under the law 

19 as so amended) assigned as active component Reserve 

20 support personnel in order to meet emerging training 

21 requirements in the Army reserve components in con22 nection with unit and force structure conversions and 

23 preparations for wartime deployment 

24 (3) The nature and effectiveness of efforts by the 

25 Army to reallocate the 3,500 personnel assigned as ac-
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1 tive component Reserve support personnel to higher 

2 priority requirements and to expand the use of reserv3 ists on active duty to meet reserve component train4 ing needs. 

5 (4) Whether the Army is planning further reduc6 tions in the number of active component Reserve sup7 port personnel and, if so, the scope and rationale for 

8 those reductions. 

9 (5) Whether an increase in Army reserve compo10 nent full-time support personnel will be required to 

11 replace the loss of active component Reserve support 

12 personnel. 

13 (d) DEFINITION.—In this section, the term ‘‘active 

14 component Reserve support personnel’’ means the active 

15 component Army personnel assigned as advisers to units 

16 of the Selected Reserve of the Ready Reserve of the Army 

17 pursuant to section 414 of the National Defense Authoriza18 tion Act for Fiscal Year 2002 (Public Law 107–107; 10 

19 U.S.C. 12001 note). 
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1 Subtitle D—Joint Officer 

2 Management 

3 SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVEL4 OPMENT TO OVERALL MISSIONS AND GOALS 

5 OF DEPARTMENT OF DEFENSE. 

6 (a) PLAN REQUIRED.—(1) The Secretary of Defense 

7 shall develop a strategic plan for joint officer management 

8 and joint professional military education that links joint 

9 officer development to the accomplishment of the overall 

10 missions and goals of the Department of Defense, as set 

11 forth in the most recent national military strategy under 

12 section 153(d) of title 10, United States Code. Such plan 

13 shall be developed for the purpose of ensuring that sufficient 

14 numbers of qualified officers are available as necessary to 

15 meet the needs of the Department for qualified officers who 

16 are operationally effective in the joint environment. 

17 (2) The Secretary shall develop the strategic plan with 

18 the advice of the Chairman of the Joint Chiefs of Staff. 

19 (b) MATTERS TO BE INCLUDED.—As part of the stra20 tegic plan under subsection (a), the Secretary shall include 

21 the following: 

22 (1) A statement of the levels of joint officer re23 sources needed to be available to properly support the 

24 overall missions of the Department of Defense, with 

25 such resources to be specified by the number of officers 
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1 with the joint specialty, the number of officers re2 quired for service in joint duty assignment positions, 

3 and the training and education resources required. 

4 (2) An assessment of the available and projected 

5 joint officer development resources (including officers, 

6 educational and training resources, and availability 

7 of joint duty assignment positions and tours of duty) 

8 necessary to achieve the levels specified under para9 graph (1). 

10 (3) Identification of any problems or issues aris11 ing from linking resources for joint officer develop12 ment to accomplishment of the objective of meeting the 

13 levels specified under paragraph (1) to resolve those 

14 problems and issues and plans. 

15 (4) A description of the process for identification 

16 of the requirement for joint specialty officers. 

17 (5) A description of the career development and 

18 management of joint specialty officers and of any 

19 changes to be made to facilitate achievement of the 

20 levels of resources specified in paragraph (1), includ21 ing additional education requirements, promotion op22 portunities, and assignments to fill joint assignments. 

23 (c) INCLUSION OF RESERVE COMPONENT OFFICERS.— 

24 In developing the strategic plan required by subsection (a), 
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1 the Secretary shall include joint officer development for offi2 cers on the reserve active-status list in the plan. 

3 (d) REPORT.—The Secretary shall submit the plan de4 veloped under this section to the Committees on Armed 

5 Services of the Senate and House of Representatives not 

6 later than January 15, 2006. 

7 (e) ADDITIONAL ASSESSMENT.—Not later than Janu8 ary 15, 2007, the Secretary of Defense shall submit to the 

9 Committees on Armed Services of the Senate and House of 

10 Representatives, as a follow-on to the report under sub11 section (d), a report providing an assessment of, and initia12 tives to improve, the performance in joint matters of the 

13 following: 

14 (1) Senior civilian officers and employees in the 

15 Office of the Secretary of Defense, the Defense Agen16 cies, and the military departments. 

17 (2) Senior noncommissioned officers. 

18 (3) Senior leadership in the reserve components. 

19 SEC. 532. JOINT REQUIREMENTS FOR PROMOTION TO FLAG 

20 OR GENERAL OFFICER GRADE. 

21 (a) EFFECTIVE DATE FOR JOINT SPECIALTY OFFICER

22 REQUIREMENT.—Subsection (a)(2) of section 619a of title 

23 10, United States Code, is amended by striking ‘‘September 

24 30, 2007’’ and inserting ‘‘September 30, 2008’’. 
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1 (b) EXCEPTION TO JOINT DUTY REQUIREMENT FOR

2 OFFICERS SERVING IN JOINT DUTY ASSIGNMENT WHEN

3 CONSIDERED FOR PROMOTION.—Subsection (b)(4) of such 

4 section is amended by striking ‘‘if—’’ and all that follows 

5 through ‘‘(B) the officer’s’’ and inserting ‘‘if the officer’s’’. 

6 SEC. 533. CLARIFICATION OF TOURS OF DUTY QUALIFYING 

7 AS A JOINT DUTY ASSIGNMENT. 

8 (a) CONSECUTIVE TOURS OF DUTY IN JOINT DUTY AS9 SIGNMENTS.—Section 668(c) of title 10, United States Code, 

10 is amended by striking ‘‘within the same organization’’. 

11 (b) EFFECTIVE DATE.—The amendment made by sub12 section (a) shall not apply in the case of a joint duty assign13 ment completed by an officer before the date of the enact14 ment of this Act, except in the case of an officer has contin15 ued in joint duty assignments, without a break in service 

16 in such assignments, between the end of such assignment 

17 and the date of the enactment of this Act. 

18 SEC. 534. AUTHORITY FOR RESERVE OFFICERS TO QUALIFY 

19 AS JOINT SPECIAL OFFICERS. 

20 (a) AUTHORITY.—Subsection (a) of section 661 of title 

21 10, United States Code, is amended by striking ‘‘on the ac22 tive-duty list’’. 

23 (b) NOMINATIONS FOR SELECTION.—Subsection (b) of 

24 such section is amended in the second sentence— 
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1 (1) by striking ‘‘and’’ after ‘‘military depart2 ment,’’; and 

3 (2) by inserting after ‘‘such date,’’ the following: 

4 ‘‘, and each reserve component officer in an active 

5 status who is not on the active-duty list,’’. 

6 (c) CONFORMING AMENDMENTS.—(1) Section 662 of 

7 such title is amended— 

8 (A) in subsection (a), by inserting ‘‘on the ac9 tive-duty list’’ after ‘‘qualifications of officers’’ in the 

10 matter preceding paragraph (1); and 

11 (B) in subsection (b), by inserting ‘‘on the ac12 tive-duty list’’ after ‘‘preceding fiscal year of officers’’ 

13 in the first sentence. 

14 (2)(A) The heading of such section is amended to read 

15 as follows: 

16 ‘‘§ 662. Promotion policy objectives for joint officers on 

17 the active-duty list’’. 

18 (B) The item relating to such section in the table of 

19 sections at the beginning of chapter 38 of such title is 

20 amended to read as follows: 

‘‘662. Promotion policy objectives for joint officers on the active-duty list.’’. 

21 (d) ANNUAL REPORT TO CONGRESS.—(1) Section 667 

22 of such title is amended— 

23 (A) by redesignating paragraph (18) as para24 graph (19); and 
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1 (B) by inserting after paragraph (17) the fol2 lowing new paragraph (18): 

3 ‘‘(18) The implementation of authority under 

4 section 661 of this title to certify reserve component 

5 officers as joint specialty officers, together with the 

6 number of reserve component officers who were so cer7 tified during the reporting period.’’. 

8 (2) The Secretary of Defense shall include in the an9 nual report of the Secretary to Congress for fiscal year 

10 2005, as part of the material included in that report pursu11 ant to paragraph (18) of section 667 of title 10, United 

12 States Code, a summary of the joint officer management 

13 policies adopted for reserve component officers pursuant to 

14 the amendments made by subsections (a) and (b). 

15 Subtitle E—Professional Military 

16 Education 

17 SEC. 541. IMPROVEMENT TO PROFESSIONAL MILITARY EDU18 CATION IN THE DEPARTMENT OF DEFENSE. 

19 (a) IN GENERAL.—Part III of subtitle A of title 10, 

20 United States Code, is amended— 

21 (1) by redesignating chapter 107 as chapter 

22 106A; and 

23 (2) by inserting before chapter 108 the following 

24 new chapter: 
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1 ‘‘CHAPTER 107—PROFESSIONAL MILITARY 

2 EDUCATION 

‘‘Sec. 

‘‘2151. Definitions 

‘‘2152. Professional military education: general requirements. 

‘‘2153. Capstone course: newly selected general and flag officers. 

‘‘2154. Joint professional military education: three-phase approach. 

‘‘2155. Intermediate level service colleges: written examination for selection for attendance. 

‘‘2156. Joint professional military education phase II program of instruction. 

‘‘2157. Intermediate and senior level service colleges; Joint Forces Staff College: 

duration of principle course of instruction. 

‘‘2158. Annual report to Congress. 

3 ‘‘§ 2151. Definitions 

4 (a) JOINT PROFESSIONAL MILITARY EDUCATION.— 

5 Joint professional military education consists of the rig6 orous and thorough instruction and examination of officers 

7 of the armed forces in an environment designed to promote 

8 a theoretical and practical in-depth understanding of joint 

9 matters and, specifically, of the subject matter covered. The 

10 subject matter to be covered by joint professional military 

11 education shall include at least the following: 

12 ‘‘(1) Integrated employment of land, sea, 

13 and air forces. 

14 ‘‘(2) National military strategy. 

15 ‘‘(3) Strategic planning. 

16 ‘‘(4) Contingency planning. 

17 ‘‘(5) Command and control of combat oper18 ations under unified command. 

19 ‘‘(6) Joint and combined operations. 

20 ‘‘(7) Joint doctrine. 
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1 ‘‘(8) Joint logistics. 

2 ‘‘(9) Joint communications. 

3 ‘‘(10) Joint intelligence. 

4 ‘‘(11) Campaign planning. 

5 ‘‘(12) Joint military command and control 

6 systems and the interface of those systems with 

7 national command systems. 

8 ‘‘(13) Joint force development, including 

9 mobilization. 

10 ‘‘(14) Joint requirements development. 

11 ‘‘(15) Military history. 

12 ‘‘(16) Awareness of cultures in areas outside 

13 of the United States where United States forces 

14 may operate or of forces of foreign countries with 

15 whom United States forces may operate. 

16 ‘‘(b) OTHER DEFINITIONS.—In this chapter: 

17 ‘‘(1) The term ‘senior level service school’ means 

18 any of the following: 

19 ‘‘(A) The Army War College. 

20 ‘‘(B) The College of Naval Warfare. 

21 ‘‘(C) The Air War College. 

22 ‘‘(D) The Marine Corps University. 

23 ‘‘(2) The term ‘intermediate level service school’ 

24 means any of the following: 
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1 ‘‘(A) The United States Army Command 

2 and General Staff College. 

3 ‘‘(B) The College of Naval Command and 

4 Staff. 

5 ‘‘(C) The Air Command and Staff College. 

6 ‘‘(D) The Marine Corps Command and 

7 Staff College. 

8 ‘‘§ 2152. Joint professional military education: gen9 eral requirements 

10 ‘‘(a) IN GENERAL.—The Secretary of Defense shall im11 plement a coherent and comprehensive framework for the 

12 joint professional military education of officers, including 

13 officers nominated under section 661 of this title for the 

14 joint specialty. 

15 ‘‘§ 2153. Capstone course: newly selected general and 

16 flag officers 

17 ‘‘(a) REQUIREMENT.—Each officer selected for pro18 motion to the grade of brigadier general or, in the case of 

19 the Navy, rear admiral (lower half) shall be required, after 

20 such selection, to attend a military education course de21 signed specifically to prepare new general and flag officers 

22 to work with the other armed forces. 

23 ‘‘(b) WAIVER AUTHORITY.—(1) Subject to paragraph 

24 (2), the Secretary of Defense may waive subsection (a)— 
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1 ‘‘(A) in the case of an officer whose immediately 

2 previous assignment was in a joint duty assignment 

3 and who is thoroughly familiar with joint matters; 

4 ‘‘(B) when necessary for the good of the service; 

5 ‘‘(C) in the case of an officer whose proposed se6 lection for promotion is based primarily upon sci7 entific and technical qualifications for which joint re8 quirements do not exist (as determined under regula9 tions prescribed under section 619(e)(4) of this title); 

10 and 

11 ‘‘(D) in the case of a medical officer, dental offi12 cer, veterinary officer, medical service officer, nurse, 

13 biomedical science officer, or chaplain. 

14 ‘‘(2) The authority of the Secretary of Defense to grant 

15 a waiver under paragraph (1) may only be delegated to 

16 the Deputy Secretary of Defense, an Under Secretary of De17 fense, or an Assistant Secretary of Defense. Such a waiver 

18 may be granted only on a case-by-case basis in the case 

19 of an individual officer. 

20 ‘‘§ 2154. Joint professional military education: three21 phase approach 

22 ‘‘(a) THREE-PHASE APPROACH.—The Secretary of De23 fense shall implement a three-phase approach to joint pro24 fessional military education, as follows: 
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1 ‘‘(1) There shall be a course of instruction, des2 ignated and certified by the Secretary of Defense as 

3 Phase I instruction, consisting all the elements of a 

4 joint professional military education (as specified in 

5 section 2151(a) of this title), in addition to the prin6 cipal curriculum taught to all officers at an inter7 mediate level service school. 

8 ‘‘(2) There shall be a course of instruction, des9 ignated and certified by the Secretary of Defense as 

10 Phase II instruction, consisting of a joint professional 

11 military education curriculum taught in residence 

12 at— 

13 ‘‘(A) the Joint Forces Staff College; or 

14 ‘‘(B) a senior level service school that has 

15 been designated and certified by the Secretary of 

16 Defense as a joint professional military edu17 cation institution. 

18 ‘‘(3) There shall be a course of instruction, des19 ignated and certified by the Secretary of Defense as 

20 the Capstone course, for officers selected for promotion 

21 to the grade of brigadier general or, in the case of the 

22 Navy, rear admiral (lower half) and offered in ac23 cordance with section 2153 of this title. 

24 ‘‘(b) SEQUENCED APPROACH.—The Secretary shall re25 quire the sequencing of joint professional military edu-
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1 cation so that the standard sequence of assignments for such 

2 education requires an officer to complete Phase I instruc3 tion before proceeding to Phase II instruction, as provided 

4 in section 2156(a) of this title. 

5 ‘‘§ 2155. Intermediate level service school: written ex6 amination for selection for attendance 

7 ‘‘(a) REQUIREMENT.—The Secretary of each military 

8 department shall require that performance on a comprehen9 sive written examination shall constitute not less than 20 

10 percent of the evaluation criteria for selection of any officer 

11 for full-time attendance at an intermediate level service 

12 school under the jurisdiction of the Secretary. Such an ex13 amination shall be designed so as to require substantive 

14 knowledge of military history, national military strategy, 

15 service and joint doctrine, and such other subjects as the 

16 Secretary may require. Such an examination shall be re17 quired for each class entering an intermediate level service 

18 school after September 30, 2007. 

19 ‘‘(b) SELECTION FROM DIFFERENT SERVICE.—The 

20 Secretary of a military department, in considering can21 didates for full-time attendance at an intermediate level 

22 service school under the jurisdiction of the Secretary who 

23 are officers of an armed force other than the armed force 

24 that administers that service school, shall consider such an 

25 officer to be qualified for selection for such attendance if 
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1 the officer has met all the requirements for attendance at 

2 the equivalent intermediate level service school of that offi3 cer’s own armed force. 

4 ‘‘§ 2156. Joint professional military education phase 

5 II program of instruction 

6 ‘‘(a) PREREQUISITE OF COMPLETION OF JOINT PRO7 FESSIONAL MILITARY EDUCATION I PROGRAM OF INSTRUC8 TION.—(1) After September 30, 2009, an officer of the 

9 armed forces may not be accepted for, or assigned to, a pro10 gram of instruction designated by the Secretary of Defense 

11 as joint professional military education Phase II unless the 

12 officer has successfully completed a program of instruction 

13 designated by the Secretary of Defense as joint professional 

14 military education Phase I. 

15 ‘‘(2) The Chairman of the Joint Chiefs of Staff may 

16 grant exceptions to the requirement under paragraph (1). 

17 Such an exception may be granted only on a case-by-case 

18 basis for compelling cause, as determined by the Chairman. 

19 An officer selected to receive such an exception shall be re20 quired to demonstrate a knowledge of joint matters and 

21 other aspects of the Phase I curriculum that, to the satisfac22 tion of the Chairman, qualifies the officer to meet the min23 imum requirements established for entry into Phase II in24 struction without first completing Phase I instruction. The 

25 number of officers selected to attend an offering of the prin-
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1 cipal course of instruction at the Joint Forces Staff College 

2 or a senior level service school designated by the Secretary 

3 of Defense as a joint professional military education insti4 tution who have not completed Phase I instruction should 

5 comprise no more than 10 percent of the total number of 

6 officers selected. 

7 ‘‘(b) PHASE II REQUIREMENTS.—The Secretary shall 

8 require that the curriculum for Phase II joint professional 

9 military education at any school— 

10 ‘‘(1) focus on developing joint attitudes and per11 spectives and honing joint warfighting skills; and 

12 ‘‘(2) be structured — 

13 ‘‘(A) so as to adequately prepare students to 

14 perform effectively in an assignment to a joint, 

15 multiservice organization; and 

16 ‘‘(B) so that students progress from a basic 

17 knowledge of joint matters learned in Phase I in18 struction to the level of expertise necessary for 

19 successful performance in the joint arena. 

20 ‘‘(c) CURRICULUM CONTENT.—In addition to the sub21 jects specified in section 2151(a) of this title, the curriculum 

22 for Phase II joint professional military education shall in23 clude the following: 

24 ‘‘(1) National security strategy. 

25 ‘‘(2) Theater strategy and campaigning. 
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1 ‘‘(3) Joint planning processes and systems. 

2 ‘‘(4) Joint, interagency, and multinational capa3 bilities and the integration of those capabilities. 

4 ‘‘(d) STUDENT RATIO; FACULTY RATIO.—(1) For 

5 courses of instruction in a Phase II program of instruction 

6 that is offered at senior level service school that has been 

7 designated by the Secretary of Defense as a joint profes8 sional military education institution— 

9 ‘‘(1) the percentage of students enrolled in any 

10 such course who are officers of the armed force that 

11 administers the school may not exceed 60 percent, 

12 with the remaining services proportionally rep13 resented; and 

14 ‘‘(2) of the faculty at the school who are active15 duty officers who provide instruction in such courses, 

16 the percentage who are officers of the armed force that 

17 administers the school may not exceed 60 percent, 

18 with the remaining services proportionally rep19 resented. 

20 ‘‘§ 2157. Intermediate and senior level service schools; 

21 Joint Forces Staff College: duration of 

22 principle course of instruction 

23 ‘‘(a) SERVICE SCHOOLS.—The duration of the prin24 cipal course of instruction offered at each intermediate level 

25 service school and each senior level service school may not 
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1 be less than 10 months of resident instruction. The Sec2 retary of Defense may waive the requirement in the pre3 ceding sentence during a period of war or during a national 

4 emergency declared by the President or the Congress. 

5 ‘‘(b) JOINT FORCES STAFF COLLEGE.—(1) The dura6 tion of the principal course of instruction offered at the 

7 Joint Forces Staff College may not be less than 10 weeks 

8 of resident instruction. 

9 ‘‘(2) In this subsection, the term ‘principal course of 

10 instruction’ means any course of instruction offered at the 

11 Joint Forces Staff College as Phase II joint professional 

12 military education. 

13 ‘‘§ 2158. Annual report to Congress 

14 ‘‘The Secretary of Defense shall include in the annual 

15 report of the Secretary to Congress under section 113(c) of 

16 this title, for the period covered by the report, the following 

17 information (which shall be shown for the Department of 

18 Defense as a whole and separately for the Army, Navy, Air 

19 Force, and Marine Corps and each reserve component): 

20 ‘‘(1) The number of officers who successfully com21 pleted a joint professional military education phase 

22 II course and were not selected for promotion. 

23 ‘‘(2) The number of officer students and faculty 

24 members assigned by each service to the professional 
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1 military schools of the other services and to the joint 

2 schools.’’. 

3 (b) TRANSFER OF OTHER PROVISIONS.—Subsections 

4 (b) and (c) of section 663 of title 10, United States Code, 

5 are transferred to section 2151 of such title, as added by 

6 subsection (a), and added at the end thereof. 

7 (c) CONFORMING AMENDMENTS.—(1) Section 663 of 

8 such title, as amended by subsection (b), is further amend9 ed— 

10 (A) by striking subsections (a) and (e); and 

11 (B) by striking ‘‘(d) POST-EDUCATION JOINT

12 DUTY ASSIGNMENTS.—(1) The’’ and inserting ‘‘(a) 

13 JOINT SPECIALTY OFFICERS.—The’’; 

14 (C) by striking ‘‘(2)(A) The Secretary’’ and in15 serting ‘‘(b) OTHER OFFICERS.—(1) The Secretary’’; 

16 (D) by striking ‘‘in subparagraph (B)’ and in17 serting ‘‘in paragraph (2)’’; 

18 (E) by striking ‘‘(B) The Secretary’’ and insert19 ing ‘‘(2) The Secretary’’; and 

20 (F) by striking ‘‘in subparagraph (B)’ and in21 serting ‘‘in paragraph (1)’’. 

22 (2)(A) The heading of such section is amended to read 

23 as follows: 
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1 ‘‘§ 633. Joint duty assignments after completion of 

2 joint professional military education’’. 

3 (B) The item relating to that section in the table of 

4 sections at the beginning of chapter 38 of such title is 

5 amended to read as follows: 

‘‘633. Joint duty assignments after completion of joint professional military education.’’. 

6 (d) CONFORMING REPEAL.—Section 1123(b) of the Na7 tional Defense Authorization Act for Fiscal Years 1990 and 

8 1991 (Public Law 101–189; 103 Stat. 1556) is repealed. 

9 (e) CLERICAL AMENDMENT.—The tables of chapters at 

10 the beginning of subtitle A, and at the beginning of part 

11 III of subtitle A, of title 10, United States Code, are amend12 ed by striking the item relating to chapter 107 and insert13 ing the following: 

‘‘106A. Educational Assistance for Persons Enlisting for 

Active Duty .................................................................... 2141

‘‘107. Professional Military Education ..................................... 2151’’. 

14 SEC. 542. RIBBONS TO RECOGNIZE COMPLETION OF JOINT 

15 PROFESSIONAL MILITARY EDUCATION. 

16 (a) IN GENERAL.—(1) Chapter 57 of title 10, United 

17 States Code, is amended by adding at the end the following 

18 new section: 

19 ‘‘§ 1134. Joint professional military education ribbon: 

20 award 

21 ‘‘(a) JPME I.—The Secretary of Defense may award 

22 a ribbon, of appropriate design, as approved by the Sec-
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1 retary, to any person who successfully completes a program 

2 of instruction approved by the Secretary as qualifying for 

3 credit as the Joint Professional Military Education Phase 

4 I program of instruction. 

5 ‘‘(b) JPME II.—The Secretary of Defense may award 

6 a device, of appropriate design, as approved by the Sec7 retary, for wear with the ribbon awarded under subsection 

8 (a), to any person who successfully completes a program 

9 of instruction approved by the Secretary as qualifying for 

10 credit as the Joint Professional Military Education Phase 

11 II course of instruction.’’. 

12 (2) The table of sections at the beginning of such chap13 ter is amended by adding at the end the following new item: 

‘‘1134. Joint professional military education ribbon: award.’’. 

14 (b) EFFECTIVE DATE.—Section 1134 of title 10, 

15 United States Code, as added by subsection (a), shall apply 

16 with respect to the successful completion of a joint profes17 sional military education program of instruction after No18 vember 29, 1989. 

19 SEC. 543. INCREASE IN NUMBER OF PRIVATE-SECTOR CIVIL20 IANS WHO MAY BE ENROLLED FOR INSTRUC21 TION AT NATIONAL DEFENSE UNIVERSITY. 

22 Section 2167(a) of title 10, United States Code, is 

23 amended by striking ‘‘10’’ and inserting ‘‘20’’. 
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1 SEC. 544. REQUIREMENT FOR COMPLETION OF PHASE I 

2 JOINT PROFESSIONAL MILITARY EDUCATION 

3 BEFORE PROMOTION TO COLONEL OR NAVY 

4 CAPTAIN. 

5 (a) IN GENERAL.—Chapter 36 of title 10, United 

6 States Code, is amended by inserting after section 619a the 

7 following new section: 

8 ‘‘§ 619b. Eligibility for consideration for promotion: 

9 joint professional military education re10 quired before promotion to colonel or 

11 Navy captain; exceptions 

12 ‘‘(a) GENERAL RULE.—After September 30, 2007, an 

13 officer on the active-duty list of the Army, Air Force, or 

14 Marine Corps may not be appointed to the grade of colonel, 

15 and an officer on the active-duty list of the Navy may not 

16 be appointed to the grade of captain, unless the officer has 

17 successfully completed a program of instruction approved 

18 by the Secretary as qualifying for credit as the Joint Profes19 sional Military Education Phase I or Phase II program 

20 of instruction. 

21 ‘‘(b) EXCEPTIONS.—Subject to subsection (c), the Sec22 retary of Defense may waive subsection (a) in the following 

23 circumstances: 

24 ‘‘(1) When necessary for the good of the service. 

25 ‘‘(2) In the case of an officer whose proposed se26 lection for promotion is based primarily upon sci-
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1 entific and technical qualifications for which joint re2 quirements do not exist. 

3 ‘‘(3) In the case of— 

4 ‘‘(A) a medical officer, dental officer, veteri5 nary officer, medical service officer, nurse, or 

6 biomedical science officer; 

7 ‘‘(B) a chaplain; or 

8 ‘‘(C) a judge advocate. 

9 ‘‘(c) WAIVER TO BE INDIVIDUAL.—A waiver may be 

10 granted under subsection (b) only on a case-by-case basis 

11 in the case of an individual officer. 

12 ‘‘(d) SPECIAL RULE FOR GOOD-OF-THE-SERVICE

13 WAIVER.—In the case of a waiver under subsection (b)(1), 

14 the Secretary shall provide that the first duty assignment 

15 as a colonel or Navy captain of the officer for whom the 

16 waiver is granted shall be to a program of joint professional 

17 military education. 

18 ‘‘(e) LIMITATION ON DELEGATION OF WAIVER AU19 THORITY.—The authority of the Secretary of Defense to 

20 grant a waiver under subsection (b) (other than under 

21 paragraph (1) of that subsection) may be delegated only to 

22 the Deputy Secretary of Defense, an Under Secretary of De23 fense, or an Assistant Secretary of Defense. 

24 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

25 prescribe regulations to carry out this section. The regula-
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1 tions shall specifically identify for purposes of subsection 

2 (b)(2) those categories of officers for which selection for pro3 motion to colonel or, in the case of the Navy, captain is 

4 based primarily upon scientific and technical qualifications 

5 for which joint requirements do not exist.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections at 

7 the beginning of such chapter is amended by adding at the 

8 end the following new item: 

‘‘619b. Eligibility for consideration for promotion: joint professional military education required before promotion to colonel or Navy captain; exceptions.’’. 

9 Subtitle F—Other Education and 

10 Training Matters 

11 SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PRO12 GRAM. 

13 (a) CODIFICATION AND EXTENSION OF ARMY PRO14 GRAM.—(1) Chapter 31 of title 10, United States Code, is 

15 amended by inserting after section 510 the following new 

16 section: 

17 ‘‘§ 511. College First Program 

18 ‘‘(a) PROGRAM AUTHORITY.—The Secretary of each 

19 military department may establish a program to increase 

20 the number of, and the level of the qualifications of, persons 

21 entering the armed forces as enlisted members by encour22 aging recruits to pursue higher education or vocational or 

23 technical training before entry into active service. 
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1 ‘‘(b) DELAYED ENTRY WITH ALLOWANCE FOR HIGHER

2 EDUCATION.—The Secretary concerned may— 

3 ‘‘(1) exercise the authority under section 513 of 

4 this title— 

5 ‘‘(A) to accept the enlistment of a person as 

6 a Reserve for service in the Selected Reserve or 

7 Individual Ready Reserve of a reserve compo8 nent, notwithstanding the scope of the authority 

9 under subsection (a) of that section, in the case 

10 of the Army National Guard of the United States 

11 or Air National Guard of the United States; and 

12 ‘‘(B) to authorize, notwithstanding the pe13 riod limitation in subsection (b) of that section, 

14 a delay of the enlistment of any such person in 

15 a regular component under that subsection for 

16 the period during which the person is enrolled 

17 in, and pursuing a program of education at, an 

18 institution of higher education, or a program of 

19 vocational or technical training, on a full-time 

20 basis that is to be completed within the max21 imum period of delay determined for that person 

22 under subsection (c); and 

23 ‘‘(2) subject to paragraph (2) of subsection (d) 

24 and except as provided in paragraph (3) of that sub25 section, pay an allowance to a person accepted for en-
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1 listment under paragraph (1)(A) for each month of 

2 the period during which that person is enrolled in 

3 and pursuing a program described in paragraph 

4 (1)(B). 

5 ‘‘(c) MAXIMUM PERIOD OF DELAY.—The period of 

6 delay authorized a person under paragraph (1)(B) of sub7 section (b) may not exceed the 30-month period beginning 

8 on the date of the person’s enlistment accepted under para9 graph (1)(A) of such subsection. 

10 ‘‘(d) ALLOWANCE.—(1) The monthly allowance paid 

11 under subsection (b)(2) shall be equal to the amount of the 

12 subsistence allowance provided for certain members of the 

13 Senior Reserve Officers’ Training Corps with the cor14 responding number of years of participation under section 

15 209(a) of title 37. The Secretary concerned may supplement 

16 that stipend by an amount not to exceed $225 per month. 

17 ‘‘(2) An allowance may not be paid to a person under 

18 this section for more than 24 months. 

19 ‘‘(3) A member of the Selected Reserve of a reserve com20 ponent may be paid an allowance under this section only 

21 for months during which the member performs satisfactorily 

22 as a member of a unit of the reserve component that trains 

23 as prescribed in section 10147(a)(1) of this title or section 

24 502(a) of title 32. Satisfactory performance shall be deter-
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1 mined under regulations prescribed by the Secretary con2 cerned. 

3 ‘‘(4) An allowance under this section is in addition 

4 to any other pay or allowance to which a member of a re5 serve component is entitled by reason of participation in 

6 the Ready Reserve of that component. 

7 ‘‘(e) RECOUPMENT OF ALLOWANCE.—(1) A person 

8 who, after receiving an allowance under this section, fails 

9 to complete the total period of service required of that per10 son in connection with delayed entry authorized for the per11 son under section 513 shall repay the United States the 

12 amount which bears the same ratio to the total amount of 

13 that allowance paid to the person as the unserved part of 

14 the total required period of service bears to the total period. 

15 ‘‘(2) An obligation to repay the United States imposed 

16 under paragraph (1) is for all purposes a debt owed to the 

17 United States. 

18 ‘‘(3) A discharge of a person in bankruptcy under title 

19 11 that is entered less than five years after the date on 

20 which the person was, or was to be, enlisted in the regular 

21 Army pursuant to the delayed entry authority under section 

22 513 does not discharge that person from a debt arising 

23 under paragraph (1). 

24 ‘‘(4) The Secretary concerned may waive, in whole or 

25 in part, a debt arising under paragraph (1) in any case 
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1 for which the Secretary determines that recovery would be 

2 against equity and good conscience or would be contrary 

3 to the best interests of the United States. 

4 ‘‘(f) SPECIAL PAY AND BONUSES.—Upon enlisting in 

5 the regular component of the member’s armed force, a per6 son who initially enlisted as a Reserve under this section 

7 may, at the discretion of the Secretary concerned, be eligible 

8 for all regular special pays, bonuses, education benefits, and 

9 loan repayment programs.’’. 

10 (2) The table of sections at the beginning of such chap11 ter is amended by inserting after the item relating to section 

12 510 the following new item: 

‘‘511. College First Program’’. 

13 (b) REPEAL OF ARMY COLLEGE FIRST PROGRAM.— 

14 Section 573 of the National Defense Authorization Act for 

15 Fiscal Year 2000 (10 U.S.C. 513 note) is repealed. The Sec16 retary of the Army shall treat the program under section 

17 511 of title 10, United States Code, as added by subsection 

18 (a), as a continuation of the program under the section re19 pealed by the preceding sentence. 

20 (c) EFFECTIVE DATE.—Section 511 of title 10, United 

21 States Code, as added by subsection (a), and the repeal 

22 made by subsection (b) shall take effect on October 1, 2004. 

23 (d) LIMITATION ON FISCAL YEAR 2005 OBLIGA24 TIONS.—During fiscal year 2005, obligations incurred 

25 under section 511 of title 10, United States Code, as added 
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1 by subsection (a), to pay allowances to persons accepted for 

2 enlistment as a Reserve for service in the Selected Reserve 

3 or Individual Ready Reserve of a reserve component using 

4 the expanded authority provided by the amendment made 

5 by subsection (a) may not exceed $5,000,000. The authority 

6 to pay allowances under such section shall not be considered 

7 to be an expanded authority to the extent that the authority 

8 to pay such allowances was available under section 573 of 

9 the National Defense Authorization Act for Fiscal Year 

10 2000 (10 U.S.C. 513 note), before the repeal of such section 

11 by subsection (b). 

12 SEC. 552. STANDARDIZATION OF AUTHORITY TO CONFER 

13 DEGREES ON GRADUATES OF COMMUNITY 

14 COLLEGE OF THE AIR FORCE WITH AUTHOR15 ITY FOR OTHER SCHOOLS OF AIR UNIVER16 SITY. 

17 (a) CHANGE IN DEGREE CONFERRING AUTHORITY.— 

18 Section 9315(c) of title 10, United States Code, is amend19 ed— 

20 (1) in paragraph (1), by striking ‘‘Air Edu21 cation and Training Command of the Air Force’’ and 

22 inserting ‘‘Air University’’; and 

23 (2) in paragraph (2), by striking ‘‘Air Edu24 cation and Training Command of the Air Force’’ and 

25 inserting ‘‘Air University’’. 
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1 (b) CONFORMING AND STYLISTIC AMENDMENTS.—(1) 

2 Subsection (a) of section 9317 of such title is amended— 

3 (1) by striking ‘‘may confer—’’ and inserting 

4 ‘‘may confer degrees as follows:’’; 

5 (2) by striking ‘‘the’’ in paragraphs (1), (2), and 

6 (3) after the paragraph designation and inserting 

7 ‘‘The’’; 

8 (3) by striking the semicolon at the end of para9 graph (1) and inserting a period; 

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

11 (2) and inserting a period; and 

12 (5) by adding at the end the following new para13 graph: 

14 ‘‘(4) An associate level degree upon graduates of 

15 the Community College of the Air Force.’’. 

16 (c) CLERICAL AMENDMENTS.—The heading for such 

17 section, and the item relating to such section in the table 

18 of sections at the beginning of chapter 901 of such title, 

19 are amended by striking the matter between the colon and 

20 the last word. 

21 SEC. 553. CHANGE IN TITLES OF HEADS OF THE NAVAL 

22 POSTGRADUATE SCHOOL. 

23 (a) PRESIDENT OF THE SCHOOL.—(1)(A) Section 

24 7042 of title 10, United States Code, is amended by striking 
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1 ‘‘Superintendent’’ each place it appears in the text and in2 serting ‘‘President’’. 

3 (B) The heading of such section is amended to read 

4 as follows: 

5 ‘‘§ 7042. President; assistants’’. 

6 (2)(A) Section 7044 of such title is amended by strik7 ing ‘‘Superintendent’’ and inserting ‘‘President of the 

8 school’’; 

9 (B) Sections 7048(a) and 7049(e) of such title are 

10 amended by striking ‘‘Superintendent’’ and inserting 

11 ‘‘President’’; 

12 (b) PROVOST AND ACADEMIC DEAN.—(1)(A) Sub13 section (a) of section 7043 of title 10, United States Code, 

14 is amended to read as follows: 

15 ‘‘(a) There is at the Naval Postgraduate School the ci16 vilian position of Provost and Academic Dean. The Provost 

17 and Academic Dean shall be appointed, to serve for periods 

18 of not more than five years, by the Secretary of the Navy 

19 after consultation with the Naval Postgraduate School 

20 Board of Advisors and consideration of the recommendation 

21 of the leadership and faculty of the Naval Postgraduate 

22 School.’’. 

23 (B) Subsection (b) of such section is amended by strik24 ing ‘‘Academic Dean’’ and inserting ‘‘Provost and Aca25 demic Dean’’. 
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1 (C) The heading of such section is amended to read 

2 as follows: 

3 ‘‘§ 7043. Provost and Academic Dean’’. 

4 (2) Section 5102(c)(10) of title 5, United States Code, 

5 is amended by striking ‘‘Academic Dean’’ and inserting 

6 ‘‘Provost and Academic Dean’’. 

7 (c) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of chapter 605 of such title is amended by 

9 striking the items related to sections 7042 and 7043 and 

10 inserting the following new items: 

‘‘7042. President; assistants. 

‘‘7043. Provost and Academic Dean.’’. 

11 SEC. 554. INCREASE FROM TWO YEARS TO THREE YEARS IN 

12 PERIOD FOR WHICH EDUCATIONAL LEAVE OF 

13 ABSENCE MAY BE AUTHORIZED. 

14 Section 708(a) of title 10, United States Code, is 

15 amended by striking ‘‘two years’’ and inserting ‘‘three 

16 years’’. 

17 SEC. 555. CORRECTION TO DISPARATE TREATMENT OF DIS18 ABILITIES SUSTAINED DURING ACCESSION 

19 TRAINING. 

20 (a) ELIGIBILITY OF ACADEMY CADETS AND MID21 SHIPMEN FOR DISABILITY RETIRED PAY.—(1) Section 

22 1217 of title 10, United States Code, is amended to read 

23 as follows: 
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1 ‘‘§ 1217. Cadets, midshipmen, and aviation cadets: ap2 plicability of chapter 

3 ‘‘(a) This chapter applies to cadets at the United 

4 States Military Academy, the United States Air Force 

5 Academy, and the United States Coast Guard Academy and 

6 midshipmen of the Navy, but only with respect to physical 

7 disabilities incurred after the date of the enactment of the 

8 National Defense Authorization Act for Fiscal Year 2005. 

9 ‘‘(b) Monthly cadet pay and monthly midshipman pay 

10 under section 203(c) of title 37 shall be considered to be 

11 basic pay for purposes of this chapter and the computation 

12 of retired pay and severance and separation pay to which 

13 entitlement is established under this chapter.’’. 

14 (2) The item related to section 1217 in the table of 

15 sections at the beginning of chapter 61 of such title is 

16 amended to read as follows: 

‘‘1217. Cadets, midshipmen, and aviation cadets: applicability of chapter.’’. 

17 (b) MEDICAL AND DENTAL CARE FOR SENIOR ROTC 

18 MEMBERS AND APPLICANTS.—(1) Chapter 55 of title 10, 

19 United States Code, is amended by inserting after section 

20 1074a the following new section: 
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1 ‘‘§ 1074b. Medical and dental care: members of, and 

2 designated applicants for membership in, 

3 Senior ROTC 

4 ‘‘(a) Under joint regulations prescribed by the admin5 istering Secretaries, the following persons are entitled to the 

6 benefits described in subsection (b): 

7 ‘‘(1) A member of, and a designated applicant 

8 for membership in, Senior ROTC who incurs or ag9 gravates an injury, illness, or disease in the line of 

10 duty while performing duties pursuant to section 

11 2109 of this title. 

12 ‘‘(2) A member of, and a designated applicant 

13 for membership in, Senior ROTC who incurs or ag14 gravates an injury, illness, or disease while traveling 

15 directly to or from the place at which that member 

16 or applicant is to perform or has performed duties 

17 pursuant to section 2109 of this title. 

18 ‘‘(3) Each member of, and each designated appli19 cant for membership in, Senior ROTC who incurs or 

20 aggravates an injury, illness, or disease in the line of 

21 duty while remaining overnight immediately before 

22 the commencement of duties performed pursuant to 

23 section 2109 of this title or, while remaining over24 night, between successive periods of performing duties 

25 pursuant to section 2109 of this title, at or in the vi26 cinity of the site of the duties performed pursuant to 
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1 section 2109 of this title, if the site is outside reason2 able commuting distance from the residence of the 

3 member or designated applicant. 

4 ‘‘(b) A person described in subsection (a) is entitled 

5 to— 

6 ‘‘(1) the medical and dental care appropriate for 

7 the treatment of the injury, illness, or disease of that 

8 person until the resulting disability cannot be materi9 ally improved by further hospitalization or treatment; 

10 and 

11 ‘‘(2) subsistence during hospitalization. 

12 ‘‘(c) A member of, and each designated applicant for 

13 membership in, Senior ROTC is not entitled to benefits 

14 under subsection (b) if the injury, illness, or disease or ag15 gravation of an injury, illness, or disease of that person 

16 described in subsection (a)(2) is the result of the gross neg17 ligence or the misconduct of the member or applicant for 

18 membership in Senior ROTC. 

19 ‘‘(d) In this section, the term ‘Senior ROTC’ means 

20 a program under chapter 103 of this title.’’. 

21 (2) Section 1074b of title 10, United States Code, as 

22 added by paragraph (1), shall apply with respect to inju23 ries, illnesses, and diseases incurred or aggravated on or 

24 after the date of the enactment of this Act. 
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1 (3) The table of sections at the beginning of chapter 

2 55 of such title is amended by inserting after the item relat3 ing to section 1074a the following new item: 

‘‘1074b. Medical and dental care: members of, and designated applicants for membership in, Senior ROTC.’’. 

4 SEC. 556. PRAYER AT MILITARY SERVICE ACADEMY ACTIVI5 TIES. 

6 (a) AUTHORITY OF SUPERINTENDENT.—The Super7 intendent of a service academy may have in effect such pol8 icy as the Superintendent considers appropriate with re9 spect to the offering of a voluntary, nondenominational 

10 prayer at an otherwise authorized activity of the academy, 

11 subject to such limitations as the President may prescribe. 

12 (b) SERVICE ACADEMIES.—For purposes of this sec13 tion, the term ‘‘service academy’’ means any of the fol14 lowing: 

15 (1) The United States Military Academy. 

16 (2) The United States Naval Academy. 

17 (3) The United States Air Force Academy. 

18 SEC. 557. REVISION TO CONDITIONS ON SERVICE OF OFFI19 CERS AS SERVICE ACADEMY SUPERINTEND20 ENTS. 

21 (a) REPEAL OF REQUIREMENT THAT OFFICERS RE22 TIRE AFTER SERVICE AS SUPERINTENDENT.—Sections 

23 3921, 6371, and 8921 of title 10, United States Code, are 

24 repealed. 
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1 (b) MINIMUM THREE-YEAR TOUR OF DUTY AS SUPER2 INTENDENT.— 

3 (1) MILITARY ACADEMY.—Section 4333a of such 

4 title is amended to read as follows: 

5 ‘‘§ 4333a. Superintendent: length of assignment 

6 ‘‘An officer who is detailed to the position of Super7 intendent of the Academy shall be so detailed for a period 

8 of not less than three years. In any case in which an officer 

9 serving as Superintendent is reassigned or retires before 

10 having completed three years service as Superintendent, or 

11 otherwise leaves that position (other than due to death) 

12 without having completed three years service in that posi13 tion, the Secretary of the Army shall submit to Congress 

14 notice that such officer left the position of Superintendent 

15 without having completed three years service in that posi16 tion, together with a statement of the reasons why that offi17 cer did not complete three years service in that position.’’. 

18 (2) NAVAL ACADEMY.—Section 6951a of such 

19 title is amended— 

20 (A) by striking the second sentence of sub21 section (b); and 

22 (B) by adding at the end the following new 

23 subsection: 

24 ‘‘(c) An officer who is detailed to the position of Super25 intendent shall be so detailed for a period of not less than 
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1 three years. In any case in which an officer serving as Su2 perintendent is reassigned or retires before having com3 pleted three years service as Superintendent, or otherwise 

4 leaves that position (other than due to death) without hav5 ing completed three years service in that position, the Sec6 retary of the Navy shall submit to Congress notice that such 

7 officer left the position of Superintendent without having 

8 completed three years service in that position, together with 

9 a statement of the reasons why that officer did not complete 

10 three years service in that position.’’. 

11 (3) AIR FORCE ACADEMY.—Section 9333a of 

12 such title is amended to read as follows: 

13 ‘‘§ 9333a. Superintendent: length of assignment 

14 ‘‘An officer who is detailed to the position of Super15 intendent of the Academy shall be so detailed for a period 

16 of not less than three years. In any case in which an officer 

17 serving as Superintendent is reassigned or retires before 

18 having completed three years service as Superintendent, or 

19 otherwise leaves that position (other than due to death) 

20 without having completed three years service in that posi21 tion, the Secretary of the Air Force shall submit to Congress 

22 notice that such officer left the position of Superintendent 

23 without having completed three years service in that posi24 tion, together with a statement of the reasons why that offi25 cer did not complete three years service in that position.’’. 
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1 (b) CLERICAL AMENDMENTS.— 

2 (1) The table of sections at the beginning of 

3 chapter 367 of such title is amended by striking the 

4 item relating to section 3921. 

5 (2) The table of sections at the beginning of 

6 chapter 403 of such title is amended to read as fol7 lows: 

‘‘4333a. Superintendent: length of assignment.’’ 

8 (3) The table of sections at the beginning of 

9 chapter 573 of such title is amended by striking the 

10 item relating to section 6371. 

11 (4) The table of sections at the beginning of 

12 chapter 867 of such title is amended by striking the 

13 item relating to section 8921. 

14 (5) The table of sections at the beginning of 

15 chapter 903 of such title is amended to read as fol16 lows: 

‘‘9333a. Superintendent: length of assignment.’’ 

17 SEC. 558. CODIFICATION OF PROHIBITION ON IMPOSITION 

18 OF CERTAIN CHARGES AND FEES AT THE 

19 SERVICE ACADEMIES. 

20 (a) UNITED STATES MILITARY ACADEMY.—(1) Chap21 ter 403 of title 10, United States Code, is amended by add22 ing at the end the following new section: 
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1 ‘‘§ 4359. Cadets: charges and fees for attendance; limi2 tation 

3 ‘‘(a) PROHIBITION.—Except as provided in subsection 

4 (b), no charge or fee for tuition, room, or board for attend5 ance at the Academy may be imposed unless the charge or 

6 fee is specifically authorized by a law enacted after October 

7 5, 1994. 

8 ‘‘(b) EXCEPTION.—The prohibition specified in sub9 section (a) does not apply with respect to any item or serv10 ice provided to cadets for which a charge or fee is imposed 

11 as of October 5, 1994. The Secretary of Defense shall notify 

12 Congress of any change made by the Academy in the 

13 amount of a charge or fee authorized under this sub14 section.’’. 

15 (2) The table of sections at the beginning of such chap16 ter is amended by adding at the end the following new item: 

‘‘4359. Cadets: charges and fees for attendance; limitation.’’. 

17 (b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 

18 603 of title 10, United States Code, is amended by adding 

19 at the end the following new section: 

20 ‘‘§ 6978. Midshipmen: charges and fees for attendance; 

21 limitation 

22 ‘‘(a) PROHIBITION.—Except as provided in subsection 

23 (b), no charge or fee for tuition, room, or board for attend24 ance at the Naval Academy may be imposed unless the 
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1 charge or fee is specifically authorized by a law enacted 

2 after October 5, 1994. 

3 ‘‘(b) EXCEPTION.—The prohibition specified in sub4 section (a) does not apply with respect to any item or serv5 ice provided to midshipmen for which a charge or fee is 

6 imposed as of October 5, 1994. The Secretary of Defense 

7 shall notify Congress of any change made by the Naval 

8 Academy in the amount of a charge or fee authorized under 

9 this subsection.’’. 

10 (2) The table of sections at the beginning of such chap11 ter is amended by adding at the end the following new item: 

‘‘4359. Midshipmen: charges and fees for attendance; limitation.’’. 

12 (c) UNITED STATES AIR FORCE ACADEMY.—(1) Chap13 ter 903 of title 10, United States Code, is amended by add14 ing at the end the following new section: 

15 ‘‘§ 9359. Cadets: charges and fees for attendance; limi16 tation 

17 ‘‘(a) PROHIBITION.—Except as provided in subsection 

18 (b), no charge or fee for tuition, room, or board for attend19 ance at the Academy may be imposed unless the charge or 

20 fee is specifically authorized by a law enacted after October 

21 5, 1994. 

22 ‘‘(b) EXCEPTION.—The prohibition specified in sub23 section (a) does not apply with respect to any item or serv24 ice provided to cadets for which a charge or fee is imposed 

25 as of October 5, 1994. The Secretary of Defense shall notify 
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1 Congress of any change made by the Academy in the 

2 amount of a charge or fee authorized under this sub3 section.’’. 

4 (2) The table of sections at the beginning of such chap5 ter is amended by adding at the end the following new item: 

‘‘9359. Cadets: charges and fees for attendance; limitation.’’. 

6 (d) UNITED STATES COAST GUARD ACADEMY.—(1) 

7 Chapter 9 of title 14, United States Code, is amended by 

8 adding at the end the following new section: 

9 ‘‘§ 197. Cadets: charges and fees for attendance; limi10 tation 

11 ‘‘(a) PROHIBITION.—Except as provided in subsection 

12 (b), no charge or fee for tuition, room, or board for attend13 ance at the Academy may be imposed unless the charge or 

14 fee is specifically authorized by a law enacted after October 

15 5, 1994. 

16 ‘‘(b) EXCEPTION.—The prohibition specified in sub17 section (a) does not apply with respect to any item or serv18 ice provided to cadets for which a charge or fee is imposed 

19 as of October 5, 1994. The Secretary of Homeland Security 

20 shall notify Congress of any change made by the Academy 

21 in the amount of a charge or fee authorized under this sub22 section.’’. 

23 (2) The table of sections at the beginning of such chap24 ter is amended by adding at the end the following new item: 

‘‘197. Cadets: charges and fees for attendance; limitation.’’. 
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1 (e) UNITED STATES MERCHANT MARINE ACADEMY.— 

2 Section 1303 of the Merchant Marine Act, 1936 (46 U.S.C. 

3 App. 1295b), is amended by adding at the end the following 

4 new subsection: 

5 ‘‘(j) LIMITATION ON CHARGES AND FEES FOR ATTEND6 ANCE.— 

7 ‘‘(1) Except as provided in paragraph (2), no 

8 charge or fee for tuition, room, or board for attend9 ance at the Academy may be imposed unless the 

10 charge or fee is specifically authorized by a law en11 acted after October 5, 1994. 

12 ‘‘(2)The prohibition specified in paragraph (1) 

13 does not apply with respect to any item or service 

14 provided to cadets for which a charge or fee is im15 posed as of October 5, 1994. The Secretary of Trans16 portation shall notify Congress of any change made 

17 by the Academy in the amount of a charge or fee au18 thorized under this paragraph.’’. 

19 (f) REPEAL OF CODIFIED PROVISION.—Section 553 of 

20 the National Defense Authorization Act for Fiscal Year 

21 1995 (Public Law 103–337; 10 U.S.C. 4331 note) is re22 pealed. 
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1 SEC. 559. QUALIFICATIONS OF THE DEAN OF THE FACULTY 

2 OF UNITED STATES AIR FORCE ACADEMY. 

3 Section 9335(a) of title 10, United States Code, is 

4 amended by inserting before the period at the end of the 

5 second sentence the following: ‘‘, except that, if the Dean 

6 is not an officer on active duty, the Dean shall be a retired 

7 officer or former officer, and a person may not be appointed 

8 or assigned as Dean unless that person holds the highest 

9 academic degree in that person’s academic field’’. 

10 Subtitle G—Medals and Decora11 tions and Special Promotions 

12 and Appointments 

13 SEC. 561. SEPARATE MILITARY CAMPAIGN MEDALS TO REC14 OGNIZE SERVICE IN OPERATION ENDURING 

15 FREEDOM AND SERVICE IN OPERATION IRAQI 

16 FREEDOM. 

17 (a) REQUIREMENT.—The President shall establish a 

18 campaign medal specifically to recognize service by mem19 bers of the uniformed services in Operation Enduring Free20 dom and a separate campaign medal specifically to recog21 nize service by members of the uniformed services in Oper22 ation Iraqi Freedom. 

23 (b) ELIGIBILITY.—Subject to such limitations as may 

24 be prescribed by the President, eligibility for a campaign 

25 medal established pursuant to subsection (a) shall be set 

26 forth in regulations to be prescribed by the Secretary con-
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1 cerned (as defined in section 101 of title 10, United States 

2 Code). In the case of regulations prescribed by the Secre3 taries of the military departments, the regulations shall be 

4 subject to approval by the Secretary of Defense and shall 

5 be uniform throughout the Department of Defense. 

6 SEC. 562. ELIGIBILITY OF ALL UNIFORMED SERVICES PER7 SONNEL FOR NATIONAL DEFENSE SERVICE 

8 MEDAL. 

9 The President shall revise the criteria for eligibility for 

10 the decoration known as the National Defense Service Medal 

11 so as to extend such eligibility, with respect to service on 

12 or after September 11, 2001, to members of all of the uni13 formed services. 

14 SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL 

15 CHARLES E. YEAGER, UNITED STATES AIR 

16 FORCE (RETIRED), TO THE GRADE OF MAJOR 

17 GENERAL ON THE RETIRED LIST. 

18 The President is authorized to appoint, by and with 

19 the advice and consent of the Senate, Brigadier General 

20 Charles E. Yeager, United States Air Force (retired), to the 

21 grade of major general on the retired list of the Air Force. 

22 Any such appointment shall not affect the retired pay or 

23 other benefits of Charles E. Yeager or any benefits to which 

24 any other person is or may become entitled based upon his 

25 service. 
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1 SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCH2 ELL IN THE GRADE OF MAJOR GENERAL IN 

3 THE ARMY. 

4 (a) AUTHORITY.—The President, by and with the ad5 vice and consent of the Senate, may issue posthumously a 

6 commission as major general, United States Army, in the 

7 name of the late William Mitchell, formerly a colonel, 

8 United States Army, who resigned his commission on Feb9 ruary 1, 1926. 

10 (b) DATE OF COMMISSION.—A commission issued 

11 under subsection (a) shall issue as of the date of the death 

12 of William Mitchell on February 19, 1936. 

13 (c) PROHIBITION OF BENEFITS.—No person is entitled 

14 to receive any bonus, gratuity, pay, allowance, or other fi15 nancial benefit by reason of the enactment of this section. 

16 Subtitle H—Military Justice 

17 Matters 

18 SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COV19 ERED BY UNIFORM CODE OF MILITARY JUS20 TICE. 

21 (a) REVIEW REQUIRED.—The Secretary of Defense 

22 shall review the Uniform Code of Military Justice and the 

23 Manual for Courts-Martial with the objective of deter24 mining what changes are required to improve the ability 

25 of the military justice system to address issues relating to 

26 sexual assault and to conform the Uniform Code of Military 
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1 Justice and the Manual for Courts-Martial more closely to 

2 other Federal laws and regulations that address such issues. 

3 (b) REPORT.—Not later than March 1, 2005, the Sec4 retary shall submit to the Committee on Armed Services 

5 of the Senate and the Committee on Armed Services of the 

6 House of Representatives a report on the review carried out 

7 under subsection (a). The report shall include the rec8 ommendations of the Secretary for revisions to the Uniform 

9 Code of Military Justice and, for each such revision, the 

10 rationale behind that revision. 

11 SEC. 572. SERVICE TIME NOT LOST WHEN CONFINED IN 

12 CONNECTION WITH TRIAL IF CONFINEMENT 

13 EXCUSED AS UNAVOIDABLE. 

14 Section 972 of title 10, United States Code, is amended 

15 in each of subsections (a)(3) and (b)(3) by inserting after 

16 ‘‘the trial’’ the following: ‘‘, unless such confinement is ex17 cused as unavoidable’’. 

18 SEC. 573. CLARIFICATION OF AUTHORITY OF MILITARY 

19 LEGAL ASSISTANCE COUNSEL TO PROVIDE 

20 MILITARY LEGAL ASSISTANCE WITHOUT RE21 GARD TO LICENSING REQUIREMENTS. 

22 Section 1044 of title 10, United States Code, is amend23 ed by adding at the end the following new subsection: 

24 ‘‘(e)(1) Notwithstanding any law regarding the licen25 sure of attorneys, a judge advocate or civilian attorney who 
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1 is authorized to provide military legal assistance is author2 ized to provide that assistance in any jurisdiction, subject 

3 to such regulations as may be prescribed by the Secretary 

4 concerned. 

5 ‘‘(2) In this subsection, the term ‘military legal assist6 ance’ includes— 

7 ‘‘(A) legal assistance provided under this section; 

8 and 

9 ‘‘(B) legal assistance contemplated by sections 

10 1044a, 1044b, 1044c, and 1044d of this title.’’. 

11 Subtitle I—Management and 

12 Administrative Matters 

13 SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON RE14 DUCTIONS OF PERSONNEL OF AGENCIES RE15 SPONSIBLE FOR REVIEW AND CORRECTION 

16 OF MILITARY RECORDS. 

17 Section 1559(a) of title 10, United States Code, is 

18 amended by striking ‘‘During fiscal years 2003, 2004, and 

19 2005,’’ and inserting ‘‘Before October 1, 2008,’’. 

20 SEC. 582. STAFFING AND FUNDING FOR DEFENSE PRIS21 ONER OF WAR/MISSING PERSONNEL OFFICE 

22 (DPMO). 

23 (a) MINIMUM LEVEL OF STAFFING.—Subparagraph 

24 (B) of section 1501(a)(5) of title 10, United States Code, 

25 is amended to read as follows: 
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1 ‘‘(B)(i) For any fiscal year— 

2 ‘‘(I) the number of full-time Department of De3 fense personnel permanently assigned or detailed to 

4 the office shall be not less than 46 members of the 

5 armed forces and not less than 69 civilian employees 

6 of the Department of Defense; and 

7 ‘‘(II) the number of permanent positions author8 ized for the office shall be not less than 46 positions 

9 for members of the armed forces and not less than 69 

10 positions for civilian employees. 

11 ‘‘(ii) No reductions below the numbers assigned or au12 thorized under clause (i) may be made unless expressly au13 thorized by law. 

14 ‘‘(iii) If for any reason the number of military or civil15 ian personnel assigned to the office should fall below the 

16 required level under clause (i)(I), the Secretary of Defense 

17 shall promptly notify the Committees on Armed Services 

18 of the Senate and House of Representatives of the number 

19 of personnel so assigned and of the Secretary’s plan to re20 store the staffing levels of the office to at least the required 

21 minimums under clause (i). The Secretary shall publish 

22 such notice and plan in the Federal Register.’’. 

23 (b) MINIMUM LEVEL OF FUNDING.—Subparagraph 

24 (C) of such section is amended to read as follows: 
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1 ‘‘(C) For any fiscal year, the level of funding allocated 

2 to the office shall be not less than $16,000,000 unless a lower 

3 level of funding is expressly required by law.’’. 

4 SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPEND5 ENTS AGE 70 AND OLDER. 

6 (a) IN GENERAL.—(1) Chapter 53 of title 10, United 

7 States Code, is amended by adding at the end the following 

8 new section: 

9 ‘‘§ 1060b. Military ID cards: dependents and survivors 

10 of retirees; issuance of permanent ID card 

11 after attaining 70 years of age 

12 ‘‘(a) PERMANENT ID CARD AFTER AGE 70.—In 

13 issuing military ID cards to retiree dependents, the Sec14 retary concerned shall issue a permanent ID card (not sub15 ject to renewal) to any such retiree dependent who has at16 tained 70 years of age. Such a permanent ID card shall 

17 be issued upon the expiration, after the retiree dependent 

18 attains 70 years of age, of any earlier, renewable military 

19 ID card or, if earlier, upon the request of such a retiree 

20 dependent after attaining age 70. 

21 ‘‘(b) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘military ID card’ means a card 

23 or other form of identification used for purposes of 

24 demonstrating eligibility for any benefit from the De25 partment of Defense. 
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1 ‘‘(2) The term ‘‘retiree dependent’’ means a per2 son who is a dependent of a retired member of the 

3 uniformed services, or a survivor of a deceased retired 

4 member of the uniformed services, who is eligible for 

5 any benefit from the Department of Defense.’’. 

6 (2) The table of sections at the beginning of such chap7 ter is amended by adding at the end the following new item: 

‘‘1060b. Military ID cards: dependents and survivors of retirees; issuance of permanent ID card after attaining 70 years of age.’’. 

8 (b) EFFECTIVE DATE.—Section 1060b of title 10, 

9 United States Code, as added by subsection (a), shall take 

10 effect on October 1, 2004. 

11 SEC. 584. AUTHORITY TO PROVIDE CIVILIAN CLOTHING TO 

12 MEMBERS TRAVELING IN CONNECTION WITH 

13 MEDICAL EVACUATION. 

14 (a) AUTHORITY.—Section 1047 of title 10, United 

15 States Code, is amended— 

16 (1) by inserting ‘‘(b) CERTAIN ENLISTED MEM17 BERS.—’’ before ‘‘The Secretary’’; and 

18 (2) by inserting after the section heading the fol19 lowing: 

20 ‘‘(a) MEMBERS TRAVELING IN CONNECTION WITH

21 MEDICAL EVACUATION.—The Secretary of the military de22 partment concerned may furnish civilian clothing to a 

23 member at a cost not to exceed $250, or reimburse a member 
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1 for the purchase of civilian clothing in an amount not to 

2 exceed $250, in the case of a member who— 

3 ‘‘(1) is medically evacuated for treatment in a 

4 medical facility by reason of an illness or injury in5 curred or aggravated while on active duty; or 

6 ‘‘(2) after being medically evacuated as described 

7 in paragraph (1), is in an authorized travel status 

8 from a medical facility to another location approved 

9 by the Secretary.’’. 

10 (b) EFFECTIVE DATE.—Subsection (a) of section 1047 

11 of title 10, United States Code, as added by subsection (a) 

12 shall take effect on October 1, 2004. 

13 SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT 

14 TRAVELER MILES, CREDITS, AND TICKETS TO 

15 FACILITATE REST AND RECUPERATION TRAV16 EL OF DEPLOYED MEMBERS OF THE ARMED 

17 FORCES AND THEIR FAMILIES. 

18 (a) OPERATION HERO MILES.—Chapter 155 of title 

19 10, United States Code, is amended by adding at the end 

20 the following new section: 
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1 ‘‘§ 2613. Acceptance of frequent traveler miles, credits, 

2 and tickets; use to facilitate rest and recu3 peration travel of deployed members and 

4 their families 

5 ‘‘(a) AUTHORITY TO ACCEPT DONATION OF TRAVEL

6 BENEFITS.—Subject to subsection (c), the Secretary of De7 fense may accept from any person or government agency 

8 the donation of travel benefits for the purposes of use under 

9 subsection (d). 

10 ‘‘(b) TRAVEL BENEFIT DEFINED.—In the section, the 

11 term ‘‘travel benefit’’ means frequent traveler miles, credits 

12 for tickets, or tickets for air or surface transportation issued 

13 by an air carrier or a surface carrier, respectively, that 

14 serves the public. 

15 ‘‘(c) CONDITION ON AUTHORITY TO ACCEPT DONA16 TION.—The Secretary may accept a donation of a travel 

17 benefit under this section only if the air or surface carrier 

18 that is the source of the benefit consents to such donation. 

19 Any such donation shall be under such terms and condi20 tions as the surface carrier may specify, and the travel ben21 efit so donated may be used only in accordance with the 

22 rules established by the carrier. 

23 ‘‘(d) USE OF DONATED TRAVEL BENEFITS.—A travel 

24 benefit accepted under this section may be used only for 

25 the purpose of— 
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1 ‘‘(1) facilitating the travel of a member of the 

2 armed forces who— 

3 ‘‘(A) is deployed on active duty away from 

4 the permanent duty station of the member; and 

5 ‘‘(B) is granted, during such deployment, 

6 rest and recuperative leave, emergency leave, 

7 convalescent leave, or another form of leave au8 thorized for the member; or 

9 ‘‘(2) facilitating the travel of family members of 

10 a member described in paragraph (1) in order to be 

11 reunited with the member. 

12 ‘‘(e) ADMINISTRATION.—The Secretary shall designate 

13 a single office in the Department of Defense to carry out 

14 this section. That office shall be responsible for developing 

15 rules and procedures to facilitate the acceptance and dis16 tribution of travel benefit under this section. 

17 ‘‘(f) STATUS OF BENEFITS RECEIVED.—A member of 

18 the armed forces, or a family member of a member of the 

19 armed forces, who receives a travel benefit under this section 

20 is deemed to recognize no income from the receipt or use 

21 of such benefit. A donors of a travel benefit under this sec22 tion is deemed to obtain no tax benefit from such donation. 

23 ‘‘(g) FAMILY MEMBER DEFINED.—In this section, the 

24 term ‘family member’ has the meaning given that term in 

25 section 411h(b)(1) of title 37.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at the 

3 end the following new item: 

‘‘2613. Acceptance of frequent traveler miles, credits, and tickets; use to facilitate 

rest and recuperation travel of deployed members and their families.’’. 

4 SEC. 586. LIMITATION ON AMENDMENT OR CANCELLATION 

5 OF DEPARTMENT OF DEFENSE DIRECTIVE RE6 LATING TO REASONABLE ACCESS TO MILI7 TARY INSTALLATIONS FOR CERTAIN PER8 SONAL COMMERCIAL SOLICITATION. 

9 An amendment to Department of Defense Directive 

10 1344.7, ‘‘Personal Commercial Solicitation on DoD Instal11 lations’’, or cancellation of that directive, shall not take ef12 fect until after the end of the one-year period beginning on 

13 the date on which a report containing the results of the in14 vestigation regarding insurance premium allotment proc15 essing, which is underway as of the date of the enactment 

16 of this Act, is submitted to the Committee on Armed Serv17 ices and the Committee on Government Reform of the House 

18 of Representatives and the Committee on Armed Services 

19 and the Committee on Governmental Affairs of the Senate. 

20 SEC. 587. ANNUAL IDENTIFICATION OF REASONS FOR DIS21 CHARGES FROM THE ARMED FORCES DURING 

22 PRECEDING FISCAL YEAR. 

23 Not later than January 1 each year, the Secretary of 

24 Defense shall submit to the Committees on Armed Services 
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1 of the Senate and House of Representatives a report on dis2 charges from the Army, Navy, Air Force, and Marine Corps 

3 during the preceding fiscal year. Each such report shall 

4 show, in the aggregate and for each of those Armed Forces, 

5 the following: 

6 (1) The total number of persons discharged dur7 ing the preceding fiscal year. 

8 (2) For each separation code, and for each reen9 listment eligibility code, used by the Armed Forces, 

10 the number of those discharged persons assigned that 

11 code. 

12 (3) For the persons assigned each such separa13 tion code, classification of discharges by age, by sex, 

14 by race, by military rank or grade, by time in serv15 ice, by unit (shown at the small unit level), by mili16 tary occupational specialty (or the equivalent), and 

17 by reenlistment eligibility code. 

18 SEC. 588. AUTHORITY FOR FEDERAL RECOGNITION OF NA19 TIONAL GUARD COMMISSIONED OFFICERS 

20 APPOINTED FROM FORMER COAST GUARD 

21 PERSONNEL. 

22 Section 305(a) of title 32, United States Code, is 

23 amended— 
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1 (1) by striking ‘‘Army, Navy, Air Force, or Ma2 rine Corps’’ in paragraphs (2), (3), and (4) and in3 serting ‘‘armed forces’’; and 

4 (2) by striking ‘‘or the United States Air Force 

5 Academy’’ in paragraph (5) and inserting ‘‘the 

6 United States Air Force Academy, or the United 

7 States Coast Guard Academy’’. 

8 SEC. 589. STUDY OF BLENDED WING CONCEPT FOR THE AIR 

9 FORCE. 

10 (a) STUDY REQUIRED.—Not later than March 1, 2005, 

11 the Secretary of the Air Force shall submit to Congress a 

12 report on the blended wing concept for the Air Force. The 

13 report shall include the Secretary’s findings as to the char14 acteristics and locations that are considered favorable for 

15 a blended wing, a description of the manner in which cur16 rent blended wings are functioning, and a statement of the 

17 current and future plans of the Air Force to implement the 

18 blended wing concept. 

19 (b) SELECTION CRITERIA.—The report shall include a 

20 description of the criteria and attributes that the Secretary 

21 requires when choosing units to become blended wings. 
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1 SEC. 590. CONTINUATION OF IMPACT AID ASSISTANCE ON 

2 BEHALF OF DEPENDENTS OF CERTAIN MEM3 BERS DESPITE CHANGE IN STATUS OF MEM4 BER. 

5 (a) SPECIAL RULE.—For purposes of computing the 

6 amount of a payment for an eligible local educational agen7 cy under subsection (a) of section 8003 of the Elementary 

8 and Secondary Education Act (20 U.S.C. 7703) for school 

9 year 2004–2005, the Secretary of Education shall continue 

10 to count as a child enrolled in a school of such agency under 

11 such subsection any child who— 

12 (1) would be counted under paragraph (1)(B) of 

13 such subsection to determine the number of children 

14 who were in average daily attendance in the school; 

15 but 

16 (2) due to the deployment of both parents or 

17 legal guardians of the child, the deployment of a par18 ent or legal guardian having sole custody of the child, 

19 or the death of a military parent or legal guardian 

20 while on active duty (so long as the child resides on 

21 Federal property (as defined in section 8013(5) of 

22 such Act (7 U.S.C. 7713(5))), is not eligible to be so 

23 counted. 

24 (b) TERMINATION.—The special rule provided under 

25 subsection (a) applies only so long as the children covered 

26 by such subsection remain in average daily attendance at 
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1 a school in the same local educational agency they attended 

2 before their change in eligibility status. 

3 Subtitle J—Other Matters 

4 SEC. 591. EMPLOYMENT PREFERENCES FOR SPOUSES OF 

5 CERTAIN DEPARTMENT OF DEFENSE CIVIL6 IAN EMPLOYEES SUBJECT TO RELOCATION 

7 AGREEMENTS. 

8 (a) SPOUSES OF CERTAIN CIVILIAN EMPLOYEES.—(1) 

9 Section 1784 of title 10, United States Code, is amended 

10 by adding at the end the following new subsection: 

11 ‘‘(h) INCLUSION OF SPOUSES OF CERTAIN DOD CIVIL12 IAN EMPLOYEES SUBJECT TO RELOCATION AGREE13 MENTS.—(1) For the purposes of this section, the spouse of 

14 a civilian employee described in paragraph (2) shall be con15 sidered to be the spouse of a member of the armed forces. 

16 ‘‘(2) An employee described in this paragraph is a De17 partment of Defense employee who, pursuant to a manda18 tory mobility agreement executed as a condition of employ19 ment or pursuant to another civilian mobility program of 

20 the Department of Defense, has had a change of permanent 

21 duty assignment (A) that was based on the needs of the Gov22 ernment, and (B) that required a relocation of the employ23 ee’s residence.’’. 

24 (b) CLERICAL AMENDMENTS.—(1) The heading of such 

25 section is amended to read as follows: 
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1 ‘‘§ 1784. Employment opportunities: military spouses; 

2 certain Department of Defense civilian 

3 spouses subject to relocation agreements’’. 

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

5 sections at the beginning of subchapter I of chapter 88 of 

6 such title is amended to read as follows: 

‘‘1784. Employment opportunities: military spouses; certain Department of Defense civilian spouses subject to relocation agreements.’’. 

7 (c) EFFECTIVE DATE.—Subsection (h) of section 1784 

8 of title 10, United States Code, as added by subsection (a), 

9 shall apply only with respect to spouses of employees de10 scribed in paragraph (2) of that subsection who relocate 

11 their residence as a result of a permanent duty assignment 

12 specified in that paragraph that is effective on or after the 

13 date of the enactment of this Act. 

14 SEC. 592. REPEAL OF REQUIREMENT TO CONDUCT ELEC15 TRONIC VOTING DEMONSTRATION PROJECT 

16 FOR THE FEDERAL ELECTION TO BE HELD IN 

17 NOVEMBER 2004. 

18 Section 1604 of the National Defense Authorization 

19 Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 

20 1277; 42 U.S.C. 1977ff note) is repealed. 
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1 SEC. 593. EXAMINATION OF SEXUAL ASSAULT IN THE 

2 ARMED FORCES BY THE DEFENSE TASK 

3 FORCE ESTABLISHED TO EXAMINE SEXUAL 

4 HARASSMENT AND VIOLENCE AT THE MILI5 TARY SERVICE ACADEMIES. 

6 (a) EXTENSION OF TASK FORCE.—(1) The task force 

7 in the Department of Defense established by the Secretary 

8 of Defense pursuant to section 526 of the National Defense 

9 Authorization Act for Fiscal Year 2004 (Public Law 108– 

10 136; 117 Stat. 1466) to examine matters relating to sexual 

11 harassment and violence at the United States Military 

12 Academy and United States Naval Academy shall continue 

13 in existence for a period of at least 18 months after the 

14 date as of which the task force would otherwise be termi15 nated pursuant to subsection (i) of that section. 

16 (2) Upon the completion of the functions of the task 

17 force referred to in paragraph (1) pursuant to section 526 

18 of the National Defense Authorization Act for Fiscal Year 

19 2004, the name of the task force shall be changed to the 

20 Defense Task Force on Sexual Assault in the Military Serv21 ices, and the task force shall then carry out the functions 

22 specified in this section. The task force shall not begin to 

23 carry out the functions specified in this section until it has 

24 completed its functions under such section 526. 

25 (b) EXAMINATION OF MATTERS RELATING TO SEXUAL

26 ASSAULT IN THE ARMED FORCES.—The task force shall 
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1 conduct an examination of matters relating to sexual as2 sault in cases in which members of the Armed Forces are 

3 either victims or commit acts of sexual assault. 

4 (c) RECOMMENDATIONS.—The Task Force shall in5 clude in its report under subsection (e) recommendations 

6 of ways by which civilian officials within the Department 

7 of Defense and leadership within the Armed Forces may 

8 more effectively address matters relating to sexual assault. 

9 That report shall include an assessment of, and rec10 ommendations (including any recommendations for changes 

11 in law) for measures to improve, with respect to sexual as12 sault, the following: 

13 (1) Victim care and advocacy programs. 

14 (2) Effective prevention. 

15 (3) Collaboration among military investigative 

16 organizations with responsibility or jurisdiction. 

17 (4) Coordination between military and civilian 

18 communities, including local support organizations. 

19 (5) Reporting procedures, data collection, and 

20 tracking. 

21 (6) Oversight of sexual assault programs. 

22 (7) Military justice issues. 

23 (8) Other issues identified by the task force relat24 ing to sexual assault. 
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1 (d) METHODOLOGY.—In carrying out its examination 

2 under subsection (b) and in formulating its recommenda3 tions under subsection (c), the task force shall consider the 

4 findings and recommendations of previous reviews and in5 vestigations of sexual assault conducted by the Department 

6 of Defense and the Armed Forces. 

7 (e) REPORT.—(1) Not later than one year after the ini8 tiation of its examination under subsection (b), the task 

9 force shall submit to the Secretary of Defense and the Secre10 taries of the Army, Navy, and Air Force a report on the 

11 activities of the task force and on the activities of the De12 partment of Defense and the Armed Forces to respond to 

13 sexual assault. 

14 (2) The report shall include the following: 

15 (A) A description of any barrier to implementa16 tion of improvements as a result of previous efforts to 

17 address sexual assault. 

18 (B) Other areas of concern not previously ad19 dressed in prior reports 

20 (C) The findings and conclusions of the task 

21 force. 

22 (D) Any recommendations for changes to policy 

23 and law that the task force considers appropriate. 

24 (3) Within 90 days after receipt of the report under 

25 paragraph (1), the Secretary of Defense shall submit the 
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1 report, together with the Secretary’s evaluation of the re2 port, to the Committees on Armed Services of the Senate 

3 and House of Representatives. 

4 (f) TERMINATION.—The task force shall terminate 90 

5 days after the date on which the report of the task force 

6 is submitted to the Committees on Armed Services of the 

7 Senate and House of Representatives pursuant to subsection 

8 (e)(3). 

9 SEC. 594. RENEWAL OF PILOT PROGRAM FOR TREATING 

10 GED AND HOME SCHOOL DIPLOMA RECIPI11 ENTS AS HIGH SCHOOL GRADUATES FOR DE12 TERMINATIONS OF ELIGIBILITY FOR ENLIST13 MENT. 

14 Section 571(e) of the Strom Thurmond National De15 fense Authorization Act for Fiscal Year 1999 (10 U.S.C. 

16 520 note) is amended to read as follows: 

17 ‘‘(e) DURATION OF PILOT PROGRAM.—The pilot pro18 gram shall be in effect during the period beginning on Octo19 ber 1, 2004, and ending on September 30, 2005.’’. 

20 SEC. 595. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 

21 THAT BENEFIT DEPENDENTS OF MEMBERS 

22 OF THE ARMED FORCES AND DEPARTMENT 

23 OF DEFENSE CIVILIAN EMPLOYEES. 

24 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

25 PROGRAM FOR FISCAL YEAR 2005.—Of the amount author-
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1 ized to be appropriated pursuant to section 301(5) for oper2 ation and maintenance for Defense-wide activities, 

3 $50,000,000 shall be available only for the purpose of pro4 viding educational agencies assistance to local educational 

5 agencies. 

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

7 Secretary of Defense shall notify each local educational 

8 agency that is eligible for educational agencies assistance 

9 for fiscal year 2005 of— 

10 (1) that agency’s eligibility for the assistance; 

11 and 

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

13 agency is eligible. 

14 (c) DISBURSEMENT OF FUNDS.—The Secretary of De15 fense shall disburse funds made available under subsection 

16 (a) not later than 30 days after the date on which notifica17 tion to the eligible local educational agencies is provided 

18 pursuant to subsection (b). 

19 (d) DEFINITIONS.—In this section: 

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

21 means assistance authorized under section 386(b) of 

22 the National Defense Authorization Act for Fiscal 

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

24 note). 
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1 (2) The term ‘‘local educational agency’’ has the 

2 meaning given that term in section 8013(9) of the El3 ementary and Secondary Education Act of 1965 (20 

4 U.S.C. 7713(9)). 

5 SEC. 596. SENIOR RESERVE OFFICER TRAINING CORPS AND 

6 RECRUITER ACCESS AT INSTITUTIONS OF 

7 HIGHER EDUCATION. 

8 (a) CERTIFICATION OF COMPLIANCE WITH ROTC AC9 CESS PROVISIONS.—Subsection (a) of section 983 of title 

10 10, United States Code, is amended— 

11 (1) by inserting ‘‘(1)’’ before ‘‘No funds’’; 

12 (2) by striking ‘‘prevents—’’ and inserting ‘‘pre13 vents, either (or both) of the following:’’; 

14 (3) by striking ‘‘(1) the’’ and inserting ‘‘(A) 

15 The’’; 

16 (4) by striking ‘‘; or’’ and inserting a period; 

17 (5) by striking ‘‘(2) a’’ and inserting ‘‘(B) A’’; 

18 and 

19 (6) by adding at the end the following: 

20 ‘‘(2)(A) Not later than 180 days after the date of the 

21 enactment of the National Defense Authorization Act for 

22 Fiscal Year 2005 and annually thereafter, the Secretary of 

23 Defense shall request from each institution of higher edu24 cation that has students participating in a Senior Reserve 

25 Officer Training Corps program during the then-current 
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1 academic year of that institution a certification that such 

2 institution, during the next academic year of the institu3 tion, will— 

4 ‘‘(i) permit the Secretary of each military de5 partment to maintain a unit of the Senior Officer 

6 Training Corps (in accordance with subsection (a)) 

7 at that institution (or any subelement of that institu8 tion), should such Secretary elect to maintain such a 

9 unit; and 

10 ‘‘(ii) if the Secretary of the military department 

11 concerned elects not to establish or maintain a unit 

12 of the Senior Reserve Officer Training Corps at that 

13 institution, permit a student of that institution (or 

14 any subelement of that institution) to enroll in a unit 

15 of the Senior Reserve Officer Training Corps at an16 other institution of higher education. 

17 ‘‘(B) Any certification under subparagraph (A) shall 

18 be made by the president of the institution (or equivalent 

19 highest ranking administrative official) and shall be sub20 mitted to the Secretary of Defense no later than 90 days 

21 after receipt of the request from the Secretary. 

22 ‘‘(C) In the case of any institution from which a cer23 tification is requested under subparagraph (A), if the Sec24 retary of Defense does not receive a certification in accord25 ance with subparagraph (B), or if the certification does not 
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1 state that the university will comply with both clauses (i) 

2 and (ii) of subparagraph (A) during its next academic 

3 year, the Secretary shall make a determination under para4 graph (1) as to whether the institution has a policy or prac5 tice described in that paragraph.’’. 

6 (b) EQUAL TREATMENT OF MILITARY RECRUITERS

7 WITH OTHER RECRUITERS.—Subsection (b)(1) of such sec8 tion is amended— 

9 (1) by striking ‘‘entry to campuses’’ and insert10 ing ‘‘access to campuses’’; and 

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

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

13 quality and scope to the access to campuses and to 

14 students that is provided to any other employer’’. 

15 (c) PROHIBITION OF FUNDING FOR POST-SECONDARY

16 SCHOOLS THAT PREVENT ROTC ACCESS OR MILITARY RE17 CRUITING.—(1) Subsection (d) of such section is amended— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘limitation established in 

20 subsection (a) applies’’ and inserting ‘‘limita21 tions established in subsections (a) and (b) 

22 apply’’; 

23 (ii) in subparagraph (B), by inserting ‘‘for 

24 any department or agency for which regular ap-
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1 propriations are made’’ after ‘‘made available’’; 

2 and 

3 (iii) by adding at the end the following new 

4 subparagraphs: 

5 ‘‘(C) Any funds made available for the Depart6 ment of Homeland Security. 

7 ‘‘(D) Any funds made available for the National 

8 Nuclear Security Administration of the Department 

9 of Energy. 

10 ‘‘(E) Any funds made available for the Depart11 ment of Transportation. 

12 ‘‘(F) Any funds made available for the Central 

13 Intelligence Agency.’’; and 

14 (B) by striking paragraph (2). 

15 (2)(A) Subsection (b) of such section is amended by 

16 striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection 

17 (d)(1)’’. 

18 (B) Subsection (e) of such section is amended by in19 serting ‘‘, to the head of each other department and agency 

20 the funds of which are subject to the determination,’’ after 

21 ‘‘Secretary of Education’’. 

22 (d) CODIFICATION AND EXTENSION OF EXCLUSION OF

23 AMOUNTS TO COVER INDIVIDUAL PAYMENTS.—Subsection 

24 (d) of such section, as amended by subsection (c)(1), is fur25 ther amended— 
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1 (1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting 

2 ‘‘Except as provided in paragraph (2), the’’; and 

3 (2) by adding at the end the following new para4 graph: 

5 ‘‘(2) Any Federal funding specified in paragraph (1) 

6 that is provided to an institution of higher education, or 

7 to an individual, to be available solely for student financial 

8 assistance, related administrative costs, or costs associated 

9 with attendance, may be used for the purpose for which the 

10 funding is provided.’’. 

11 (e) CONFORMING AMENDMENTS.—Subsections (a) and 

12 (b) of such section are amended by striking ‘‘(including a 

13 grant of funds to be available for student aid)’’. 

14 (f) CONFORMING REPEAL OF CODIFIED PROVISION.— 

15 Section 8120 of the Department of Defense Appropriations 

16 Act, 2000 (Public Law 106–79; 10 U.S.C. 983 note), is re17 pealed 

18 (g) EFFECTIVE DATE.—The amendments made by this 

19 section shall apply with respect to funds appropriated for 

20 fiscal year 2005 and thereafter. 

21 SEC. 597. REPORTS ON TRANSFORMATION MILESTONES. 

22 (a) MILITARY TO CIVILIAN CONVERSIONS.—Not later 

23 than January 31, 2005, the Secretary of Defense shall sub24 mit to the Committees on Armed Services of the Senate and 

25 House of Representatives a report providing information 
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1 as to the number of positions in the Department of Defense 

2 converted during the previous fiscal year from performance 

3 by military personnel to performance by civilian personnel. 

4 The report shall include— 

5 (1) a description of the skill set of the positions 

6 converted; 

7 (2) specification of the total cost of such conver8 sions and how that cost is being paid for; and 

9 (3) the number of positions in the Department of 

10 Defense projected for such conversion during the pe11 riod from March 1, 2005, to January 31, 2006. 

12 (b) CIVILIAN SKILLS CORPS FEASIBILITY STUDY.—(1) 

13 The Secretary of Defense shall conduct an Armed Forces14 wide study of how a system to embed certain civilian exper15 tise skill sets within the military on a temporary basis 

16 could be implemented. The study shall include consideration 

17 of all skills sets in which, as determined by the Secretary 

18 of Defense, there is a significant shortfall within the Armed 

19 Forces or which are high value, but of uncertain need. The 

20 study shall examine the feasibility of implementing a per21 sonnel system that expands the capability of the Armed 

22 Forces to rapidly access civilian volunteers with needed ex23 pertise outside of the reserve components. 
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1 (2) The Secretary shall submit to the congressional de2 fense committees a report on the results of the study under 

3 paragraph (1) not later than March 31, 2005. 

4 (c) MILITARY-TO-MILITARY CONVERSIONS.—Not later 

5 than March 31 of each of 2005, 2006, and 2007, the Sec6 retary of Defense shall submit to the congressional defense 

7 committees a report on the milestones within the multiyear 

8 transformation for internal military-to-military transi9 tions. Each such report shall include— 

10 (1) the number of units and personnel trans11 ferred and retrained within the previous fiscal year 

12 and what their new unit designations are; and 

13 (2) a description of the transformation goals for 

14 the upcoming fiscal year and whether the previous 

15 years goals were met and why or why not. 

16 (d) TRANSFORMATION TO BRIGADE STRUCTURE FOR

17 THE ARMY.—No later than March 31 of each year, the Sec18 retary of Defense shall submit to the congressional defense 

19 committees a report on the status of the internal trans20 formation of the Army from a division-orientated system 

21 to a brigade-orientated one. Such a report shall be sub22 mitted for each year until the Secretary of the Army cer23 tifies to those committees that the transformation of the 

24 Army to brigade level units has been completed. 
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1 TITLE VI—COMPENSATION AND 

2 OTHER PERSONNEL BENEFITS 

3 Subtitle A—Pay and Allowances 

4 SECTION 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 

5 2005. 

6 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad7 justment to become effective during fiscal year 2005 re8 quired by section 1009 of title 37, United States Code, in 

9 the rates of monthly basic pay authorized members of the 

10 uniformed services shall not be made. 

11 (b) INCREASE IN BASIC PAY.—Effective on January 

12 1, 2005, the rates of monthly basic pay for members of the 

13 uniformed services are increased by 3.5 percent. 

14 SEC. 602. AUTHORITY TO PROVIDE FAMILY SEPARATION 

15 BASIC ALLOWANCE FOR HOUSING. 

16 Section 403(d) of title 37, United States Code, is 

17 amended— 

18 (1) in paragraph (1), by striking ‘‘is entitled to’’ 

19 and inserting ‘‘may be paid’’; and 

20 (2) in paragraph (4), by striking the first sen21 tence and inserting the following new sentence: ‘‘A 

22 family separation basic allowance for housing paid to 

23 a member under this subsection is in addition to any 

24 other allowance or per diem that the member receives 

25 under this title.’’ 
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1 SEC. 603. GEOGRAPHIC BASIS FOR BASIC ALLOWANCE FOR 

2 HOUSING DURING SHORT CHANGES OF STA3 TION FOR PROFESSIONAL MILITARY EDU4 CATION OR TRAINING. 

5 Section 403(d)(3) of title 37, United States Code, is 

6 amended by adding at the end the following new subpara7 graph: 

8 ‘‘(C) If the member is reassigned for a perma9 nent change of station or permanent change of assign10 ment from a duty station in the continental United 

11 States to another duty station in the continental 

12 United States for a period of not more than one year 

13 for the purpose of participating in professional mili14 tary education or training classes, the Secretary con15 cerned may base the amount of the basic allowance 

16 for housing for the member on the duty station to 

17 which the member is reassigned or the area in which 

18 the dependents reside, whichever the Secretary con19 cerned determines to be most equitable.’’. 

20 SEC. 604. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UN21 USUAL NONRECURRING EXPENSES IN22 CURRED BY MEMBERS SERVING OUTSIDE 

23 CONTINENTAL UNITED STATES. 

24 (a) ELIGIBILITY FOR REIMBURSEMENT.—Section 405 

25 of title 37, United States Code, is amended by adding at 

26 the end the following new subsection: 
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1 ‘‘(d) LUMP-SUM REIMBURSEMENT FOR NON2 RECURRING EXPENSES.—In addition to providing a per 

3 diem under this section, the Secretary concerned may reim4 burse a member for actual expenses of a nonrecurring na5 ture that the member incurs incident to serving on duty 

6 outside of the continental United States. The types of ex7 penses for which reimbursement may be provided under this 

8 paragraph shall be limited to those expenses directly related 

9 to the conditions or location of the duty outside of the conti10 nental United States and either of a nature or a magnitude 

11 not normally incurred by members assigned to duty inside 

12 the continental United States. In determining the per diem 

13 to be paid under this section, the Secretary concerned shall 

14 not consider expenses for which reimbursement is provided 

15 under this paragraph.’’. 

16 (b) USE OF DEFINED TERM CONTINENTAL UNITED

17 STATES.—(1) Subsection (a) of such section is amended by 

18 striking ‘‘outside of the United States or in Hawaii or Alas19 ka’’ and inserting ‘‘outside of the continental United 

20 States’’. 

21 (2) The heading of such section is amended to read 

22 as follows: 
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1 ‘‘§ 405. Travel and transportation allowances: per 

2 diem while on duty outside the conti3 nental United States’’. 

4 (3) The table of sections at the beginning of chapter 

5 7 of such title is amended by striking the item relating to 

6 section 405 and inserting the following new item: 

‘‘405. Travel and transportation allowances: per diem while on duty outside the 

continental United States.’’. 

7 SEC. 605. INCOME REPLACEMENT PAYMENTS FOR RE8 SERVES EXPERIENCING EXTENDED AND FRE9 QUENT MOBILIZATION FOR ACTIVE DUTY 

10 SERVICE. 

11 (a) IN GENERAL.—(1) Chapter 19 of title 37, United 

12 States Code, is amended by adding at the end the following 

13 new section: 

14 ‘‘§ 910. Replacement of lost income: involuntarily mo15 bilized reserve component members sub16 ject to extended and frequent active duty 

17 service 

18 ‘‘(a) PAYMENT REQUIRED.—The Secretary concerned 

19 shall pay to an eligible member of a reserve component of 

20 the armed forces an amount equal to the monthly active21 duty income differential of the member, as determined by 

22 the Secretary. The payments shall be made on a monthly 

23 basis. 
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1 ‘‘(b) ELIGIBILITY.—Subject to subsection (c), a reserve 

2 component member is entitled to a payment under this sec3 tion for any full month of active duty of the member, while 

4 on active duty under an involuntary mobilization order, 

5 following the date on which the member— 

6 ‘‘(1) completes 12 continuous months of service 

7 on active duty under such an order; 

8 ‘‘(2) completes 18 months on active duty during 

9 the previous 60 months under such an order; or 

10 ‘‘(3) is involuntarily mobilized for service on ac11 tive duty six months or less following the member’s 

12 separation from the member’s previous period of ac13 tive duty. 

14 ‘‘(c) MINIMUM AND MAXIMUM PAYMENT AMOUNTS.— 

15 (1) A payment under this section shall be made to a member 

16 for a month only if the amount of the monthly active-duty 

17 income differential for the month is greater than $50. 

18 ‘‘(2) Notwithstanding the amount determined under 

19 subsection (d) for a member for a month, the monthly pay20 ment to a member under this section may not exceed $3,000. 

21 ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIFFEREN22 TIAL.—For purposes of this section, the monthly active-duty 

23 income differential of a member is the difference between— 

24 ‘‘(1) the average monthly civilian income of the 

25 member; and 
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1 ‘‘(2) the member’s total monthly military com2 pensation. 

3 ‘‘(e) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘average monthly civilian income’, 

5 with respect to a member of a reserve component, 

6 means the amount, determined by the Secretary con7 cerned, of the earned income of the member for either 

8 the 12 months preceding the member’s mobilization or 

9 the 12 months covered by the member’s most recent 

10 Federal income tax filing, divided by 12. 

11 ‘‘(2) The term ‘total monthly military compensa12 tion’ means the amount, computed on a monthly 

13 basis, of the sum of— 

14 ‘‘(A) the amount of the regular military 

15 compensation (RMC) of the member; and 

16 ‘‘(B) any amount of special pay or incen17 tive pay and any allowance (other than an al18 lowance included in regular military compensa19 tion) that is paid to the member on a monthly 

20 basis.’’. 

21 (2) The table of sections at the beginning of such chap22 ter is amended by adding at the end the following new item: 

‘‘910. Replacement of lost income: involuntarily mobilized reserve component 

members subject to extended and frequent active duty service.’’. 
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1 (b) EFFECTIVE DATE.—Section 910 of title 37, United 

2 States Code, as added by subsection (a), shall apply for 

3 months after December 2004. 

4 SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED 

5 IN COMBAT ZONES TO RECEIVE LIMITED AD6 VANCES ON THEIR FUTURE BASIC PAY. 

7 (a) ADVANCEMENT OF BASIC PAY.—(1) Chapter 3 of 

8 title 37, United States Code, is amended by adding at the 

9 end the following new section: 

10 ‘‘§ 212. Advancement of basic pay: members deployed 

11 in combat zones for more than one year 

12 ‘‘(a) ELIGIBILITY; AMOUNT ADVANCED.—(1) If a 

13 member of the armed forces is assigned to duty in an area 

14 for which special pay under section 310 of this title is avail15 able and the assignment is pursuant to orders specifying 

16 an assignment of one year or more (or the assignment is 

17 otherwise extended beyond one year), the member may re18 quest, during the period of the assignment, the advanced 

19 payment of not more than three months of the basic pay 

20 of the member. 

21 ‘‘(2) A request by a member described in paragraph 

22 (1) for the advanced payment of a single month of basic 

23 pay shall be granted. The Secretary concerned may grant 

24 a request for a second or third month of advanced basic 
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1 pay during the assignment for the member upon a showing 

2 of financial hardship. 

3 ‘‘(b) RECOUPMENT OF ADVANCED PAY.—The Secretary 

4 concerned shall recoup an advance made on the basic pay 

5 of a member under this section in equal installments over 

6 a one-year period beginning as provided in subsection (c). 

7 If the member is serving on active duty for any month dur8 ing the recoupment period, the amount of the installment 

9 for the month shall be deducted from the basic pay of the 

10 member for that month. The estate of a deceased member 

11 shall not be required to repay an advance made to the mem12 ber under this section. 

13 ‘‘(c) COMMENCEMENT OF RECOUPMENT.—(1) Except 

14 as provided in paragraph (2), the recoupment of basic pay 

15 advanced to a member under this section shall commence 

16 beginning with the first month that begins after the end 

17 of the assignment of the member to duty in an area for 

18 which special pay under section 310 of this title is available 

19 ‘‘(2) A member of a reserve component who receives 

20 an advancement of basic pay under this section shall com21 mence repayment of the advance beginning with the first 

22 month that begins after the the advanced pay is received.’’. 

23 (2) The table of sections at the beginning of such chap24 ter is amended by adding at the end the following new item: 

‘‘212. Advancement of basic pay: members deployed in combat zones for more 

than one year.’’. 
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1 (b) EFFECTIVE DATE.—Section 212 of title 37, United 

2 States Code, as added by subsection (a), shall take effect 

3 October 1, 2004. 

4 Subtitle B—Bonuses and Special 

5 and Incentive Pays 

6 SEC. 611. ONE-YEAR EXTENSION OF BONUS AND SPECIAL 

7 PAY AUTHORITIES. 

8 (a) NURSE OFFICER CANDIDATE ACCESSION PRO9 GRAM.—Section 2130a(a)(1) of title 10, United States Code, 

10 is amended by striking ‘‘December 31, 2004’’ and inserting 

11 ‘‘December 31, 2005’’. 

12 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

13 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

14 RESERVE.—Section 16302(d) of such title is amended by 

15 striking ‘‘January 1, 2005’’ and inserting ‘‘January 1, 

16 2006’’. 

17 (c) AVIATION OFFICER RETENTION BONUS.—Section 

18 301b(a) of title 37, United States Code, is amended by strik19 ing ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

20 2005’’. 

21 (d) ACCESSION BONUS FOR REGISTERED NURSES.— 

22 Section 302d(a)(1) of such title is amended by striking ‘‘De23 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

24 (e) INCENTIVE SPECIAL PAY FOR NURSE ANES25 THETISTS.—Section 302e(a)(1) of such title is amended by 
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1 striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

2 2005’’. 

3 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec4 tion 302h(a)(1) of such title is amended by striking ‘‘De5 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

6 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

7 Section 302j(a) of such title is amended by striking ‘‘the 

8 date of the enactment of the Floyd D. Spence National De9 fense Authorization Act for Fiscal Year 2001 and ending 

10 on September 30, 2004’’ and inserting ‘‘October 30, 2000, 

11 and ending on December 31, 2005’’. 

12 (h) REENLISTMENT BONUS FOR ACTIVE AND RESERVE

13 MEMBERS.—Section 308(g) of such title is amended by 

14 striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

15 2005’’. 

16 (i) ENLISTMENT BONUS FOR ACTIVE AND RESERVE

17 MEMBERS.—Section 309(e) of such title is amended by 

18 striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

19 2005’’. 

20 (j) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

21 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e) 

22 of such title is amended by striking ‘‘December 31, 2004’’ 

23 and inserting ‘‘December 31, 2005’’. 
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1 (k) NUCLEAR CAREER ACCESSION BONUS.—Section 

2 312b(c) of such title is amended by striking ‘‘December 31, 

3 2004’’ and inserting ‘‘December 31, 2005’’. 

4 (l) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.— 

5 Section 312c(d) of such title is amended by striking ‘‘De6 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

7 (m) RETENTION BONUS FOR MEMBERS WHO HAVE

8 CRITICAL MILITARY SKILLS OR MEET OTHER CRITERIA.— 

9 Section 323(i) of such title is amended by striking ‘‘Decem10 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

11 (n) ACCESSION OR AFFILIATION BONUS FOR NEW OF12 FICERS IN CRITICAL SKILLS.—Section 324(g) of such title 

13 is amended by striking ‘‘December 31, 2004’’ and inserting 

14 ‘‘December 31, 2005’’. 

15 SEC. 612. REDUCTION IN REQUIRED SERVICE COMMITMENT 

16 TO RECEIVE ACCESSION BONUS FOR REG17 ISTERED NURSES. 

18 (a) REDUCTION.—Section 302d(a)(1) of title 37, 

19 United States Code, is amended by striking ‘‘four years’’ 

20 and inserting ‘‘three years’’. 

21 (b) EFFECTIVE DATE.—The amendment made by sub22 section (a) shall take effect October 1, 2004, and apply with 

23 respect to written agreements referred to in section 

24 302d(a)(1) of title 37, United States Code, entered into on 

25 or after that date. 
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1 SEC. 613. INCREASE IN MAXIMUM MONTHLY RATE AUTHOR2 IZED FOR HARDSHIP DUTY PAY. 

3 (a) INCREASE.—Section 305(a) of title 37, United 

4 States Code, is amended by striking ‘‘$300’’ and inserting 

5 ‘‘$750’’. 

6 (b) EFFECTIVE DATE.—The amendment made by sub7 section (a) shall take effect October 1, 2004. 

8 SEC. 614. TERMINATION OF ASSIGNMENT INCENTIVE PAY 

9 FOR MEMBERS PLACED ON TERMINAL LEAVE. 

10 (a) TERMINATION.—Subsection (e) of section 307a of 

11 title 37, United States Code, is amended to read as follows: 

12 ‘‘(e) STATUS NOT AFFECTED BY TEMPORARY DUTY OR

13 LEAVE.—The service of a member in an assignment referred 

14 to in subsection (a) shall not be considered discontinued 

15 during any period that the member is not performing serv16 ice in the assignment by reason of — 

17 ‘‘(1) the performance by the member of tem18 porary duty pursuant to orders; or 

19 ‘‘(2) the absence of the member for authorized 

20 leave, unless the member is placed on terminal leave 

21 and will not be returning to the assignment.’’. 

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall apply with respect to agreements under 

24 section 307a(b) of title 37, United States Code, entered into 

25 on or after the date of the enactment of this Act. 
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1 SEC. 615. CONSOLIDATION OF REENLISTMENT AND ENLIST2 MENT BONUS AUTHORITIES FOR REGULAR 

3 AND RESERVE COMPONENTS. 

4 (a) CONSOLIDATED REENLISTMENT BONUS AUTHOR5 ITY; ELIGIBILITY CRITERIA.—(1) Paragraph (1) of sub6 section (a) of section 308 of title 37, United States Code, 

7 is amended— 

8 (A) by striking the matter preceding subpara9 graph (A) and inserting ‘‘The Secretary concerned 

10 may pay a bonus under paragraph (2) to a member 

11 of the armed forces serving in a regular component or 

12 reserve component of the armed force if the member— 

13 ’’; 

14 (B) by striking subparagraph (A) and inserting 

15 the following new subparagraph: 

16 ‘‘(A) has completed at least 17 months of service 

17 in a regular or reserve component of the armed forces, 

18 but not more than 18 years of total military service;’’; 

19 and 

20 (C) by striking subparagraph (D) and all that 

21 follows through the period at the end of such para22 graph and inserting the following: 

23 ‘‘(D) reenlists or voluntarily extends the mem24 ber’s enlistment for a period of at least three years in 

25 a regular component or reserve component of the 

26 armed forces.’’. 
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1 (2) Paragraph (3) of such subsection is amended by 

2 striking ‘‘16 years’’ and inserting ‘‘20 years’’. 

3 (3) Paragraph (5) of such subsection is amended to 

4 read as follows: 

5 ‘‘(5) The Secretary of Defense, and the Secretary of 

6 Homeland Security with respect to the Coast Guard when 

7 it is not operating as a service in the Navy, may waive 

8 all or part of the eligibility requirements specified in para9 graph (1) in time of war or national emergency.’’. 

10 (4) Subsection (b) of such section is amended— 

11 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) Notwithstanding the schedule established for mak15 ing partial bonus payments under paragraph (1), a mem16 ber of a reserve component entitled to a bonus under this 

17 section who is called or ordered to active duty shall be paid, 

18 during that period of active duty, any amount of the bonus 

19 that becomes payable to the member during that period of 

20 active duty.’’. 

21 (5) Subsection (g) of such section is amended by strik22 ing ‘‘an active-duty reenlistment’’ and inserting ‘‘a reenlist23 ment’’. 

24 (b) CONSOLIDATED ENLISTMENT BONUS AUTHOR25 ITY.—Section 309(a) of such title is amended— 
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1 (1) by striking the first sentence and inserting 

2 the following: ‘‘(1) The Secretary concerned may pay 

3 a bonus this section to a person who enlists in a reg4 ular component or reserve component of the armed 

5 forces for a period of at least two years.’’; and 

6 (2) by inserting after the first sentence, as so 

7 amended, the following new paragraph: 

8 ‘‘(2) The amount of a bonus under this section may 

9 not exceed $20,000.’’. 

10 (c) REPEAL OF SEPARATE REENLISTMENT AND EN11 LISTMENT BONUS AUTHORITY FOR RESERVE COMPO12 NENTS.—(1) Sections 308b, 308c, 308g, 308h, and 308i of 

13 such title are repealed. 

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

15 5 of such title is amended by striking the items relating 

16 to sections 308b, 308c, 308h, and 308i. 

17 (d) EFFECTIVE DATE.——(1) Except as provided by 

18 paragraphs (2) and (3), the amendments made by this sec19 tion shall take effect October 1, 2004, and the amendments 

20 made by subsections (a) and (b) shall apply to reenlist21 ments, the voluntary extension of enlistments, and enlist22 ments referred to in section 308(a)(1) or 309(a) of title 37, 

23 United States Code, entered into on or after that date. 

24 (2) The amendments made by subsection (c) shall take 

25 effect December 31, 2004, except that the repeal of section 
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1 308g of title 37, United States Code, shall take effect on 

2 the date of the enactment of this Act. 

3 (3) In the case of a member of the Armed Forces who, 

4 on or before December 31, 2004, reenlisted, voluntarily ex5 tended the enlistment of the member, or enlisted in a reserve 

6 component of the Armed Forces, section 308b, 308c, 308h, 

7 or 308i of title 37, United States Code, whichever applies 

8 to the member, and as in effect on December 31, 2004, shall 

9 continue to apply with respect to the payment of a bonus 

10 under such section to the member. 

11 (e) LIMITATION ON FISCAL YEAR 2005 OBLIGA12 TIONS.—During fiscal year 2005, obligations incurred 

13 under sections 308 and 309 of title 37, United States Code, 

14 to provide reenlistment and enlistment bonuses to members 

15 of the uniformed services using the expanded authority pro16 vided by the amendments made by subsections (a) and (b) 

17 may not exceed $20,000,000. The bonus authority available 

18 under such sections shall not be considered to be an ex19 panded authority to the extent that the authority was avail20 able under a provision of law specified in subsection (c), 

21 before the repeal of the provision by such subsection. 

22 SEC. 616. REVISION OF AUTHORITY TO PROVIDE FOREIGN 

23 LANGUAGE PROFICIENCY PAY. 

24 (a) IN GENERAL.—(1) Section 316 of title 37, United 

25 States Code, is amended to read as follows: 
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1 ‘‘§ 316. Special pay: bonus for members with foreign 

2 language proficiency 

3 ‘‘(a) BONUS AUTHORIZED.—The Secretary concerned 

4 may pay an annual bonus under this section to a member 

5 of the uniformed services who— 

6 ‘‘(1) is qualified in a uniformed services spe7 cialty requiring proficiency in a foreign language 

8 identified by the Secretary concerned as a foreign lan9 guage in which it is necessary to have personnel pro10 ficient because of national defense or public health 

11 considerations; 

12 ‘‘(2) received training, under regulations pre13 scribed by the Secretary concerned, designed to de14 velop a proficiency in such a foreign language; 

15 ‘‘(3) is assigned to duties requiring a proficiency 

16 in such a foreign language; or 

17 ‘‘(4) is proficient in a foreign language for which 

18 the uniformed service may have a critical need, as de19 termined by the Secretary concerned. 

20 ‘‘(b) CERTIFICATION OF PROFICIENCY.—Except as 

21 provided in subsection (e), for a member described in sub22 section (a) to be eligible to receive or retain a bonus under 

23 this section, the Secretary concerned shall certify the mem24 ber as being proficient in the foreign language for which 

25 bonus is offered. 
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1 ‘‘(c) DURATION OF CERTIFICATION.—Except as pro2 vided in subsection (e), the certification of a member as 

3 being proficient in a foreign language for purposes of re4 ceipt of a bonus under this section shall expire at the end 

5 of the 12-month period beginning on the first day of the 

6 first month beginning on or after the certification date. 

7 ‘‘(d) BONUS AMOUNT; PAYMENT METHOD.—The max8 imum amount of the bonus paid under this section to a 

9 member may not exceed $12,000 for the 12-month period 

10 covered by the certification of the member. The Secretary 

11 concerned may pay the bonus in a single lump sum at the 

12 beginning of the certification period or in installments. 

13 ‘‘(e) CERTIFICATION INTERRUPTED BY CONTINGENCY

14 OPERATION.—(1) The Secretary concerned may waive the 

15 certification requirement under subsection (b) and pay a 

16 bonus under this section to a member described in sub17 section (a) who was previously certified in a foreign lan18 guage, but whose certification expired under subsection (c), 

19 if— 

20 ‘‘(A) the member is assigned to duty in connec21 tion with a contingency operation; and 

22 ‘‘(B) the Secretary concerned determines that the 

23 member is unable to schedule or complete the certifi24 cation required by subsection (b) because of that as25 signment. 
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1 ‘‘(2) For purposes of determining the amount of a 

2 bonus to be paid to a member under the authority of this 

3 subsection, the Secretary concerned shall treat the date on 

4 which the member was assigned to duty in connection with 

5 the contingency operation as equivalent to a certification 

6 date. In the case of a member whose certification expires 

7 during such duty assignment, the Secretary shall commence 

8 the next 12-month period effective as of the date on which 

9 the prior certification period expired. 

10 ‘‘(3) A member who receives a bonus under the author11 ity of this subsection shall complete the certification re12 quired by subsection (b) for the foreign language for which 

13 the bonus was paid not later than the end of the 180-day 

14 period beginning on the date on which the member is re15 leased from the assignment in connection with the contin16 gency operation. The Secretary concerned may extend that 

17 period for a member in accordance with regulations pre18 scribed under subsection (h). If the member fails to obtain 

19 the required certification before the end of the authorized 

20 period, the Secretary concerned may require the member to 

21 repay all or a portion of the bonus, in the manner provided 

22 in subsection (g). 

23 ‘‘(f) RELATIONSHIP TO OTHER PAY OR ALLOWANCE.— 

24 A bonus under this section is in addition to any other pay 
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1 or allowance payable to a member under any other provi2 sion of law. 

3 ‘‘(g) REPAYMENT OF BONUS.—(1) The Secretary con4 cerned may require a member who receives a bonus under 

5 this section, but who does not satisfy an eligibility require6 ment specified in subsection (a) for the entire certification 

7 period, to repay to the United States an amount which 

8 bears the same ratio to the total amount of the bonus paid 

9 to the member as the unsatisfied portion of the certification 

10 period bears to the entire certification period. 

11 ‘‘(2) An obligation to repay the United States imposed 

12 under paragraph (1) is for all purposes a debt owed to the 

13 United States. A discharge in bankruptcy under title 11 

14 that is entered for the member less than five years after the 

15 expiration of the certification period does not discharge the 

16 member from a debt arising under this paragraph. This 

17 paragraph applies to any case commenced under title 11 

18 after the date of the enactment of this section. 

19 ‘‘(h) REGULATIONS.—This section shall be adminis20 tered under regulations prescribed by the Secretary of De21 fense for the armed forces under the jurisdiction of the Sec22 retary, by the Secretary of Homeland Security for the Coast 

23 Guard when the Coast Guard is not operating as a service 

24 in the Navy, by the Secretary of Health and Human Serv25 ices for the Commissioned Corps of the Public Health Serv-
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1 ice, and by the Secretary of Commerce for the National Oce2 anic and Atmospheric Administration.’’. 

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

4 5 of such title is amended by striking the item relating to 

5 section 316 and inserting the following new item: 

‘‘316. Special pay: bonus for members with foreign language proficiency.’’. 

6 (b) CONFORMING AMENDMENTS.—(1) Section 316a of 

7 title 37, United States Code, is repealed. 

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

9 5 of such title is amended by striking the item relating to 

10 section 316a. 

11 SEC. 617. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

12 FOR CRITICAL SKILLS RETENTION BONUS 

13 AND EXPANSION OF AUTHORITY TO PROVIDE 

14 BONUS. 

15 (a) INCLUSION OF RESERVE COMPONENT MEMBERS.— 

16 Section 323 of title 37, United States Code, is amended— 

17 (1) in subsection (a)— 

18 (A) in the matter preceding paragraph (1), 

19 by striking ‘‘who is serving on active duty and’’ 

20 by inserting ‘‘who is serving on active duty in 

21 a regular component or in an active status in a 

22 reserve component and who’’; and 

23 (B) in paragraph (1), by inserting ‘‘, or re24 main in an active status in a reserve compo25 nent,’’ after ‘‘remain on active duty’’; 
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1 (2) in subsection (e)(2), by inserting ‘‘or service 

2 in a reserve component’’ after ‘‘period of active duty’’; 

3 and 

4 (3) in subsection (g), by striking ‘‘active duty’’ 

5 and inserting ‘‘service’’. 

6 (b) INCLUSION OF MEMBERS SERVING PURSUANT TO

7 INDEFINITE REENLISTMENT.—Subsection (a) of such sec8 tion is further amended— 

9 (1) by striking ‘‘or’’ at the end of paragraph (1); 

10 (2) in paragraph (2)— 

11 (A) by inserting ‘‘other than an enlisted 

12 member referred to in paragraph (3),’’ after ‘‘en13 listed member,’’; and 

14 (B) by striking the period at the end and 

15 inserting ‘‘; or’’; and 

16 (3) by adding at the end the following new para17 graph: 

18 ‘‘(3) in the case of an enlisted member serving 

19 pursuant to an indefinite reenlistment, the member 

20 executes a written agreement to remain on active 

21 duty, or remain in an active status in a reserve com22 ponent, for a period of at least one year.’’. 

23 (c) ADDITIONAL CRITERIA FOR BONUS.—Such section 

24 is further amended— 
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1 (1) in subsection (a), by striking ‘‘designated 

2 critical military skill’’ and inserting ‘‘critical mili3 tary skill designated under subsection (b) or satisfies 

4 such other criteria for the bonus established under 

5 such subsection’’; 

6 (2) in subsection (b)— 

7 (A) by striking ‘‘DESIGNATION OF CRITICAL

8 SKILLS.—’’ and inserting ‘‘BASIS FOR BONUS.— 

9 (1)’’; and 

10 (B) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) The Secretary of Defense, and the Secretary of 

13 Homeland Security with respect to the Coast Guard when 

14 it is not operating as a service in the Navy, may establish 

15 such other criteria as the Secretary considers appropriate 

16 under which a retention bonus will be provided to an officer 

17 or enlisted member of the armed forces under subsection 

18 (a).’’; and 

19 (3) in subsection (h)(1), by striking ‘‘qualified in 

20 the critical military skills for which the bonuses were 

21 offered’’ and inserting ‘‘who were offered the bonuses’’. 

22 (d) REPEAL OF SEPARATE SPECIAL AND INCENTIVE

23 PAY AUTHORITIES FOR RESERVE COMPONENTS.—(1) Sec24 tions 302g, 308d, and 308e of such title are repealed. 
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1 (2) In the case of a member of the Armed Forces who, 

2 on or before December 31, 2004, entered into a written 

3 agreement under section 302g or 308e of title 37, United 

4 States Code, such section 302g or 308e, whichever applies 

5 to the member, and as in effect on December 31, 2004, shall 

6 continue to apply after that date with respect to the pay7 ment of special pay under such section to the member dur8 ing the term of the agreement. 

9 (e) CLERICAL AMENDMENTS.—(1) The heading of sec10 tion 323 of such title is amended to read as follows: 

11 ‘‘§ 323 Special pay: retention incentives for members 

12 qualified in a critical military skill or 

13 who satisfy other eligibility criteria’’. 

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

15 5 of such title is amended— 

16 (A) by striking the items relating to sections 

17 302g, 308d, and 308e; and 

18 (B) by striking the item relating to section 323 

19 and inserting the following new item: 

‘‘323. Special pay: retention incentives for members qualified in a critical military skill or who satisfy other eligibility criteria.’’. 

20 (f) EFFECTIVE DATE.—(1) Except as provided by 

21 paragraph (2), the amendments made by this section shall 

22 take effect October 1, 2004, and the amendments made by 

23 subsections (a), (b), and (c) shall apply to agreements, re24 enlistments, and the voluntary extension of enlistments re-
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1 ferred to in section 323(a) of title 37, United States Code, 

2 entered into on or after that date. 

3 (2) The amendments made by subsections (d)(1) and 

4 (e)(2)(A) shall take effect December 31, 2004. 

5 (g) LIMITATION ON FISCAL YEAR 2005 OBLIGA6 TIONS.—During fiscal year 2005, obligations incurred 

7 under section 323 of title 37, United States Code, to provide 

8 retention bonuses to members of the uniformed services 

9 using the expanded authority provided by the amendments 

10 made by subsections (a), (b), and (c) may not exceed 

11 $10,000,000. The bonus authority available under such sec12 tion shall not be considered to be an expanded authority 

13 to the extent that the authority was available under a provi14 sion of law specified in subsection (d), before the repeal of 

15 the provision by such subsection. 

16 SEC. 618. ELIGIBILITY OF NEW RESERVE COMPONENT OFFI17 CERS FOR ACCESSION OR AFFILIATION 

18 BONUS FOR OFFICERS IN CRITICAL SKILLS. 

19 (a) ELIGIBILITY.—Subsection (a) of section 324 of title 

20 37, United States Code, is amended to read as follows: 

21 ‘‘(a) BONUS AUTHORIZED.—(1) The Secretary con22 cerned may pay a bonus under this section— 

23 ‘‘(A) to a person who executes a written agree24 ment to accept a commission or an appointment as 

25 an officer of armed forces and serve on active duty in 
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1 a designated critical officer skill or serve in a reserve 

2 component of an armed force in a designated critical 

3 officer skill; or 

4 ‘‘(B) to an officer of an armed force, including 

5 a warrant officer, but excluding an officer who has 

6 previously served in the Selected Reserve or an officer 

7 who is entitled to retired pay, who executes a written 

8 agreement to serve in a reserve component of an 

9 armed force in a designated critical officer skill after 

10 being discharged or released from active duty under 

11 honorable conditions, once the officer affiliates with a 

12 unit or position in the reserve component. 

13 ‘‘(2) The written agreement under paragraph (1) be14 tween the Secretary concerned and a person or officer shall 

15 specify the period during which the person or officer will 

16 be required to serve in a designated critical officer skill to 

17 maintain entitlement to the bonus payment.’’. 

18 (b) AMOUNT OF BONUS.—Subsection (c) of such section 

19 is amended to read as follows: 

20 ‘‘(c) AMOUNT OF BONUS.—The Secretary concerned 

21 shall determine the amount of a bonus to be paid under 

22 subsection (a), except that a person may not receive a total 

23 of more than $60,000 in payments under this section’’. 

24 (c) CONFORMING AMENDMENTS.—Such section is fur25 ther amended— 
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1 (1) in subsection (d), by striking ‘‘accession’’ 

2 both places it appears; 

3 (2) in subsection (e)— 

4 (A) in the subsection heading, by striking 

5 ‘‘ACCESSION’’; and 

6 (B) by striking ‘‘an accession bonus’’ and 

7 inserting ‘‘a bonus’’; and 

8 (3) in subsection (f), by striking ‘‘active duty’’ 

9 and ‘‘accession’’ each place it appears. 

10 (d) CLERICAL AMENDMENTS.—(1) The heading of sec11 tion 324 of such title is amended to read as follows: 

12 ‘‘§ 324. Special pay: accession or affiliation bonus for 

13 officers in designated critical skills’’. 

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

15 5 of such title is amended by striking the item relating to 

16 section 324 and inserting the following new item: 

‘‘324. Special pay: accession or affiliation bonus for officers in designated critical 

skills.’’. 

17 (e) EFFECTIVE DATE.—The amendments made by this 

18 section shall take effect October 1, 2004, and apply to agree19 ments referred to in section 324(a) of title 37, United States 

20 Code entered into on or after that date. 

21 (f) LIMITATION ON FISCAL YEAR 2005 OBLIGA22 TIONS.—During fiscal year 2005, obligations incurred 

23 under section 324 of title 37, United States Code, as amend24 ed by subsections (a) and (b), to provide accession and 
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1 affilliation bonuses to members of the Armed Forces not pre2 viously eligible for such a bonus under such section may 

3 not exceed $5,000,000. 

4 SEC. 619. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

5 FOR INCENTIVE BONUS FOR CONVERSION TO 

6 MILITARY OCCUPATIONAL SPECIALTY TO 

7 EASE PERSONNEL SHORTAGE. 

8 (a) ELIGIBILITY.—Section 326 of title 37, United 

9 States Code, is amended— 

10 (1) in subsection (a), by inserting ‘‘of a regular 

11 or reserve component’’ after ‘‘an eligible member’’; 

12 (2) in subsection (b)— 

13 (A) by striking ‘‘if—’’ and all that follows 

14 through ‘‘at the time’’ and inserting ‘‘if, at the 

15 time’’; and 

16 (B) by redesignating subparagraphs (A) 

17 and (B) as paragraphs (1) and (2), respectively; 

18 and 

19 (3) in subsection (c)(2), by inserting ‘‘regular or 

20 reserve component of the’’ after ‘‘chief personnel offi21 cer of the’’. 

22 (b) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect October 1, 2004, and apply to agree24 ments referred to in section 326(a) of title 37, United States 

25 Code, entered into on or after that date. 
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1 (c) LIMITATION ON FISCAL YEAR 2005 OBLIGA2 TIONS.—During fiscal year 2005, obligations incurred 

3 under section 326 of title 37, United States Code, as amend4 ed by subsection (a), to provide incentive bonuses to mem5 bers of a reserve component of the Armed Forces may not 

6 exceed $3,000,000. 

7 SEC. 620. AVAILABILITY OF HAZARDOUS DUTY INCENTIVE 

8 PAY FOR MILITARY FIREFIGHTERS. 

9 (a) ADDITIONAL TYPE OF DUTY ENTITLED TO PAY.— 

10 Subsection (a) of section 301 of title 37, United States Code, 

11 is amended— 

12 (1) by striking ‘‘or’’ at the end of paragraph 

13 (12); 

14 (2) by redesignating paragraph (13) as para15 graph (14); and 

16 (3) by inserting after paragraph (12) the fol17 lowing new paragraph: 

18 ‘‘(13) involving regular participating as a fire19 fighting crew member, as determined by the Secretary 

20 concerned; or’’.’’. 

21 (b) MONTHLY AMOUNT OF PAY.—Subsection (c) of 

22 such section is amended— 

23 (1) in paragraph (1), by striking ‘‘(12)’’ and in24 serting ‘‘(13)’’; and 
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1 (2) in paragraph (2)(A), by striking ‘‘(13)’’ and 

2 inserting ‘‘(14)’’. 

3 (c) EFFECTIVE DATE.—The amendments made by sub4 section (a) and (b) shall take effect October 1, 2004. 

5 Subtitle C—Travel and 

6 Transportation Allowances 

7 SEC. 631. EXPANSION OF TRAVEL AND TRANSPORTATION 

8 ALLOWANCES TO ASSIST SURVIVORS OF A DE9 CEASED MEMBER TO ATTEND BURIAL CERE10 MONY OF THE MEMBER. 

11 (a) AUTHORIZED TRAVEL LOCATIONS.—Subsection (b) 

12 of section 411f of title 37, United States Code, is amended 

13 to read as follows: 

14 ‘‘(b) AUTHORIZED LOCATIONS FOR TRAVEL; DURA15 TION AND RATES.—(1) The allowances under subsection (a) 

16 may be provided for travel and transportation by eligible 

17 relatives of the deceased member to the place selected pursu18 ant to section 1482(a)(8) of title 10 for disposition of the 

19 remains of the deceased member. 

20 ‘‘(2) The allowances may not exceed the rates for two 

21 days and the time necessary for the travel.’’. 

22 (b) ELIGIBLE RELATIVES.—Subsection (c)(1)(C) of 

23 such section is amended by striking ‘‘If no person described 

24 in subparagraph (A) or (B) is provided travel and trans-
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1 portation allowances under subsection (a)(1), the’’ and in2 serting ‘‘The’’. 

3 (c) LIMITATION ON FISCAL YEAR 2005 OBLIGA4 TIONS.—During fiscal year 2005, obligations incurred 

5 under section 411f of title 37, United States Code, as 

6 amended by subsections (a) and (b), to provide travel and 

7 transportation allowances, not previously available under 

8 such section, to survivors of deceased members of the uni9 formed services, and to provide such allowances to persons 

10 not previously eligible for such allowances, may not exceed 

11 $2,000,000. 

12 SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCI13 DENT TO THE SERIOUS ILLNESS OR INJURY 

14 OF MEMBERS OF THE UNIFORMED SERVICES. 

15 (a) REMOVAL OF LIMITATION ON NUMBER OF FAMILY

16 MEMBERS.—Subsection (a)(1) of section 411h of title 37, 

17 United States Code, is amended by striking ‘‘not more than 

18 two family members’’ and inserting ‘‘a family member’’. 

19 (b) FAMILY MEMBERS DESCRIBED.—Subsection (b)(1) 

20 of such section is amended— 

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (C); 

23 (2) by striking the period at the end of subpara24 graph (D) and inserting ‘‘; and’’; and 
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1 (3) by adding at the end the following new sub2 paragraph: 

3 ‘‘(E) other persons approved by the Secretary 

4 concerned.’’. 

5 (c) AVAILABILITY OF PER DIEM.—Such section is fur6 ther amended— 

7 (1) in subsection (a)(1), by inserting ‘‘travel 

8 and’’ before ‘‘transportation’’; and 

9 (2) in subsection (c)— 

10 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’ ; and 

11 (B) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) In addition to the transportation authorized by 

14 subsection (a), the Secretary concerned may provide a per 

15 diem allowance or reimbursement for the actual and nec16 essary expenses of the travel, or a combination thereof, but 

17 not to exceed the rates established under section 404(d) of 

18 this title.’’. 

19 (d) EFFECTIVE DATE.—The amendments made by this 

20 section shall take effect on October 1, 2004, and apply to 

21 transportation described in section 411h of title 37, United 

22 States Code, provided on or after that date. 

23 (e) LIMITATION ON FISCAL YEAR 2005 OBLIGA24 TIONS.—During fiscal year 2005, obligations incurred 

25 under section 411h of title 37, United States Code, as 
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1 amended by subsections (a) and (b), to provide travel and 

2 transportation allowances, not previously available under 

3 such section, to family members of seriously ill or injured 

4 members of the uniformed services, and to provide such al5 lowances to persons not previously eligible for such allow6 ances, may not exceed $3,000,000. 

7 SEC. 633. REIMBURSEMENT OF MEMBERS FOR CERTAIN 

8 LODGING COSTS INCURRED IN CONNECTION 

9 WITH STUDENT DEPENDENT TRAVEL. 

10 Section 430(b) of title 37, United States Code, is 

11 amended— 

12 (1) by redesignating paragraphs (2) and (3) as 

13 paragraphs (3) and (4), respectively; and 

14 (2) by inserting after paragraph (1) the fol15 lowing new paragraph (2): 

16 ‘‘(2) The transportation allowance paid to a member 

17 under paragraph (1) may include reimbursement, at a rate 

18 prescribed by the Secretaries concerned, for lodging costs in19 curred during the annual trip for which the allowance is 

20 paid when, for reasons beyond the control of the dependent 

21 child of the member, the child is required to procure accom22 modations while en route between the child’s school and the 

23 member’s duty station.’’. 
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1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 641. COMPUTATION OF BENEFITS UNDER SURVIVOR 

4 BENEFIT PLAN FOR SURVIVING SPOUSES 

5 OVER AGE 62. 

6 (a) PHASED INCREASE IN BASIC ANNUITY.— 

7 (1) STANDARD ANNUITY.— 

8 (A) INCREASE TO 55 PERCENT.—Clause (i) 

9 of subsection (a)(1)(B) of section 1451 of title 10, 

10 United States Code, is amended by striking ‘‘35 

11 percent of the base amount.’’ and inserting ‘‘the 

12 product of the base amount and the percent ap13 plicable to the month, as follows: 

14 ‘‘(I) For a month before October 2005, 

15 the applicable percent is 35 percent. 

16 ‘‘(II) For months after September 2005 

17 and before April 2006, the applicable per18 cent is 40 percent. 

19 ‘‘(III) For months after March 2006 

20 and before April 2007, the applicable per21 cent is 45 percent. 

22 ‘‘(IV) For months after March 2007 

23 and before April 2008, the applicable per24 cent is 50 percent. 
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1 ‘‘(V) For months after March 2008, the 

2 applicable percent is 55 percent.’’. 

3 (B) COORDINATION WITH SAVINGS PROVI4 SION UNDER PRIOR LAW.—Clause (ii) of such 

5 subsection is amended by striking ‘‘, at the time 

6 the beneficiary becomes entitled to the annuity,’’. 

7 (2) RESERVE-COMPONENT ANNUITY.—Subsection 

8 (a)(2)(B)(i)(I) of such section is amended by striking 

9 ‘‘35 percent’’ and inserting ‘‘the percent specified 

10 under subsection (a)(1)(B)(i) as being applicable for 

11 the month’’. 

12 (3) SURVIVORS OF ELIGIBLE PERSONS DYING ON

13 ACTIVE DUTY, ETC.— 

14 (A) INCREASE TO 55 PERCENT.—Clause (i) 

15 of subsection (c)(1)(B) of such section is amend16 ed— 

17 (i) by striking ‘‘35 percent’’ and in18 serting ‘‘the applicable percent’’; and 

19 (ii) by adding at the end the following: 

20 ‘‘The percent applicable for a month under 

21 the preceding sentence is the percent speci22 fied under subsection (a)(1)(B)(i) as being 

23 applicable for that month.’’. 

24 (B) COORDINATION WITH SAVINGS PROVI25 SION UNDER PRIOR LAW.—Clause (ii) of such 
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1 subsection is amended by striking ‘‘, at the time 

2 the beneficiary becomes entitled to the annuity,’’. 

3 (4) CLERICAL AMENDMENT.—The heading for 

4 subsection (d)(2)(A) of such section is amended to 

5 read as follows: ‘‘COMPUTATION OF ANNUITY.—’’. 

6 (b) CORRESPONDING PHASED ELIMINATION OF SUP7 PLEMENTAL ANNUITY.— 

8 (1) PHASED REDUCTION OF SUPPLEMENTAL AN9 NUITY.—Section 1457(b) of title 10, United States 

10 Code, is amended— 

11 (A) by striking ‘‘5, 10, 15, or 20 percent’’ 

12 and inserting ‘‘the applicable percent’’; and 

13 (B) by inserting after the first sentence the 

14 following: ‘‘The percent used for the computation 

15 shall be an even multiple of 5 percent and, what16 ever the percent specified in the election, may not 

17 exceed 20 percent for months before October 

18 2005, 15 percent for months after September 

19 2005 and before April 2006, 10 percent for 

20 months after March 2006 and before April 2007, 

21 and 5 percent for months after March 2007 and 

22 before April 2008.’’. 

23 (2) REPEAL UPON IMPLEMENTATION OF 55 PER24 CENT SBP ANNUITY.—Effective on April 1, 2008, 

25 chapter 73 of such title is amended— 
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1 (A) by striking subchapter III; and 

2 (B) by striking the item relating to sub3 chapter III in the table of subchapters at the be4 ginning of that chapter. 

5 (c) RECOMPUTATION OF ANNUITIES.— 

6 (1) PERIODIC RECOMPUTATION REQUIRED.—Ef7 fective on the first day of each month specified in 

8 paragraph (2)— 

9 (A) each annuity under section 1450 of title 

10 10, United States Code, that commenced before 

11 that month, is computed under a provision of 

12 section 1451 of that title amended by subsection 

13 (a), and is payable for that month shall be re14 computed so as to be equal to the amount that 

15 would be in effect if the percent applicable for 

16 that month under that provision, as so amended, 

17 had been used for the initial computation of the 

18 annuity; and 

19 (B) each supplemental survivor annuity 

20 under section 1457 of such title that commenced 

21 before that month and is payable for that month 

22 shall be recomputed so as to be equal to the 

23 amount that would be in effect if the percent ap24 plicable for that month under that section, as 

25 amended by this section, had been used for the 
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1 initial computation of the supplemental survivor 

2 annuity. 

3 (2) TIME FOR RECOMPUTATION.—The require4 ment under paragraph (1) for recomputation of cer5 tain annuities applies with respect to the following 

6 months: 

7 (A) October 2005. 

8 (B) April 2006. 

9 (C) April 2007. 

10 (D) April 2008. 

11 (d) RECOMPUTATION OF RETIRED PAY REDUCTIONS

12 FOR SUPPLEMENTAL SURVIVOR ANNUITIES.—The Sec13 retary of Defense shall take such actions as are necessitated 

14 by the amendments made by subsection (b) and the require15 ments of subsection (c)(1)(B) to ensure that the reductions 

16 in retired pay under section 1460 of title 10, United States 

17 Code, are adjusted to achieve the objectives set forth in sub18 section (b) of that section. 

19 SEC. 642. OPEN ENROLLMENT PERIOD FOR SURVIVOR BEN20 EFIT PLAN COMMENCING OCTOBER 1, 2005. 

21 (a) PERSONS NOT CURRENTLY PARTICIPATING IN SUR22 VIVOR BENEFIT PLAN.— 

23 (1) ELECTION OF SBP COVERAGE.—An eligible 

24 retired or former member may elect to participate in 

25 the Survivor Benefit Plan under subchapter II of 
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1 chapter 73 of title 10, United States Code, during the 

2 open enrollment period specified in subsection (f). 

3 (2) ELECTION OF SUPPLEMENTAL ANNUITY COV4 ERAGE.—An eligible retired or former member who 

5 elects under paragraph (1) to participate in the Sur6 vivor Benefit Plan at the maximum level may also 

7 elect during the open enrollment period to participate 

8 in the Supplemental Survivor Benefit Plan estab9 lished under subchapter III of chapter 73 of title 10, 

10 United States Code. 

11 (3) ELIGIBLE RETIRED OR FORMER MEMBER.— 

12 For purposes of paragraphs (1) and (2), an eligible 

13 retired or former member is a member or former 

14 member of the uniformed services who on the day be15 fore the first day of the open enrollment period is not 

16 a participant in the Survivor Benefit Plan and— 

17 (A) is entitled to retired pay; or 

18 (B) would be entitled to retired pay under 

19 chapter 1223 of title 10, United States Code, but 

20 for the fact that such member or former member 

21 is under 60 years of age. 

22 (4) STATUS UNDER SBP OF PERSONS MAKING

23 ELECTIONS.— 

24 (A) STANDARD ANNUITY.—A person making 

25 an election under paragraph (1) by reason of eli-
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1 gibility under paragraph (3)(A) shall be treated 

2 for all purposes as providing a standard annuity 

3 under the Survivor Benefit Plan. 

4 (B) RESERVE-COMPONENT ANNUITY.—A 

5 person making an election under paragraph (1) 

6 by reason of eligibility under paragraph (3)(B) 

7 shall be treated for all purposes as providing a 

8 reserve-component annuity under the Survivor 

9 Benefit Plan. 

10 (b) ELECTION TO INCREASE COVERAGE UNDER

11 SBP.—A person who on the day before the first day of the 

12 open enrollment period is a participant in the Survivor 

13 Benefit Plan but is not participating at the maximum base 

14 amount or is providing coverage under the Plan for a de15 pendent child and not for the person’s spouse or former 

16 spouse may, during the open enrollment period, elect to— 

17 (1) participate in the Plan at a higher base 

18 amount (not in excess of the participant’s retired 

19 pay); or 

20 (2) provide annuity coverage under the Plan for 

21 the person’s spouse or former spouse at a base amount 

22 not less than the base amount provided for the de23 pendent child. 

24 (c) ELECTION FOR CURRENT SBP PARTICIPANTS TO

25 PARTICIPATE IN SUPPLEMENTAL SBP.— 
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1 (1) ELECTION.—A person who is eligible to make 

2 an election under this paragraph may elect during 

3 the open enrollment period to participate in the Sup4 plemental Survivor Benefit Plan established under 

5 subchapter III of chapter 73 of title 10, United States 

6 Code. 

7 (2) PERSONS ELIGIBLE.—Except as provided in 

8 paragraph (3), a person is eligible to make an elec9 tion under paragraph (1) if on the day before the first 

10 day of the open enrollment period the person is a par11 ticipant in the Survivor Benefit Plan at the max12 imum level, or during the open enrollment period the 

13 person increases the level of such participation to the 

14 maximum level under subsection (b) of this section, 

15 and under that Plan is providing annuity coverage 

16 for the person’s spouse or a former spouse. 

17 (3) LIMITATION ON ELIGIBILITY FOR CERTAIN

18 SBP PARTICIPANTS NOT AFFECTED BY TWO-TIER AN19 NUITY COMPUTATION.—A person is not eligible to 

20 make an election under paragraph (1) if (as deter21 mined by the Secretary concerned) the annuity of a 

22 spouse or former spouse beneficiary of that person 

23 under the Survivor Benefit Plan will be computed 

24 under section 1451(e) of title 10, United States Code. 

25 However, such a person may during the open enroll-
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1 ment period waive the right to have that annuity 

2 computed under such section. Any such election is ir3 revocable. A person making such a waiver may make 

4 an election under paragraph (1) as in the case of any 

5 other participant in the Survivor Benefit Plan. 

6 (d) MANNER OF MAKING ELECTIONS.—An election 

7 under this section must be made in writing, signed by the 

8 person making the election, and received by the Secretary 

9 concerned before the end of the open enrollment period. Any 

10 such election shall be made subject to the same conditions, 

11 and with the same opportunities for designation of bene12 ficiaries and specification of base amount, that apply under 

13 the Survivor Benefit Plan or the Supplemental Survivor 

14 Benefit Plan, as the case may be. A person making an elec15 tion under subsection (a) to provide a reserve-component 

16 annuity shall make a designation described in section 

17 1448(e) of title 10, United States Code. 

18 (e) EFFECTIVE DATE FOR ELECTIONS.—Any such elec19 tion shall be effective as of the first day of the first calendar 

20 month following the month in which the election is received 

21 by the Secretary concerned. 

22 (f) OPEN ENROLLMENT PERIOD DEFINED.—The open 

23 enrollment period is the two-year period beginning on Octo24 ber 1, 2005. 
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1 (g) EFFECT OF DEATH OF PERSON MAKING ELECTION

2 WITHIN TWO YEARS OF MAKING ELECTION.—If a person 

3 making an election under this section dies before the end 

4 of the two-year period beginning on the effective date of the 

5 election, the election is void and the amount of any reduc6 tion in retired pay of the person that is attributable to the 

7 election shall be paid in a lump sum to the person who 

8 would have been the deceased person’s beneficiary under the 

9 voided election if the deceased person had died after the end 

10 of such two-year period. 

11 (h) APPLICABILITY OF CERTAIN PROVISIONS OF

12 LAW.—The provisions of sections 1449, 1453, and 1454 of 

13 title 10, United States Code, are applicable to a person 

14 making an election, and to an election, under this section 

15 in the same manner as if the election were made under the 

16 Survivor Benefit Plan or the Supplemental Survivor Ben17 efit Plan, as the case may be. 

18 (i) ADDITIONAL PREMIUM.—The Secretary of Defense 

19 may require that the premium for a person making an elec20 tion under subsection (a)(1) or (b) include, in addition to 

21 the amount required under section 1452(a) of title 10, 

22 United States Code, an amount determined under regula23 tions prescribed by the Secretary of Defense for the purposes 

24 of this subsection. Any such amount shall be stated as a 

25 percentage of the base amount of the person making the elec-
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1 tion and shall reflect the number of years that have elapsed 

2 since the person retired, but may not exceed 4.5 percent of 

3 that person’s base amount. 

4 (j) REPORT CONCERNING OPEN SEASON.—Not later 

5 than July 1, 2005, the Secretary of Defense shall submit 

6 to the Committee on Armed Services of the Senate and the 

7 Committee on Armed Services of the House of Representa8 tives a report on the open season authorized by this section 

9 for the Survivor Benefit Plan. The report shall include the 

10 following: 

11 (1) A description of the Secretary’s plans for im12 plementation of the open season. 

13 (2) The Secretary’s estimates of the costs associ14 ated with the open season, including any anticipated 

15 effect of the open season on the actuarial status of the 

16 Department of Defense Military Retirement Fund. 

17 (3) Any recommendation by the Secretary for 

18 further legislative action. 

19 SEC. 643. SOURCE OF FUNDS FOR SURVIVOR BENEFIT PLAN 

20 ANNUITIES FOR DEPARTMENT OF DEFENSE 

21 BENEFICIARIES OVER AGE 62. 

22 (a) IN GENERAL.—Chapter 74 of title 10, United 

23 States Code, is amended as follows: 

24 (1) Section 1465(b) of such title is amended by 

25 adding at the end the following new paragraph: 
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1 ‘‘(4) At the same time that the Secretary of Defense 

2 makes the determination required by paragraph (1) for any 

3 fiscal year, the Secretary shall determine the amount of the 

4 Treasury contribution to be made to the Fund for the next 

5 fiscal year under section 1466(b)(2)(E) of this title. That 

6 amount shall be determined in the same manner as the de7 termination under paragraph (1) of the total amount of De8 partment of Defense contributions to be made to the Fund 

9 during that fiscal year under section 1466(a) of this title, 

10 except that for purposes of this paragraph the Secretary, 

11 in making the calculations required by subparagraphs (A) 

12 and (B) of that paragraph, shall use the single level percent13 ages determined under subsection (c)(5), rather than those 

14 determined under subsection (c)(1).’’. 

15 (4) Section 1465(c) of such title is amended— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (A), by inserting 

18 before the semicolon at the end the fol19 lowing: ‘‘and as if benefits under subchpater 

20 II of chapter 73 of this title for beneficiaries 

21 62 years of age and older were computed for 

22 any fiscal year on the basis of the percent23 age of 35 percent, rather than any percent24 age otherwise applicable for that computa25 tion for that fiscal year’’; and 
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1 (ii) in subparagraph (B), by inserting 

2 before the period at the end the following: 

3 ‘‘and as if benefits under subchapter II of 

4 chapter 73 of this title for beneficiaries 62 

5 years of age and older were computed for 

6 any fiscal year on the basis of the percent7 age of 35 percent, rather than any percent8 age otherwise applicable for that computa9 tion for that fiscal year’’; 

10 (B) by redesignating paragraph (5) as 

11 paragraph (6); and 

12 (C) by inserting after paragraph (4) the fol13 lowing new paragraph (5): 

14 ‘‘(5) Whenever the Secretary carries out an actuarial 

15 valuation under paragraph (1), the Secretary shall include 

16 as part of such valuation the following: 

17 ‘‘(A) A determination of a single level percentage 

18 determined in the same manner as applies under sub19 paragraph (A) of paragraph (1), but determined as if 

20 benefits under subchapter II of chapter 73 of this title 

21 for beneficiaries 62 years of age and older were com22 puted for any fiscal year on the basis of the percent23 age of 35 percent, rather than any percentage other24 wise applicable for that computation for that fiscal 

25 year. 
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1 ‘‘(B) A determination of a single level percentage 

2 determined in the same manner as applies under sub3 paragraph (B) of paragraph (1), but determined as 

4 if benefits under subchapter II of chapter 73 of this 

5 title for beneficiaries 62 years of age and older were 

6 computed for any fiscal year on the basis of the per7 centage of 35 percent, rather than any percentage oth8 erwise applicable for that computation for that fiscal 

9 year. 

10 Such single level percentages shall be used for the purposes 

11 of subsection (b)(4).’’. 

12 (5) Section 1466(b) of such title is amended— 

13 (A) in paragraph (1), by inserting 

14 ‘‘1465(b)(4),’’ after ‘‘1465(b)(3),’’; and 

15 (B) by adding at the end of paragraph (2) 

16 the following new subparagraph: 

17 ‘‘(E) The amount for that year determined by 

18 the Secretary of Defense under section 1465(b)(4) of 

19 this title for the cost to the Fund arising from in20 creased amounts payable from the Fund by reason of 

21 benefits under subchapter II of chapter 73 of this title 

22 for beneficiaries 62 years of age and older being com23 puted for any fiscal year on the basis of the percent24 age greater than 35 percent.’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall take effect as of October 1, 2004. If this 

3 Act is enacted after that date, the Secretary of Defense shall 

4 provide for such administrative adjustments as necessary 

5 to provide for payments made for any period during fiscal 

6 year 2005 before the date of the enactment of this Act to 

7 be treated as having been made in accordance with such 

8 amendments and for the provisions of those amendments to 

9 be implemented as if enacted as of September 30, 2004. 

10 Subtitle E—Commissary and Non11 appropriated Fund Instrumen12 tality Benefits 

13 SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEG14 ISLATIVE PROVISIONS REGARDING DEFENSE 

15 COMMISSARY SYSTEM AND EXCHANGES AND 

16 OTHER MORALE, WELFARE, AND RECREATION 

17 ACTIVITIES. 

18 (a) PROVISIONS RELATED TO COMMISSARY STORES.— 

19 Chapter 147 of title 10, United States Code, is amended— 

20 (1) by striking the table of sections at the begin21 ning of the chapter and sections 2481, 2483, 2485, 

22 and 2487; 

23 (2) by redesignating sections 2482, 2484, and 

24 2486 as sections 2485, 2483 and 2484, respectively; 
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1 (3) by inserting after the chapter heading the fol2 lowing: 

‘‘Subchapter Sec. 

‘‘I. Defense Commissary System ..................................................................... 2481 

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

‘‘III. Morale, Welfare, and Recreation Programs and Nonappropriated 

Fund Instrumentalities ..................................................... 2491 

3 ‘‘SUBCHAPTER I—DEFENSE COMMISSARY 

4 SYSTEM 

‘‘Sec. 

‘‘2481. Existence and purpose of defense commissary system. 

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

‘‘2483. Commissary stores: use of appropriated funds to cover operating expenses. 

‘‘2484. Commissary stores: merchandise that may be sold; uniform surcharges and 

pricing. 

‘‘2485. Commissary stores: operation. 

5 ‘‘§ 2481. Existence and purpose of defense commissary 

6 system 

7 ‘‘(a) EXISTENCE OF SYSTEM.—The Secretary of the 

8 Defense shall operate, using funds appropriated to the De9 partment of Defense, a world-wide system of commissary 

10 stores that sell, at reduced prices, food and other merchan11 dise consistent with societal norms for product selection in 

12 commercial large-scale grocery stores in the United States 

13 to members of the uniformed services on active duty, mem14 bers of the uniformed services entitled to retired pay, de15 pendents of such members, and patrons authorized to use 

16 the system under chapter 54 of this title. 

17 ‘‘(b) PURPOSE OF SYSTEM.—The purpose of the de18 fense commissary system is to enhance the quality of life 

19 of members of the uniformed services, retired members, de-
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1 pendents of such members, and other authorized patrons 

2 and to provide such members with an additional nonmone3 tary compensation in recognition of their service to the 

4 United States. 

5 ‘‘(c) REDUCES PRICES DEFINED.—In this section, the 

6 term ‘reduced prices’ means prices for food and other mer7 chandise determined using the price setting process specified 

8 in section 2484 of this title. 

9 ‘‘§ 2482. Commissary stores: criteria for establishment 

10 or closure; store size 

11 ‘‘(a) PRIMARY CONSIDERATION FOR ESTABLISH12 MENT.—The needs of members of the uniformed services on 

13 active duty and their dependents shall be the primary con14 sideration whenever the Secretary of Defense— 

15 ‘‘(1) assesses the need to establish a commissary 

16 store; and 

17 ‘‘(2) selects the actual location for the store. 

18 ‘‘(b) STORE SIZE.—In determining the size of a com19 missary store, the Secretary of Defense shall take into con20 sideration the number of all authorized patrons of the de21 fense commissary system who are likely to use the store. 

22 ‘‘(c) CLOSURE CONSIDERATIONS.—(1) Whenever as23 sessing whether to close a commissary store, the effect of the 

24 closure on the quality of life of members of the uniformed 

25 services and their dependents using the store and on the 
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1 welfare and security of the military community in which 

2 the commissary is located shall be the primary consider3 ation. In all cases, the quality of life for military patrons 

4 shall take priority over any consideration of economic cri5 teria relative to store financial performance. 

6 ‘‘(2) The Secretary of Defense shall give the quality 

7 of life for members of a reserve component the same priority 

8 as the quality of life for active duty members whenever as9 sessing whether to close a commissary store, including when 

10 the assessment is undertaken as a result of the closure or 

11 realignment of a military installation under a base closure 

12 law. 

13 ‘‘(d) CONGRESSIONAL NOTIFICATION.—The closure of 

14 a commissary store shall not take effect until the end of 

15 the 90-day period beginning on the date on which the Sec16 retary of Defense submits to Congress written notice of the 

17 reasons supporting the closure. The written notice shall in18 clude an assessment of the impact closure will have on the 

19 quality of life for military patrons and the welfare and se20 curity of the military community in which the commissary 

21 is located.’’; 

22 (4) by inserting sections 2483 and 2484, as re23 designated by paragraph (2), after section 2482, as 

24 added by paragraph (3); 
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1 (5) in section 2484, as redesignated by para2 graph (2)— 

3 (A) by striking subsections (a), (b), (c), and 

4 (g); 

5 (B) by redesignating subsections (d), (e), 

6 and (f) as subsections (f), (g), and (h), respec7 tively; 

8 (C) by inserting before subsection (f), as so 

9 redesignated, the following new subsections: 

10 ‘‘(a) IN GENERAL.—As provided in section 2481(a) of 

11 this title, commissary stores are intended to be similar to 

12 commercial grocery stores and may sell merchandise simi13 lar to that sold in commercial grocery stores. The Secretary 

14 of Defense shall ensure that the design and format of com15 missary stores are consistent with modern grocery store 

16 stockage and format. 

17 ‘‘(b) REQUIRED COMMISSARY MERCHANDISE CAT18 EGORIES.—Merchandise sold in, at, or by commissary 

19 stores shall include items in the following categories: 

20 ‘‘(1) Meat, poultry, and seafood. 

21 ‘‘(2) Nonalcoholic beverages. 

22 ‘‘(3) Produce. 

23 ‘‘(4) Grocery food, whether stored chilled, frozen, 

24 or at room temperature. 

25 ‘‘(5) Dairy products. 
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1 ‘‘(6) Bakery and delicatessen items. 

2 ‘‘(7) Nonfood grocery items. 

3 ‘‘(8) Health and beauty aids. 

4 ‘‘(9) Magazines and periodicals. 

5 ‘‘(10) Telephone cards, greeting cards, and film 

6 and one-time use cameras. 

7 ‘‘(c) INCLUSION OF GENERAL MERCHANDISE ITEMS.— 

8 (1) Among the various defense retail systems— 

9 ‘‘(A) commissary stores shall be the primary De10 partment of Defense-operated store for the sale of 

11 items described in paragraphs (1) through (7) of sub12 section (b); and 

13 ‘‘(B) exchange stores shall continue to maintain 

14 the exclusive right to operate convenience stores, 

15 shopettes, and troop stores, including such stores es16 tablished to support contingency operations. 

17 ‘‘(2) Merchandise sold in commissary stores may in18 clude such general merchandise items as the Secretary of 

19 Defense may prescribe, except that the Secretary may not 

20 exclude seasonal items, tobacco products, pet supplies, bat21 teries, potted plants and floral bouquets, women’s hosiery, 

22 and school supplies, to the extent such products have been 

23 available in commissary stores before June 1, 2004, unless 

24 the Secretary determines that space or other considerations 

25 preclude the sale of all or some of the specified items. The 
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1 Secretary shall provide notice to Congress of any reduction 

2 in the availability of such items at least 30 days before the 

3 reduction takes effect. 

4 ‘‘(3) A military exchange may be considered as the 

5 vendor for the purchase of tobacco products, greeting cards, 

6 and film and one-time use cameras and shall serve as the 

7 vendor for telephone cards. Subsections (e) and (f) shall not 

8 apply to the pricing of such an item when a military ex9 change serves as the vendor of the item. Commissary store 

10 and exchange prices shall be comparable for such an item. 

11 ‘‘(4) During the two-year period ending March 31, 

12 2007, the Secretary shall maintain sales data for com13 missary stores and exchange stores regarding the items 

14 identified in subsection (b)(10). Not later than August 1, 

15 2007, the Secretary shall submit to Congress a report con16 taining such sales data. 

17 ‘‘(d) EXCLUDED GOODS OR SERVICES.—Commissary 

18 stores shall not offer film development services. 

19 ‘‘(e) UNIFORM SALES PRICE SURCHARGE.—The Sec20 retary of Defense shall apply a uniform surcharge equal to 

21 not more than five percent on the sales prices established 

22 under subsection (f) for each item of merchandise sold in, 

23 at, or by commissary stores.’’; 
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1 (D) in subsection (f), as so redesignated, by 

2 striking ‘‘(consistent with this section and sec3 tion 2685 of this title)’’ in paragraph (1); 

4 (E) in subsection (h), as so redesignated, by 

5 striking ‘‘Subsections (c) and (d)’’ and inserting 

6 ‘‘Subsections (e) and (f)’’; and 

7 (F) by adding at the end the following new 

8 subsection: 

9 ‘‘(i) USE OF SURCHARGE FOR CONSTRUCTION, RE10 PAIR, IMPROVEMENT, AND MAINTENANCE.—(1)(A) The Sec11 retary of Defense may use the proceeds from the surcharges 

12 imposed under subsection (e) only— 

13 ‘‘(i) to acquire (including acquisition by lease), 

14 construct, convert, expand, improve, repair, main15 tain, and equip the physical infrastructure of com16 missary stores and central product processing facili17 ties of the defense commissary system; and 

18 ‘‘(ii) to cover environmental evaluation and con19 struction costs related to activities described in clause 

20 (i), including costs for surveys, administration, over21 head, planning, and design. 

22 ‘‘(B) In subparagraph (A), the term ‘physical infra23 structure’ includes real property, utilities, and equipment 

24 (installed and free standing and including computer equip-
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1 ment), necessary to provide a complete and usable com2 missary store or central product processing facility. 

3 ‘‘(2)(A) The Secretary of Defense may authorize a non4 appropriated fund instrumentality of the United States to 

5 enter into a contract for construction of a shopping mall 

6 or similar facility for a commissary store and one or more 

7 nonappropriated fund instrumentality activities. The Sec8 retary may use the proceeds of surcharges under subsection 

9 (e) to reimburse the nonappropriated fund instrumentality 

10 for the portion of the cost of the contract that is attributable 

11 to construction of the commissary store or to pay the con12 tractor directly for that portion of such cost. 

13 ‘‘(B) In subparagraph (A), the term ‘construction’, 

14 with respect to a facility, includes acquisition, conversion, 

15 expansion, installation, or other improvement of the facil16 ity. 

17 ‘‘(3) The Secretary of Defense, with the approval of 

18 the Director of the Office of Management and Budget, may 

19 obligate anticipated proceeds from the surcharges under 

20 subsection (e) for any use specified in paragraph (1) or (2), 

21 without regard to fiscal year limitations, if the Secretary 

22 determines that such obligation is necessary to carry out 

23 any use of such adjustments or surcharges specified in such 

24 paragraph. 
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1 ‘‘(4) Revenues received by the Secretary of Defense 

2 from the following sources or activities of commissary store 

3 facilities shall be available for the purposes set forth in 

4 paragraphs (1), (2), and (3): 

5 ‘‘(A) Sale of recyclable materials. 

6 ‘‘(B) Sale of excess and surplus property. 

7 ‘‘(C) License fees. 

8 ‘‘(D) Royalties. 

9 ‘‘(E) Fees paid by sources of products in order 

10 to obtain favorable display of the products for resale, 

11 known as business related management fees.’’; 

12 (6) by inserting section 2485, as redesignated by 

13 paragraph (2), after section 2484, as amended by 

14 paragraph (5); and 

15 (7) in section 2485, as redesignated by para16 graph (2)— 

17 (A) in subsection (a)(2), by adding at the 

18 end the following new sentence: ‘‘Until December 

19 31, 2009, the Defense Commissary Agency is not 

20 required to conduct any cost-comparison study 

21 under the policies and procedures of Office of 

22 Management and Budget Circular A–76 relating 

23 to the possible contracting out of commissary 

24 store functions.’’; 
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1 (B) in subsection (b)(2), by striking ‘‘sec2 tion 2484’’ and inserting ‘‘section 2483’’; 

3 (C) in subsection (c)(2), by adding at the 

4 end the following new sentences: ‘‘The chairman 

5 of the governing board shall be a commissioned 

6 officer or member of the senior executive service 

7 who has demonstrated experience or knowledge 

8 relevant to the management of the defense com9 missary system. In selecting other members of the 

10 governing board, the Secretary shall give pri11 ority to persons with experience related to logis12 tics, military personnel, military entitlements or 

13 other experiences of value of management of com14 missaries.’’; and 

15 (D) by adding at the end the following new 

16 subsections: 

17 ‘‘(d) ASSIGNMENT OF ACTIVE DUTY MEMBERS.—(1) 

18 Except as provided in paragraph (2), members of the armed 

19 forces on active duty may not be assigned to the operation 

20 of a commissary store. 

21 ‘‘(2)(A) The Secretary of Defense may assign an officer 

22 on the active-duty list to serve as the Director of the Defense 

23 Commissary Agency. 

24 ‘‘(B) Not more than 18 members (in addition to the 

25 officer referred to in subparagraph (A)) of the armed forces 
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1 on active duty may be assigned to the Defense Commissary 

2 Agency. Members who may be assigned under this subpara3 graph to regional headquarters of the agency shall be lim4 ited to enlisted members assigned to duty as advisers in 

5 the regional headquarters responsible for overseas com6 missaries and to veterinary specialists. 

7 ‘‘(e) REIMBURSEMENT FOR USE OF COMMISSARY FA8 CILITIES BY MILITARY DEPARTMENTS.—(1) The Secretary 

9 of a military department shall pay the Defense Commissary 

10 Agency the amount determined under paragraph (2) for 

11 any use of a commissary facility by the military depart12 ment for a purpose other than commissary sales or oper13 ations in support of commissary sales. 

14 ‘‘(2) The amount payable under paragraph (1) for use 

15 of a commissary facility by a military department shall 

16 be equal to the share of depreciation of the facility that is 

17 attributable to that use, as determined under regulations 

18 prescribed by the Secretary of Defense. 

19 ‘‘(3) The Director of the Defense Commissary Agency 

20 shall credit amounts paid under paragraph (1) for use of 

21 a facility to an appropriate account to which proceeds of 

22 a surcharge applied under section 2484(e) of this title are 

23 credited. 

24 ‘‘(4) This subsection applies with respect to a com25 missary facility that is acquired, constructed, converted, ex-
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1 panded, installed, or otherwise improved (in whole or in 

2 part) with the proceeds of a surcharge applied under section 

3 2484(e) of this title. 

4 ‘‘(f) DONATION OF UNUSABLE FOOD.—(1) The Sec5 retary of Defense may donate food described in paragraph 

6 (2) to any of the following entities: 

7 ‘‘(A) A charitable nonprofit food bank that is 

8 designated by the Secretary of Defense or the Sec9 retary of Health and Human Services as authorized 

10 to receive such donations. 

11 ‘‘(B) A State or local agency that is designated 

12 by the Secretary of Defense or the Secretary of Health 

13 and Human Services as authorized to receive such do14 nations. 

15 ‘‘(C) A chapter or other local unit of a recog16 nized national veterans organization that provides 

17 services to persons without adequate shelter and is 

18 designated by the Secretary of Veterans Affairs as au19 thorized to receive such donations. 

20 ‘‘(D) A not-for-profit organization that provides 

21 care for homeless veterans and is designated by the 

22 Secretary of Veterans Affairs as authorized to receive 

23 such donations. 

24 ‘‘(2) Food that may be donated under this subsection 

25 is commissary store food, mess food, meals ready-to-eat 
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1 (MREs), rations known as humanitarian daily rations 

2 (HDRs), and other food available to the Secretary of De3 fense that— 

4 ‘‘(A) is certified as edible by appropriate food in5 spection technicians; 

6 ‘‘(B) would otherwise be destroyed as unusable; 

7 and 

8 ‘‘(C) in the case of commissary store food, is un9 marketable and unsaleable. 

10 ‘‘(3) In the case of commissary store food, a donation 

11 under this subsection shall take place at the site of the com12 missary store that is donating the food. 

13 ‘‘(4) This subsection does not authorize any service (in14 cluding transportation) to be provided in connection with 

15 a donation under this subsection. 

16 ‘‘(g) COLLECTION OF DISHONORED CHECKS.—(1) The 

17 Secretary of Defense may impose a charge for the collection 

18 of a check accepted at a commissary store that is not hon19 ored by the financial institution on which the check is 

20 drawn. The imposition and amounts of charges shall be con21 sistent with practices of commercial grocery stores regard22 ing dishonored checks. 

23 ‘‘(2)(A) The following persons are liable to the United 

24 States for the amount of a check referred to in paragraph 
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1 (1) that is returned unpaid to the United States, together 

2 with any charge imposed under that paragraph: 

3 ‘‘(i) The person who presented the check. 

4 ‘‘(ii) Any person whose status and relationship 

5 to the person who presented the check provide the 

6 basis for that person’s eligibility to make purchases at 

7 a commissary store. 

8 ‘‘(B) Any amount for which a person is liable under 

9 subparagraph (A) may be collected by deducting and with10 holding such amount from any amounts payable to that 

11 person by the United States. 

12 ‘‘(3) Amounts collected as charges imposed under para13 graph (1) shall be credited to the commissary trust revolv14 ing fund. 

15 ‘‘(4) Appropriated funds may be used to pay any costs 

16 incurred in the collection of checks and charges referred to 

17 in paragraph (1). An appropriation account charged a cost 

18 under the preceding sentence shall be reimbursed the 

19 amount of that cost out of funds in the commissary trust 

20 revolving fund. 

21 ‘‘(5) In this subsection, the term ‘commissary trust re22 volving fund’ means the trust revolving fund maintained 

23 by the Department of Defense for surcharge collections and 

24 proceeds of sales of commissary stores. 
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1 ‘‘(h) RELEASE OF CERTAIN COMMERCIALLY VALUABLE

2 INFORMATION TO PUBLIC.—(1) The Secretary of Defense 

3 may limit the release to the public of any information de4 scribed in paragraph (2) if the Secretary determines that 

5 it is in the best interest of the Department of Defense to 

6 limit the release of such information. If the Secretary deter7 mines to limit the release of any such information, the Sec8 retary may provide for limited release of such information 

9 in accordance with paragraph (3). 

10 ‘‘(2) Paragraph (1) applies to the following: 

11 ‘‘(A) Information contained in the computerized 

12 business systems of commissary stores or the Defense 

13 Commissary Agency that is collected through or in 

14 connection with the use of electronic scanners in com15 missary stores, including the following information: 

16 ‘‘(i) Data relating to sales of goods or serv17 ices. 

18 ‘‘(ii) Demographic information on cus19 tomers. 

20 ‘‘(iii) Any other information pertaining to 

21 commissary transactions and operations. 

22 ‘‘(B) Business programs, systems, and applica23 tions (including software) relating to commissary op24 erations that were developed with funding derived 

25 from commissary surcharges. 
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1 ‘‘(3)(A) The Secretary of Defense may, using competi2 tive procedures, enter into a contract to sell information 

3 described in paragraph (2). 

4 ‘‘(B) The Secretary of Defense may release, without 

5 charge, information on an item sold in commissary stores 

6 to the manufacturer or producer of that item or an agent 

7 of the manufacturer or producer. 

8 ‘‘(C) The Secretary of Defense may, by contract entered 

9 into with a business, grant to the business a license to use 

10 business programs referred to in paragraph (2)(B), includ11 ing software used in or comprising any such program. The 

12 fee charged for the license shall be based on the costs of simi13 lar programs developed and marketed by businesses in the 

14 private sector, determined by means of surveys. 

15 ‘‘(D) Each contract entered into under this paragraph 

16 shall specify the amount to be paid for information released 

17 or a license granted under the contract, as the case may 

18 be. 

19 ‘‘(4) Information described in paragraph (2) may not 

20 be released, under paragraph (3) or otherwise, in a form 

21 that identifies any customer or that provides information 

22 making it possible to identify any customer. 

23 ‘‘(5) Amounts received by the Secretary under this sec24 tion shall be credited to funds derived from commissary sur25 charges applied under section 2484(e) of this title, shall be 
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1 merged with those funds, and shall be available for the same 

2 purposes as the funds with which merged.’’. 

3 (b) RELATION BETWEEN DEFENSE COMMISSARY AND

4 EXCHANGE SYSTEMS.—Chapter 147 of title 10, United 

5 States Code, is further amended— 

6 (1) by inserting after section 2485, as amended 

7 by subsection (a)(7), the following: 

8 ‘‘SUBCHAPTER II—RELATIONSHIP, CONTINU9 ATION, AND COMMON POLICIES OF DEFENSE 

10 COMMISSARY AND EXCHANGE SYSTEMS 

‘‘Sec. 

‘‘2487. Existence and purpose of defense commissary system. 

‘‘2488. Combined exchange and commissary stores. 

‘‘2489. Overseas commissary and exchange stores: access and purchase restrictions. 

11 ‘‘§ 2487. Relationship between defense commissary sys12 tem and exchange stores system 

13 ‘‘(a) SEPARATE SYSTEMS.—(1) Except as provided in 

14 paragraph (2), the defense commissary system and the ex15 change stores system shall be operated as separate systems 

16 of the Department of Defense. 

17 ‘‘(2) Paragraph (1) does not apply to the following: 

18 ‘‘(A) Combined exchange and commissary stores 

19 operated under the authority provided by section 

20 2489 of this title. 

21 ‘‘(B) NEXMART stores of the Navy Exchange 

22 Service Command established before October 1, 2003. 
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1 ‘‘(b) CONSOLIDATION OR OTHER ORGANIZATIONAL

2 CHANGES OF DEFENSE RETAIL SYSTEMS.—(1) The oper3 ation and administration of the defense retail systems may 

4 not be consolidated or otherwise merged unless the consoli5 dation or merger is specifically authorized by an Act of 

6 Congress. 

7 ‘‘(2) In this subsection, the term ‘defense retail systems’ 

8 means the defense commissary system and exchange stores 

9 system and other revenue-generating facilities operated by 

10 nonappropriated fund instrumentalities of the Department 

11 of Defense for the morale, welfare, and recreation of mem12 bers of the armed forces’’; 

13 (2) by redesignating sections 2488, 2489, 2489a 

14 as sections 2495, 2495a, and 2495b, respectively; and 

15 (3) by redesignating sections 2490a and 2492 as 

16 sections 2488 and 2489, respectively, and inserting 

17 such sections after section 2487, as added by para18 graph (1). 

19 (c) MWR PROGRAMS AND NONAPPROPRIATED FUND

20 INSTRUMENTALITIES.—Chapter 147 of title 10, United 

21 States Code, is further amended— 

22 (1) by inserting after section 2489, as redesig23 nated and moved by subsection (b)(3), the following: 
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1 ‘‘SUBCHAPTER III—MORALE, WELFARE, AND 

2 RECREATION PROGRAMS AND NON3 APPROPRIATED FUND INSTRUMENTALITIES 

‘‘Sec. 

‘‘2491. Uniform funding and management of morale, welfare, and recreation programs. 

‘‘2491a. Department of Defense golf courses: limitation on use of appropriated 

funds. 

‘‘2491b. Use of appropriated funds for operation of Armed Forces Recreation Center, Europe: limitation. 

‘‘2491c. Retention of morale, welfare, and recreation funds by military installations: limitation. 

‘‘2492. Nonappropriated fund instrumentalities: contracts with other agencies and 

instrumentalities to provide and obtain goods and services. 

‘‘2493. Fisher Houses: administration as nonappropriated fund instrumentality. 

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

‘‘2495. Nonappropriated fund instrumentalities: purchase of alcoholic beverages. 

‘‘2495a. Overseas package stores: treatment of United States wines. 

‘‘2495b. Sale or rental of sexually explicit material prohibited.’’; 

4 (2) by redesignating section 2494 as section 2491 

5 and inserting such section after the table of sections 

6 at the beginning of subchapter III, as added by para7 graph (1); 

8 (3) by redesignating section 2482a as section 

9 2492 and inserting such section before section 2493; 

10 (4) by inserting after section 2493 the following 

11 new section: 

12 ‘‘§ 2494. Nonappropriated fund instrumentalities: fur13 nishing utility services for morale, wel14 fare, and recreation purposes 

15 ‘‘Appropriations for the Department of Defense may 

16 be used to provide utility services for— 
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1 ‘‘(1) buildings on military installations author2 ized by regulation to be used for morale, welfare, and 

3 recreation purposes; and 

4 ‘‘(2) other morale, welfare, and recreation activi5 ties for members of the armed forces.’’; and 

6 (5) by inserting sections 2495, 2495a, and 

7 2495b, as redesignated by subsection (b)(2), after sec8 tion 2494, as added by paragraph (4). 

9 (d) INCLUSION OF OTHER TITLE 10 PROVISIONS.— 

10 Sections 2246, 2247, and 2219 of title 10, United States 

11 Code, are— 

12 (1) transferred to chapter 147 of such title; 

13 (2) inserted after section 2491, as redesignated 

14 and moved by subsection (c)(2); and 

15 (3) redesignated as sections 2491a, 2491b, and 

16 2491c, respectively. 

17 (e) CONFORMING AMENDMENTS.—(1) Section 977 of 

18 title 10, United States Code, is repealed. 

19 (2) Section 2868 of such title is amended by striking 

20 ‘‘for—’’ and all that follows through the period at the end 

21 and inserting ‘‘for buildings constructed at private cost, as 

22 authorized by law.’’. 

23 (3) Section 367 of the Strom Thurmond National De24 fense Authorization Act for Fiscal Year 1999 (Public Law 

25 105–261; 112 Stat. 1987; 10 U.S.C. 2482 note) is repealed. 
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1 (f) CLERICAL AMENDMENTS.—(1) The table of sections 

2 at the beginning of chapter 49 of title 10, United States 

3 Code, is amended by striking the item relating to section 

4 977. 

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

6 132 of such title is amended by striking the item relating 

7 to section 2219. 

8 (3) The table of sections at the beginning of subchapter 

9 I of chapter 134 of such title is amended by striking the 

10 items relating to sections 2246 and 2247. 

11 SEC. 652. CONSISTENT STATE TREATMENT OF DEPART12 MENT OF DEFENSE NONAPPROPRIATED 

13 FUND HEALTH BENEFITS PROGRAM. 

14 Section 349 of the National Defense Authorization Act 

15 for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2727) 

16 is amended by adding at the end the following new sub17 section: 

18 ‘‘(c) TREATMENT OF PROGRAM AS FEDERAL HEALTH

19 BENEFIT PROGRAM.—(1) No State tax, fee, other monetary 

20 payment, or State health plan requirement, may be im21 posed, directly or indirectly, on the Nonappropriated Fund 

22 Uniform Health Benefits Program of the Department of De23 fense, or on a carrier or an underwriting or plan adminis24 tration contractor of the Program, to the same extent as 

25 such prohibition applies to the health insurance program 
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1 authorized by chapter 89 of title 5, United States Code, 

2 under section 8909(f) of such title. 

3 ‘‘(2) Paragraph (1) shall not be construed to exempt 

4 the Nonappropriated Fund Uniform Health Benefits Pro5 gram of the Department of Defense, or any carrier or under6 writing or plan administration contractor of the Program 

7 from the imposition, payment, or collection of a tax, fee, 

8 or other monetary payment on the net income or profit ac9 cruing to, or realized by, the Program or by such carrier 

10 or contractor from business conducted under the Program, 

11 so long as the tax, fee, or payment is applicable to a broad 

12 range of business activity. 

13 ‘‘(3) In this section, the term ‘State’ means each of the 

14 several States, the District of Columbia, the Commonwealth 

15 of Puerto Rico, the United States Virgin Islands, Guam, 

16 American Samoa, and the Commonwealth of the Northern 

17 Mariana Islands, and any political subdivision or other 

18 non-Federal authority thereof.’’. 
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1 SEC. 653. COOPERATION AND ASSISTANCE FOR QUALIFIED 

2 SCOUTING ORGANIZATIONS SERVING DE3 PENDENTS OF MEMBERS OF THE ARMED 

4 FORCES AND CIVILIAN EMPLOYEES OVER5 SEAS. 

6 (a) AUTHORITY TO COOPERATE AND PROVIDE ASSIST7 ANCE.—Subsection (a) of section 2606 of title 10, United 

8 States Code, is amended— 

9 (1) in subsection (a), by striking ‘‘Subject to sub10 section (b)’’ and inserting ‘‘In the interest of pro11 moting the recognized morale, welfare, and recreation 

12 of members of the armed forces’’; and 

13 (2) in subsection (b), by striking ‘‘and may’’ and 

14 all that follows through ‘‘armed forces’’. 

15 (b) TREATMENT OF ORGANIZATIONS AND EMPLOY16 EES.—Such section is further amended— 

17 (1) by striking subsections (e) and (f); 

18 (2) by redesignating subsections (c) and (d) as 

19 subsections (e) and (f), respectively; and 

20 (3) by inserting after subsection (b) the following 

21 new subsections: 

22 ‘‘(c) TREATMENT AS NONAPPROPRIATED FUND IN23 STRUMENTALITIES.—(1) Subject to paragraphs (2) and (3), 

24 to the extent a qualified scouting organization is providing 

25 services for members of the armed forces and their depend26 ents, or civilian employees of the Department of Defense 
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1 and their dependents, at a location outside the United 

2 States consistent with the regulations prescribed under sub3 section (b), the qualified scouting organization shall be a 

4 nonappropriated fund instrumentality of the Department 

5 of Defense. 

6 ‘‘(2) Notwithstanding treatment as a nonappropriated 

7 fund instrumentality of the Department of Defense, per8 sonnel of the qualified scouting organization who are per9 forming duties in connection with cooperation and assist10 ance provided under subsection (a) may continue such poli11 cies and procedures related to personnel management and 

12 such other policies or procedures established by the qualified 

13 scouting organization as the personnel consider appro14 priate, subject to the approval of the qualified scouting or15 ganization. 

16 ‘‘(3) A qualified scouting organization operating out17 side the United States may operate as a private association 

18 overseas for the purpose of raising funds. Any funds so 

19 raised may not be commingled with amounts retained in 

20 a nonappropriated morale, welfare, and recreation account 

21 of the Department of Defense. 

22 ‘‘(d) TREATMENT AS NONAPPROPRIATED FUND IN23 STRUMENTALITY EMPLOYEES.—(1) Personnel of a qualified 

24 scouting organization who are performing duties in connec25 tion with cooperation and assistance provided under sub-
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1 section (a) for members of the armed forces and their de2 pendents, or civilian employees of the Department of De3 fense and their dependents, shall be nonappropriated fund 

4 instrumentality employees of the United States for any pe5 riod during which the personnel perform such duties. 

6 ‘‘(2) Such personnel of a qualified scouting organiza7 tion shall receive the same benefits, entitlements, and 

8 logistical support as other nonappropriated fund instru9 mentality employees, except that such personnel— 

10 ‘‘(A) shall be allowed to decline to participate in 

11 retirement programs or other personnel management 

12 policies or procedures available to other non13 appropriated fund instrumentality employees and 

14 elect to continue the programs, policies or procedures 

15 made available by the qualified scouting organization; 

16 and 

17 ‘‘(B) shall not receive nonappropriated fund in18 strumentality employment credit nor rehire priority. 

19 ‘‘(3) In the regulations prescribed under subsection (b), 

20 the Secretary of Defense may authorize the use of funds ap21 propriated to the Department of Defense to pay costs of such 

22 personnel of a qualified scouting organization, including re23 imbursement of the personnel or the qualified scouting orga24 nization, in the case of those retirement, personnel manage25 ment, and other compensation programs regarding which 
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1 the personnel have elected to continue the programs made 

2 available to them by the qualified scouting organization.’’. 

3 (c) CONFORMING AND CLERICAL AMENDMENTS.—Such 

4 section is further amended— 

5 (1) in subsection (a), by inserting ‘‘AUTHORITY

6 TO COOPERATE AND PROVIDE ASSISTANCE.—’’ after 

7 ‘‘(a)’’; 

8 (2) in subsection (c), by inserting ‘‘BASIS FOR

9 COOPERATION AND ASSISTANCE.—’’; 

10 (3) in subsection (e), as redesignated by sub11 section (b)(2)— 

12 (A) by inserting ‘‘PROVISION OF TRANSPOR13 TATION, SPACE, AND SERVICES.—’’ after ‘‘(e)’’; 

14 and 

15 (B) in the matter preceding paragraph (1), 

16 by inserting ‘‘, using the authority of subsection 

17 (d)(3)’’ after ‘‘furnished’’; 

18 (4) in subsection (f), as redesignated by sub19 section (b)(2), by inserting ‘‘TRANSPORTATION OF

20 SUPPLIES.—’’ after ‘‘(f)’’; and 

21 (5) in subsection (g), by inserting ‘‘DEFINI22 TION.—’’ after ‘‘(g)’’. 
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1 Subtitle F—Other Matters 

2 SEC. 661. REPEAL OF REQUIREMENT THAT MEMBERS ENTI3 TLED TO BASIC ALLOWANCE FOR SUBSIST4 ENCE PAY SUBSISTENCE CHARGES WHILE 

5 HOSPITALIZED. 

6 (a) REPEAL.—(1) Section 1075 of title 10, United 

7 States Code, is repealed. 

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

9 55 of such title is amended by striking the item relating 

10 to section 1075. 

11 (b) CONFORMING AMENDMENT REGARDING MILITARY12 CIVILIAN HEALTH SERVICES PARTNERSHIP PROGRAM.— 

13 Section 1096(c) of such title is amended— 

14 (1) by inserting ‘‘who is a dependent’’ after ‘‘cov15 ered beneficiary’’; and 

16 (2) by striking ‘‘shall pay’’ and all that follows 

17 through the period at the end of paragraph (2) and 

18 inserting ‘‘shall pay the charges prescribed by section 

19 1078 of this title.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by this 

21 section shall take effect on the date of the enactment of this 

22 Act. 
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1 SEC. 662. CLARIFICATION OF EDUCATION LOANS QUALI2 FYING FOR EDUCATION LOAN REPAYMENT 

3 PROGRAM FOR RESERVE COMPONENT 

4 HEALTH PROFESSIONS OFFICERS. 

5 Section 16302(a)(5) of title 10, United States Code, 

6 is amended by inserting ‘‘a basic professional qualifying 

7 degree (as determined under regulations prescribed by the 

8 Secretary of Defense) or graduate education in’’ after ‘‘re9 garding’’. 

10 SEC. 663. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED 

11 AND FREQUENT MOBILIZATION OF RESERV12 ISTS FOR ACTIVE DUTY SERVICE ON RESERV13 IST INCOME. 

14 (a) SURVEY OF MOBILIZED RESERVISTS TO DETER15 MINE DIFFERENTIAL BETWEEN PRIVATE SECTOR INCOME

16 AND MILITARY COMPENSATION.—(1) The Secretary of De17 fense shall conduct a survey involving members of the re18 serve components who serve, or have served, on active duty 

19 in support of a contingency operation at any time during 

20 the period beginning on September 11, 2001, and ending 

21 on September 30, 2005, to determine the extent to which 

22 such members sustained a reduction in monthly income 

23 during the period of the active duty service compared to 

24 the average monthly civilian income of the members during 

25 the 12 months preceding their mobilization. 
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1 (2) At least 50 percent of the total number of members 

2 of the reserve components who have served on active duty 

3 in support of a contingency operation at any time during 

4 the period specified in paragraph (1) shall be included in 

5 the survey. 

6 (b) CALCULATION OF INCOME DIFFERENTIAL.—For 

7 each member surveyed under subsection (a) who reports that 

8 total monthly military compensation during the active duty 

9 service of the member was less, or appeared to be less, than 

10 the average monthly civilian income of the member, the Sec11 retary of Defense, in cooperation with the member, shall cal12 culate the monthly active-duty income differential for the 

13 member. 

14 (c) DEFINITIONS USED IN CONDUCTING SURVEY AND

15 CALCULATIONS.—In this section: 

16 (1) The term ‘‘monthly active-duty income dif17 ferential’’, with respect to a member of a reserve com18 ponent surveyed under subsection (a), means the dif19 ference between— 

20 (A) the average monthly civilian income of 

21 the member; and 

22 (B) the total monthly military compensa23 tion of the member. 

24 (2) The term ‘‘average monthly civilian income’’, 

25 with respect to a member of a reserve component sur-
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1 veyed under subsection (a), means the amount, deter2 mined by the Secretary of Defense, of the earned in3 come of the member for the 12 months preceding the 

4 first mobilization of the member during the period 

5 specified in subsection (a)(1), divided by 12. 

6 (3) The term ‘‘total monthly military compensa7 tion’’, with respect to a member of a reserve compo8 nent surveyed under subsection (a), means the 

9 amount, computed on a monthly basis, of the sum 

10 of— 

11 (A) the amount of the regular military com12 pensation (RMC), as defined in section 101(25) 

13 of title 37, United States Code, of the member 

14 during the period specified in subsection (a)(1); 

15 and 

16 (B) any amount of special pay or incentive 

17 pay and any allowance (other than an allowance 

18 included in regular military compensation) that 

19 is paid to the member on a monthly basis during 

20 the period specified in subsection (a)(1). 

21 (d) COLLECTION OF DEMOGRAPHIC DATA.—The Sec22 retary of Defense shall collect demographic data regarding 

23 each member of a reserve component surveyed under sub24 section (a), including, at a minimum, data on the fol25 lowing: 
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1 (1) Reserve component. 

2 (2) Unit of assignment. 

3 (3) Grade. 

4 (4) Age. 

5 (5) Years of service. 

6 (6) Sex. 

7 (7) Marital status. 

8 (8) Number of dependents. 

9 (9) General category of private-sector employ10 ment, as determined by the Secretary, but to include 

11 an employment category to cover members who are 

12 self-employed. 

13 (10) Military occupational specialty, including 

14 specifying all surveyed members who are serving in a 

15 critical wartime specialty. 

16 (11) Length of service on active duty during the 

17 most recent mobilization. 

18 (12) Number of times mobilized since September 

19 11, 2001. 

20 (e) EFFECT OF INCOME LOSS ON RETENTION.—The 

21 Secretary of Defense shall include in the survey a question 

22 to solicit information from each member of a reserve compo23 nent surveyed under subsection (a) regarding the likely ef24 fect of a reoccurring monthly active-duty income differen-
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1 tial for the member while serving on active duty on the deci2 sion of the member to remain in the reserve component. 

3 (f) ANALYSIS OF SURVEY DATA.—(1) At a minimum, 

4 the Secretary of Defense shall determine, for each variable 

5 listed in paragraphs (2) through (12) of subsection (d), the 

6 number of members of the reserve components surveyed 

7 under subsection (a) who sustained a monthly active-duty 

8 income differential for any month during their active duty 

9 service and compare and contrast that number with the 

10 number of members who did not experience a monthly ac11 tive-duty income differential. 

12 (2) The Secretary shall also determine the average 

13 amount of the active-duty income differential by reserve 

14 component for each variable within the characteristics listed 

15 in paragraphs (2) through (12) of subsection (d). 

16 (g) SUBMISSION OF SURVEY RESULTS AND REC17 OMMENDATIONS.—Not later than January 31, 2006, the 

18 Secretary of Defense shall submit to Congress and the 

19 Comptroller General a report containing the results of the 

20 surveys conducted under subsection (a), including the re21 sults of the analysis of survey data required by subsection 

22 (e). The Secretary shall include such recommendations as 

23 the Secretary considers appropriate regarding alternatives 

24 for restoring income lost by members of the reserve compo-
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1 nents who sustained a monthly active-duty income differen2 tial during their active duty service. 

3 (h) COMPTROLLER GENERAL EVALUATION.—Not later 

4 than March 31, 2006, the Comptroller General shall submit 

5 to Congress an assessment of the findings and recommenda6 tions contained in the report of the Secretary of Defense 

7 submitted under subsection (g). 

8 TITLE VII—HEALTH CARE 

9 PROVISIONS 

10 Subtitle A—Enhanced Benefits for 

11 Reserves 

12 SEC. 701. DEMONSTRATION PROJECT FOR TRICARE COV13 ERAGE FOR READY RESERVE MEMBERS. 

14 (a) DEMONSTRATION PROGRAM.—Section 1076b of 

15 title 10, United States Code, is amended to read as follows: 

16 ‘‘§ 1076b. TRICARE demonstration project: coverage 

17 for members of the Ready Reserve 

18 ‘‘(a) IN GENERAL.—(1) The Secretary of Defense shall 

19 conduct a demonstration project beginning in fiscal year 

20 2005 to test whether TRICARE coverage for certain Ready 

21 Reserve members and their families enhances medical readi22 ness and retention of such members. 

23 ‘‘(2) Under the demonstration project required by 

24 paragraph (1), within the scope of the project, as established 

25 by the Secretary, members of the Ready Reserve may be 
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1 allowed to enroll for coverage under the TRICARE Stand2 ard option of the TRICARE program and receive benefits 

3 under such enrollment for any period that the member— 

4 ‘‘(A) is not eligible for health care benefits under 

5 an employer-sponsored health benefits plan; and 

6 ‘‘(B) either— 

7 ‘‘(i) is not on active duty; or 

8 ‘‘(ii) is on active duty but under a call or 

9 order to active duty for a period of 30 days or 

10 less. 

11 ‘‘(3) A member allowed to enroll in TRICARE Stand12 ard under the demonstration project may enroll for self-only 

13 coverage or self and family coverage. 

14 ‘‘(b) SCOPE OF COVERAGE .—A member and the de15 pendents of a member enrolled in TRICARE Standard 

16 under this section shall be entitled to the same benefits and 

17 shall pay the same charges as are provided under section 

18 1079 of this title. 

19 ‘‘(c) PREMIUMS.—(1) The Secretary of Defense shall 

20 charge premiums for coverage pursuant to enrollments 

21 under this section. The Secretary shall prescribe a premium 

22 for self only coverage and a premium for self and family 

23 coverage. 

24 ‘‘(2) The monthly amount of the premium in effect for 

25 a month for a type of coverage under this section shall be 
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1 the amount equal to 28 percent of the total amount deter2 mined by the Secretary on an appropriate actuarial basis 

3 as being reasonable for the coverage. 

4 ‘‘(3) The premiums payable by a member under this 

5 subsection may be deducted and withheld from basic pay 

6 payable to the member under section 204 of title 37 or from 

7 compensation payable to the member under section 206 of 

8 such title. The Secretary shall prescribe the requirements 

9 and procedures applicable to the payment of premiums by 

10 members not entitled to such basic pay or compensation. 

11 ‘‘(4) Amounts collected as premiums under this sub12 section shall be credited to the appropriation available for 

13 the Defense Health Program Account under section 1100 

14 of this title, shall be merged with sums in such Account 

15 that are available for the fiscal year in which collected, and 

16 shall be available under subparagraph (B) of such section 

17 for such fiscal year. 

18 ‘‘(d) CONDITIONS OF ELIGIBILITY.—(1) The Secretary 

19 of Defense may establish other conditions of eligibility, in20 cluding requiring a member to submit any certification 

21 that the Secretary considers appropriate to substantiate the 

22 member’s assertion that the member is not eligible for health 

23 care benefits under any other health benefits plan. 

24 ‘‘(2) In the case of any member who is self-employed 

25 and not eligible for coverage under any other employer- 
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1 sponsored health benefits plan, the member shall not be con2 sidered eligible to enroll under this section if the member’s 

3 income in the prior calendar year exceeded $40,000. 

4 ‘‘(e) SCOPE AND TERMS OF DEMONSTRATION

5 PROJECT.—The geographic scope and priorities for enroll6 ment under the demonstration program, if any, shall be es7 tablished by the Secretary of Defense. The Secretary may 

8 establish such other terms and conditions for the demonstra9 tion project required by subsection (a) as the Secretary de10 termines appropriate to accomplish its purposes. 

11 ‘‘(f) TERMINATION OF AUTHORITY.—An enrollment in 

12 TRICARE under this section may not continue after De13 cember 31, 2007. 

14 ‘‘(g) EVALUATION OF DEMONSTRATION AND REPORT

15 TO CONGRESS.—Not later than March 1, 2007, the Sec16 retary shall provide to Congress a report on the results of 

17 the demonstration project required by this section. Such re18 port shall include an analysis of the impact of the dem19 onstration on medical readiness and retention of the mem20 bers who enrolled, an assessment of the costs and benefits 

21 of any improvements in medical readiness or retention, and 

22 recommendations concerning TRICARE Standard coverage 

23 for Ready Reserve members. 

24 ‘‘(h) DEFINITION.—In this section, the term 

25 ‘TRICARE Standard’ means the option of the TRICARE 
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1 program that is also known as the Civilian Health and 

2 Medical Program of the Uniformed Services, as defined in 

3 section 1072(4) of this title.’’. 

4 (b) TERMINATION OF COVERAGE UNDER SUPERSEDED

5 PROVISION OF LAW.—An enrollment in TRICARE under 

6 section 1076b of title 10, United States Code, as in effect 

7 before the date of the enactment of this Act may not con8 tinue after such date. 

9 (c) SITE IDENTIFICATION.—(1) Not later than 60 days 

10 after the date of enactment of this Act, the Secretary of De11 fense, in consultation with the Committees on Armed Serv12 ices of the Senate and the House of Representatives, shall 

13 identify not less than 10 sites that meet the criteria speci14 fied in paragraph (2) for the conduct of the demonstration 

15 project required under section 1076b of title 10, United 

16 States Code, as amended by this section. 

17 (2) For purposes of paragraph (1), the sites selected 

18 for the conduct of the demonstration project shall be areas 

19 of the United States that include a substantial number of 

20 personnel expected to be ordered to active duty for a period 

21 of more than 30 days. 

22 (d) INDEPENDENT EVALUATION AND REPORTS.—(1) 

23 The Comptroller General shall conduct an evaluation of the 

24 demonstration project required under section 1076b of title 
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1 10, United States Code (as amended by this section) The 

2 evaluation shall include an assessment of the following: 

3 (A) Compliance by the Department of Defense 

4 with the requirements under section 1076b of title 10, 

5 United States Code (as amended by this section). 

6 (B) A description of the effects of the demonstra7 tion project on medical readiness and retention of the 

8 participants compared to nonparticipants. 

9 (C) The number of Ready Reserve members and 

10 their dependents opting to participate in the dem11 onstration project. 

12 (D) An analysis of how the demonstration 

13 project affects the overall accessibility of care in the 

14 direct and purchased care systems and a description 

15 of the unintended effects (if any) upon the normal 

16 treatment priority system. 

17 (E) A description of the difficulties (if any) ex18 perienced by the Department of Defense in managing 

19 the demonstration project. 

20 (F) Any impact of the demonstration project on 

21 employers, including causing them to discontinue 

22 health care insurance benefits for employees who are 

23 members of the reserves. 

24 (G) A recommendation whether to extend the 

25 demonstration project or make the project permanent. 
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1 (H) A determination of whether the terms and 

2 conditions of the demonstration project should be con3 tinued or modified if the project is extended or ex4 panded. 

5 (I) Implications on cost, medical readiness, re6 cruitment, and retention if the demonstration project 

7 was made available to all reservists meeting the en8 rollment criteria throughout the United States and its 

9 territories. 

10 (J) Any additional elements that the Comptroller 

11 General determines are appropriate to assess the dem12 onstration project. 

13 (2) The Comptroller General shall submit to the Com14 mittees on Armed Services of the Senate and the House of 

15 Representatives— 

16 (A) an interim report on the evaluation under 

17 this section not later than 12 months after the date 

18 on which the demonstration project begins operation; 

19 and 

20 (B) a final report on the evaluation under this 

21 section not later than March 1, 2007. 
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1 SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST 

2 AND FEASIBILITY OF PROVIDING PRIVATE 

3 HEALTH INSURANCE STIPENDS FOR MEM4 BERS OF THE READY RESERVES. 

5 (a) STUDY REQUIRED.—The Comptroller General 

6 shall conduct a study on the cost and feasibility of pro7 viding a stipend to members of the Ready Reserves to offset 

8 the cost of continuing private health insurance coverage for 

9 the member’s dependents when the member is on active duty 

10 for a period of more than 30 days, with the dependents 

11 being ineligible to enroll in the TRICARE program and 

12 payment of the stipend ending when the member is no 

13 longer on active duty. 

14 (b) MATTERS COVERED.—The study shall include the 

15 following matters: 

16 (1) Recommendation for a benefit amount and 

17 cost to the Department of Defense. 

18 (2) Potential effects on medical readiness, re19 cruitment, and retention. 

20 (3) The extent to which the Reserves and mem21 bers of their families might participate under the sti22 pend program. 

23 (4) Administrative and management consider24 ations for the Department of Defense. 

25 (5) Impact of pre-existing conditions on con26 tinuity of care for dependents. 
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1 (6) Possible implications for employers. 

2 (c) REPORT.—Not later than March 31, 2005, the 

3 Comptroller General shall submit to the Committee on 

4 Armed Services of the Senate and the Committee on Armed 

5 Services of the House of Representatives a report containing 

6 the results of the study under this section. 

7 SEC. 703. IMPROVEMENT OF MEDICAL SERVICES FOR ACTI8 VATED MEMBERS OF THE READY RESERVE 

9 AND THEIR FAMILIES. 

10 (a) REQUIREMENT FOR TRICARE COVERAGE FOR

11 DEPENDENTS OF MEMBERS OF RESERVE COMPONENTS

12 CALLED TO ACTIVE DUTY.—Paragraph (1) of section 

13 1074(d) of title 10, United States Code, is amended— 

14 (1) by inserting ‘‘a dependent of’’ after ‘‘chap15 ter,’’; 

16 (2) by inserting ‘‘a dependent of a member’’ after 

17 ‘‘treated as being’’; and 

18 (3) by striking ‘‘the later of’’ and all that follows 

19 through the period at the end of subparagraph (B) 

20 and inserting ‘‘the date described in paragraph (3).’’. 

21 (b) AUTHORITY FOR TRICARE COVERAGE FOR MEM22 BERS OF RESERVE COMPONENTS CALLED TO ACTIVE

23 DUTY.—Section 1074(d) of such title is further amended— 

24 (1) by striking paragraph (3); 
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1 (2) by redesignating paragraph (2) as para2 graph (4); and 

3 (3) by inserting after paragraph (1) the fol4 lowing new paragraphs: 

5 ‘‘(2) The Secretary of Defense may, beginning on the 

6 date described in paragraph (3), provide a member of a 

7 reserve component of the armed forces who is issued a de8 layed-effective-date active-duty order, or is covered by such 

9 an order, such medical and dental care (in addition to care 

10 for which the member is eligible under section 1074a(f) of 

11 this title or other provisions of law) the Secretary deter12 mines appropriate. 

13 ‘‘(3) The date referred to in paragraphs (1) and (2) 

14 with respect to a member is the later of the date that is— 

15 ‘‘(A) the date of the issuance of the delayed-effec16 tive-date active-duty order; or 

17 ‘‘(B) 90 days before the date on which the period 

18 of active duty is to commence under such order for 

19 that member.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by this 

21 section shall take effect on January 1, 2005. 

22 SEC. 704. MODIFICATION OF WAIVER OF CERTAIN 

23 DEDUCTIBLES UNDER TRICARE PROGRAM. 

24 Section 1095d(a) of title 10, United States Code, is 

25 amended in paragraphs (1) and (2) by striking ‘‘less than 
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1 one year’’ each place it appears and inserting ‘‘more than 

2 30 days’’. 

3 SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF 

4 ADDITIONAL AMOUNTS BILLED BY HEALTH 

5 CARE PROVIDERS TO ACTIVATED RESERVE 

6 MEMBERS. 

7 Section 1079(h) of title 10, United States Code, is 

8 amended by adding at the end of paragraph (4) the fol9 lowing new subparagraph: 

10 ‘‘(C) In the case of services billed to a dependent re11 ferred to in subsection (a) of a member of a reserve compo12 nent who is ordered to active duty for a period of more 

13 than 30 days in support of a contingency operation under 

14 a provision of law referred to in section 101(a)(13)(B) of 

15 this title, the regulations shall provide that, in addition to 

16 amounts otherwise payable by the United States, the Sec17 retary may pay the amount referred to in subparagraph 

18 (B)(i) for the services.’’. 

19 SEC. 706. EXTENSION OF TRANSITIONAL HEALTH CARE 

20 BENEFITS AFTER SEPARATION FROM ACTIVE 

21 DUTY. 

22 (a) EXTENSION OF TRANSITIONAL HEALTH CARE

23 BENEFITS.—Paragraph (3) of section 1145(a) of title 10, 

24 United States Code, is amended to read as follows: 
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1 ‘‘(3) Transitional health care shall be available under 

2 this subsection for a period beginning on the date on which 

3 the member is separated from active duty and ending on 

4 the earlier of— 

5 ‘‘(A) 180 days after the date on which the mem6 ber is separated from active duty; or 

7 ‘‘(B) the date on which the member and depend8 ents of the member are covered by a health plan spon9 sored by an employer.’’. 

10 (b) LIMITATION.—During the period beginning on 

11 January 1, 2005, and ending on September 30, 2005, not 

12 more than $170,000,000 of the amount appropriated pursu13 ant to the authorization for operations and maintenance 

14 for the Defense Health Program in section 303(a) may be 

15 used for transitional health care under section 1145(a) of 

16 title 10, United States Code, as amended by this section. 

17 (c) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall apply with respect to separations from ac19 tive duty that take effect on or after January 1, 2005. 

20 Subtitle B—Other Benefits 

21 Improvements 

22 SEC. 711. COVERAGE OF CERTAIN YOUNG CHILDREN 

23 UNDER TRICARE DENTAL PROGRAM. 

24 (a) COVERAGE OF CERTAIN YOUNG CHILDREN.—Sec25 tion 1076a(k)(2) of title 10, United States Code, is amended 
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1 by inserting after ‘‘by reason of’’ the following: ‘‘the depend2 ent’s young age on the date of death of the member of’’. 

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on the date of the enactment 

5 of this Act. 

6 SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION 

7 OF HEALTH AND SUPPORT SERVICES FOR EX8 CEPTIONAL FAMILY MEMBER PROGRAM EN9 ROLLEES. 

10 (a) EVALUATION REQUIREMENT.—The Comptroller 

11 General shall evaluate the effect of the Exceptional Family 

12 Member Program (in this section referred to as ‘‘EFMP’’) 

13 on health and support services in selected civilian commu14 nities near military installations with a high concentration 

15 of EFMP enrollees. 

16 (b) MATTERS COVERED.—The evaluation under sub17 section (a) shall include a discussion of the following: 

18 (1) Communities that have high concentrations 

19 of EFMP enrollees that use State and local health and 

20 support services. 

21 (2) Needs of EFMP enrollees, if any, that are not 

22 met by State and local health and support services. 

23 (3) The burdens, financial and otherwise, placed 

24 on State and local health and support services by 

25 EFMP enrollees and their families. 
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1 (4) The ability of the TRICARE program to 

2 meet the needs of EFMP enrollees and their families. 

3 (5) Reasons for any limitations of the TRICARE 

4 program, the EFMP, and State and local health and 

5 support services in providing assistance to EFMP en6 rollees and their families. 

7 (6) Recommendations for more effectively meet8 ing the needs of EFMP enrollees and their families. 

9 (c) COMMUNITIES COVERED.—The evaluation under 

10 subsection (a) shall examine no fewer than four civilian 

11 communities, as determined by the Comptroller General, 

12 that have high concentrations of EFMP enrollees and that 

13 are near several military installations, including at least 

14 two military installations with tenants from more than one 

15 of the Armed Forces. 

16 (d) DEFINITIONS.—In this section: 

17 (1) The term ‘‘health and support services’’ 

18 means services provided to children and other depend19 ents with special needs, including specialized day 

20 care, mental health day treatment services, respite 

21 services, counseling, and other such services provided 

22 for children and other dependents with special needs. 

23 (2) The term ‘‘TRICARE program’’ has the 

24 meaning given that term in section 1072(7) of title 

25 10, United States Code. 
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1 (e) REPORT.—Not later than March 31, 2005, the 

2 Comptroller General shall submit to the Armed Services 

3 Committees of the Senate and the House of Representatives 

4 a report on the results of the evaluation required under sub5 section (a), with findings and recommendations. 

6 SEC. 713. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME 

7 REMOTE. 

8 Section 1079(p) of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating paragraph (4) as para11 graph (5); and 

12 (2) by inserting after paragraph (3) the fol13 lowing new paragraph: 

14 ‘‘(4) The Secretary of Defense may provide for coverage 

15 of a dependent referred to in subsection (a) who is not de16 scribed in paragraph (3) if the Secretary determines that 

17 exceptional circumstances warrant such coverage.’’. 

18 SEC. 714. TRANSITION TO HOME HEALTH CARE BENEFIT 

19 UNDER SUB-ACUTE CARE PROGRAM. 

20 Section 1074j of title 10, United States Code, is 

21 amended in subsection (b)(3)— 

22 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(B) The Secretary of Defense shall establish proce25 dures for the transition to and implementation of the home 
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1 health care benefit required by subparagraph (A). The Sec2 retary may provide in such procedures that covered bene3 ficiaries who, before the implementation of such benefit, re4 ceived home health care under this chapter in excess of such 

5 benefit, may continue to receive such care for such time as 

6 the Secretary considers appropriate.’’. 

7 SEC. 715. REQUIREMENT RELATING TO PRESCRIPTION 

8 DRUG BENEFITS FOR MEDICARE-ELIGIBLE 

9 ENROLLEES UNDER DEFENSE HEALTH CARE 

10 PLANS. 

11 Section 1074g(a)(6) of title 10, United States Code, is 

12 amended— 

13 (1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(B) For a medicare-eligible beneficiary, the 

16 cost-sharing requirements may not be in excess of the 

17 cost-sharing requirements applicable to all other bene18 ficiaries covered by section 1086 of this title. For pur19 poses of the preceding sentence, a medicare-eligible 

20 beneficiary is a beneficiary eligible for health benefits 

21 under section 1086 of this title pursuant to subsection 

22 (d)(2) of such section.’’. 
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1 SEC. 716. PROFESSIONAL ACCREDITATION OF MILITARY 

2 DENTISTS. 

3 Section 1077(c) of title 10, United States Code, is 

4 amended— 

5 (1) by striking ‘‘A’’ and inserting ‘‘(1) Except as 

6 provided in paragraph (2), a’’; and 

7 (2) by adding at the end the following new para8 graph: 

9 ‘‘(2)(A) Dependents who have not attained age 13 and 

10 who are participating under a dental plan established 

11 under section 1076a of this title may be treated by post12 graduate dental students in eligible dental treatment facili13 ties if— 

14 ‘‘(i)(I) treatment of pediatric dental patients is 

15 required to comply with American Dental Association 

16 accreditation standards; or 

17 ‘‘(II) pediatric dental training is required to en18 able post-graduate dental students to provide dental 

19 care for such dependents outside the United States; 

20 and 

21 ‘‘(ii) there are insufficient numbers of children 

22 eligible to be provided dental care under section 

23 1076(a) of this title to meet such standards or train24 ing requirements. 
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1 ‘‘(B) The total number of dependents who may be 

2 treated under this paragraph may not exceed 2,000 in any 

3 fiscal year. 

4 ‘‘(C) In this paragraph, an eligible dental treatment 

5 facility is a dental treatment facility with a post-graduate 

6 dental education program accredited by the American Den7 tal Association.’’. 

8 SEC. 717. ADDITION OF CERTAIN UNREMARRIED FORMER 

9 SPOUSES TO PERSONS ELIGIBLE FOR DEN10 TAL INSURANCE PLAN OF RETIREES OF THE 

11 UNIFORMED SERVICES. 

12 (a) ELIGIBILITY OF CERTAIN FORMER SPOUSES FOR

13 DENTAL COVERAGE.—(1) Section 1076c(b) of title 10, 

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

15 following new paragraph: 

16 ‘‘(6) A person who— 

17 ‘‘(i) is an unremarried former spouse of a 

18 member described in paragraph (1) or (2); 

19 ‘‘(i) is described in section 1072(2)(F)(i) of 

20 this title; and 

21 ‘‘(ii) does not have dental coverage under an 

22 employer-sponsored health plan.’’. 

23 (b) EFFECTIVE DATE.—Section 1076c(b)(6) of title 10, 

24 United States Code, as added by subsection (a), shall take 

25 effect on the date of the enactment of this Act. 
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1 SEC. 718. WAIVER OF COLLECTION OF PAYMENTS DUE 

2 FROM CERTAIN PERSONS UNAWARE OF LOSS 

3 OF CHAMPUS ELIGIBILITY. 

4 (a) AUTHORITY TO WAIVE COLLECTION.—The Sec5 retary of Defense may waive (in whole or in part) the collec6 tion of payments otherwise due from a person described in 

7 subsection (b) as a result of the receipt by the person of 

8 health benefits under section 1086 of title 10, United States 

9 Code, after the termination of the person’s eligibility for 

10 such benefits and may also authorize continued coverage of 

11 benefits under section 1086 of such title for such person for 

12 the period described in subsection (c). 

13 (b) PERSONS ELIGIBLE.—A person shall be eligible for 

14 relief under subsection (a) if the person— 

15 (1) is a person described in paragraph (1) of 

16 subsection (d) of section 1086, of title 10, United 

17 States Code; 

18 (2) in the absence of such paragraph, would have 

19 been eligible for health benefits under such section; 

20 (3) at the time of the receipt of such benefits, sat21 isfies the criteria specified in subparagraph (B) of 

22 paragraph (2) of such subsection; and 

23 (4) was unaware of the loss of eligibility to re24 ceive health benefits at the time they were received. 

25 (c) EXTENT OF AUTHORITY.—The authority to waive 

26 the collection of payments and to continue coverage of bene-
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1 fits under this section shall apply during the period begin2 ning on July 1, 1999, and ending on December 31, 2004, 

3 under terms established by the Secretary of Defense. 

4 (d) QUARTERLY REPORTS.—(1) The Secretary of De5 fense shall provide quarterly reports to the Committees on 

6 Armed Services of the Senate and House of Representatives 

7 regarding— 

8 (A) efforts by the Department of Defense to iden9 tify persons who satisfy the criteria specified in sub10 paragraph (B) of subsection (d)(2) of section 1086 of 

11 title 10, United States Code, and would be eligible for 

12 health benefits under such section if the criteria speci13 fied in subparagrpah (A) were also satisfied; and 

14 (B) actions taken by the Department with re15 spect to persons identified under subparagraph (B) of 

16 this paragraph. 

17 (2) The first report under paragraph (1) shall be sub18 mitted not later than 30 days after the end of the first quar19 ter of fiscal year 2005. 

20 Subtitle C—Planning, 

21 Programming, and Management 

22 SEC. 721. PILOT PROGRAM FOR TRANSFORMATION OF 

23 HEALTH CARE DELIVERY. 

24 (a) FINDINGS.—(1) Congress finds the following: 
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1 (A) Historically, providing military health care 

2 to military beneficiaries has centered on building a 

3 military medical treatment facility and providing a 

4 full range of services on a military installation. 

5 (B) Traditionally, in many locations the major6 ity of military personnel and their dependents who 

7 are eligible beneficiaries of the military health care 

8 system do not live on military installations. 

9 (C) As the cost of repairing, replacing, recapital10 izing, or expanding aging military treatment facili11 ties and maintaining adequate health care services on 

12 military installations increases, the Department of 

13 Defense will be challenged to find new, more cost-effec14 tive ways of providing enhanced health care for mili15 tary and civilian beneficiaries of the Department of 

16 Defense health care system. 

17 (2) In view of these findings, the Secretary of Defense 

18 is directed to examine feasible and cost-effective methods for 

19 leveraging and expanding non-military health care re20 sources to provide health care to military beneficiaries. Fur21 thermore, the Secretary of Defense shall conduct a pilot pro22 gram in accordance with this section. 

23 (b) PILOT PROGRAM PURPOSES.—The Secretary of 

24 Defense shall conduct a pilot program at one or more mili25 tary installations for purposes of testing— 
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1 (1) the feasibility and cost effectiveness of ex2 panding use of non-military health care resources, 

3 particularly in cases in which such use would reduce 

4 or eliminate the need for military medical construc5 tion projects; 

6 (2) initiatives that build cooperative health care 

7 arrangements and agreements between military in8 stallations and local and regional non-military health 

9 care systems; and 

10 (3) development of an integrated, long range 

11 business plan for the delivery of health care services 

12 for military beneficiaries, incorporating present and 

13 potential future capabilities in the non-military 

14 health care sector. 

15 (c) REQUIREMENTS OF PILOT PROGRAM.—In con16 ducting the pilot program, the Secretary of Defense shall— 

17 (1) identify and analyze health care delivery op18 tions that range from outsourcing all health care de19 livery services to the private sector to providing some 

20 health care services in military facilities located on 

21 the installation; 

22 (2) determine the cost avoidance or savings re23 sulting from innovative partnerships between the De24 partment of Defense and the private sector and lim25 iting recapitalization costs in military facilities; 
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1 (3) study the potential, viability, cost efficiency, 

2 and health care effectiveness of Department of Defense 

3 health care providers delivering health care in civil4 ian community hospitals; 

5 (4) determine the opportunities for and barriers 

6 to coordinating and leveraging the use of existing 

7 health care resources, including Federal, State, local, 

8 and contractor assets; and 

9 (5) develop recommendations for a model health 

10 care delivery system that may be used at other mili11 tary installations. 

12 (d) CONSULTATION REQUIREMENTS.—The Secretary 

13 of Defense shall develop the pilot program in consultation 

14 with the Secretaries of the military departments, represent15 atives from the military installation selected for the pilot 

16 program, Federal, State, and local entities, and the 

17 TRICARE managed care support contractor with responsi18 bility for that installation. 

19 (e) SELECTION OF MILITARY INSTALLATION.—The 

20 pilot program shall be implemented at one or more military 

21 installations selected by the Secretary of Defense. At least 

22 one of the selected military installations shall meet the fol23 lowing criteria: 

24 (1) The military installation is an Army instal25 lation located in a rural area. 
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1 (2) The military installation has members of the 

2 Armed Forces on active duty and members of reserve 

3 components of the Armed Forces that use the installa4 tion as a training and operational base, with mem5 bers routinely deploying in support of the global war 

6 on terrorism. 

7 (3) The number of members of the Armed Forces 

8 on active duty permanently assigned to the military 

9 installation is expected to increase over the next five 

10 years. 

11 (4) One or more partnerships exist at the mili12 tary installation with civilian health care entities in 

13 the form of limited specialty care services in the mili14 tary medical treatment facility on the installation. 

15 (5) There is a military treatment facility on the 

16 installation that does not have inpatient or trauma 

17 center care capabilities. 

18 (6) There is a civilian community hospital with19 in 15 miles of the military installation with limited 

20 capability to expand inpatient care beds, intensive 

21 care, and specialty services. 

22 (7) There is no civilian hospital with a trauma 

23 center within 50 miles from the military installation. 

24 (f) DURATION OF PILOT PROGRAM.—Implementation 

25 of the pilot program developed under this subsection shall 
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1 begin not later than May 1, 2005, and shall be conducted 

2 during fiscal years 2005, 2006, and 2007. 

3 (g) FUNDS.—For fiscal year 2005, not more than 

4 $5,000,000 of the amount appropriated pursuant to the au5 thorization for operations and maintenance for the Defense 

6 Health Program in section 303(a) may be used to conduct 

7 the pilot program under this section. 

8 (h) REPORTS.—Not later than July 1, 2005, the Sec9 retary of Defense shall submit an interim report to the 

10 Committees on Armed Services of the Senate and of the 

11 House of Representatives describing the details of the pilot 

12 program. Not later than July 1, 2007, the Secretary of De13 fense shall submit to such committees a final report describ14 ing the results of the pilot program with recommendations 

15 for a model health care delivery system for other military 

16 installations. 

17 SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSE18 MENT TO HOSPITALS FOR CERTAIN MILITARY 

19 DISABILITY RETIREES. 

20 (a) STUDY.—The Secretary of Defense shall conduct a 

21 study of the feasibility, and of the desirability, of providing 

22 that a member of the uniformed services retired under chap23 ter 61 of title 10, United States Code, for a combat-related 

24 disability (as defined in section 1413a(e) of that title) shall 

25 be provided reimbursement for the travel expenses of such 
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1 member for travel, during the two-year period beginning 

2 on the date of the retirement of the member, to a military 

3 treatment facility for medical care. The Secretary shall in4 clude in that study consideration of whether reimbursement 

5 under such a plan should, as nearly as practicable, be under 

6 the same terms and conditions, and at the same rate, as 

7 apply to beneficiary travel reimbursement provided by the 

8 Secretary of Veterans Affairs under section 111 of title 38, 

9 United States Code. 

10 (b) REPORT.—The Secretary of Defense shall submit 

11 to the congressional defense committees a report providing 

12 the results of the study under subsection (a). Such report 

13 shall be submitted not later than March 1, 2005. 

14 TITLE VIII—ACQUISITION POL15 ICY, ACQUISITION MANAGE16 MENT, AND RELATED MAT17 TERS 

18 Subtitle A—Amendments to General 

19 Contracting Authorities, Proce20 dures, and Limitations 

21 SEC. 801. RAPID ACQUISITION AUTHORITY TO RESPOND TO 

22 COMBAT EMERGENCIES. 

23 (a) IN GENERAL.—Chapter 141 of title 10, United 

24 States Code, is amended by adding at the end the following 

25 new section: 
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1 ‘‘§ 2410p. Rapid acquisition authority to respond to 

2 combat emergencies 

3 ‘‘(a) RAPID ACQUISITION AUTHORITY.—The Secretary 

4 of Defense may rapidly acquire, in accordance with this 

5 section, equipment needed by a combatant commander to 

6 eliminate a combat capability deficiency that has resulted 

7 in combat fatalities. 

8 ‘‘(b) PROCESS FOR RAPID ACQUISITION.—Not later 

9 than 30 days after the date of the enactment of this section, 

10 the Secretary of Defense shall develop a process for the rapid 

11 acquisition authority provided by subsection (a) and sub12 mit to Congress a detailed explanation of the process, in13 cluding procedures to be followed in carrying out the proc14 ess. The process shall provide for the following: 

15 ‘‘(1) A requirement that the process may be used 

16 only to acquire the minimum amount of equipment 

17 needed until the needs of the combatant commander 

18 can be fulfilled under existing acquisition statutes, 

19 policies, directives, and regulations. 

20 ‘‘(2) A goal of awarding a contract for the equip21 ment within 15 days after receipt of a request from 

22 a commander. 

23 ‘‘(3) In a case in which the equipment cannot be 

24 acquired without an extensive delay, a requirement 

25 for an interim solution to minimize the combat capa-
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1 bility deficiency and combat fatalities until the equip2 ment can be acquired. 

3 ‘‘(4) Waiver of the applicability of all policies, 

4 directives, and regulations related to— 

5 ‘‘(A) the establishment of the requirement 

6 for the equipment; 

7 ‘‘(B) the research, development, test, and 

8 evaluation of the equipment; and 

9 ‘‘(C) the solicitation and selection of 

10 sources, and the award of the contract, for pro11 curement of the equipment. 

12 ‘‘(5) Such other procedures or requirements as 

13 the Secretary considers appropriate. 

14 ‘‘(c) WAIVER OF CERTAIN STATUTES.—For purposes 

15 of exercising the authority provided by subsection (a) with 

16 respect to equipment, laws relating to the following shall 

17 not apply: 

18 ‘‘(A) The establishment of the requirement for the 

19 equipment. 

20 ‘‘(B) The research, development, test, and evalua21 tion of the equipment. 

22 ‘‘(C) The solicitation and selection of sources, 

23 and the award of the contract, for procurement of the 

24 equipment. 
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1 ‘‘(d) LIMITATIONS.—The rapid acquisition authority 

2 provided by subsection (a) may be used only— 

3 ‘‘(1) after the Secretary of Defense, without dele4 gation, determines in writing that there exists a com5 bat capability deficiency that has resulted in combat 

6 fatalities; and 

7 ‘‘(2) to acquire equipment in an amount aggre8 gating not more than $100,000,000 during a fiscal 

9 year. 

10 ‘‘(e) SOURCE OF FUNDS.—For acquisitions under this 

11 section to be made during any fiscal year, the Secretary 

12 may use any funds made available to the Department of 

13 Defense for that fiscal year. 

14 ‘‘(f) NOTIFICATION TO CONGRESS AFTER EACH USE

15 OF AUTHORITY.—The Secretary of Defense shall notify the 

16 congressional defense committees within 15 days after each 

17 use of the authority provided by subsection (a). Each such 

18 notice shall identify the equipment to be acquired, the 

19 amount to be expended for such acquisition, and the source 

20 of funds for such acquisition. 

21 ‘‘(g) COMBATANT COMMANDER.—In this section, the 

22 term ‘combatant commander’ means the commander of a 

23 unified combatant command with authority for the conduct 

24 of operations in a specific area of responsibility or who oth-
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1 erwise has authority to conduct operations at the direction 

2 of the President or Secretary of Defense.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections at 

4 the beginning of such chapter is amended by adding at the 

5 end the following new item: 

‘‘2410p. Rapid acquisition authority to respond to combat emergencies.’’. 

6 SEC. 802. DEFENSE ACQUISITION WORKFORCE CHANGES. 

7 (a) SELECTION CRITERIA AND PROCEDURES.—Section 

8 1732(b)(1)(A) of title 10, United States Code, is amended 

9 by striking ‘‘within grade GS–13 or above of the General 

10 Schedule’’ and inserting ‘‘in any position designated by the 

11 Secretary of Defense’’. 

12 (b) CRITICAL ACQUISITION POSITIONS.—Section 1733 

13 of such title is amended by striking subsection (b) and in14 serting the following: 

15 ‘‘(b) DESIGNATION OF CRITICAL ACQUISITION.—(1) 

16 The Secretary of Defense shall designate the acquisition po17 sitions in the Department of Defense that are critical acqui18 sition positions. Such positions shall include the following: 

19 ‘‘(A) Program executive officer. 

20 ‘‘(B) Program manager of a major defense acqui21 sition program (as defined in section 2430 of this 

22 title) or of a significant nonmajor defense acquisition 

23 program (as defined in section 1737(a)(3) of this 

24 title). 
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1 ‘‘(C) Deputy program manager of a major de2 fense acquisition program. 

3 ‘‘(D) Any other acquisition position of signifi4 cant responsibility determined by the Secretary to be 

5 critical. 

6 ‘‘(2) The Secretary shall annually publish a list of the 

7 positions designated under this subsection.’’. 

8 (c) SCHOLARSHIP PROGRAMS.—Section 1742 of such 

9 title is amended— 

10 (1) by inserting ‘‘(a) PROGRAMS.—’’ at the be11 ginning of the text; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(b) SCHOLARSHIP PROGRAM REQUIREMENTS.—With 

15 respect to any scholarship program conducted under this 

16 section, the Secretary of Defense and the participant shall 

17 agree in writing to the terms of the scholarship. The agree18 ment shall include the obligations of the Secretary and the 

19 participant, as well as actions available for either party 

20 to take if there is a failure to meet the obligations under 

21 the agreement.’’. 

22 SEC. 803. LIMITATION ON TASK AND DELIVERY ORDER CON23 TRACTS. 

24 Subsection 2304a(f) of title 10, United States Code, is 

25 amended to read as follows: 
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1 ‘‘(f) CONTRACT PERIOD.—The head of an agency en2 tering into a task or delivery order contract under this sec3 tion may provide for the contract to cover any base period 

4 up to five years and may extend the contract period for 

5 one or more successive periods pursuant to an option pro6 vided in the contract or a modification to the contract.’’. 

7 SEC. 804. FUNDING FOR CONTRACT CEILINGS FOR CERTAIN 

8 MULTIYEAR PROCUREMENT CONTRACTS. 

9 (a) MULTIYEAR CONTRACTS RELATING TO PROP10 ERTY.—Section 2306b(g) of title 10, United States Code, 

11 is amended— 

12 (1) by inserting ‘‘(1)’’ before ‘‘Before any’’; 

13 (2) by striking ‘‘Committee’’ through ‘‘House of 

14 Representatives’’ and inserting ‘‘congressional defense 

15 committees’’; and 

16 (3) by adding at the end the following new para17 graph: 

18 ‘‘(2) In the case of a contract described in subsection 

19 (a) with a cancellation ceiling described in paragraph (1), 

20 if the budget for the contract does not include proposed 

21 funding for the costs of contract cancellation up to the can22 cellation ceiling established in the contract, the head of the 

23 agency concerned shall, as part of the certification required 

24 by subsection (i)(1)(A), give written notification to the con25 gressional defense committees of— 
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1 ‘‘(A) the cancellation ceiling amounts planned 

2 for each program year in the proposed multiyear pro3 curement contract, together with the reasons for the 

4 amounts planned; 

5 ‘‘(B) the extent to which costs of contract can6 cellation are not included in the budget for the con7 tract; and 

8 ‘‘(C) a financial risk assessment of not including 

9 budgeting for costs of contract cancellation, including 

10 proposed funding sources to meet such cancellation 

11 costs if the contract is canceled.’’. 

12 (b) MULTIYEAR CONTRACTS RELATING TO SERV13 ICES.—Section 2306c(d) of title 10, United States Code, is 

14 amended— 

15 (1) in paragraphs (1), (3), and (4), by striking 

16 ‘‘committees of Congress named in paragraph (5)’’ 

17 and inserting ‘‘congressional defense committees’’ each 

18 place it appears; and 

19 (2) by amending paragraph (5) to read as fol20 lows: 

21 ‘‘(5) In the case of a contract described in subsection 

22 (a) with a cancellation ceiling described in paragraph (4), 

23 if the budget for the contract does not include proposed 

24 funding for the costs of contract cancellation up to the can25 cellation ceiling established in the contract, the head of the 
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1 agency concerned shall give written notification to the con2 gressional defense committees of— 

3 ‘‘(A) the cancellation ceiling amounts planned 

4 for each program year in the proposed multiyear pro5 curement contract, together with the reasons for the 

6 amounts planned; 

7 ‘‘(B) the extent to which costs of contract can8 cellation are not included in the budget for the con9 tract; and 

10 ‘‘(C) a financial risk assessment of not including 

11 budgeting for costs of contract cancellation, including 

12 proposed funding sources to meet such cancellation 

13 costs if the contract is canceled.’’ 

14 SEC. 805. INCREASED THRESHOLD FOR REQUIRING CON15 TRACTORS TO PROVIDE SPECIFIED EM16 PLOYEE INFORMATION TO COOPERATIVE 

17 AGREEMENT HOLDERS. 

18 Section 2416(d) of title 10, United States Code, is 

19 amended by striking ‘‘$500,000’’ and inserting 

20 ‘‘$1,000,000’’. 

21 SEC. 806. EXTENSION OF AUTHORITY FOR USE OF SIM22 PLIFIED ACQUISITION PROCEDURES. 

23 Section 4202(e) of the Clinger-Cohen Act (division D 

24 of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 
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1 note) is amended by striking ‘‘January 1, 2006’’ and insert2 ing ‘‘October 1, 2009’’. 

3 SEC. 807. AUTHORITY TO ADJUST ACQUISITION-RELATED 

4 DOLLAR THRESHOLDS FOR INFLATION. 

5 (a) INFLATION ADJUSTMENT AUTHORITY.—The FAR 

6 Council and the heads of executive agencies may adjust the 

7 dollar thresholds in procurement laws in order to maintain 

8 the constant dollar value of the threshold, taking into ac9 count the effect of inflation on the threshold. 

10 (b) LIMITATION ON EXERCISE OF AUTHORITY.—Ad11 justments of dollar thresholds under subsection (a) may be 

12 carried out— 

13 (1) by the FAR Council only with respect to pro14 curement laws that apply to executive agencies gen15 erally; and 

16 (2) by the head of an executive agency only with 

17 respect to procurement laws that apply to that agency 

18 exclusively. 

19 (c) ADDITIONAL REQUIREMENTS.—In adjusting a 

20 threshold under subsection (a), the FAR Council and the 

21 head of an agency shall— 

22 (2) consult with the Director of the Office of 

23 Management and Budget; 

24 (3) round the threshold, to facilitate implementa25 tion; and 
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1 (4) publish the adjusted threshold in the Federal 

2 Register. 

3 (d) EXCLUSIONS.—This section does not apply to— 

4 (1) dollar thresholds in sections 3141 through 

5 3144, 3146, and 3147 of title 40, United States Code; 

6 (2) dollar thresholds in the Service Contract Act 

7 of 1965 (41 U.S.C. 351, et seq.); or 

8 (3) dollar thresholds established by the United 

9 States Trade Representative pursuant to title III of 

10 the Trade Agreements Act of 1979 (19 U.S.C. 2511 et 

11 seq.). 

12 (e) DEFINITIONS.—In this section: 

13 (1) The term ‘‘procurement law’’ means any pro14 vision of law that sets forth policies, procedures, re15 quirements, or restrictions for the procurement of 

16 property or services by the Federal Government. 

17 (2) The terms ‘‘executive agency’’ and ‘‘procure18 ment’’ have the meanings provided by section 4(1) of 

19 the Office of Federal Procurement Policy Act (41 

20 U.S.C. 403(1)) 

21 (3) The term ‘‘FAR Council’’ means the Federal 

22 Acquisition Regulatory Council established under sec23 tion 25 of the Office of Federal Procurement Policy 

24 Act (41 U.S.C. 421)). 
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1 Subtitle B—United States Defense 

2 Industrial Base Provisions 

3 SEC. 811. DEFENSE TRADE RECIPROCITY. 

4 (a) IN GENERAL.—Chapter 148 of title 10, United 

5 States Code, is amended by inserting after section 2532 the 

6 following new section: 

7 ‘‘§ 2532a. Defense trade reciprocity 

8 ‘‘(a) POLICY.—(1) It is the policy of Congress that pro9 curement regulations used in the conduct of trade in defense 

10 articles and defense services shall be based on the principle 

11 of fair trade and reciprocity consistent with United States 

12 national security, including the need to ensure comprehen13 sive manufacturing capability in the United States defense 

14 industrial base for military system essential items. 

15 ‘‘(2) The Secretary of Defense shall make every effort 

16 to ensure that the policies and practices of the Department 

17 of Defense reflect the goal of establishing an equitable trad18 ing relationship between the United States and its foreign 

19 defense trade partners, including ensuring that United 

20 States firms and United States employment in the defense 

21 sector are not disadvantaged by unilateral procurement 

22 practices by foreign governments, such as the imposition of 

23 offset agreements or similar requirements in defense pro24 curements by those governments. In pursuing this goal, the 

25 Secretary shall— 
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1 ‘‘(A) develop a comprehensive defense acquisition 

2 trade policy that provides the necessary guidance and 

3 incentives for the elimination of offset agreements as 

4 an accepted practice in defense trade; and 

5 ‘‘(B) review and make necessary modifications to 

6 existing acquisition policies and strategies, and re7 view and seek to make necessary modifications to ex8 isting memoranda of understanding, cooperative 

9 project agreements, or related agreements with foreign 

10 defense trade partners, to reflect this goal. 

11 ‘‘(b) REQUIREMENT.—The Secretary of Defense may 

12 not enter into a contract, or approve or permit any sub13 contract under a contract entered into by the Department 

14 of Defense, for the procurement of any defense article or 

15 defense service from a foreign firm unless the country in 

16 which the foreign firm performs substantially all of its 

17 manufacturing, production, and research and development 

18 activities in the performance of the contract (or sub19 contract) agrees to apply offset agreements to the procure20 ment of defense articles and defense services from the United 

21 States firms in the same manner and to the same degree 

22 as such agreements are applied by the Department of De23 fense to the procurement of defense articles and defense serv24 ices from that country. 
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1 ‘‘(c) EXCEPTION.—Subsection (b) does not apply to a 

2 contract or subcontract for the procurement of a defense ar3 ticle or defense service from a foreign firm if the Secretary 

4 of Defense determines in writing, with respect to the specific 

5 contract or subcontract, that an exception to subsection (b) 

6 is necessary for the Department to be able to meet national 

7 security objectives. 

8 ‘‘(d) NOTIFICATION REQUIRED WHEN EXCEPTION AP9 PLIED.—The Secretary of Defense may not apply an excep10 tion under subsection (c) until— 

11 ‘‘(1) a notification of the intent to apply such ex12 ception is submitted to the congressional defense com13 mittees and published in the Federal Register; and 

14 ‘‘(2) a period of 30 days has expired after the 

15 date on which such notification is so submitted and 

16 published. 

17 ‘‘(e) AUTHORITY TO APPLY EXCEPTION NOT DELE18 GABLE.—The authority of the Secretary to apply the excep19 tion under subsection (c) may not be delegated to any officer 

20 or employee in a position at a level lower than the position 

21 of the Under Secretary of Defense for Acquisition, Tech22 nology, and Logistics. 

23 ‘‘(f) REGULATIONS.—The Secretary shall prescribe reg24 ulations to implement this section in the Department of De25 fense supplement to the Federal Acquisition Regulation. 
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1 ‘‘(g) EFFECTIVE DATE.—This section and the regula2 tions prescribed under this section shall apply to contracts 

3 and subcontracts entered into on and after the date occur4 ring one year after the date of the enactment of this Act. 

5 ‘‘(h) DEFINITIONS.—In this section: 

6 ‘‘(1) The term ‘foreign firm’ means a business 

7 entity that performs substantially all of its manufac8 turing, production, and research and development ac9 tivities outside of the United States. 

10 ‘‘(2) The term ‘United States firm’ means a 

11 business entity that performs substantially all of its 

12 manufacturing, production, and research and develop13 ment activities in the United States. 

14 ‘‘(3) The term ‘foreign defense trade partner’ 

15 means a foreign country with respect to which there 

16 is— 

17 ‘‘(A) a memorandum of understanding or 

18 related agreement described in section 2531(a) of 

19 title 10, United States Code; or 

20 ‘‘(B) a cooperative project agreement de21 scribed in section 27 of the Arms Export Control 

22 Act (22 U.S.C. 2767). 

23 ‘‘(4) The term ‘offset agreement’ has the meaning 

24 provided that term by section 36(e) of the Arms Ex25 port Control Act (22 U.S.C. 2776(e)). 
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1 ‘‘(5) The terms ‘defense article’ and ‘defense serv2 ice’ have the meanings provided those terms by section 

3 47(7) of the Arms Export Control Act (22 U.S.C. 

4 2794(7)). 

5 ‘‘(6) The term ‘military system essential item’ 

6 means an item on the military system essential item 

7 breakout list produced pursuant to section 813(b) of 

8 the National Defense Authorization Act for Fiscal 

9 Year 2004 (P.L. 108–136; 117 Stat. 1544).’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of such chapter is amended by adding at the 

12 end the following new item: 

‘‘2532a. Defense trade reciprocity.’’. 

13 SEC. 812. AMENDMENTS TO DOMESTIC SOURCE REQUIRE14 MENTS. 

15 (a) NOTICE.—Section 2533a of title 10, United States 

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

17 subsection: 

18 ‘‘(k) NOTIFICATION REQUIRED WHEN CERTAIN EX19 CEPTIONS APPLIED.—(1) Funds appropriated or otherwise 

20 available to the Department of Defense may not be used 

21 to enter into a contract to procure an item described in 

22 subsection (b) pursuant to an exception set forth in sub23 section (c) or (e) until— 

24 ‘‘(A) a notification of the intent to apply such 

25 exception is submitted to Congress and posted on the 
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1 website maintained by the General Services Adminis2 tration known as FedBizOpps.gov (or any successor 

3 site); and 

4 ‘‘(B) a period of 15 days has expired after the 

5 date on which such notification is so submitted and 

6 published. 

7 ‘‘(2) In any case in which the Secretary of Defense 

8 or the Secretary of the military department concerned in9 tends to apply or applies the exception set forth in sub10 section (d)(1), the Secretary concerned shall submit to Con11 gress a notification of such intent or such application dur12 ing the period beginning six months before the date of appli13 cation of such exception and ending six months after the 

14 date of application of such exception.’’. 

15 (b) CLOTHING MATERIALS AND COMPONENTS COV16 ERED.—Subsection (b) of section 2533a of title 10, United 

17 States Code, is amended in paragraph (1)(B) by inserting 

18 before the semicolon the following: ‘‘and the materials and 

19 components thereof, other than sensors, electronics, or other 

20 items added to, and not normally associated with, clothing 

21 (and the materials and components thereof)’’. 
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1 SEC. 813. THREE-YEAR EXTENSION OF RESTRICTION ON AC2 QUISITION OF POLYACRYLONITRILE (PAN) 

3 CARBON FIBER FROM FOREIGN SOURCES. 

4 The Secretary of Defense shall delay by three years the 

5 phase-out of the restriction on acquisition of 

6 polyacrylonitrile (PAN) carbon fiber from foreign sources 

7 (described in subpart 225.7103 of the Department of De8 fense supplement to the Federal Acquisition Regulation). In 

9 implementing such delay, the Secretary shall revise the 

10 appplicable regulations to ensure that such restriction ap11 plies to— 

12 (1) solicitations and contracts issued on or before 

13 May 31, 2006, for major systems that are not yet in 

14 production; and 

15 (2) solicitations and contracts issued during the 

16 period beginning June 1, 2006, and ending May 31, 

17 2008, for major systems that are not yet in engineer18 ing and manufacturing development. 

19 SEC. 814. GRANT PROGRAM FOR DEFENSE CONTRACTORS 

20 TO IMPLEMENT STRATEGIES TO AVOID 

21 OUTSOURCING OF JOBS. 

22 (a) GRANT PROGRAM AUTHORIZED.—The Secretary of 

23 Defense may make grants under this section for fiscal year 

24 2005 to qualified defense contractor groups for the purposes 

25 described in subsection (b). 
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1 (b) GRANT PURPOSES.—A grant may be made under 

2 this section for the purpose of implementing a strategy to 

3 avoid the outsourcing of jobs by a defense contractor, includ4 ing the following strategies: 

5 (1) Cost-cutting measures. 

6 (2) Retraining programs. 

7 (3) Technology development. 

8 (4) Plant upgrades. 

9 (c) APPLICATION.—A grant may not be awarded under 

10 this section unless an application is submitted to, and ap11 proved by, the Secretary. Such an application— 

12 (1) shall be submitted by a qualified defense con13 tractor group in such form and manner as the Sec14 retary may require; and 

15 (2) shall contain— 

16 (A) a description of the strategy proposed 

17 for avoiding the outsourcing of at least 10 jobs 

18 in the performance of a defense contract by the 

19 defense contractor concerned; and 

20 (B) such other information as the Secretary 

21 may require. 

22 (d) DEFINITIONS.—In this section: 

23 (1) The term ‘‘qualified defense contractor 

24 group’’, with respect to a defense contractor, is a 

25 group or person representing— 
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1 (A) management of the contractor; 

2 (B) a labor organization that represents em3 ployees of the contractor; or 

4 (C) employees of the contractor. 

5 (2) The term ‘‘outsourcing’’, with respect to a de6 fense contract, includes the performance outside the 

7 United States of work under the contract. 

8 (e) FEDERAL SHARE.—The Federal share of the costs 

9 of the strategy carried out with a grant under this section 

10 may not exceed 50 percent. 

11 (f) USE OF DEFENSE INDUSTRIAL CAPABILITIES

12 FUND FOR GRANTS.—(1) Notwithstanding section 814(c) of 

13 the National Defense Authorization Act for Fiscal Year 

14 2004 (P.L. 108–136; 117 Stat. 1545), amounts in the De15 fense Industrial Base Capabilities Fund may be used for 

16 grants under this section. 

17 (2) For fiscal year 2005, up to $50,000,000 of amounts 

18 available in such Fund may be used to carry out this sec19 tion. 

20 (g) AUTHORIZATION OF FUNDS.—There are authorized 

21 to be appropriated to the Defense Industrial Base Capabili22 ties Fund $50,000,000 for purposes of providing grants 

23 under this section. 
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1 SEC. 815. PREFERENCE FOR DOMESTIC FREIGHT FOR2 WARDING SERVICES. 

3 (a) PREFERENCE.—In the procurement of transpor4 tation services described in subsection (b), the Secretary of 

5 Defense shall give preference to any freight forwarder 

6 that— 

7 (1) certifies to the Department of Defense that it 

8 is owned and controlled by citizens of the United 

9 States; and 

10 (2) offers services at fair and reasonable rates. 

11 (b) SERVICES COVERED.—Subsection (a) applies to 

12 transportation services to, from, or within Iraq or Afghani13 stan, and warehousing, logistics, or other similar services 

14 performed within Iraq or Afghanistan. 

15 Subtitle C—Other Acquisition 

16 Matters 

17 SEC. 821. SUSTAINMENT AND MODERNIZATION PLANS FOR 

18 EXISTING SYSTEMS WHILE REPLACEMENT 

19 SYSTEMS ARE UNDER DEVELOPMENT. 

20 (a) EXISTING SYSTEMS TO BE MAINTAINED WHILE

21 REPLACEMENT SYSTEMS ARE UNDER DEVELOPMENT.—(1) 

22 Chapter 144 of title 10, United States Code, is amended 

23 by inserting after section 2436 the following new section: 
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1 ‘‘§ 2437. Development of major defense acquisition 

2 programs: sustainment and moderniza3 tion of system to be replaced 

4 ‘‘(a) REQUIREMENT FOR SUSTAINING AND MODERN5 IZING EXISTING FORCES.—(1) The Secretary of Defense 

6 shall require that, whenever a new major defense acquisi7 tion program begins development, the defense acquisition 

8 authority responsible for that program shall develop a plan 

9 (to be known as a sustainment and modernization plan) 

10 for the existing system that the system under development 

11 is intended to replace. Any such sustainment and mod12 ernization plan shall provide for budgeting, sustaining, and 

13 modernizing the existing system until the replacement sys14 tem to be developed under the major defense acquisition pro15 gram is fielded and assumes the majority responsibility for 

16 the mission of the existing system. This section does not 

17 apply to a major defense acquisition that reaches initial 

18 operational capability before October 1, 2008. 

19 ‘‘(2) In this section, the term ‘‘defense acquisition au20 thority’’ means the Secretary of a military department or 

21 the commander of the United States Special Operations 

22 Command. 

23 ‘‘(b) SUSTAINMENT AND MODERNIZATION PLAN.—The 

24 Secretary of Defense shall require that each sustainment 

25 and modernization plan under this section include, at a 

26 minimum, the following: 
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1 ‘‘(1) The milestone schedule for the development 

2 of the major defense acquisition program, including 

3 low-rate initial production, initial operational capa4 bility, full-rate production, full operational capa5 bility, and the date when the replacement system as6 sumes the majority responsibility for the mission of 

7 the existing system. 

8 ‘‘(2) An analysis of the existing system to deter9 mine the following: 

10 ‘‘(A) A sustainment plan and budget re11 quirements necessary to provide service life ex12 tension to the existing system at acceptable reli13 ability and availability rates. 

14 ‘‘(B) A modernization plan and budget re15 quirements necessary to maintain mission capa16 bility against the relevant threats. 

17 ‘‘(C) A modernization plan and budget re18 quirements necessary— 

19 ‘‘(i) to transfer mature technologies 

20 from the new system or other systems so 

21 that the mission capability of the existing 

22 system is enhanced against relevant threats; 

23 and 

24 ‘‘(ii) to provide interoperability with 

25 the new system during the period from ini-
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1 tial fielding until the new system assumes 

2 the majority of responsibility for the mis3 sion of the existing system. 

4 ‘‘(c) ANNUAL REVIEW.—Each fiscal year, before the 

5 submission to Congress of the President’s budget for the next 

6 fiscal year, the Secretary of Defense shall review the sched7 ule performance of each replacement major defense acquisi8 tion program for which a sustainment and modernization 

9 plan has been developed under this section to compare that 

10 performance with the schedule set forth under subsection 

11 (b)(1). If the schedule for the program has changed, then 

12 the Secretary shall notify the congressional defense commit13 tees of such change. 

14 ‘‘(d) EXCEPTIONS.—Subsection (a) shall not apply to 

15 a major defense acquisition program if the Secretary of De16 fense determines that— 

17 ‘‘(1) the existing system is no longer relevant to 

18 the mission; 

19 ‘‘(2) the mission has been eliminated; 

20 ‘‘(3) the mission has been consolidated with an21 other mission in such a manner that another existing 

22 system can adequately meet the mission requirements; 

23 or 

24 ‘‘(4) the duration of time until the new system 

25 assumes the majority of responsibility for the existing 
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1 system’s mission is sufficiently short so that mission 

2 availability, capability, interoperability, and force 

3 protection requirements are maintained. 

4 ‘‘(e) WAIVER.—The Secretary of Defense may waive 

5 the applicability of subsection (a) to a major defense acqui6 sition program if the Secretary determines that, but for 

7 such a waiver, the Department would be unable to meet na8 tional security objectives. Whenever the Secretary makes 

9 such a determination and authorizes such a waiver, the Sec10 retary shall submit notice of such waiver and of the Sec11 retary’s determination and the reasons therefor in writing 

12 to the congressional defense committees.’’. 

13 (2) The table of sections at the beginning of such chap14 ter is amended by inserting after the item relating to section 

15 2436 the following new item: 

‘‘2437. Development of major defense acquisition programs: sustainment and modernization of system to be replaced .’’. 

16 (b) APPLICATION TO EXISTING PROGRAMS IN DEVEL17 OPMENT.—Section 2437 of title 10, United States Code, as 

18 added by subsection (a), shall apply with respect to a major 

19 defense acquisition program that is under development as 

20 of the date of the enactment of this Act and is not expected 

21 to reach initial operational capability before October 1, 

22 2008. The Secretary of Defense shall require that a 

23 sustainment and modernization plan under that section be 

24 developed not later than one year after the date of the enact-
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1 ment of this Act for the existing system that the system 

2 under development is intended to replace. 

3 SEC. 822. REVIEW AND DEMONSTRATION PROJECT RELAT4 ING TO CONTRACTOR EMPLOYEES. 

5 (a) GENERAL REVIEW.—(1) The Secretary of Defense 

6 shall conduct a review of policies, procedures, practices, and 

7 penalties of the Department of Defense relating to employees 

8 of defense contractors for purposes of ensuring that the De9 partment of Defense is in compliance with Executive Order 

10 No. 12989 (relating to a prohibition on entering into con11 tracts with contractors that are not in compliance with the 

12 Immigration and Nationality Act). 

13 (2) In conducting the review, the Secretary shall— 

14 (A) identify potential weaknesses and areas for 

15 improvement in existing policies, procedures, prac16 tices, and penalties; 

17 (B) develop and implement reforms to strength18 en, upgrade, and improve policies, procedures, prac19 tices, and penalties of the Department of Defense and 

20 its contractors; and 

21 (C) review and analyze reforms developed pursu22 ant to this paragraph to identify for purposes of na23 tional implementation those which are most efficient 

24 and effective. 
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1 (3) The review under this subsection shall be completed 

2 not later than 180 days after the date of the enactment of 

3 this Act. 

4 (b) DEMONSTRATION PROJECT.—The Secretary of De5 fense shall conduct a demonstration project in accordance 

6 with this section, in one or more regions selected by the Sec7 retary, for purposes of promoting greater contracting oppor8 tunities for contractors offering effective, reliable staffing 

9 plans to perform defense contracts that ensure all contract 

10 personnel employed for such projects, including manage11 ment employees, professional employees, craft labor per12 sonnel, and administrative personnel, are lawful residents 

13 or persons properly authorized to be employed in the United 

14 States and properly qualified to perform services required 

15 under the contract. The demonstration project shall focus 

16 on contracts for construction, renovation, maintenance, and 

17 repair services for military installations. 

18 (c) DEMONSTRATION PROJECT PROCUREMENT PROCE19 DURES.—As part of the demonstration project under sub20 section (b), the Secretary of Defense shall conduct a com21 petition in which there is a provision in contract solicita22 tions and request for proposal documents to require signifi23 cant weight or credit be allocated to— 

24 (1) reliable, effective workforce programs offered 

25 by prospective contractors that provide background 
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1 checks and other measures to ensure the contractor is 

2 in compliance with the Immigration and Nationality 

3 Act; and 

4 (2) reliable, effective project staffing plans offered 

5 by prospective contractors that specify for all contract 

6 employees (including management employees, profes7 sionals, and craft labor personnel) the skills, training, 

8 and qualifications of such persons and the labor sup9 ply sources and hiring plans or procedures used for 

10 employing such persons. 

11 (d) IMPLEMENTATION OF DEMONSTRATION

12 PROJECT.—The Secretary of Defense shall begin operation 

13 of the demonstration project required under this section 

14 after completion of the review under subsection (a), but in 

15 no event later than 270 days after the date of the enactment 

16 of this Act. 

17 (e) REPORT ON DEMONSTRATION PROJECT.—Not later 

18 than six months after award of a contract under the dem19 onstration project, the Secretary of Defense shall submit to 

20 the Committees on Armed Services of the Senate and House 

21 of Representatives a report setting forth a review of the 

22 demonstration project and recommendations on the actions, 

23 if any, that can be implemented to ensure compliance by 

24 the Department of Defense with Executive Order No. 12989. 
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1 (f) DEFINITION.—In this section, the term ‘‘military 

2 installation’’ means a base, camp, post, station, yard, cen3 ter, homeport facility for any ship, or other activity under 

4 the jurisdiction of the Department of Defense, including any 

5 leased facility, which is located within any of the several 

6 States, the District of Columbia, the Commonwealth of 

7 Puerto Rico, American Samoa, the Virgin Islands, or 

8 Guam. Such term does not include any facility used pri9 marily for civil works, rivers and harbors projects, or flood 

10 control projects. 

11 SEC. 823. DEFENSE ACQUISITION WORKFORCE LIMITATION 

12 AND REPORTS. 

13 (a) DEFENSE ACQUISITION AND SUPPORT PERSONNEL

14 LIMITATION.—(1) Effective October 1, 2005, the number of 

15 defense acquisition and support personnel in the Depart16 ment of Defense may not exceed 95 percent of the baseline 

17 number. 

18 (2) For purposes of paragraph (1), the baseline number 

19 is the number of defense acquisition and support personnel 

20 as of October 1, 2004. 

21 (3) All determinations of personnel strengths for pur22 poses of this section shall be on the basis of full-time equiva23 lent positions. 

24 (b) GAO STUDY AND REPORT ON DEFENSE ACQUISI25 TION AND SUPPORT PERSONNEL.—(1) The Comptroller 
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1 General shall conduct a study of Department of Defense 

2 management of defense acquisition and support personnel. 

3 The study shall include— 

4 (A) an analysis of the number and structure of 

5 defense acquisition and support personnel; and 

6 (B) an assessment of the size, mission, composi7 tion, and projected workload requirements of defense 

8 acquisition and support personnel. 

9 (2) The Comptroller General shall submit to the Com10 mittees on Armed Services of the Senate and the House of 

11 Representatives a report on the results of the study con12 ducted under this subsection not later than March 1, 2005. 

13 (c) DEFENSE ACQUISITION UNIVERSITY STUDY AND

14 REPORT ON DEFENSE ACQUISITION AND SUPPORT PER15 SONNEL.—(1) The Defense Acquisition University shall 

16 conduct a study of all the training programs offered to de17 fense acquisition and support personnel. 

18 (2) The Defense Acquisition University shall submit 

19 to the Committees on Armed Services of the Senate and the 

20 House of Representatives a report on the results of the study 

21 conducted under this subsection not later than March 1, 

22 2005. The report shall include— 

23 (A) the number of individuals currently certified 

24 within the field they are working in; and 
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1 (B) recommendations on how to improve edu2 cation and productivity for defense acquisition and 

3 support personnel, including recommendations for ad4 ditional training program requirements. 

5 (d) DEFINITION.—In this section, the term ‘‘defense ac6 quisition and support personnel’’ means members of the 

7 Armed Forces and civilian personnel (other than civilian 

8 personnel who are employed at a maintenance depot) who 

9 are assigned to, or employed in, acquisition organizations 

10 of the Department of Defense (as specified in Department 

11 of Defense Instruction numbered 5000.58, dated January 

12 14, 1992), and any other organization that, as determined 

13 by the Secretary, has acquisition as its predominant mis14 sion. 

15 SEC. 824. PROVISION OF INFORMATION TO CONGRESS TO 

16 ENHANCE TRANSPARENCY IN CONTRACTING. 

17 Upon request of the chairman or ranking member of 

18 the Committee on Armed Services of the Senate or House 

19 of Representatives, the Secretary of Defense shall provide, 

20 with respect to any contract or task or delivery order under 

21 a task or delivery order contract entered into by the Depart22 ment of Defense, within 14 days after receipt of the request, 

23 unredacted copies of any documents required to be main24 tained in the contracting office contract file, the contract 

25 administration office contract file, and the paying office 
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1 contract file pursuant to subpart 4.8 of the Federal Acquisi2 tion Regulation, including— 

3 (1) copies of the contract and all modifications; 

4 (2) orders issued under the contract; 

5 (3) justifications and approvals; 

6 (4) any government estimate of contract price; 

7 (5) source selection documentation; 

8 (6) cost or price analysis; 

9 (7) audit reports; 

10 (8) justification for type of contract; 

11 (9) authority for deviations from regulations, 

12 statutory requirements, or other restrictions; 

13 (10) bills, invoices, vouchers, and supporting 

14 documents; and 

15 (11) records of payments or receipts. 

16 TITLE IX—DEPARTMENT OF 

17 DEFENSE ORGANIZATION 

18 AND MANAGEMENT 

19 SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY 

20 TO SECRETARY OF THE NAVY AND MARINE 

21 CORPS. 

22 (a) CHANGE IN TITLE.—The position of the Secretary 

23 of the Navy is hereby redesignated as the Secretary of the 

24 Navy and Marine Corps. 
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1 (b) REFERENCES.—Any reference to the Secretary of 

2 the Navy in any law, regulation, document, record, or other 

3 paper of the United States shall be considered to be a ref4 erence to the Secretary of the Navy and Marine Corps. 

5 SEC. 902. TRANSFER OF CENTER FOR THE STUDY OF CHI6 NESE MILITARY AFFAIRS FROM NATIONAL 

7 DEFENSE UNIVERSITY TO UNITED STATES8 CHINA ECONOMIC AND SECURITY REVIEW 

9 COMMISSION. 

10 (a) TRANSFER.—The Center for the Study of Chinese 

11 Military Affairs established by section 914 of the National 

12 Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 

13 2165 note) is transferred from the National Defense Univer14 sity of the Department of Defense to the United States15 China Economic and Security Review Commission. 

16 (b) CONFORMING AMENDMENT.—Subsection (a) of sec17 tion 914 of the National Defense Authorization Act for 2000 

18 (10 U.S.C. 2165 note) is amended to read as follows: 

19 ‘‘(a) ESTABLISHMENT.—There shall be a Center for the 

20 Study of Chinese Military Affairs organized under the 

21 United States-China Economic and Security Review Com22 mission established by section 1238 of the Floyd D. Spence 

23 National Defense Authorization Act for Fiscal Year 2001 

24 (22 U.S.C. 7002).’’. 
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1 (c) REPEAL OF OBSOLETE PROVISIONS.—Such section 

2 is further amended by striking subsections (d) and (e). 

3 (d) TECHNICAL AMENDMENTS TO COMMISSION CHAR4 TER.—(1) Section 1238(c) of the Floyd D. Spence National 

5 Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 

6 7002) is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘(beginning in 2002)’’; and 

9 (B) by adding at the end the following new 

10 sentence: ‘‘The report shall include a full discus11 sion of the activities of the Commission under 

12 each of the subparagraphs of paragraph (2).’’; 

13 and 

14 (2) in paragraph (2)— 

15 (A) by striking the matter preceding sub16 paragraph (A) and inserting the following: 

17 ‘‘(2) AREAS OF FOCUS.—The Commission shall 

18 focus, in lieu of any other area of work or study, on 

19 the following:’’; and 

20 (B) by replacing subparagraphs (A) through 

21 (J) with the text of subparagraphs (A) through 

22 (I) of section 2(c)(2) of division P of Public Law 

23 108–7 (22 U.S.C. 7002 note). 

24 (2) Section 2(c)(2) of division P of Public Law 108– 

25 7 (22 U.S.C. 7002 note) is repealed. 
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1 (e) EFFECTIVE DATE.—Subsection (a) and the amend2 ment made by subsection (b) shall take effect at the end 

3 of the 90-day period beginning on the date of the enactment 

4 of this Act. 

5 SEC. 903. TRANSFER TO SECRETARY OF THE ARMY OF RE6 SPONSIBILITY FOR ASSEMBLED CHEMICAL 

7 WEAPONS ALTERNATIVES PROGRAM. 

8 Effective January 1, 2005, the text of section 142 of 

9 the Strom Thurmond National Defense Authorization Act 

10 for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1521 

11 note) is amended to read as follows: 

12 ‘‘(a) PROGRAM MANAGEMENT.—(1) The program 

13 manager for the Assembled Chemical Weapons Alternatives 

14 program shall report to the Secretary of the Army. 

15 ‘‘(2) The Secretary of the Army shall provide for that 

16 program to be managed as part of the management organi17 zation within the Department of the Army specified in sec18 tion 1412(e) of Public Law 99–145 (50 U.S.C. 1521(e)). 

19 ‘‘(b) CONTINUED IMPLEMENTATION OF PREVIOUSLY

20 SELECTED ALTERNATIVE TECHNOLOGIES.—(1) In car21 rying out the destruction of lethal chemical munitions at 

22 Pueblo Chemical Depot, Colorado, the Secretary of the 

23 Army shall continue to implement fully the alternative tech24 nology for such destruction at that depot selected by the 
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1 Under Secretary of Defense for Acquisition, Technology, 

2 and Logistics on July 16, 2002. 

3 ‘‘(2) In carrying out the destruction of lethal chemical 

4 munitions at Blue Grass Army Depot, Kentucky, the Sec5 retary of the Army shall continue to implement fully the 

6 alternative technology for such destruction at that depot se7 lected by the Under Secretary of Defense for Acquisition, 

8 Technology, and Logistics on February 3, 2003.’’. 

9 SEC. 904. MODIFICATION OF OBLIGATED SERVICE REQUIRE10 MENTS UNDER NATIONAL SECURITY EDU11 CATION PROGRAM. 

12 (a) IN GENERAL.—Subsection (b)(2) of section 802 of 

13 the David L. Boren National Security Education Act of 

14 1991 (50 U.S.C. 1902) is amended by striking subpara15 graphs (A) and (B), as added by section 925(a) of the Na16 tional Defense Authorization Act for Fiscal Year 2004 (Pub17 lic Law 108–136; 117 Stat. 1578), and inserting the fol18 lowing: 

19 ‘‘(A) in the case of a recipient of a scholar20 ship, as soon as practicable but in no case later 

21 than three years after the completion by the re22 cipient of the study for which scholarship assist23 ance was provided under the program, the re24 cipient shall work for a period of one year— 
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1 ‘‘(i) in a national security position 

2 that the Secretary certifies is appropriate to 

3 use the unique language and region exper4 tise acquired by the recipient pursuant to 

5 such study in the Department of Defense, in 

6 any element of the intelligence community, 

7 in the Department of Homeland Security, 

8 or in the Department of State; or 

9 ‘‘(ii) in such a position in any other 

10 Federal department or agency not referred 

11 to in clause (i) if the recipient demonstrates 

12 to the Secretary that no position is avail13 able in a Federal department or agency 

14 specified in clause (i); or 

15 ‘‘(B) in the case of a recipient of a fellow16 ship, as soon as practicable but in no case later 

17 than two years after the completion by the re18 cipient of the study for which fellowship assist19 ance was provided under the program, the re20 cipient shall work for a period equal to the dura21 tion of assistance provided under the program, 

22 but in no case less than one year— 

23 ‘‘(i) in a position described in sub24 paragraph (A)(i) that the Secretary certifies 

25 is appropriate to use the unique language 
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1 and region expertise acquired by the recipi2 ent pursuant to such study; or 

3 ‘‘(ii) in such a position in any other 

4 Federal department or agency not referred 

5 to in clause (i) if the recipient demonstrates 

6 to the Secretary that no position is avail7 able in a Federal department or agency 

8 specified in clause (i); and’’. 

9 (b) REGULATIONS.—The Secretary of Defense shall 

10 prescribe regulations to carry out the amendment made by 

11 subsection (a). In prescribing such regulations, the Sec12 retary shall establish standards that recipients of scholar13 ship and fellowship assistance under the program under 

14 such section 802 are required to demonstrate to satisfy the 

15 requirement of a good faith effort to gain employment as 

16 required under subparagraphs (A) and (B) of subsection 

17 (b)(2) of such section. 

18 (c) APPLICABILITY.—(1) The amendment made by sub19 section (a) shall apply with respect to service agreements 

20 entered into under the David L. Boren National Security 

21 Education Act of 1991 on or after the date of the enactment 

22 of this Act. 

23 (2) The amendment made by subsection (a) shall not 

24 affect the force, validity, or terms of any service agreement 

25 entered into under the David L. Boren National Security 
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1 Education Act of 1991 before the date of the enactment of 

2 this Act that is in force as of that date. 

3 SEC. 905. CHANGE OF MEMBERSHIP OF CERTAIN COUNCILS. 

4 (a) MEMBERSHIP OF ARMED FORCES POLICY COUN5 CIL.—Section 171(a) of title 10, United States Code, is 

6 amended by adding at the end the following new paragraph: 

7 ‘‘(14) The Commandant of the Coast Guard, for 

8 discussion of matters pertaining to the Coast 

9 Guard.’’. 

10 (b) MEMBERSHIP OF COUNCIL UNDER SECTION 179.— 

11 Subsection (a) of section 179 of title 10, United States Code, 

12 is amended by adding at the end the following new para13 graph: 

14 ‘‘(4) The Under Secretary of Defense for Pol15 icy.’’. 

16 (b) CONFORMING AND CLARIFYING AMENDMENTS.— 

17 Such subsection is further amended in the matter preceding 

18 paragraph (1)— 

19 (1) by striking ‘‘Joint’’; and 

20 (2) by striking ‘‘composed of three members as 

21 follows:’’ and inserting ‘‘operated as a joint activity 

22 of the Department of Defense and the Department of 

23 Energy. The membership of the Council is comprised 

24 of the following officers of those departments:’’. 
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1 (c) OTHER TECHNICAL AND CLARIFYING AMEND2 MENTS.—Such section is further amended as follows: 

3 (1) Subsection (c)(3)(B) is amended by striking 

4 ‘‘appointed’’ and inserting ‘‘designated’’. 

5 (2) Subsection (e) is amended by striking ‘‘In 

6 addition’’ and all that follows through ‘‘also’’ and in7 serting ‘‘The Council shall’’. 

8 (3) Subsection (f) is amended by striking ‘‘Com9 mittee on’’ the first place it appears and all that fol10 lows through ‘‘Representatives’’ and inserting ‘‘con11 gressional defense committees’’. 

12 (d) STYLISTIC AMENDMENTS.—Such section is further 

13 amended as follows: 

14 (1) Subsection (a) is amended by inserting ‘‘ES15 TABLISHMENT; MEMBERSHIP.—’’ after ‘‘(a)’’. 

16 (2) Subsection (b) is amended by inserting 

17 ‘‘CHAIRMAN; MEETINGS.—’’ after ‘‘(b)’’. 

18 (3) Subsection (c) is amended by inserting 

19 ‘‘STAFF AND ADMINISTRATIVE SERVICES; STAFF DI20 RECTOR.—’’ after ‘‘(c)’’. 

21 (4) Subsection (d) is amended by inserting ‘‘RE22 SPONSIBILITIES.—’’ after ‘‘(d)’’. 

23 (5) Subsection (e) is amended by inserting ‘‘RE24 PORT ON DIFFICULTIES RELATING TO SAFETY OR

25 RELIABILITY.—’’ after ‘‘(e)’’. 
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1 (6) Subsection (f) is amended by inserting ‘‘AN2 NUAL REPORT.—’’ after ‘‘(f)’’. 

3 (e) FURTHER CONFORMING AMENDMENT.—Section 

4 3212(e) of the National Nuclear Security Administration 

5 Act (50 U.S.C. 2402(e)) is amended— 

6 (1) by striking ‘‘JOINT’’ in the subsection head7 ing; and 

8 (2) by striking ‘‘Joint’’. 

9 SEC. 906. ACTIONS TO PREVENT THE ABUSE OF DETAINEES. 

10 (a) POLICIES REQUIRED.—The Secretary of Defense 

11 shall prescribe policies regarding procedures for the Armed 

12 Forces and other elements of the Department of Defense and 

13 contractor personnel of the Department of Defense intended 

14 to prevent the conditions leading to acts of abuse of detain15 ees who are held by the United States as part of the Global 

16 War on Terrorism. Policies under this subsection shall be 

17 prescribed not later than 120 days after the date of the en18 actment of this Act. 

19 (b) MATTERS TO BE INCLUDED.—In order to achieve 

20 the objective stated in subsection (a), the policies on the pre21 vention of abuse of detainees under that subsection shall 

22 specify, at a minimum, procedures for the following: 

23 (1) Ensuring that commanders of detention fa24 cilities and commanders of interrogation facilities 

25 provide all assigned personnel (including contractor 
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1 personnel) with training, and documented acknowl2 edgement of receiving training, regarding the Geneva 

3 Convention Relative to the Treatment of Prisoners of 

4 War and established Standing Operating Procedures 

5 for the treatment of detainees. Training provided 

6 under this paragraph to contractor personnel shall be 

7 at least comparable in degree to that provided to 

8 members of the Armed Forces. 

9 (2) Providing all detainees with information, in 

10 their own language, of the protections afforded under 

11 the Geneva Convention Relative to the Treatment of 

12 Prisoners of War. 

13 (3) Conducting periodic unannounced and an14 nounced inspections of prisons and other areas where 

15 detainees are held in order to provide continued over16 sight of interrogation and detention operations. 

17 (4) Prohibiting contact between male guards and 

18 female detainees and between female guards and male 

19 detainees, except under exigent circumstances. 

20 (c) REPORTS TO CONGRESS.—The Secretary of Defense 

21 shall submit to the Committees on Armed Services of the 

22 Senate and House of Representatives— 

23 (1) a copy of the policies prescribed pursuant to 

24 subsection (a), immediately after those policies are 

25 prescribed; and 
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1 (2) a report on the implementation of those poli2 cies, not later than one year after the date on which 

3 those policies are prescribed. 

4 SEC. 907. RESPONSES TO CONGRESSIONAL INQUIRIES. 

5 (a) IN GENERAL.—(1) Chapter 3 of title 10, United 

6 States Code, is amended by inserting after section 113a the 

7 following new section: 

8 ‘‘§ 113b. Response to congressional inquiries 

9 ‘‘Whenever the Secretary of Defense or any other offi10 cial of the Department of Defense is requested by the chair11 man of the Committee on Armed Services of the Senate or 

12 the chairman of the Committee on Armed Services of the 

13 House of Representatives to respond to a question or in14 quiry submitted by the chairman or another member of that 

15 committee pursuant to a committee hearing or other activ16 ity, the Secretary (or other official) shall respond to the re17 quest, in writing, within 21 days of the date on which the 

18 request is transmitted to the Secretary (or other official).’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of such chapter is amended by inserting after 

21 the item relating to section 113a the following new item: 

‘‘113b. Response to congressional inquiries.’’. 
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1 TITLE X—GENERAL PROVISIONS 

2 Subtitle A—Financial Matters 

3 SEC. 1001. TRANSFER AUTHORITY. 

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) 

5 Upon determination by the Secretary of Defense that such 

6 action is necessary in the national interest, the Secretary 

7 may transfer amounts of authorizations made available to 

8 the Department of Defense in this division for fiscal year 

9 2005 between any such authorizations for that fiscal year 

10 (or any subdivisions thereof). Amounts of authorizations so 

11 transferred shall be merged with and be available for the 

12 same purposes as the authorization to which transferred. 

13 (2) The total amount of authorizations that the Sec14 retary may transfer under the authority of this section may 

15 not exceed $3,000,000,000. Of such amount, $500,000,000 

16 may be used only for a transfer from an account for an 

17 active component to an account for a reserve component, 

18 or from an account of a reserve component to an account 

19 of an active component, of the same Armed Force. 

20 (b) LIMITATIONS.—The authority provided by this sec21 tion to transfer authorizations— 

22 (1) may only be used to provide authority for 

23 items that have a higher priority than the items from 

24 which authority is transferred; 
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1 (2) may not be used to provide authority for an 

2 item that has been denied authorization by Congress; 

3 and 

4 (3) may not be combined with the authority pro5 vided under section 1522. 

6 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans7 fer made from one account to another under the authority 

8 of this section shall be deemed to increase the amount au9 thorized for the account to which the amount is transferred 

10 by an amount equal to the amount transferred. 

11 (d) NOTICE TO CONGRESS.—The Secretary shall 

12 promptly notify Congress of each transfer made under sub13 section (a). 

14 SEC. 1002. BUDGET JUSTIFICATION DOCUMENTS FOR OPER15 ATION AND MAINTENANCE. 

16 (a) IN GENERAL.—(1) Chapter 9 of title 10, United 

17 States Code, is amended by adding at the end the following 

18 new section: 

19 ‘‘§ 232. Operations and maintenance budget presen20 tation 

21 ‘‘(a) IN GENERAL.—In this section 

22 ‘‘(1) The term ‘O&M justification documents’ 

23 means Department of Defense budget justification 

24 documents with respect to accounts for operation and 

25 maintenance submitted to the congressional defense 
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1 committees in support of the Department of Defense 

2 component of the President’s budget for any fiscal 

3 year. 

4 ‘‘(2) The term ‘President’s budget’ means the 

5 budget of the President submitted to Congress under 

6 section 1105 of title 31 for any fiscal year. 

7 ‘‘(3) The term ‘current year’ means the fiscal 

8 year during which the President’s budget is submitted 

9 in any year. 

10 ‘‘(b) IDENTIFICATION OF BASELINE AMOUNTS IN O&M 

11 JUSTIFICATION DOCUMENTS.—In any case in which the 

12 amount requested in the President’s budget for a fiscal year 

13 for a Department of Defense operations and maintenance 

14 program, project, or activity is different from the amount 

15 appropriated for that program, project, or activity for the 

16 current year, the O&M justification documents supporting 

17 that budget shall identify that appropriated amount and 

18 the difference between that amount and the amount re19 quested in the budget, stated as an amount and as a per20 centage. 

21 ‘‘(c) PERSONAL SERVICE CONTRACTS.—In the O&M 

22 justification documents for any fiscal year, costs pro23 grammed in the budget for that fiscal year for Department 

24 of Defense for personal service contracts, and the number 

25 of personal service contractors to be used by the Department 
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1 of Defense during that fiscal year who will be compensated 

2 at an annual rate in excess of the annual rate of salary 

3 of the Vice President under section 104 of title 3, shall be 

4 separately set forth and identified. 

5 ‘‘(d) NAVY SUBACTIVITIES FOR SHIP DEPOT MAINTE6 NANCE AND FOR INTERMEDIATE SHIP MAINTENANCE.—In 

7 the O&M justification documents for the Navy for any fiscal 

8 year, amounts requested for ship depot maintenance and 

9 amounts requested for intermediate ship maintenance shall 

10 be set forth as separate budget subactivity groups. 

11 ‘‘(e) CIVILIAN AVERAGE SALARY COSTS.—In the O&M 

12 justification documents for any fiscal year, average civilian 

13 salary costs, shown by subactivity group, shall be set forth 

14 as a component of the personnel summary exhibit.’’. 

15 (2) The table of sections at the beginning of such chap16 ter is amended by adding at the end the following new item: 

‘‘232. Operations and maintenance budget presentation.’’. 

17 (b) COMPONENTS OF LINE ITEMS FOR OTHER COSTS

18 AND OTHER CONTRACTS.—Not later than March 1, 2005, 

19 the Secretary of Defense shall submit to the congressional 

20 defense committees a report setting forth the component ele21 ments of the line items identified as ‘‘Other Costs’’ and 

22 ‘‘Other Contracts’’ in the exhibit identified as ‘‘Summary 

23 of Price and Program Changes’’ in the budget justification 

24 materials submitted to those committees in support of the 

25 budget for fiscal year 2006. 
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1 SEC. 1003. RETENTION OF FEES FROM INTELLECTUAL 

2 PROPERTY LICENSES. 

3 (a) IN GENERAL.—Chapter 165 of title 10, United 

4 States Code, is amended by adding at the end the following 

5 new section: 

6 ‘‘§ 2788. Licensing of intellectual property of the mili7 tary departments; authority to charge and 

8 retain fees 

9 ‘‘(a) AUTHORITY TO RETAIN FEES.—(1) Under regu10 lations prescribed by the Secretary of Defense, the Secretary 

11 concerned may license trademarks, service marks, certifi12 cation marks, and collective marks owned by a military de13 partment and may retain and expend fees received from 

14 such licensing in accordance with subsection (b). 

15 ‘‘(2) In this section, the terms ‘trademark’, ‘service 

16 mark’, ‘certification mark’, ‘collective mark’, and ‘mark’ 

17 have the meanings given those terms in section 45 of the 

18 Trademark Act of 1946 (15 U.S.C. 1127). 

19 ‘‘(b) USE OF LICENSING FEES.—(1) Funds received by 

20 a military department from licensing under subsection 

21 (a)(1) shall be used for the expenses incurred by the depart22 ment in securing the registration of marks owned by the 

23 department and in licensing those marks. 

24 ‘‘(2) If the amount of fees received by a military de25 partment during any fiscal year from the licensing of 

26 marks exceeds the anticipated expenses under paragraph (1) 
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1 during that year, the Secretary concerned may designate 

2 those funds as excess and expend them as provided in para3 graph (3). 

4 ‘‘(3) Not more than 50 percent of any such excess funds 

5 shall be available for military personnel recruiting and re6 tention activities of the department. The remainder of such 

7 funds shall be available for morale, welfare, and recreation 

8 activities of the department. 

9 ‘‘(4) Funds received pursuant to subsection (a)(1) shall 

10 remain available for two years after the end of the fiscal 

11 year during which the funds are received.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of such chapter is amended by adding at the 

14 end the following new item: 

‘‘2788. Licensing of intellectual property of the military departments; authority 

to charge and retain fees.’’. 

15 SEC. 1004. AUTHORITY TO WAIVE CLAIMS OF THE UNITED 

16 STATES WHEN AMOUNTS RECOVERABLE ARE 

17 LESS THAN COSTS OF COLLECTION. 

18 (a) AUTHORITY.—Chapter 165 of title 10, United 

19 States Code, is amended by inserting after section 2780 the 

20 following new section: 

21 ‘‘§ 2780a. Debt collection: general waiver authority for 

22 small amounts owed the United States 

23 ‘‘(a) AUTHORITY.—In the case of an indebtedness to 

24 the United States described in subsection (b) that is for an 
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1 amount that is less than the threshold amount specified in 

2 subsection (c), the Secretary of Defense may, under regula3 tions prescribed under this section, cancel the indebtedness 

4 and waive recovery of the amount owed. Such authority 

5 may be used only when, based on a cost-benefit analysis, 

6 the Secretary determines that the costs of collection are ex7 pected to exceed the amount recoverable. 

8 ‘‘(b) COVERED DEBTS.—(1) Except as provided in 

9 paragraph (2), this section applies with respect to amounts 

10 owed to the United States that arise out of the activities 

11 of, or that are referred to, the Department of Defense (in12 cluding amounts owed by members of the armed forces and 

13 Department of Defense civilian personnel). 

14 ‘‘(2) The authority under this section does not apply 

15 to amounts owed to the United States arising out of activi16 ties of the Department of Defense that have been referred 

17 to another executive agency for collection action or that are 

18 otherwise within the purview of another executive agency. 

19 ‘‘(c) MAXIMUM AMOUNT WAIVABLE.—The threshold 

20 amount referred to in subsection (a) is the micropurchase 

21 threshold amount in effect under section 32 of the Office 

22 of Federal Procurement Policy Act (41 U.S.C. 428). 

23 ‘‘(d) REGULATIONS.—The Secretary of Defense shall 

24 prescribe regulations for the purposes of this section.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by inserting after 

3 the item relating to section 2780 the following new item: 

‘‘2780a. Debt collection: general waiver authority for small amounts owed the 

United States.’’. 

4 SEC. 1005. REPEAL OF FUNDING RESTRICTIONS CON5 CERNING DEVELOPMENT OF MEDICAL COUN6 TERMEASURES AGAINST BIOLOGICAL WAR7 FARE THREATS. 

8 (a) REPEAL.—Section 2370a of title 10, United States 

9 Code, is repealed. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of chapter 139 of such title is amended by 

12 striking the item relating to that section. 

13 SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES 

14 FOR FOREIGN CURRENCY FLUCTUATIONS. 

15 (a) SECRETARY OF DEFENSE REPORT.—(1) Not later 

16 than December 1, 2004, the Secretary Defense shall submit 

17 to the Committees on Armed Services of the Senate and 

18 House of Representatives a report on the foreign currency 

19 exchange rate projection used in annual Department of De20 fense budget presentations. 

21 (2) In the report under paragraph (1), the Secretary 

22 shall— 

23 (A) identify alternative approaches for selecting 

24 foreign currency exchange rates that would produce 
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1 more realistic estimates of amounts required to be ap2 propriated or otherwise made available for the De3 partment of Defense to accommodate foreign currency 

4 exchange rate fluctuations; 

5 (B) address the advantages and disadvantages of 

6 each approach identified pursuant to subparagraph 

7 (A); 

8 (C) identify the Secretary’s preferred approach 

9 among the alternatives identified pursuant to sub10 paragraph (A) and provide the Secretary’s rationale 

11 for preferring that approach. 

12 (3) In identifying alternative approaches pursuant to 

13 paragraph (2)(A), the Secretary shall examine— 

14 (A) approaches used by other Federal depart15 ments and agencies; and 

16 (B) the feasibility of using private economic fore17 casting. 

18 (b) COMPTROLLER GENERAL REVIEW AND REPORT.— 

19 The Comptroller General of the United States shall review 

20 the report under subsection (a), including the basis for the 

21 Secretary’s conclusions stated in the report, and shall sub22 mit to the Committees on Armed Services of the Senate and 

23 House of Representatives a report containing the Comp24 troller General’s conclusions with respect to that report. 
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1 Such report shall be submitted not later than January 15, 

2 2005. 

3 Subtitle B—Naval Vessels and 

4 Shipyards 

5 SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR 

6 SHIP DISMANTLING ON NET-COST BASIS. 

7 (a) IN GENERAL.—Chapter 633 of title 10, United 

8 States Code, is amended by inserting after section 7305 the 

9 following new section: 

10 ‘‘§ 7305a. Vessels stricken from Naval Vessel Register: 

11 contracts for dismantling on net-cost 

12 basis 

13 ‘‘(a) AUTHORITY FOR NET-COST BASIS CONTRACTS.— 

14 When the Secretary of the Navy awards a contract for the 

15 dismantling of a vessel stricken from the Naval Vessel Reg16 ister, the Secretary may award the contract on a net-cost 

17 basis. 

18 ‘‘(b) RETENTION BY CONTRACTOR OF PROCEEDS OF

19 SALE OF SCRAP AND REUSABLE ITEMS.—When the Sec20 retary awards a contract on a net-cost basis under sub21 section (a), the Secretary shall provide in the contract that 

22 the contractor may retain the proceeds from the sale of 

23 scrap and reusable items removed from the vessel disman24 tled under the contract. 

25 ‘‘(c) DEFINITIONS.—In this section: 
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1 ‘‘(1) The term ‘net-cost basis’, with respect to a 

2 contract for the dismantling of a vessel, means that 

3 the amount to be paid to the contractor under the 

4 contract for dismantling and for removal and dis5 posal of hazardous waste material is discounted by 

6 the offeror’s estimate of the value of scrap and reus7 able items that the contractor will remove from the 

8 vessel during performance of the contract. 

9 ‘‘(2) The term ‘scrap’ means personal property 

10 that has no value except for its basic material con11 tent. 

12 ‘‘(3) The term ‘reusable item’ means a demili13 tarized component or a removable portion of a vessel 

14 or equipment that the Secretary of the Navy has iden15 tified as excess to the needs of the Navy but which has 

16 potential resale value on the open market.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of such chapter is amended by inserting after 

19 the item relating to section 7305 the following new item: 

‘‘7305a. Vessels stricken from Naval Vessel Register: contracts for dismantling on 

net-cost basis.’’. 

20 SEC. 1012. INDEPENDENT STUDY TO ASSESS COST EFFEC21 TIVENESS OF THE NAVY SHIP CONSTRUCTION 

22 PROGRAM. 

23 (a) STUDY.—The Secretary of Defense shall provide for 

24 a study, to be conducted by an entity independent of the 
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1 Department of Defense, of the cost effectiveness of the ship 

2 construction program of the Navy. The purpose of the study 

3 shall be to examine both— 

4 (1) a variety of approaches by which the Navy 

5 ship construction program could be made more effi6 cient in the near term; and 

7 (2) a variety of approaches by which, with a na8 tionally integrated effort over the next decade, the 

9 United States shipbuilding industry might be made 

10 competitive globally. 

11 (b) NEAR TERM IMPROVEMENTS IN EFFICIENCY.— 

12 With respect to the examination under subsection (a)(1) of 

13 approaches by which the Navy ship construction program 

14 could be made more efficient in the near term, the Secretary 

15 shall provide for the entity conducting the study— 

16 (1) to determine, with respect to each approach 

17 so examined, the cost savings that could result from 

18 implementation of that approach over each of the next 

19 10 years; 

20 (2) to recommend one or more of the approaches 

21 examined under subsection (a)(1) for implementation; 

22 and 

23 (3) for each approach recommended under para24 graph (2) for implementation, to develop a concept 

25 and implementation plan by which the recommended 
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1 improvements could best be phased into the naval 

2 ship construction program. 

3 (c) GLOBAL COMPETITIVENESS OF UNITED STATES

4 SHIPBUILDING INDUSTRY.—With respect to the examina5 tion under subsection (a)(2) of approaches by which, with 

6 a nationally integrated effort over the next decade, the 

7 United States shipbuilding industry might be made com8 petitive globally, the Secretary shall provide for the entity 

9 conducting the study— 

10 (1) to develop a plan to modernize the United 

11 States shipbuilding infrastructure within the next 

12 decade in order to make the United States ship13 building industry more competitive globally; and 

14 (2) to estimate the resources required to carry 

15 out a modernization plan developed under paragraph 

16 (1). 

17 (d) REPORT.—Not later than June 1, 2005, the Sec18 retary of Defense shall submit to the congressional defense 

19 committees a report providing the results of the study under 

20 subsection (a). The report shall include the matters specified 

21 in subsections (b) and (c). 
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1 SEC. 1013. AUTHORITY TO TRANSFER SPECIFIED FORMER 

2 NAVAL VESSELS TO CERTAIN FOREIGN COUN3 TRIES. 

4 (a) AUTHORITY TO TRANSFER BY GRANT.—The 

5 Prsident is authorized to transfer vessels to foreign countries 

6 on a grant basis under section 516 of the Foreign Assistance 

7 Act of 1961 (22 U.S.C. 2321j), as follows: 

8 (1) CHILE.—The ‘‘SPRUANCE’’ class destroyer 

9 O’BANNON (DD–987) to the Government of Chile. 

10 (2) PORTUGAL.—The ‘‘OLIVER HAZARD 

11 PERRY’’ class guided missile frigate GEORGE 

12 PHILIP (FFG–12) to the Government of Portugal. 

13 (b) AUTHORITY TO TRANSFER BY SALE.—The Presi14 dent is authorized to transfer on a sale basis under section 

15 21 of the Arms Export Control Act (22 U.S.C. 2761) the 

16 ‘‘ANCHORAGE’’ class dock landing ship ANCHORAGE 

17 (LSD–36) to the Taipei Economic and Cultural Represent18 ative Office in the United States (which is the Taiwan in19 strumentality designated pursuant to section 10(a) of the 

20 Taiwan Relations Act). 

21 (c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

22 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value of 

23 a vessel transferred to another country on a grant basis 

24 under section 516 of the Foreign Assistance Act of 1961 (22 

25 U.S.C. 2321j) pursuant to authority provided by subsection 

26 (a) shall not be counted for the purposes of subsection (g) 
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1 of that section in the aggregate value of excess defense arti2 cles transferred to countries under that section in any fiscal 

3 year. 

4 (d) COSTS OF TRANSFERS.—Any expense incurred by 

5 the United States in connection with a transfer authorized 

6 by this section shall be charged to the recipient (notwith7 standing section 516(e) of the Foreign Assistance Act of 

8 1961 (22 U.S.C. 2321j (e)) in the case of a transfer author9 ized to be made on a grant basis under subsection (a)). 

10 (e) REPAIR AND REFURBISHMENT IN UNITED STATES

11 SHIPYARDS.—To the maximum extent practicable, the 

12 President shall require, as a condition of the transfer of a 

13 vessel under this section, that the country to which the vessel 

14 is transferred have such repair or refurbishment of the vessel 

15 as is needed, before the vessel joins the naval forces of that 

16 country, performed at a shipyard located in the United 

17 States, including a United States Navy shipyard. 

18 (f) EXPIRATION OF AUTHORITY.—The authority to 

19 transfer a vessel under this section shall expire at the end 

20 of the two-year period beginning on the date of the enact21 ment of this Act. 
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1 SEC. 1014. LIMITATION ON LEASING OF FOREIGN-BUILT 

2 VESSELS. 

3 (a) IN GENERAL.—(1) Chapter 141 of title 10, United 

4 States Code, is amended by inserting after section 2401a 

5 the following new section: 

6 ‘‘§ 2401b. Limitation on lease of foreign-built vessels 

7 ‘‘(a) LIMITATION.—The Secretary of a military de8 partment may not make a contract for a lease or charter 

9 of a vessel for a term of more than 12 months (including 

10 all options to renew or extend the contract) if the hull, a 

11 major component of the hull, or superstructure of the vessel 

12 is constructed in a foreign shipyard. 

13 ‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECURITY

14 INTEREST.—(1) The President may authorize exceptions to 

15 the limitation in subsection (a) when the President deter16 mines that it is in the national security interest of the 

17 United States to do so. 

18 ‘‘(2) The President shall transmit notice to Congress 

19 of any such determination, and no contract may be made 

20 pursuant to the exception authorized until the end of the 

21 30-day period beginning on the date on which the notice 

22 of the determination is received by Congress.’’. 

23 (2) The table of sections at the beginning of such chap24 ter is amended by inserting after the item relating to section 

25 2401a the following new item: 

‘‘2401b. Limitation on lease of foreign-built vessels.’’. 
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1 (b) EFFECTIVE DATE.—Section 2401b of title 10, 

2 United States Code, as added by subsection (a), shall apply 

3 with respect to contracts entered into after the date of the 

4 enactment of this Act. 

5 Subtitle C—Sunken Military Craft 

6 SEC. 1021. PRESERVATION OF TITLE TO SUNKEN MILITARY 

7 CRAFT AND ASSOCIATED CONTENTS. 

8 Right, title, and interest of the United States in and 

9 to any United States sunken military craft shall not be ex10 tinguished by the passage of time, regardless of when the 

11 sunken military craft sank. 

12 SEC. 1022. PROHIBITIONS. 

13 (a) UNAUTHORIZED ACTIVITIES DIRECTED AT SUNK14 EN MILITARY CRAFT.—No person shall engage in or at15 tempt to engage in any activity directed at a sunken mili16 tary craft that disturbs, removes, or injures any sunken 

17 military craft, except— 

18 (1) as authorized by a permit under this subtitle; 

19 (2) as authorized by regulations issued under 

20 this subtitle; or 

21 (3) as otherwise authorized by law. 

22 (b) POSSESSION OF SUNKEN MILITARY CRAFT.—No 

23 person may possess, disturb, remove, or injure any sunken 

24 military craft in violation of— 

25 (1) this section; or 
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1 (2) any prohibition, rule, regulation, ordinance, 

2 or permit that applies under any other applicable 

3 Federal, foreign, or other law. 

4 (c) LIMITATIONS ON APPLICATION.— 

5 (1) ACTIONS BY UNITED STATES.—This section 

6 shall not apply to actions taken by, or at the direc7 tion of, the United States. 

8 (2) FOREIGN PERSONS.—This section shall not 

9 apply to any action by a person who is not a citizen, 

10 national, or resident alien of the United States, except 

11 in accordance with— 

12 (A) generally recognized principles of inter13 national law; 

14 (B) an agreement between the United States 

15 and the foreign country of which the person is a 

16 citizen; or 

17 (C) in the case of an individual who is a 

18 crew member or other individual on a foreign 

19 vessel or foreign aircraft, an agreement between 

20 the United States and the flag State of the for21 eign vessel or aircraft that applies to the indi22 vidual. 

23 (3) LOAN OF SUNKEN MILITARY CRAFT.—This 

24 section does not prohibit the loan of United States 
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1 sunken military craft in accordance with regulations 

2 issued by the Secretary concerned. 

3 SEC. 1023. PERMITS. 

4 (a) IN GENERAL.—The Secretary concerned may issue 

5 a permit authorizing a person to engage in an activity oth6 erwise prohibited by section 1022 with respect to a United 

7 States military craft, for archaeological, historical, or edu8 cational purposes, in accordance with regulations issued by 

9 such Secretary that implement this section. 

10 (b) CONSISTENCY WITH OTHER LAWS.—The Secretary 

11 concerned shall require that any activity carried out under 

12 a permit issued by such Secretary under this section must 

13 be consistent with all requirements and restrictions that 

14 apply under any other provision of Federal law. 

15 (c) CONSULTATION.—In carrying out this section (in16 cluding the issuance after the date of the enactment of this 

17 Act of regulations implementing this section), the Secretary 

18 concerned shall consult with the head of each Federal agency 

19 having authority under Federal law with respect to activi20 ties directed at sunken military craft or the locations of 

21 such craft. 

22 SEC. 1024. PENALTIES. 

23 (a) IN GENERAL.—Any person who violates this sub24 title, or any regulation or permit issued under this subtitle, 
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1 shall be liable to the United States for a civil penalty under 

2 this section. 

3 (b) ASSESSMENT AND AMOUNT.—The Secretary con4 cerned may assess a civil penalty under this section, after 

5 notice and an opportunity for a hearing, of not more than 

6 $100,000 for each violation. 

7 (c) CONTINUING VIOLATIONS.—Each day of a contin8 ued violation of this subtitle or a regulation or permit 

9 issued under this subtitle shall constitute a separate viola10 tion for purposes of this section. 

11 SEC. 1025. LIABILITY FOR DAMAGES. 

12 (a) IN GENERAL.—Any person who engages in an ac13 tivity in violation of section 1022 or any regulation or per14 mit issued under this subtitle that disturbs, removes, or in15 jures any United States sunken military craft shall pay 

16 the United States enforcement costs and damages resulting 

17 from such disturbance, removal, or injury. 

18 (b) INCLUDED DAMAGES.—Damages referred to in 

19 subsection (a) may include— 

20 (1) the reasonable costs incurred in storage, res21 toration, care, maintenance, conservation, and 

22 curation of any sunken military craft that is dis23 turbed, removed, or injured in violation of section 

24 1022 or any regulation or permit issued under this 

25 subtitle; and 
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1 (2) the cost of retrieving, from the site where the 

2 sunken military craft was disturbed, removed, or in3 jured, any information of an archaeological, histor4 ical, or cultural nature. 

5 SEC. 1026. RELATIONSHIP TO OTHER LAWS. 

6 (a) IN GENERAL.—Except to the extent that an activ7 ity is undertaken as a subterfuge for activities prohibited 

8 by this subtitle, nothing in this subtitle is intended to af9 fect— 

10 (1) any activity that is not directed at a sunken 

11 military craft; or 

12 (2) the traditional high seas freedoms of naviga13 tion, including— 

14 (A) the laying of submarine cables and 

15 pipelines; 

16 (B) operation of vessels; 

17 (C) fishing; or 

18 (D) other internationally lawful uses of the 

19 sea related to such freedoms. 

20 (b) INTERNATIONAL LAW.—This subtitle and any reg21 ulations implementing this subtitle shall be applied in ac22 cordance with generally recognized principles of inter23 national law and in accordance with the treaties, conven24 tions, and other agreements to which the United States is 

25 a party. 
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1 (c) LAW OF FINDS.—The law of finds shall not apply 

2 to any United States sunken military craft, wherever lo3 cated. 

4 (d) LAW OF SALVAGE.—No salvage rights or awards 

5 shall be granted with respect to any sunken military craft 

6 without the express permission of the United States. 

7 (e) LAW OF CAPTURE OR PRIZE.—Nothing in this sub8 title is intended to alter the international law of capture 

9 or prize with respect to sunken military craft. 

10 (f) LIMITATION OF LIABILITY.—Nothing in sections 

11 4281 through 4287 and 4289 of the Revised Statutes (46 

12 U.S.C. App. 181 et seq.) or section 3 of the Act of February 

13 13, 1893 (chapter 105; 27 Stat. 445; 46 U.S.C. App. 192), 

14 shall limit the liability of any person under this section. 

15 (g) AUTHORITIES OF THE COMMANDANT OF THE

16 COAST GUARD.—Nothing in this subtitle is intended to pre17 clude or limit the application of any other law enforcement 

18 authorities of the Commandant of the Coast Guard. 

19 (h) PRIOR DELEGATIONS, AUTHORIZATIONS, AND RE20 LATED REGULATIONS.—Nothing in this subtitle shall inval21 idate any prior delegation, authorization, or related regula22 tion that is consistent with this subtitle. 

23 (i) CRIMINAL LAW.—Nothing in this subtitle is in24 tended to prevent the United States from pursuing criminal 
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1 sanctions for plundering of wrecks, larceny of Government 

2 property, or violation of any applicable criminal law. 

3 SEC. 1027. ENCOURAGEMENT OF AGREEMENTS WITH FOR4 EIGN COUNTRIES. 

5 The Secretary of State, in consultation with the Sec6 retary of Defense, is encouraged to negotiate and conclude 

7 bilateral and multilateral agreements with foreign countries 

8 with regard to sunken military craft consistent with this 

9 subtitle. 

10 SEC. 1028. DEFINITIONS. 

11 In this subtitle: 

12 (1) ASSOCIATED CONTENTS.—The term ‘‘associ13 ated contents’’ means— 

14 (A) the equipment, cargo, and contents of a 

15 sunken military craft that are within its debris 

16 field; and 

17 (B) the remains and personal effects of the 

18 crew and passengers of a sunken military craft 

19 that are within its debris field. 

20 (2) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of a military department. 

22 (3) SUNKEN MILITARY AIRCRAFT.—The term 

23 ‘‘sunken military aircraft’’ means any sunken mili24 tary aircraft that was owned or operated by the 

25 United States when it sank. 
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1 (4) SUNKEN MILITARY CRAFT.—The term ‘‘sunk2 en military craft’’ means any sunken military vessel, 

3 sunken military aircraft, or associated contents, or 

4 any portion thereof, the title to which has not been 

5 abandoned or transferred in a manner prescribed by 

6 the United States. 

7 (5) SUNKEN MILITARY VESSEL.—The term 

8 ‘‘sunken military vessel’’ means any sunken warship 

9 or naval auxiliary of the United States that is a pub10 lic vessel as that term is used in the Act of March 3, 

11 1925 (chapter 428; 46 U.S.C. App. 781 et seq.), popu12 larly known as the Public Vessels Act. 

13 (6) UNITED STATES CONTIGUOUS ZONE.—The 

14 term ‘‘United States contiguous zone’’ means the con15 tiguous zone of the United States under Presidential 

16 Proclamation 7219, dated September 2, 1999. 

17 (7) UNITED STATES INTERNAL WATERS.—The 

18 term ‘‘United States internal waters’’ means all wa19 ters of the United States on the landward side of the 

20 baseline from which the breadth of the United States 

21 territorial sea is measured. 

22 (8) UNITED STATES TERRITORIAL SEA.—The 

23 term ‘‘United States territorial sea’’ means the waters 

24 of the United States territorial sea under Presidential 

25 Proclamation 5928, dated December 27, 1988. 
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1 (9) UNITED STATES WATERS.—The term 

2 ‘‘United States waters’’ means United States internal 

3 waters, the United States territorial sea, and the 

4 United States contiguous zone. 

5 Subtitle D—Counter-Drug Activities 

6 SEC. 1031. CONTINUATION OF AUTHORITY TO USE DEPART7 MENT OF DEFENSE FUNDS FOR UNIFIED 

8 COUNTERDRUG AND COUNTERTERRORISM 

9 CAMPAIGN IN COLOMBIA. 

10 (a) AUTHORITY TO PROVIDE ASSISTANCE.—During 

11 fiscal years 2005 and 2006, the Secretary of Defense may 

12 use funds made available to the Department of Defense for 

13 drug interdiction and counter-drug activities to provide as14 sistance to the Government of Colombia— 

15 (1) to support a unified campaign against nar16 cotics trafficking in Colombia; 

17 (2) to support a unified campaign against ac18 tivities by designated terrorist organizations, such as 

19 the Revolutionary Armed Forces of Colombia (FARC), 

20 the National Liberation Army (ELN), and the United 

21 Self-Defense Forces of Colombia (AUC); and 

22 (3) to take actions to protect human health and 

23 welfare in emergency circumstances, including under24 taking rescue operations. 
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1 (b) RELATION TO OTHER ASSISTANCE AUTHORITY.— 

2 The authority provided by subsection (a) is in addition to 

3 other provisions of law authorizing the provision of assist4 ance to the Government of Colombia. 

5 SEC. 1032. LIMITATION ON NUMBER OF UNITED STATES 

6 MILITARY PERSONNEL IN COLOMBIA. 

7 (a) LIMITATION.—None of the funds available to the 

8 Department of Defense for any fiscal year may be used to 

9 support or maintain more than 500 members of the Armed 

10 Forces on duty in the Republic of Colombia at any time. 

11 (b) EXCLUSION OF CERTAIN MEMBERS.—For purposes 

12 of determining compliance with the limitation in subsection 

13 (a), the Secretary of Defense may exclude the following mili14 tary personnel: 

15 (1) A member of the Armed Forces in the Repub16 lic of Colombia for the purpose of rescuing or retriev17 ing United States military or civilian Government 

18 personnel, except that the period for which such a 

19 member may be so excluded may not exceed 30 days 

20 unless expressly authorized by law. 

21 (2) A member of the Armed Forces assigned to 

22 the United States Embassy in Colombia as an 

23 attache ́, as a member of the security assistance office, 

24 or as a member of the Marine Corps security contin25 gent. 
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1 (3) A member of the Armed Forces in Colombia 

2 to participate in relief efforts in responding to a nat3 ural disaster. 

4 (4) Nonoperational transient military personnel. 

5 (5) A member of the Armed Forces making a 

6 port call from a military vessel in Colombia. 

7 Subtitle E—Reports 

8 SEC. 1041. STUDY OF CONTINUED REQUIREMENT FOR TWO9 CREW MANNING FOR BALLISTIC MISSILE SUB10 MARINES. 

11 (a) STUDY AND DETERMINATION.—The Secretary of 

12 Defense shall conduct a study of whether the practice of 

13 using two alternating crews (referred to as the ‘‘Gold Crew’’ 

14 and the ‘‘Blue Crew’’) for manning of ballistic missile sub15 marines (SSBNs) continues to be justified under the 

16 changed circumstances since the end of the Cold War and, 

17 based on that study, shall make a determination of whether 

18 that two-crew manning practice should be continued or 

19 should be modified or terminated. 

20 (b) REPORT.—Not later than six months after the date 

21 of the enactment of this Act, the Secretary shall submit to 

22 the Committees on Armed Services of the Senate and House 

23 of Representatives a report providing notice of the Sec24 retary’s determination under subsection (a) and the reasons 

25 for that determination. 
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1 SEC. 1042. STUDY OF EFFECT ON DEFENSE INDUSTRIAL 

2 BASE OF ELIMINATION OF UNITED STATES 

3 DOMESTIC FIREARMS MANUFACTURING 

4 BASE. 

5 Not later than 60 days after the date of the enactment 

6 of this Act, the Secretary of Defense shall submit to the con7 gressional defense committees a report describing in detail 

8 the effect on both military readiness and the defense indus9 trial base that would result from the elimination of the 

10 United States domestic firearms manufacturing base. 

11 SEC. 1043. STUDY OF EXTENT AND QUALITY OF TRAINING 

12 PROVIDED TO MEMBERS OF THE ARMED 

13 SERVICES TO PREPARE FOR POST-CONFLICT 

14 OPERATIONS. 

15 (a) STUDY REQUIRED.—The Secretary of Defense shall 

16 conduct a study to determine the extent to which members 

17 of the Armed Forces assigned to duty in support of contin18 gency operations receive training in preparation for post19 conflict operations and to evaluate the quality of such train20 ing 

21 (b) MATTERS INCLUDED IN STUDY.—As part of the 

22 study under subsection (a), the Secretary shall specifically 

23 evaluate the following: 

24 (1) The doctrine, training, and leader-develop25 ment system necessary to enable members of the 
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1 Armed Forces to successfully operate in post-conflict 

2 operations. 

3 (2) The adequacy of curricula at military edu4 cational facilities to ensure that the Armed Forces has 

5 a cadre of members skilled in post-conflict duties, for6 eign languages, and foreign cultures. 

7 (3) The training time and resources available to 

8 members and units to develop cultural awareness 

9 about ethnic backgrounds, religious beliefs, and polit10 ical loyalties of the people living in areas in which 

11 the Armed Forces operate. 

12 (4) The organization of the combatant commands 

13 to conduct post-conflict operations. 

14 (c) SUBMISSION OF STUDY RESULTS.—Not later than 

15 March 15, 2005, the Secretary of Defense shall submit to 

16 the Committee on Armed Services of the Senate and the 

17 Committee on Armed Services of the House of Representa18 tives a report containing the results of the study conducted 

19 under this section. 

20 Subtitle F—Security Matters 

21 SEC. 1051. USE OF NATIONAL DRIVER REGISTER FOR PER22 SONNEL SECURITY INVESTIGATIONS AND DE23 TERMINATIONS. 

24 Section 30305(b) of title 49, United States Code, is 

25 amended— 
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1 (1) by redesignating paragraphs (9) through (11) 

2 as paragraphs (10) through (12), respectively; and 

3 (2) by inserting after paragraph (8) the fol4 lowing new paragraph: 

5 ‘‘(9) An individual who has or is seeking access to na6 tional security information for purposes of Executive Order 

7 12968, or any successor Executive order, or an individual 

8 who is being investigated for Federal employment under au9 thority of Executive Order 10450, or any successor Execu10 tive order, may request the chief driver licensing official of 

11 a State to provide information about the individual pursu12 ant to subsection (a) of this section to a Federal department 

13 or agency that is authorized to investigate the individual 

14 for the purpose of assisting in the determination of the eligi15 bility of the individual for access to national security infor16 mation or for Federal employment. A Federal department 

17 or agency that receives such information about an indi18 vidual may use it in accordance with applicable law.’’. 

19 SEC. 1052. STANDARDS FOR DISQUALIFICATION FROM ELI20 GIBILITY FOR DEPARTMENT OF DEFENSE SE21 CURITY CLEARANCE . 

22 (a) DISQUALIFIED PERSONS.—Subsection (c)(1) of sec23 tion 986 of title 10, United States Code, is amended— 

24 (1) by striking ‘‘and’’ and inserting ‘‘, was’’; and 
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1 (2) and inserting before the period at the end the 

2 following: ‘‘, and was incarcerated as a result of that 

3 sentence for not less than one year’’. 

4 (b) WAIVER AUTHORITY.—Subsection (d) of such sec5 tion is amended to read as follows: 

6 ‘‘(d) WAIVER AUTHORITY.—In a meritorious case, an 

7 exception to the prohibition in subsection (a) may be au8 thorized for a person described in paragraph (1) or (4) of 

9 subsection (c) if there are mitigating factors. Any such 

10 waiver may be authorized only in accordance with stand11 ards and procedures prescribed by, or under the authority 

12 of, an Executive order or other guidance issued by the Presi13 dent.’’. 

14 Subtitle G—Transportation-Related 

15 Matters 

16 SEC. 1061. USE OF MILITARY AIRCRAFT TO TRANSPORT 

17 MAIL TO AND FROM OVERSEAS LOCATIONS. 

18 (a) AUTHORITY FOR USE OF MILITARY AIRCRAFT.— 

19 Section 3401 of title 39, United States Code, is amended— 

20 (1) in subsection (b)— 

21 (A) in the matter preceding paragraph 

22 (1)(A), by striking ‘‘title 49,’’ and inserting 

23 ‘‘title 49, or on military aircraft at rates not to 

24 exceed those so fixed and determined for sched25 uled United States air carriers,’’; and 
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1 (B) in the sentence following paragraph (3), 

2 by striking ‘‘carriers’’ each place it appears and 

3 inserting ‘‘carriers and military aircraft’’; and 

4 (2) in subsection (c)— 

5 (A) in the first sentence, by striking ‘‘title 

6 49,’’ and inserting ‘‘title 49, or on military air7 craft at rates not to exceed those so fixed and de8 termined for scheduled United States air car9 riers,’’; and 

10 (B) in the second sentence— 

11 (i) by inserting ‘‘and military air12 craft’’ after ‘‘carriers’’ the first place it ap13 pears; and 

14 (ii) by striking ‘‘by air carriers other 

15 than scheduled United States air carriers’’ 

16 and inserting ‘‘by other than scheduled 

17 United States air carriers and military air18 craft’’. 

19 (b) DEFINITION.—Such section is further amended by 

20 adding at the end the following new subsection: 

21 ‘‘(g) In this section, the term ‘military aircraft’ means 

22 an aircraft owned, operated, or chartered by the Depart23 ment of Defense.’’. 
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1 SEC. 1062. REORGANIZATION AND CLARIFICATION OF CER2 TAIN PROVISIONS RELATING TO CONTROL 

3 AND SUPERVISION OF TRANSPORTATION 

4 WITHIN THE DEPARTMENT OF DEFENSE. 

5 (a) TRANSFER OF CERTAIN TRANSPORTATION AU6 THORITIES.—Sections 4744, 4745, 4746, and 4747 of title 

7 10, United States Code, are transferred to chapter 157 of 

8 such title, inserted (in that order) at the end of such chap9 ter, and redesignated as sections 2648, 2649, 2650, and 

10 2651, respectively. 

11 (b) CLARIFICATION OF APPLICABILITY OF TRANS12 FERRED AUTHORITIES THROUGHOUT THE DEPARTMENT

13 OF DEFENSE.—(1) Section 2648 of such title, as transferred 

14 and redesignated by subsection (a), is amended— 

15 (A) by striking ‘‘Secretary of the Army’’ in the 

16 matter preceding paragraph (1) and inserting ‘‘Sec17 retary of Defense’’; 

18 (B) by striking ‘‘Army transport agencies’’ in 

19 the matter preceding paragraph (1) and all that fol20 lows through ‘‘military transport agency of’’; and 

21 (C) by striking paragraphs (1), (2), and (3); 

22 (D) by redesignating paragraph (4), (5), (6), 

23 and (7) as paragraphs (1), (2), (3), and (4), respec24 tively; 

25 (E) by redesignating paragraph (8) as para26 graph (5) and in that paragraph striking ‘‘persons 
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1 described in clauses (1), (2), (4), (5), and (7)’’ and 

2 inserting ‘‘members of the armed forces, officers and 

3 employees of the Department of Defense or the Coast 

4 Guard, and persons described i paragraphs (1), (2), 

5 and (4)’’; and 

6 (F) by striking ‘‘clause (7) or (8)’’ in the last 

7 sentence and inserting ‘‘paragraph (4) or (5)’’. 

8 (2) Section 2649 of such title, as transferred and redes9 ignated by subsection (a), is amended— 

10 (A) by striking the section heading and inserting 

11 the following: 

12 ‘‘§ 2649. Civilian passengers and commercial cargoes: 

13 transportation on Department of Defense 

14 vessels’’; 

15 (B) by striking ‘‘(1) on vessels’’ and all that fol16 lows through ‘‘Department of the Army’’; 

17 (C) by striking ‘‘any transport agency of’’; and 

18 (D) by striking ‘‘Secretary of the Army’’ and all 

19 that follows through ‘‘be transported’’ and inserting 

20 ‘‘Secretary of Defense, be transported’’. 

21 (3) Section 2650 of such title, as transferred and redes22 ignated by subsection (a), is amended— 

23 (A) in the matter preceding paragraph (1), by 

24 striking ‘‘Army transport agencies’’ and all that fol25 lows through ‘‘military transport agency of’’; 
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1 (B) in paragraph (1), by striking ‘‘Secretary of 

2 the Army’’ and inserting ‘‘Secretary of Defense’’; and 

3 (C) in paragraph (4), by striking ‘‘by air—’’ 

4 and all that follows through ‘‘the transportation can5 not’’ and inserting ‘‘by air, the transportation can6 not’’. 

7 (4) Section 2651 of such title, as transferred and redes8 ignated by subsection (a), is amended by striking ‘‘Army 

9 transport agencies’’ and all that follows and inserting ‘‘the 

10 Department of Defense, under regulations and at rates to 

11 be prescribed by the Secretary of Defense.’’. 

12 (c) REPEAL OF SUPERSEDED AND OBSOLETE PROVI13 SIONS.—The following sections of such title are repealed: 

14 sections 4741, 4743, 9741, 9743, and 9746. 

15 (d) CLERICAL AMENDMENTS.— 

16 (1) The table of sections at the beginning of 

17 chapter 157 of such title is amended by adding at the 

18 end the following new items: 

‘‘2648. Persons and supplies: sea transportation. 

‘‘2649. Civilian passengers and commercial cargoes: transportation on Department of Defense vessels. 

‘‘2650. Civilian personnel in Alaska. 

‘‘2651. Passengers and merchandise to Guam: sea transport.’’. 

19 (2) The table of sections at the beginning of 

20 chapter 447 of such title is amended by striking the 

21 items relating to sections 4741, 4743, 4744, 4745, 

22 4746, and 4747. 
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1 (3) The table of sections at the beginning of 

2 chapter 947 of such title is amended by striking the 

3 items relating to sections 9741, 9743, and 9746. 

4 SEC. 1063. DETERMINATION OF WHETHER PRIVATE AIR 

5 CARRIERS ARE CONTROLLED BY UNITED 

6 STATES CITIZENS FOR PURPOSES OF ELIGI7 BILITY FOR GOVERNMENT CONTRACTS FOR 

8 TRANSPORTATION OF PASSENGERS OR SUP9 PLIES. 

10 Section 2710 of the Emergency Wartime Supplemental 

11 Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 

12 601), is amended by adding at the end the following new 

13 sentence: ‘‘Any determination for purposes of this section 

14 of whether (in accordance with the first proviso of this sec15 tion) an air carrier is effectively controlled by citizens of 

16 the United States shall be made by, or shall be based on 

17 determinations made by, the Secretary of Transportation.’’. 

18 SEC. 1064. EVALUATION OF WHETHER TO PROHIBIT CER19 TAIN OFFERS FOR TRANSPORTATION OF SE20 CURITY-SENSITIVE CARGO. 

21 (a) EVALUATION REQUIREMENT.—The Secretary of 

22 Defense shall evaluate whether, and under what cir23 cumstances, in the award of service contracts for domestic 

24 freight transportation for security-sensitive cargo (such as 

25 arms, ammunitions, explosive, and classified material), the 
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1 Secretary should not consider an offer or tender from more 

2 than one motor carrier that is part of a group of motor 

3 carriers under common financial or administrative control. 

4 In conducting the evaluation, the Secretary shall seek in5 dustry comment. 

6 (b) REPORT.—Not later than January 1, 2005, the 

7 Secretary of Defense shall submit to the Committees on 

8 Armed Services of the House of Representatives and the 

9 Senate a report on the results of the evaluation conducted 

10 under subsection (a). 

11 Subtitle H—Other Matters 

12 SEC. 1071. TWO-YEAR EXTENSION OF AUTHORITY OF THE 

13 SECRETARY OF DEFENSE TO ENGAGE IN COM14 MERCIAL ACTIVITIES AS SECURITY FOR IN15 TELLIGENCE COLLECTION ACTIVITIES 

16 ABROAD. 

17 Section 431(a) of title 10, United States Code, is 

18 amended by striking ‘‘December 31, 2004’’ and inserting 

19 ‘‘December 31, 2006’’. 

20 SEC. 1072. ASSISTANCE FOR STUDY OF FEASIBILITY OF BI21 ENNIAL INTERNATIONAL AIR TRADE SHOW IN 

22 THE UNITED STATES AND FOR INITIAL IM23 PLEMENTATION. 

24 (a) ASSISTANCE FOR COMMUNITY FEASIBILITY

25 STUDY.—(1) The Secretary of Defense shall provide assist-
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1 ance to a community selected under subsection (d) for ex2 penses of a study by that community of the feasibility of 

3 the establishment and operation of a biennial international 

4 air trade show in the area of that community. 

5 (2) The Secretary shall provide for the community to 

6 submit to the Secretary a report containing the results of 

7 the study not later than September 30, 2005. The Secretary 

8 shall promptly submit the report to Congress, together with 

9 such comments on the report as the Secretary considers ap10 propriate. 

11 (b) ASSISTANCE FOR IMPLEMENTATION.—If the com12 munity conducting the study under subsection (a) deter13 mines that the establishment and operation of such an air 

14 show is feasible and should be implemented, the Secretary 

15 shall provide assistance to the community for the initial 

16 expenses of implementing such an air show in the selected 

17 community. 

18 (c) AMOUNT OF ASSISTANCE.—The amount of assist19 ance provided by the Secretary under subsections (a) and 

20 (b)— 

21 (1) may not exceed a total of $1,000,000, to be 

22 derived from amounts available for operation and 

23 maintenance for the Air Force for fiscal year 2005 or 

24 later fiscal years; and 
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1 (2) may not exceed one-half of the cost of the 

2 study and may not exceed one-half the cost of such 

3 initial implementation. 

4 (d) SELECTION OF COMMUNITY.—The Secretary shall 

5 select a community for purposes of subsection (a) through 

6 the use of competitive procedures. In making such selection, 

7 the Secretary shall give preference to those communities that 

8 already sponsor an air show, have demonstrated a history 

9 of supporting air shows with local resources, and have a 

10 significant role in the aerospace community. The commu11 nity shall be selected not later than March 1, 2005. 

12 SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS. 

13 (a) CLARIFICATION OF DEFINITION OF ‘‘OPERATIONAL

14 RANGE’’.—Section 101(e)(3) of title 10, United States Code, 

15 is amended by striking ‘‘Secretary of Defense’’ and insert16 ing ‘‘Secretary of a military department’’. 

17 (b) AMENDMENTS RELATING TO DEFINITION OF CON18 GRESSIONAL DEFENSE COMMITTEES.— 

19 (1) Chapter 169 of such title is amended as fol20 lows: 

21 (A) Paragraph (4) of section 2801(c) is 

22 amended to read as follows: 

23 ‘‘(4) The term ‘congressional defense committees’ 

24 includes, with respect to any project to be carried out 
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1 by, or for the use of, an intelligence component of the 

2 Department of Defense— 

3 ‘‘(A) the Permanent Select Committee on 

4 Intelligence of the House of Representatives; and 

5 ‘‘(B) the Select Committee on Intelligence of 

6 the Senate.’’. 

7 (B) The following sections are amended by 

8 striking ‘‘appropriate committees of Congress’’ 

9 each place it appears and inserting ‘‘congres10 sional defense committees’’: sections 2803(b), 

11 2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 

12 2807(c), 2808(b), 2809(f)(1), 2811(d), 

13 2812(c)(1)(A), 2813(c), 2814(a)(2)(A), 

14 2814(g)(1), 2825(b)(1), 2827(b), 2828(f), 2835(g), 

15 2836(f), 2837(c)(2), 2853(c)(2), 2854(b), 

16 2854a(c)(1), 2865(e)(2), 2866(c)(2), 2875(e), 

17 2881a(d)(2), 2881a(e), 2883(f), and 2884(a). 

18 (2) Section 2215 is amended— 

19 (A) by striking ‘‘(a) CERTIFICATION RE20 QUIRED.—’’; 

21 (B) by striking ‘‘congressional committees 

22 specified in subsection (b)’’ and inserting ‘‘con23 gressional defense committees’’; and 

24 (C) by striking subsection (b). 
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1 (3) Section 2306b(g) is amended by striking 

2 ‘‘Committee on’’ the first place it appears and all 

3 that follows through ‘‘House of Representatives’’ and 

4 inserting ‘‘congressional defense committees’’. 

5 (4) Section 2515(d) is amended— 

6 (A) by striking ‘‘(1)’’ before ‘‘The Sec7 retary’’; 

8 (B) by striking ‘‘congressional committees 

9 specified in paragraph (2)’’ and inserting ‘‘con10 gressional defense committees’’; and 

11 (C) by striking paragraph (2). 

12 (5) Section 2676(d) is amended by striking ‘‘ap13 propriate committees of Congress’’ at the end of the 

14 first sentence and inserting ‘‘congressional defense 

15 committees’’. 

16 (6) Section 2694a is amended by striking ‘‘ap17 propriate committees of Congress’’ in subsections (e) 

18 and (i)(1) and inserting ‘‘congressional defense com19 mittees’’. 

20 (c) AMENDMENTS RELATING TO DEFINITION OF BASE

21 CLOSURE LAWS.— 

22 (1) Section 2694a(i) of title 10, United States 

23 Code, is amended by striking paragraph (2). 

24 (2) Paragraph (1) of section 1333(i) of the Na25 tional Defense Authorization Act for Fiscal Year 1994 
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1 (Public Law 103–160; 10 U.S.C. 2701 note) is 

2 amended to read as follows: 

3 ‘‘(1) BASE CLOSURE LAW.—The term ‘base clo4 sure law’ has the meaning given such term in section 

5 101(a)(17) of title 10, United States Code.’’. 

6 (3) Subsection (b) of section 2814 of the Military 

7 Construction Authorization Act for Fiscal Year 1995 

8 (division B of Public Law 103–337; 10 U.S.C. 2687 

9 note) is amended to read as follows: 

10 ‘‘(b) BASE CLOSURE LAW DEFINED.—In this section, 

11 the term ‘base closure law’ has the meaning given such term 

12 in section 101(a)(17) of title 10, United States Code.’’. 

13 (4) Subsection (c) of section 3341 of title 5, 

14 United States Code, is amended to read as follows: 

15 ‘‘(c) For purposes of this section, the term ‘base closure 

16 law’ has the meaning given such term in section 101(a)(17) 

17 of title 10.’’. 

18 (5)(A) Paragraph (1) of section 554(a) of title 

19 40, United States Code, is amended to read as follows: 

20 ‘‘(1) BASE CLOSURE LAW.—The term ‘base clo21 sure law’ has the meaning given that term in section 

22 101(a)(17) of title 10.’’. 

23 (B) Subparagraph (B) of section 572(b)(1) of 

24 title 40 is amended to read as follows: 
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1 ‘‘(B) BASE CLOSURE LAW.—The term ‘base 

2 closure law’ has the meaning given that term in 

3 section 101(a)(17) of title 10.’’. 

4 (d) DEFINITION OF STATE FOR PURPOSES OF SECTION

5 2694A.—Subsection (i) of section 2694a of title 10, United 

6 States Code, as amended by subsections (b)(6) and (c)(1), 

7 is further amended— 

8 (1) by inserting after paragraph (1) the fol9 lowing new paragraph (2): 

10 ‘‘(2) The term ‘State’ includes the District of Co11 lumbia, the Commonwealth of Puerto Rico, the Com12 monwealth of the Northern Mariana Islands, Guam, 

13 the Virgin Islands, and American Samoa.’’; and 

14 (2) by striking paragraph (4). 

15 (e) MISCELLANEOUS AMENDMENTS TO TITLE 10, 

16 UNITED STATES CODE.—Title 10, United States Code, is 

17 amended as follows: 

18 (1) The tables of chapters at the beginning of 

19 subtitle A, and at the beginning of part I of subtitle 

20 A, are amended by striking ‘‘481’’ in the item relat21 ing to chapter 23 and inserting ‘‘480’’. 

22 (2) Section 130a is amended— 

23 (A) by striking ‘‘Effective October 1, 2002, 

24 the’’ in subsection (a) and inserting ‘‘The’’; 
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1 (B) by striking ‘‘baseline number’’ in sub2 section (a) and all that follows through ‘‘means 

3 the’’ in subsection (c); 

4 (C) by transferring subsection (e) so as to 

5 appear before subsection (d) and redesignating 

6 that subsection as subsection (b); 

7 (D) by redesignating subsections (d) and (f) 

8 as subsection (c) and (d), respectively; and 

9 (E) by striking subsection (g). 

10 (3) Section 437(c) is amended by inserting ‘‘(50 

11 U.S.C. 415b)’’ after ‘‘National Security Act of 1947’’. 

12 (4) Section 487(d) is amended by striking 

13 ‘‘OTHER DEFINITIONS’’ and inserting ‘‘INAPPLICA14 BILITY TO COAST GUARD’’. 

15 (5) Section 503(c)(1)(B) is amended by striking 

16 ‘‘education’’ in the second sentence and inserting 

17 ‘‘educational’’. 

18 (6) Section 632(c)(1) is amended— 

19 (A) by striking ‘‘paragraph (2)’’ and insert20 ing ‘‘paragraph (3)’’; and 

21 (B) by striking ‘‘under that paragraph’’ 

22 and inserting ‘‘under that subsection’’. 

23 (7) The item relating to section 1076b in the 

24 table of sections at the beginning of chapter 55 is 

25 amended to read as follows: 

‘‘1076b. TRICARE program: coverage for members of the Ready Reserve.’’. 
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1 (8) Section 1108(e) is amended by striking 

2 ‘‘heath’’ and inserting ‘‘health’’. 

3 (9) Section 1406(g) is amended— 

4 (A) by striking ‘‘section 305’’ and inserting 

5 ‘‘section 245’’; and 

6 (B) by inserting ‘‘(33 U.S.C. 3045)’’ after 

7 ‘‘of 2002’’. 

8 (10) Sections 1448(b)(1)(F), 1448(d)(2)(B), 

9 1448(d)(6)(A), and 1458(j) are amended by striking 

10 ‘‘on or after the date of the enactment of the National 

11 Defense Authorization Act for Fiscal Year 2004’’ and 

12 inserting ‘‘after November 23, 2003,’’. 

13 (11) Sections 1463(a), 1465(c)(1)(A), 

14 1465(c)(1)(B), 1465(c)(4)(A), 1465(c)(4)(B), and 

15 1466(b)(2)(D) are amended by striking ‘‘1413, 

16 1413a,’’ and inserting ‘‘1413a’’. 

17 (12) Section 1557(b) is amended ‘‘Effective Octo18 ber 1, 2002, final’’ and inserting ‘‘Final’’. 

19 (13) Section 1566 is amended— 

20 (A) in subsection (g)(2), by striking ‘‘the 

21 date that is 6 months after the date of the enact22 ment of the Help America Vote Act of 2002’’ in 

23 the last sentence and inserting ‘‘April 29, 2003’’; 

24 and 
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1 (B) in subsections (h), (i)(1), and (i)(3), by 

2 striking ‘‘Armed Forces’’ and inserting ‘‘armed 

3 forces’’. 

4 (14) Sections 1724(d) and 1732(d)(1) are 

5 amended by striking ‘‘its decision’’ in the second sen6 tence and inserting ‘‘the decision of the Secretary’’. 

7 (15) Section 1761(b) is amended— 

8 (A) in the matter preceding paragraph (1), 

9 by striking ‘‘provide for—’’ and inserting ‘‘pro10 vide for the following:’’; 

11 (B) in paragraphs (1), (2), and (3), by cap12 italizing the first letter of the first word; 

13 (C) at the end of paragraphs (1) and (2), 

14 by striking the semicolon and inserting a period; 

15 (D) at the end of paragraph (3), by striking 

16 ‘‘; and’’ and inserting a period; and 

17 (E) by striking paragraph (4). 

18 (16) Section 2193b(c)(2) is amended by striking 

19 ‘‘the date of the enactment of this section’’ and insert20 ing ‘‘October 5, 1999’’. 

21 (17) Section 2224(c) is amended in the matter 

22 preceding paragraph (1) by striking ‘‘subtitle II of 

23 chapter 35’’ and inserting ‘‘subchapter II of chapter 

24 35’’. 
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1 (18) Section 2349(d) is amended by striking 

2 ‘‘section 2350a(i)(3)’’ and inserting ‘‘section 

3 2350a(i)(2)’’. 

4 (19) Section 2350b(g) is amended— 

5 (A) in the matter preceding paragraph (1), 

6 by inserting ‘‘the Secretary of Defense’’ after 

7 ‘‘authorizing’’; and 

8 (B) in paragraph (1), by striking ‘‘the Sec9 retary of Defense’’. 

10 (20) Section 2540(b)(2) is amended by inserting 

11 ‘‘, as in effect on that date’’ before the period at the 

12 end. 

13 (21) Section 2662(a)(2) is amended— 

14 (A) in the first sentence, by striking ‘‘must 

15 include a summarization’’ and inserting ‘‘shall 

16 include a summary’’; and 

17 (B) in the second sentence, by inserting ‘‘of 

18 paragraph (1)’’ after ‘‘in subparagraph (E)’’. 

19 (22) Section 2672a(a) is amended— 

20 (A) in the matter preceding paragraph (1), 

21 by inserting ‘‘in any case in which the Secretary 

22 determines’’ after ‘‘in land’’; 

23 (B) in paragraph (1), by striking ‘‘the Sec24 retary determines’’ and inserting ‘‘the acquisi25 tion’’; and 
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1 (C) in paragraph (2), by inserting ‘‘the ac2 quisition’’ after ‘‘(2)’’. 

3 (23) Section 2701 is amended— 

4 (A) in subsection (a)(2), by inserting ‘‘(42 

5 U.S.C. 9620)’’ before the period at the end; 

6 (B) in subsection (c)(2), by striking ‘‘of 

7 CERCLA (relating to settlements)’’ and insert8 ing ‘‘(relating to settlements) of CERCLA (42 

9 U.S.C. 9622)’’; 

10 (C) in subsection (e), by inserting ‘‘(42 

11 U.S.C. 9619)’’ after ‘‘CERCLA’’; and 

12 (D) in subsection (j)(2), by striking ‘‘the 

13 Comprehensive’’ and all the follows through ‘‘of 

14 1980’’ and inserting ‘‘CERCLA’’. 

15 (24) Section 2702 is amended by inserting ‘‘(42 

16 U.S.C. 9660(a)(5))’’ in the second sentence of sub17 section (a) before the period at the end. 

18 (25) Section 2703(b) is amended by striking 

19 ‘‘The terms’’ at the beginning of the second sentence 

20 and inserting ‘‘For purposes of the preceding sentence, 

21 the terms’’. 

22 (26) Section 2704 is amended by inserting ‘‘(42 

23 U.S.C. 9604(i))’’ in subsections (c), (e), and (f) after 

24 ‘‘CERCLA’’. 
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1 (27) The second section 3755, added by section 

2 543(b)(1) of the Bob Stump National Defense Author3 ization Act for Fiscal Year 2003 (Public Law 107– 

4 314; 116 Stat. 2549), is redesignated as section 3756, 

5 and the item relating to that section in the table of 

6 sections at the beginning of chapter 357 is revised to 

7 reflect such redesignation. 

8 (28) Section 4689 is amended by striking 

9 ‘‘Building’’ after ‘‘Capitol’’. 

10 (29) The second section 6257, added by section 

11 543(c)(1) of the Bob Stump National Defense Author12 ization Act for Fiscal Year 2003 (Public Law 107– 

13 314; 116 Stat. 2549), is redesignated as section 6258, 

14 and the item relating to that section in the table of 

15 sections at the beginning of chapter 567 is revised to 

16 reflect such redesignation. 

17 (30) Section 7102 is amended— 

18 (A) by striking ‘‘AUTHORITY’’ at the begin19 ning of subsection (a) and inserting ‘‘MASTER

20 OF MILITARY STUDIES’’; 

21 (B) by striking ‘‘MARINE CORPS WAR COL22 LEGE’’ at the beginning of subsection (b) and in23 serting ‘‘MASTER OF STRATEGIC STUDIES’’; 

24 (C) by striking ‘‘COMMAND AND STAFF COL25 LEGE OF THE MARINE CORPS UNIVERSITY’’ at 
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1 the beginning of subsection (c) and inserting 

2 ‘‘MASTER OF OPERATIONAL STUDIES’’; and 

3 (D) by striking ‘‘subsections (a) and (b)’’ in 

4 subsection (d) and inserting ‘‘this section’’. 

5 (31) Section 8084 is amended by striking 

6 ‘‘capabilty’’ and inserting ‘‘capability’’. 

7 (32) The second section 8755, added by section 

8 543(d)(1) of the Bob Stump National Defense Author9 ization Act for Fiscal Year 2003 (Public Law 107– 

10 314; 116 Stat. 2550), is redesignated as section 8756, 

11 and the item relating to that section in the table of 

12 sections at the beginning of chapter 857 is revised to 

13 reflect such redesignation. 

14 (33) The table in section 12012(a) is amended by 

15 inserting a colon after ‘‘Air National Guard’’. 

16 (f) TITLE 37, UNITED STATES CODE.—Section 323(h) 

17 of title 37, United States Code, is amended by striking ‘‘Sec18 retary of Transportation’’ and inserting ‘‘Secretary of 

19 Homeland Security’’. 

20 (g) PUBLIC LAW 108–136.—Effective as of November 

21 24, 2003, and as if included therein as enacted, the Na22 tional Defense Authorization Act for Fiscal Year 2004 (Pub23 lic Law 108–136) is amended as follows: 
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1 (1) Sections 832(a) and 834(a) (117 Stat. 1550) 

2 are each amended by striking ‘‘such title’’ and insert3 ing ‘‘title 10, United States Code,’’ 

4 (2) Section 931(a)(1) (117 Stat. 1580) is amend5 ed by striking ‘‘and donations’’ in the first quoted 

6 matter and inserting ‘‘or donations’’. 

7 (3) Section 2204(b) (117 Stat. 1706) is amended 

8 by striking ‘‘section 2101(a)’’ each place it appears 

9 and inserting ‘‘section 2201(a)’’. 

10 (h) PUBLIC LAW 107–314.—Effective as of December 

11 2, 2002, and as if included therein as enacted, section 

12 1064(a)(2) of the Bob Stump National Defense Authoriza13 tion Act for Fiscal Year 2003 (Public Law 107–314; 116 

14 Stat. 2654) is amended by inserting ‘‘the item relating to’’ 

15 after ‘‘is amended by inserting after’’. 

16 (i) PUBLIC LAW 101–510.—Section 2902(e)(2)(B) of 

17 the Defense Base Closure and Realignment Act of 1990 

18 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

19 2687 note) is amended— 

20 (1) in clause (i), by striking ‘‘Subcommittee on 

21 Readiness, Sustainability, and Support’’ and insert22 ing ‘‘Subcommittee on Readiness and Management 

23 Support’’; and 
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1 (2) in clause (ii), by striking ‘‘Subcommittee on 

2 Military Installations and Facilities’’ and inserting 

3 ‘‘Subcommittee on Readiness’’. 

4 (j) NATIONAL SECURITY ACT OF 1947.—Sections 

5 702(a)(6)(B)(iv)(I), 703(a)(6)(B)(iv)(I), and 

6 704(f)(2)(D)(i) of the National Security Act of 1947 are 

7 amended by striking ‘‘responsible records’’ and inserting 

8 ‘‘responsive records’’. 

9 (k) CODIFICATION RELATING TO LEAVE FOR ATTEND10 ANCE AT CERTAIN HEARINGS.—Subsection (b) of section 

11 363 of the Personal Responsibility and Work Opportunity 

12 Reconciliation Act of 1996 (10 U.S.C. 704 note) is— 

13 (1) transferred to section 704 of title 10, United 

14 States Code; 

15 (2) inserted at the end of that section; 

16 (3) redesignated as subsection (c); and 

17 (4) amended— 

18 (A) by striking ‘‘Armed Forces’’ each place 

19 it appears and inserting ‘‘armed forces’’; 

20 (B) in paragraph (1)— 

21 (i) by striking ‘‘Secretary of each’’ and 

22 all that follows through ‘‘in the Navy,’’ and 

23 inserting ‘‘Secretary concerned’’; and 

24 (ii) by striking ‘‘(as defined in section 

25 101 of title 10, United States Code)’’; and 
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1 (C) in paragraph (3)— 

2 (i) by striking ‘‘For purposes of this 

3 subsection—’’ and inserting ‘‘In this sub4 section:’’; 

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

6 ‘‘title 10, United States Code’’ and inserting 

7 ‘‘this title’’; and 

8 (iii) in subparagraph (B), by striking 

9 ‘‘such term’’ and inserting ‘‘that term’’. 

10 SEC. 1074. COMMISSION ON THE LONG-TERM IMPLEMENTA11 TION OF THE NEW STRATEGIC POSTURE OF 

12 THE UNITED STATES. 

13 (a) ESTABLISHMENT OF COMMISSION.— 

14 (1) ESTABLISHMENT.—There is hereby estab15 lished a commission to be known as the ‘‘Commission 

16 on the Long-Term Implementation of the New Stra17 tegic Posture of the United States’’. The Secretary of 

18 Defense shall enter into a contract with a federally 

19 funded research and development center to provide for 

20 the organization, management, and support of the 

21 Commission. Such contract shall be entered into in 

22 consultation with the Secretary of Energy. 

23 (2) COMPOSITION.—(A) The Commission shall be 

24 composed of 12 members who shall be appointed by 

25 the Secretary of Defense. In selecting individuals for 
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1 appointment to the Commission, the Secretary of De2 fense shall consult with the chairman and ranking 

3 minority member of the Committee on Armed Services 

4 of the Senate and the chairman and ranking minor5 ity member of the Committee on Armed Services of 

6 the House of Representatives. 

7 (B) Members of the Commission shall be ap8 pointed from among private United States citizens 

9 with knowledge and expertise in the political, mili10 tary, operational, and technical aspects of nuclear 

11 strategy. 

12 (3) CHAIRMAN OF THE COMMISSION.—The Sec13 retary of Defense shall designate one of the members 

14 of the Commission to serve as chairman of the Com15 mission. 

16 (4) PERIOD OF APPOINTMENT; VACANCIES.— 

17 Members shall be appointed for the life of the Com18 mission. Any vacancy in the Commission shall be 

19 filled in the same manner as the original appoint20 ment. 

21 (5) SECURITY CLEARANCES.—All members of the 

22 Commission shall hold appropriate security clear23 ances. 

24 (b) DUTIES OF COMMISSION.— 
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1 (1) REVIEW OF LONG-TERM IMPLEMENTATION

2 OF THE NUCLEAR POSTURE REVIEW.—The Commis3 sion shall examine long-term programmatic require4 ments to achieve the goals set forth in the report of 

5 the Secretary of Defense submitted to Congress on De6 cember 31, 2001, providing the results of the Nuclear 

7 Posture Review conducted pursuant to section 1041 of 

8 the Floyd D. Spence National Defense Authorization 

9 Act for Fiscal Year 2001 (as enacted into law by Pub10 lic Law 106–398; 114 Stat. 1654, 1654A–262) and 

11 results of periodic assessments of the Nuclear Posture 

12 Review. Matters examined by the Commission shall 

13 include the following: 

14 (A) The process of establishing requirements 

15 for strategic forces and how that process accom16 modates employment of nonnuclear strike plat17 forms and munitions in a strategic role. 

18 (B) How strategic intelligence, reconnais19 sance, and surveillance requirements differ from 

20 nuclear intelligence, reconnaissance, and surveil21 lance requirements. 

22 (C) The ability of a limited number of stra23 tegic platforms to carry out a growing range of 

24 nonnuclear strategic strike missions. 
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1 (D) The limits of tactical systems to per2 form nonnuclear global strategic missions in a 

3 prompt manner. 

4 (E) An assessment of the ability of the cur5 rent nuclear stockpile to address the evolving 

6 strategic threat environment through 2025. 

7 (2) RECOMMENDATIONS.—The Commission shall 

8 include in its report recommendations with respect to 

9 the following: 

10 (A) Changes to the requirements process to 

11 employ nonnuclear strike platforms and muni12 tions in a strategic role. 

13 (B) Changes to the nuclear stockpile and in14 frastructure required to preserve a nuclear capa15 bility commensurate with the changes to the stra16 tegic threat environment through 2025. 

17 (C) Actions the Secretary of Defense and the 

18 Secretary of Energy can take to preserve flexi19 bility of the defense nuclear comples while reduc20 ing the cost of a Cold War strategic infrastruc21 ture. 

22 (D) Identify shortfalls in the strategic mod23 ernization programs of the United States that 

24 would undermine the ability of the United States 
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1 to develop new nonnuclear strategic strike capa2 bilities. 

3 (3) COOPERATION FROM GOVERNMENT OFFI4 CIALS.—(A) In carrying out its duties, the Commis5 sion shall receive the full and timely cooperation of 

6 the Secretary of Defense, the Secretary of Energy, and 

7 any other United States Government official in pro8 viding the Commission with analyses, briefings, and 

9 other information necessary for the fulfillment of its 

10 responsibilities. 

11 (B) The Secretary of Energy and the Secretary 

12 of Defense shall each designate at least one officer or 

13 employee of the Department of Energy and the De14 partment of Defense, respectively, to serve as a liaison 

15 officer between the department and the Commission. 

16 (c) REPORTS.— 

17 (1) COMMISSION REPORT.—The Commission 

18 shall submit to the Secretary of Defense and the Com19 mittees on Armed Services of the Senate and House 

20 of Representatives a report on the Commission’s find21 ings and conclusions. Such report shall be submitted 

22 not later that 28 months after the date of the first 

23 meeting of the Commission. 

24 (2) SECRETARY OF DEFENSE RESPONSE.—Not 

25 later than one year after the date on which the Com-
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1 mission submits its report under paragraph (1), the 

2 Secretary of Defense shall submit to Congress a re3 port— 

4 (A) commenting on the Commission’s find5 ings and conclusions; and 

6 (B) explaining what actions, if any, the 

7 Secretary intends to take to implement the rec8 ommendations of the Commission and, with re9 spect to each such recommendation, the Sec10 retary’s reasons for implementing, or not imple11 menting, the recommendation. 

12 (d) HEARINGS AND PROCEDURES.— 

13 (1) HEARINGS.—The Commission may, for the 

14 purpose of carrying out the purposes of this section, 

15 hold hearings and take testimony. 

16 (2) PROCEDURES.—The federally funded re17 search and development center with which a contract 

18 is entered into under subsection (a)(1) shall be re19 sponsible for establishing appropriate procedures for 

20 the Commission. 

21 (3) DETAIL OF GOVERNMENT EMPLOYEES.— 

22 Upon request of the chairman of the Commission, the 

23 head of any Federal department or agency may de24 tail, on a nonreimbursable basis, personnel of that de-
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1 partment or agency to the Commission to assist it in 

2 carrying out its duties. 

3 (e) FUNDING.—Funds for activities of the Commission 

4 shall be provided from amounts appropriated for the De5 partment of Defense. 

6 (f) TERMINATION OF COMMISSION.—The Commission 

7 shall terminate 60 days after the date of the submission of 

8 its report under subsection (c)(1). 

9 (g) IMPLEMENTATION.— 

10 (1) FFRDC CONTRACT.—The Secretary of De11 fense shall enter into the contract required under sub12 section (a)(1) not later that 60 days after the date of 

13 the enactment of this Act. 

14 (2) FIRST MEETING.—The Commission shall con15 vene its first meeting not later than 60 days after the 

16 date as of which all members of the Commission have 

17 been appointed. 

18 SEC. 1075. LIABILITY PROTECTION FOR CERTAIN DEPART19 MENT OF DEFENSE VOLUNTEERS WORKING 

20 IN THE MARITIME ENVIRONMENT. 

21 (a) AUTHORITY TO ACCEPT CERTAIN VOLUNTEER

22 SERVICES.—Subsection (a) of section 1588 of title 10, 

23 United States Code, is amended by adding at the end the 

24 following new paragraph: 
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1 ‘‘(8) Voluntary services provided to the United 

2 States Military Academy, United States Naval Acad3 emy, and United States Air Force Academy for the 

4 training of cadets and midshipmen.’’. 

5 (b) LIABILITY PROTECTION FOR VOLUNTEERS IN MAR6 ITIME ENVIRONMENT.—Subparagraph (D) of subsection 

7 (d)(1) of such section is amended— 

8 (1) by striking ‘‘and’’ after ‘‘this title’’ and in9 serting a comma; and 

10 (2) by inserting before the period at the end the 

11 following: ‘‘, and chapters 20 and 22 of title 46 (relat12 ing to claims for damages or loss on navigable wa13 ters)’’. 

14 SEC. 1076. TRANSFER OF HISTORIC F3A-1 BREWSTER COR15 SAIR AIRCRAFT. 

16 (a) AUTHORITY TO CONVEY.—The Secretary of the 

17 Navy may convey, without consideration, to Lex Cralley, 

18 of Princeton Minnesota (in this section referred to as 

19 ‘‘transferee’’), all right, title and interest of the United 

20 States in and to a F3A-1 Brewster Corsair aircraft (Bureau 

21 Number 04634). The conveyance shall be made by means 

22 of a deed of gift. 

23 (b) CONDITION OF AIRCRAFT.—The aircraft shall be 

24 conveyed under subsection (a) in its current unflyable, ‘‘as 

25 is’’ condition. The Secretary is not required to repair or 
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1 alter the condition of the aircraft before conveying owner2 ship of the aircraft. 

3 (c) CONVEYANCE AT NO COST TO THE UNITED

4 STATES.—The conveyance of the aircraft under subsection 

5 (a) shall be made at no cost to the United States. Any costs 

6 associated with the conveyance and costs of operation and 

7 maintenance of the aircraft conveyed shall be borne by the 

8 transferee. 

9 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions 

11 in connection with a conveyance under this section as the 

12 Secretary considers appropriate to protect the interests of 

13 the United States. 

14 TITLE XI—DEPARTMENT OF 

15 DEFENSE CIVILIAN PERSONNEL 

16 SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BEN17 EFIT PREMIUMS FOR MOBILIZED FEDERAL 

18 EMPLOYEES. 

19 (a) AUTHORITY TO CONTINUE BENEFIT COVERAGE.— 

20 Section 8905a of title 5, United States Code is amended— 

21 (1) in subsection (a), by striking ‘‘paragraph (1) 

22 or (2) of’’; 

23 (2) in subsection (b)— 

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

25 at the end; 
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1 (B) in paragraph (2)(C), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) any employee who— 

6 ‘‘(A) is enrolled in a health benefits plan 

7 under this chapter; 

8 ‘‘(B) is a member of a Reserve component 

9 of the armed forces; 

10 ‘‘(C) is called or ordered to active duty in 

11 support of a contingency operation (as defined 

12 in section 101(a)(13) of title 10); 

13 ‘‘(D) is placed on leave without pay or sep14 arated from service to perform active duty; and 

15 ‘‘(E) serves on active duty for a period of 

16 more than 30 consecutive days.’’; and 

17 (4) in subsection (e)(1)— 

18 (A) in subparagraph (A), by striking ‘‘or’’ 

19 at the end; 

20 (B) in subparagraph (B), by striking the 

21 period at the end and inserting ‘‘; or’’; and 

22 (C) by adding at the end the following new 

23 subparagraph: 

24 ‘‘(C) in the case of an employee described in 

25 subsection (b)(3), the date which is 24 months 
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1 after the employee is placed on leave without pay 

2 or separated from service to perform active 

3 duty.’’. 

4 (b) AUTHORITY FOR AGENCIES TO PAY PREMIUMS.— 

5 Subparagraph (C) of section 8906(e)(3) of such title is 

6 amended by striking ‘‘18 months’’ and inserting ‘‘24 

7 months’’. 

8 (c) EFFECTIVE DATE.—The amendments made by this 

9 section shall apply with respect to Federal employees called 

10 or ordered to active duty on or after September 14, 2001. 

11 SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY. 

12 Section 1596a of title 10, United States Code, is 

13 amended— 

14 (1) in subsection (a)(2), by striking ‘‘during a 

15 contingency operation supported by the armed 

16 forces’’; and 

17 (2) in subsection (c), by inserting before the pe18 riod at the end the following: ‘‘and shall not be con19 sidered base pay for any purpose’’. 

20 SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE PER21 SONNEL. 

22 Section 1602 of title 10, United States Code, is amend23 ed— 

24 (1) in subsection (a), by striking ‘‘in relation to 

25 the rates of pay provided in subpart D of part III of 
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1 title 5 for positions subject to that subpart which have 

2 corresponding levels of duties and responsibilities’’ 

3 and inserting ‘‘in relation to the rates of pay pro4 vided for Department of Defense Senior Executive, 

5 Senior Level, and other comparable positions’’; and 

6 (2) by amending subsection (b) to read as fol7 lows: 

8 ‘‘(b) PERFORMANCE APPRAISAL SYSTEM.—The posi9 tions referred to in subsection (a) shall be subject to a per10 formance appraisal system which, as designed and applied, 

11 is certified by the Secretary of Defense as making meaning12 ful distinctions based on relative performance and may be 

13 the same performance appraisal system established and im14 plemented within the Department for members of the Senior 

15 Executive Service.’’. 

16 SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN NON17 APPROPRIATED FUND INSTRUMENTALITIES. 

18 (a) IN GENERAL.—Chapter 81 of title 10, United 

19 States Code, is amended by adding at the end the following 

20 new section: 

21 ‘‘§ 1599e. Senior executive compensation for non22 appropriated fund instrumentalities 

23 ‘‘Notwithstanding any provisions of title 5, the Sec24 retary of Defense may regulate the amount of total com25 pensation, including the rate of basic pay, of senior execu-
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1 tives employed by Department of Defense nonappropriated 

2 fund instrumentalities, to provide for parity with the total 

3 compensation, including basic pay, of Department of De4 fense employees in the Senior Executive Service and other 

5 similar senior executive positions.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections at 

7 the beginning of such chapter is amended by inserting after 

8 the item relating to section 1599d the following new item: 

‘‘1599e. Senior executive compensation for nonappropriated fund instrumentalities.’’. 

9 SEC. 1105. PROHIBITION OF UNAUTHORIZED WEARING OR 

10 USE OF CIVILIAN MEDALS OR DECORATIONS. 

11 Chapter 57 of title 10, United States Code, is amended 

12 by adding at the end the following new section: 

13 ‘‘§ 1134. Civilian medals or decorations of the Depart14 ment of Defense 

15 ‘‘(a) PROHIBITION.—Except with the written permis16 sion of the Secretary of Defense or when authorized by regu17 lations, no person may knowingly— 

18 ‘‘(1) wear; or 

19 ‘‘(2) use, in connection with any merchandise, 

20 retail product, impersonation, solicitation, or com21 mercial activity; 

22 medals, decorations, or other insignia awarded by the Sec23 retary of Defense to recognize Department of Defense civil-
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1 ian employees and other individuals who render service to 

2 the Department of Defense. 

3 ‘‘(b) AUTHORITY TO ENJOIN VIOLATIONS.—Whenever 

4 it appears to the Attorney General that any person is en5 gaged or is about to engage in an act or practice which 

6 constitutes or will constitute conduct prohibited by sub7 section (a), the Attorney General may initiate a civil pro8 ceeding in a district court of the United States to enjoin 

9 such act or practice. Such court shall proceed as soon as 

10 practicable to the hearing and determination of such action 

11 and may, at any time before final determination, enter such 

12 restraining orders or prohibitions, or take such other ac13 tions as is warranted, including imposing a civil penalty 

14 not to exceed $25,000 for each violation, to prevent injury 

15 to the United States or to any person or class of persons 

16 for whose protection the action is brought.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of such chapter is amended by adding at the 

19 end the following new item: 

‘‘1134. Civilian medals or decorations of the Department of Defense.’’ 
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1 TITLE XII—MATTERS RELATING 

2 TO OTHER NATIONS 

3 Subtitle A—Matters Relating to 

4 Iraq, Afghanistan, and Global 

5 War on Terrorism 

6 SEC. 1201. DOCUMENTATION OF CONDITIONS IN IRAQ 

7 UNDER FORMER DICTATORIAL GOVERNMENT 

8 AS PART OF TRANSITION TO POST-DICTATO9 RIAL GOVERNMENT. 

10 (a) FINDINGS.—The Congress makes the following 

11 findings: 

12 (1) The regime of Saddam Hussein in Iraq was 

13 a dictatorial regime prone to secrecy in the mainte14 nance of its hold on power. 

15 (2) The people of Iraq all suffered as a result of 

16 Saddam Hussein’s dictatorial control. 

17 (3) Efforts in other post-dictatorial states to doc18 ument the crimes and abuses of their predecessor dic19 tatorial governments have contributed to the process 

20 of national reconciliation and have served as a re21 minder about the importance of protecting individual 

22 rights. 

23 (b) TRANSFER OF CERTAIN DOCUMENTS AND

24 RECORDS.—The Secretary of Defense shall, to the extent 

25 practicable, establish a process for expeditiously transfer-
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1 ring to indigenous Iraqi entities committed to documenting 

2 publicly the nature of the Saddam Hussein regime any doc3 uments and records described in subsection (c) that are ob4 tained by United States military forces in Iraq. 

5 (c) COVERED DOCUMENTS AND RECORDS.—The docu6 ments and records referred to in subsection (b) are docu7 ments and records— 

8 (1) that were created by— 

9 (A) the Government of Iraq between 1968 

10 and May 1, 2003; or 

11 (B) the Ba’ath Socialist Party in Iraq after 

12 1968; and 

13 (2) that provide insight into— 

14 (A) the functioning of the Government of 

15 Iraq or the Ba’ath Socialist Party in Iraq; or 

16 (B) the crimes, atrocities, and brutal prac17 tices of the Iraqi government towards the people 

18 of Iraq during the period between 1968 and May 

19 1, 2003. 

20 SEC. 1202. SUPPORT OF MILITARY OPERATIONS TO COMBAT 

21 TERRORISM. 

22 (a) AUTHORITY.—The Secretary of Defense may ex23 pend up to $25,000,000 during any fiscal year during 

24 which this subsection is in effect to provide support to for25 eign forces, irregular forces, groups, or individuals engaged 
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1 in supporting or facilitating ongoing military operations 

2 by United States special operations forces to combat ter3 rorism. 

4 (b) INTELLIGENCE ACTIVITIES.—This section does not 

5 constitute authority to conduct a covert action, as such term 

6 is defined in section 503(e) of the National Security Act 

7 of 1947 (50 U.S.C. 413b(e)). 

8 (c) ANNUAL REPORT.—Not later than 30 days after 

9 the close of each fiscal year during which subsection (a) is 

10 in effect, the Secretary of Defense shall submit to the con11 gressional defense committees a report on support provided 

12 under this section during that fiscal year. Each such report 

13 shall describe the support provided, including a statement 

14 of the recipient of the support and the amount obligated 

15 to provide the support. 

16 (d) FISCAL YEAR 2005 LIMITATION.—Support may be 

17 provided under subsection (a) during fiscal year 2005 only 

18 from funds made available for operations and maintenance 

19 pursuant to title XV of this Act. 

20 (e) PERIOD OF AUTHORITY.—The authority under 

21 subsection (a) is in effect during each of fiscal years 2005 

22 through 2007. 
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1 SEC. 1203. COMMANDERS’ EMERGENCY RESPONSE PRO2 GRAM. 

3 (a) FISCAL YEAR 2005 AUTHORITY.—During fiscal 

4 year 2005, from funds made available to the Department 

5 of Defense for operation and maintenance pursuant to title 

6 XV of this Act, not to exceed $300,000,000 may be used, 

7 notwithstanding any other provision of law, to provide 

8 funds for the Commanders’ Emergency Response Program, 

9 established by the Administrator of the Coalition Provi10 sional Authority for the purpose of enabling military com11 manders in Iraq to respond to urgent humanitarian relief 

12 and reconstruction requirements within their areas of re13 sponsibility by carrying out programs that will imme14 diately assist the Iraqi people, and to provide funds for a 

15 similar program to assist the people of Afghanistan. 

16 (b) QUARTERLY REPORTS.—The Secretary of Defense 

17 shall submit to the congressional defense committees a quar18 terly report, beginning on January 15, 2005, regarding the 

19 source of funds and the allocation and use of funds made 

20 available pursuant to the authorityprovided in this section. 

21 SEC. 1204. STATUS OF IRAQI SECURITY FORCES. 

22 (a) STRATEGIC PLAN.—No later than 120 days after 

23 the date of the enactment of this Act, the Secretary of De24 fense shall submit to the Committees on Armed Services of 

25 the Senate and House of Representatives a strategic plan 

26 setting forth the manner in which the United States will 
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1 achieve the goal of establishing viable and professional Iraqi 

2 security forces able to provide for the long-term security of 

3 the Iraqi people. 

4 (b) COMPONENTS.—The strategic plan established 

5 under subsection (a) shall include at least the following: 

6 (1) Recruiting and retention goals, shown for 

7 each service of the Iraqi security forces. 

8 (2) Training plans for each service of the Iraqi 

9 security forces. 

10 (3) A description of metrics by which progress 

11 toward the goal of Iraqi provision for its own security 

12 can be measured. 

13 (4) A description of equipment needs, shown for 

14 each service of the Iraqi security forces. 

15 (5) A resourcing plan for achieving the goals of 

16 the strategic plan. 

17 (6) Personnel plans in terms of United States 

18 military and contractor personnel to be used in train19 ing each such service. 

20 (7) A description of challenges faced and oppor21 tunities presented in particular regions of Iraq and 

22 a plan for addressing those challenges. 

23 (8) A discussion of training and deployment suc24 cesses and failures to the date of the report and how 
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1 lessons from those successes and failures will be incor2 porated into the strategic plan. 

3 (c) SUBSEQUENT REPORTS.—Ninety days following 

4 the submission of the strategic plan to Congress under sub5 section (a) and every 90 days thereafter, the Secretary shall 

6 submit to the Committees on Armed Services of the Senate 

7 and House of Representatives a report on progress toward 

8 meeting the goals established in the strategic plan. Each 

9 such report shall address the following: 

10 (1) The number of forces recruited, currently 

11 serving, and that have left (along with a break-down 

12 of the reasons for leaving) by service over the period 

13 in question. 

14 (2) Progress in meeting training goals. 

15 (3) Progress in achieving other metrics as identi16 fied in the strategic plan. 

17 (4) A description and analysis of any training 

18 incidents and deployment successes and failures, with 

19 a discussion of how those incidents and successes will 

20 affect future efforts to achieve the goals of the strategic 

21 plan. 

22 (d) IRAQI SECURITY FORCES DEFINED.—In this sec23 tion, the term ‘‘Iraqi security forces’’ means the Iraqi 

24 Armed Forces (IAF), the Iraqi Civil Defense Corps (ICDC), 

25 the Iraqi Police Service (IPS), the Department of Border 
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1 Enforcement (DBE), and the Facilities Protection Services 

2 (FCS). 

3 SEC. 1205. GUIDANCE AND REPORT REQUIRED ON CON4 TRACTORS SUPPORTING DEPLOYED FORCES 

5 IN IRAQ. 

6 (a) GUIDANCE.—Not later than 90 days after the date 

7 of the enactment of this Act, the Secretary of Defense shall 

8 issue guidance on how to manage contractors that support 

9 deployed forces and shall direct the Secretaries of the mili10 tary departments to develop procedures to ensure implemen11 tation of the guidance. The guidance shall— 

12 (1) establish policies for the use of contractors to 

13 support deployed forces; 

14 (2) delineate the roles and responsibilities of 

15 commanders regarding the management and oversight 

16 of contractors that support deployed forces; and 

17 (3) integrate into a single document other guid18 ance and doctrine that may affect Department of De19 fense responsibilities to contractors in locations where 

20 members of the Armed Forces are deployed. 

21 (b) REPORT.—Not later than 30 days after issuing the 

22 guidance required under subsection (a), the Secretary of De23 fense shall submit to the Committees on Armed Services of 

24 the House of Representatives and the Senate a report con25 taining a discussion of the following: 
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1 (1) A description of the process used by the De2 partment of Defense for deciding which security func3 tions in Iraq will be performed by military personnel 

4 and which by private security companies. 

5 (2) A discussion of the overall chain of command 

6 and oversight mechanisms that are in place to ensure 

7 adequate command and supervision of contractor per8 sonnel in critical security roles. 

9 (3) An explanation of the rules of engagement for 

10 private security personnel throughout Iraq, along 

11 with how training in these rules of engagement is 

12 being carried out. 

13 (4) A description of mechanisms that exist or 

14 that are under consideration to share intelligence and 

15 standardize communications procedures among pri16 vate security companies. 

17 (5) Casualty and fatality figures for each con18 tractor in Iraq supporting deployed forces over the pe19 riod beginning on May 1, 2003, and ending on the 

20 date of the issuance of the guidance. 

21 (6) Disciplinary or criminal actions brought 

22 against such contractors during the period covered by 

23 the report. 

24 (7) Any incidents of note in Iraq regarding such 

25 contractors during the period covered by the report. 
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1 (8) A plan for establishing and implementing a 

2 process for collecting data on individual contractors, 

3 the value of the contracts, and the number of per4 sonnel in Iraq performing the following services: 

5 (A) Personal security details. 

6 (B) Non-military site security. 

7 (C) Non-military convoy security. 

8 (D) Interrogation services at interrogation 

9 centers operated by the Department of Defense. 

10 SEC. 1206. FINDINGS AND SENSE OF CONGRESS CON11 CERNING ARMY SPECIALIST JOSEPH DARBY. 

12 (a) FINDINGS.—Congress makes the following findings: 

13 (1) The need to act in accord with one’s con14 science, risking one’s career and even the esteem of 

15 one’s colleagues by pursuing what is right is espe16 cially important today. 

17 (2) While the Department of Defense investigate 

18 the horrific abuses in American detention facilities in 

19 Iraq, the Nation should bear in mind that the abuses 

20 were only brought to light because of the courage of 

21 an American soldier. 

22 (3) By alerting his superiors to abuses at Abu 

23 Ghraib prison in Iraq, Army Specialist Joseph Darby 

24 demonstrated the courage to speak out and do what 

25 is right for his country. 
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1 (4) Such an action is especially important in 

2 light of the many challenges facing the country. 

3 (5) Specialist Darby deserves the Nation’s thanks 

4 for speaking up and for standing up for what is 

5 right. 

6 (b) SENSE OF CONGRESS.—It is the sense of Congress 

7 that— 

8 (1) the Secretary of Defense should make every 

9 protection available to Army Specialist Joseph Darby 

10 and others who demonstrate such courage; and 

11 (2) Specialist Darby should be commended ap12 propriately by the Secretary of the Army. 

13 Subtitle B—Other Matters 

14 SEC. 1211. ASSIGNMENT OF ALLIED NAVAL PERSONNEL TO 

15 SUBMARINE SAFETY PROGRAMS. 

16 (a) IN GENERAL.—Chapter 631 of title 10, United 

17 States Code, is amended by adding at the end the following 

18 new section: 

19 ‘‘§ 7234. Submarine safety programs: participation of 

20 allied naval personnel 

21 ‘‘(a) ACCEPTANCE OF ASSIGNMENT OF FOREIGN

22 NAVAL PERSONNEL.—In order to facilitate the development, 

23 standardization, and interoperability of submarine vessel 

24 safety and rescue systems and procedures, the Secretary of 

25 the Navy may conduct a program under which members 
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1 of the naval service of any of the member nations of the 

2 North Atlantic Treaty Organization and Australia, Japan, 

3 the Republic of Korea, and Sweden may be assigned to 

4 United States commands to work on such systems and pro5 cedures. 

6 ‘‘(b) COSTS FOR FOREIGN PERSONNEL.—(1) The 

7 United States may not pay the following costs for a member 

8 of a foreign naval service sent to the United States under 

9 the program authorized by this section: 

10 ‘‘(A) Salary. 

11 ‘‘(B) Per diem. 

12 ‘‘(C) Cost of living. 

13 ‘‘(D) Travel costs. 

14 ‘‘(E) Cost of language or other training. 

15 ‘‘(F) Other costs. 

16 ‘‘(2) Paragraph (1) does not apply to the following 

17 costs, which may be paid by the United States: 

18 ‘‘(A) The cost of temporary duty directed by the 

19 United States Navy. 

20 ‘‘(B) The cost of training programs conducted to 

21 familiarize, orient, or certify members of foreign 

22 naval services regarding unique aspects of their as23 signments. 
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1 ‘‘(C) Costs incident to the use of the facilities of 

2 the United States Navy in the performance of as3 signed duties. 

4 ‘‘(d) APPLICABILITY TO AUTHORITY TO ENTER INTO

5 AGREEMENTS.—The requirements of this section shall 

6 apply in the exercise of any authority of the Secretary of 

7 the Navy to enter into an agreement with the government 

8 of a foreign country, subject to the concurrence of the Sec9 retary of State, to provide for the assignment of members 

10 of the naval service of the foreign country to a United States 

11 Navy submarine safety program. 

12 ‘‘(e) REGULATIONS.—The Secretary of the Navy may 

13 prescribe regulations for the application of this section in 

14 the exercise of authority referred to in subsection (d).’’. 

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

16 the beginning of such chapter is amended by adding at the 

17 end the following new item: 

‘‘7234. Submarine safety programs: participation of allied naval personnel.’’. 

18 SEC. 1212. EXPANSION OF ENTITIES OF THE PEOPLE’S RE19 PUBLIC OF CHINA SUBJECT TO CERTAIN 

20 PRESIDENTIAL AUTHORITIES WHEN OPER21 ATING IN THE UNITED STATES. 

22 Section 1237(b)(4)(B)(i) of the Strom Thurmond Na23 tional Defense Authorization Act for Fiscal Year 1999 (50 

24 U.S.C. 1701 note) is amended by inserting after ‘‘the Peo25 ple’s Liberation Army’’ the following: ‘‘, by a ministry of 
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1 the government of the People’s Republic of China, or by an 

2 entity affiliated with the defense industrial base of the Peo3 ple’s Republic of China’’. 

4 SEC. 1213. REPORT BY PRESIDENT ON GLOBAL PEACE OP5 ERATIONS INITIATIVE. 

6 Not later than one year after the date of the enactment 

7 of this Act, the President shall submit to the Congress a 

8 report on the Global Peace Operations Initiative. The report 

9 shall include the following elements: 

10 (1) A summary of the goals of the Global Peace 

11 Operations Initiative and the timetable for achieving 

12 those goals. 

13 (2) An examination of the mechanisms by which 

14 the United States will ensure that foreign countries 

15 acquiring new capabilities as a result of that Initia16 tive will use those capabilities to the national security 

17 benefit of the United States. 

18 (3) An examination of the mechanisms by which 

19 the United States will ensure that training and 

20 equipment provided under that Initiative are used 

21 solely for the purposes of peacekeeping and peace en22 forcement operations. 

23 (4) An examination of the human rights prac24 tices of potential recipients under that Initiative, to 
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1 include a discussion of each potential recipient’s com2 mitment to representative government. 

3 (5) As assessment of the financial resources re4 quired to carry out that Initiative during fiscal years 

5 2005 through 2009. 

6 (6) An assessment of the effectiveness of the pro7 gram of the Department of State referred to as the Af8 rican Contingency Operations and Training Assist9 ance program and the capacity of that program to be 

10 expanded. 

11 (7) A review that compares and contrasts the 

12 basic military skills required of warfighters and the 

13 skills needed for peacekeeping and peace enforcement 

14 operations. 

15 (8) An assessment of the ability of military 

16 forces in the developing world to absorb, retain, and 

17 use the advanced skills and capabilities needed for ef18 fective peacekeeping and peace enforcement oper19 ations. 

20 (9) A proposal for providing sufficient resources 

21 to the Department of State to conduct the Global 

22 Peace Operations Initiative without significant finan23 cial contributions from the Department of Defense. 

24 (10) An explanation of the reasons of the Admin25 istration for proposing to exempt the Global Peace 
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1 Operations Initiative from existing law related to the 

2 type of military and police training the United 

3 States may provide to foreign countries. 

4 (11) An examination of the costs and benefits of 

5 transferring responsibility for the training and equip6 ping of foreign military and security forces from the 

7 Department of State to the Department of Defense, 

8 including an identification of any increased resources 

9 that will be provided to the Department of Defense 

10 should the Department of Defense become responsible 

11 for that activity. 

12 SEC. 1214. PROCUREMENT SANCTIONS AGAINST FOREIGN 

13 PERSONS THAT TRANSFER CERTAIN DE14 FENSE ARTICLES AND SERVICES TO THE PEO15 PLE’S REPUBLIC OF CHINA. 

16 (a) DECLARATION OF POLICY.—Congress declares that 

17 it is the policy of the United States to deny the People’s 

18 Republic of China such defense goods and defense technology 

19 that could be used to threaten the United States or under20 mine the security of Taiwan or the stability of the Western 

21 Pacific region. 

22 (b) PROCUREMENT SANCTION.—(1) The Secretary of 

23 Defense may not procure, by contract or otherwise, any 

24 goods or services from— 
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1 (A) any foreign person the Secretary of Defense 

2 determines has, with actual knowledge, on or after the 

3 date of the enactment of this Act, exported, trans4 ferred, or otherwise provided to governmental or non5 governmental entities of the People’s Republic of 

6 China any item or class of items on the United States 

7 Munitions List (or any item or class of items that are 

8 identical, substantially identical, or directly competi9 tive to an item or class of items on the United States 

10 Munitions List); and 

11 (B) any foreign person the Secretary of Defense 

12 determines— 

13 (i) is a successor entity to a person referred 

14 to in paragraph (1); 

15 (ii) is a parent or subsidiary of a person 

16 referred to in paragraph (1); or 

17 (iii) is an affiliate of a person referred to 

18 in paragraph (1) if that affiliate is controlled in 

19 fact by such person. 

20 (2) The prohibition under paragraph (1) with respect 

21 to a foreign person shall last for a period of five years after 

22 a determination is made by the Secretary of Defense with 

23 respect to that person under paragraph (1)(A). 

24 (c) PUBLIC AVAILABILITY OF LIST OF SANCTIONED

25 PERSONS.—(1) The Secretary of Defense shall annually 
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1 publish in the Federal Register a current list of any foreign 

2 persons sanctioned under subsection (b). The removal of for3 eign persons from, and the addition of foreign persons to, 

4 the list shall also be so published. 

5 (2) The Secretary shall maintain the list published 

6 under paragraph (1) on the Internet website of the Depart7 ment of Defense. 

8 (d) REMOVAL FROM LIST OF SANCTIONED PER9 SONS.—The Secretary of Defense may remove a person from 

10 the list of sanctioned persons referred to in subsection (c) 

11 only after the five-year prohibition period imposed under 

12 subsection (b) with respect to the person has expired. 

13 (e) EXCEPTIONS.—(1) Subsection (b) shall not 

14 apply— 

15 (A) to contracts, or subcontracts under such con16 tracts, in existence on the date of the enactment of 

17 this Act, including options under such contracts; 

18 (B) if the Secretary of Defense determines in 

19 writing that the person to which the sanctions would 

20 otherwise be applied is a sole source supplier of the 

21 goods or services being procured, that the goods or 

22 services are essential, and that alternative sources are 

23 not readily or reasonably available; 

24 (C) in the case of a contract for routine servicing 

25 and maintenance, if the Secretary of Defense deter-
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1 mines in writing alternative sources for performing 

2 the contract are not readily or reasonably available; 

3 or 

4 (D) if the Secretary of Defense determines in 

5 writing that goods or services proposed to be procured 

6 under the contract are essential to the national secu7 rity of the United States. 

8 (2) Determinations under paragraph (1) shall be pub9 lished in the Federal Register. 

10 (f) DEFINITIONS.—In this section: 

11 (1) The term ‘‘foreign person’’ has the meaning 

12 given the term in section 14 of the Iran and Libya 

13 Sanctions Act of 1996 (50 U.S.C. 1701). 

14 (2) The term ‘‘United States Munitions List’’ 

15 means the list referred to in section 38(a)(1) of the 

16 Arms Export Control Act (22 U.S.C. 2778(a)(1)). 

17 TITLE XIII—COOPERATIVE 

18 THREAT REDUCTION WITH 

19 STATES OF THE FORMER SO20 VIET UNION 

21 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE22 DUCTION PROGRAMS AND FUNDS. 

23 (a) SPECIFICATION OF CTR PROGRAMS.—For pur24 poses of section 301 and other provisions of this Act, Coop25 erative Threat Reduction programs are the programs speci-
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1 fied in section 1501(b) of the National Defense Authoriza2 tion Act for Fiscal Year 1997 (Public Law 104–201; 110 

3 Stat. 2731; 50 U.S.C. 2362 note). 

4 (b) FISCAL YEAR 2005 COOPERATIVE THREAT REDUC5 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis6 cal year 2005 Cooperative Threat Reduction funds’’ means 

7 the funds appropriated pursuant to the authorization of ap8 propriations in section 301 for Cooperative Threat Reduc9 tion programs. 

10 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

11 pursuant to the authorization of appropriations in section 

12 301 for Cooperative Threat Reduction programs shall be 

13 available for obligation for three fiscal years. 

14 SEC. 1302. FUNDING ALLOCATIONS. 

15 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

16 amount authorized to be appropriated to the Department 

17 of Defense for fiscal year 2005 in section 301(19) for Coop18 erative Threat Reduction programs, the following amounts 

19 may be obligated for the purposes specified: 

20 (1) For strategic offensive arms elimination in 

21 Russia, $58,522,000. 

22 (2) For nuclear weapons transportation security 

23 in Russia, $26,284,000. 

24 (3) For nuclear weapons storage security in Rus25 sia, $48,720,000. 
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1 (4) For activities designated as Other Assess2 ments/Administrative Support, $14,267,000. 

3 (5) For defense and military contacts, 

4 $8,000,000. 

5 (6) For chemical weapons destruction in Russia, 

6 $158,400,000. 

7 (7) For biological weapons proliferation preven8 tion in the former Soviet Union, $55,013,000. 

9 (8) For weapons of mass destruction prolifera10 tion prevention in the states of the former Soviet 

11 Union, $40,030,000. 

12 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

13 FUNDS FOR OTHER PURPOSES.—No fiscal year 2005 Coop14 erative Threat Reduction funds may be obligated or ex15 pended for a purpose other than a purpose listed in para16 graphs (1) through (8) of subsection (a) until 30 days after 

17 the date that the Secretary of Defense submits to Congress 

18 a report on the purpose for which the funds will be obligated 

19 or expended and the amount of funds to be obligated or ex20 pended. Nothing in the preceding sentence shall be construed 

21 as authorizing the obligation or expenditure of fiscal year 

22 2005 Cooperative Threat Reduction funds for a purpose for 

23 which the obligation or expenditure of such funds is specifi24 cally prohibited under this title or any other provision of 

25 law. 
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1 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

2 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 

3 case in which the Secretary of Defense determines that it 

4 is necessary to do so in the national interest, the Secretary 

5 may obligate amounts appropriated for fiscal year 2005 for 

6 a purpose listed in any of the paragraphs in subsection (a) 

7 in excess of the specific amount authorized for that purpose. 

8 (2) An obligation of funds for a purpose stated in any 

9 of the paragraphs in subsection (a) in excess of the specific 

10 amount authorized for such purpose may be made using 

11 the authority provided in paragraph (1) only after— 

12 (A) the Secretary submits to Congress notifica13 tion of the intent to do so together with a complete 

14 discussion of the justification for doing so; and 

15 (B) 15 days have elapsed following the date of 

16 the notification. 

17 (3) The Secretary may not, under the authority pro18 vided in paragraph (1), obligate amounts for a purpose 

19 stated in any of paragraphs (5) through (8) of subsection 

20 (a) in excess of 125 percent of the specific amount author21 ized for such purpose. 
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1 SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION 

2 ON FUNDING FOR CHEMICAL WEAPONS DE3 STRUCTION FACILITY IN RUSSIA. 

4 (a) TEMPORARY AUTHORITY.—Section 1305 of the Na5 tional Defense Authorization Act for Fiscal Year 2000 (Pub6 lic Law 106–65; 22 U.S.C. 5952 note) shall not apply if 

7 the President submits to Congress a written certification 

8 that includes— 

9 (1) a statement as to why a waiver of the condi10 tions described in such section 1305 is important to 

11 the national security interests of the United States; 

12 (2) a full and complete justification for the waiv13 er of the conditions; and 

14 (3) a plan to promote a full and accurate disclo15 sure by Russia regarding the size, content, status, and 

16 location of its chemical weapons stockpile. 

17 (b) EXPIRATION.—The authority in subsection (a) 

18 shall expire on September 30, 2005. 

19 TITLE XIV—EXPORT CONTROLS 

20 AND COUNTERPROLIFER21 ATION MATTERS 

22 Subtitle A—Export Control Matters 

23 SEC. 1401. DEFINITIONS UNDER ARMS EXPORT CONTROL 

24 ACT. 

25 Section 47 of the Arms Export Control Act (22 U.S.C. 

26 2794) is amended— 
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1 (1) in paragraph (10)— 

2 (A) by moving the margin two ems to the 

3 left; and 

4 (B) by striking ‘‘and’’ at the end; 

5 (2) in paragraph (11)— 

6 (A) by moving the margin two ems to the 

7 left; and 

8 (B) by striking the period at the end and 

9 inserting a semicolon; and 

10 (3) by adding at the end the following: 

11 ‘‘(12) ‘license’ means a document bearing the word li12 cense issued by the United States Government agency 

13 charged with implementing section 38 of this Act, which 

14 permits the export or import of a defense article or defense 

15 service; 

16 ‘‘(13) ‘agent’ means a representative or emissary of a 

17 government other than an officer or employee of the govern18 ment; and 

19 ‘‘(14) ‘exporting agent’ means a freight forwarder or 

20 other consignee designated on a license application who is 

21 authorized to act on behalf of and the control of the license 

22 applicant.’’. 
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1 SEC. 1402. EXEMPTION FROM LICENSING REQUIREMENTS 

2 FOR EXPORT OF SIGNIFICANT MILITARY 

3 EQUIPMENT. 

4 Section 38(b)(2) of the Arms Export Control Act (22 

5 U.S.C. 2778(b)(2)) is amended— 

6 (1) by striking ‘‘(2) Except’’ and inserting 

7 ‘‘(2)(A) Except’’; 

8 (2) by striking ‘‘(A) for official’’ and inserting 

9 ‘‘(i) for official’’ and further by striking ‘‘(B) for car10 rying out’’ and inserting ‘‘(ii) for carrying out’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(B) The President may not establish an exemption 

13 in regulation or otherwise from the license requirements of 

14 this section for the export of a defense article that is signifi15 cant military equipment (other than a firearm that is in16 tended for personal use).’’. 

17 SEC. 1403. COOPERATIVE PROJECTS WITH FRIENDLY FOR18 EIGN COUNTRIES. 

19 Section 27 of the Arms Export Control Act (22 U.S.C. 

20 2767) is amended— 

21 (1) in subsection (g) to read as follows: 

22 ‘‘(g) Unless the President states in his certification 

23 that an emergency exists which requires the immediate ap24 proval of the cooperative agreement in the national security 

25 interests of the United States (in which case the President 

26 shall set forth in the certification a justification for this 
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1 determination), an agreement shall not be signed if, within 

2 the 30-day period specified in subsection (f), a joint resolu3 tion prohibiting the agreement is enacted into law.’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(k) A license shall be required for the export of defense 

6 articles or defense services relating to a cooperative project 

7 by any person required to be registered under section 

8 38(b)(1)(A)(i) whenever such export is made pursuant to, 

9 or in furtherance of, a private contract, purchase order, or 

10 similar commercial arrangement with a foreign corpora11 tion.’’. 

12 SEC. 1404. LICENSING REQUIREMENT FOR EXPORT OF MILI13 TARILY CRITICAL TECHNOLOGIES. 

14 (a) LICENSING REQUIREMENT.—The President shall 

15 require a license under the Export Administration Regula16 tions of the Department of Commerce (15 C.F.R. part 730 

17 et seq.) or the International Traffic in Arms Regulations 

18 (22 C.F.R. part 120 et seq.), as the case may be, for the 

19 export of goods or technologies included on the Militarily 

20 Critical Technologies List. 

21 (b) DEFINITION.—In this section, the term ‘‘Militarily 

22 Critical Technologies List’’ means the list required to be de23 veloped by the Secretary of Defense pursuant to section 

24 5(d)(2) of the Export Administration Act of 1979 (50 

25 U.S.C. App. 2404(d)(2)), as such list was effect on January 
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1 20, 2004, and includes any goods or technologies that have 

2 been added to the list after that date. 

3 SEC. 1405. CONTROL OF EXPORTS OF UNITED STATES 

4 WEAPONS TECHNOLOGY TO THE PEOPLE’S 

5 REPUBLIC OF CHINA. 

6 A dual use good or technology subject to the jurisdic7 tion of the Export Administration Regulations of the De8 partment of Commerce (15 C.F.R. part 730 et seq.) and 

9 a defense article or defense service subject to the jurisdiction 

10 of the International Traffic in Arms Regulations (22 C.F.R. 

11 part 120 et seq.) may be exported to a foreign person or 

12 a foreign country that has previously exported any such 

13 item to the military, intelligence, police, or internal secu14 rity services of the Government of the People’s Republic of 

15 China that would be prohibited for export to China if sub16 ject to United States export control laws only if— 

17 (1) a license for such export is approved under 

18 the Export Administration Regulations or the Inter19 national Traffic in Arms Regulations and the Sec20 retary of Defense concurs in the approval of such li21 cense; and 

22 (2) the foreign person or foreign country agrees 

23 in writing not to transfer title to or possession of, or 

24 otherwise provide access to, the licensed items, unless 

25 the President provides written consent thereto. 
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1 SEC. 1406. STRENGTHENING INTERNATIONAL EXPORT CON2 TROLS. 

3 (a) FINDING.—The Congress recognizes that the inter4 national export control system, as currently constituted, is 

5 insufficient to achieve the national security interests of the 

6 United States. 

7 (b) NATIONAL EXPORT CONTROL POLICY.—It is the 

8 policy of the United States to seek continued negotiations 

9 of a strengthened international export control system for the 

10 control of arms and militarily-sensitive goods and tech11 nology to countries of concern. 

12 (c) PRESIDENTIAL REPORTING REQUIREMENT.—(1) 

13 Not later than 180 days after the date of the enactment of 

14 this Act, and every six months thereafter, the President shall 

15 submit to the committees referred to in subsection (d) a re16 port setting forth the President’s plan for effecting a 

17 strengthened international export control system capable of 

18 achieving the national security interests of the United 

19 States. 

20 (2) The report shall include— 

21 (A) an evaluation of the effectiveness of the cur22 rent international export control system; 

23 (B) a plan for negotiating and implementing a 

24 strengthened international export control system ca25 pable of achieving the national security interests of 

26 the United States; and 
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1 (C) challenges to and progress in negotiating 

2 and implementing that plan. 

3 (d) COMMITTEES; CLASSIFICATION OF REPORT.—(1) 

4 The report required by subsection (c) shall be submitted 

5 to— 

6 (A) the Committee on Armed Services, the Com7 mittee on International Relations, and the Permanent 

8 Select Committee on Intelligence of the House of Rep9 resentatives; and 

10 (B) the Committee on Armed Services, the Com11 mittee on Banking, Housing and Urban Affairs, and 

12 the Select Committee on Intelligence of the Senate. 

13 (2) The report shall be submitted in unclassified form 

14 and, as necessary, in classified form. 

15 Subtitle B—Counterproliferation 

16 Matters 

17 SEC. 1411. DEFENSE INTERNATIONAL COUNTER18 PROLIFERATION PROGRAMS. 

19 (a) INTERNATIONAL SECURITY PROGRAM TO PREVENT

20 UNAUTHORIZED TRANSFER AND TRANSPORTATION OF

21 WMDS.—Subsection (b) of section 1424 of the Defense 

22 Against Weapons of Mass Destruction Act of 1996 (50 

23 U.S.C. 2333) is amended to read as follows: 

24 ‘‘(b) OTHER COUNTRIES.—The Secretary of Defense 

25 may carry out programs under subsection (a) in a country 
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1 other than a country specified in that subsection if the Sec2 retary determines that there exists in that country a signifi3 cant threat of the unauthorized transfer and transportation 

4 of nuclear, biological, or chemical weapons or related mate5 rials.’’. 

6 (b) INTERNATIONAL TRAINING PROGRAM TO DETER

7 WMD PROLIFERATION.—Section 1504(e)(3)(A) of the Na8 tional Defense Authorization Act for Fiscal Year 1995 (Pub9 lic Law 103–337; 108 Stat. 2918) is amended— 

10 (1) by striking ‘‘The training program referred 

11 to in paragraph (1)(B) is a’’ and inserting ‘The Sec12 retary of Defense may participate in a’’; 

13 (2) by inserting ‘‘of’’ after ‘‘acquisition’’; 

14 (3) by striking ‘‘and’’ after ‘‘countries’’; and 

15 (4) by inserting before the period at the end the 

16 following: ‘‘, and in other countries in which, as de17 termined by the Secretary of Defense, there exists a 

18 significant threat of such proliferation and acquisi19 tion’’. 

20 SEC. 1412. DEFENSE COUNTERPROLIFERATION FELLOW21 SHIP PROGRAM. 

22 (a) PROGRAM AUTHORIZED.—Chapter 101 of title 10, 

23 United States Code, is amended by adding at the end the 

24 following new section: 
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1 ‘‘§ 2015. Defense counterproliferation fellowship pro2 gram 

3 ‘‘(a) PROGRAM AUTHORITY.—The Secretary of Defense 

4 may carry out a program under which foreign military de5 fense personnel are selected to attend Department of Defense 

6 courses and programs in counterproliferation and non7 proliferation matters in order to improve the ability of the 

8 foreign military defense personnel to contribute to halting 

9 the illicit acquisition or transportation of weapons of mass 

10 destruction or of materials that support the development or 

11 use of such weapons. 

12 ‘‘(b) AUTHORITY TO PAY FOR COSTS OF PARTICI13 PANTS.—The Secretary of Defense may pay for all costs (in14 cluding transportation, travel, and subsistence costs) associ15 ated with the attendance by a participant at courses and 

16 programs in the program under this section. 

17 ‘‘(c) PARTICIPANTS.—(1) The following persons may 

18 be selected for participation in the program under this sec19 tion: 

20 ‘‘(A) Foreign military officers. 

21 ‘‘(B) Foreign ministry of defense officials. 

22 ‘‘(2) Participants in the program shall be selected by 

23 the Secretary of Defense based upon recommendations made 

24 by the commanders of the regional unified combatant com25 mands. 
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1 ‘‘(d) AUTHORIZED PROGRAM ACTIVITIES.—Partici2 pants in the program may be selected for attendance at, 

3 and may be authorize to attend, any of the following: 

4 ‘‘(1) Department of Defense professional military 

5 educational institutions. 

6 ‘‘(2) Regional centers for security studies of the 

7 Department of Defense. 

8 ‘‘(e) REGULATIONS.—The Secretary of Defense shall 

9 prescribe regulations for the administration of the program 

10 under this section.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by adding at the 

13 end the following new item: 

‘‘2015. Defense counterproliferation fellowship program.’’. 

14 Subtitle C—Initiatives Relating to 

15 Countries of Former Soviet Union 

16 SEC. 1421. SILK ROAD INITIATIVE. 

17 (a) FINDINGS.—Congress makes the following findings: 

18 (1) A number of independent states of the former 

19 Soviet Union have been helpful to the United States 

20 in the war on terrorism. 

21 (2) Such states are new and struggling democ22 racies and would benefit considerably from assistance 

23 to create sustainable jobs for their underemployed or 

24 unemployed scientists, engineers, and technicians who 

25 were formerly engaged in activities to develop and 
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1 produce weapons of mass destruction for the Russian 

2 Federation or other such state. 

3 (b) POLICIES.—(1) It is the policy of the United States 

4 to seek to establish and promote programs to prevent the 

5 proliferation, from scientists, engineers, and technicians of 

6 the Russian Federation and other independent states of the 

7 former Soviet Union to countries of proliferation concern, 

8 of expertise to develop and produce weapons of mass de9 struction. 

10 (2) It is also the policy of the United States to seek 

11 to assist independent states of the former Soviet Union that 

12 have been helpful to the United States in the war on ter13 rorism so as to promote the creation of jobs that foster eco14 nomic stability and democracy. 

15 (c) PROGRAM AUTHORIZED.—(1) The Secretary of En16 ergy may carry out a program, to be known as the Silk 

17 Road Initiative, to promote non-weapons-related employ18 ment opportunities in the United States and in Silk Road 

19 nations for scientists, engineers, and technicians formerly 

20 engaged in activities to develop and produce weapons of 

21 mass destruction in Silk Road nations. The program 

22 should— 

23 (A) incorporate best practices under the former 

24 Initiatives for Proliferation Prevention program; and 
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1 (B) facilitate commercial partnerships between 

2 private entities in the United States and scientists, 

3 engineers, and technicians in the Silk Road nations. 

4 (2) Before implementing the program with respect to 

5 multiple Silk Road nations, the Secretary of Energy shall 

6 carry out a pilot program with respect to one Silk Road 

7 nation selected by the Secretary. It is the sense of Congress 

8 that the Secretary should select the Republic of Georgia. 

9 (d) SILK ROAD NATIONS DEFINED.—In this section, 

10 the Silk Road nations are Armenia, Azerbaijan, the Repub11 lic of Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, 

12 Turkmenistan, and Uzbekistan. 

13 (e) FUNDING.—Of the funds authorized to be appro14 priated to the Department of Energy for nonproliferation 

15 and international security for fiscal year 2005, $10,000,000 

16 may be used to carry out this section. 

17 SEC. 1422. TELLER-KURCHATOV NONPROLIFERATION FEL18 LOWSHIPS. 

19 (a) IN GENERAL.—(1) From amounts made available 

20 to carry out this section, the Administrator for Nuclear Se21 curity may carry out a program under which the Adminis22 trator awards, to scientists employed at the Kurchatov In23 stitute of the Russian Federation and scientists employed 

24 at Lawrence Livermore National Laboratory, international 

25 exchange fellowships, to be known as Teller-Kurchatov Non-
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1 proliferation Fellowships, in the nuclear nonproliferation 

2 sciences. 

3 (2) The purpose of the program shall be to provide op4 portunities for advancement in the field of nuclear non5 proliferation to scientists who, as demonstrated by their 

6 academic or professional achievements, show particular 

7 promise of making significant contributions in that field. 

8 (3) A fellowship awarded to a scientist under the pro9 gram shall be for study and training at (and, where appro10 priate, at an institution of higher education in the vicinity 

11 of)— 

12 (A) the Kurchatov Institute, in the case of a sci13 entist employed at Lawrence Livermore National 

14 Laboratory; and 

15 (B) Lawrence Livermore National Laboratory, 

16 in the case of a scientist employed at the Kurchatov 

17 Institute. 

18 (4) The duration of a fellowship under the program 

19 may not exceed two years, except that the Administrator 

20 may provide for a longer duration in an individual case 

21 to the extent warranted by extraordinary circumstances, as 

22 determined by the Administrator. 

23 (5) In a calendar year, the Administrator may not 

24 award more than— 
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1 (A) one fellowship to a scientist employed at the 

2 Kurchatov Institute; and 

3 (B) one fellowship to a scientist employed at 

4 Lawrence Livermore National Laboratory. 

5 (6) A fellowship under the program shall include— 

6 (A) travel expenses; 

7 (B) any tuition and fees at an institution of 

8 higher education for study or training under the fel9 lowship; and 

10 (C) any other expenses that the Administrator 

11 considers appropriate, such as room and board. 

12 (b) DEFINITIONS.—In this section: 

13 (1) The term ‘‘institution of higher education’’ 

14 means a college, university, or other educational in15 stitution that is empowered by an appropriate au16 thority, as determined by the Administrator, to 

17 award degrees higher than the baccalaureate level. 

18 (2) The term ‘‘nuclear nonproliferation sciences’’ 

19 means bodies of scientific knowledge relevant to devel20 oping or advancing the means to prevent or impede 

21 the proliferation of nuclear weaponry. 

22 (3) The term ‘‘scientist’’ means an individual 

23 who has a degree from an institution of higher edu24 cation in a science that has practical application in 

25 the field of nuclear nonproliferation. 
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1 (c) FUNDING.—Of the funds authorized to be appro2 priated to the Department of Energy for nonproliferation 

3 and international security for fiscal year 2005, $10,000,000 

4 may be used to carry out this section. 

5 SEC. 1423. COLLABORATION TO REDUCE THE RISKS OF A 

6 LAUNCH OF RUSSIAN NUCLEAR WEAPONS. 

7 (a) FINDINGS.—Congress finds that, despite the ending 

8 of the Cold War more than a decade ago, the nuclear pos9 tures and strategic command and control systems of the 

10 Russian Federation pose risks that a nuclear ballistic mis11 sile could be launched as the result of an accident, misin12 formation, miscalculation, or unauthorized use. Such risks 

13 are posed as a result of factors including the following: 

14 (1) The high state of readiness of the Russian 

15 Federation’s nuclear forces. 

16 (2) The remote locations of much of the Russian 

17 Federation’s nuclear forces. 

18 (3) The inadequacy of the Russian Federation’s 

19 early-warning information. 

20 (4) The very short time that would be available 

21 to the President of the Russian Federation if the 

22 President were informed that a nuclear ballistic mis23 sile attack was or might be underway. 

24 (5) The possibility that the Russian Federation, 

25 because of concerns that much of its nuclear forces 
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1 would not survive a nuclear attack, may have a nu2 clear deterrence posture reliant upon launching a re3 taliatory nuclear strike when it believes a nuclear bal4 listic missile attack against it is or might be under5 way. 

6 (6) Deficiencies in the security and control of the 

7 nuclear forces of the Russian Federation that could 

8 result in unauthorized personnel gaining control of a 

9 nuclear-armed missile or warhead. 

10 (7) The susceptibility of nuclear strategic com11 mand and control systems and early-warning systems 

12 to an intrusion or accident that could create the false 

13 appearance that a nuclear ballistic missile attack is 

14 or might be underway. 

15 (b) REPORT.—(1) Not later than November 1, 2005, 

16 the Secretary of Defense shall submit to Congress a report 

17 on the collaborative measures that the United States and 

18 the Russian Federation could take to reduce the risks that 

19 a nuclear ballistic missile could be launched as the result 

20 of an accident, misinformation, miscalculation, or unau21 thorized use. For each such measure, the report shall pro22 vide— 

23 (A) specific comments on the advisability of the 

24 measure in terms of the potential contribution of the 

25 measure to the national security interests of the 
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1 United States, including the potential contribution of 

2 the measure in improving relations between the 

3 United States and the Russian Federation; and 

4 (B) a description of the obstacles and opportuni5 ties associated with pursuing the measure. 

6 (2) In addition to any other measure that the Sec7 retary considers appropriate, the report required by para8 graph (1) shall cover the following measures: 

9 (A) The future of the Joint Data Exchange Cen10 ter. 

11 (B) Potential topics for discussion between high12 level military leaders of the United States and of the 

13 Russian Federation on reducing the risk that a nu14 clear ballistic missile could be launched as the result 

15 of an accident, misinformation, miscalculation, or 

16 unauthorized use. 

17 TITLE XV—AUTHORIZATION FOR 

18 INCREASED COSTS DUE TO 

19 OPERATION IRAQI FREEDOM 

20 AND OPERATION ENDURING 

21 FREEDOM 

22 SEC. 1501. PURPOSE. 

23 The purpose of this title is to authorize appropriations 

24 for the Department of Defense for fiscal year 2005, in addi25 tion to amounts otherwise authorized by this Act, to provide 
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1 funds for additional costs due to Operation Iraqi Freedom 

2 and Operation Enduring Freedom. 

3 Subtitle A—Authorization of 

4 Appropriations 

5 SEC. 1511. ARMY PROCUREMENT. 

6 Funds are hereby authorized to be appropriated for fis7 cal year 2005 for procurement accounts of the Army in 

8 amounts as follows: 

9 (1) For aircraft, $498,300,000. 

10 (2) For missiles, $42,800,000. 

11 (3) For weapons and tracked combat vehicles, 

12 $201,900,000. 

13 (4) For ammunition, $78,750,000. 

14 (5) For other procurement, $1,567,410,000. 

15 (6) For National Guard and Reserve equipment, 

16 $50,000,000. 

17 SEC. 1512. NAVY AND MARINE CORPS PROCUREMENT. 

18 (a) MARINE CORPS.—Funds are hereby authorized to 

19 be appropriated for fiscal year 2005 for the procurement 

20 account for the Marine Corps in the amount of $98,190,000. 

21 (b) NAVY AND MARINE CORPS AMMUNITION.—Funds 

22 are hereby authorized to be appropriated for fiscal year 

23 2005 for the procurement account for ammunition for the 

24 Navy and the Marine Corps in the amount of $38,402,000. 
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1 SEC. 1513. AIR FORCE PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2005 for the procurement account for aircraft for 

4 the Air Force in amount of $99,000,000. 

5 SEC. 1514. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

6 Funds are hereby authorized to be appropriated for fis7 cal year 2005 for the procurement account for Defense-wide 

8 procurement in the amount of $720,000,000. 

9 SEC. 1515. OPERATION AND MAINTENANCE. 

10 Funds are hereby authorized to be appropriated for fis11 cal year 2005 for the use of the Armed Forces for expenses, 

12 not otherwise provided for, for operation and maintenance, 

13 in amounts as follows: 

14 (1) For the Army, $9,607,113,000. 

15 (2) For the Navy, $256,500,000. 

16 (3) For the Marine Corps, $2,398,735,000. 

17 (4) For the Air Force, $1,635,000,000. 

18 (5) For Defense-wide, $2,327,900,000. 

19 SEC. 1516. DEFENSE HEALTH PROGRAM. 

20 Funds are hereby authorized to be appropriated for the 

21 Department of Defense for fiscal year 2005 for expenses, not 

22 otherwise provided for, for the Defense Health Program, in 

23 the amount of $75,000,000, for Operation and Maintenance. 
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1 SEC. 1517. MILITARY PERSONNEL. 

2 There is hereby authorized to be appropriated to the 

3 Department of Defense for military personnel accounts for 

4 fiscal year 2005 a total of $5,305,000,000. 

5 SEC. 1518. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

6 The amounts authorized to be appropriated by this 

7 title are in addition to amounts otherwise authorized to be 

8 appropriated by this Act. 

9 SEC. 1519. TRANSFER AUTHORITY. 

10 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) 

11 Upon determination by the Secretary of Defense that such 

12 action is necessary in the national interest, the Secretary 

13 may transfer amounts of authorizations made available to 

14 the Department of Defense in this title for fiscal year 2005 

15 between any such authorizations for that fiscal year (or any 

16 subdivisions thereof). Amounts of authorizations so trans17 ferred shall be merged with and be available for the same 

18 purposes as the authorization to which transferred. 

19 (2) The total amount of authorizations that the Sec20 retary may transfer under the authority of this section may 

21 not exceed $2,500,000,000. The transfer authority provided 

22 in this section is in addition to any other transfer authority 

23 available to the Secretary of Defense. 

24 (b) LIMITATIONS.—The authority provided by this sec25 tion to transfer authorizations— 
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1 (1) may only be used to provide authority for 

2 items that have a higher priority than the items from 

3 which authority is transferred; 

4 (2) may not be used to provide authority for an 

5 item that has been denied authorization by Congress; 

6 and 

7 (3) may not be combined with the authority 

8 under section 1001. 

9 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans10 fer made from one account to another under the authority 

11 of this section shall be deemed to increase the amount au12 thorized for the account to which the amount is transferred 

13 by an amount equal to the amount transferred. 

14 (d) NOTICE TO CONGRESS.—The Secretary shall 

15 promptly notify Congress of each transfer made under sub16 section (a). 

17 SEC. 1520. DESIGNATION OF EMERGENCY AUTHORIZA18 TIONS. 

19 The amounts authorized to be appropriated by this 

20 title are designated for emergency contingency operations 

21 related to the global war on terrorism. 
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1 Subtitle B—Personnel Provisions 

2 SEC. 1531. THREE-YEAR INCREASE IN ACTIVE ARMY 

3 STRENGTH LEVELS. 

4 (a) AUTHORIZED END STRENGTHS.—(1) The end 

5 strength level authorized for the Army for fiscal year 2005 

6 under section 401 is hereby increased by 10,000. 

7 (2) For fiscal years 2006 and 2007, the Army is au8 thorized strengths for active duty personnel as follows: 

9 (A) As of September 30, 2006, 502,400. 

10 (B) As of September 30, 2007, 512,400. 

11 (b) STATUTORY MINIMUM ACTIVE STRENGTH

12 LEVEL.—The minimum strength for the Army under sec13 tion 691(b) of title 10, United States Code (notwithstanding 

14 the number specified in paragraph (1) of that section)— 

15 (1) for the period beginning on October 1, 2004, 

16 and ending on September 30, 2005, shall be the num17 ber specified in section 401(1) of this Act, increased 

18 by 10,000; 

19 (2) for the period beginning on October 1, 2005, 

20 and ending on September 30, 2006, shall be 502,400; 

21 and 

22 (3) for the period beginning on October 1, 2006, 

23 and ending on September 30, 2007, shall be 512,400. 

24 (c) NOTICE TO CONGRESS.—If the Secretary of De25 fense, in consultation with the Secretary of the Army, deter-
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1 mines that adjustments are necessary to the minimum end2 strength level for the Army in effect at any time pursuant 

3 to subsection (b), the Secretary of Defense shall submit to 

4 the Committees on Armed Services of the Senate and House 

5 of Representatives a report providing the Secretary’s rec6 ommendations and rationale for such an adjustment. Such 

7 a report must be submitted before the submission of the 

8 budget request for the fiscal year for which the change would 

9 be effective. 

10 SEC. 1532. THREE-YEAR INCREASE IN ACTIVE MARINE 

11 CORPS STRENGTH LEVELS. 

12 (a) AUTHORIZED END STRENGTHS.—(1) The end 

13 strength level authorized for the Marine Corps for fiscal 

14 year 2005 under section 401 is hereby increased by 3,000. 

15 (2) For fiscal years 2006 and 2007, the Marine Corps 

16 is authorized strengths for active duty personnel as follows: 

17 (A) As of September 30, 2006, 181,000. 

18 (B) As of September 30, 2007, 184,000. 

19 (b) STATUTORY MINIMUM ACTIVE STRENGTH

20 LEVEL.—The minimum strength for the Marine Corps 

21 under section 691(b) of title 10, United States Code (not22 withstanding the number specified in paragraph (3) of that 

23 section)— 

24 (1) for the period beginning on October 1, 2004, 

25 and ending on September 30, 2005, shall be the num-
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1 ber specified in section 401(3) of this Act, increased 

2 by 3,000; 

3 (2) for the period beginning on October 1, 2005, 

4 and ending on September 30, 2006, shall be 181,000; 

5 and 

6 (3) for the period beginning on October 1, 2006, 

7 and ending on September 30, 2007, shall be 184,000. 

8 (c) NOTICE TO CONGRESS.—If the Secretary of De9 fense, in consultation with the Secretary of the Navy, deter10 mines that adjustments are necessary to the minimum end11 strength level for the Marine Corps in effect at any time 

12 pursuant to subsection (b), the Secretary of Defense shall 

13 submit to the Committees on Armed Services of the Senate 

14 and House of Representatives a report providing the Sec15 retary’s recommendations and rationale for such an adjust16 ment. Such a report must be submitted before the submis17 sion of the budget request for the fiscal year for which the 

18 change would be effective. 

19 SEC. 1533. EXTENSION OF INCREASED RATES FOR IMMI20 NENT DANGER PAY AND FAMILY SEPARATION 

21 ALLOWANCE. 

22 (a) IMMINENT DANGER PAY.—(1) Subsection (e) of 

23 section 310 of title 37, United States Code, is amended by 

24 striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

25 2005’’. 
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1 (2) Effective January 1, 2006, such section is further 

2 amended— 

3 (A) in subsection (a), by striking ‘‘$150’’ and in4 serting ‘‘$225’’; and 

5 (B) by striking subsection (e). 

6 (b) FAMILY SEPARATION ALLOWANCE.—(1) Subsection 

7 (e) of section 427 of such title is amended by striking ‘‘De8 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

9 (2) Effective January 1, 2006, such section is further 

10 amended— 

11 (A) in subsection (a)(1), by striking ‘‘$100’’ and 

12 inserting ‘‘$250’’; and 

13 (B) by striking subsection (e). 

14 Subtitle C—Financial Management 

15 Matters 

16 SEC. 1541. REVISED FUNDING METHODOLOGY FOR MILI17 TARY RETIREE HEALTH CARE BENEFITS. 

18 (a) REVISION.—Section 1116 of title 10, United States 

19 Code, is amended to read as follows: 

20 ‘‘§ 1116. Payments into the Fund 

21 ‘‘(a) At the beginning of each fiscal year after Sep22 tember 30, 2005, the Secretary of the Treasury shall 

23 promptly pay into the Fund from the General Fund of the 

24 Treasury— 
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1 ‘‘(1) the amount certified to the Secretary by the 

2 Secretary of Defense under subsection (c), which shall 

3 be the contribution to the Fund for that fiscal year 

4 required by section 1115; and 

5 ‘‘(2) the amount determined by each admin6 istering Secretary under section 1111(c) as the con7 tribution to the Fund on behalf of the members of the 

8 uniformed services under the jurisdiction of that Sec9 retary. 

10 ‘‘(b) At the beginning of each fiscal year, the Secretary 

11 of Defense shall determine the sum of the following: 

12 ‘‘(1) The amount of the payment for that year 

13 under the amortization schedule determined by the 

14 Board of Actuaries under section 1115(a) of this title 

15 for the amortization of the original unfunded liability 

16 of the Fund. 

17 ‘‘(2) The amount (including any negative 

18 amount) of the Department of Defense contribution 

19 for that year as determined by the Secretary of De20 fense under section 1115(b) of this title. 

21 ‘‘(3) The amount (including any negative 

22 amount) for that year under the most recent amorti23 zation schedule determined by the Secretary of De24 fense under section 1115(c)(2) of this title for the am25 ortization of any cumulative unfunded liability (or 
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1 any gain) to the Fund resulting from changes in ben2 efits. 

3 ‘(4) The amount (including any negative 

4 amount) for that year under the most recent amorti5 zation schedule determined by the Secretary of De6 fense under section 1115(c)(3) of this title for the am7 ortization of any cumulative actuarial gain or loss to 

8 the Fund resulting from actuarial assumption 

9 changes. 

10 ‘‘(5) The amount (including any negative 

11 amount) for that year under the most recent amorti12 zation schedule determined by the Secretary of De13 fense under section 1115(c)(4) of this title for the am14 ortization of any cumulative actuarial gain or loss to 

15 the Fund resulting from actuarial experience. 

16 ‘‘(c) The Secretary of Defense shall promptly certify 

17 the amount determined under subsection (b) each year to 

18 the Secretary of the Treasury.’’. 

19 (b) CONFORMING AMENDMENTS.—(1) Section 1111(c) 

20 of title 10, United States Code, is amended in the last sen21 tence by striking ‘‘1116’’ and all that follows through the 

22 end of the sentence and inserting ‘‘1115(b) of this title, and 

23 such contributions shall be paid into the Fund as provided 

24 in section 1116(a).’’. 
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1 (2) Section 1115(a) of such title is amended by strik2 ing ‘‘1116(c)’’ and inserting ‘‘1116’’. 

3 (3) Section 1115(b) of such title is amended— 

4 (A) by striking ‘‘(1) The Secretary of Defense’’ 

5 and all that follows through ‘‘of this title.’’ and insert6 ing ‘‘The Secretary of Defense shall determine, before 

7 the beginning of each fiscal year after September 30, 

8 2005, the total amount of the Department of Defense 

9 contribution to be made to the Fund for that fiscal 

10 year for purposes of section 1116(b)(2).’’; 

11 (B) by striking paragraph (2); 

12 (C) by redesignating subparagraphs (A) and (B) 

13 as paragraphs (1) and (2), respectively; 

14 (D) in each of paragraphs (1) and (2), as so re15 designated, by redesignating clauses (i) and (ii) as 

16 subparagraphs (A) and (B), respectively; and 

17 (E) in paragraph (2)(B), as so redesignated, by 

18 striking ‘‘subparagraph (A)(ii)’’ and inserting ‘‘para19 graph (1)(B)’’. 

20 (4) Section 1115(c)(1) of such title is amended by 

21 striking ‘‘and section 1116(a) of this title’’. 

22 (5) Section 1115(c)(5) of such title is amended by 

23 striking ‘‘1116(c)’’ and inserting ‘‘1116’’. 

24 (c) EFFECTIVE DATE.—The amendments made by this 

25 section shall take effect on October 1, 2005. 
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1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS 

4 SECTION 2001. SHORT TITLE. 

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2005’’. 

7 TITLE XXI—ARMY 

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

9 ACQUISITION PROJECTS. 

10 (a) INSIDE THE UNITED STATES.—Using amounts ap11 propriated pursuant to the authorization of appropriations 

12 in section 2104(a)(1), the Secretary of the Army may ac13 quire real property and carry out military construction 

14 projects for the installations or locations inside the United 

15 States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ....................... Anniston Army Depot ................... $23,690,000 

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 Air 

Field ........................................... $65,495,000 

Hawaii ......................... Helemano Military Reservation ... $75,300,000 

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 
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Army: Inside the United States—Continued 

State Installation or Location Amount 

Missouri ........................ Fort Leonard Wood ....................... $21,450,000 

New Jersey ................... Picatinny Arsenal ......................... $9,900,000 

New Mexico .................. White Sands Missile Range .......... $33,000,000 

New York ...................... Fort Drum ..................................... $13,650,000 

Fort Hamilton ............................... $7,600,000 

Hancock Field ................................ $6,000,000 

Military Entrance Processing 

Station, Buffalo ......................... $6,200,000 

United States Military Academy, 

West Point .................................. $60,000,000 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the United 

6 States, and in the amounts, set forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Germany ....................... Grafenwoehr ...................................... $77,200,000 

Italy ............................... Livorno .............................................. $26,000,000 

Korea ............................. Camp Humphreys ............................ $12,000,000 

Total .......................................... $115,200,000 
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1 SEC. 2102. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2104(a)(5)(A), the Secretary of the 

5 Army may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the 

7 installations or locations, for the purposes and in the 

8 amounts, set forth in the following table: 

Army: Family Housing 

State Installation or Location Purpose Amount 

Alaska ................ Fort Richardson ............ 92 Units ........... $42,000,000 

Fort Wainwright ........... 246 Units ......... $124,000,000 

Arizona .............. Fort Huachuca .............. 205 Units ......... $41,000,000 

Yuma Proving Ground 55 Units ........... $14,900,000 

Kansas ............... Fort Riley ...................... 126 Units ......... $33,000,000 

New Mexico ....... White Sands Missile 

Range ......................... 156 Units ......... $31,000,000 

Oklahoma .......... Fort Sill ......................... 247 Units ......... $47,000,000 

Virginia ............. Fort Lee ......................... 218 Units ......... $46,000,000 

Fort Monroe ................... 68 Units ........... $16,000,000 

Total ...................... ........................... $394,900,000 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2104(a)(5)(A), the Secretary of the Army may carry 

12 out architectural and engineering services and construction 

13 design activities with respect to the construction or im14 provement of family housing units in an amount not to 

15 exceed $29,209,000. 
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1 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States Code, 

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2104(a)(5)(A), the Sec6 retary of the Army may improve existing military family 

7 housing units in an amount not to exceed $211,990,000. 

8 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

10 hereby authorized to be appropriated for fiscal years begin11 ning after September 30, 2004, for military construction, 

12 land acquisition and military family housing functions of 

13 the Department of the Army in the total amount of 

14 $3,428,815,000 as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2101(a), 

17 $1,335,750,000. 

18 (2) For military construction projects outside the 

19 United States authorized by section 2101(b), 

20 $115,200,000. 

21 (3) For unspecified minor military construction 

22 projects authorized by section 2805 of title 10, United 

23 States Code, $20,000,000. 

24 (4) For architectural and engineering services 

25 and construction design under section 2807 of title 

26 10, United States Code, $161,209,000. 
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1 (5) For military family housing functions: 

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military 

4 family housing and facilities, $636,099,000. 

5 (B) For support of military family housing 

6 (including the functions described in section 

7 2833 of title 10, United States Code), 

8 $926,507,000. 

9 (6) For the construction of phase 2 of a barracks 

10 complex, 5th & 16th Street, at Fort Stewart/Hunter 

11 Army Air Field, Georgia, authorized by section 

12 2101(a) of the Military Construction Authorization 

13 Act for Fiscal Year 2004 (division B of Public Law 

14 108–136; 117 Stat. 1697), $32,950,000. 

15 (7) For the construction of phase 3 of a barracks 

16 complex renewal, Capron Road, at Schofield Bar17 racks, Hawaii, authorized by section 2101(a) of the 

18 Military Construction Authorization Act for Fiscal 

19 Year 2002 (division B of Public Law 107–107; 115 

20 Stat. 1283) and as amended by section 2105 of the 

21 Military Authorization Act for Fiscal Year 2004 (di22 vision B of Public Law 108–136; 117 Stat. 1697), 

23 $48,000,000. 

24 (8) For the construction of phase 2 of the Lewis 

25 & Clark instructional facility at Fort Leavenworth, 
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1 Kansas, authorized by section 2101(a) of the Military 

2 Construction Authorization Act for Fiscal Year 2003 

3 (division B of Public Law 107–314; 116 Stat. 2681), 

4 $44,000,000. 

5 (9) For the construction of phase 2 of a barracks 

6 complex at Wheeler Sack Army Air Field at Fort 

7 Drum, New York, authorized by section 2101(a) of the 

8 Military Construction Authorization Act for Fiscal 

9 Year 2004 (division B of Public Law 108–136; 117 

10 Stat. 1697), $48,000,000. 

11 (10) For the construction of phase 2 of a bar12 racks complex, Bastogne Drive, Fort Bragg, North 

13 Carolina, authorized by section 2101(a) of the Mili14 tary Construction Authorization Act for Fiscal Year 

15 2004 (division B of Public Law 108–136; 117 Stat. 

16 1697), $48,000,000. 

17 (11) For the construction of phase 3 of a mainte18 nance complex at Fort Sill, Oklahoma, authorized by 

19 section 2101(a) of the Military Construction Author20 ization Act for Fiscal Year 2003 (division B of Public 

21 Law 107–314; 116 Stat. 2681), $13,100,000. 

22 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variations author24 ized by section 2853 of title 10, United States Code, and 

25 any other cost variation authorized by law, the total cost 
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1 of all projects carried out under section 2101 of this Act 

2 may not exceed the sum of the following: 

3 (1) The total amount authorized to be appro4 priated under paragraphs (1) and (2) of subsection 

5 (a). 

6 (2) $41,000,000 (the balance of the amount au7 thorized under section 2101(a) to upgrade Drum 

8 Road, Helemano Military Reservation, Hawaii). 

9 (3) $25,000,000 (the balance of the amount au10 thorized under section 2101(a) for construction of a 

11 vehicle maintenance facility, Schofield Barracks, Ha12 waii). 

13 (3) $25,000,000 (the balance of the amount au14 thorized under section 2101(a) for construction of a 

15 barracks complex, Fort Campbell, Kentucky). 

16 (4) $22,000,000 (the balance of the amount au17 thorized under section 2101(a) for construction of 

18 trainee barracks, Basic Training Complex 1, Fort 

19 Knox, Kentucky). 

20 (5) $25,500,000 (the balance of the amount au21 thorized under section 2101(a) for construction of a 

22 library and learning facility, United States Military 

23 Academy, West Point, New York). 
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1 (6) $31,000,000 (the balance of the amount au2 thorized under section 2101(a) for a barracks complex 

3 renewal project, Fort Bragg, North Carolina). 

4 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

5 CERTAIN FISCAL YEAR 2004 PROJECTS. 

6 (a) MODIFICATION OF INSIDE THE UNITED STATES

7 PROJECTS.—The table in section 2101(a) of the Military 

8 Construction Authorization Act for Fiscal Year 2004 (divi9 sion B of Public Law 108–136; 117 Stat. 1697) is amend10 ed— 

11 (1) in the item relating to Fort Stewart/Hunter 

12 Army Air Field, Georgia, by striking ‘‘$113,500,000’’ 

13 in the amount column and inserting ‘‘$114,450,000’’; 

14 (2) in the item relating to Fort Drum, New 

15 York, by striking ‘‘$130,700,000’’ in the amount col16 umn and inserting ‘‘$135,700,000’’; and 

17 (3) by striking the amount identified as the total 

18 in the amount column and inserting 

19 ‘‘$1,043,150,000’’. 

20 (b) CONFORMING AMENDMENTS.—Section 2104(b) of 

21 that Act (117 Stat. 1700) is amended— 

22 (1) in paragraph (2), by striking ‘‘$32,000,000’’ 

23 and inserting ‘‘$32,950,000’’; and 

24 (2) in paragraph (4), by striking ‘‘$43,000,000’’ 

25 and inserting ‘‘$48,000,000’’. 
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1 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2003 PROJECT. 

3 (a) MODIFICATION OF INSIDE THE UNITED STATES

4 PROJECT.—The table in section 2101(a) of the Military 

5 Construction Authorization Act for Fiscal Year 2003 (divi6 sion B of Public Law 107–314; 116 Stat. 2681), as amended 

7 by section 2105(a) of the Military Construction Authoriza8 tion Act for Fiscal Year 2004 (division B of Public Law 

9 108–136; 117 Stat. 1700), is further amended— 

10 (1) in the item relating to Fort Sill, Oklahoma, 

11 by striking ‘‘$39,652,000’’ in the amount column and 

12 inserting ‘‘$40,752,000’’; and 

13 (2) by striking the amount identified as the total 

14 in the amount column and inserting 

15 ‘‘$1,157,267,000’’. 

16 (b) CONFORMING AMENDMENT.—Section 2104(b)(6) of 

17 the Military Construction Authorization Act for Fiscal Year 

18 2003 (division B of Public Law 107–314; 116 Stat. 2684) 

19 is amended by striking ‘‘$25,000,000’’ and inserting 

20 ‘‘$26,100,000’’. 

21 TITLE XXII—NAVY 

22 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

23 ACQUISITION PROJECTS. 

24 (a) INSIDE THE UNITED STATES.—Using amounts ap25 propriated pursuant to the authorization of appropriations 

26 in section 2204(a)(1), the Secretary of the Navy may ac-
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1 quire real property and carry out military construction 

2 projects for the installations or locations inside the United 

3 States, and in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona .......................... Marine Corps Air Station, Yuma ... $26,670,000 

California ...................... Marine Corps Air-Ground Task 

Force Training Center, 

Twentynine Palms ....................... $15,700,000 

Marine Corps Air Station, Camp 

Pendleton ....................................... $11,540,000 

Marine Corps Base, Camp Pendleton ............................................. $26,915,000 

Marine Corps Logistics Base, Barstow ................................................ $4,930,000 

Naval Air Facility, El Centro ......... $54,331,000 

Naval Air Station, North Island ..... $10,180,000 

Naval Surface Warfare Center, Division Corona ................................ $9,850,000 

Connecticut ................... Naval Submarine Base, New London ................................................. $50,302,000 

District of Columbia .... Naval Observatory, Washington ...... $3,239,000 

Florida .......................... Eglin Air Force Base ....................... $2,060,000 

Naval Station, Mayport ................... $6,200,000 

Georgia .......................... Strategic Weapons Facility Atlantic, Kings Bay .............................. $16,000,000 

Hawaii .......................... Naval Shipyard, Pearl Harbor ....... $5,100,000 

Illinois ........................... Naval Training Center, Great 

Lakes ............................................. $74,781,000 

Indiana ......................... Naval Surface Warfare Center, 

Crane ............................................. $10,580,000 

Louisiana ...................... Joint Reserve Base/Naval Air Station, New Orleans ......................... $6,030,000 

Maryland ...................... Naval Surface Warfare Center, Indian Head ..................................... $23,000,000 

North Carolina ............. Marine Corps Air Station, New 

River .............................................. $35,140,000 

Marine Corps Base, Camp Lejeune $11,030,000 

Nevada ........................... Naval Air Station, Fallon ............... $4,980,000 

South Carolina ............. Marine Corps Air Station, Beaufort $5,480,000 

Virginia ......................... Camp Elmore Marine Corps Detachment ........................................ $13,500,000 

Marine Corps Air Facility, 

Quantico ........................................ $21,180,000 

Marine Corps Combat Development 

Command, Quantico .................... $24,140,000 

Naval Air Station, Oceana .............. $2,770,000 

Naval Amphibious Base, Little 

Creek .............................................. $9,550,000 

Naval Station, Norfolk ..................... $4,330,000 
474 

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Navy: Inside the United States—Continued 

State Installation or Location Amount 

Naval Weapons Station, Yorktown $9,870,000 

Washington ................... Naval Air Station, Whidbey Island $1,990,000 

Naval Shipyard, Puget Sound ........ $23,455,000 

Naval Station, Bremerton ............... $74,125,000 

Strategic Weapons Facility Pacific, 

Bangor ........................................... $131,090,000 

Total .......................................... $730,038,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the United 

6 States, and in the amounts, set forth in the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahamas ....................... Naval Undersea Warfare Center, 

Andros Islands .............................. $20,750,000 

Diego Garcia ................. Naval Support Facility, Diego Garcia .................................................. $17,500,000 

Guam ............................. Naval Public Works Center, Guam $20,700,000 

Naval Station, Guam ....................... $12,500,000 

Italy ............................... Sigonella ............................................ $22,550,000 

Spain ............................. Naval Station, Rota ......................... $32,700,000 

Total .......................................... $126,700,000 

7 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2204(a)(3), the Secretary of the Navy may 

10 acquire real property and carry out military construction 

11 projects for the installations or locations and in the amount, 

12 set forth in the following table: 
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Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Unspecified Worldwide ..................... $148,640,000 

Total .......................................... $148,640,000 

1 SEC. 2202. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2204(a)(6)(A), the Sec4 retary of the Navy may construct or acquire family housing 

5 units (including land acquisition and supporting facilities) 

6 at the installations or locations, for the purposes and in 

7 the amounts, set forth in the following table: 

Navy: Family Housing 

State Installation or Location Purpose Amount 

North Carolina Marine Corps Air Station, Cherry Point .... 198 Units ......... $27,002,000 

Total ...................... ........................... $27,002,000 

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States Code, 

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2204(a)(6)(A), the Sec13 retary of the Navy may improve existing military family 

14 housing units in an amount not to exceed $112,105,000. 

15 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

17 hereby authorized to be appropriated for fiscal years begin-
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1 ning after September 30, 2004, for military construction, 

2 land acquisition, and military family housing functions of 

3 the Department of the Navy in the total amount of 

4 $1,913,273,000, as follows: 

5 (1) For military construction projects inside the 

6 United States authorized by section 2201(a), 

7 $631,908,000. 

8 (2) For military construction projects outside the 

9 United States authorized by section 2201(b), 

10 $126,700,000. 

11 (3) For the military construction projects at un12 specified worldwide locations authorized by section 

13 2201(c), $98,560,000. 

14 (4) For unspecified minor military construction 

15 projects authorized by section 2805 of title 10, United 

16 States Code, $12,000,000. 

17 (5) For architectural and engineering services 

18 and construction design under section 2807 of title 

19 10, United States Code, $93,804,000. 

20 (6) For military family housing functions: 

21 (A) For construction and acquisition, plan22 ning and design, and improvement of military 

23 family housing and facilities, $139,107,000. 
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1 (B) For support of military family housing 

2 (including functions described in section 2833 of 

3 title 10, United States Code), $696,304,000. 

4 (7) For the construction of increment 2 of the 

5 tertiary sewage treatment plant at Marine Corps 

6 Base, Camp Pendleton, California, authorized by sec7 tion 2201(a) of the Military Construction Authoriza8 tion Act for Fiscal Year 2004 (division B of Public 

9 Law 108–136; 117 Stat. 1703), $25,690,000. 

10 (8) For the construction of increment 2 of the 

11 general purpose berthing pier at Naval Weapons Sta12 tion, Earle, New Jersey, authorized by section 

13 2201(a) of the Military Construction Authorization 

14 Act of Fiscal Year 2004 (division B of Public Law 

15 108–136; 117 Stat. 1704), $49,200,000. 

16 (9) For the construction of increment 2 of pier 

17 11 replacement at Naval Station, Norfolk, Virginia, 

18 authorized by section 2201(a) of the Military Con19 struction Authorization Act of Fiscal Year 2004 (divi20 sion B of Public Law 108–136; 117 Stat. 1704), 

21 $40,000,000. 

22 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variations author24 ized by section 2853 of title 10, United States Code, and 

25 any other cost variation authorized by law, the total cost 
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1 of all projects carried out under section 2201 of this Act 

2 may not exceed the sum of the following: 

3 (1) The total amount authorized to be appro4 priated under paragraphs (1), (2) and (3) of sub5 section (a). 

6 (2) $21,000,000 (the balance of the amount au7 thorized under section 2201(a) for apron and hangar 

8 recapitalization, Naval Air Facility, El Centro, Cali9 fornia). 

10 (3) $40,000,000 (the balance of the amount au11 thorized under section 2201(a) for construction of 

12 bachelor enlisted quarters, Naval Station, Bremerton, 

13 Washington). 

14 (4) $95,320,000 (the balance of the amount au15 thorized under section 2201(a) for construction of a 

16 limited area processing and storage complex, Stra17 tegic Weapons Facility Pacific, Bangor, Washington). 

18 (5) $34,098,000 (the balance of the amount au19 thorized under section 2201(c) for construction of a 

20 White Side complex at an unspecified location world21 wide). 

22 (6) $15,982,000 (the balance of the amount au23 thorized under section 2201(c) for construction of a 

24 presidential helicopter programs support facility at 

25 an unspecified location). 
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1 TITLE XXIII—AIR FORCE 

2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

3 LAND ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations 

6 in section 2304(a)(1), the Secretary of the Air Force may 

7 acquire real property and carry out military construction 

8 projects for the installations or locations inside the United 

9 States, and in the amounts, set forth in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ............................ Elmendorf Air Force Base ............... $26,057,000 

Arizona .......................... Davis-Monthan Air Force Base ....... $17,029,000 

Luke Air Force Base ........................ $17,900,000 

Arkansas ........................ Little Rock Air Force Base .............. $8,931,000 

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 ..................... $15,000,000 

Hawaii .......................... Hickam Air Force Base ................... $25,900,000 

Louisiana ...................... Barksdale Air Force Base ................ $13,800,000 

Maryland ...................... Andrews Air Force Base .................. $17,100,000 

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 Force Base .... $9,200,000 

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 Base ........... $5,500,000 

Total .......................................... $398,714,000 
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the following 

7 table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Germany ....................... Ramstein Air Base ........................... $25,404,000 

Greenland ...................... Thule Air Base .................................. $19,800,000 

Guam ............................. Andersen Air Force Base ................. $19,593,000 

Italy ............................... Aviano Air Base ............................... $6,760,000 

Japan ............................ Misawa Air Base .............................. $6,700,000 

Korea ............................. Kunsan Air Base .............................. $37,100,000 

Osan Air Base .................................. $18,600,000 

Portugal ......................... Lajes Field, Azores ........................... $5,689,000 

Spain ............................. Naval Station, Rota ......................... $14,153,000 

United Kingdom ........... Royal Air Force Lakenheath ........... $5,500,000 

Total .......................................... $159,299,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2304(a)(3), the Secretary of the Air Force 

11 may acquire real property and carry out military construc12 tion projects for the installations or locations, and in the 

13 amount, set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Classified Locations .......................... $26,121,000 

Unspecified Worldwide ..................... $28,794,000 

Total .......................................... $54,915,000 
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1 SEC. 2302. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(6)(A), the Secretary of the 

5 Air Force may construct or acquire family housing units 

6 (including land acquisition and supporting facilities) at 

7 the installations or locations, for the purposes and in the 

8 amounts, set forth in the following table: 

Air Force: Family Housing 

State Installation or Location Purpose Amount 

Arizona .............. Davis-Monthan Air 

Force Base ................. 250 Units ......... $48,500,000 

California .......... Edwards Air Force 

Base ........................... 218 Units ......... $41,202,000 

Vandenberg Air Force 

Base ........................... 120 Units ......... $30,906,000 

Florida .............. MacDill Air Force Base 61 Units ........... $21,723,000 

MacDill Air Force Base Housing Maintenance Facility ............. $1,250,000 

Idaho ................. Mountain Home Air 

Force Base ................. 147 Units ......... $39,333,000 

Mississippi ........ Columbus Air Force 

Base ........................... Housing Management Facility ............. $711,000 

Missouri ............ Whiteman Air Force 

Base ........................... 160 Units ......... $37,087,000 

Montana ............ Malmstrom Air Force 

Base ........................... 115 Units ......... $29,910,000 

North Carolina Seymour Johnson Air 

Force Base ................. 167 Units ......... $32,693,000 

North Dakota .... Grand Forks Air Force 

Base ........................... 90 Units ........... $26,169,000 

Minot Air Force Base ... 142 Units ......... $37,087,000 

South Carolina Charleston Air Force 

Base ........................... Fire Station ..... $1,976,000 

South Dakota .... Ellsworth Air Force 

Base ........................... 75 Units ........... $21,482,000 

Texas ................. Dyess Air Force Base ... 127 Units ......... $28,664,000 

Goodfellow Air Force 

Base ........................... 127 Units ......... $20,604,000 

Germany ........... Ramstein Air Base ....... 144 Units ......... $57,691,000 
482 

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Air Force: Family Housing—Continued 

State Installation or Location Purpose Amount 

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 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2304(a)(6)(A), the Secretary of the Air Force may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of military family housing units in an 

7 amount not to exceed $38,266,000. 

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States Code, 

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(6)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $238,353,000. 

15 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

16 FORCE. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

18 hereby authorized to be appropriated for fiscal years begin19 ning after September 30, 2004, for military construction, 

20 land acquisition, and military family housing functions of 
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1 the Department of the Air Force in the total amount of 

2 $2,493,679,000, as follows: 

3 (1) For military construction projects inside the 

4 United States authorized by section 2301(a), 

5 $398,714,000. 

6 (2) For military construction projects outside the 

7 United States authorized by section 2301(b), 

8 $159,299,000. 

9 (3) For the military construction projects at un10 specified worldwide locations authorized by section 

11 2301(c), $54,915,000. 

12 (4) For unspecified minor military construction 

13 projects authorized by section 2805 of title 10, United 

14 States Code, $13,000,000. 

15 (5) For architectural and engineering services 

16 and construction design, under section 2807 of title 

17 10, United States Code, $166,126,000. 

18 (6) For military family housing functions: 

19 (A) For construction and acquisition, plan20 ning and design and improvement of military 

21 family housing and facilities, $846,959,000. 

22 (B) For support of military family housing 

23 (including functions described in section 2833 of 

24 title 10, United States Code), $854,666,000. 
484 

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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and 

4 any other cost variation authorized by law, the total cost 

5 of all projects carried out under section 2301 of this Act 

6 may not exceed the total amount authorized to be appro7 priated under paragraphs (1), (2), and (3) of subsection 

8 (a). 

9 TITLE XXIV—DEFENSE 

10 AGENCIES 

11 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC12 TION AND LAND ACQUISITION PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts ap14 propriated pursuant to the authorization of appropriations 

15 in section 2404(a)(1), the Secretary of Defense may acquire 

16 real property and carry out military construction projects 

17 for the installations or locations inside the United States, 

18 and in the amounts, set forth in the following table: 

Defense Agencies: Inside the United States 

Agency Installation or Location Amount 

Defense Intelligence 

Agency ....................... Bolling Air Force Base, District of 

Columbia ....................................... $6,000,000 

Defense Logistics Agency ............................... Defense Distribution Depot, New 

Cumberland, Pennsylvania ......... $22,300,000 

Defense Distribution Depot, Richmond, Virginia ............................. $10,100,000 

Defense Fuel Support Point, Naval 

Air Station, Oceana, Virginia .... $3,589,000 

Defense Supply Center, Columbus, 

Ohio ............................................... $5,500,000 
485 

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Defense Agencies: Inside the United States—Continued 

Agency Installation or Location Amount 

Marina Corps Air Station, Cherry 

Point, North Carolina .................. $22,700,000 

Naval Air Station, Kingsville, 

Texas ............................................. $3,900,000 

Naval Station, Pearl Harbor, Hawaii ............................................... $3,500,000 

Tinker Air Force Base, Oklahoma .. $5,400,000 

Travis Air Force Base, California .. $15,100,000 

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 Center, 

Dam Neck, Virginia ..................... $5,700,000 

Fort A.P. Hill, Virginia .................. $1,500,000 

Fort Bragg, North Carolina ............ $42,888,000 

Fort Stewart/Hunter Army Air 

Field, Georgia ............................... $17,600,000 

Hurlburt Field, Florida ................... $2,500,000 

Naval Amphibious Base, Little 

Creek, Virginia ............................. $33,200,000 

Naval Air Station, North Island, 

California ...................................... $1,000,000 

TRICARE Management 

Activity ..................... Buckley Air Force Base, Colorado .. $2,100,000 

Defense Language Institute, Presidio, Monterey ............................. $6,700,000 

Fort Belvoir, Virginia ...................... $100,000,000 

Fort Benning, Georgia ..................... $7,100,000 

Langley Air Force Base, Virginia .. $50,800,000 

Marine Corps Recruit Depot, Parris Island, South Carolina .......... $25,000,000 

Naval Air Station, Jacksonville, 

Florida .......................................... $28,438,000 

Total .......................................... $470,782,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the United 

6 States, and in the amounts, set forth in the following table: 
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Defense Agencies: Outside the United States 

Agency Installation or Location Amount 

Defense Education Activity .......................... Grafenwoehr, Germany .................... $36,247,000 

Naval Station, Guam ....................... $26,964,000 

Vilseck, Germany .............................. $9,011,000 

Defense Logistics Agency ............................... Defense Fuel Support Point, Lajes 

Field, Portugal ............................. $19,113,000 

Misawa Air Base, Japan ................. $19,900,000 

Special Operations 

Command .................. Naval Station, Guam, Marianas Islands .............................................. $2,200,000 

Royal Air Force Mildenhall, United 

Kingdom ........................................ $10,200,000 

TRICARE Management 

Activity ..................... Diego Garcia ..................................... $3,800,000 

Grafenwoehr, Germany .................... $13,000,000 

Total .......................................... $140,435,000 

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(3), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations, and in the 

6 amount, set forth in the following table: 

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 

7 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

8 UNITS. 

9 Subject to section 2825 of title 10, United States Code, 

10 and using amounts appropriated pursuant to the author-
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1 ization of appropriations in section 2404(a)(9)(A), the Sec2 retary of Defense may improve existing military family 

3 housing units in an amount not to exceed $49,000. 

4 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2404(a)(7), the Sec7 retary of Defense may carry out energy conservation 

8 projects under section 2865 of title 10, United States Code, 

9 in the amount of $50,000,000. 

10 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

11 AGENCIES. 

12 (a) MODIFICATION OF INSIDE THE UNITED STATES

13 PROJECTS.—Funds are hereby authorized to be appro14 priated for fiscal years beginning after September 30, 2004, 

15 for military construction, land acquisition, and military 

16 family housing functions of the Department of Defense 

17 (other than the military departments) in the total amount 

18 of $1,089,063,000, as follows: 

19 (1) For military construction projects inside the 

20 United States authorized by section 2401(a), 

21 $413,782,000. 

22 (2) For military construction projects outside the 

23 United States authorized by section 2401(b), 

24 $140,435,000. 
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1 (3) For the military construction projects at un2 specified worldwide locations authorized by section 

3 2401(c), $10,300,000. 

4 (4) For unspecified minor military construction 

5 projects under section 2805 of title 10, United States 

6 Code, $20,938,000. 

7 (5) For contingency construction projects of the 

8 Secretary of Defense under section 2804 of title 10, 

9 United States Code, $10,000,000. 

10 (6) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $63,482,000. 

13 (7) For Energy Conservation projects authorized 

14 by section 2404 of this Act, $50,000,000. 

15 (8) For base closure and realignment activities 

16 as authorized by the Defense Base Closure and Re17 alignment Act of 1990 (part A of title XXIX of Public 

18 Law 101–510; 10 U.S.C. 2687 note), $246,116,000. 

19 (9) For military family housing functions: 

20 (A) For improvement of military family 

21 housing and facilities, $49,000. 

22 (B) For support of military family housing 

23 (including functions described in section 2833 of 

24 title 10, United States Code), $49,575,000. 
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1 (C) For credit to the Department of Defense 

2 Family Housing Improvement Fund established 

3 by section 2883(a)(1) of title 10, United States 

4 Code, $2,500,000. 

5 (10) For the construction of phase 6 of an am6 munition demilitarization facility at Pueblo Depot 

7 Activity, Colorado, authorized by section 2401(a) of 

8 the Military Construction Authorization Act for Fis9 cal Year 1997 (division B of Public Law 104–201; 

10 110 Stat. 2775), as amended by section 2406 of the 

11 Military Construction Authorization Act for Fiscal 

12 Year 2000 (division B of Public Law 106–65; 113 

13 Stat. 839), and section 2407 of the Military Construc14 tion Authorization Act for Fiscal Year 2003 (division 

15 B of Public Law 107–314; 116 Stat. 2698), 

16 $44,792,000. 

17 (11) For the construction of phase 5 of an am18 munition demilitarization facility at Blue Grass 

19 Army Depot, Kentucky, authorized by section 2401(a) 

20 of the Military Construction Authorization Act for 

21 Fiscal Year 2000 (division B of Public Law 106–65; 

22 113 Stat. 835), as amended by section 2405 of the 

23 Military Construction Authorization Act of 2002 (di24 vision B of Public Law 107–107; 115 Stat. 1298), 

25 and section 2405 of the Military Construction Author-
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1 ization Act for Fiscal Year 2003 (division B of Public 

2 Law 107–314; 116 Stat. 2698), $37,094,000. 

3 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and 

6 any other cost variation authorized by law, the total cost 

7 of all projects carried out under section 2401 of this Act 

8 may not exceed the sum of the following: 

9 (1) The total amount authorized to be appro10 priated under paragraphs (1), (2) and (3) of sub11 section (a). 

12 (2) $57,000,000 (the balance of the amount au13 thorized under section 2401(a) for hospital replace14 ment, Fort Belvoir, Virginia). 

15 TITLE XXV—NORTH ATLANTIC 

16 TREATY ORGANIZATION SE17 CURITY INVESTMENT PRO18 GRAM 

19 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

20 ACQUISITION PROJECTS. 

21 The Secretary of Defense may make contributions for 

22 the North Atlantic Treaty Organization Security Invest23 ment Program as provided in section 2806 of title 10, 

24 United States Code, in an amount not to exceed the sum 

25 of the amount authorized to be appropriated for this pur-
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1 pose in section 2502 and the amount collected from the 

2 North Atlantic Treaty Organization as a result of construc3 tion previously financed by the United States. 

4 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

5 Funds are hereby authorized to be appropriated for fis6 cal years beginning after September 30, 2004, for contribu7 tions by the Secretary of Defense under section 2806 of title 

8 10, United States Code, for the share of the United States 

9 of the cost of projects for the North Atlantic Treaty Organi10 zation Security Investment Program authorized by section 

11 2501, in the amount of $165,800,000. 

12 TITLE XXVI—GUARD AND 

13 RESERVE FORCES FACILITIES 

14 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC15 TION AND LAND ACQUISITION PROJECTS. 

16 Funds are hereby authorized to be appropriated for fis17 cal years beginning after September 30, 2004, for the costs 

18 of acquisition, architectural and engineering services, and 

19 construction of facilities for the Guard and Reserve Forces, 

20 and for contributions therefor, under chapter 1803 of title 

21 10, United States Code (including the cost of acquisition 

22 of land for those facilities), the following amounts: 

23 (1) For the Department of the Army— 

24 (A) for the Army National Guard of the 

25 United States, $393,225,000; and 
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1 (B) for the Army Reserve, $116,955,000. 

2 (2) For the Department of the Navy, for the 

3 Naval and Marine Corps Reserve, $30,955,000. 

4 (3) For the Department of the Air Force— 

5 (A) for the Air National Guard of the 

6 United States, $184,620,000; and 

7 (B) for the Air Force Reserve, $114,090,000. 

8 TITLE XXVII—EXPIRATION AND 

9 EXTENSION OF AUTHORIZA10 TIONS 

11 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND 

12 AMOUNTS REQUIRED TO BE SPECIFIED BY 

13 LAW. 

14 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

15 YEARS.—Except as provided in subsection (b), all author16 izations contained in titles XXI through XXVI for military 

17 construction projects, land acquisition, family housing 

18 projects and facilities, and contributions to the North At19 lantic Treaty Organization Security Investment Program 

20 (and authorizations of appropriations therefor) shall expire 

21 on the later of— 

22 (1) October 1, 2007; or 

23 (2) the date of the enactment of an Act author24 izing funds for military construction for fiscal year 

25 2008. 
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1 (b) EXCEPTION.—Subsection (a) shall not apply to au2 thorizations for military construction projects, land acqui3 sition, family housing projects and facilities, and contribu4 tions to the North Atlantic Treaty Organization Security 

5 Investment program (and authorizations of appropriations 

6 therefor), for which appropriated funds have been obligated 

7 before the later of— 

8 (1) October 1, 2007; or 

9 (2) the date of the enactment of an Act author10 izing funds for fiscal year 2008 for military construc11 tion projects, land acquisition, family housing 

12 projects and facilities, or contributions to the North 

13 Atlantic Treaty Organization Security Investment 

14 program. 

15 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

16 FISCAL YEAR 2002 PROJECTS. 

17 (a) EXTENSION.—Notwithstanding section 2701 of the 

18 Military Construction Authorization Act for Fiscal Year 

19 2002 (division B of Public Law 107–107; 115 Stat. 1301), 

20 authorizations set forth in the tables in subsection (b), as 

21 provided in section 2101 or 2302 of that Act, shall remain 

22 in effect until October 1, 2005, or the date of the enactment 

23 of an Act authorizing funds for military construction for 

24 fiscal year 2006, whichever is later. 
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1 (b) TABLES.—The tables referred to in subsection (a) 

2 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 .................. Family housing 

(55 Units) ........ $11,400,000 

Louisiana .............. Barksdale Air 

Force Base ........ Family housing 

(56 Units) ........ $7,300,000 

3 SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS 

4 OF CERTAIN FISCAL YEAR 2001 PROJECTS. 

5 (a) EXTENSION AND RENEWAL.—Notwithstanding sec6 tion 2701 of the Military Construction Authorization Act 

7 for Fiscal Year 2001 (division B of the Floyd D. Spence 

8 National Defense Authorization Act for Fiscal Year 2001 

9 (as enacted into law by Public Law 106–398; 114 Stat. 

10 1654A–407)), authorizations set forth in the tables in sub11 section (b), as provided in section 2102 or 2401 of that Act 

12 and, in the case of the authorization set forth in the first 

13 table in subsection (b), extended by section 2702 of the Mili14 tary Construction Authorization Act for Fiscal Year 2004 
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1 (division B of Public Law 108–136; 117 Stat. 1716), shall 

2 remain in effect until October 1, 2005, or the date of the 

3 enactment of an Act authorizing funds for military con4 struction for fiscal year 2006, whichever is later. 

5 (b) TABLES.—The tables referred to in subsection (a) 

6 are as follows: 

Army: Extension of 2001 Project Authorization 

State Installation or 

Location Project Amount 

South Carolina ...... Fort Jackson ........ Family housing (1 

unit) .................. $250,000 

Defense Agencies: 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 addition $843,000 

7 SEC. 2704. EFFECTIVE DATE. 

8 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of 

9 this Act shall take effect on the later of— 

10 (1) October 1, 2004; or 

11 (2) the date of the enactment of this Act. 
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1 TITLE XXVIII—GENERAL 

2 PROVISIONS 

3 Subtitle A—Military Construction 

4 Program and Military Family 

5 Housing Changes 

6 SECTION 2801. INCREASE IN CERTAIN THRESHOLDS FOR 

7 CARRYING OUT UNSPECIFIED MINOR MILI8 TARY CONSTRUCTION PROJECTS. 

9 (a) ADVANCE APPROVAL AND CONGRESSIONAL NOTIFI10 CATION THRESHOLD.—Subsection (b)(1) of section 2805 of 

11 title 10, United States Code, is amended by striking 

12 ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 

13 (b) USE OF OPERATION AND MAINTENANCE FUNDS

14 THRESHOLD.—Subsection (c) of such section is amended— 

15 (1) by striking paragraph (1) and inserting the 

16 following new paragraph: 

17 ‘‘(1) Except as provided in paragraphs (2) and (3), 

18 the Secretary concerned may spend from appropriations 

19 available for operation and maintenance amounts necessary 

20 to carry out an unspecified minor military construction 

21 project costing not more than $1,500,000.’’; and 

22 (2) in paragraph (3), by striking ‘‘limitations’’ 

23 and inserting ‘‘limitation’’. 
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1 SEC. 2802. ASSESSMENT OF VULNERABILITY OF MILITARY 

2 INSTALLATIONS TO TERRORIST ATTACK AND 

3 ANNUAL REPORT ON MILITARY CONSTRUC4 TION REQUIREMENTS RELATED TO 

5 ANTITERRORISM AND FORCE PROTECTION. 

6 (a) ANNUAL ASSESSMENT AND REPORT.—Section 

7 2808 of title 10, United States Code, is amended by adding 

8 at the end the following new subsection: 

9 ‘‘(d) ANTITERRORISM AND FORCE PROTECTION AS10 SESSMENTS AND MILITARY CONSTRUCTION REQUIRE11 MENTS.—(1) The Secretary of Defense shall develop com12 mon guidance and criteria to be used by the Secretary con13 cerned— 

14 ‘‘(A) to assess the vulnerability of military in15 stallations located inside and outside of the United 

16 States to terrorist attack; 

17 ‘‘(B) to develop construction standards designed 

18 to reduce the vulnerability of structures to terrorist 

19 attack and improve the security of the occupants of 

20 such structures; 

21 ‘‘(C) to prepare and carry out military construc22 tion projects, such as gate and fenceline construction, 

23 to improve the physical security of military installa24 tions; and 
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1 ‘‘(D) to assist in prioritizing such projects with2 in the military construction budget of each of the 

3 armed forces. 

4 ‘‘(2) The Secretary of Defense shall require vulner5 ability assessments of military installations to be con6 ducted, at regular intervals, using the criteria developed 

7 under paragraph (1). 

8 ‘‘(3) As part of the budget materials submitted to Con9 gress in connection with the submission of the budget for 

10 a fiscal year pursuant to section 1105 of title 31, but in 

11 no case later than March 15 of each year, the Secretary 

12 of Defense shall submit a report describing— 

13 ‘‘(A) the location and results of the vulnerability 

14 assessments conducted during the preceding fiscal 

15 year; 

16 ‘‘(B) the military construction requirements an17 ticipated to be necessary during the next three fiscal 

18 years to improve the physical security of military in19 stallations; and 

20 ‘‘(C) the extent to which funds are not requested 

21 in the Department of Defense budget for the next fis22 cal year to meet those requirements. 

23 ‘‘(4) In the case of the report required under para24 graph (3) to be submitted in 2006, the Secretary of Defense 

25 shall include a certification by the Secretary that since Sep-
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1 tember 11, 2001, vulnerability assessments have been under2 taken at all major military installations. The Secretary 

3 shall indicate the basis by which the Secretary differen4 tiated between major and nonmajor military installations 

5 for purposes of making the certification.’’. 

6 (b) STYLISTIC AND CLERICAL AMENDMENTS.—(1) The 

7 heading of such section is amended to read as follows: 

8 ‘‘§ 2808. Construction authority related to declaration 

9 of war or national emergency; construc10 tion requirements related to antiterrorism 

11 and force protection’’. 

12 (2) Such section is further amended— 

13 (A) in subsection (a), by inserting ‘‘CONSTRUC14 TION AUTHORITY; LIMITATION.—’’ after ‘‘(a)’’; 

15 (B) in subsection (b), by inserting ‘‘CONGRES16 SIONAL NOTIFICATION.—’’ after ‘‘(b)’’; and 

17 (C) in subsection (c), by inserting ‘‘TERMI18 NATION.—’’ after ‘‘(c)’’. 

19 (3) The table of sections at the beginning of chapter 

20 169 of such title is amended by striking the item relating 

21 to section 2808 and inserting the following new item: 

‘‘2808. Construction authority related to declaration of war or national emergency; construction requirements related to antiterrorism and 

force protection.’’. 
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1 SEC. 2803. CHANGE IN THRESHOLD FOR CONGRESSIONAL 

2 NOTIFICATION REGARDING USE OF OPER3 ATION AND MAINTENANCE FUNDS FOR FACIL4 ITY REPAIR. 

5 Section 2811(d) of title 10, United States Code, is 

6 amended by striking ‘‘$10,000,000’’ and inserting 

7 ‘‘$7,500,000’’. 

8 SEC. 2804. REPORTING REQUIREMENTS REGARDING MILI9 TARY FAMILY HOUSING REQUIREMENTS FOR 

10 GENERAL OFFICERS AND FLAG OFFICERS. 

11 (a) ANNUAL REPORT ON COST OF GENERAL AND FLAG

12 OFFICERS QUARTERS.—Section 2831 of title 10, United 

13 States Code, is amended by adding at the end the following 

14 new subsection: 

15 ‘‘(e) ANNUAL REPORT OF COST OF GENERAL OFFI16 CERS AND FLAG OFFICERS QUARTERS.—As part of the 

17 budget materials submitted to Congress in connection with 

18 the submission of the budget for a fiscal year pursuant to 

19 section 1105 of title 31, but in no case later than March 

20 30 of each year, the Secretary of Defense shall submit a 

21 report— 

22 ‘‘(1) identifying family housing units used, or 

23 intended for use, as quarters for general officers or 

24 flag officers for which the total operation and mainte25 nance costs, utility costs, and repair costs are antici26 pated to exceed $20,000 in the next fiscal year; and 
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1 ‘‘(2) specifying the total of such costs for each 

2 unit of family housing identified under paragraph 

3 (1).’’. 

4 (b) REPORT ON NEED FOR SUCH QUARTERS IN NA5 TIONAL CAPITAL REGION.—The Secretary of Defense shall 

6 prepare a report analyzing anticipated needs in the Na7 tional Capital Region for family housing units for general 

8 officers and flag officers. In conducting the analysis, the 

9 Secretary shall consider the extent of available housing in 

10 the National Capital Region and the necessity of providing 

11 housing for general officers and flag officers in secure loca12 tions. 

13 (c) REPORT ON WORLD-WIDE INVENTORY OF SUCH

14 QUARTERS.—The Secretary of Defense shall prepare a re15 port containing a worldwide inventory of family housing 

16 units for general officers and flag officers and identifying 

17 annual expenditures for each such unit for operation and 

18 maintenance, utilities, and repair for each for the fiscal 

19 years 2000 through 2004. 

20 (d) SUBMISSION OF REPORTS.—The reports required 

21 by subsections (b) and (c) shall be submitted to the congres22 sional defense committees not later than March 30, 2005. 

23 (e) DEFINITIONS.—In this section: 
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1 (1) The terms ‘‘general officer’’ and ‘‘flag officer’’ 

2 have the meanings given such terms in section 101(b) 

3 of title 10, United States Code. 

4 (2) The term ‘‘National Capital Region’’ has the 

5 meaning given such term in section 2674(f) of such 

6 title. 

7 SEC. 2805. CONGRESSIONAL NOTIFICATION OF DEVIATIONS 

8 FROM AUTHORIZED COST VARIATIONS FOR 

9 MILITARY CONSTRUCTION PROJECTS AND 

10 MILITARY FAMILY HOUSING PROJECTS. 

11 Section 2853(c)(3) of title 10, United States Code, is 

12 amended by inserting before the period at the end the fol13 lowing: ‘‘or, if over sooner, a period of 14 days has elapsed 

14 after the date on which a copy of the notification is pro15 vided in an electronic medium pursuant to section 480 of 

16 this title’’. 

17 SEC. 2806. REPEAL OF LIMITATION ON USE OF ALTER18 NATIVE AUTHORITY FOR ACQUISITION AND 

19 IMPROVEMENT OF MILITARY FAMILY HOUS20 ING. 

21 Effective October 1, 2005, subsection (g) of section 2883 

22 of title 10, United States Code, is amended to read as fol23 lows: 

24 ‘‘(g) LIMITATION ON USE OF AUTHORITY TO ACQUIRE

25 OR CONSTRUCT MILITARY UNACCOMPANIED HOUSING.— 
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1 The total value in budget authority of all contracts and in2 vestments undertaken using the authorities provided in this 

3 subchapter for the acquisition or construction of military 

4 unaccompanied housing shall not exceed $150,000,000.’’. 

5 SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DE6 SIGN EFFORTS FOR MILITARY CONSTRUC7 TION PROJECTS CARRIED OUT USING DE8 SIGN-BUILD SELECTION PROCEDURES. 

9 Section 2305a of title 10, United States Code, is 

10 amended by adding at the end the following new subsection: 

11 ‘‘(f) SPECIAL AUTHORITY FOR MILITARY CONSTRUC12 TION PROJECTS.—(1) The Secretary of a military depart13 ment, and the Secretary of Defense with respect to matters 

14 concerning the Defense Agencies, may use funds available 

15 to the Secretary under section 2807(a) or 18233(e) of this 

16 title to accelerate the design effort in connection with a 

17 military construction project for which the two-phase selec18 tion procedures described in subsection (c) are used to select 

19 the contractor for both the design and construction portion 

20 of the project before the project is specifically authorized by 

21 law and before funds are appropriated for the construction 

22 portion of the project. Notwithstanding the limitations con23 tained in such sections, use of such funds for the design 

24 portion of a military construction project may continue de25 spite the subsequent authorization of the project. The ad-
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1 vance notice requirement of section 2807(b) of this title shall 

2 continue to apply whenever the estimated cost of the design 

3 portion of the project exceeds the amount specified in such 

4 section. 

5 ‘‘(2) Any military construction contract that provides 

6 for an accelerated design effort, as authorized by paragraph 

7 (1), shall include as a condition of the contract that the 

8 liability of the United States in a termination for conven9 ience may not exceed costs above the costs attributable to 

10 the final design of the project. 

11 ‘‘(3) Not more than 36 military construction projects 

12 containing the accelerated design effort authorized by para13 graph (1) may be carried out. 

14 ‘‘(4) Not later than March 1, 2007, the Secretary of 

15 Defense shall submit to the congressional defense committees 

16 a report evaluating the usefulness of the authority provided 

17 by this subsection in expediting the design and construction 

18 of military construction projects. The authority provided by 

19 this subsection expires September 30, 2008, except that, if 

20 the report required by this paragraph is not submitted by 

21 March 1, 2007, the authority shall expire on that date.’’. 
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1 SEC. 2808. EXCHANGE OR SALE OF RESERVE COMPONENT 

2 FACILITIES TO ACQUIRE REPLACEMENT FA3 CILITIES. 

4 Section 18233 of title 10, United States Code, is 

5 amended by adding at the end the following new subsection: 

6 ‘‘(g)(1) The Secretary of Defense may convey, by ex7 change or sale, an existing facility of a reserve component 

8 of the armed forces for the purpose of acquiring a replace9 ment facility under this section or using the proceeds from 

10 the sale to acquire a replacement facility under this section, 

11 if the Secretary determines it is in the best interests of the 

12 United States to acquire the replacement facility by such 

13 exchange or sale. The United States shall receive funds or 

14 a replacement facility, or a combination of both, having a 

15 total value at least equal to the fair market value of the 

16 conveyed facility. 

17 ‘‘(2) Acquisition of a replacement facility under this 

18 subsection may be accomplished by construction, expansion, 

19 rehabilitation, or conversion and must result in a fully 

20 equipped and operational replacement facility. Nothing in 

21 this subsection prohibits the Secretary of Defense from con22 tributing additional funds, in accordance with this section, 

23 to obtain a fully equipped and operational replacement fa24 cility. 

25 ‘‘(3) Funds received under this subsection shall be de26 posited in a separate account and remain available to the 
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1 Secretary of Defense, without appropriation, for use in ac2 cordance with this subsection. Any funds received under this 

3 subsection in connection with a conveyance in excess of the 

4 funds required to obtain a fully equipped and operational 

5 replacement facility for the conveyed facility may be used 

6 by the Secretary for the purposes of subsection (a).’’. 

7 SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED 

8 AUTHORITY TO USE OPERATION AND MAIN9 TENANCE FUNDS FOR CONSTRUCTION 

10 PROJECTS OUTSIDE THE UNITED STATES. 

11 Section 2808 of the Military Construction Authoriza12 tion Act for Fiscal Year 2004 (division B of Public Law 

13 108–136; 117 Stat. 1723) is amended— 

14 (1) in subsections (a) and (d), by striking ‘‘fiscal 

15 year 2004’’ both places it appears and inserting ‘‘fis16 cal years 2004 and 2005’’; and 

17 (2) in subsection (c)(1), by striking ‘‘in fiscal 

18 year 2004’’ and inserting ‘‘in a fiscal year’’. 

19 Subtitle B—Real Property and 

20 Facilities Administration 

21 SEC. 2811. INCREASE IN CERTAIN THRESHOLDS FOR RE22 PORTING REAL PROPERTY TRANSACTIONS. 

23 (a) GENERAL NOTICE AND WAIT THRESHOLD.—Sub24 section (a) of section 2662 of title 10, United States Code, 
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1 is amended by striking ‘‘$750,000’’ each place it appears 

2 and inserting ‘‘$1,500,000’’. 

3 (b) ANNUAL REPORT ON MINOR TRANSACTIONS

4 THRESHOLD.—Subsection (b) of such section is amended by 

5 striking ‘‘subsection (a) that involve an estimated value of 

6 more than $250,000, but not more than $750,000’’ and in7 serting ‘‘such subsection that involve an estimated value of 

8 more than $500,000, but not more than the amount speci9 fied in such subsection’’. 

10 (c) NOTICE AND WAIT THRESHOLD FOR CERTAIN GSA 

11 LEASES.—Subsection (e) of such section is amended by 

12 striking ‘‘$750,000’’ and inserting ‘‘$1,500,000’’. 

13 (d) THRESHOLD FOR ACQUISITION OF LOW-COST IN14 TERESTS IN LAND.—Subsection (a) of section 2672 of such 

15 title is amended to read as follows: 

16 ‘‘(a) ACQUISITION AUTHORITY.—The Secretary of a 

17 military department may acquire any interest in land 

18 that— 

19 ‘‘(1) the Secretary determines is needed in the 

20 interest of national defense; and 

21 ‘‘(2) does not cost more than $1,500,000, exclu22 sive of administrative costs and the amounts of any 

23 deficiency judgments.’’. 
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1 (e) TREATMENT MULTIPLE PARCELS UNDER LOW2 COST ACQUISITION AUTHORITY.—Subsection (b) of such 

3 section is amended to read as follows: 

4 ‘‘(b) TREATMENT OF MULTIPLE PARCELS.—This sec5 tion does not authorize the acquisition, as a part of the 

6 same project, of more than one parcel of land unless— 

7 ‘‘(1) the parcels are noncontiguous; or 

8 ‘‘(2) if contiguous, the total cost for the acquisi9 tion of all of the contiguous parcels does not cost more 

10 than the amount specified in subsection (a)(2).’’. 

11 SEC. 2812. REORGANIZATION OF EXISTING ADMINISTRA12 TIVE PROVISIONS RELATING TO REAL PROP13 ERTY TRANSACTIONS. 

14 (a) LIMITATION ON COMMISSIONS.—(1) Section 2661 

15 of title 10, United States Code, is amended by adding at 

16 the end the following new subsection: 

17 ‘‘(c) COMMISSIONS ON LAND PURCHASE CON18 TRACTS.—The maximum amount payable as a commission 

19 on a contract for the purchase of land from funds appro20 priated for the Department of Defense is two percent of the 

21 purchase price.’’. 

22 (2) Section 2666 of such title is repealed. 

23 (b) REPEAL OF OBSOLETE AUTHORITY TO ACQUIRE

24 LAND FOR TIMBER PRODUCTION.—Section 2664 of such 

25 title is repealed. 
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1 (c) AVAILABILITY OF FUNDS FOR ACQUISITION OF

2 CERTAIN INTERESTS IN REAL PROPERTY.—(1) Section 

3 2672 of such title is amended by adding at the end the fol4 lowing new subsection: 

5 ‘‘(d) AVAILABILITY OF FUNDS.—Appropriations avail6 able to the Department of Defense for operation and mainte7 nance or construction may be used for the acquisition of 

8 land or interests in land under this section.’’. 

9 (2) Section 2673 of such title is repealed. 

10 (3) Section 2675 of such title is amended— 

11 (A) by inserting before ‘‘The Secretary’’ the fol12 lowing ‘‘(a) LEASE AUTHORITY; DURATION.—’’; and 

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

15 ‘‘(b) AVAILABILITY OF FUNDS.—Appropriations avail16 able to the Department of Defense for operation and mainte17 nance or construction may be used for the acquisition of 

18 interests in land under this section.’’. 

19 (d) STYLISTIC AND CLERICAL AMENDMENTS.—(1) Sec20 tion 2661 of such title is further amended— 

21 (A) in subsection (a), by inserting ‘‘AVAIL22 ABILITY OF OPERATION AND MAINTENANCE FUNDS.— 

23 ’’ after ‘‘(a)’’ ; and 

24 (B) in subsection (b), by inserting ‘‘LEASING

25 AND ROAD MAINTENANCE AUTHORITY.—’’ after ‘‘(b)’’. 
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1 (2) The table of sections at the beginning of chapter 

2 159 of such title is amended by striking the items relating 

3 to sections 2664, 2666, and 2673. 

4 SEC. 2813. TREATMENT OF MONEY RENTALS FROM GOLF 

5 COURSE AT ROCK ISLAND ARSENAL, ILLI6 NOIS. 

7 (a) SUPPORT OF MWR ACTIVITIES.—Section 2667(d) 

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

9 (1) in paragraph (1)(B)— 

10 (A) by redesignating clause (ii) as clause 

11 (iii); and 

12 (B) by inserting after clause (i) the fol13 lowing new clause: 

14 ‘‘(ii) Money rentals deposited in a non15 appropriated morale, welfare, and recreation account 

16 under paragraph (3).’’; and 

17 (2) by inserting after paragraph (2) the fol18 lowing new paragraph: 

19 ‘‘(3) The Secretary of the Army may deposit up to 50 

20 percent of the money rentals received by the United States 

21 from a lease involving the golf course at Rock Island Arse22 nal, Illinois, in the nonappropriated morale, welfare, and 

23 recreation account for that installation, to be used for qual24 ity-of-life programs at that installation.’’. 
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1 (b) EFFECTIVE DATE.—Paragraph (3) of section 

2 2667(d) of title 10, United States Code, as added by sub3 section (a), shall apply to money rentals referred to in such 

4 paragraph received by the United States after September 

5 30, 2004. 

6 SEC. 2814. NUMBER OF CONTRACTS AUTHORIZED DEPART7 MENT-WIDE UNDER DEMONSTRATION PRO8 GRAM ON REDUCTION IN LONG-TERM FACIL9 ITY MAINTENANCE COSTS. 

10 Section 2814 of the National Defense Authorization 

11 Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 

12 2809 note) is amended— 

13 (1) in subsection (a), by striking ‘‘or the Sec14 retary of a military department’’ and inserting ‘‘and 

15 the Secretaries of the military departments’’; 

16 (2) in subsection (b)(1), by striking ‘‘12 con17 tracts per military department’’ and inserting ‘‘36 

18 contracts’’; and 

19 (3) in subsection (b)(2), by striking ‘‘the date of 

20 the enactment of the Bob Stump National Defense Au21 thorization Act for Fiscal Year 2003’’ and inserting 

22 ‘‘December 2, 2002’’. 
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1 SEC. 2815. REPEAL OF COMMISSION ON REVIEW OF OVER2 SEAS MILITARY FACILITY STRUCTURE OF THE 

3 UNITED STATES. 

4 Section 128 of the Military Construction Appropria5 tions Act, 2004 (Public Law 108–132; 117 Stat. 1382; 10 

6 U.S.C. 111 note), is repealed. 

7 SEC. 2816. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL 

8 AT LUKE AIR FORCE BASE, ARIZONA, IN 

9 HONOR OF JOHN J. RHODES, A FORMER MI10 NORITY LEADER OF THE HOUSE OF REP11 RESENTATIVES. 

12 The Airmen Leadership School at Luke Air Force 

13 Base, Arizona, building 156, shall be known and designated 

14 as the ‘‘John J. Rhodes Airmen Leadership School’’. Any 

15 reference to such facility in any law, regulation, map, docu16 ment, record, or other paper of the United States shall be 

17 considered to be a reference to the John J. Rhodes Airmen 

18 Leadership School. 

19 SEC. 2817. ELIMINATION OF REVERSIONARY INTERESTS 

20 CLOUDING UNITED STATES TITLE TO PROP21 ERTY USED AS NAVY HOMEPORTS. 

22 (a) AUTHORITY TO ACQUIRE COMPLETE TITLE.—If 

23 real property owned by the United States and used as a 

24 Navy homeport is subject to a reversionary interest of any 

25 kind, the Secretary of the Navy may enter into an agree26 ment with the holder of the reversionary interest to acquire 
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1 the reversionary interest and thereby secure for the United 

2 States all right, title, and interest in and to the property. 

3 (b) CONSIDERATION.—(1) As consideration for the ac4 quisition of a reversionary interest under subsection (a), the 

5 Secretary shall provide the holder of the reversionary inter6 est with in-kind consideration, to be determined pursuant 

7 to negotiations between the Secretary and the holder of the 

8 reversionary interest. In determining the type and value of 

9 any in-kind consideration to be provided for the acquisition 

10 of a reversionary interest under subsection (a), the Sec11 retary shall take into account the nature of the reversionary 

12 interest, including whether it would require the holder of 

13 the reversionary interest to pay for any improvements ac14 quired by the holder as part of the reversion of the real 

15 property, and the long-term use and ultimate disposition 

16 of the real property if the United States were to acquire 

17 all right, title, and interest in and to the real property sub18 ject to the reversionary interest. 

19 (2) Cash payments are not authorized as consideration 

20 for the acquisition of reversionary interests under sub21 section (a). 
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1 SEC. 2818. REPORT ON REAL PROPERTY DISPOSAL AT MA2 RINE CORPS AIR STATION, EL TORO, CALI3 FORNIA. 

4 Not later than 180 days after the date of the enactment 

5 of this Act, the Secretary of the Navy shall submit to Con6 gress a report describing— 

7 (1) the progress being made with regard to the 

8 disposal of real property at Marine Corps Air Sta9 tion, El Toro, California, including any challenges 

10 arising from plans to dispose of property at the in11 stallation by auction; 

12 (2) the anticipated future uses of the property; 

13 and 

14 (3) the requests received from other Federal agen15 cies (including other military departments) for prop16 erty at the installation. 

17 Subtitle C—Base Closure and 

18 Realignment 

19 SEC. 2821. TWO-YEAR POSTPONEMENT OF 2005 BASE CLO20 SURE AND REALIGNMENT ROUND AND SUB21 MISSION OF REPORTS REGARDING FUTURE 

22 INFRASTRUCTURE REQUIREMENTS FOR THE 

23 ARMED FORCES. 

24 (a) TWO-YEAR POSTPONEMENT IN SUBMITTAL OF

25 BASE CLOSURE AND REALIGNMENT RECOMMENDATIONS.— 

26 Section 2914 of the Defense Base Closure and Realignment 
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1 Act of 1990 (part A of title XXIX of Public Law 101–510; 

2 10 U.S.C. 2687 note), as added by section 3003 of the Na3 tional Defense Authorization Act for Fiscal Year 2002 (Pub4 lic Law 107–107; 115 Stat. 1345), is amended— 

5 (1) in the section heading, by striking ‘‘2005’’ 

6 and inserting ‘‘2007’’; and 

7 (2) in subsection (a), by striking ‘‘May 16, 

8 2005,’’ and inserting ‘‘May 16, 2007,’’. 

9 (b) COMMISSION REVIEW AND RECOMMENDATIONS.— 

10 Subsection (d) of section 2914 of the Defense Base Closure 

11 and Realignment Act of 1990 is amended— 

12 (1) in paragraphs (1) and (2), by striking ‘‘Sep13 tember 8, 2005’’ both places it appears and inserting 

14 ‘‘September 8, 2007’’; and 

15 (2) in paragraph (6)— 

16 (A) by striking ‘‘in 2005’’ and inserting 

17 ‘‘under this section’’; and 

18 (B) by striking ‘‘July 1, 2005’’ and insert19 ing ‘‘July 1, 2007’’. 

20 (c) REVIEW BY PRESIDENT AND TRANSMITTAL TO

21 CONGRESS.—Subsection (e) of section 2914 of the Defense 

22 Base Closure and Realignment Act of 1990 is amended— 

23 (1) in paragraph (1)— 

24 (A) by striking ‘‘in 2005’’ and inserting 

25 ‘‘under this section’’; and 
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1 (B) by striking ‘‘September 23, 2005’’ and 

2 inserting ‘‘September 23, 2007’’; 

3 (2) in paragraph (2), by striking ‘‘October 20, 

4 2005’’ and inserting ‘‘October 20, 2007’’; and 

5 (3) in paragraph (3)— 

6 (A) by striking ‘‘November 7, 2005’’ and in7 serting ‘‘November 7, 2007’’; and 

8 (B) by striking ‘‘in 2005’’ and inserting ‘‘in 

9 2007’’. 

10 (d) NEW FORCE STRUCTURE PLAN AND INFRASTRUC11 TURE INVENTORY; RECERTIFICATION OF NEED FOR ADDI12 TIONAL ROUND.—Section 2912 of the Defense Base Closure 

13 and Realignment Act of 1990 (part A of title XXIX of Pub14 lic Law 101–510; 10 U.S.C. 2687 note), as added by section 

15 3001 of the National Defense Authorization Act for Fiscal 

16 Year 2002 (Public Law 107–107; 115 Stat. 1342), is 

17 amended— 

18 (1) in the section heading, by striking ‘‘2005’’ 

19 and inserting ‘‘2007’’; 

20 (2) by striking ‘‘fiscal year 2005’’ each place it 

21 appears and inserting ‘‘fiscal year 2007’’; 

22 (3) in subsection (b)(1), by inserting ‘‘for fiscal 

23 year 2007’’ after ‘‘subsection (a)’’; 
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1 (4) in subsections (b)(2) and (d), by striking ‘‘in 

2 2005’’ each place it appears and inserting ‘‘under sec3 tion 2914’’; 

4 (5) in subsection (d), by striking ‘‘March 15, 

5 2005’’ both places it appears and inserting ‘‘March 

6 15, 2007’’; 

7 (6) in subsection (d)(4), by striking ‘‘calendar 

8 year 2005 and shall terminate on April 15, 2006’’ 

9 and inserting ‘‘calendar year 2007 and shall termi10 nate on April 15, 2008’’; and 

11 (7) in subsection (d)(5), by striking ‘‘second ses12 sion of the 108th Congress for the activities of the 

13 Commission in 2005’’ and inserting ‘‘second session 

14 of the 109th Congress for the activities of the Commis15 sion under section 2914’’. 

16 (e) INFRASTRUCTURE-RELATED REPORTING REQUIRE17 MENTS; TERMINATION OF BASE CLOSURE ROUND.—Section 

18 2912 of the Defense Base Closure and Realignment Act of 

19 1990 is further amended by adding at the end the following 

20 new subsection: 

21 ‘‘(e) INFRASTRUCTURE-RELATED REPORTS.— 

22 ‘‘(1) REQUIRED REPORTS.—The Secretary shall 

23 prepare the following reports related to infrastructure 

24 requirements for the Armed Forces: 
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1 ‘‘(A) A report containing the Integrated 

2 Global Presence and Basing Strategy of the De3 partment of Defense, including the location of 

4 long-term overseas installations, installations to 

5 be used for rotational purposes, and forward op6 erating locations, anticipated rotational plans 

7 and policies, and domestic and overseas infra8 structure requirements associated with the strat9 egy. 

10 ‘‘(B) A report describing the anticipated in11 frastructure requirements associated with the 

12 probable end-strength levels and major military 

13 force units (including land force divisions, car14 rier and other major combatant vessels, air 

15 wings, and other comparable units) for each of 

16 the Armed Forces resulting from force trans17 formation. 

18 ‘‘(C) A report describing the anticipated in19 frastructure requirements related to expected 

20 changes in the active component versus reserve 

21 component personnel mix of the Armed Forces. 

22 ‘‘(D) A report describing the anticipated in23 frastructure requirements associated with the so24 called ‘10–30–30 objective’ of the Secretary to en25 sure that military forces are capable of deploy-
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1 ment overseas within 10 days in sufficient 

2 strength to defeat an enemy within 30 days and 

3 be ready for redeployment within 30 days after 

4 the end of combat operations. 

5 ‘‘(E) A report containing the results of a 

6 complete reassessment of the infrastructure nec7 essary to support the force structure described in 

8 the force-structure plan prepared under para9 graph (1) of subsection (a) and describing any 

10 resulting excess infrastructure and infrastructure 

11 capacity, which were previously required by 

12 paragraph (2) of such subsection. The reassess13 ment shall be based on actual infrastructure, fa14 cility, and space requirements for the Armed 

15 Forces rather than a comparative study between 

16 1989 and 2003. 

17 ‘‘(F) A report describing the anticipated in18 frastructure requirements associated with the as19 sessment prepared by the Secretary pursuant to 

20 section 2822 of the National Defense Authoriza21 tion Act for Fiscal Year 2004 (Public Law 108– 

22 136; 117 Stat. 1726), in which Congress required 

23 the Secretary to assess the probable threats to na24 tional security and determine the potential, pru-
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1 dent, surge requirements for the Armed Forces 

2 and military installations to meet those threats. 

3 ‘‘(2) TIME FOR SUBMISSION OF REPORTS.—The 

4 reports required by paragraph (1) shall be submitted 

5 to the congressional defense committees only during 

6 the period beginning on January 1, 2006, and ending 

7 on March 15, 2006. 

8 ‘‘(3) TERMINATION OF ROUND FOR FAILURE TO

9 SUBMIT REPORTS AS REQUIRED.—If the reports re10 quired by paragraph (1) are not submitted during the 

11 period specified in paragraph (2), the process for the 

12 making of recommendations to the Congress for the 

13 closure or realignment of military installations and 

14 the selection of installations for closure or realignment 

15 under this part in 2007 shall be terminated.’’. 

16 (f) CONFORMING AMENDMENTS.—(1) Section 

17 2904(a)(3) of the Defense Base Closure and Realignment 

18 Act of 1990 is amended by striking ‘‘in the 2005 report’’ 

19 and inserting ‘‘in a report submitted after 2001’’. 

20 (2) Section 2906(e) of such Act is amended by striking 

21 ‘‘2005’’ and inserting ‘‘2007’’. 

22 (3) Section 2906A of such Act is amended— 

23 (A) in the section heading, by striking ‘‘2005’’ 

24 and inserting ‘‘2007’’; and 
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1 (B) by striking ‘‘2005’’ each place it appears 

2 and inserting ‘‘2007’’. 

3 (4) Section 2909(a) of such Act is amended by striking 

4 ‘‘2006’’ and inserting ‘‘2008’’. 

5 SEC. 2822. ESTABLISHMENT OF SPECIFIC DEADLINE FOR 

6 SUBMISSION OF REVISIONS TO FORCE7 STRUCTURE PLAN AND INFRASTRUCTURE IN8 VENTORY FOR NEXT BASE CLOSURE ROUND. 

9 Section 2912(a)(4) of the Defense Base Closure and Re10 alignment Act of 1990 (part A of title XXIX of Public Law 

11 101–510; 10 U.S.C. 2687 note) is amended by striking ‘‘as 

12 part of the budget justification document submitted to Con13 gress for fiscal year 2006.’’ and inserting ‘‘not later than 

14 March 15 of the year in which the Secretary will submit, 

15 consistent with subsection (e) of this section, the list of the 

16 military installations inside the United States that the Sec17 retary recommends for closure or realignment. No revision 

18 of the force-structure plan or infrastructure inventory is au19 thorized after that March 15 date.’’. 

20 SEC. 2823. SPECIFICATION OF FINAL SELECTION CRITERIA 

21 FOR NEXT BASE CLOSURE ROUND. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) Title XXX of the National Defense Authoriza24 tion Act for Fiscal Year 2002 (Public Law 107–107; 

25 115 Stat. 1342) amended the Defense Base Closure 
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1 and Realignment Act of 1990 (part A of title XXIX 

2 of Public Law 101–510; 10 U.S.C. 2687 note) to au3 thorize the Secretary of Defense to conduct an addi4 tional round of base realignments and closures. 

5 (2) In section 2822 of the National Defense Au6 thorization Act for Fiscal Year 2004 (Public Law 

7 108–136; 117 Stat. 1726), approved November 24, 

8 2003, Congress required the Secretary of Defense to 

9 assess the probable threats to national security and 

10 determine the potential, prudent, surge requirements 

11 for the Armed Forces and military installations to 

12 meet those threats. Such section specifically requires 

13 the Secretary of Defense to use the determination of 

14 surge requirements in exercising the authority of the 

15 Secretary to conduct the next round of base realign16 ments and closures. 

17 (3) Section 2913 of the Defense Base Closure and 

18 Realignment Act of 1990, as added by title XXX of 

19 the National Defense Authorization Act for Fiscal 

20 Year 2002, specified the process by which the Sec21 retary of Defense was to prepare the criteria to be 

22 used by the Secretary in making recommendations for 

23 the next round of base realignments and closures and 

24 listed certain requirements the Secretary had to com25 ply with as part of the process, including the advance 
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1 publication of the proposed criteria and the solicita2 tion and consideration of public comments. 

3 (4) In subsection (e) of such section, Congress re4 quired the Secretary of Defense to publish in the Fed5 eral Register and transmit to Congress not later than 

6 February 16, 2004, the final criteria intended to be 

7 used by the Secretary in making recommendations for 

8 the next round of base realignments and closures. 

9 Pursuant to such subsection, the Secretary of Defense 

10 published the final selection criteria in the Federal 

11 Register on February 12, 2004 (69 Fed. Reg. 6948). 

12 (5) In addition to specifically reserving its right 

13 to disapprove the final selection criteria, Congress 

14 may modify or otherwise amend the criteria by Act 

15 of Congress. 

16 (b) CONGRESSIONAL SPECIFICATION OF FINAL BRAC 

17 SELECTION CRITERIA.—Section 2913 of the Defense Base 

18 Closure and Realignment Act of 1990 (part A of title XXIX 

19 of Public Law 101–510; 10 U.S.C. 2687 note), as added 

20 by section 3002 of the National Defense Authorization Act 

21 for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 

22 1344), is amended to read as follows: 
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1 ‘‘SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL 

2 ROUND OF BASE CLOSURES AND REALIGN3 MENTS. 

4 ‘‘(a) FINAL SELECTION CRITERIA.—The final criteria 

5 to be used by the Secretary in making recommendations for 

6 the closure or realignment of military installations inside 

7 the United States under this part in any additional round 

8 of base closures and realignments are as follows: 

9 ‘‘(1) The current and future mission require10 ments and the impact on operational readiness of the 

11 total force of the Department of Defense, including the 

12 impact on joint warfighting, training, readiness, and 

13 research, development, test, and evaluation of weapons 

14 systems and equipment. 

15 ‘‘(2) The availability and condition of land, fa16 cilities, infrastructure, and associated air and water 

17 space (including preservation of training areas suit18 able for maneuver by ground, naval, or air forces 

19 throughout a diversity of climate and terrain areas, 

20 the preservation of testing ranges able to accommo21 date current or future military weapons systems and 

22 equipment, and the preservation of staging areas for 

23 the use of the Armed Forces in homeland defense mis24 sions) at both existing and potential receiving loca25 tions. 
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1 ‘‘(3) The ability to accommodate contingency, 

2 mobilization, and future total force requirements at 

3 both existing and potential receiving locations to sup4 port operations, training, maintenance, and repair. 

5 ‘‘(4) Preservation of land, air, and water space, 

6 facilities, and infrastructure necessary to support 

7 training and operations of military forces determined 

8 to be surge requirements by the Secretary of Defense, 

9 as required by section 2822 of the National Defense 

10 Authorization Act for Fiscal Year 2004 (Public Law 

11 108–136; 117 Stat. 1726). 

12 ‘‘(5) The extent and timing of potential costs and 

13 savings of base realignment and closure actions on the 

14 entire Federal budget, as well as the Department of 

15 Defense, including the number of years, beginning 

16 with the date of completion of the closure or realign17 ment, for the savings to exceed the costs. Costs shall 

18 include those costs related to potential environmental 

19 restoration, waste management, and environmental 

20 compliance activities. 

21 ‘‘(6) The economic impact on existing commu22 nities in the vicinity of military installations. 

23 ‘‘(7) The ability of the infrastructure of both the 

24 existing and potential receiving communities to sup25 port forces, missions, and personnel, including qual-
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1 ity of living standards for members of the Armed 

2 Forces and their dependents. 

3 ‘‘(8) The environmental impact on receiving lo4 cations. 

5 ‘‘(b) PRIORITY GIVEN TO MILITARY VALUE.—In rec6 ommending military installations for closure or realign7 ment, the Secretary shall give priority consideration to the 

8 first four criteria specified in subsection (a). 

9 ‘‘(c) RELATION TO OTHER MATERIALS.—The final se10 lection criteria specified in subsection (a) shall be the only 

11 criteria to be used, along with the force-structure plan and 

12 infrastructure inventory referred to in section 2912, in 

13 making recommendations for the closure or realignment of 

14 military installations inside the United States under this 

15 part after December 31, 2003. 

16 ‘‘(d) RELATION TO CRITERIA FOR EARLIER

17 ROUNDS.—Section 2903(b), and the selection criteria pre18 pared under such section, shall not apply with respect to 

19 the process of making recommendations for the closure or 

20 realignment of military installations after December 31, 

21 2003.’’. 

22 (c) CONFORMING AMENDMENTS.—The Defense Base 

23 Closure and Realignment Act of 1990 is amended— 
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1 (1) in section 2912(c)(1)(A), by striking ‘‘cri2 teria prepared under section 2913’’ and inserting 

3 ‘‘criteria specified in section 2913’’; and 

4 (2) in section 2914(a), by striking ‘‘criteria pre5 pared by the Secretary under section 2913’’ and in6 serting ‘‘criteria specified in section 2913’’. 

7 SEC. 2824. REQUIREMENT FOR UNANIMOUS VOTE OF DE8 FENSE BASE CLOSURE AND REALIGNMENT 

9 COMMISSION TO ADD TO OR OTHERWISE EX10 PAND CLOSURE AND REALIGNMENT REC11 OMMENDATIONS MADE BY SECRETARY OF DE12 FENSE. 

13 Section 2914(d) of the Defense Base Closure and Re14 alignment Act of 1990 (part A of title XXIX of Public Law 

15 101–510; 10 U.S.C. 2687 note), as added by section 3003 

16 of the Military Construction Authorization Act for Fiscal 

17 Year 2002 (division B of Public Law 107–107; 155 Stat, 

18 1346) and amended by section 2854 of the Bob Stump Na19 tional Defense Authorization Act for Fiscal Year 2003 (Pub20 lic Law 107–314; 116 Stat. 2728), is amended— 

21 (1) in paragraph (3), by striking ‘‘TO ADD’’ and 

22 inserting ‘‘TO CONSIDER ADDITIONS’’; and 

23 (2) by striking paragraph (5) and inserting the 

24 following new paragraph: 
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1 ‘‘(5) REQUIREMENTS TO EXPAND CLOSURE OR

2 REALIGNMENT RECOMMENDATIONS.—In the report re3 quired under section 2903(d)(2)(A) that is to be 

4 transmitted under paragraph (1), the Commission 

5 may not make a change in the recommendations of 

6 the Secretary that would close a military installation 

7 not recommended for closure by the Secretary, would 

8 realign a military installation not recommended for 

9 closure or realignment by the Secretary, or would ex10 pand the extent of the realignment of a military in11 stallation recommended for realignment by the Sec12 retary unless— 

13 ‘‘(A) at least two members of the Commis14 sion visit the military installation before the 

15 date of the transmittal of the report; and 

16 ‘‘(B) the decision of the Commission to 

17 make the change to recommend the closure of the 

18 military installation, the realignment of the in19 stallation, or the expanded realignment of the in20 stallation is unanimous.’’. 
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1 SEC. 2825. ADHERENCE TO CERTAIN AUTHORITIES ON 

2 PRESERVATION OF MILITARY DEPOT CAPA3 BILITIES DURING ANY SUBSEQUENT ROUND 

4 OF BASE CLOSURES AND REALIGNMENTS. 

5 The Defense Base Closure and Realignment Act of 

6 1990 (part A of title XXIX of Public Law 101–510; 10 

7 U.S.C. 2687 note) is amended by adding at the end the fol8 lowing new section: 

9 ‘‘SEC. 2915. ADHERENCE TO CERTAIN AUTHORITIES ON 

10 PRESERVATION OF MILITARY DEPOT CAPA11 BILITIES DURING ANY SUBSEQUENT ROUND 

12 OF BASE CLOSURES AND REALIGNMENTS. 

13 ‘‘(a) ADHERENCE REQUIRED.—(1) Any base closure 

14 and realignment actions under section 2914 or subsequent 

15 round of base closure and realignment, and any actions to 

16 carry out the closure or realignment of military installa17 tions as a result of such actions, shall reflect a strict adher18 ence to the provisions of title 10, United States Code, for 

19 the maintenance of government-owned, government-oper20 ated depot-level maintenance, repair, and logistics capabili21 ties within the Department of Defense, including the provi22 sions of chapter 146 of such title and other applicable provi23 sions. 

24 ‘‘(2) No action to carry out the closure or realignment 

25 of military installations in any base closures and realign26 ments under this part after the date of the enactment of 
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1 this section may include a waiver authorized by paragraph 

2 (2) or (3) of section 2464(b) or section 2466(b) of title 10, 

3 United States Code. 

4 ‘‘(b) BASE CLOSURE AND REALIGNMENT ACTIONS DE5 FINED.—In this section, the term ‘base closure and realign6 ment actions’ means the following: 

7 ‘‘(1) The preparation by the Secretary of Defense 

8 of recommendations on installations for closure or re9 alignment under this part or any subsequent base clo10 sure law. 

11 ‘‘(2) The review by the Commission of the rec12 ommendations referred to in paragraph (1). 

13 ‘‘(3) The review by the President of the rec14 ommendations referred to in paragraphs (1) and 

15 (2).’’. 

16 Subtitle D—Land Conveyances 

17 PART I—ARMY CONVEYANCES 

18 SEC. 2831. TRANSFER OF ADMINISTRATIVE JURISDICTION, 

19 DEFENSE SUPPLY CENTER, COLUMBUS, OHIO. 

20 (a) TRANSFER REQUIRED.—As soon as practicable 

21 after the date of the enactment of this Act, the Secretary 

22 of the Army shall transfer, without reimbursement, to the 

23 administrative jurisdiction of the Secretary of Veterans Af24 fairs a parcel of real property consisting of approximately 

25 20 acres and comprising a portion of the Defense Supply 
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1 Center in Columbus, Ohio, for the purpose of permitting 

2 the Secretary of Veterans Affairs to use the property as the 

3 site for an outpatient clinic. 

4 (b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 

5 Secretary of the Army shall require the Secretary of Vet6 erans Affairs to cover costs to be incurred by the Secretary 

7 of the Army, or to reimburse the Secretary of the Army for 

8 costs incurred by the Secretary of the Army, to carry out 

9 the conveyance under subsection (a), including survey costs, 

10 costs related to environmental documentation, and other ad11 ministrative costs related to the conveyance. If amounts are 

12 collected from the Secretary of Veterans Affairs in advance 

13 of the Secretary of the Army incurring the actual costs, and 

14 the amount collected exceeds the costs actually incurred by 

15 the Secretary of the Army to carry out the conveyance, the 

16 Secretary of the Army shall refund the excess amount to 

17 the Secretary of Veterans Affairs. 

18 (2) Amounts received as reimbursement under para19 graph (1) shall be credited to the fund or account that was 

20 used to cover the costs incurred by the Secretary of the 

21 Army in carrying out the conveyance. Amounts so credited 

22 shall be merged with amounts in such fund or account, and 

23 shall be available for the same purposes, and subject to the 

24 same conditions and limitations, as amounts in such fund 

25 or account. 
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1 (c) DESCRIPTION OF REAL PROPERTY.—The exact 

2 acreage and legal description of the real property to be 

3 transferred under subsection (a) shall be determined by a 

4 survey satisfactory to the Secretary of the Army. 

5 SEC. 2832. LAND CONVEYANCE, FORT HOOD, TEXAS. 

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

7 Army may convey to the Texas A&M University System 

8 of the State of Texas (in this section referred to as the ‘‘Uni9 versity System’’), all right, title, and interest of the United 

10 States in and to a parcel of real property, including im11 provements thereon, consisting of approximately 662 acres 

12 at Fort Hood, Texas, for the sole purpose of permitting the 

13 University System to establish on the property an upper 

14 level (junior, senior and graduate) university that will be 

15 State-supported, separate from other universities of the 

16 University System, and designated as Texas A&M Univer17 sity, Central Texas. 

18 (b) CONSIDERATION.—(1) As consideration for the con19 veyance under subsection (a), the University System shall 

20 pay to the United States an amount equal to the fair mar21 ket value of the conveyed property, as determined pursuant 

22 to an appraisal acceptable to the Secretary. 

23 (2) In lieu of all or a portion of the cash consideration 

24 required by paragraph (1), the Secretary may accept in- 
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1 kind consideration, including the conveyance by the Univer2 sity System of real property acceptable to the Secretary. 

3 (c) CONDITION OF CONVEYANCE.—The conveyance 

4 under subsection (a) shall be subject to the condition that 

5 the Secretary determine that the conveyance of the property 

6 and the establishment of a university on the property will 

7 not adversely impact the operation of Robert Grey Army 

8 Airfield, which is located on Fort Hood approximately one 

9 mile from the property authorized for conveyance. 

10 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

11 and legal description of the real property to be conveyed 

12 under subsection (a) shall be determined by a survey satis13 factory to the Secretary. The cost of the survey shall be borne 

14 by the University System. 

15 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec16 retary may require such additional terms and conditions 

17 in connection with the conveyance under subsection (a) as 

18 the Secretary considers appropriate to protect the interests 

19 of the United States. 

20 SEC. 2833. LAND CONVEYANCE, ARMY NATIONAL GUARD FA21 CILITY, SEATTLE, WASHINGTON. 

22 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

23 Army may convey, without consideration, to the State of 

24 Washington (in this section referred to as the ‘‘State’’) all 

25 right, title, and interest of the United States in and to a 
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1 parcel of real property, including any improvements there2 on, consisting of approximately 9.747 acres in Seattle, 

3 Washington, and comprising a portion of the National 

4 Guard Facility, Pier 91, for the purpose of permitting the 

5 State to convey the facility unencumbered for economic de6 velopment purposes. 

7 (b) ADMINISTRATIVE EXPENSES.—(1) The State shall 

8 reimburse the Secretary for the administrative expenses in9 curred by the Secretary in carrying out the conveyance 

10 under subsection (a), including expenses related to surveys 

11 and legal descriptions, boundary monumentation, environ12 mental surveys, necessary documentation, travel, and deed 

13 preparation. 

14 (2) Section 2695(c) of title 10, United States Code, 

15 shall apply to any amounts received by the Secretary as 

16 reimbursement under this subsection. 

17 (c) EXEMPTION FROM FEDERAL SCREENING.—The 

18 conveyance authorized by subsection (a) is exempt from the 

19 requirement to screen the property for other Federal use 

20 pursuant to sections 2693 and 2696 of title 10, United 

21 States Code. 

22 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

23 and legal description of the property to be conveyed under 

24 subsection (a) shall be determined by a survey satisfactory 

25 to the Secretary. The cost of the survey shall be borne by 
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1 the United States, subject to the requirement for reimburse2 ment under subsection (b). 

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions 

5 in connection with the conveyance under subsection (a) as 

6 the Secretary considers appropriate to protect the interests 

7 of the United States. 

8 PART II—NAVY CONVEYANCES 

9 SEC. 2841. TRANSFER OF JURISDICTION, NEBRASKA AVE10 NUE NAVAL COMPLEX, DISTRICT OF COLUM11 BIA. 

12 (a) TRANSFER REQUIRED.—Except as provided in 

13 subsection (b), the Secretary of the Navy shall transfer to 

14 the administrative jurisdiction of the Administrator of Gen15 eral Services the parcel of Department of the Navy real 

16 property in the District of Columbia known as the Nebraska 

17 Avenue Complex for the purpose of permitting the Adminis18 trator to use the Complex to accommodate the Department 

19 of Homeland Security. The Complex shall be transferred in 

20 its existing condition. 

21 (b) AUTHORITY TO RETAIN MILITARY FAMILY HOUS22 ING.—At the option of the Secretary of the Navy, the Sec23 retary may retain administrative jurisdiction over that 

24 portion of the Complex that, as of the date of the enactment 

25 of this Act, is being used to provide Navy family housing. 
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1 (c) TIME FOR TRANSFER.—Not later than January 1, 

2 2005, the Secretary of the Navy shall complete the transfer 

3 of administrative jurisdiction over the portion of the Com4 plex required to be transferred under subsection (a). 

5 (d) RELOCATION OF NAVY ACTIVITIES.—As part of the 

6 transfer of the Complex under subsection (a), the Secretary 

7 of the Navy shall relocate Department of the Navy activities 

8 at the Complex to other locations. 

9 (e) PAYMENT OF INITIAL RELOCATION COSTS.—Sub10 ject to the availability of appropriations for this purpose, 

11 the Secretary of the Department of Homeland Security shall 

12 be responsible for the payment of— 

13 (1) all reasonable costs, including costs to move 

14 furnishings and equipment, related to the initial relo15 cation of Department of the Navy activities from the 

16 Complex under subsection (d); and 

17 (2) all reasonable costs incident to the initial oc18 cupancy by such activities of interim leased space, in19 cluding rental costs for the first year. 

20 (f) PAYMENT OF LONG-TERM RELOCATION COSTS.— 

21 (1) SENSE OF CONGRESS REGARDING PAY22 MENT.—It is the sense of the Congress that the Sec23 retary of the Navy should receive, from Federal agen24 cies other than the Department of Defense, funds au25 thorized and appropriated for the purpose of covering 
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1 all reasonable costs, not paid under subsection (e), 

2 that are incurred or will be incurred by the Secretary 

3 to permanently relocate Department of the Navy ac4 tivities from the Complex under subsection (d). 

5 (2) SUBMISSION OF COST ESTIMATES.—As soon 

6 as practicable after the date of the enactment of this 

7 Act , the Secretary of the Navy shall submit to the 

8 Director of the Office of Management and Budget and 

9 the Congress an initial estimate of the amounts that 

10 will be necessary to cover the costs to permanently re11 locate Department of the Navy activities from the 

12 portion of the Complex to be transferred under sub13 section (a). The Secretary shall include in the esti14 mate anticipated land acquisition and construction 

15 costs. The Secretary shall revise the estimate as nec16 essary whenever information regarding the actual 

17 costs for the relocation is obtained. 

18 (g) TREATMENT OF FUNDS.—(1) Funds received by the 

19 Secretary of the Navy, from sources outside the Department 

20 of Defense, to relocate Department of the Navy activities 

21 from the Complex shall be used to pay the costs incurred 

22 by the Secretary to permanently relocate Department of the 

23 Navy activities from the Complex. A military construction 

24 project carried out using such funds is deemed to be an au25 thorized military construction project for purposes of sec-
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1 tion 2802 of title 10, United States Code. Section 2822 of 

2 such title shall continue to apply to any military family 

3 housing unit proposed to be constructed or acquired using 

4 such funds. 

5 (2) When a decision is made to carry out a military 

6 construction project using such funds, the Secretary of the 

7 Navy shall notify Congress in writing of that decision, in8 cluding the justification for the project and the current esti9 mate of the cost of the project. The project may then be car10 ried out only after the end of the 21-day period beginning 

11 on the date the notification is received by Congress or, if 

12 earlier, the end of the 14-day period beginning on the date 

13 on which a copy of the notification is provided in an elec14 tronic medium pursuant to section 480 of title 10, United 

15 States Code. 

16 (h) EFFECT OF FAILURE TO RECEIVE SUFFICIENT

17 FUNDS FOR RELOCATION COSTS.— 

18 (1) CONGRESSIONAL NOTIFICATION.—At the end 

19 of the three-year period beginning on the date of the 

20 transfer of the Complex under subsection (a), the Sec21 retary of the Navy shall submit to Congress a re22 port— 

23 (A) specifying the total amount needed to 

24 cover both the initial and permanent costs of re25 locating Department of the Navy activities from 
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1 the portion of the Complex transferred under 

2 subsection (a); 

3 (B) specifying the total amount of the ini4 tial relocation costs paid by the Secretary of the 

5 Department of Homeland Security under sub6 section (e); and 

7 (C) specifying the total amount of appro8 priated funds received by the Secretary of the 

9 Navy, from sources outside the Department of 

10 Defense, to cover the permanent relocation costs. 

11 (2) ROLE OF OMB.—The Secretary of the Navy 

12 shall obtain the assistance and concurrence of the Di13 rector of the Office of Management and Budget in de14 termining the total amount needed to cover both the 

15 initial and permanent costs of relocating Department 

16 of the Navy activities from the portion of the Complex 

17 transferred under subsection (a), as required by para18 graph (1)(A). 

19 (3) CERTIFICATION REGARDING RELOCATION

20 COSTS.—Not later than 30 days after the date on 

21 which the report under paragraph (1) is required to 

22 be submitted to Congress, the President shall certify 

23 to Congress whether the amounts specified in the re24 port pursuant to subparagraphs (B) and (C) of such 

25 paragraph are sufficient to cover both the initial and 
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1 permanent costs of relocating Department of the Navy 

2 activities from the portion of the Complex transferred 

3 under subsection (a). The President shall make this 

4 certification only after consultation with the Chair5 man and ranking minority member of the Committee 

6 on Armed Services and the Committee on Appropria7 tions of the House of Representatives and the Chair8 man and ranking minority member of the Committee 

9 on Armed Services and the Committee on Appropria10 tions of the Senate. 

11 (4) RESTORATION OF COMPLEX TO NAVY.—If the 

12 President certifies under paragraph (3) that amounts 

13 referred to in subparagraphs (B) and (C) of para14 graph (1) are insufficient to cover Navy relocation 

15 costs, the Administrator of General Services, at the re16 quest of the Secretary of the Navy, shall restore the 

17 Complex to the administrative jurisdiction of the Sec18 retary of the Navy. 

19 (5) NAVY SALE OF COMPLEX.—If administrative 

20 jurisdiction over the Complex is restored to the Sec21 retary of the Navy, the Secretary shall convey the 

22 Complex by competitive sale. Amounts received by the 

23 United States as consideration from any sale under 

24 this paragraph shall be deposited in the special ac-
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1 count in the Treasury established pursuant to section 

2 572(b) of title 40, United States Code. 

3 SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORMER 

4 FORT SHERIDAN, ILLINOIS. 

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

6 Navy may convey, without consideration, to the State of 

7 Illinois, a political subdivision of the State, or a nonprofit 

8 land conservation organization (in this section collectively 

9 referred to as the ‘‘grantee’’), all right, title, and interest 

10 of the United States in and to certain environmentally sen11 sitive land at the former Fort Sheridan, Illinois, consisting 

12 of mostly bluffs and ravines, for the purpose of ensuring 

13 the permanent protection of the lands. 

14 (b) REVERSIONARY INTEREST.—If the Secretary deter15 mines at any time that the real property conveyed under 

16 subsection (a) is not being used or maintained in accord17 ance with the purpose of the conveyance specified in such 

18 subsection, all right, title, and interest in and to all or any 

19 portion of the property shall revert, at the option of the 

20 Secretary, to the United States, and the United States shall 

21 have the right of immediate entry onto the property. Any 

22 determination of the Secretary under this subsection shall 

23 be made on the record after an opportunity for a hearing. 

24 (c) RECONVEYANCE AUTHORIZED.—The Secretary 

25 may permit the grantee to convey the real property con-
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1 veyed under subsection (a) to another eligible entity de2 scribed in such subsection, subject to the same covenants and 

3 terms and conditions as provided in the deed from the 

4 United States. 

5 (d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 

6 Secretary shall require the grantee to cover costs to be in7 curred by the Secretary, or to reimburse the Secretary for 

8 costs incurred by the Secretary, to carry out the conveyance 

9 under subsection (a), including survey costs, costs related 

10 to environmental documentation, and other administrative 

11 costs related to the conveyance. If amounts are collected 

12 from the grantee in advance of the Secretary incurring the 

13 actual costs, and the amount collected exceeds the costs actu14 ally incurred by the Secretary to carry out the conveyance, 

15 the Secretary shall refund the excess amount to the grantee. 

16 (2) Amounts received as reimbursement under para17 graph (1) shall be credited to the fund or account that was 

18 used to cover the costs incurred by the Secretary in carrying 

19 out the conveyance. Amounts so credited shall be merged 

20 with amounts in such fund or account, and shall be avail21 able for the same purposes, and subject to the same condi22 tions and limitations, as amounts in such fund or account. 

23 (e) EXEMPTION FROM FEDERAL SCREENING.—The 

24 conveyance authorized by subsection (a) is exempt from the 

25 requirement to screen the property for other Federal use 
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1 pursuant to sections 2693 and 2696 of title 10, United 

2 States Code. 

3 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

4 and legal description of the real property to be conveyed 

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. 

7 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec8 retary may require such additional terms and conditions 

9 in connection with the conveyance under subsection (a) as 

10 the Secretary considers appropriate to protect the interests 

11 of the United States. 

12 (h) USE OF ALTERNATE CONVEYANCE AUTHORITY.— 

13 In lieu of using the authority provided by this section to 

14 convey the real property described in subsection (a), the 

15 Secretary may elect to include the property in a conveyance 

16 authorized by section 2878 of title 10, United States Code, 

17 subject to such terms, reservations, restrictions, and condi18 tions as may be necessary to ensure the permanent protec19 tion of the property, if the Secretary determines that a con20 veyance under such section is advantageous to the interests 

21 of the United States. 

22 SEC. 2843. LAND EXCHANGE, NAVAL AIR STATION, PATUX23 ENT RIVER, MARYLAND. 

24 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

25 Navy may convey to the State of Maryland (in this section 
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1 referred to as ‘‘State’’), all right, title, and interest of the 

2 United States in and to a parcel of real property, including 

3 improvements thereon, consisting of approximately five 

4 acres at Naval Air Station, Patuxent River, Maryland, and 

5 containing the Point Lookout Lighthouse, other structures 

6 related to the lighthouse, and an archaeological site per7 taining to the military hospital that was located on the 

8 property during the Civil War. The conveyance shall in9 clude artifacts pertaining to the military hospital recovered 

10 by the Navy and held at the installation. 

11 (b) PROPERTY RECEIVED IN EXCHANGE.—As consid12 eration for the conveyance of the real property under sub13 section (a), the State shall convey to the United States a 

14 parcel of real property consisting of approximately five 

15 acres located in Point Lookout State Park, St. Mary’s 

16 County, Maryland. 

17 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 

18 Secretary may require the State to cover costs to be incurred 

19 by the Secretary, or to reimburse the Secretary for costs 

20 incurred by the Secretary, to carry out the conveyance 

21 under subsection (a), including survey costs, costs related 

22 to environmental documentation, relocation expenses in23 curred under subsection (b), and other administrative costs 

24 related to the conveyance. If amounts are collected from the 

25 State in advance of the Secretary incurring the actual costs, 
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1 and the amount collected exceeds the costs actually incurred 

2 by the Secretary to carry out the conveyance, the Secretary 

3 shall refund the excess amount to State. 

4 (2) Amounts received as reimbursement under para5 graph (1) shall be credited to the fund or account that was 

6 used to cover the costs incurred by the Secretary in carrying 

7 out the conveyance. Amounts so credited shall be merged 

8 with amounts in such fund or account, and shall be avail9 able for the same purposes, and subject to the same condi10 tions and limitations, as amounts in such fund or account. 

11 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

12 and legal description of the properties to be conveyed under 

13 this section shall be determined by surveys satisfactory to 

14 the Secretary. 

15 (e) EXEMPTION FROM FEDERAL SCREENING.—The 

16 conveyance authorized by subsection (a) is exempt from the 

17 requirement to screen the property for other Federal use 

18 pursuant to sections 2693 and 2696 of title 10, United 

19 States Code. 

20 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary may require such additional terms and conditions 

22 in connection with the conveyances under this section as 

23 the Secretary considers appropriate to protect the interests 

24 of the United States. 
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1 PART III—AIR FORCE CONVEYANCES 

2 SEC. 2851. LAND EXCHANGE, MAXWELL AIR FORCE BASE, 

3 ALABAMA. 

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

5 Air Force may convey to the City of Montgomery, Alabama 

6 (in this section referred to as the ‘‘City’’), all right, title, 

7 and interest of the United States in and to a parcel of real 

8 property, including improvements thereon, consisting of all 

9 of the Maxwell Heights Housing site at Maxwell Air Force 

10 Base, Alabama. 

11 (b) CONSIDERATION.—(1) As consideration for the con12 veyance of the real property under subsection (a), the City 

13 shall convey to the United States a parcel of real property, 

14 including improvements thereon, consisting of approxi15 mately 35 acres designated as project AL 6–4 that is owned 

16 by the City and is contiguous to Maxwell Air Force Base. 

17 The Secretary shall have jurisdiction over the real property 

18 received under this paragraph. 

19 (2) If the fair market value of the real property re20 ceived under paragraph (1) is less than the fair market 

21 value of the real property conveyed under subsection (a), 

22 the Secretary may require the City to make up the dif23 ference through the payment of cash, the provision of in24 kind consideration, or a combination thereof, to be deter25 mined pursuant to negotiations between the Secretary and 

26 the City. 
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1 (3) The fair market values of the real property to be 

2 exchanged under this section shall be determined by ap3 praisals acceptable to the Secretary and the City. 

4 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

5 and legal description of the property to be conveyed under 

6 this section shall be determined by surveys satisfactory to 

7 the Secretary. 

8 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions 

10 in connection with the conveyances under this section as 

11 the Secretary considers appropriate to protect the interests 

12 of the United States. 

13 DIVISION C—DEPARTMENT OF 

14 ENERGY NATIONAL SECURITY 

15 AUTHORIZATIONS AND 

16 OTHER AUTHORIZATIONS 

17 TITLE XXXI—DEPARTMENT OF 

18 ENERGY NATIONAL SECURITY 

19 PROGRAMS 

20 Subtitle A—National Security 

21 Programs Authorizations 

22 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA23 TION. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

25 hereby authorized to be appropriated to the Department of 
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1 Energy for fiscal year 2005 for the activities of the National 

2 Nuclear Security Administration in carrying out programs 

3 necessary for national security in the amount of 

4 $9,047,700,000, to be allocated as follows: 

5 (1) For weapons activities, $6,577,953,000. 

6 (2) For defense nuclear nonproliferation activi7 ties, $1,338,147,000. 

8 (3) For naval reactors, $797,900,000. 

9 (4) For the Office of the Administrator for Nu10 clear Security, $333,700,000. 

11 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

12 From funds referred to in subsection (a) that are available 

13 for carrying out plant projects, the Secretary of Energy 

14 may carry out, for weapons activities, the following new 

15 plant projects: 

16 Project 05–D–140, project engineering and de17 sign, various locations, $11,600,000. 

18 Project 05–D–160, facilities and infrastructure 

19 recapitalization program, project engineering and de20 sign, various locations, $8,700,000. 

21 Project 05–D–170, project engineering and de22 sign, safeguards and security, various locations, 

23 $17,000,000. 

24 Project 05–D–401, production bays upgrade, 

25 Pantex Plant, Amarillo, Texas, $25,100,000. 
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1 Project 05–D–402, beryllium capability project, 

2 Y–12 national security complex, Oak Ridge, Ten3 nessee, $3,627,000. 

4 Project 05–D–601, compressed air upgrades 

5 project, Y–12 national security complex, Oak Ridge, 

6 Tennessee, $4,400,000. 

7 Project 05–D–602, power grid infrastructure up8 grade, Los Alamos National Laboratory, Los Alamos, 

9 New Mexico, $10,000,000. 

10 Project 05–D–603, new master substation, 

11 Sandia National Laboratories, Albuquerque, New 

12 Mexico, $600,000. 

13 Project 05–D–701, security perimeter, Los Ala14 mos National Laboratory, Los Alamos, New Mexico, 

15 $20,000,000. 

16 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 

17 Funds are hereby authorized to be appropriated to the 

18 Department of Energy for fiscal year 2005 for environ19 mental management activities in carrying out programs 

20 necessary for national security in the amount of 

21 $6,863,307,000, to be allocated as follows: 

22 (1) For defense site acceleration completion, 

23 $5,876,837,000. 

24 (2) For defense environmental services, 

25 $986,470,000. 
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1 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

2 Funds are hereby authorized to be appropriated to the 

3 Department of Energy for fiscal year 2005 for other defense 

4 activities in carrying out programs necessary for national 

5 security in the amount of $658,618,000. 

6 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

7 Funds are hereby authorized to be appropriated to the 

8 Department of Energy for fiscal year 2005 for defense nu9 clear waste disposal for payment to the Nuclear Waste Fund 

10 established in section 302(c) of the Nuclear Waste Policy 

11 Act of 1982 (42 U.S.C. 10222(c)) in the amount of 

12 $131,000,000. 

13 Subtitle B—Program Authoriza14 tions, Restrictions, and Limita15 tions 

16 SEC. 3111. EXTENSION OF AUTHORITY FOR APPOINTMENT 

17 OF CERTAIN SCIENTIFIC, ENGINEERING, AND 

18 TECHNICAL PERSONNEL. 

19 Section 4601 of the Atomic Energy Defense Act (50 

20 U.S.C. 2701) is amended by striking ‘‘September 30, 2004’’ 

21 and inserting ‘‘September 30, 2006’’. 
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1 SEC. 3112. REQUIREMENTS FOR BASELINE OF PROJECTS 

2 UNDER FACILITIES AND INFRASTRUCTURE 

3 RECAPITALIZATION PROGRAM. 

4 Subsection (a) of section 3114 of the National Defense 

5 Authorization Act for Fiscal Year 2004 (Public Law 108- 

6 136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended— 

7 (1) in paragraph (1) by inserting ‘‘of a baseline’’ 

8 after ‘‘selection’’; and 

9 (2) by amending paragraph (2) to read as fol10 lows: 

11 ‘‘(2)(A) After December 31, 2004, a project may 

12 be added to or removed from the Facilities and Infra13 structure Recapitalization Program only after the Ad14 ministrator submits to the congressional defense com15 mittees a notice that the Administrator has identified 

16 such project for addition or removal and has ap17 proved such addition or removal as a modification to 

18 the baseline for that program. 

19 ‘‘(B) The Administrator may not obligate funds 

20 for any project added under subparagraph (A) until 

21 a period of 60 days has elapsed after the date on 

22 which such committees receive the notice under sub23 paragraph (A) with respect to that project. 

24 ‘‘(C) The authority of the Administrator to iden25 tify and approve under subparagraph (A) may not be 

26 delegated.’’. 
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1 Subtitle C—Other Matters 

2 SEC. 3131. TRANSFERS AND REPROGRAMMINGS OF NA3 TIONAL NUCLEAR SECURITY ADMINISTRA4 TION FUNDS. 

5 Section 3252 of the National Nuclear Security Admin6 istration Act (50 U.S.C. 2452) is amended by adding at 

7 the end the following new subsection: 

8 ‘‘(d) TRANSFER AND REPROGRAMMING PROCESS.—(1) 

9 The Administrator shall have sole jurisdiction within the 

10 Department of Energy to submit to Congress or the appro11 priate congressional committees a notice of, or request for, 

12 a transfer or reprogramming of funds of the Administra13 tion. 

14 ‘‘(2) The functions of the Chief Financial Officer of 

15 the Department of Energy shall not apply to a notice or 

16 request described in paragraph (1), except to certify whether 

17 the funds covered by such notice or request are available.’’. 

18 SEC. 3132. NATIONAL ACADEMY OF SCIENCES STUDY ON 

19 MANAGEMENT BY DEPARTMENT OF ENERGY 

20 OF HIGH-LEVEL RADIOACTIVE WASTE. 

21 (a) REVIEW REQUIRED.—The Secretary of Energy 

22 shall enter into an arrangement with the National Research 

23 Council of the National Academy of Sciences to carry out 

24 a study of the plans of the Department of Energy to manage 
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1 the waste streams specified in subsection (b) that are not 

2 currently planned for disposal in a high-level repository. 

3 (b) COVERED WASTE STREAMS.—The waste streams 

4 referred to in subsection (a) are the streams of high-level 

5 radioactive waste at— 

6 (1) the Savannah River Site, South Carolina; 

7 (2) the Idaho National Engineering Laboratory, 

8 Idaho; and 

9 (3) the Hanford Reservation, Washington. 

10 (c) MATTERS INCLUDED.—The study required by sub11 section (a) shall evaluate— 

12 (1) the physical, chemical, and radiological char13 acteristics of the waste referred to in subsection (b), 

14 including specifically the waste proposed to be left in15 definitely in storage tanks; 

16 (2) the probability that such waste, if left indefi17 nitely in storage tanks, will leak into the environment 

18 and the range of potential dangers such leakage would 

19 represent; 

20 (3) the plans of the Department for the disposal 

21 of the high-level radioactive waste that the Depart22 ment had planned, before certain litigation in Federal 

23 district court in 2003 on ‘‘Waste Incidental to Re24 processing’’, to reclassify as low-level waste; 
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1 (4) treatment and disposal alternatives to the 

2 plans referred to in paragraph (3), including, for 

3 each such alternative, assessments of the technology 

4 approaches and of the implications with respect to 

5 cost, worker safety, and long-term environmental and 

6 human health; 

7 (5) the adequacy of the plans referred to in sub8 section (a), including Department of Energy Order 

9 No. 435.1, to protect, for the long term, the environ10 ment and population surrounding each site referred 

11 to in subsection (b); and 

12 (6) any other matters that the National Research 

13 Council considers appropriate and directly related to 

14 the subject matter of the study. 

15 (d) RECOMMENDATIONS REQUIRED.—In carrying out 

16 the study, the National Research Council shall develop rec17 ommendations relating to the subject matter of the study. 

18 The recommendations shall include— 

19 (1) recommendations for improving the scientific 

20 basis for managing the waste covered by the study, 

21 including alternative criteria for determining what 

22 waste should be managed as ‘‘Waste Incidental to Re23 processing’’; and 
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1 (2) any other recommendations that the National 

2 Research Council considers appropriate and directly 

3 related to the subject matter of the study. 

4 (e) REPORTS.—The National Research Council shall 

5 submit to the Secretary of Energy and the congressional 

6 defense committees— 

7 (1) not later than six months after entering into 

8 the arrangement required by subsection (a), an in9 terim report on the study with respect to the waste 

10 proposed to be left indefinitely in storage tanks, in11 cluding the tentative findings, conclusions, and rec12 ommendations with respect to such waste; and 

13 (2) not later than one year after entering into 

14 the arrangement required by subsection (a), a final 

15 report on the study, including all findings, conclu16 sions, and recommendations. 

17 (f) PROVISION OF INFORMATION.—The Secretary shall 

18 make available to the National Research Council all infor19 mation that the National Research Council considers nec20 essary to carry out, in a timely manner, its responsibilities 

21 under this section. 

22 (g) FUNDING.—Of the amounts authorized to be appro23 priated to the Department of Energy by section 3102, 

24 $1,500,000 shall be available only for carrying out the study 

25 required by this section. 
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1 SEC. 3133. CONTRACT TO REVIEW WASTE ISOLATION PILOT 

2 PLANT, NEW MEXICO. 

3 The Secretary of Energy shall enter into a contract 

4 to conduct independent reviews and evaluations of the de5 sign, construction, and operations of the Waste Isolation 

6 Pilot Plant in New Mexico as they relate to the protection 

7 of the public health and safety and the environment. The 

8 contract shall be for a period of one year and shall be renew9 able for four additional one-year periods, subject to the au10 thorization and appropriation of funds for such purpose. 

11 TITLE XXXII—DEFENSE NU12 CLEAR FACILITIES SAFETY 

13 BOARD 

14 SEC. 3201. AUTHORIZATION. 

15 There are authorized to be appropriated for fiscal year 

16 2005, $21,268,000 for the operation of the Defense Nuclear 

17 Facilities Safety Board under chapter 21 of the Atomic En18 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 

19 TITLE XXXIII—NATIONAL 

20 DEFENSE STOCKPILE 

21 SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 

22 STOCKPILE FUNDS. 

23 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis24 cal year 2005, the National Defense Stockpile Manager may 

25 obligate up to $59,700,000 of the funds in the National De26 fense Stockpile Transaction Fund established under sub-
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1 section (a) of section 9 of the Strategic and Critical Mate2 rials Stock Piling Act (50 U.S.C. 98h) for the authorized 

3 uses of such funds under subsection (b)(2) of such section, 

4 including the disposal of hazardous materials that are envi5 ronmentally sensitive. 

6 (b) ADDITIONAL OBLIGATIONS.—The National Defense 

7 Stockpile Manager may obligate amounts in excess of the 

8 amount specified in subsection (a) if the National Defense 

9 Stockpile Manager notifies Congress that extraordinary or 

10 emergency conditions necessitate the additional obligations. 

11 The National Defense Stockpile Manager may make the ad12 ditional obligations described in the notification after the 

13 end of the 45-day period beginning on the date on which 

14 Congress receives the notification. 

15 (c) LIMITATIONS.—The authorities provided by this 

16 section shall be subject to such limitations as may be pro17 vided in appropriations Acts. 

18 SEC. 3302. RELAXATION OF QUANTITY RESTRICTIONS ON 

19 DISPOSAL OF MANGANESE FERRO IN NA20 TIONAL DEFENSE STOCKPILE. 

21 Section 3306(a) of the National Defense Authorization 

22 Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 

23 1391; 50 U.S.C. 98d note) is amended— 
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1 (1) in paragraph (3), by striking ‘‘each of the 

2 fiscal years 2004 and 2005’’ and inserting ‘‘fiscal 

3 year 2004’’; and 

4 (2) by adding at the end the following new para5 graph: 

6 ‘‘(4) During fiscal year 2005, 100,000 short tons 

7 of high carbon manganese ferro of the highest grade. 

8 SEC. 3303. REVISION OF EARLIER AUTHORITY TO DISPOSE 

9 OF CERTAIN MATERIALS IN NATIONAL DE10 FENSE STOCKPILE. 

11 Section 3303(a) of the Strom Thurmond National De12 fense Authorization Act for Fiscal Year 1999 (Public Law 

13 105–261; 50 U.S.C. 98d note) is amended by striking para14 graphs (4) and (5) and inserting the following new para15 graphs: 

16 ‘‘(4) $785,000,000 by the end of fiscal year 2005; 

17 and 

18 ‘‘(5) $870,000,000 by the end of fiscal year 

19 2009.’’. 

20 TITLE XXXIV—NAVAL 

21 PETROLEUM RESERVES 

22 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 hereby authorized to be appropriated to the Secretary of 

25 Energy $20,000,000 for fiscal year 2005 for the purpose of 
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1 carrying out activities under chapter 641 of title 10, United 

2 States Code, relating to the naval petroleum reserves. 

3 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

4 pursuant to the authorization of appropriations in sub5 section (a) shall remain available until expended. 

6 TITLE XXXV—MARITIME 

7 ADMINISTRATION 

8 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MAR9 ITIME ADMINISTRATION. 

10 There are authorized to be appropriated to the Sec11 retary of Transportation for the Maritime Administration 

12 for fiscal year 2005 (in lieu of amounts authorized for the 

13 same purposes by section 3511 of the National Defense Au14 thorization Act for Fiscal Year 2004)— 

15 (1) for expenses necessary for operations and 

16 training activities, $109,300,000; 

17 (2) for administrative expenses under the loan 

18 guarantee program authorized by title XI of the Mer19 chant Marine Act, 1936 (46 U.S.C. App. 1271 et 

20 seq.), $4,764,000; and 

21 (3) for ship disposal, $35,000,000, of which 

22 $2,000,000 shall be for decommissioning, removal, 

23 and disposal of the nuclear reactor and hazardous 

24 materials on board the vessel SAVANNAH. 
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1 SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR 

2 RISK INSURANCE FOR MERCHANT MARINE 

3 VESSELS. 

4 (a) EXTENSION.— Section 1214 of the Merchant Ma5 rine Act, 1936 (46 U.S.C. App. 1294), is amended by strik6 ing ‘‘June 30, 2005’’ and inserting ‘‘December 31, 2010’’. 

7 (b) INVESTMENT OF ASSETS IN INSURANCE FUND.— 

8 Section 1208(a) of such Act (46 U.S.C. App. 1288), is 

9 amended by striking the third sentence and inserting the 

10 following: ‘‘The Secretary of Transportation may request 

11 the Secretary of the Treasury to invest such portion of the 

12 Fund as is not, in the judgment of the Secretary of Trans13 portation, required to meet the current needs of the fund. 

14 Such investments shall be made by the Secretary of the 

15 Treasury in public debt securities of the United States, with 

16 maturities suitable to the needs of the fund, and bearing 

17 interest rates determined by the Secretary of the Treasury, 

18 taking into consideration current market yields on out19 standing marketable obligations of the United States of 

20 comparable maturity.’’. 

Amend the title so as to read: ‘‘A bill 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.’’. 

Union Calendar No. 278 

108TH CONGRESS 

2D SESSION H. R. 4200 

[Report No. 108–491] 

A BILL 

To authorize appropriations for fiscal year 2005 for 

cal year 2005, and for other purposes. to prescribe military personnel strengths for fismilitary activities of the Department of Defense, 

MAY 14, 2004 

Reported with amendmensts, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,