I 

108TH CONGRESS 

2D SESSION H. R. 4200

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2005’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 (a) DIVISIONS.—This Act is organized into two divi8 sions as follows: 
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1 (1) Division A—Department of Defense Au2 thorizations. 

3 (2) Division B—Military Construction Author4 izations. 

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

6 this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Table of contents. 

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—Multiyear Procurement Authorization 

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

howitzer program. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Ballistic Missile Defense 

Sec. 211. Funding for Missile Defense Agency. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Armed Forces Retirement Home. 

Sec. 304. Other Department of Defense programs. 

Subtitle B—Environmental Provisions 

Sec. 311. Payment of private cleanup costs. 

Sec. 312. Reimbursement to the Environmental Protection Agency for certain 

costs in connection with the Moses Lake, Washington Superfund site. 

Subtitle C—Workplace and Depot Issues 
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Sec. 321. Exclusion of certain expenditures from percentage limitation on contracting for performance of depot-level maintenance and repair 

workloads. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. New title for the Vice Chief of the National Guard Bureau. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

Sec. 415. Special rule for computing the high-36 month average for Reserve 

component members. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Transition of active-duty list officer force to all regular status. 

Sec. 502. Strength in grade: commissioned officers in grades below brigadier 

general or rear admiral (lower half) in an active status. 

Sec. 503. Joint duty credit required for promotion to flag or general officer. 

Sec. 504. Revised promotion policy objectives for joint officers. 

Sec. 505. Modify length of joint duty assignments. 

Sec. 506. Management of joint specialty officers. 

Sec. 507. Eliminate distribution quotas for general and flag officers serving in 

the grades of O–7 and O–8. 

Sec. 508. Eliminate mandatory retirement of active duty general and flag officers after 30 years of service. 

Sec. 509. Length of terms for the Assistants to the Chairman of the Joint 

Chiefs of Staff for National Guard and Reserve Matters. 

Sec. 510. Length of service for the senior leaders of the military departments. 

Sec. 511. Extending age limits for active duty general and flag officers. 

Sec. 512. Lateral reassignment of certain generals and admirals. 

Sec. 513. Length of service for the Chairman and Vice Chairman of the Joint 

Chiefs of Staff. 

Sec. 514. Promotion policy objectives for joint officers. 

Subtitle B—Reserve Component Management 

Sec. 521. Revised concept of inactive duty and repeal of funeral honors duty. 

Sec. 522. Authorized strengths of Navy and Marine Corps reserve flag and general officers. 

Sec. 523. Mandatory retention on active duty to qualify for retirement pay. 

Sec. 524. Amendment to the purpose of the reserve components. 

Sec. 525. Accounting and management of National Guard and reserve personnel performing active or full-time duty. 

Sec. 526. Waive requirement that reserve chiefs and National Guard directors 

must have significant joint duty experience. 

Sec. 527. Extending age limits for reserve and National Guard general and flag 

officers. 
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Sec. 528. Expanded use of reserve component members to perform developmental testing and new equipment training. 

Subtitle C—ROTC and Military Service Academies 

Sec. 531. Institutions of higher education that prevent ROTC access or military 

recruiting on campus; equal treatment with other employers. 

Sec. 532. Board of Visitors; United States Air Force Academy; United States 

Military Academy; United States Naval Academy. 

Sec. 533. Dean of the Faculty; Dean of Academic Board. 

Sec. 534. Repeal of requirement that military academy superintendents retire 

after assignment. 

Subtitle D—Other Military Education and Training Matters 

Sec. 541. Education loan repayments for health professions officers of the reserve components. 

Sec. 542. Conferral of degrees to graduates of the Community College of the 

Air Force. 

Sec. 543. Three year educational leave of absence. 

Sec. 544. Length of phase II joint professional military education. 

Sec. 545. Changing the titles of the heads of the Naval Postgraduate School. 

Sec. 546. New mission statement and expanded eligibility for enlisted personnel 

at the Naval Postgraduate School. 

Subtitle E—Administrative Matters 

Sec. 551. Annual report to Congress concerning joint officer management. 

Sec. 552. Revised definitions applicable to joint duty. 

Subtitle F—Military Justice Matters 

Sec. 561. Waive time lost when a member is acquitted, released without trial, 

or has his conviction set-aside or reversed on appeal. 

Sec. 562. Change in Uniform Code of Military Justice relating to blood alcohol 

concentration.

Subtitle G—Benefits 

Sec. 571. Immediate lump sum reimbursement for unusual nonrecurring expenses outside the continental United States. 

Sec. 572. Repeal of requirement to pay subsistence charges while hospitalized. 

Subtitle H—Other Matters 

Sec. 581. Alternate initial military service obligation for persons with specialized skills. 

Sec. 582. Basic training requirement for certain members with specialized 

skills. 

Sec. 583. Eliminate mandatory terms of office for certain general and flag staff 

officers. 

Sec. 584. Prohibit court-ordered payments before retirement based on imputation of retired pay. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 
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Sec. 601. Termination of assignment incentive pay for members on terminal 

leave. 

Sec. 602. More flexible retirement rules for military officers. 

Sec. 603. More flexible computation of retired pay for officers and senior enlisted members. 

Sec. 604. Eliminate retired pay limit applicable to general and flag officers. 

Sec. 605. Grant basic allowance for housing waivers for 12 months or less on 

permanent change of station assignments that are principally 

for education or training. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pays for reserve 

forces. 

Sec. 612. Bonus for officers to serve in the Selected Reserve in a critical skill 

or manpower shortage. 

Sec. 613. Critical skills retention bonus; eligibility of members serving on indefinite reenlistment. 

Sec. 614. Foreign language proficiency pay. 

Sec. 615. Repayment of unearned portions of bonuses, special pays, and educational benefits. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Lodging costs incurred in connection with student dependent travel. 

Sec. 622. Expanded travel and transportation allowances for family members to 

attend burial ceremonies. 

Subtitle D—Other Matters 

Sec. 631. Accumulation of annual leave by intelligence senior level employees. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Exemption of nonappropriated fund health benefits program from 

non-federal laws, taxes, and mandates. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Defense acquisition workforce changes. 

Sec. 802. Delegation to the Defense Contract Management Agency to make determinations concerning restructuring costs. 

Sec. 803. Disposal of excess and obsolete materials contained in the national 

defense stockpile. 

Sec. 804. Privatization of military utilities located on non-federal land. 

Sec. 805. Repeal of redundant limitations on the procurement of totally enclosed lifeboats. 

Sec. 806. Demonstration programs using design-build contracts. 

Sec. 807. Two-year extension of laboratory revitalization demonstration program. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 
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Sec. 821. Pilot authority for follow-on production agreements relating to certain 

prototype projects. 

Sec. 822. Charging of fees for logistical data. 

Sec. 823. Sale and exchange of missile propellants and electricity. 

Sec. 824. Pilot program to contract with local governments for services. 

Sec. 825. Procurement of ball and roller bearings. 

Sec. 826. Increased threshold for awarding contracts under other than competitive procedures. 

Sec. 827. Increased threshold for requiring contractors to provide specified employee information to cooperative agreement holders. 

Sec. 828. Limitation on task and delivery order contracts. 

Subtitle C—Acquisition-Related Reports and Other Matters 

Sec. 841. Streamlining real property transactions. 

Sec. 842. Repeal of annual reporting requirement concerning management of 

depot employees. 

Sec. 843. Simplification of annual reporting requirements concerning funds expended for depot maintenance and repair workloads. 

Sec. 844. Provisions relating to real property. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Duties and Functions of Department of Defense Officers 

Sec. 901. Transfer of responsibility for the assembled chemical weapons alternatives program. 

Sec. 902. Expanded eligibility to serve as the Deputy Chief of Naval Operations 

and Assistant Chief of Naval Operations. 

Sec. 903. Repeal of required periodic Inspector General audits of undefinitized 

contractual actions. 

Sec. 904. Repeal of mandatory Inspector General review of advisory and assistance services contract waivers. 

Sec. 905. Chain of succession for the Chief, National Guard Bureau. 

Subtitle B—Reports 

Sec. 911. Repeal of reporting requirement concerning the Cooperative Threat 

Reduction Program. 

Sec. 912. Repeal of annual reporting requirement concerning threat posed by 

weapons of mass destruction, ballistic missiles, and cruise missiles. 

Subtitle C—Other Matters 

Sec. 921. Manpower and budget issues in the Defense Prisoner of War/Missing 

Personnel Office. 

Sec. 922. Three-year extension of mentor-protege program. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Capture of all expired funds from the military personnel and operation and maintenance appropriations accounts for use in the 

foreign currency fluctuations account. 
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Sec. 1002. Reimbursement for use of personal cellular telephones when used for 

official government business. 

Sec. 1003. Purchase of promotional items of nominal value for recruitment purposes. 

Sec. 1004. Microclaim waiver authority. 

Subtitle B—Naval Vessels and Shipyards 

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

Sec. 1012. Award contracts for ship dismantling on net cost basis. 

Subtitle C—Counterdrug Activities 

Sec. 1021. Use of two-year extension of counterdrug funds for counterterrorism 

in Colombia. 

Subtitle D—Other Department of Defense Provisions 

Sec. 1031. Control and supervision of transportation within the Department of 

Defense. 

Subtitle E—Other Matters 

Sec. 1041. Repeal of prohibition on contracts for performance of security-guard 

functions. 

Sec. 1042. Establishment of auxiliaries within the military departments. 

Sec. 1043. National Defense Heritage Foundation. 

Sec. 1044. Conforming amendments to general definitions. 

Sec. 1045. Use of Department of Defense fitness facilities by contract workers. 

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL 

Sec. 1101. Priority placement of displaced civilian employees. 

Sec. 1102. Employment preference for spouses of civilian employees. 

Sec. 1103. Pay parity for civilian intelligence personnel. 

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

Sec. 1105. Prohibit unauthorized wearing, manufacture, or sale of civilian medals or decorations. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

Subtitle A—Matters Related to Arms Control and Monitoring

Sec. 1201. Humanitarian assistance with respect to the detection and clearance 

of landmines and explosive remnants of war. 

Subtitle B—Matters Related to Allies and Friendly Foreign Nations 

Sec. 1211. Improving airspace control and management in the Caucasus and 

Central Asia. 

Sec. 1212. George C. Marshall European Center for Security Studies. 

Subtitle C—Other Matters 

Sec. 1221. Repeal of the annual reporting requirement concerning the activities 

of Chinese military companies operating in the United States. 

Sec. 1222. Repeal of reporting requirement concerning special operations forces 

training with friendly foreign forces. 
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Sec. 1223. Foreign military AIDS advocacy, awareness, and prevention activities. 

Sec. 1224. Repeal of the authorization for the establishment of the Center for 

the Study of Chinese Military Affairs. 

Sec. 1225. Use of donated property for humanitarian assistance purposes. 

Sec. 1226. Assignment of foreign Navy personnel to submarine safety research 

and development programs. 

TITLE XIII—HOMELAND SECURITY 

Sec. 1301. Repeal of funding restrictions concerning development of medical 

countermeasures against biological warfare threats. 

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. 

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—CHEMICAL DEMILITARIZATION CONSTRUCTION, 

DEFENSE 

Sec. 2601. Authorized Chemical Demilitarization construction and land acquisition projects. 

Sec. 2602. Authorization of appropriations, Chemical Demilitarization Construction. 
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TITLE XXVII—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2701. Authorized Guard and Reserve construction and land acquisition 

projects. 

TITLE XXVIII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

Sec. 2801. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2802. Extension of authorizations of certain fiscal year 2002 projects. 

Sec. 2803. Extension of authorizations of certain fiscal year 2001 projects. 

TITLE XXIX—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2901. Alternative authority for acquisition and improvement of military 

housing. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2911. Establishment of Museum Center of the National Museum of the 

United States Army. 

Sec. 2912. Exchange or sale of reserve component facilities in return for replacement facilities. 

Subtitle C—Other Matters 

Sec. 2921. Minor military construction to improve force protection.

1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. ARMY. 

7 Funds are hereby authorized to be appropriated for 

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

9 (1) For aircraft, $2,658,241,000. 

10 (2) For missiles, $1,398,321,000. 

11 (3) For weapons and tracked combat vehicles, 

12 $1,639,695,000. 
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1 (4) For ammunition, $1,556,902,000. 

2 (5) For other procurement, $4,240,896,000. 

3 SEC. 102. NAVY AND MARINE CORPS. 

4 (a) NAVY.—Funds are hereby authorized to be appro5 priated for fiscal year 2005 for procurement for the Navy 

6 as follows: 

7 (1) For aircraft, $8,767,867,000. 

8 (2) For weapons, including missiles and tor9 pedoes, $2,101,529,000. 

10 (3) For shipbuilding and conversion, 

11 $9,962,027,000. 

12 (4) For other procurement, $4,834,278,000. 

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

14 be appropriated for fiscal year 2005 for procurement for 

15 the Marine Corps in the amount of $1,190,103,000. 

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

17 are hereby authorized to be appropriated for fiscal year 

18 2005 for procurement of ammunition for the Navy and 

19 Marine Corps in the amount of $858,640,000. 

20 SEC. 103. AIR FORCE. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2005 for procurement for the Air Force as fol23 lows: 

24 (1) For aircraft, $13,163,174,000. 

25 (2) For missiles, $4,718,313,000. 
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1 (3) For procurement of ammunition, 

2 $1,396,457,000. 

3 (4) For other procurement, $13,283,557,000. 

4 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2005 for Defense-wide procurement in the 

7 amount of $2,883,302,000. 

8 Subtitle B—Multiyear Procurement 

9 Authorization 

10 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE 

11 LIGHT WEIGHT 155 MILLIMETER HOWITZER 

12 PROGRAM. 

13 The Secretary of the Navy may, in accordance with 

14 section 2306b of title 10, United States Code, enter into 

15 a multiyear contract, beginning with the fiscal year 2005 

16 program year, for procurement of the light weight 155 

17 millimeter howitzer. 
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

7 Funds are hereby authorized to be appropriated for 

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

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

10 (1) For the Army, $9,266,258,000. 

11 (2) For the Navy, $16,346,391,000. 

12 (3) For the Air Force, $21,114,667,000. 

13 (4) For Defense-wide activities, 

14 $21,044,972,000, of which $305,135,000 is author15 ized for the Director of Operational Test and Eval16 uation. 

17 Subtitle B—Ballistic Missile 

18 Defense

19 SEC. 211. FUNDING FOR MISSILE DEFENSE AGENCY. 

20 (a) Funds appropriated under the heading ‘‘Re21 search, Development, Test and Evaluation, Defense22 Wide’’ for the Missile Defense Agency may, upon approval 

23 by the Secretary of Defense, be used for the development 

24 and fielding of ballistic missile defense capabilities. 
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1 (b) This section shall be effective for fiscal years after 

2 Fiscal Year 2004. 

3 TITLE III—OPERATION AND 

4 MAINTENANCE 

5 Subtitle A—Authorization of 

6 Appropriations 

7 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

8 Funds are hereby authorized to be appropriated for 

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

10 activities and agencies of the Department of Defense for 

11 expenses, not otherwise provided for, for operation and 

12 maintenance, in amounts as follows: 

13 (1) For the Army, $26,133,411,000. 

14 (2) For the Navy, $29,789,190,000. 

15 (3) For the Marine Corps, $3,632,115,000. 

16 (4) For the Air Force, $28,471,260,000. 

17 (5) For the Defense-wide activities, 

18 $17,494,076,000. 

19 (6) For the Army Reserve, $2,008,128,000. 

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

21 (8) For the Marine Corps Reserve, 

22 $188,696,000. 

23 (9) For the Air Force Reserve, $2,239,790,000. 

24 (10) For the Army National Guard, 

25 $4,440,686,000. 
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1 (11) For the Air National Guard, 

2 $4,422,838,000. 

3 (12) For the United States Court of Appeals 

4 for 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 Overseas Contingency Operations 

20 Transfer Fund, $30,000,000. 

21 SEC. 302. WORKING CAPITAL FUNDS. 

22 Funds are hereby authorized to be appropriated for 

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

24 activities and agencies of the Department of Defense for 
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1 providing capital for working capital and revolving funds 

2 in amounts as follows: 

3 (1) For the Defense Working Capital Funds, 

4 $1,685,886,000. 

5 (2) For the National Defense Sealift Fund, 

6 $1,269,252,000. 

7 SEC. 303. ARMED FORCES RETIREMENT HOME. 

8 There is hereby authorized to be appropriated for fis9 cal year 2005 from the Armed Forces Retirement Home 

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

11 the Armed Forces Retirement Home. 

12 SEC. 304. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

13 (a) DEFENSE HEALTH PROGRAM.—Funds are here14 by authorized to be appropriated for the Department of 

15 Defense for fiscal year 2005 for expenses, not otherwise 

16 provided for, for the Defense Health Program, 

17 $17,640,411,000, of which—

18 (1) $17,203,369,000 is for Operation and 

19 Maintenance; 

20 (2) $72,407,000 is for Research, Development, 

21 Test, and Evaluation; and 

22 (3) $364,635,000 is for Procurement. 

23 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC24 TION.—(1) Funds are hereby authorized to be appro25 priated for the Department of Defense for fiscal year 2005 
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1 for expenses, not otherwise provided for, for Chemical 

2 Agents and Munitions Destruction, $1,371,990,000, of 

3 which—

4 (A) $1,138,801,000 is for Operation and Main5 tenance; 

6 (B) $154,209,000 is for Research, Develop7 ment, Test, and Evaluation; and 

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

9 (2) Amounts authorized to be appropriated under 

10 paragraph (1) are authorized for—

11 (A) the destruction of lethal chemical agents 

12 and munitions in accordance with section 1412 of 

13 the Department of Defense Authorization Act, 1986 

14 (50 U.S.C. 1521); and 

15 (B) the destruction of chemical warfare mate16 riel of the United States that is not covered by sec17 tion 1412 of such Act. 

18 (c) DRUG INTERDICTION AND COUNTER-DRUG AC19 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

20 to be appropriated for the Department of Defense for fis21 cal year 2005 for expenses, not otherwise provided for, for 

22 Drug Interdiction and Counter-Drug Activities, Defense23 wide, $852,697,000. 

24 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

25 hereby authorized to be appropriated for the Department 
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1 of Defense for fiscal year 2005 for expenses, not otherwise 

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

3 the Department of Defense, $244,562,000, of which—

4 (1) $242,362,000 is for Operation and Mainte5 nance; 

6 (2) $100,000 is for Research, Development, 

7 Test, and Evaluation; and 

8 (3) $2,100,000 is for Procurement. 

9 Subtitle B—Environmental 

10 Provisions 

11 SEC. 311. PAYMENT OF PRIVATE CLEANUP COSTS. 

12 (a) AUTHORITY TO PAY FOR SERVICES.—Section 

13 2701(d) of title 10, United States Code, is amended—

14 (1) in paragraph (1), by striking ‘‘tribe,’’ both 

15 places it appears and inserting ‘‘tribe, owner of cov16 enant property,’’; and 

17 (2) in paragraph (4), by adding at the end the 

18 following new subparagraph: 

19 ‘‘(C) The term ‘owner of covenant property’ 

20 means an owner of property subject to a covenant 

21 provided by the United States in accordance with 

22 the requirements of section 120(h)(3)(A)(ii)(II) of 

23 CERCLA: Provided, however, That the covenant 

24 property also is the site of the services to be per25 formed.’’. 
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1 (b) SOURCE OF FUNDS FOR COVENANT PROP2 ERTY.—Section 2703 of such title is amended—

3 (1) in subsection (g)(1), by striking ‘‘The’’ and 

4 inserting ‘‘Except as provided in subsection (h), 

5 the’’; and 

6 (2) by adding at the end the following new sub7 section: 

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

9 REMEDIATION SERVICES AT BASE REALIGNMENT AND

10 CLOSURE SITES.—In the case of property disposed of in 

11 accordance with a base closure law, the sole source of 

12 funds for services obtained under section 2701(d)(1) of 

13 this title shall be the applicable base closure account estab14 lished under such base closure law.’’.

15 SEC. 312. REIMBURSEMENT TO THE ENVIRONMENTAL PRO16 TECTION AGENCY FOR CERTAIN COSTS IN 

17 CONNECTION WITH THE MOSES LAKE, WASH18 INGTON SUPERFUND SITE. 

19 (a) AUTHORITY.—Using funds described in sub20 section (b), the Secretary of Defense may transfer not 

21 more than $524,926.54 to the Moses Lake Wellfield 

22 Superfund Site 10–6J Special Account. This payment is 

23 to reimburse the United States Environmental Protection 

24 Agency for its costs including interest incurred in over25 seeing a remedial investigation/feasibility study performed 
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1 by the Department of the Army under the Defense Envi2 ronmental Restoration Program at the former Larson Air 

3 Force Base, Moses Lake Superfund Site, Moses Lake, 

4 Washington. Such reimbursement is provided for in the 

5 Interagency Agreement entered into by the Department 

6 of the Army and the Environmental Protection Agency for 

7 the Moses Lake Site, in March, 1999. 

8 (b) SOURCE OF FUNDS.—Any payment under sub9 section (a) shall be made using funds authorized to be ap10 propriated by paragraph 18 of section 301 of this act for 

11 Environmental Restoration, Formerly Used Defense Sites. 

12 EPA shall retain and use the transferred amount to pay 

13 for costs the Agency has incurred or will incur at the 

14 Moses Lake Wellfield Superfund site. 

15 Subtitle C—Workplace and Depot 

16 Issues 

17 SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM 

18 PERCENTAGE –LIMITATION ON CON19 TRACTING FOR PERFORMANCE OF DEPOT20 LEVEL MAINTENANCE AND REPAIR WORK21 LOADS. 

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

23 is amended by striking ‘‘under any contract entered into 

24 during fiscal years 2003 through 2006’’. 
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1 TITLE IV—MILITARY 

2 PERSONNEL AUTHORIZATIONS 

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2005, as follows: 

7 (1) The Army, 482,400. 

8 (2) The Navy, 365,900. 

9 (3) The Marine Corps, 175,000. 

10 (4) The Air Force, 359,700. 

11 SEC. 402. NEW TITLE FOR THE VICE CHIEF OF THE NA12 TIONAL GUARD BUREAU. 

13 (a) IN GENERAL.—Section 10505 of title 10, United 

14 States Code, is amended by striking ‘‘Vice Chief of the 

15 National Guard Bureau’’ each place it appears and insert16 ing ‘‘Director of the Joint Staff of the National Guard 

17 Bureau’’. 

18 (b) CLERICAL AMENDMENTS.—(1) The heading of 

19 such section is amended by striking ‘‘Vice Chief of the 

20 National Guard Bureau’’ and inserting ‘‘Director 

21 of the Joint Staff of the National Guard Bu22 reau’’. 

23 (2) The item relating to such section in the table of 

24 sections at the beginning of chapter 1011 of such title is 

25 amended by striking ‘‘Vice Chief of the National Guard 
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1 Bureau’’ and inserting ‘‘Director of the Joint Staff of the 

2 National Guard Bureau’’. 

3 Subtitle B—Reserve Forces 

4 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

6 strengths for Selected Reserve personnel of the reserve 

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

8 (1) The Army National Guard of the United 

9 States, 350,000. 

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

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

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

13 (5) The Air National Guard of the United 

14 States, 106,800. 

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

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

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

18 subsection (a) for the Selected Reserve of any reserve com19 ponent shall be proportionately reduced by—

20 (1) the total authorized strength of units orga21 nized to serve as units of the Selected Reserve of 

22 such component which are on active duty (other 

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

24 (2) the total number of individual members not 

25 in units organized to serve as units of the Selected 
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1 Reserve of such component who are on active duty 

2 (other than for training or for unsatisfactory partici3 pation in training) without their consent at the end 

4 of the fiscal year. 

5 Whenever such units or such individual members are re6 leased from active duty during any fiscal year, the end 

7 strength prescribed for such fiscal year for the Selected 

8 Reserve of such reserve component shall be increased pro9 portionately by the total authorized strengths of such 

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

11 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

12 DUTY IN SUPPORT OF THE RESERVES. 

13 Within the end strengths prescribed in section 

14 411(a), the reserve components of the Armed Forces are 

15 authorized, as of September 30, 2005, the following num16 ber of Reserves to be serving on full-time active duty or 

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

18 Guard, for the purpose of organizing, administering, re19 cruiting, instructing, or training the reserve components: 

20 (1) The Army National Guard of the United 

21 States, 26,476. 

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

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

24 (4) The Marine Corps Reserve, 2,261. 
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1 (5) The Air National Guard of the United 

2 States, 12,225. 

3 (6) The Air Force Reserve, 1,900. 

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

5 (DUAL STATUS). 

6 The minimum number of military technicians (dual 

7 status) as of the last day of fiscal year 2005 for the re8 serve components of the Army and the Air Force (notwith9 standing section 129 of title 10, United States Code) shall 

10 be the following: 

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

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

13 States, 25,076. 

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

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

16 States, 22,956. 

17 SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF 

18 NON-DUAL STATUS TECHNICIANS. 

19 (a) LIMITATIONS.—(1) Within the limitation pro20 vided in section 10217(c)(2) of title 10, United States 

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

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

23 not exceed the following: 

24 (A) For the Army National Guard of the 

25 United States, 1,600. 
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1 (B) For the Air National Guard of the United 

2 States, 350. 

3 (2) The number of non-dual status technicians em4 ployed by the Army Reserve as of September 30, 2005, 

5 may not exceed 795. 

6 (3) The number of non-dual status technicians em7 ployed by the Air Force Reserve as of September 30, 

8 2005, may not exceed 90. 

9 (b) NON 09 DUAL STATUS TECHNICIANS DE10 FINED.—In this section, the term ‘‘non-dual status techni11 cian’’ has the meaning given that term in section 10217(a) 

12 of title 10, United States Code. 

13 SEC. 415. SPECIAL RULE FOR COMPUTING THE HIGH 0936 

14 MONTH AVERAGE FOR RESERVE COMPO15 NENT MEMBERS. 

16 (a) COMPUTATION OF HIGH 36 09 MONTH AVER17 AGE.—Subsection (c) of section 1407 of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new paragraph: 

20 ‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT MEM21 BERS—

22 ‘‘(A) HIGH 0936 MONTH AVERAGE FOR DIS23 ABILITY RETIRED PAY.—The high-three average of a 

24 Reserve component member entitled to retired pay 

25 under section 1201 or 1202 of this title, or a spouse 
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1 of a Reserve component member entitled to a sur2 vivor benefit plan annuity under section 

3 1448(d)(1)(B) of this title, is the amount equal to—

4 ‘‘(i) the total amount of monthly basic pay 

5 to which the member was entitled during the 

6 member’s high-36 months (or to which the 

7 member would have been entitled if the member 

8 had served on active duty during the entire pe9 riod of the member’s high-36 months), divided 

10 by 

11 ‘‘(ii) 36. 

12 ‘‘(B) SHORT 09 TERM DISABILITY RETIRED

13 PAY.—Notwithstanding subparagraph (A), the high14 three average of a Reserve component member with 

15 less than 36 months who is entitled to retired pay 

16 under section 1201 or 1202 of this title, or a spouse 

17 of a Reserve component member entitled to a sur18 vivor benefit plan annuity under section 

19 1448(d)(1)(B) of this title, is the amount equal to—

20 ‘‘(i) the total amount of monthly basic pay 

21 to which the member was entitled during the 

22 entire period the member was a member of a 

23 uniformed service before being so retired (or to 

24 which the member would have been entitled if 

25 the member had served on active duty during 
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1 the entire period the member was a member of 

2 a uniformed service before being so retired), di3 vided by 

4 ‘‘(ii) the number of months (including any 

5 fraction thereof) during which the member was 

6 a member before so retiring.’’. 

7 (b) EFFECTIVE DATE.—For purposes of determining 

8 the annuity for the spouse of a member who died while 

9 on active duty, the amendments made by this section shall 

10 take effect as of September 10, 2001. 

11 TITLE V—MILITARY PERSONNEL 

12 POLICY 

13 Subtitle A—Officer Personnel 

14 Policy 

15 SEC. 501. TRANSITION OF ACTIVE 09DUTY LIST OFFICER 

16 FORCE TO ALL REGULAR STATUS. 

17 (a) ELIMINATE REQUIREMENT THAT ALL ACTIVE

18 DUTY OFFICERS SERVE IN A RESERVE STATUS FOR AT

19 LEAST ONE YEAR.—Section 532 of title 10, United States 

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

21 (b) AMEND THE QUALIFICATIONS FOR ORIGINAL AP22 POINTMENT AS A COMMISSIONED OFFICER.—Section 532 

23 is further amended—

24 (1) in subsection (a)—

25 (A) by striking paragraph (2); and 
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1 (B) by redesignating paragraphs (3), (4), 

2 and (5) as paragraphs (2), (3), and (4), respec3 tively; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(f) The Secretary of Defense may waive the require7 ment of subsection (a)(1) with respect to an alien lawfully 

8 admitted to permanent residence when the Secretary de9 termines that the national security so requires.’’. 

10 (c) ELIMINATE LIMITATIONS PLACED ON TOTAL

11 STRENGTH OF REGULAR COMMISSIONED OFFICERS

12 SERVING ON THE ACTIVE-DUTY LIST.—Section 522 of 

13 such title is repealed. 

14 (d) ELIMINATE SENATE CONFIRMATION FOR ORIGI15 NAL APPOINTMENTS OF COMMISSIONED OFFICERS.—Sec16 tion 531(a) of such title is amended to read as follows: 

17 ‘‘(a) Original appointments in the grades of second 

18 lieutenant through captain in the Regular Army, Regular 

19 Air Force, and Regular Marine Corps and in the grades 

20 of ensign through lieutenant in the Regular Navy shall 

21 be made by the President. The President may delegate 

22 this authority to the Secretary of Defense. Original ap23 pointments in the grades of major, lieutenant colonel and 

24 colonel in the Regular Army, Regular Air Force, and Reg25 ular Marine Corps and in the grades of lieutenant com-
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1 mander, commander and captain in the Regular Navy 

2 shall be made by the President, by and with the advice 

3 and consent of the Senate.’’. 

4 (e) FORCE SHAPING AUTHORITY.—(1) Chapter 36 of 

5 such title is amended by adding after section 646 the fol6 lowing new section: 

7 ‘‘§ 647. Force shaping authority 

8 ‘‘(a) IN GENERAL.—Under regulations prescribed by 

9 the Secretary concerned, for force shaping purposes only, 

10 the Secretary may discharge or transfer an officer on the 

11 active-duty list to the reserve active-status list, who: 

12 ‘‘(1) has 7 years or less of commissioned serv13 ice; or 

14 ‘‘(2) has more than 7 years commissioned serv15 ice, but has not completed his minimum service obli16 gation. 

17 ‘‘(b) DEFINITION.—In this section, the term ‘min18 imum service obligation’ means—

19 ‘‘(1) the initial period of required active duty 

20 service; and 

21 ‘‘(2) any additional period of required active 

22 duty service incurred during the initial period of re23 quired active duty service.’’. 

24 (f) ELIGIBILITY FOR SEPARATION PAY UPON INVOL25 UNTARY DISCHARGE.—Section 1174(e)(2)(B) of such title 
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1 is amended by inserting after ‘‘service’’ the following: ‘‘, 

2 except under conditions as described in section 647 of this 

3 title’’. 

4 (g) ELIMINATE REQUIREMENT FOR OATH UPON

5 TRANSITION FROM ACTIVE COMPONENT TO RESERVE

6 COMPONENT.—Section 12201(a) of such title is amended 

7 by inserting after the first sentence the following new sen8 tence: ‘‘An officer who transfers from the active-duty list 

9 to the reserve active-status list is not required to subscribe 

10 to the oath prescribed by section 3331 of title 5.’’. 

11 (h) AUTHORITY TO APPOINT RESERVE OFFICERS

12 TRANSFERRED FROM THE ACTIVE-DUTY LIST TO THE

13 RESERVE ACTIVE-STATUS LIST.—Section 12203 of such 

14 title is amended—

15 (1) by redesignating subsection (b) as sub16 section (c); and 

17 (2) by inserting after subsection (a) the fol18 lowing new subsection (b): 

19 ‘‘(b) Notwithstanding the requirements of subsection 

20 (a), appointments of officers transferred from the active21 duty list to the reserve active-status list shall be made by 

22 the Secretary concerned.’’. 

23 (i) TRANSFER OF OFFICERS FROM THE RESERVE

24 ACTIVE-STATUS LIST TO THE ACTIVE-DUTY LIST.—Sec-
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1 tion 531 of such title is amended by adding at the end 

2 the following new subsection: 

3 ‘‘(c) Appointments in the Regular Army, Regular Air 

4 Force, Regular Navy and Regular Marine Corps of officers 

5 holding Reserve commissions may be made by the Sec6 retary concerned.’’. 

7 (j) EXEMPT READY RESERVE OFFICERS FROM THE

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

9 amended to read as follows: 

10 ‘‘(F) ordered to active duty under sections 

11 12302 and 12304 of this title;’’. 

12 (k) DELETION OF REQUIREMENT TO SERVE 6 

13 YEARS IN THE RESERVE COMPONENT TO MEET RETIRE14 MENT ELIGIBILITY.—Section 12731(a) of such title is 

15 amended—

16 (1) by inserting ‘‘and’’ at the end of paragraph 

17 (2); 

18 (2) by striking paragraph (3); and 

19 (3) by redesignating paragraph (4) as para20 graph (3). 

21 (l) ALL REGULAR OFFICER APPOINTMENTS FOR

22 STUDENTS ATTENDING THE UNIVERSITY OF HEALTH

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

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

25 shall serve on active duty in pay grade O–1 with full pay 
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1 and allowances of that grade. Upon graduation they shall 

2 be appointed in a regular component, if qualified, unless 

3 they are covered by section 2115 of this title.’’ and insert4 ing ‘‘Notwithstanding any other provision of law, they 

5 shall be appointed in the regular component and shall 

6 serve on active duty as an O–1 with full pay and allow7 ances of that grade. Upon graduation they shall be re8 quired to serve on active duty unless covered by section 

9 2115 of this title.’’. 

10 (m) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect six months after the date of 

12 enactment of this Act. 

13 SEC. 502. STRENGTH IN GRADE: COMMISSIONED OFFICERS 

14 IN GRADES BELOW BRIGADIER GENERAL OR 

15 REAR ADMIRAL (LOWER HALF) IN AN ACTIVE 

16 STATUS.

17 Section 12005(c)(1), of title 10, United States Code, 

18 is amended by amending the table to read as follows:

‘‘Colonel– .................................................................................. 2 percent

Lieutenant colonel– ................................................................... 8 percent

Major– ...................................................................................... 16 percent

Captain– ................................................................................... 39 percent

First lieutenant and second lieutenant (when combined with 

the number authorized for general officer grades under section 12004 of this title)– ...................................................... 35 percent.’’.

19 SEC. 503. JOINT DUTY CREDIT REQUIRED FOR PROMOTION 

20 TO FLAG OR GENERAL OFFICER. 

21 Section 619a(b) of title 10, United States Code, is 

22 amended—
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1 (1) in paragraph (2), by striking ‘‘scientific and 

2 technical’’ and inserting ‘‘a career field specialty’’; 

3 and 

4 (2) in paragraph (4), by striking ‘‘if—’’ and all 

5 that follows and inserting ‘‘if the officer’s total con6 secutive service in joint duty assignments within 

7 that immediate organization meets the requirements 

8 of section 664 of this title for full joint duty credit.’’. 

9 SEC. 504. REVISED PROMOTION POLICY OBJECTIVES FOR 

10 JOINT OFFICERS. 

11 (a) IN GENERAL.—Section 662(a) of title 10, United 

12 States Code, is amended to read as follows: 

13 ‘‘(a) QUALIFICATIONS.—(1) The military depart14 ments shall establish internal procedures and processes 

15 necessary to validate the qualifications of active duty list 

16 officers assigned to joint duty activities, as defined in sec17 tion 668 of this title. These internal measures will ensure 

18 an adequate number of senior colonels, or in the case of 

19 the Navy, captains, are eligible for promotion to brigadier 

20 general and rear admiral (lower half) to meet the require21 ments of section 619a of this title. 

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

23 qualifications of officers assigned to joint duty assign24 ments are such that—
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1 ‘‘(A) officers who are serving on or have served 

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

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

4 than the rate for officers of the same armed force 

5 in the same grade and competitive category who are 

6 serving on the headquarters staff of their armed 

7 force; and 

8 ‘‘(B) officers (other than officers in subpara9 graph (A)) who are serving in or have served in joint 

10 duty assignments are expected, as a group, to be 

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

12 than the rate for all officers of the same armed force 

13 in the same grade and competitive category. 

14 ‘‘(3) The Secretary of Defense will develop policies 

15 to ensure Secretaries of the military departments provide 

16 appropriate consideration to joint service officers eligible 

17 for promotion selection boards.’’. 

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

19 such section is amended by striking ‘‘(1), (2), and (3)’’ 

20 and inserting ‘‘(1)(A) and (1)(B)’’. 

21 SEC. 505. MODIFY LENGTH OF JOINT DUTY ASSIGNMENTS. 

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

23 amended to read as follows: 
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1 ‘‘§ 664. Length of joint duty assignments 

2 ‘‘(a) LENGTH OF JOINT DUTY ASSIGNMENTS.—In 

3 the case of officers serving in a grade not less than Major, 

4 or, in the case of the Navy, Lieutenant Commander, the 

5 length of a joint duty assignment will mirror the standard 

6 tour length the Secretary of Defense establishes for each 

7 installation or location authorized for joint duty assign8 ments as specified in section 668 of this title. Joint duty 

9 credit is awarded as provided by subsection (c). Duty at 

10 a qualified joint task force headquarters requires one year 

11 of total service credited in the manner specified in sub12 section (c). 

13 ‘‘(b) EXCLUSIONS FROM TOUR LENGTH.—The Sec14 retary of a military department may request that the joint 

15 activity to which an officer is assigned curtail the officer’s 

16 joint assignment. The officer will receive full credit for 

17 service when an assignment was curtailed from the stand18 ards prescribed in subsection (a), provided the officer has 

19 served at least 24 months in a joint position with a tour 

20 length of greater than 24 months, or the full term of a 

21 Secretary of Defense-established tour length, and the joint 

22 activity agreed to the curtailment. 

23 ‘‘(c) FULL CREDIT FOR JOINT DUTY.—An officer 

24 shall be considered to have completed a full tour of joint 

25 duty in a joint duty assignment for the purposes of award26 ing full credit upon the completion of any of the following: 
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1 ‘‘(1) A joint duty assignment that meets the 

2 standards prescribed in subsection (a) or (b). 

3 ‘‘(2) Accumulation of partial credit totaling one 

4 year of service earned by service in one or more joint 

5 task force headquarters as specified in subsection 

6 (a). 

7 ‘‘(3) A joint duty assignment with respect to 

8 which the Secretary of Defense has granted a waiver 

9 under subsection (d). 

10 ‘‘(4) A second joint duty assignment that is less 

11 than 24 months, without regard to the nature of 

12 credit awarded to the officer for his or her first as13 signment in a Joint Duty Assignment List position. 

14 ‘‘(d) WAIVER AUTHORITY.—The Secretary of De15 fense may waive this section when it is considered essential 

16 for military personnel management. The Secretary may 

17 grant such a waiver only on a case-by-case basis for a spe18 cific officer.’’. 

19 SEC. 506. MANAGEMENT OF JOINT SPECIALTY OFFICERS. 

20 Section 661 of title 10, United States Code, is 

21 amended—

22 (1) in subsection (c)—

23 (A) by amending paragraph (1) to read as 

24 follows: 
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1 ‘‘(1) An officer will be designated with a joint spe2 cialty officer identifier after the officer—

3 ‘‘(A) successfully completes a Chairman of the 

4 Joint Chiefs of Staff accredited program from a 

5 joint professional military education institution and 

6 successfully completes a full tour of duty in a joint 

7 duty assignment (not necessarily in this order); or 

8 ‘‘(B) successfully completes two full tours of 

9 duty in joint duty assignments.’’; 

10 (B) by striking paragraphs (2) and (3); 

11 and 

12 (C) by redesignating paragraph (4) as 

13 paragraph (2); 

14 (2) by striking subsection (d); 

15 (3) by redesignating subsections (e) and (f) as 

16 subsections (d) and (e), respectively; and 

17 (4) by amending subsection (d), as redesignated 

18 by paragraph (3), to read as follows: 

19 ‘‘(d) JOINT SPECIALTY OFFICER DESIGNATION FOR

20 GENERAL AND FLAG POSITIONS.—The Secretary shall en21 sure that general and flag officer joint duty assignments 

22 that require officers with the joint specialty will be des23 ignated as requiring a joint specialty officer. Once a posi24 tion is designated as requiring a joint specialty officer, a 

25 non-joint specialty officer can be assigned to the position 
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1 only if the Secretary deems the assignment of a non-joint 

2 specialty officer necessary and waives the requirement to 

3 assign a joint specialty officer.’’.

4 SEC. 507. ELIMINATE DISTRIBUTION QUOTAS FOR GEN5 ERAL AND FLAG OFFICERS SERVING IN THE 

6 GRADES OF O–7 AND O–8. 

7 Section 525 of title 10, United States Code, is 

8 amended—

9 (1) by repealing subsection (a); and 

10 (2) by redesignating subsections (b), (c), and 

11 (d) as subsections (a), (b), and (c), respectively. 

12 SEC. 508. ELIMINATE MANDATORY RETIREMENT OF ACTIVE 

13 DUTY GENERAL AND FLAG OFFICERS AFTER 

14 30 YEARS OF SERVICE. 

15 (a) IN GENERAL.—Sections 635 and 636 of title 10, 

16 United States Code, are repealed. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

18 (1) Section 637(b) of such title is amended—

19 (A) by striking paragraph (2); and 

20 (B) by redesignating paragraph (3) as para21 graph (2). 

22 (2) The table of sections at the beginning of sub23 chapter III of chapter 36 of such title is amended by strik24 ing the items relating to sections 635 and 636. 
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1 SEC. 509. LENGTH OF TERMS FOR THE ASSISTANTS TO THE 

2 CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

3 FOR NATIONAL GUARD AND RESERVE MAT4 TERS. 

5 Subsection (c) of section 901 of the National Defense 

6 Authorization Act for Fiscal Year 1998 (Public Law 105–

7 85; 111 Stat. 1853), is amended by striking ‘‘for a term 

8 of two years and may be continued in that assignment in 

9 the same manner for one additional term. However, in 

10 time of war there is no limit on the number of terms.’’. 

11 SEC. 510. LENGTH OF SERVICE FOR THE SENIOR LEADERS 

12 OF THE MILITARY –DEPARTMENTS. 

13 (a) CHIEF OF STAFF OF THE ARMY.—Paragraph (1) 

14 of section 3033(a) of title 10, United States Code, is 

15 amended to read as follows: 

16 ‘‘(a)(1) There is a Chief of Staff of the Army, ap17 pointed for a period of four years by the President, by 

18 and with the advice and consent of the Senate, from the 

19 general officers of the Army. He serves at the pleasure 

20 of the President, and the President may extend the length 

21 of service as he determines necessary.’’. 

22 (b) CHIEF OF NAVAL OPERATIONS.—Paragraph (1) 

23 of section 5033(a) of such title is amended to read as fol24 lows: 

25 ‘‘(a)(1) There is a Chief of Naval Operations, ap26 pointed by the President, by and with the advice and con-
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1 sent of the Senate. The Chief of Naval Operations shall 

2 be appointed for a term of four years, from officers on 

3 the active-duty list in the line of the Navy who are eligible 

4 to command at sea and who hold the grade of rear admiral 

5 or above. He serves at the pleasure of the President, and 

6 the President may extend the length of service as he deter7 mines necessary.’’. 

8 (c) COMMANDANT OF THE MARINE CORPS.—Para9 graph (1) of section 5043(a) of such title is amended to 

10 read as follows: 

11 ‘‘(a)(1) There is a Commandant of the Marine Corps, 

12 appointed by the President, by and with the advice and 

13 consent of the Senate. The Commandant shall be ap14 pointed for a term of four years from officers on the ac15 tive-duty list of the Marine Corps not below the grade of 

16 colonel. He serves at the pleasure of the President, and 

17 the President may extend the length of service as he deter18 mines necessary.’’. 

19 (d) CHIEF OF STAFF OF THE AIR FORCE.—Para20 graph (1) of section 8033(a) of such title is amended to 

21 read as follows: 

22 ‘‘(a)(1) There is a Chief of Staff of the Air Force, 

23 appointed for a period of four years by the President, by 

24 and with the advice and consent of the Senate, from the 

25 general officers of the Air Force. He serves at the pleasure 
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1 of the President, and the President may extend the length 

2 of service as he determines necessary.’’. 

3 SEC. 511. EXTENDING AGE LIMITS FOR ACTIVE DUTY GEN4 ERAL AND FLAG OFFICERS. 

5 Section 1251 of title 10, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 1251. Regular commissioned officers; exceptions 

8 ‘‘(a)(1) Unless retired or separated earlier, each reg9 ular commissioned officer of the Army, Air Force, or Ma10 rine Corps serving in a grade at or above brigadier general 

11 or rear admiral (lower half) in the Navy shall be retired 

12 on the first day of the month following the month in which 

13 the officer becomes 68 years of age. 

14 ‘‘(2) Notwithstanding paragraph (1), the Secretary of 

15 Defense may defer the retirement of a general or flag offi16 cer, but such a deferment may not extend beyond the first 

17 day of the month following the month in which the officer 

18 becomes 72 years of age. 

19 ‘‘(b)(1) Unless retired or separated earlier, each reg20 ular commissioned officer of the Army, Air Force, or Ma21 rine Corps (other than an officer who is a permanent pro22 fessor, director of admissions, or registrar of the United 

23 States Military Academy or United States Air Force Acad24 emy or a commissioned warrant officer) serving in a grade 

25 below brigadier general or rear admiral (lower half) in the 
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1 Navy shall be retired on the first day of the month fol2 lowing the month in which he becomes 62 years of age. 

3 An officer who is a permanent professor at the United 

4 States Military Academy or United States Air Force Acad5 emy, the director of admissions at the United States Mili6 tary Academy, or the registrar of the United States Air 

7 Force Academy shall be retired on the first day of the 

8 month following the month in which he becomes 64 years 

9 of age. 

10 ‘‘(2) The Secretary concerned may defer the retire11 ment under paragraph (1) of a health professions officer 

12 if during the period of the deferment the officer will be 

13 performing duties consisting primarily of providing patient 

14 care or performing other clinical duties. 

15 ‘‘(3) The Secretary concerned may defer the retire16 ment under paragraph (1) of an officer who is appointed 

17 or designated as a chaplain if the Secretary determines 

18 that such deferral is in the best interest of the military 

19 department concerned. 

20 ‘‘(4)(A) Except as provided in subparagraph (B), a 

21 deferment under this subsection may not extend beyond 

22 the first day of the month following the month in which 

23 the officer becomes 68 years of age. 

24 ‘‘(B) The Secretary concerned may extend a 

25 deferment under this subsection beyond the day referred 
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1 to in subparagraph (A) if the Secretary determines that 

2 extension of the deferment is necessary for the needs of 

3 the military department concerned. Such an extension 

4 shall be made on a case-by-case basis and shall be for such 

5 period as the Secretary considers appropriate. 

6 ‘‘(5) For purposes of this subsection, a health profes7 sions officer is—

8 ‘‘(A) a medical officer; 

9 ‘‘(B) a dental officer; or 

10 ‘‘(C) an officer in the Army Nurse Corps, an 

11 officer in the Navy Nurse Corps, or an officer in the 

12 Air Force designated as a nurse.’’. 

13 SEC. 512. LATERAL REASSIGNMENT OF CERTAIN GEN14 ERALS AND ADMIRALS. 

15 Subsection (a) of section 601 of title 10, United 

16 States Code, is amended to read as follows: 

17 ‘‘(a)(1) The President may designate positions of im18 portance and responsibility to carry the grade of general 

19 or admiral or lieutenant general or vice admiral. The 

20 President may assign to any such position an officer of 

21 the Army, Navy, Air Force, or Marine Corps who is serv22 ing on active duty in any grade above colonel or, in the 

23 case of an officer of the Navy, any grade above captain. 

24 An officer assigned to any such position has the grade 
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1 specified by the President for such position, as provided 

2 in paragraph (2). 

3 ‘‘(2) An officer may be appointed initially to the 

4 grade of general or admiral or lieutenant general or vice 

5 admiral if he is appointed to that grade by the President, 

6 by and with the advice and consent of the Senate. If the 

7 President or Secretary of Defense reassigns such an offi8 cer to another position of importance and responsibility 

9 at the same grade, no further appointment to that grade 

10 is required unless the position to which the officer is reas11 signed is established by law. 

12 ‘‘(3) Except as provided in subsection (b), the ap13 pointment of an officer to a grade under this section for 

14 service in a position of importance and responsibility ends 

15 on the date of the termination of the assignment of the 

16 officer to that position.’’. 

17 SEC. 513. LENGTH OF SERVICE FOR THE CHAIRMAN AND 

18 VICE CHAIRMAN OF THE JOINT CHIEFS OF 

19 STAFF. 

20 (a) CHAIRMAN OF THE JOINT CHIEFS OF STAFF.—

21 Subsection (a) of section 152 of title 10, United States 

22 Code, is amended—

23 (1) by amending paragraph (1) to read as fol24 lows: 
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1 ‘‘(1) There is a Chairman of the Joint Chiefs of Staff, 

2 appointed by the President, by and with the advice and 

3 consent of the Senate, from the officers of the regular 

4 components of the armed forces. The Chairman serves at 

5 the pleasure of the President for a term of two years, and 

6 the President may appoint the Chairman for additional 

7 two-year terms as he determines necessary.’’; and 

8 (2) by striking paragraph (3). 

9 (b) VICE CHAIRMAN OF THE JOINT CHIEFS OF

10 STAFF.—Paragraph (3) of section 154(a) of such title is 

11 amended to read as follows: 

12 ‘‘(3) The Vice Chairman serves at the pleasure of the 

13 President for a term of two years, and the President may 

14 appoint the Vice Chairman for additional two-year terms 

15 as he determines necessary.’’. 

16 SEC. 514. PROMOTION POLICY OBJECTIVES FOR JOINT OF17 FICERS. 

18 Section 662(a)(3) of title 10, United States Code, is 

19 amended by striking ‘‘(other than officers covered in para20 graphs (1) and (2))’’. 
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1 Subtitle B—Reserve Component 

2 Management 

3 SEC. 521. REVISED CONCEPT OF INACTIVE DUTY AND RE4 PEAL OF FUNERAL HONORS DUTY. 

5 (a) DEFINITION OF INACTIVE DUTY.—(1) Section 

6 101(d)(7) of title 10, United States Code, is amended by 

7 striking ‘‘training’’. 

8 (2) Section 101(22) of title 37, United States Code, 

9 is amended by striking ‘‘training’’. 

10 (b) COMPENSATION FOR INACTIVE DUTY.—Section 

11 206 of title 37, United States Code, is amended—

12 (1) by striking ‘‘training’’ in the section title; 

13 (2) in subsection (a)(3)—

14 (A) in subparagraph (A)(ii), by striking 

15 ‘‘training’’; and 

16 (B) in subparagraph (C), by striking 

17 ‘‘training’’ each place it appears; and

18 (3) in paragraph (1) of subsection (b)—

19 (A) by inserting ‘‘(to include telecom20 muting)’’ after ‘‘appropriate duties’’; and 

21 (B) by inserting ‘‘or duty’’ after ‘‘kind of 

22 training’’. 

23 (b) REPEAL OF FUNERAL HONORS DUTY.—(1)(A) 

24 Section 12503 of title 10, United States Code, is repealed. 
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1 (B) The table of sections at the beginning of chapter 

2 1213 of such title is amended by striking the item relating 

3 to section 12503. 

4 (2)(A) Section 115 of title 32, United States Code, 

5 is repealed. 

6 (B) The table of sections at the beginning of chapter 

7 1 of such title 32 is amended by striking the item relating 

8 to section 115. 

9 (c) CONFORMING AMENDMENTS.—

10 (1) Section 802 of title 10, United States Code, 

11 is amended—

12 (A) in paragraph (3) of subsection (a), by 

13 striking ‘‘inactive-duty training’’ and inserting 

14 ‘‘inactive duty’’; and 

15 (B) in subsection (d)—

16 (i) in paragraph (2)(B), by striking 

17 ‘‘inactive-duty training’’ and inserting ‘‘in18 active duty’’; and 

19 (ii) in paragraph (5)(B), by striking 

20 ‘‘inactive-duty training’’ and inserting ‘‘in21 active duty’’. 

22 (2) Section 803(d) of such title is amended by 

23 striking ‘‘inactive-duty training’’ and inserting ‘‘in24 active duty’’ each place it appears. 

25 (3) Section 936 of such title is amended—
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1 (A) in subsection (a), by striking ‘‘inactive2 duty training’’ and inserting ‘‘inactive duty’’; 

3 and 

4 (B) in subsection (b), by striking ‘‘inactive5 duty training’’ and inserting ‘‘inactive duty’’. 

6 (4) Section 976(a)(1)(C) of such title is amend7 ed by striking ‘‘inactive-duty training’’ and inserting 

8 ‘‘inactive duty’’. 

9 (5) Section 1061(b) of such title is amended by 

10 striking ‘‘inactive-duty training’’ each place it ap11 pears and inserting ‘‘inactive duty’’. 

12 (6) Section 1074a(a) of such title is amended—

13 (A) in paragraph (1)—

14 (i) by striking ‘‘inactive-duty train15 ing’’ each place it appears and inserting 

16 ‘‘inactive duty’’; and 

17 (ii) by striking subparagraph (C). 

18 (B) in paragraph (2)—

19 (i) by striking ‘‘inactive-duty train20 ing’’ each place it appears and inserting 

21 ‘‘inactive duty’’; and 

22 (ii) by striking subparagraph (C). 

23 (C) in paragraph (3), by striking ‘‘inactive24 duty training’’ each place it appears and insert25 ing ‘‘inactive duty’’; and 
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1 (D) by striking paragraph (4). 

2 (7) Section 1076(a)(2) of such title is amend3 ed—

4 (A) by striking ‘‘inactive-duty training’’ 

5 each place it appears and inserting ‘‘inactive 

6 duty’’; and 

7 (B) by striking subparagraph (E). 

8 (8) Section 1086(c)(2)(B) of such title is 

9 amended by striking ‘‘inactive-duty training’’ each 

10 place it appears and inserting ‘‘inactive duty’’. 

11 (9) Section 1175(e)(2) of such title is amended 

12 by striking ‘‘training’’. 

13 (10) Section 1204 of such title is amended—

14 (A) by striking ‘‘inactive-duty train15 ing’’ in the section heading and inserting ‘‘in16 active duty’’; and 

17 (B) in paragraph (2)—

18 (i) by striking ‘‘inactive-duty train19 ing’’ each place it appears and inserting 

20 ‘‘inactive duty’’; 

21 (ii) by inserting ‘‘or’’ at the end of 

22 clause (ii); 

23 (iii) by striking ‘‘or’’ at the end of 

24 clause (iii); and 

25 (iv) by striking subparagraph (C). 
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1 (11) Section 1206 of such title is amended—

2 (A) by striking ‘‘inactive-duty train3 ing’’ in the section heading and inserting ‘‘in4 active duty’’; and 

5 (B) by amending paragraph (2) to read as 

6 follows: 

7 ‘‘(2) the disability is a result of an injury, ill8 ness, or disease incurred or aggravated in line of 

9 duty while—

10 ‘‘(A) performing active duty or inactive 

11 duty; 

12 ‘‘(B) traveling directly to or from the place 

13 at which such duty is performed; or 

14 ‘‘(C) remaining overnight immediately be15 fore the commencement of inactive duty, or 

16 while remaining overnight between successive 

17 periods of inactive-duty training, at or in the vi18 cinity of the site of the inactive duty, if the site 

19 is outside reasonable commuting distance of the 

20 member’s residence.’’. 

21 (12)(A) Section 12552 is repealed. 

22 (B) The table of sections at the beginning of 

23 chapter 1215 of such title is amended by striking 

24 the item relating to 12552. 
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1 (13) Section 1471(b)(3)(A) of such title is 

2 amended by striking ‘‘training’’ each place it ap3 pears. 

4 (14) Section 1475 of such title is amended—

5 (A) by striking ‘‘training’’ in the head6 ing; and 

7 (B) in subsection (a)—

8 (i) in paragraph (2), by striking 

9 ‘‘training’’; and 

10 (ii) in paragraph (3), by striking 

11 ‘‘training’’ the second and fourth place it 

12 appears. 

13 (15) Section 1476 of such title is amended—

14 (A) by striking ‘‘training’’ in the head15 ing; and 

16 (B) in subsection (a), by striking ‘‘inactive17 duty training’’ each place it appears and insert18 ing ‘‘inactive duty’’. 

19 (16) Section 1478(a) of such title is amended—

20 (A) in paragraph (3), by striking ‘‘train21 ing’’ each place it appears; 

22 (B) in paragraph (7)—

23 (i) by striking ‘‘training’’ the first 

24 place it appears; and 

25 (ii) by striking ‘‘or training’’; and 
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1 (C) in paragraph (8), by striking ‘‘train2 ing’’ each place it appears. 

3 (17) Section 1481(a)(2) of such title is amend4 ed—

5 (A) by striking ‘‘inactive-duty training’’ 

6 each place it appears and inserting ‘‘inactive 

7 duty’’; 

8 (B) by striking ‘‘; or’’ at the end of sub9 paragraph (E) and inserting a period; and 

10 (C) by striking subparagraph (F). 

11 (18) Section 2031(d)(2) of such title is amend12 ed by striking ‘‘training’’. 

13 (19) Section 9446(a)(3) of such title is amend14 ed by striking ‘‘inactive-duty training’’ and inserting 

15 ‘‘inactive duty’’. 

16 (20) Section 10204(b) of such title is amended 

17 by striking ‘‘inactive duty training’’ and inserting 

18 ‘‘inactive duty’’. 

19 (21) Section 12317 of such title is amended by 

20 striking ‘‘training’’. 

21 (22) Section 12319(c) of such title is amend22 ed—

23 (A) by striking ‘‘inactive-duty training’’ 

24 each place it appears and inserting ‘‘inactive 

25 duty’’; and 
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1 (B) by striking ‘‘that training’’ and insert2 ing ‘‘such duty’’. 

3 (23) Section 12602 of such title is amended—

4 (A) in subsection (a)(3), by striking ‘‘inac5 tive-duty training’’ each place it appears and in6 serting ‘‘inactive duty’’; and 

7 (B) in subsection (b)(3), by striking ‘‘inac8 tive-duty training’’ each place it appears and in9 serting ‘‘inactive duty’’.

10 (24) Section 12603 of such title is amended—

11 (A) by striking ‘‘inactive-duty train12 ing’’ in the section heading and inserting ‘‘in13 active duty’’; and 

14 (B) in subsection (a)—

15 (i) by striking ‘‘training’’ the first 

16 place it appears; and 

17 (ii) by striking ‘‘the training’’ and in18 serting ‘‘such duty’’. 

19 (25) Section 12604 of such title is amended—

20 (A) by striking ‘‘inactive-duty train21 ing’’ in the section heading and inserting ‘‘in22 active duty’’; and 

23 (B) in subsection (a), by striking ‘‘inactive24 duty training’’ and inserting ‘‘inactive duty’’. 
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1 (26) Section 12732(a) of such title is amended 

2 in paragraph (2)—

3 (A) by striking subparagraph (E); and 

4 (B) by striking ‘‘clauses (A), (B), (C), (D), 

5 and (E)’’ and inserting ‘‘clauses (A), (B), (C), 

6 and (D)’’. 

7 (27) Section 18505 of such title is amended—

8 (A) by striking ‘‘inactive-duty train9 ing’’ in the section heading and inserting ‘‘in10 active duty’’; and 

11 (B) in subsection (a), by striking ‘‘inactive12 duty training’’ each place it appears and insert13 ing ‘‘inactive duty’’. 

14 (28) Section 114 of title 32, United States 

15 Code, is amended by striking the second sentence. 

16 (29) Section 101(22) of title 37, United States 

17 Code, is amended by striking ‘‘inactive-duty train18 ing’’ and inserting ‘‘inactive duty’’. 

19 (30) Section 204 of such title is amended—

20 (A) in subsection (g)(1)—

21 (i) in subparagraph (B), by striking 

22 ‘‘inactive-duty training’’ and inserting ‘‘in23 active duty’’; 

24 (ii) in subparagraph (C), by striking 

25 ‘‘or training’’; 
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1 (iii) in subparagraph (D)—

2 (I) by striking ‘‘inactive-duty 

3 training’’ each place it appears and 

4 inserting ‘‘inactive duty’’; and 

5 (II) by striking ‘‘; or’’ at the end 

6 and inserting a period; and 

7 (iv) by striking subparagraph (E); 

8 and 

9 (B) in subsection (h)(1)—

10 (i) in subparagraph (B), by striking 

11 ‘‘inactive-duty training’’ and inserting ‘‘in12 active duty’’; 

13 (ii) in subparagraph (C), by striking 

14 ‘‘or training’’; 

15 (iii) in subparagraph (D)—

16 (I) by striking ‘‘inactive-duty 

17 training’’ each place it appears and 

18 inserting ‘‘inactive duty’’; and 

19 (II) by striking ‘‘; or’’ at the end 

20 and inserting a period; and 

21 (iv) by striking subparagraph (E). 

22 (31) Section 205(e)(2)(A) of such title is 

23 amended by striking ‘‘inactive-duty training’’ and in24 serting ‘‘inactive duty’’. 

25 (32) Section 206 of such title is amended—
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1 (A) by striking ‘‘inactive-duty train2 ing’’ in the section heading and inserting ‘‘in3 active duty’’; and 

4 (B) in subsection (a)(3)—

5 (i) in subparagraph (A)(ii), by strik6 ing ‘‘inactive-duty training’’ and inserting 

7 ‘‘inactive duty’’; 

8 (ii) in subparagraph (B), by striking 

9 ‘‘or training’’; and 

10 (iii) in subparagraph (C), by striking 

11 ‘‘inactive-duty training’’ each place it ap12 pears and inserting ‘‘inactive duty’’. 

13 (33) Section 308d(a) of such title is amended 

14 by striking ‘‘for training’’. 

15 (34) Section 320(e) of such title is amended by 

16 striking ‘‘TRAINING’’ in the heading. 

17 (35) Section 415 of such title is amended—

18 (A) in subsection (a)(3), by striking ‘‘inac19 tive-duty training’’ and inserting ‘‘inactive 

20 duty’’; and 

21 (B) in subsection (c)(1), by striking ‘‘train22 ing status’’. 

23 (36) Section 433(d) of such title is amended by 

24 striking ‘‘inactive-duty training’’ and inserting ‘‘in25 active duty’’. 
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1 (37) Section 552 of such title is amended—

2 (A) in subsection (a), by striking ‘‘inactive3 duty training’’ each place it appears and insert4 ing ‘‘inactive duty’’; and 

5 (B) in subsection (d), by striking ‘‘inactive6 duty training’’ and inserting ‘‘inactive duty’’. 

7 (38) Section 106(d)(1) of title 38, United 

8 States Code, is amended by striking ‘‘inactive duty 

9 for training’’ each place it appears and inserting 

10 ‘‘inactive duty’’. 

11 (39) Section 1112(c)(3)(A)(ii) of such title is 

12 amended by striking ‘‘training’’ the second place it 

13 appears. 

14 (40) Section 1302(b)(2) of such title is amend15 ed by striking ‘‘training’’ the second place it ap16 pears. 

17 (41) Section 1312(a)(2)(A) of such title is 

18 amended by striking ‘‘training’’ the second place it 

19 appears. 

20 (42) Section 1965 of such title is amended—

21 (A) in paragraph (3), by striking ‘‘train22 ing’’; 

23 (B) in paragraph (4), by striking ‘‘train24 ing’’ the second and third place it appears; and 
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1 (C) in paragraph (5), by striking ‘‘inactive 

2 duty for training’’ each place it appears and in3 serting ‘‘inactive duty’’. 

4 (43) Section 1967 of such title is amended—

5 (A) in subsection (a)(1)(B), by striking 

6 ‘‘inactive duty training’’ and inserting ‘‘inactive 

7 duty’’; and 

8 (B) in subsection (b), by striking ‘‘inactive 

9 duty training’’ each place it appears and insert10 ing ‘‘inactive duty’’. 

11 (44) Section 1968 of such title is amended—

12 (A) in subsection (a)—

13 (i) by striking ‘‘inactive duty train14 ing’’ and inserting ‘‘inactive duty’’; 

15 (ii) in paragraph (3)—

16 (I) by striking ‘‘inactive duty 

17 training’’ and inserting ‘‘inactive 

18 duty’’; 

19 (II) by striking ‘‘such scheduled 

20 training period’’ and inserting ‘‘such 

21 scheduled duty’’; 

22 (III) by striking ‘‘such period’’ 

23 and inserting ‘‘such duty’’; and 

24 (IV) by striking ‘‘such training’’ 

25 and inserting ‘‘such duty’’; and 
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1 (B) in subsection(b)(2), by striking ‘‘inac2 tive duty training’’ and inserting ‘‘inactive 

3 duty’’. 

4 (45) Section 1969(a)(3) of such title is amend5 ed by striking ‘‘inactive duty training’’ and inserting 

6 ‘‘inactive duty’’. 

7 (46) Section 1977(e) of such title is amended 

8 by striking ‘‘inactive duty training’’ and inserting 

9 ‘‘inactive duty’’. 

10 (47) Section 2402(2) of such title is amended 

11 by striking ‘‘inactive duty training’’ and inserting 

12 ‘‘inactive duty’’. 

13 (48) Section 4303 of such title is amended—

14 (A) in paragraph (13)—

15 (i) by striking ‘‘inactive duty train16 ing’’ and inserting ‘‘inactive duty’’; and 

17 (ii) by striking ‘‘, and a period for 

18 which a person is absent from employment 

19 for the purpose of performing funeral hon20 ors duty as authorized by section 12503 of 

21 title 10 or section 115 of title 32’’; and

22 (B) in paragraph (16), by striking ‘‘inac23 tive duty training’’ and inserting ‘‘inactive 

24 duty’’. 
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1 (49) Section 704 of title 14, United States 

2 Code, is amended by striking ‘‘inactive-duty train3 ing’’ and inserting ‘‘inactive duty’’. 

4 (50) Section 705(a) of such title is amended by 

5 striking ‘‘inactive-duty training’’ and inserting ‘‘in6 active duty’’. 

7 (51) Section 6323(a)(1) of title 5, United 

8 States Code, is amended—

9 (A) by striking ‘‘inactive-duty training’’ 

10 and inserting ‘‘inactive duty’’; and 

11 (B) by striking ‘‘funeral honors duty (as 

12 described in section 12503 of title 10 and sec13 tion 115 of title 32),’’. 

14 SEC. 522. AUTHORIZED STRENGTHS OF NAVY AND MARINE 

15 CORPS RESERVE FLAG AND GENERAL OFFI16 CERS. 

17 Section 12004 of title 10, United States Code, is 

18 amended—

19 (1) by amending subsection (c) to read as fol20 lows: 

21 ‘‘(c) The authorized strength of the Navy and Marine 

22 Corps under subsection (a) is exclusive of officers counted 

23 under section 526 of this title.’’; 

24 (2) by striking subsection (d); and 
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1 (3) by redesignating subsection (e) as sub2 section (d). 

3 SEC. 523. MANDATORY RETENTION ON ACTIVE DUTY TO 

4 QUALIFY FOR RETIREMENT PAY. 

5 Section 12686 of title 10, United States Code, is 

6 amended—

7 (1) by redesignating subsection (b) as sub8 section (c); and 

9 (2) by inserting after subsection (a) the fol10 lowing new subsection (b): 

11 ‘‘(b) NON-REGULAR RETIREMENT EXCLUSION.—

12 This section does not apply to a member who, if continued 

13 on active duty, will only qualify for retirement under chap14 ter 1223 of this title for non-regular service.’’. 

15 SEC. 524. AMENDMENT TO THE PURPOSE OF THE RESERVE 

16 COMPONENTS. 

17 Subsection 10102 of title 10, United States Code, is 

18 amended by striking ‘‘, during and after the period needed 

19 to procure and train additional units and qualified persons 

20 to achieve the planned mobilization,’’. 

21 SEC. 525. ACCOUNTING AND MANAGEMENT OF NATIONAL 

22 GUARD AND RESERVE PERSONNEL PER23 FORMING ACTIVE OR FULL-TIME DUTY. 

24 (a) STRENGTH AUTHORIZATIONS.—Section 115 of 

25 title 10, United States Code, is amended—
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1 (1) in subsection (a)(1)—

2 (A) in subparagraph (A), by striking ‘‘ac3 tive-duty personnel who’’ and inserting ‘‘active4 duty personnel (other than members of a Re5 serve component described in subsection (b)(2)) 

6 who’’; and 

7 (B) in subparagraph (B), by inserting be8 fore the period at the end the following: ‘‘in 

9 connection with organizing, administering, re10 cruiting, instructing, or training the reserve 

11 components of the armed forces to perform du12 ties as prescribed in section 12310 of this 

13 title’’; 

14 (2) by striking subsection (h); 

15 (3) by redesignating subsections (b), (c), (d), 

16 (e), (f), and (g) as subsections (c), (d), (e), (f), (g), 

17 and (h), respectively; 

18 (4) by inserting after subsection (a) the fol19 lowing new subsection (b): 

20 ‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE

21 AUTHORIZED BY LAW.—Except as authorized under sub22 section (a)(1), Congress shall authorize the maximum av23 erage strength for members of a Reserve component on 

24 active duty (other than for training) or full time National 
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1 Guard duty (other than for training) who are to be paid 

2 from funds appropriated for—

3 ‘‘(1) reserve personnel; or 

4 ‘‘(2) active duty personnel, to include funds re5 imbursed to reserve appropriations for National 

6 Guard or reserve personnel to perform active duty or 

7 full-time National Guard duty provided—

8 ‘‘(A) the period of duty is for three years 

9 or less; and 

10 ‘‘(B) the cumulative periods of active duty 

11 (other than for training) and full-time National 

12 Guard duty (other than for training) performed 

13 by the member in the previous 1460 days is less 

14 than 1095 days.’’; 

15 (5) in subsection (e) (as redesignated by para16 graph (3))—

17 (A) in paragraph (1), by striking ‘‘sub18 section (a) or (c)’’ and inserting ‘‘subsection (a) 

19 or (d); and 

20 (B) in paragraph (2)—

21 (i) by striking ‘‘subsection (a) and 

22 (c)’’; and inserting ‘‘subsection (a) and 

23 (d)’’; 

24 (ii) by striking ‘‘subsection (a) (as 

25 such levels may be adjusted pursuant to 
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1 subsection (e)) and subsection (c)’’ and in2 serting ‘‘subsection (a) (as such levels may 

3 be adjusted pursuant to subsection (f)) and 

4 subsection (d)’’; and 

5 (iii) by striking ‘‘subsection (a) (as 

6 adjusted pursuant to subsection (e)) and 

7 subsection (c)’’ and inserting ‘‘subsection 

8 (a) (as adjusted pursuant to subsection 

9 (f)) and subsection (d)’’; 

10 (6) in subsection (f) (as redesignated by para11 graph (3))—

12 (A) by striking ‘‘END’’ in the heading; 

13 (B) by striking ‘‘and’’ at the end of para14 graph (2); 

15 (C) in paragraph (3), by striking the pe16 riod and inserting ‘‘; and’’; and 

17 (D) by adding at the end the following new 

18 paragraph: 

19 ‘‘(4) increase the strength authorized pursuant 

20 to subsection (b), notwithstanding the restrictions of 

21 subparagraph (A) and (B) of paragraph (2), for a 

22 fiscal year for any of the armed forces by a number 

23 equal to the number of members—
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1 ‘‘(A) of a reserve component of that armed 

2 force on active duty in support of a contingency 

3 operation; 

4 ‘‘(B) of the National Guard called into 

5 Federal service under section 12406 of this 

6 title; 

7 ‘‘(C) of the militia called into Federal serv8 ice under chapter 15 of this title; and 

9 ‘‘(D) of a reserve component called to or 

10 retained on active duty under section 12301(g), 

11 12301(h) or 12322 of this title.’’; and 

12 (7) in paragraph (2) of subsection (g) (as re13 designated by paragraph (3)), by striking ‘‘sub14 section (e)(1)’’ and inserting ‘‘subsection (f)(1)’’. 

15 (b) MILITARY TO MILITARY CONTACT STRENGTH

16 ACCOUNTING.—Section 168 of such title is amended—

17 (1) by striking subsection (f); and 

18 (2) by redesignating subsection (g) as sub19 section (f). 

20 (c) E–8 AND E–9 STRENGTH ACCOUNTING.—Sub21 section (a) of section 517 of such title is amended by strik22 ing ‘‘(other than for training) in connection with orga23 nizing, administering, recruiting, instructing, or training 

24 the reserve component of an armed force’’ and inserting 
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1 ‘‘as authorized under section 115(a)(1)(B) or (b) of this 

2 title’’. 

3 (d) FIELD GRADE OFFICER STRENGTH ACCOUNT4 ING.—Subparagraph (B) of section 523(b)(1) of such title 

5 is amended to read as follows: 

6 ‘‘(B) on active duty or full-time National 

7 Guard duty as authorized under section 

8 115(a)(1)(B) or (b) of this title;’’. 

9 (e) ACTIVE GUARD AND RESERVE FIELD GRADE OF10 FICER STRENGTH ACCOUNTING.—Paragraph (2) of sec11 tion 12011(e) of such title is amended by inserting before 

12 the period at the end the following: ‘‘in connection with 

13 organizing, administering, recruiting, instructing, or train14 ing members of the National Guard’’. 

15 (f) WARRANT OFFICER ACTIVE-DUTY LIST EXCLU16 SION.—Paragraph (1) of section 582 of such title is 

17 amended—

18 (1) by inserting ‘‘or’’ after the semicolon at the 

19 end of subparagraph (A); 

20 (2) by amending subparagraph (B) to read as 

21 follows:

22 ‘‘(B) on active duty or full-time National 

23 Guard duty as authorized under section 

24 115(a)(1)(B) or (b) of this title;’’; and 
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1 (3) by striking subparagraphs (C), (D), and 

2 (E). 

3 (g) OFFICER ACTIVE-DUTY LIST, APPLICABILITY OF

4 CHAPTER.—Paragraph (1) of section 641 of such title 10, 

5 United States Code, is amended—

6 (1) by inserting ‘‘or’’ after the semicolon at the 

7 end of subparagraph (A); 

8 (2) by amending subparagraph (B) to read as 

9 follows: 

10 ‘‘(B) on active duty or full-time National 

11 Guard duty as authorized under section 

12 115(a)(1)(B) or (b) of this title.’’; and 

13 (3) by striking subparagraphs (C), (D), (E), 

14 (F), (G), and (H). 

15 (h) STRENGTH ACCOUNTING FOR MEMBERS PER16 FORMING DRUG INTERDICTION AND COUNTER-DRUG AC17 TIVITIES.—Section 112 of title 32, United States Code, 

18 is amended—

19 (1) by amending subsection (e) to read as fol20 lows: 

21 ‘‘(e) STRENGTH ACCOUNTING.—Members of the Na22 tional Guard on active duty or full-time National Guard 

23 duty for the purposes of administering this section shall 

24 be accounted for under section 115(b) of title 10.’’; and 
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1 (2) in subsection (f)(1), by striking ‘‘for a pe2 riod of more than 180 days’’ each place it appears. 

3 SEC. 526. WAIVE REQUIREMENT THAT RESERVE CHIEFS 

4 AND NATIONAL GUARD DIRECTORS MUST 

5 HAVE SIGNIFICANT JOINT DUTY EXPERI6 ENCE. 

7 (a) CHIEF OF ARMY RESERVE.—Section 3038(b)(4) 

8 of title 10, United States Code, is amended by striking 

9 ‘‘Until December 31, 2004, the’’ and inserting ‘‘The’’. 

10 (b) CHIEF OF NAVAL RESERVE.—Section 5143(b)(4) 

11 of such title is amended by striking ‘‘Until December 31, 

12 2004, the’’ and inserting ‘‘The’’. 

13 (c) COMMANDER MARINE FORCES RESERVE.—Sec14 tion 5144(b)(4) of such title is amended by striking ‘‘Until 

15 December 31, 2004, the’’ and inserting ‘‘The’’. 

16 (d) CHIEF OF AIR FORCE RESERVE.—Section 

17 8038(b)(4) of such title is amended by striking ‘‘Until De18 cember 31, 2004, the’’ and inserting ‘‘The’’. 

19 (e) DIRECTOR, ARMY NATIONAL GUARD AND DIREC20 TOR, AIR NATIONAL GUARD.—Section 10506(a)(3)(D) of 

21 such title is amended by striking ‘‘Until December 31, 

22 2004, the’’ and inserting ‘‘The’’. 
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1 SEC. 527. EXTENDING AGE LIMITS FOR RESERVE AND NA2 TIONAL GUARD GENERAL AND FLAG OFFI3 CERS. 

4 (a) MAXIMUM AGE FOR RESERVE COMPONENT GEN5 ERAL AND FLAG OFFICERS.—(1) Section 14511 of title 

6 10, United States Code, is amended to read as follows: 

7 ‘‘§ 14511. Separation at age 68: reserve officers in 

8 grades above colonel or Navy captain 

9 ‘‘(a) MAXIMUM AGE.—Unless retired, transferred to 

10 the Retired Reserve, or discharged at an earlier date, each 

11 reserve officer of the Army, Air Force, or Marine Corps 

12 in a grade above colonel and each reserve officer of the 

13 Navy in a grade above captain shall be separated in ac14 cordance with section 14515 of this title on the last day 

15 of the month in the month in which the officer becomes 

16 68 years of age. 

17 ‘‘(b) RETENTION BEYOND AGE 68.—Notwith18 standing subsection (a), the Secretary of Defense may 

19 defer the retirement of a reserve officer serving in a grade 

20 above colonel in the case of the Army, Air Force, or Ma21 rine Corps, or a reserve officer serving in a grade above 

22 captain in the case of the Navy, but such a deferment may 

23 not extend beyond the last day of the month following the 

24 month in which the officer becomes 72 years of age.’’. 

25 (2) Sections 14510 and 14512 of such title are re26 pealed. 
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1 (b) REPEAL YEARS OF SERVICE REQUIREMENT FOR

2 RESERVE COMPONENT GENERAL AND FLAG OFFICER.—

3 Section 14508 of such title is repealed. 

4 (c) ELIMINATION OF TERM LIMITATION FOR RE5 SERVE COMPONENT GENERAL AND FLAG OFFICER POSI6 TIONS.—(1) Section 10502 of such title is amended—

7 (A) by striking subsection (b); and 

8 (B) by redesignating subsections (c) and (d) as 

9 subsections (b) and (c), respectively. 

10 (2) Subsection (a) of section 10505 of such title is 

11 amended—

12 (A) by striking paragraph (3); and 

13 (B) by redesignating paragraph (4) as para14 graph (3). 

15 (3) Subsection (c) of section 3038 of such title is 

16 amended to read as follows: 

17 ‘‘(c) GRADE.—The Chief of Army Reserve, while so 

18 serving, holds the grade of lieutenant general.’’. 

19 (4) Subsection (c) of section 5143 of such title is 

20 amended to read as follows: 

21 ‘‘(c) GRADE.—The Chief of Naval Reserve, while so 

22 serving, holds the grade of vice admiral.’’. 

23 (5) Subsection (c) of section 5144 of such title is 

24 amended to read as follows: 
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1 ‘‘(c) GRADE.—The Commander, Marine Forces Re2 serve, while so serving, holds the grade of lieutenant gen3 eral.’’. 

4 (6) Subsection (c) of section 8038 of such title is 

5 amended to read as follows: 

6 ‘‘(c) GRADE.—(1) The Chief of Air Force Reserve, 

7 while so serving, holds the grade of lieutenant general.’’. 

8 (7) Paragraph (3) of section 10506(a) of such title 

9 is amended by striking subparagraph (E). 

10 (d) CONFORMING AMENDMENTS.—(1) Section 10214 

11 of such title is amended by striking ‘‘sections 12004(b)(1), 

12 12215, 12642(c), 14507(b), 14508(e), and 14512’’ and 

13 inserting ‘‘sections 12004(b)(1), 12215, 12642(c), and 

14 14507(b)’’. 

15 (2) Section 14514 of such title is amended by striking 

16 ‘‘section 14507, 14508, 14704, or 14705’’ and inserting 

17 ‘‘section 14507, 14704, or 14705’’. 

18 (3) Section 14515 of such title is amended by striking 

19 ‘‘section 14509, 14510, 14511, or 14512’’ and inserting 

20 ‘‘section 14509 or 14511’’. 

21 (4) Section 14702 of such title is amended by striking 

22 ‘‘section 14506, 14507, or 14508’’ and inserting ‘‘section 

23 14506 or 14507’’. 

24 (5) Section 14705 of such title is repealed. 
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1 (6) The table of sections at the beginning of chapter 

2 1407 of such title is amended—

3 (A) by amending the item relating to section 

4 14511 to read as follows:

‘‘14511. Separation at age 68: reserve officers in grades above colonel or Navy 

captain’’;

5 and 

6 (B) by striking the items relating to sections 

7 14508, 14510, and 14512. 

8 (7) Subsection (a) of section 324 of title 32, United 

9 States Code, is amended by striking ‘‘An officer’’ and in10 serting ‘‘Except as provided in section 14511 of title 10, 

11 an officer’’. 

12 SEC. 528. EXPANDED USE OF RESERVE COMPONENT MEM13 BERS TO PERFORM DEVELOPMENTAL TEST14 ING AND NEW EQUIPMENT TRAINING. 

15 (a) REIMBURSEMENT.—The Secretary of the Army 

16 may transfer from funds available to support an acquisi17 tion program the amount necessary to reimburse the ap18 propriate reserve component military personnel account 

19 for costs charged that account for military pay and allow20 ances in connection with the demonstration program de21 scribed in subsection (b). 

22 (b) DEMONSTRATION PROGRAM.—(1) A demonstra23 tion program under this section shall evaluate—
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1 (A) cost savings and other benefits that may re2 sult from the use of members of the reserve compo3 nents to perform test, evaluation, and related activi4 ties for an acquisition program, rather than the use 

5 of contractor personnel for such purposes; and 

6 (B) the use of appropriations available for 

7 multi-year research, development, testing and eval8 uation and procurement to reimburse reserve compo9 nents for the pay, allowances, and expenses incurred 

10 when such members perform duties to conduct ac11 quisition, logistics, and new equipment training ac12 tivities in connection with the demonstration pro13 gram. 

14 (2) Nothing in this section authorizes a deviation 

15 from established Reserve and National Guard personnel 

16 and training procedures. 

17 (c) LIMITATION ON AMOUNT.—Not more than 

18 $10,000,000 may be transferred under this section during 

19 each year of the demonstration program. 

20 (d) MERGER OF TRANSFERRED FUNDS.—Funds 

21 transferred to an account under this section shall be 

22 merged with other sums in the account and shall be avail23 able for the same period and purposes as the sums with 

24 which merged. 
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1 (e) RELATIONSHIP TO OTHER TRANSFER AUTHOR2 ITY.—The transfer authority under this section is in addi3 tion to any other transfer authority. 

4 (f) TERMINATION.—The demonstration program 

5 under this section shall terminate on September 30, 2009.

6 Subtitle C—ROTC and Military 

7 Service Academies 

8 SEC. 531. INSTITUTIONS OF HIGHER EDUCATION THAT 

9 PREVENT ROTC ACCESS OR MILITARY RE10 CRUITING ON CAMPUS; EQUAL TREATMENT 

11 WITH OTHER EMPLOYERS. 

12 Section 983(b)(1) of title 10, United States Code, is 

13 amended by striking ‘‘; or’’ at the end and inserting ‘‘, 

14 that is at least equal in quality and scope to that provided 

15 to any other employer; or’’. 

16 SEC. 532. BOARD OF VISITORS; UNITED STATES AIR FORCE 

17 ACADEMY; UNITED STATES MILITARY ACAD18 EMY; UNITED STATES NAVAL ACADEMY. 

19 (a) UNITED STATES AIR FORCE ACADEMY.—Section 

20 9355 of title 10, United States Code, is amended to read 

21 as follows: 

22 ‘‘§ 9355. Board of Visitors 

23 ‘‘(a) A Board of Visitors to the Academy is con24 stituted annually of—
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1 ‘‘(1) two members of the Senate designated by 

2 the Vice President or the President pro tempore of 

3 the Senate; 

4 ‘‘(2) one person, who is not a member of the 

5 Senate, as designated by the Vice President or the 

6 President pro tempore of the Senate; 

7 ‘‘(3) three members of the House of Represent8 atives designated by the Speaker of the House of 

9 Representatives; 

10 ‘‘(4) one person, who is not a member of the 

11 House of Representatives, designated by the Speaker 

12 of the House of Representatives; and 

13 ‘‘(5) eight persons designated by the President, 

14 or his designee. 

15 ‘‘(b) All Board members will pledge full participation 

16 in executing their responsibilities to the Board. The per17 sons designated by the President serve for three years 

18 each except that any member whose term of office has ex19 pired shall continue to serve until his successor is ap20 pointed. The President shall designate replacement mem21 bers each year to succeed the members appointed by the 

22 President whose terms expire that year. At least two per23 sons designated by the President shall be graduates of the 

24 Air Force Academy. 
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1 ‘‘(c) If a member of the Board dies or resigns, a suc2 cessor shall be designated for the unexpired portion of the 

3 term by the official who designated the member. If a mem4 ber fails to attend or fully participate in two successive 

5 Board meetings, Board membership will be automatically 

6 terminated, unless granted prior excusal from those meet7 ings, for good cause, by the Board Chairman. 

8 ‘‘(d) When possible, the Board should meet at least 

9 four times a year, with at least two of those meetings at 

10 the Academy. The Board or its members may make other 

11 visits to the Academy in connection with the duties of the 

12 Board. 

13 ‘‘(e) Board meetings should last at least one full day. 

14 The Board shall inquire into the morale, discipline, and 

15 social climate, the curriculum, instruction, physical equip16 ment, fiscal affairs, academic methods, and other matters 

17 relating to the Academy which the Board decides to con18 sider and receive candid and complete disclosure, con19 sistent with applicable laws concerning disclosure of infor20 mation, by the Secretary of the Air Force and Academy 

21 Superintendent of all institutional problems, and to rec22 ommend appropriate action. Board members shall have 

23 unfettered access to Academy grounds and cadets. 

24 ‘‘(f) Within 30 days after any meeting, the Board 

25 shall submit a written report to the Secretary of Defense, 
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1 through the Secretary of the Air Force, with its views and 

2 recommendations pertaining to the Academy. 

3 ‘‘(g) Upon approval by the Secretary, the Board may 

4 call in advisers for consultation. 

5 ‘‘(h) While performing duties, each member of the 

6 Board and each adviser shall be reimbursed under Govern7 ment travel regulations for travel expenses.’’. 

8 (b) UNITED STATES MILITARY ACADEMY.—Section 

9 4355 of such title is amended to read as follows: 

10 ‘‘§ 4355. Board of Visitors 

11 ‘‘(a) A Board of Visitors to the Academy is con12 stituted annually of—

13 ‘‘(1) two members of the Senate designated by 

14 the Vice President or the President pro tempore of 

15 the Senate; 

16 ‘‘(2) one person, who is not a member of the 

17 Senate, as designated by the Vice President or the 

18 President pro tempore of the Senate; 

19 ‘‘(3) three members of the House of Represent20 atives designated by the Speaker of the House of 

21 Representatives; 

22 ‘‘(4) one person, who is not a member of the 

23 House of Representatives, designated by the Speaker 

24 of the House of Representatives; and 
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1 ‘‘(5) eight persons designated by the President, 

2 or his designee. 

3 ‘‘(b) All Board members will pledge full participation 

4 in executing their responsibilities to the Board. The per5 sons designated by the President serve for three years 

6 each except that any member whose term of office has ex7 pired shall continue to serve until his successor is ap8 pointed. The President shall designate replacement mem9 bers each year to succeed the members appointed by the 

10 President whose terms expire that year. At least two per11 sons designated by the President shall be graduates of the 

12 United States Military Academy. 

13 ‘‘(c) If a member of the Board dies or resigns, a suc14 cessor shall be designated for the unexpired portion of the 

15 term by the official who designated the member. If a mem16 ber fails to attend or fully participate in two successive 

17 Board meetings, Board membership will be automatically 

18 terminated, unless granted prior excusal from those meet19 ings, for good cause, by the Board Chairman. 

20 ‘‘(d) When possible, the Board should meet at least 

21 four times a year, with at least two of those meetings at 

22 the Academy. The Board or its members may make other 

23 visits to the Academy in connection with the duties of the 

24 Board. 
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1 ‘‘(e) Board meetings should last at least one full day. 

2 The Board shall inquire into the morale, discipline, and 

3 social climate, the curriculum, instruction, physical equip4 ment, fiscal affairs, academic methods, and other matters 

5 relating to the Academy which the Board decides to con6 sider and receive candid and complete disclosure, con7 sistent with applicable laws concerning disclosure of infor8 mation, by the Secretary of the Army and Academy Super9 intendent of all institutional problems, and to recommend 

10 appropriate action. Board members shall have unfettered 

11 access to Academy grounds and cadets. 

12 ‘‘(f) Within 30 days after any meeting, the Board 

13 shall submit a written report to the Secretary of Defense, 

14 through the Secretary of the Army, with its views and rec15 ommendations pertaining to the Academy. 

16 ‘‘(g) Upon approval by the Secretary, the Board may 

17 call in advisers for consultation. 

18 ‘‘(h) While performing duties, each member of the 

19 Board and each adviser shall be reimbursed under Govern20 ment travel regulations for travel expenses.’’. 

21 (c) UNITED STATES NAVAL ACADEMY.—Section 

22 6968 of such title is amended to read as follows: 

23 ‘‘§ 6968. Board of Visitors 

24 ‘‘(a) A Board of Visitors to the Naval Academy is 

25 constituted annually of—
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1 ‘‘(1) two members of the Senate designated by 

2 the Vice President or the President pro tempore of 

3 the Senate; 

4 ‘‘(2) one person, who is not a member of the 

5 Senate, as designated by the Vice President or the 

6 President pro tempore of the Senate; 

7 ‘‘(3) three members of the House of Represent8 atives designated by the Speaker of the House of 

9 Representatives; 

10 ‘‘(4) one person, who is not a member of the 

11 House of Representatives, designated by the Speaker 

12 of the House of Representatives; and 

13 ‘‘(5) eight persons designated by the President, 

14 or his designee. 

15 ‘‘(b) All Board members will pledge full participation 

16 in executing their responsibilities to the Board. The per17 sons designated by the President serve for three years 

18 each except that any member whose term of office has ex19 pired shall continue to serve until his successor is ap20 pointed. The President shall designate replacement mem21 bers each year to succeed the members appointed by the 

22 President whose terms expire that year. At least two per23 sons designated by the President shall be graduates of the 

24 United States Naval Academy. 
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1 ‘‘(c) If a member of the Board dies or resigns, a suc2 cessor shall be designated for the unexpired portion of the 

3 term by the official who designated the member. If a mem4 ber fails to attend or fully participate in two successive 

5 Board meetings, Board membership will be automatically 

6 terminated, unless granted prior excusal from those meet7 ings, for good cause, by the Board Chairman.

8 ‘‘(d) When possible, the Board should meet at least 

9 four times a year, with at least two of those meetings at 

10 the Academy. The Board or its members may make other 

11 visits to the Academy in connection with the duties of the 

12 Board. 

13 ‘‘(e) Board meetings should last at least one full day. 

14 The Board shall inquire into the morale, discipline, and 

15 social climate, the curriculum, instruction, physical equip16 ment, fiscal affairs, academic methods, and other matters 

17 relating to the Academy which the Board decides to con18 sider and receive candid and complete disclosure, con19 sistent with applicable laws concerning disclosure of infor20 mation, by the Secretary of the Navy and Academy Super21 intendent of all institutional problems, and to recommend 

22 appropriate action. Board members shall have unfettered 

23 access to Academy grounds and cadets. 

24 ‘‘(f) Within 30 days after any meeting, the Board 

25 shall submit a written report to the Secretary of Defense, 
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1 through the Secretary of the Navy, with its views and rec2 ommendations pertaining to the Academy. 

3 ‘‘(g) Upon approval by the Secretary, the Board may 

4 call in advisers for consultation. 

5 ‘‘(h) While performing duties, each member of the 

6 Board and each adviser shall be reimbursed under Govern7 ment travel regulations for travel expenses.’’. 

8 SEC. 533. DEAN OF THE FACULTY; DEAN OF ACADEMIC 

9 BOARD. 

10 (a) UNITED STATES AIR FORCE ACADEMY.—Section 

11 9335 of title 10, United States Code, is amended to read 

12 as follows: 

13 ‘‘§ 9335. Dean of the Faculty 

14 ‘‘(a) There shall be a Dean of the Faculty at the 

15 Academy responsible to the Superintendent for developing 

16 and sustaining the curriculum and overseeing the faculty. 

17 Notwithstanding any other provision in law, the qualifica18 tions, selection procedures, training, retention, and deter19 minations of appropriate pay grade of the Dean of Faculty 

20 shall be prescribed by the Secretary of the Air Force. Can21 didates for Dean of Faculty shall be serving officers or 

22 retired or former officers with terminal degrees. The Dean 

23 may be either a military officer or a civilian. 

24 ‘‘(b) While serving as Dean of the Faculty, an officer 

25 incumbent who holds a grade lower than brigadier general 
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1 shall hold the grade of brigadier general, if appointed to 

2 that grade by the President, by and with the advice and 

3 consent of the Senate. The retirement age of an officer 

4 so appointed is that of a permanent professor of the Acad5 emy. An officer so appointed is counted for purposes of 

6 the limitation in section 526(a) of this title on general offi7 cers of the Air Force on active duty. A civilian incumbent 

8 will be designated as a member of the Senior Executive 

9 Service.’’. 

10 (b) UNITED STATES MILITARY ACADEMY.—Section 

11 4335 of such title is amended to read as follows:–

12 ‘‘§ 4335. Dean of Academic Board 

13 ‘‘(a) There shall be a Dean of the Academic Board 

14 at the Academy responsible to the Superintendent for de15 veloping and sustaining the curriculum and overseeing the 

16 faculty. Notwithstanding any other provision in law, the 

17 qualifications, selection procedures, training, retention, 

18 and determinations of appropriate pay grade of the Dean 

19 of the Academic Board shall be prescribed by the Sec20 retary of the Army. Candidates for Dean of Faculty shall 

21 be serving officers or retired or former officers with ter22 minal degrees. The Dean may be either a military officer 

23 or a civilian. 

24 ‘‘(b) While serving as Dean of the Academic Board, 

25 an officer incumbent who holds a grade lower than briga-
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1 dier general shall hold the grade of brigadier general, if 

2 appointed to that grade by the President, by and with the 

3 advice and consent of the Senate. The retirement age of 

4 an officer so appointed is that of a permanent professor 

5 of the Academy. An officer so appointed is counted for 

6 purposes of the limitation in section 526(a) of this title 

7 on general officers of the Army on active duty. A civilian 

8 incumbent will be designated as a member of the Senior 

9 Executive Service.’’. 

10 SEC. 534. REPEAL OF REQUIREMENT THAT MILITARY 

11 ACADEMY SUPERINTENDENTS RETIRE AFTER 

12 ASSIGNMENT. 

13 (a) REPEAL.—Sections 3921, 4333a, 6371, 6951a, 

14 8921 and 9333a of title 10, United States Code, are re15 pealed. 

16 (b) CLERICAL AMENDMENTS.—

17 (1) The table of sections at the beginning of 

18 chapter 367 of such title is amended by striking the 

19 item relating to section 3921. 

20 (2) The table of sections at the beginning of 

21 chapter 403 of such title is amended by striking the 

22 item relating to section 4333a. 

23 (3) The table of sections at the beginning of 

24 chapter 573 of such title is amended by striking the 

25 item relating to section 6371. 
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1 (4) The table of sections at the beginning of 

2 chapter 603 of such title is amended by striking the 

3 item relating to section 6951a. 

4 (5) The table of sections at the beginning of 

5 chapter 867 of such title is amended by striking the 

6 item relating to section 8921. 

7 (6) The table of sections at the beginning of 

8 chapter 903 of such title is amended by striking the 

9 item relating to section 9333a. 

10 Subtitle D—Other Military 

11 Education and Training Matters 

12 SEC. 541. EDUCATION LOAN REPAYMENTS FOR HEALTH 

13 PROFESSIONS OFFICERS OF THE RESERVE 

14 COMPONENTS. 

15 Section 16302(a)(5) of title 10, United States Code, 

16 is amended by inserting ‘‘a basic professional qualifying 

17 degree (as determined under regulations issued by the 

18 Secretary of Defense) or graduate education in’’ after ‘‘re19 garding’’. 

20 SEC. 542. CONFERRAL OF DEGREES TO GRADUATES OF THE 

21 COMMUNITY COLLEGE OF THE AIR FORCE. 

22 (a) AUTHORITY TO CONFER DEGREES.—Section 

23 9315(c) of title 10, United States Code, is amended—
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1 (1) in paragraph (1), by striking ‘‘Air Edu2 cation and Training Command of the Air Force’’ 

3 and inserting ‘‘Air University’’; and 

4 (2) in paragraph (2), by striking ‘‘Air Edu5 cation and Training Command of the Air Force’’ 

6 and inserting ‘‘Air University’’. 

7 (b) Section 9317 of such title is amended—

8 (1) in the section heading, by striking ‘‘grad9 uate-level degrees’’ and inserting ‘‘graduate 

10 and associate-level degrees’’; 

11 (2) by striking ‘‘and’’ at the end of paragraph 

12 (2); 

13 (3) by striking the period at the end of para14 graph (3) and inserting ‘‘; and’’; and 

15 (4) by adding at the end the following new 

16 paragraph: 

17 ‘‘(4) an associate level degree upon graduates of 

18 the Community College of the Air Force.’’. 

19 (c) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 901 of such title is amended 

21 by striking the item relating to section 9317 and inserting 

22 the following:

‘‘9317. Air University: graduate and associate-level degrees’’.
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1 SEC. 543. THREE YEAR EDUCATIONAL LEAVE OF ABSENCE. 

2 Section 708(a) of title 10, United States Code, is 

3 amended by striking ‘‘two years’’ and inserting ‘‘three 

4 years’’. 

5 SEC. 544. LENGTH OF PHASE II JOINT PROFESSIONAL MILI6 TARY EDUCATION. 

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

8 amended by striking subsection (e). 

9 SEC. 545. CHANGING THE TITLES OF THE HEADS OF THE 

10 NAVAL POSTGRADUATE SCHOOL. 

11 (a) PRESIDENT OF THE NAVAL POSTGRADUATE

12 SCHOOL.—(1) Section 7042 of title 10, United States 

13 Code, is amended—

14 (A) by striking ‘‘Superintendent’’ in the 

15 section heading and inserting ‘‘President’’; and 

16 (B) by striking ‘‘Superintendent’’ each place it 

17 appears and inserting ‘‘President’’; 

18 (2) Section 7044 of such title is amended by striking 

19 ‘‘Superintendent’’ and inserting ‘‘President’’; 

20 (3) Subsection 7048(a) of such title is amended by 

21 striking ‘‘Superintendent’’ and inserting ‘‘President’’; and 

22 (4) Subsection 7049(e) of such title is amended by 

23 striking ‘‘Superintendent’’ and inserting ‘‘President’’. 

24 (b) PROVOST AND ACADEMIC DEAN.—(1) Section 

25 7043 of title 10, United States Code, is amended—
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1 (A) by amending the section heading to read as 

2 follows: 

3 ‘‘§ 7043. Provost and Academic Dean’’;

4 (B) by amending subsection (a) to read as fol5 lows: 

6 ‘‘(a) There is at the Naval Postgraduate School the 

7 single civilian position of Provost and Academic Dean. The 

8 Provost and Academic Dean shall be appointed, to serve 

9 for periods of not more than five years, by the Secretary 

10 of the Navy after consultation with the Naval Post11 graduate School Board of Advisors and consideration of 

12 the recommendation of the leadership and faculty of the 

13 Naval Postgraduate School.’’; and 

14 (C) in subsection (b), by striking ‘‘Academic 

15 Dean’’ and inserting ‘‘Provost and Academic Dean’’. 

16 (2) Section 5102(c)(10) of title 5, United States 

17 Code, is amended by striking ‘‘Academic Dean’’ and in18 serting ‘‘Provost and Academic Dean’’. 

19 (3) Section 7081(a) of title 10, United States Code, 

20 is amended by striking ‘‘Academic Dean’’ and inserting 

21 ‘‘Provost and Academic Dean’’. 

22 (c) CLERICAL AMENDMENTS.—The table of sections 

23 at the beginning of chapter 605 of such title is amended 

24 by striking the items related to sections 7042 and 7043 

25 and inserting the following new items:
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‘‘7042. President: assistants. 

‘‘7043. Provost and Academic Dean.’’.

1 SEC. 546. NEW MISSION STATEMENT AND EXPANDED ELIGI2 BILITY FOR ENLISTED PERSONNEL AT THE 

3 NAVAL POSTGRADUATE SCHOOL. 

4 (a) COMBAT RELATED FOCUS OF THE NAVAL POST5 GRADUATE SCHOOL.—(1) Section 7041 of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 7041. Function 

8 ‘‘There is a United States Naval Postgraduate School 

9 that provides advanced instruction, and technical and pro10 fessional education to military members to enhance com11 bat effectiveness and our national security.’’. 

12 (2) Section 7042(b)(1) of such title is amended by 

13 striking ‘‘advanced instruction and technical education’’ 

14 and inserting ‘‘advanced instruction, and technical and 

15 professional education’’. 

16 (b) EXPANDED ELIGIBILITY FOR ENLISTED PER17 SONNEL.—Section 7045 of such title is amended—

18 (1) by striking ‘‘Officers of the armed 

19 forces; enlisted members’’ in the section head20 ing and inserting ‘‘Members of the other 

21 armed forces’’; 

22 (2) by striking ‘‘officers’’ each place it appears 

23 and inserting ‘‘members’’; and 

24 (3) in subsection (a)—
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1 (A) by striking ‘‘(1)’’; and 

2 (B) by striking paragraph (2). 

3 (c) REIMBURSEMENT OF COSTS.—Subsection (b) of 

4 such section is amended—

5 (1) by striking paragraph (2); and 

6 (2) by redesignating paragraph (3) as para7 graph (2). 

8 (d) RECIPROCAL AGREEMENTS.—Section 7047 of 

9 such title is amended by striking ‘‘an officer’’ and insert10 ing ‘‘a member’’. 

11 (e) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of chapter 605 of such title is amended 

13 by striking the item relating to section 7045 and inserting 

14 the following:

‘‘7045. Members of other armed forces: admission.’’

15 Subtitle E—Administrative Matters 

16 SEC. 551. ANNUAL REPORT TO CONGRESS CONCERNING 

17 JOINT OFFICER MANAGEMENT. 

18 Section 667 of title 10, United States Code, is 

19 amended to read as follows: 

20 ‘‘§ 667. Annual report to Congress 

21 ‘‘The Secretary of Defense shall include in the annual 

22 report of the Secretary to Congress under section 113(c) 

23 of this title, for the period covered by the report, the fol24 lowing information (which shall be shown for the Depart-
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1 ment of Defense as a whole and separately for the Army, 

2 Navy, Air Force, and Marine Corps): 

3 ‘‘(1) The number of joint specialty officers, re4 ported by grade and by branch or specialty. 

5 ‘‘(2) An assessment of the extent to which the 

6 Secretary of each military department is assigning 

7 personnel to joint duty assignments in accordance 

8 with this chapter and the policies, procedures, and 

9 practices established by the Secretary of Defense 

10 under section 661(a) of this title. 

11 ‘‘(3) The number of waivers granted under sec12 tion 619a(b)(1) of this title for officers in the grade 

13 of colonel or, in the case of the Navy, captain, for 

14 each of the years preceding the year in which the re15 port is submitted. 

16 ‘‘(4) The officers whose service in joint duty as17 signments during the year covered by the report ter18 minated before the officers completed the full tour of 

19 duty in those assignments, expressed as a percent of 

20 the total number of officers in joint duty assign21 ments during that year. 

22 ‘‘(5) The percentage of fill of student quotas for 

23 each course of the National Defense University for 

24 the year covered by the report. 
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1 ‘‘(6) A list of the joint task force headquarters 

2 in which service was approved for crediting as a 

3 joint duty assignment for the year covered by the re4 port. 

5 ‘‘(7) A comparison of the promotion rates for 

6 officers serving in or who have served in joint duty 

7 assignments and were considered for promotion 

8 within the promotion zone, with the promotion rates 

9 for other officers in the same grade and the same 

10 competitive category who are serving in the armed 

11 force concerned and were considered for promotion 

12 within the promotion zone. 

13 ‘‘(8) If any of the comparisons in paragraph (7) 

14 indicate that the promotion rates for officers fail to 

15 meet the objective set forth in section 662(a) of this 

16 title, information on the failure and on what action 

17 the Secretary has taken or plans to take to prevent 

18 further failures. 

19 ‘‘(9) Any other information relating to joint of20 ficer management that the Secretary of Defense con21 siders significant.’’. 

22 SEC. 552. REVISED DEFINITIONS APPLICABLE TO JOINT 

23 DUTY. 

24 Section 668 of title 10, United States Code, is 

25 amended— 
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1 (1) in subsection (b)(2), by striking ‘‘The Sec2 retary shall publish a list showing’’ and inserting 

3 ‘‘The Secretary shall publish a Joint Duty Assign4 ment List that will show’’; and 

5 (2) in subsection (c), by striking ‘‘a tour of 

6 duty in which an officer serves in more than one 

7 joint duty assignment within the same organization 

8 without a break between such assignments shall be 

9 considered to be a single tour of duty in a joint duty 

10 assignment’’ and inserting ‘‘a single tour of duty for 

11 the purpose of awarding joint duty credit can be de12 fined as one in which the officer serves consecutive 

13 tours in joint duty assignment positions that award 

14 joint duty credit, or service as otherwise prescribed 

15 by the Secretary of Defense’’.

16 Subtitle F—Military Justice 

17 Matters 

18 SEC. 561. WAIVE TIME LOST WHEN A MEMBER IS ACQUIT19 TED, RELEASED WITHOUT TRIAL, OR HAS HIS 

20 CONVICTION SET-ASIDE OR REVERSED ON 

21 APPEAL. 

22 Section 972 of title 10, United States Code, is 

23 amended—
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1 (1) in subsection (a)(3), by inserting ‘‘, unless 

2 the confinement is excused as unavoidable’’ after 

3 ‘‘the trial’’; and 

4 (2) in subsection (b)(3), by inserting ‘‘, unless 

5 the confinement is excused as unavoidable’’ after 

6 ‘‘the trial’’. 

7 SEC. 562. CHANGE IN UNIFORM CODE OF MILITARY JUS8 TICE RELATING TO BLOOD ALCOHOL CON9 CENTRATION. 

10 Subsection (b) of section 911 of title 10, United 

11 States Code, is amended by striking ‘‘0.10’’ in the two 

12 places it appears and inserting ‘‘0.08’’. 

13 Subtitle G—Benefits 

14 SEC. 571. IMMEDIATE LUMP SUM REIMBURSEMENT FOR 

15 UNUSUAL NONRECURRING EXPENSES OUT16 SIDE THE CONTINENTAL UNITED STATES. 

17 Section 405 of title 37, United States Code, is 

18 amended by adding at the end the following new sub19 section: 

20 ‘‘(d) NONRECURRING EXPENSES.—In addition to the 

21 per diem paid under subsection (a), the Secretaries con22 cerned may reimburse members for actual nonrecurring 

23 expenses incurred incident to being on duty outside of the 

24 United States or in Hawaii or Alaska. The nonrecurring 

25 expenses which may be reimbursed are expenses directly 
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1 related to the conditions or location of the assignment ei2 ther of a nature or a magnitude not normally incurred 

3 by members assigned inside the continental United States 

4 and not included in the per diem paid under subsection 

5 (b).’’. 

6 SEC. 572. REPEAL OF REQUIREMENT TO PAY SUBSISTENCE 

7 CHARGES WHILE HOSPITALIZED. 

8 Section 1075 of title 10, United States Code, is re9 pealed. 

10 Subtitle H—Other Matters 

11 SEC. 581. ALTERNATE INITIAL MILITARY SERVICE OBLIGA12 TION FOR PERSONS WITH SPECIALIZED 

13 SKILLS. 

14 Subsection (a) of section 651 of title 10, United 

15 States Code, is amended to read as follows: 

16 ‘‘(a)(1) Each person who becomes a member of an 

17 armed force, other than a person described in paragraph 

18 (2), shall serve in the armed forces for a total initial period 

19 of not less than six years nor more than eight years, as 

20 provided in regulations prescribed by the Secretary of De21 fense for the armed forces under his jurisdiction and by 

22 the Secretary of Homeland Security for the Coast Guard 

23 when it is not operating as a service in the Navy, unless 

24 such person is sooner discharged under such regulations 

25 because of personal hardship. Any part of such service 
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1 that is not active duty or that is active duty for training 

2 shall be performed in a reserve component. 

3 ‘‘(2) A person is not subject to paragraph (1) if that 

4 person—

5 ‘‘(A) is deferred under the next to the last sen6 tence of section 6(d)(1) of the Military Selective 

7 Service Act (50 U.S.C. App. 456(d)(1)); or 

8 ‘‘(B) is accessed into the armed forces based on 

9 unique skills acquired in a civilian occupation, as de10 termined by the Secretary concerned, and will serve 

11 in a specialty requiring those skills.’’. 

12 SEC. 582. BASIC TRAINING REQUIREMENT FOR CERTAIN 

13 MEMBERS WITH SPECIALIZED SKILLS. 

14 Paragraph (1) of section 671(c) of title 10, United 

15 States Code, is amended to read as follows: 

16 ‘‘(1) Under regulations prescribed under paragraph 

17 (2), a period of basic training (or equivalent training) 

18 shorter than 12 weeks may be established by the Secretary 

19 concerned for members of the armed forces who—

20 ‘‘(A) have been credentialed in a medical pro21 fession or occupation and are serving in a health22 care occupational specialty; or 

23 ‘‘(B) have unique skills acquired in a civilian 

24 occupation, as determined by the Secretary con-
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1 cerned, and will serve in a military specialty or posi2 tion requiring those skills. 

3 Any such period shall be established under regulations 

4 prescribed under paragraph (2) and may be established 

5 notwithstanding section 4(a) of the Military Selective 

6 Service Act (50 U.S.C. App. 454(a)).’’. 

7 SEC. 583. ELIMINATE MANDATORY TERMS OF OFFICE FOR 

8 CERTAIN GENERAL AND FLAG STAFF OFFI9 CERS. 

10 (a) ARMY.—

11 (1) CHIEFS OF BRANCHES.—Section 3036 of 

12 title 10, United States Code, is amended—

13 (A) by repealing subsection (c); and 

14 (B) by redesignating subsections (d) and 

15 (e) as subsections (c) and (d), respectively. 

16 (2) JUDGE ADVOCATE GENERAL AND ASSIST17 ANT JUDGE ADVOCATE GENERAL.—Section 3037(a) 

18 of such title is amended by striking ‘‘An officer ap19 pointed as the Judge Advocate General or Assistant 

20 Judge Advocate General normally holds office for 

21 four years. However, the President may terminate or 

22 extend the appointment at any time.’’. 

23 (3) DEPUTY AND ASSISTANT CHIEFS OF

24 BRANCHES.—Section 3039(a) of such title is amend-
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1 ed by striking ‘‘for a tour of duty of not more than 

2 four years,’’. 

3 (4) CHIEF OF ARMY NURSE CORPS.—Section 

4 3069(b) of such title is amended by striking ‘‘, but 

5 not for more than four years, and may not be re6 appointed to the same position’’. 

7 (5) CHIEF OF THE ARMY MEDICAL SPECIALIST

8 CORPS.—Section 3070(b) of such title is amended by 

9 striking ‘‘, but not for more than four years, and 

10 may not be reappointed’’. 

11 (b) NAVY/MARINE CORPS.—

12 (1) CHIEF OF THE BUREAU OF MEDICINE AND

13 SURGERY.—Section 5137(a) of such title is amended 

14 by striking ‘‘for a term of four years,’’. 

15 (2) CHIEF OF THE BUREAU OF NAVAL PER16 SONNEL.—Section 5141(a) of such title is amended 

17 by striking ‘‘for a term of four years,’’. 

18 (3) CHIEF OF CHAPLAINS.—Subsection (c) of 

19 section 5142 of such title is repealed. 

20 (4) JUDGE ADVOCATE GENERAL.—Section 

21 5148(b) of such title is amended by striking ‘‘, for 

22 a term of four years’’. 

23 (5) DIRECTOR OF THE NURSE CORPS OR DIREC24 TOR OF THE MEDICAL SERVICE CORPS.—Section 
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1 5150(c) of such title is amended by striking ‘‘for a 

2 term of four years,’’. 

3 (c) AIR FORCE JUDGE ADVOCATE GENERAL AND

4 DEPUTY JUDGE ADVOCATE GENERAL.—Section 8037(a) 

5 of such title is amended—

6 (1) in subsection (a), by striking ‘‘The term of 

7 office is four years, but may be sooner terminated 

8 or extended by the President.’’; and 

9 (2) in subsection (d)(1), by striking ‘‘The term 

10 of office of the Deputy Judge Advocate General is 

11 four years, but may be sooner terminated or ex12 tended by the President.’’. 

13 SEC. 584. PROHIBIT COURT ORDERED PAYMENTS BEFORE 

14 RETIREMENT BASED ON IMPUTATION OF RE15 TIRED PAY. 

16 (a) IN GENERAL.—Section 1408(c)(3) of title 10, 

17 United States Code, is amended—

18 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

19 (2) by adding at the end the following new sub20 paragraph: 

21 ‘‘(B) Notwithstanding any other provision of law, a 

22 court may not order a member to make payments based 

23 upon an imputation of a property interest in future retired 

24 pay of any kind to a spouse or former spouse before the 

25 date of the member’s actual retirement.’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply to final court orders or court 

3 orders seeking enforcement of prior final decrees issued 

4 on or after the enactment of this Act. 

5 TITLE VI—COMPENSATION AND 

6 OTHER PERSONNEL BENEFITS 

7 Subtitle A—Pay and Allowances 

8 SEC. 601. TERMINATION OF ASSIGNMENT INCENTIVE PAY 

9 FOR MEMBERS ON TERMINAL LEAVE. 

10 Paragraph (e) of section 307a of title 37, United 

11 States Code, is amended by inserting before the period at 

12 the end the following: ‘‘, other than terminal leave when 

13 the member will not be returning to the assignment’’. 

14 SEC. 602. MORE FLEXIBLE RETIREMENT RULES FOR MILI15 TARY OFFICERS. 

16 (a) IN GENERAL.—Section 1370 of title 10, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 1370. Commissioned officers: general rule; excep19 tions 

20 ‘‘(a) RULE FOR RETIREMENT IN HIGHEST GRADE

21 HELD SATISFACTORILY.—(1) Unless entitled to a higher 

22 retired grade under some other provision of law, a commis23 sioned officer (other than a commissioned warrant officer) 

24 of the Army, Navy, Air Force, or Marine Corps who re25 tires under any provision of law other than chapter 61 
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1 or chapter 1223 of this title shall, subject to the criteria 

2 specified under paragraph (2) or (3), be retired in the 

3 highest grade in which he served on active duty satisfac4 torily, as determined by the Secretary concerned. 

5 ‘‘(2) In order to be eligible for voluntary retirement 

6 in a grade at or below the grade of major or lieutenant 

7 commander, a commissioned officer of the Army, Navy, 

8 Air Force, or Marine Corps covered by paragraph (1) 

9 must have served on active duty in that grade for not less 

10 than six months.

11 ‘‘(3)(A) In order to be eligible for voluntary retire12 ment in a grade above major or lieutenant commander and 

13 below brigadier general or rear admiral (lower half), a 

14 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 three years, 

17 except that the Secretary of Defense may authorize the 

18 Secretary concerned to reduce such period to a period not 

19 less than two years. 

20 ‘‘(B) An officer at or above the grade of brigadier 

21 general or rear admiral (lower half) may be retired in the 

22 highest grade in which he served on active duty satisfac23 torily, upon approval by the Secretary concerned and con24 currence by the Secretary of Defense or another civilian 

25 official in the Office of the Secretary of Defense appointed 
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1 by the President, by and with the advice and consent of 

2 the Senate, to which the Secretary of Defense has dele3 gated such authority. 

4 ‘‘(C) The President may waive subparagraph (A) in 

5 individual cases involving extreme hardship or exceptional 

6 or unusual circumstances. The authority of the President 

7 under the preceding sentence may not be delegated. 

8 ‘‘(4) A reserve or temporary officer who is notified 

9 that he will be released from active duty without his con10 sent, and thereafter requests retirement under section 

11 3911, 6323, or 8911 of this title and is retired pursuant 

12 to that request, is considered for purposes of this section 

13 to have been retired involuntarily. An officer retired pur14 suant to section 1186(b)(1) of this title is considered for 

15 purposes of this section to have been retired voluntarily. 

16 ‘‘(b) RETIREMENT IN NEXT LOWER GRADE.—An of17 ficer whose length of service in the highest grade he held 

18 while on active duty does not meet the service in grade 

19 requirements specified in subsection (a) or whose service 

20 on active duty in that grade was not determined to be sat21 isfactory by the Secretary concerned shall be retired in the 

22 next lower grade in which he served on active duty satis23 factorily, as determined by the Secretary concerned, for 

24 not less than six months. 
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1 ‘‘(c) RESERVE OFFICERS.—(1) Unless entitled to a 

2 higher grade, or to credit for satisfactory service in a high3 er grade, under some other provision of law, a person who 

4 is entitled to retired pay under chapter 1223 of this title 

5 shall, upon application under section 12731 of this title, 

6 be credited with satisfactory service in the highest grade 

7 in which that person served satisfactorily at any time in 

8 the armed forces, as determined by the Secretary con9 cerned in accordance with this subsection. 

10 ‘‘(2) In order to be credited with satisfactory service 

11 in an officer grade (other than a warrant officer grade) 

12 below the grade of lieutenant colonel or commander, a per13 son covered by paragraph (1) must have served satisfac14 torily in that grade (as determined by the Secretary con15 cerned) as a reserve commissioned officer in an active sta16 tus, or in a retired status on active duty, for not less than 

17 six months. 

18 ‘‘(3)(A)(i) In order to be credited with satisfactory 

19 service in an officer grade above major or lieutenant com20 mander and below brigadier general or rear admiral (lower 

21 half), a person covered by paragraph (1) must have served 

22 satisfactorily in that grade (as determined by the Sec23 retary concerned) as a reserve commissioned officer in an 

24 active status, or in a retired status on active duty, for not 

25 less than three years, except that the Secretary of Defense 
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1 may authorize the Secretary concerned to reduce such pe2 riod to a period not less than two years. 

3 ‘‘(ii) An officer at or above the grade of lieutenant 

4 general or vice admiral may be retired in the highest grade 

5 in which he served satisfactorily, upon approval by the 

6 Secretary concerned and concurrence by the Secretary of 

7 Defense or another civilian official in the Office of the Sec8 retary of Defense appointed by the President, by and with 

9 the advice and consent of the Senate, to which the Sec10 retary of Defense has delegated such authority. 

11 ‘‘(B) A person covered by subparagraph (A)(i) who 

12 has completed at least six months of satisfactory service 

13 in grade and is transferred from an active status or dis14 charged as a reserve commissioned officer solely due to 

15 the requirements of a nondiscretionary provision of law 

16 requiring that transfer or discharge due to the person’s 

17 age or years of service may be credited with satisfactory 

18 service in the grade in which serving at the time of such 

19 transfer or discharge, notwithstanding the failure of the 

20 person to complete three years of service in that grade. 

21 ‘‘(C) To the extent authorized by the Secretary con22 cerned, a person who, after having been recommended for 

23 promotion in a report of a promotion board but before 

24 being promoted to the recommended grade, served in a 

25 position for which that grade is the minimum authorized 
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1 grade may be credited for purposes of subparagraph (A)(i) 

2 as having served in that grade for the period for which 

3 the person served in that position while in the next lower 

4 grade. The period credited may not include any period be5 fore the date on which the Senate provides advice and con6 sent for the appointment of that person in the rec7 ommended grade. 

8 ‘‘(D) To the extent authorized by the Secretary con9 cerned, a person who, after having been found qualified 

10 for Federal recognition in a higher grade by a board under 

11 section 307 of title 32, serves in a position for which that 

12 grade is the minimum authorized grade and is appointed 

13 as a reserve officer in that grade may be credited for the 

14 purposes of subparagraph (A)(i) as having served in that 

15 grade. The period of the service for which credit is af16 forded under the preceding sentence may only be the pe17 riod for which the person served in the position after the 

18 Senate provides advice and consent for the appointment. 

19 ‘‘(4) A person whose length of service in the highest 

20 grade held does not meet the service in grade requirements 

21 specified in this subsection shall be credited with satisfac22 tory service in the next lower grade in which that person 

23 served satisfactorily (as determined by the Secretary con24 cerned) for not less than six months.’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to the computation 

3 of retired or retainer pay of any individual who becomes 

4 entitled to that pay on or after the date of enactment of 

5 this Act. 

6 SEC. 603. MORE FLEXIBLE COMPUTATION OF RETIRED PAY 

7 FOR OFFICERS AND SENIOR ENLISTED MEM8 BERS. 

9 (a) MODIFICATION OF RETIRED PAY FORMULAS.—

10 (1) Chapter 71 of title 10, United States Code, is amended 

11 by inserting after section 1401a the following new section: 

12 ‘‘§ 1401b. Maximum multiplier in the computation of 

13 retired pay 

14 ‘‘Notwithstanding any other provision of law that lim15 its retired pay computed under this chapter or under chap16 ter 1223 of this title to a maximum of 75 percent of the 

17 member’s base determined under section 1406 or 1407 of 

18 this title, the maximum amount of retired pay as a per19 centage of such base will be limited as follows: 

20 ‘‘(1) For members retired before October 1, 

21 2003, use limitations prescribed in other sections of 

22 law. 

23 ‘‘(2) For members retired on or after October 

24 1, 2003, use the limitations prescribed in other sec25 tions of law except in the case of—
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1 ‘‘(A) members retired in the grade O-7 and 

2 above with more than 30 years of creditable 

3 service in the computation of the multiplier per4 centage under section 1409 of this title, such 

5 percentage is not limited to 75 percent for any 

6 time served in excess of 30 years otherwise 

7 creditable after October 1, 2003; and 

8 ‘‘(B) members retired in the grades E–8 

9 through O–6, inclusive, with more than 30 

10 years of creditable service in the computation of 

11 the multiplier percentage under section 1409 of 

12 this title, such percentage is not limited to 75 

13 percent for any time served under conditions 

14 authorized such additional credit during a pe15 riod established by the Secretary of Defense.’’. 

16 (2) The table of sections at the beginning of such 

17 chapter is amended by inserting after the item relating 

18 to section 1401a the following new item:

‘‘1401b. Maximum multiplier in the computation of retired pay.’’.

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply with respect to the computation 

21 of retired or retainer pay of any individual who becomes 

22 entitled to that pay on or after the date of enactment of 

23 this Act. 
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1 SEC. 604. ELIMINATE RETIRED PAY LIMIT APPLICABLE TO 

2 GENERAL AND FLAG OFFICERS. 

3 (a) RETIRED PAY BASE FOR MEMBERS WHO FIRST

4 BECAME MEMBERS BEFORE SEPTEMBER 8, 1980.—Sec5 tion 1406 of title 10, United States Code, is amended by 

6 adding at the end the following new subsection: 

7 ‘‘(j) RETIRED PAY BASE.—In the case of a member 

8 at grade O–7 and above, the rates of basic pay used to 

9 compute the pay base prescribed in this section shall be 

10 the rates applicable to the grade or position without re11 gard to any provision of law limiting such pay to the rate 

12 of pay for level III of the Executive Schedule.’’. 

13 (b) RETIRED PAY BASE FOR MEMBERS WHO FIRST

14 BECAME MEMBERS AFTER SEPTEMBER 7, 1980.—Sec15 tion 1407 of such title is amended by adding at the end 

16 the following new subsection:

17 ‘‘(g) RETIRED PAY BASE.—In the case of a member 

18 at grade O–7 and above, the rates of basic pay used to 

19 compute the pay base prescribed in this section shall be 

20 the rates applicable to the grade or position without re21 gard to any provision of law limiting such pay to the rate 

22 of pay for level III of the Executive Schedule.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply with respect to the computation 

25 of retired or retainer pay of any individual who becomes 
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1 entitled to that pay on or after the date of enactment of 

2 this Act. 

3 SEC. 605. GRANT BASIC ALLOWANCE FOR HOUSING WAIV4 ERS FOR 12 MONTHS OR LESS ON PERMA5 NENT CHANGE OF STATION ASSIGNMENTS 

6 THAT ARE PRINCIPALLY FOR EDUCATION OR 

7 TRAINING. 

8 Paragraph (3) of section 403(d) of title 37, United 

9 States Code, is amended by adding at the end the fol10 lowing new subparagraph: 

11 ‘‘(C) Where a member receives a permanent 

12 change of station or permanent change of assign13 ment, within the continental United States, of 12 

14 months duration or less for purposes of participating 

15 in professional military education or training classes, 

16 the amount of the basic allowance for housing for 

17 the member may be based on the area in which the 

18 dependents reside or the member’s last duty station, 

19 whichever the Secretary concerned determines to be 

20 most equitable. The dependents must continue to 

21 live at the member’s last duty station in order to 

22 qualify for the rate based on that area.’’. 
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1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

4 SPECIAL PAYS FOR RESERVE FORCES. 

5 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

6 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

7 302g(f) of title 37, United States Code, is amended by 

8 striking ‘‘December 31, 2004’’ and inserting ‘‘December 

9 31, 2005’’. 

10 (b) SELECTED RESERVE REENLISTMENT BONUS.—

11 Section 308b(f) of such title is amended by striking ‘‘De12 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

13 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec14 tion 308c(e) of such title is amended by striking ‘‘Decem15 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

16 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS17 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

18 308d(c) of such title is amended by striking ‘‘December 

19 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

20 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec21 tion 308e(e) of such title is amended by striking ‘‘Decem22 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

23 (f) READY RESERVE ENLISTMENT AND REENLIST24 MENT BONUS.—Section of 308h(g) of such title is amend-
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1 ed by striking ‘‘December 31, 2004’’ and inserting ‘‘De2 cember 31, 2005’’. 

3 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec4 tion 308i(f) of such title is amended by striking ‘‘Decem5 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

6 (h) REPAYMENT OF EDUCATION LOANS FOR CER7 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE8 LECTED RESERVE.—Section 16302(d) of title 10, United 

9 States Code, is amended by striking ‘‘January 1, 2005’’ 

10 and inserting ‘‘January 1, 2006’’. 

11 SEC. 612. BONUS FOR OFFICERS TO SERVE IN THE SE12 LECTED RESERVE IN A CRITICAL SKILL OR 

13 MANPOWER SHORTAGE. 

14 (a) IN GENERAL.—Chapter 5 of title 37, United 

15 States Code, is amended by adding at the end the fol16 lowing new section: 

17 ‘‘§ 308j. Special pay: bonus for officers to serve in the 

18 Selected Reserve in a critical skill or 

19 manpower shortage 

20 ‘‘(a) BONUS AUTHORIZATION.—The Secretary of De21 fense may pay—

22 ‘‘(1) an affiliation bonus to an officer of an 

23 armed force, including a warrant officer, (other than 

24 an officer who has previously served in the Selected 

25 Reserve or an officer who is entitled to retired pay) 
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1 who executes a written agreement to serve in the Se2 lected Reserve of the Ready Reserve for a period of 

3 not less than three years in a designated critical offi4 cer skill or manpower shortage after being dis5 charged or released from active duty under honor6 able conditions, once the officer affiliates with a unit 

7 or position in the Selected Reserve; and 

8 ‘‘(2) an accession bonus to a person who exe9 cutes a written agreement to accept a commission as 

10 an officer of the armed forces and serve in the Se11 lected Reserve of the Ready Reserve in a designated 

12 critical officer skill for a period of not less than 

13 three years, upon acceptance of the agreement by 

14 the Secretary concerned. 

15 ‘‘(b) DESIGNATION OF CRITICAL OFFICER SHORT16 AGE.—The Secretary concerned shall designate the critical 

17 officer skill shortages and critical manpower shortages for 

18 the purposes of this section. 

19 ‘‘(1) A skill may be designated as a critical offi20 cer skill for an armed force under this subsection 

21 if—

22 ‘‘(A) to meet requirements of the armed 

23 force, it is critical for the armed force to have 

24 a sufficient number of officers who are qualified 

25 in that skill; or 
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1 ‘‘(B) to mitigate a current or projected sig2 nificant shortage of personnel in the armed 

3 force who are qualified in that skill, it is critical 

4 to access into that armed force in sufficient 

5 numbers persons who are qualified in that skill 

6 or are to be trained in that skill. 

7 ‘‘(2) A manpower shortage may be designated 

8 for a current or projected shortage in a unit or over9 all shortage in a pay grade. 

10 ‘‘(c) LIMITATION ON AMOUNT OF BONUS.—The 

11 amount of a bonus under subsection (a) may not exceed 

12 $12,000. 

13 ‘‘(d) PAYMENT METHOD.—Upon acceptance of a 

14 written agreement by the Secretary concerned, the total 

15 amount of the bonus payable under the agreement be16 comes fixed. The agreement shall specify whether the 

17 bonus shall be paid by the Secretary in a lump sum or 

18 installments. 

19 ‘‘(e) RELATION TO OTHER ACCESSION BONUS AU20 THORITY.—An officer or individual may not receive a 

21 bonus under this section and financial assistance under 

22 chapter 1608, 1609 or 1611 of title 10, or under section 

23 302g of this title, for the same period of service. 

24 ‘‘(f) REPAYMENT FOR FAILURE TO COMMENCE OR

25 COMPLETE OBLIGATED SERVICE.—(1) An individual who, 
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1 after receiving all or part of the bonus under an agreement 

2 referred to in subsection (a), does not accept a commission 

3 as an officer or does not commence to or does not satisfac4 torily participate in the Selected Reserve for the total pe5 riod of service specified in the agreement shall repay to 

6 the United States such compensation or benefit, except 

7 under conditions established by the Secretary concerned. 

8 ‘‘(2) The Secretary concerned shall set forth whether 

9 repayment is required in whole or in part, the method for 

10 computing the amount of the repayment, and the condi11 tions under which an exception to the required repayment 

12 would apply.

13 ‘‘(3) An obligation to repay the United States im14 posed under paragraph (1) is for all purposes a debt owed 

15 to the United States. A discharge in bankruptcy under 

16 title 11 that is entered less than five years after the termi17 nation of an agreement entered into under subsection (a) 

18 does not discharge the individual signing the agreement 

19 from a debt arising under such agreement or under para20 graph (1).’’. 

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

22 at the beginning of such chapter is amended by adding 

23 at the end the following new item:

‘‘308j. Special pay: bonus for officers to serve in the Selected Reserve in critical 

skill or manpower shortage.’’.
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1 SEC. 613. CRITICAL SKILLS RETENTION BONUS; ELIGI2 BILITY OF MEMBERS SERVING ON INDEFI3 NITE REENLISTMENT IS INVOLVED. 

4 Section 323(a) of title 37, United States Code, is 

5 amended—

6 (1) in paragraph (1), by striking ‘‘or’’ at the 

7 end; 

8 (2) by striking the period at the end of para9 graph (2) and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(3) in the case of an enlisted member serving 

13 on an indefinite reenlistment, the member executes 

14 a written agreement to remain on active duty for at 

15 least 1 year.’’. 

16 SEC. 614. FOREIGN LANGUAGE PROFICIENCY PAY. 

17 Section 1596a of title 10, United States Code, is 

18 amended—

19 (1) in subsection (a)(2), by striking ‘‘during a 

20 contingency operation supported by the armed 

21 forces’’; and 

22 (2) in subsection (c), by inserting before the pe23 riod at the end the following: ‘‘and shall not be con24 sidered base pay for any purpose’’. 
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1 SEC. 615. REPAYMENT OF UNEARNED PORTIONS OF BO2 NUSES, SPECIAL PAYS, –AND EDUCATIONAL 

3 BENEFITS. 

4 (a) REPAYMENT OF UNEARNED PORTIONS OF BO5 NUSES.—(1) Chapter 5 of title 37, United States Code, 

6 is amended by adding at the end the following new section: 

7 ‘‘§ 327. Repayment of unearned portions of bonuses, 

8 incentives, special pay or similar pay9 ments, or educational benefits or sti10 pends, when conditions of payment not 

11 met 

12 ‘‘(a) IN GENERAL.—A member of the uniformed 

13 services who has received a bonus, incentive, special pay 

14 or similar payment, or an educational benefit or stipend, 

15 and who is, by law, subject to the repayment provisions 

16 of this section shall repay to the United States such com17 pensation or benefit when the member does not meet the 

18 conditions of the pay or benefit, except under conditions 

19 established by the Secretary concerned. 

20 ‘‘(b) REGULATIONS.—The Secretary concerned may 

21 set forth in regulations procedures for determining the 

22 amount of any repayment, and the conditions under which 

23 an exception to the required repayment would apply. The 

24 Secretary concerned may specify in such regulations the 

25 conditions under which any future installment payment of 

26 a bonus, incentive, special pay, or similar payment or ben-
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1 efit will not be made when the member does not meet the 

2 conditions of pay or benefit. For the military departments, 

3 this section shall be administered under regulations pre4 scribed by the Secretary of Defense. 

5 ‘‘(c) DEBT.—An obligation to repay the United 

6 States under subsection (a) is, for all purposes, a debt 

7 owed the United States. 

8 ‘‘(d) EFFECT OF BANKRUPTCY.—A discharge in 

9 bankruptcy under title 11 does not discharge a person 

10 from a debt under this section if the final decree of dis11 charge is entered less than five years after the date of 

12 the termination of the service or the date of the termi13 nation of the agreement on which the debt is based. This 

14 subsection applies to any case commenced under title 11 

15 after March 30, 2005.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sections at 

17 the beginning of such chapter is amended by adding at 

18 the end the following new item:

‘‘327. Repayment of unearned portions of bonuses, incentives, special pay or 

similar payments, or educational benefits or stipends, when 

conditions of payment not met.’’.

19 (b) AVIATION CAREER OFFICER RETENTION

20 BONUS.—Subsection (g) of section 301b of such title is 

21 amended to read as follows: 

22 ‘‘(g) REPAYMENT OF BONUS.—An officer who does 

23 not complete the period of active duty specified in the 

24 agreement entered into under subsection (a) shall be sub-
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1 ject to the repayment provisions of section 327 of this 

2 title.’’. 

3 (c) MEDICAL OFFICER MULTIYEAR RETENTION

4 BONUS.—Subsection (c) of section 301d of such title is 

5 amended to read as follows: 

6 ‘‘(c) REPAYMENT OF BONUS.—An officer who does 

7 not complete the period of active duty specified in the 

8 agreement entered into under subsection (a) shall be sub9 ject to the repayment provisions of section 327 of this 

10 title.’’. 

11 (d) DENTAL OFFICER MULTIYEAR RETENTION

12 BONUS.—Subsection (d) of section 301e of such title is 

13 amended to read as follows: 

14 ‘‘(d) REPAYMENT OF BONUS.—An officer who does 

15 not complete the period of active duty specified in the 

16 agreement entered into under subsection (a) shall be sub17 ject to the repayment provisions of section 327 of this 

18 title.’’. 

19 (e) MEDICAL OFFICER SPECIAL PAY.—Section 302 

20 of such title is amended—

21 (1) in subsection (c), by amending the last sen22 tence in paragraph (2) to read as follows: ‘‘If such 

23 entitlement is terminated, the officer concerned shall 

24 be subject to the repayment provisions of section 

25 327 of this title.’’; and 
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1 (2) by amending subsection (f) to read as fol2 lows: 

3 ‘‘(f) REPAYMENT.—An officer who does not complete 

4 the period for which the payment was made under sub5 section (a)(4) or (b)(1) shall be subject to the repayment 

6 provisions of section 327 of this title.’’. 

7 (f) OPTOMETRIST RETENTION SPECIAL PAY.—Para8 graph (4) of section 302a(b) of such title is amended to 

9 read as follows: 

10 ‘‘(4) REPAYMENT.—The Secretary concerned may 

11 terminate at any time the eligibility of an officer to receive 

12 retention special pay under paragraph (1). An officer who 

13 does not complete the period for which the payment was 

14 made under paragraph (1) shall be subject to the repay15 ment provisions of section 327 of this title.’’. 

16 (g) DENTAL OFFICER SPECIAL PAY.—Section 302b 

17 of such title is amended—

18 (1) in subsection (b), by striking the second 

19 sentence in paragraph (2); 

20 (2) by amending subsection (e) to read as fol21 lows: 

22 ‘‘(e) REPAYMENT.—An officer who does not complete 

23 the period of active duty for which the payment was made 

24 under subsection (a)(4) shall be subject to the repayment 

25 provisions of section 327 of this title.’’; 
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1 (3) by striking subsection (f); and 

2 (4) by redesignating subsections (g) and (h) as 

3 subsections (f) and (g), respectively. 

4 (h) ACCESSION BONUS FOR REGISTERED NURSES.—

5 Subsection (d) of section 302d of such title is amended 

6 to read as follows: 

7 ‘‘(d) An officer who does not become and remain li8 censed as a registered nurse during the period for which 

9 the payment is made, or who does not complete the period 

10 of active duty specified in the agreement entered into 

11 under subsection (a) shall be subject to the repayment 

12 provisions of section 327 of this title.’’. 

13 (i) NURSE ANESTHETIST SPECIAL PAY.—Section 

14 302e of such title is amended—

15 (1) in subsection (c), by striking the last sen16 tence; and 

17 (2) by amending subsection (e) to read as fol18 lows: 

19 ‘‘(e) An officer who does not complete the period of 

20 active duty specified in the agreement entered into under 

21 subsection (a) shall be subject to the repayment provisions 

22 of section 327 of this title.’’. 

23 (j) RESERVE, RECALLED OR RETAINED HEALTH

24 CARE OFFICERS SPECIAL PAY.—Subsection (c) of section 
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1 302f of such title is amended by striking ‘‘refund’’ and 

2 inserting ‘‘repay’’. 

3 (k) SELECTED RESERVE HEALTH CARE PROFES4 SIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES

5 SPECIAL PAY.—Section 302g of such title is amended—

6 (1) by striking subsections (d) and (e); 

7 (2) by inserting after subsection (c) the fol8 lowing new subsection (d): 

9 ‘‘(d) REPAYMENT.—An officer who does not complete 

10 the period of service in the Selected Reserve of an armed 

11 force specified in the agreement entered into under sub12 section (a) shall be subject to the repayment provisions 

13 of section 327 of this title.’’; and 

14 (3) by redesignating subsection (f) as sub15 section (e). 

16 (l) ACCESSION BONUS FOR DENTAL OFFICERS.—

17 Subsection (d) of section 302h of such title is amended 

18 to read as follows:

19 ‘‘(d) A person after signing a written agreement who 

20 thereafter is not commissioned as an officer of the armed 

21 forces, or does not become licensed as a dentist, or does 

22 not complete the period of active duty specified in the 

23 agreement entered into under subsection (a) shall be sub24 ject to the repayment provisions of section 327 of this 

25 title.’’. 
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1 (m) ACCESSION BONUS FOR PHARMACY OFFI2 CERS.—Subsection (e) of section 302j of such title is 

3 amended to read as follows: 

4 ‘‘(e) A person after signing a written agreement who 

5 thereafter is not commissioned as an officer of the armed 

6 forces, or does not become and remain certified or licensed 

7 as a pharmacist, or does not complete the period of active 

8 duty specified in the agreement entered into under sub9 section (a) shall be subject to the repayment provisions 

10 of section 327 of this title.’’. 

11 (n) REENLISTMENT BONUS FOR ACTIVE MEM12 BERS.—Subsection (d) of section 308 of such title is 

13 amended to read as follows: 

14 ‘‘(d) REPAYMENT OF BONUS.—A member who does 

15 not complete the term of enlistment for which a bonus was 

16 paid to the member under this section, or a member who 

17 is not technically qualified in the skill for which a bonus 

18 was paid to him under this section, shall be subject to 

19 the repayment provisions of section 327 of this title.’’. 

20 (o) REENLISTMENT BONUS FOR SELECTED RE21 SERVE.—Subsection (d) of section 308b of such title is 

22 amended to read as follows: 

23 ‘‘(d) A member who does not complete the term of 

24 enlistment in the element of the Selected Reserve of the 

25 Ready Reserve for which the bonus was paid to the mem-
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1 ber under this section, shall be subject to the repayment 

2 provisions of section 327 of this title.’’. 

3 (p) ENLISTMENT BONUS FOR SELECTED RE4 SERVE.—Subsection (d) of section 308c of such title is 

5 amended to read as follows: 

6 ‘‘(d) REPAYMENT.—A member who does not partici7 pate satisfactorily in training with his unit during a term 

8 of enlistment for which a bonus has been paid to him 

9 under this section shall be subject to the repayment provi10 sions of section 327 of this title.’’. 

11 (q) RESERVE AFFILIATION BONUS.—Subsection (d) 

12 of section 308e of such title is amended to read as follows: 

13 ‘‘(d) REPAYMENT.—A member who does not partici14 pate satisfactorily in training with his unit during a term 

15 of enlistment for which a bonus has been paid to him 

16 under this section shall be subject to the repayment provi17 sions of section 327 of this title.’’. 

18 (r) READY RESERVE ENLISTMENT BONUS.—Section 

19 308g of such title is amended—

20 (1) by amending subsection (d) to read as fol21 lows: 

22 ‘‘(d) REPAYMENT.—A person who does not serve sat23 isfactorily in the element of the Ready Reserve in the com24 bat or combat support skill for the period for which the 
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1 bonus was paid under this section shall be subject to the 

2 repayment provisions of section 327 of this title.’’; 

3 (2) by striking subsections (e) and (f); and 

4 (3) by redesignating subsections (g) and (h) as 

5 subsections (e) and (f), respectively. 

6 (s) READY RESERVE REENLISTMENT, ENLISTMENT, 

7 AND VOLUNTARY EXTENSION OF ENLISTMENT BONUS.—

8 Section 308h of such title is amended—

9 (1) by amending subsection (c) to read as fol10 lows: 

11 ‘‘(c) REPAYMENT.—A person who does not complete 

12 the period of enlistment or extension of enlistment for 

13 which the bonus was paid under this section shall be sub14 ject to the repayment provisions of section 327 of this 

15 title.’’; 

16 (2) by striking subsections (d) and (e); and 

17 (3) by redesignating subsections (f) and (g) as 

18 subsections (d) and (e), respectively. 

19 (t) PRIOR SERVICE ENLISTMENT BONUS.—Sub20 section (d) of section 308i of such title is amended to read 

21 as follows: 

22 ‘‘(d) A person who receives a bonus payment under 

23 this section and who, during the period for which the 

24 bonus was paid, does not serve satisfactorily in the ele25 ment of the Selected Reserve of the Ready Reserve with 
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1 respect to which the bonus was paid shall be subject to 

2 the repayment provisions of section 327 of this title.’’. 

3 (u) ENLISTMENT BONUS.—Subsection (b) of section 

4 309 of such title is amended to read as follows: 

5 ‘‘(b) A member who does not complete the term of 

6 enlistment for which a bonus was paid to the member 

7 under this section, or a member who is not technically 

8 qualified in the skill for which a bonus was paid, shall 

9 be subject to the repayment provisions of section 327 of 

10 this title.’’. 

11 (v) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI12 CERS EXTENDING ACTIVE DUTY.—Subsection (b) of sec13 tion 312 of such title is amended to read as follows: 

14 ‘‘(b) REPAYMENT.—An officer who does not complete 

15 the period of active duty in connection with supervision, 

16 operation, and maintenance of naval nuclear propulsion 

17 plants which the officer agreed to serve, and for which 

18 the payment was made under subsection (a)(3) or (d)(1), 

19 shall be subject to the repayment provisions of section 327 

20 of this title.’’. 

21 (w) NUCLEAR CAREER ACCESSION BONUS.—Para22 graph (2) of section 312b(a) of such title is amended to 

23 read as follows: 

24 ‘‘(2) An officer who does not commence or complete 

25 satisfactorily the nuclear power training specified in the 
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1 agreement under paragraph (1) shall be subject to the re2 payment provisions of section 327 of this title.’’. 

3 (x) ENLISTED MEMBERS EXTENDING DUTY AT DES4 IGNATED LOCATIONS OVERSEAS.—Subsection (d) of sec5 tion 314 of such title is amended to read as follows: 

6 ‘‘(d) A member who, having entered into a written 

7 agreement to extend a tour of duty for a period under 

8 subsection (a), receives a bonus payment under subsection 

9 (b)(2) for a 12-month period covered by the agreement 

10 and ceases during that 12-month period to perform the 

11 agreed tour of duty shall be subject to the repayment pro12 visions of section 327 of this title.’’. 

13 (y) SPECIAL WARFARE OFFICERS EXTENDING PE14 RIOD OF ACTIVE DUTY.—Subsection (h) of section 318 

15 of such title is amended to read as follows: 

16 ‘‘(h) An officer who, having entered into a written 

17 agreement under subsection (b) and has received all or 

18 part of a bonus under this section, does not complete the 

19 period of active duty in special warfare service as specified 

20 in the agreement, shall be subject to the repayment provi21 sions of section 327 of this title.’’. 

22 (z) SURFACE WARFARE OFFICERS EXTENDING PE23 RIOD OF ACTIVE DUTY.—Subsection (f) of section 319 of 

24 such title is amended to read as follows: 
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1 ‘‘(f) An officer who, having entered into a written 

2 agreement under subsection (b) and having received all or 

3 part of a bonus under this section, does not complete the 

4 period of active duty as a department head on a surface 

5 vessel specified in the agreement, shall be subject to the 

6 repayment provisions of section 327 of this title.’’. 

7 (aa) JUDGE ADVOCATE CONTINUATION PAY.—Sub8 section (f) of section 321 of such title is amended to read 

9 as follows: 

10 ‘‘(f) An officer who has entered into a written agree11 ment under subsection (b) and has received all or part 

12 of the amount payable under the agreement but who does 

13 not complete the total period of active duty specified in 

14 the agreement, shall be subject to the repayment provi15 sions of section 327 of this title.’’. 

16 (bb) 15-YEAR CAREER STATUS BONUS FOR MEM17 BERS ENTERING SERVICE ON OR AFTER AUGUST 1, 

18 1986.—Subsection (f) of section 322 of such title is 

19 amended to read as follows: 

20 ‘‘(f) If a person paid a bonus under this section does 

21 not complete a period of active duty beginning on the date 

22 on which the election of the person under subsection (a)(1) 

23 is received and ending on the date on which the person 

24 completes 20 years of active duty service as described in 
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1 subsection (a)(2), the person shall be subject to the repay2 ment provisions of section 327 of this title.’’. 

3 (cc) RETENTION INCENTIVES FOR MEMBERS QUALI4 FIED IN A CRITICAL MILITARY SKILL.—Subsection (g) of 

5 section 323 of such title is amended to read as follows: 

6 ‘‘(g) A member who has entered into a written agree7 ment under subsection (a), and who does not complete the 

8 total period of active duty specified in the agreement, shall 

9 be subject to the repayment provisions of section 327 of 

10 this title.’’. 

11 (dd) ACCESSION BONUS FOR NEW OFFICERS IN

12 CRITICAL SKILLS.—Subsection (f) of section 324 of such 

13 title is amended to read as follows: 

14 ‘‘(f) An individual who, having received all or part 

15 of the bonus under an agreement referred to in subsection 

16 (a), is not thereafter commissioned as an officer or does 

17 not commence or does not complete the total period of ac18 tive duty service specified in the agreement, shall be sub19 ject to the repayment provisions of section 327 of this 

20 title.’’. 

21 (ee) INCENTIVE BONUS: SAVINGS PLAN FOR EDU22 CATION EXPENSES AND OTHER CONTINGENCIES.—Sub23 section (g) of section 325 of such title is amended to read 

24 as follows:
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1 ‘‘(g) If a person does not complete the qualifying 

2 service for which the person is obligated under a commit3 ment for which a benefit has been paid under this section, 

4 the person shall be subject to the repayment provisions 

5 of section 327 of this title.’’. 

6 (ff) ENLISTMENT INCENTIVES FOR PURSUIT OF

7 SKILLS TO FACILITATE NATIONAL SERVICE—Subsection 

8 (i) of section 510 of title 10, United States Code, is 

9 amended to read as follows: 

10 ‘‘(i) If a National Call to Service participant who has 

11 entered into an agreement under subsection (b) and re12 ceived or benefitted from an incentive under subsection 

13 (e)(1) or (e)(2) fails to complete the total period of service 

14 specified in such agreement, the National Call to Service 

15 participant shall be subject to the repayment provisions 

16 of section 327 of title 37.’’. 

17 (gg) SCHOLARSHIP PROGRAM FOR QUALIFYING PER18 SONNEL FOR ACQUISITION POSITIONS IN THE DEPART19 MENT OF DEFENSE—Paragraph (3) of section 1744(d) of 

20 such title is amended to read as follows: 

21 ‘‘(3) For a uniformed member who is separated from 

22 service before the end of the period for which the person 

23 has agreed to continue in the service in an acquisition po24 sition shall be subject to the repayment provisions of sec25 tion 327 of title 37. For an employee of the Department 
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1 of Defense, the Secretary may waive in whole or in part 

2 a required repayment under this subsection if the Sec3 retary determines the recovery would be against equity 

4 and good conscience or would be contrary to the best inter5 ests of the United States.’’. 

6 (hh) ADVANCED EDUCATION ASSISTANCE.—Section 

7 2005 of such title is amended—

8 (1) in subsection (a), by amending paragraph 

9 (3) to read as follows: 

10 ‘‘(3) that if such person does not complete the 

11 period of active duty specified in the agreement, or 

12 does not fulfill any term or condition prescribed pur13 suant to clause (4), such person shall be subject to 

14 the repayment provisions of section 327 of title 37.’’; 

15 (2) by striking subsections (c), (d), (g) and (h); 

16 (3) by redesignating subsections (e) and (f) as 

17 subsections (c) and (d), respectively; and 

18 (4) by amending subsection (d), as redesignated 

19 by paragraph (3), to read as follows: 

20 ‘‘(d) The Secretary concerned shall require, as a con21 dition to the Secretary providing financial assistance 

22 under section 2107 or 2107a of this title to any person, 

23 that such person enter into an agreement described in sub24 section (a). In addition to the requirements of subsections 

25 (a)(1) through (a)(4), any agreement required by this sub-
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1 section shall provide that if such person does not complete 

2 the education requirements specified in the agreement, or 

3 does not fulfill any term or condition prescribed pursuant 

4 to subsection (a)(4), the person shall be subject to the re5 payment provisions of section 327 of title 37 without the 

6 Secretary first ordering such person to active duty as pro7 vided for under subsection (a)(2) and sections 2107(f) and 

8 2107a(f) of this title.’’. 

9 (ii) TUITION FOR OFF-DUTY TRAINING OR EDU10 CATION.—Section 2007 of such title is amended by adding 

11 at the end the following new subsection: 

12 ‘‘(f) REPAYMENT.—If such person does not complete 

13 the period of active duty specified in the agreement under 

14 subsection (b), such person shall be subject to the repay15 ment provisions of section 327 of title 37.’’. 

16 (jj) ADVANCED TRAINING, FAILURE TO COMPLETE

17 OR TO ACCEPT COMMISSION.—Section 2105 of such title 

18 is amended—

19 (1) by striking ‘‘A member’’ and inserting ‘‘(a) 

20 A member’’; and 

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

23 ‘‘(b) REPAYMENT.—If such person does not complete 

24 the period of active duty specified under subsection (a), 
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1 the person shall be subject to the repayment provisions 

2 of section 327 of title 37.’’. 

3 (kk) FINANCIAL ASSISTANCE PROGRAM FOR SPE4 CIALLY SELECTED MEMBERS.—Section 2107 of such title 

5 is amended by adding at the end the following new sub6 section: 

7 ‘‘(j) REPAYMENT.—A person after signing a written 

8 agreement who thereafter is not commissioned as an offi9 cer or does not complete the period of service as specified 

10 in subsection (b), (f) or (h)(2), shall be subject to the re11 payment provisions of section 327 of title 37.’’. 

12 (ll) HEALTH PROFESSIONS SCHOLARSHIP AND FI13 NANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERVICE.—

14 Subparagraph (C) of section 2123(e)(1) of such title is 

15 amended to read as follows: 

16 ‘‘(C) If such person does not complete the period of 

17 active duty obligation specified under subsection (a), such 

18 person shall be subject to the repayment provisions of sec19 tion 327 of title 37.’’. 

20 (mm) FINANCIAL ASSISTANCE: NURSE OFFICER

21 CANDIDATES.—Subsection (d) of section 2130a of such 

22 title is amended to read as follows: 

23 ‘‘(d) REPAYMENT.—A person who does not complete 

24 a nursing degree program in which the person is enrolled 

25 in accordance with the agreement entered into under sub-
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1 section (a), or having completed the nursing degree pro2 gram, does not become an officer in the Nurse Corps of 

3 the Army or the Navy or an officer designated as a nurse 

4 officer of the Air Force or commissioned corps of the Pub5 lic Health Service; or does not complete the period of obli6 gated active service required under the agreement, shall 

7 be subject to the repayment provisions of section 327 of 

8 title 37.’’. 

9 (nn) EDUCATION LOAN REPAYMENT PROGRAM: 

10 COMMISSIONED OFFICERS IN SPECIFIED HEALTH PRO11 FESSIONS.—Subsection (g) of section 2173 of such title 

12 is amended—

13 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) An officer who does not complete the period of 

17 active duty specified in the agreement entered into under 

18 subsection (a)(3), or the alternative obligation under para19 graph (1), shall be subject to the repayment provisions of 

20 section 327 of title 37.’’. 

21 (oo) SCHOLARSHIP PROGRAM FOR DEGREE PRO22 GRAM FOR DEGREE OR CERTIFICATION IN INFORMATION

23 ASSURANCE.—Section 2200a of such title is amended—

24 (1) by amending subsection (e) to read as fol25 lows: 
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1 ‘‘(e) REPAYMENT FOR PERIOD OF UNSERVED OBLI2 GATED SERVICE.—(1) A member of an armed force who 

3 does not complete the period of active duty specified in 

4 the service agreement under section (b) shall be subject 

5 to the repayment provisions of section 327 of title 37. 

6 ‘‘(2) A civilian employee of the Department of De7 fense who voluntarily terminates service before the end of 

8 the period of obligated service required under an agree9 ment entered into under subsection (b) shall refund to the 

10 United States an amount determined by the Secretary of 

11 Defense as being appropriate to obtain adequate service 

12 in exchange for financial assistance and otherwise to 

13 achieve the goals set forth in section 2200(a) of this title. 

14 ‘‘(A) OBLIGATION AS DEBT.—An obligation to 

15 reimburse the United States imposed under para16 graph (1) is for all purposes a debt owed to the 

17 United States. 

18 ‘‘(B) REPAYMENT.—The Secretary of Defense 

19 may waive, in whole or in part a refund required 

20 under paragraph (1) if the Secretary determines 

21 that recovery would be against equity and good con22 science or would be contrary to the best interests of 

23 the United States. 

24 ‘‘(C) EFFECT OF DISCHARGE IN BANK25 RUPTCY.—A discharge in bankruptcy under title 11 
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1 that is entered less than five years after the termi2 nation of an agreement under this section does not 

3 discharge the person signing such agreement from a 

4 debt arising under such agreement or under this 

5 subsection.’’; 

6 (2) by striking subsection (f); and 

7 (3) by redesignating subsection (g) as sub8 section (f). 

9 (pp) CADETS: AGREEMENT TO SERVICE AS OFFI10 CER.—Section 4348 of such title is amended by adding 

11 at the end the following new subsection: 

12 ‘‘(f) A cadet or former cadet who does not fulfill the 

13 terms of the agreement as specified under section (a), or 

14 the alternative obligation under subsection (b), shall be 

15 subject to the repayment provisions of section 327 of title 

16 37.’’. 

17 (qq) MIDSHIPMEN: AGREEMENT FOR LENGTH OF

18 SERVICE.—Section 6959 of such title is amended by add19 ing at the end the following new subsection: 

20 ‘‘(f) A midshipman or former midshipman who does 

21 not fulfill the terms of the agreement as specified under 

22 section (a), or the alternative obligation under subsection 

23 (b), shall be subject to the repayment provisions of section 

24 327 of title 37.’’. 
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1 (rr) CADETS: AGREEMENT TO SERVICE AS OFFI2 CER.—Section 9348 of such title is amended by adding 

3 at the end the following new subsection: 

4 ‘‘(f) A cadet or former cadet who does not fulfill the 

5 terms of the agreement as specified under section (a), or 

6 the alternative obligation under subsection (b), shall be 

7 subject to the repayment provisions of section 327 of title 

8 37.’’.

9 (ss) CADETS: NUMBER, APPOINTMENT, OBLIGATION

10 TO SERVE.—Section 182 of title 14, United States Code, 

11 is amended by adding at the end the following new sub12 section: 

13 ‘‘(g) A cadet or former cadet who does not fulfill the 

14 terms of the obligation to serve as specified under section 

15 (b), or the alternative obligation under subsection (c), 

16 shall be subject to the repayment provisions of section 327 

17 of title 37.’’. 

18 (tt) EDUCATIONAL ASSISTANCE FOR MEMBERS OF

19 THE SELECTED RESERVE.—Section 16135 of title 10 

20 United States Code, is amended to read as follows: 

21 ‘‘§ 16135. Failure to participate satisfactorily; pen22 alties 

23 ‘‘(a) A member of the Selected Reserve of the Ready 

24 Reserve of an armed force who does not participate satis25 factorily in required training as a member of the Selected 
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1 Reserve during a term of enlistment or other period of 

2 obligated service that created entitlement of the member 

3 to educational assistance under this chapter, and during 

4 which the member has received such assistance, shall, at 

5 the option of the Secretary concerned—

6 ‘‘(1) be ordered to active duty for a period of 

7 two years or the period of obligated service the per8 son has remaining under section 16132 of this title, 

9 whichever is less; or 

10 ‘‘(2) be subject to the repayment provisions 

11 under section 327 of title 37. 

12 ‘‘(b) Any repayment under the provisions of section 

13 327 of title 37 shall not affect the period of obligation 

14 of such member to serve as a Reserve in the selected Re15 serve.’’. 

16 (uu) HEALTH PROFESSIONS STIPEND PROGRAM—

17 PENALTIES AND LIMITATIONS.—Subparagraph (B) of 

18 section 16203(a)(1) of such title is amended to read as 

19 follows: 

20 ‘‘(B) shall be subject to the repayment provi21 sions of section 327 of title 37.’’. 

22 (vv) MARINE CORPS PLATOON LEADERS CLASS: 

23 COLLEGE TUITION ASSISTANCE PROGRAM.—Subsection 

24 (f) of section 16401 of such title is amended—
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1 (1) in paragraph (1), by striking ‘‘may be re2 quired to repay the full amount of financial assist3 ance’’ and inserting ‘‘shall be subject to the repay4 ment provisions of section 327 of title 37’’; and 

5 (2) by amending paragraph (2) to read as fol6 lows: 

7 ‘‘(2) Any requirement to repay any portion of finan8 cial assistance received under this section shall be adminis9 tered under Secretary of Defense regulations issued under 

10 section 327 of title 37. The Secretary of the Navy may 

11 waive the obligations referenced in paragraph (1) in the 

12 case of a person who—’’. 

13 (ww) CONVERSION TO MILITARY OCCUPATIONAL SE14 CURITY INCENTIVE BONUS.—Subsection (e) of section 

15 326 of title 37, United States Code, is amended to read 

16 as follows: 

17 ‘‘(e) REPAYMENT OF BONUS.—A member who fails 

18 to serve in such military occupational specialty for the pe19 riod specified in the agreement executed under subsection 

20 (a) shall be subject to the repayment provisions of section 

21 327 of this title.’’. 

22 (xx) EFFECTIVE DATE.—(1) The amendments made 

23 by this section shall take effect on April 1, 2005. 

24 (2) Notwithstanding paragraph (1)—
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1 (A) the amendments made by this section do 

2 not apply to any bonus, incentive, special pay or 

3 similar payment (such as education assistance or sti4 pend), which the United States became obligated to 

5 pay before April 1, 2005; and 

6 (B) the following provisions in effect on March 

7 30, 2005, shall continue to apply, in accordance with 

8 the provisions thereof, with respect to any bonus, in9 centive, special pay, or an educational benefit or sti10 pend, which the United States became obligated to 

11 pay before April 1, 2005: 

12 (i) sections 301b(g), 301d(c), 301e(d), 

13 302(f), 302a(b)(4), 302b, 302d(d), 302e, 302f, 

14 302g, 302h, 302j, 308(d), 308b(d), 308c(d), 

15 308e(d), 308g(d), 308h(c), 308i(d), 309(b), 

16 312(b), 312b(a)(2), 314(d), 318(h), 319(h), 

17 321(f), 322(f), 323(g), 324(f), 325(g), and 

18 326(e) of title 37, United States Code; 

19 (ii) sections 510, 1744(d)(3); 2005(a)(3), 

20 (c), (d), (f), and (g); 2007; 2105; 2107; 

21 2123(e)(1)(C); 2130a(d); 2173(g); 2200a(e)(3); 

22 4348; 6959; 9348; 16135; 16203(a)(1)(B); and 

23 16401(f)(1) of title 10, United States Code; 

24 and 
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1 (iii) section 182 of title 14, United States 

2 Code. 

3 Subtitle C—Travel and 

4 Transportation Allowances 

5 SEC. 621. LODGING COSTS INCURRED IN CONNECTION 

6 WITH STUDENT DEPENDENT TRAVEL. 

7 Section 430(b) of title 37, United States Code, is 

8 amended—

9 (1) by redesignating paragraphs (2) and (3) as 

10 paragraphs (3) and (4), respectively; and 

11 (2) by inserting after paragraph (1) the fol12 lowing new paragraph (2): 

13 ‘‘(2) The allowance described in paragraph (1) may 

14 include reimbursement at a rate prescribed by the Secre15 taries concerned for lodging costs incurred when, for rea16 sons beyond the control of the student, the student is re17 quired to procure accommodations while en route.’’. 

18 SEC. 622. EXPANDED TRAVEL AND TRANSPORTATION AL19 LOWANCES FOR FAMILY MEMBERS TO AT20 TEND BURIAL CEREMONIES. 

21 Section 411f of title 37, United States Code, is 

22 amended—

23 (1) by amending subsection (b) to read as fol24 lows: 
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1 ‘‘(b) LIMITATIONS.—Allowances under subsection (a) 

2 may be provided to the same location determined under 

3 section 1482 of title 10, and may not exceed the rates 

4 for two days and the time necessary for such travel.’’; and 

5 (2) in subsection (c)(1)(C), by striking ‘‘If no 

6 person described in subparagraph (A) or (B) is pro7 vided travel and transportation allowances under 

8 subsection (a)(1), the’’ and inserting ‘‘The’’. 

9 Subtitle D—Other Matters 

10 SEC. 631. ACCUMULATION OF ANNUAL LEAVE BY INTEL11 LIGENCE SENIOR LEVEL EMPLOYEES. 

12 Section 1607 of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(d) ACCUMULATION OF ANNUAL LEAVE TO EM16 PLOYEES IN INTELLIGENCE SENIOR LEVEL POSITIONS.—

17 Employees in Intelligence Senior Level positions des18 ignated under subsection (a) may accumulate annual leave 

19 consistent with the provisions of section 6304(f) of title 

20 5.’’. 
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1 TITLE VII—HEALTH CARE 

2 PROVISIONS 

3 SEC. 701. EXEMPTION OF NONAPPROPRIATED FUND 

4 HEALTH BENEFITS PROGRAM FROM NON5 FEDERAL LAWS, TAXES, AND MANDATES. 

6 Section 349 of the National Defense Authorization 

7 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 

8 2727) is amended by adding at the end the following new 

9 subsection: 

10 ‘‘(c) EXEMPTION.—(1) No tax, fee, other monetary 

11 payment, or health plan requirement may be imposed, di12 rectly or indirectly, on the Nonappropriated Fund Uni13 form Health Benefits Program of the Department of De14 fense or on a carrier or an underwriting or plan adminis15 tration contractor of that program by any State, United 

16 States Territory, the District of Columbia, or the Com17 monwealth of Puerto Rico, or by any political subdivision 

18 or other non-Federal Government authority thereof. This 

19 prohibition shall apply to the same extent as the prohibi20 tion in section 8909(f) of title 5, United States Code, ap21 plies to the health insurance program authorized by chap22 ter 89 of such title. 

23 ‘‘(2) Paragraph (1) shall not be construed to exempt 

24 the Nonappropriated Fund Uniform Health Benefits Pro25 gram of the Department of Defense or any carrier or un-
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1 derwriting or plan administration subcontractor of that 

2 program from the imposition, payment, or collection of a 

3 tax, fee, or other monetary payment on the net income 

4 or profit accruing to or realized by that program or by 

5 such carrier or underwriting or plan administration sub6 contractor from business conducted under this chapter, if 

7 that tax, fee, or payment is applicable to a broad range 

8 of business activity.’’.

9 TITLE VIII—ACQUISITION POL10 ICY, ACQUISITION MANAGE11 MENT, AND RELATED MAT12 TERS 

13 Subtitle A—Acquisition Policy and 

14 Management 

15 SEC. 801. DEFENSE ACQUISITION WORKFORCE CHANGES. 

16 (a) SELECTION CRITERIA AND PROCEDURES.—Sec17 tion 1732(b)(1)(A) of title 10, United States Code, is 

18 amended by striking ‘‘within grade GS–13 or above of the 

19 General Schedule’’ and inserting ‘‘in a position as des20 ignated by the Secretary of Defense’’. 

21 (b) CRITICAL ACQUISITION POSITIONS.—Section 

22 1733 of such title is amended by striking subsection (b) 

23 and inserting the following: 

24 ‘‘(b) DESIGNATION OF CRITICAL ACQUISITION POSI25 TIONS.—(1) The Secretary of Defense shall designate the 
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1 acquisition positions in the Department of Defense that 

2 are critical acquisition positions. Such positions shall in3 clude the following: 

4 ‘‘(A) Program Executive Officer. 

5 ‘‘(B) Program Manager of a major defense ac6 quisition program (as defined in section 2430 of this 

7 title) or of a significant nonmajor defense acquisition 

8 program (as defined in section 1737(a)(3) of this 

9 title). 

10 ‘‘(C) Deputy program manager of a major de11 fense acquisition program. 

12 ‘‘(D) Any other acquisition position of signifi13 cant responsibility determined by the Secretary to be 

14 critical. 

15 ‘‘(2) The Secretary shall periodically publish a list of 

16 the positions designated under this subsection.’’. 

17 (c) SCHOLARSHIP PROGRAMS.—Section 1742(3) of 

18 such title is amended by adding at the end the following: 

19 ‘‘(A) WRITTEN AGREEMENT.—Scholarship 

20 recipients shall be required to sign a written 

21 agreement defining the terms for the scholar22 ship. Such terms shall address criteria for con23 tinuing eligibility and repayment if the recipient 

24 fails to make the eligibility criteria and a con25 tinuing service obligation. 
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1 ‘‘(B) REPAYMENT.—(i) In addition to the 

2 repayments that may be required by subpara3 graph (A), any person participating in a schol4 arship program established under this section 

5 shall agree to pay to the United States the total 

6 amount of educational assistance provided to 

7 the person under this program if the person is 

8 voluntarily separated from government service 

9 or involuntarily separated for cause from the 

10 Department of Defense before the end of the 

11 period for which the person has agreed to con12 tinue in the service of the Department of De13 fense in an acquisition position. 

14 ‘‘(ii) If an employee fails to fulfill his 

15 agreement to pay to the Government the total 

16 amount of educational assistance provided to 

17 the person under this program, a sum equal to 

18 the amount of the educational assistance is re19 coverable by the Government from the employee 

20 or his estate by—

21 ‘‘(I) setoff against accrued pay, com22 pensation, amount of retirement credit, or 

23 other amount due the employee from the 

24 Government; and 
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1 ‘‘(II) such other method as is provided 

2 by law for the recovery of amounts owing 

3 to the Government. 

4 ‘‘(iii) The Secretary may waive in whole or 

5 in part a required repayment under this sub6 section if the Secretary determines the recovery 

7 would be against equity and good conscience or 

8 would be contrary to the best interests of the 

9 United States. 

10 ‘‘(iv) EFFECT OF DISCHARGE IN BANK11 RUPTCY.—A discharge in bankruptcy under 

12 title 11 that is entered less than five years after 

13 the termination of an agreement under this sec14 tion does not discharge the person signing such 

15 agreement from a debt arising under such 

16 agreement. 

17 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

18 in this section shall be considered to require 

19 that a position be offered to a person after such 

20 person successfully completes the course of edu21 cation agreed to. However, if no position de22 scribed in the required written agreement of 

23 subsection (3)(A) is offered within the time 

24 specified in the agreement, the agreement shall 

25 be considered terminated.’’. 
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1 (d) AUTHORITY TO ESTABLISH DIFFERENT MIN2 IMUM REQUIREMENTS.—Section 1764(b) of such title is 

3 amended—

4 (1) in paragraph (1), by striking ‘‘(5)’’ and in5 serting ‘‘(6)’’; 

6 (2) by redesignating paragraph (5) as para7 graph (6); and 

8 (3) by inserting after paragraph (4) the fol9 lowing new paragraph (5): 

10 ‘‘(5) Deputy Program Manager.’’. 

11 SEC. 802. DELEGATION TO THE DEFENSE CONTRACT MAN12 AGEMENT AGENCY TO MAKE DETERMINA13 TIONS CONCERNING RESTRUCTURING 

14 COSTS. 

15 Paragraph (2) of section 2325(a) of title 10, United 

16 States Code, is amended by striking ‘‘an Assistant Sec17 retary of Defense’’ and inserting ‘‘the Director, Defense 

18 Contract Management Agency’’. 

19 SEC. 803. DISPOSAL OF EXCESS AND OBSOLETE MATERIALS 

20 CONTAINED IN THE NATIONAL DEFENSE 

21 STOCKPILE. 

22 (a) DISPOSAL AUTHORIZED.—Subject to conditions 

23 specified in subsection (b), the President may dispose ex24 cess and obsolete materials contained in the National De25 fense Stockpile as set forth in the following table, with 
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1 the quantity of each material authorized for disposal to 

2 be either the remaining inventory or the quantity set forth, 

3 whichever is greater:

Cobalt ............................................ 4,497,460 pounds contained cobalt 

Beryllium metal (vacuum cast) ..... 5 short tons 

Chromite Chemical ........................ 34,000 short dry tons 

Chromite Refractory ...................... 83,791 short tons 

Chromium Ferroalloy .................... 63,279 short tons 

Columbium Concentrates ............... 747,978 pounds contained columbium 

Columbium Metal Ingot ................ 60,751 pounds contained columbium 

Diamond, Stones ........................... 780,426 carats 

Germanium .................................... 34,263 kilograms 

Platinum ........................................ 20,880 troy ounces 

Platinum—Palladium .................... 4,918 troy ounces 

Tantalum Carbide Powder ............ 8,158 pounds contained tantalum 

Tantalum Metal Powder ................ 34,607 pounds contained tantalum 

Tantalum Minerals ........................ 1,287,016 pounds contained tantalum 

Tantalum Oxide ............................. 41,320 pounds contained tantalum 

Tungsten Ferro ............................. 280,415 pounds contained tungsten 

Tungsten Metal Powder ................ 919,666 pounds contained tungsten 

Tungsten Ores & Concentrates ..... 60,375,212 pounds contained tungsten

4 (b) MINIMIZATION OF DISRUPTION AND LOSS.—Dis5 posal of materials under this section should minimize—

6 (1) undue disruption of the usual markets of 

7 producers, processors, and consumers of the mate8 rials proposed for disposal; or 

9 (2) avoidable loss to the United States. 

10 (c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR11 ITY.—The disposal authority provided in subsection (a) is 

12 new disposal authority and is in addition to, and shall not 

13 affect, any other disposal authority provided by law re14 garding the materials in the National Defense Stockpile. 
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1 SEC. 804. PRIVATIZATION OF MILITARY UTILITIES LO2 CATED ON NON-––FEDERAL LAND. 

3 Section 2688 of title 10, United States Code, is 

4 amended—

5 (1) by adding at the end the following new sub6 section: 

7 ‘‘(j) CONVEYANCES ON PROPERTY OWNED BY OTH8 ERS.—(1) Notwithstanding subsection (b), for those in9 stallations where the United States does not own a pre10 ponderance of the land underlying the installation, the 

11 Secretary concerned may carry out a conveyance under 

12 subsection (a), without using competitive procedures, if 

13 the prospective conveyee—

14 ‘‘(A)(i) is a utility company whose service area 

15 is adjacent to or covers part or all of the installa16 tion; 

17 ‘‘(ii) is a regulated utility company; 

18 ‘‘(iii) has a franchise to serve the area encom19 passing part or all of the installation; and 

20 ‘‘(iv) has a franchise granted by the state; or 

21 ‘‘(B)(i) is a governmental entity; 

22 ‘‘(ii) operates a public airport adjoining the in23 stallation; 

24 ‘‘(iii) owns the property underlying a substan25 tial part or all of the installation; and 
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1 ‘‘(iv) owns the utility system for the adjoining 

2 airport. 

3 ‘‘(2) Clause (A)(iii) of paragraph (1) shall apply only 

4 if the State in which the installation is located grants fran5 chises for the type of utility system being conveyed. 

6 ‘‘(3) If more than one prospective conveyee meets the 

7 requirements of paragraph (1), the Secretary may limit 

8 competition to only those prospective conveyees.’’; 

9 (2) in subsection (c)—

10 (A) by redesignating paragraphs (2) and 

11 (3) as paragraphs (3) and (4), respectively; and

12 (B) by inserting after paragraph (1) the 

13 following new paragraph (2): 

14 ‘‘(2) Notwithstanding paragraph (1), if the convey15 ance is made in accordance with subsection (j), and is 

16 made—

17 ‘‘(A) to a regulated utility company which is 

18 wholly owned by or is a governmental entity, or 

19 ‘‘(B) to a governmental entity under clause (B) 

20 of subsection (j)(1), 

21 the Secretary may determine that the interest conveyed 

22 has a value of $1.00. Such determination shall be conclu23 sive for all purposes.’’; 

24 (3) in subsection (f), by adding at the end the fol25 lowing new paragraph: 
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1 ‘‘(3) In any conveyance to which paragraph (2) of 

2 subsection (c) applies, the Secretary shall require that the 

3 utility system, without notice, charge, or cost, revert to 

4 the ownership of the United States if the utility company 

5 to which the system was conveyed—

6 ‘‘(A) if wholly owned by a governmental entity 

7 when the system was conveyed, ceases to be wholly 

8 owned by a governmental entity, or 

9 ‘‘(B) if a governmental entity when the system 

10 was conveyed, changes to a non-governmental enti11 ty.’’; and 

12 (4) in subsection (h)—

13 (A) in the subsection heading, by striking 

14 ‘‘UTILITY SYSTEM DEFINED’’ and inserting 

15 ‘‘DEFINITIONS’’; and 

16 (B) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(3) The term ‘governmental entity’ means public 

19 bodies created in accordance with state law for the pur20 pose of exercising the authority of the state. 

21 ‘‘(4) The term ‘independent regulatory body’ means 

22 the Federal Energy Regulatory Commission, a state-wide 

23 agency, or an agency with less than state-wide jurisdiction 

24 when operating pursuant to state authority. Such a body 
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1 must have the power to fix, establish, or control the rates 

2 and services of utility systems. 

3 ‘‘(5) The term ‘non-independent regulatory body’ 

4 means a body that regulates a utility system which is 

5 owned or operated by the regulatory body or by the same 

6 entity that created the regulatory body, such as a munici7 pality that owns or operates and regulates its own munic8 ipal utility system. 

9 ‘‘(6) The term ‘regulated utility company’ means a 

10 utility company regulated by an independent regulatory 

11 body, as opposed to a non-independent regulatory body.’’. 

12 SEC. 805. REPEAL OF REDUNDANT LIMITATIONS ON THE 

13 PROCUREMENT OF TOTALLY ENCLOSED 

14 LIFEBOATS. 

15 (a) Section 8124 of the Department of Defense Ap16 propriations Act, 1994 (Public Law 103–139; 107 Stat. 

17 1469) is repealed. 

18 (b) Section 8093 of the Department of Defense Ap19 propriations Act, 1995 (Public Law 103–335; 108 Stat. 

20 2638) is repealed. 

21 SEC. 806. DEMONSTRATION PROGRAMS USING DESIGN22 BUILD CONTRACTS. 

23 (a) AUTHORITY TO CARRY OUT PROGRAM.—The 

24 Secretary of the Navy and the Secretary of the Army each 

25 may conduct a demonstration program to assess the feasi-
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1 bility and desirability to enter into design for design-build 

2 contract (fast-track design funding) prior to authorization 

3 and appropriation of the project, using design funds made 

4 available under the authority of section 2807 of title 10, 

5 United States Code, for the design portion of the contract 

6 in order to reduce facility acquisition time. 

7 (b) DESIGN-BUILD CONTRACTING.—For purposes of 

8 the demonstration program, the Secretary concerned shall 

9 have, in addition the authority in paragraph (c)(5) of sec10 tion 2305a of title 10, United States Code, the authority, 

11 notwithstanding any other provision of law, to accelerate 

12 design efforts for design-build contracts (fast-track design 

13 funding) to complete the design effort for any military 

14 construction or family housing construction project, prior 

15 to the project being authorized and appropriated, if—

16 (1) the contractor to which the contract was 

17 awarded has been selected using design-build selec18 tion procedures established under section 2305a of 

19 title 10, United States Code; 

20 (2) a request for the authorization and appro21 priation of construction funds has been submitted to 

22 Congress as part of the President’s annual budget; 

23 and 
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1 (3) the Government’s liability in a Termination 

2 for Convenience would not exceed costs above that 

3 attributable to the final design of the project. 

4 (c) USE OF DESIGN FUNDS IN DESIGN-BUILD CON5 TACTS.—Notwithstanding section 2807(a) of title 10, 

6 United States Code, projects conducted as part of this pro7 gram may include projects specifically authorized by law. 

8 (d) USE OF DESIGN FUNDS IN DESIGN-BUILD CON9 TRACTS FOR FACILITIES FOR RESERVE COMPONENTS.—

10 Notwithstanding section 18233(e) of title 10, United 

11 States Code, projects conducted as part of this program 

12 may include projects specifically authorized by law. 

13 (e) EXPIRATION.—The Secretary of the Navy and the 

14 Secretary of the Army may not enter into a contract for 

15 a military construction project under the demonstration 

16 program described in subsections (a), (b), and (c) after 

17 September 30, 2008. 

18 SEC. 807. TWO-YEAR EXTENSION OF LABORATORY REVITAL19 IZATION DEMONSTRATION PROGRAM.

20 Subsection (g) of section 2892 of the Military Con21 struction Authorization Act for Fiscal Year 1996 (division 

22 B of Public Law 104–106; 110 Stat. 590; 10 U.S.C. 2805 

23 note), as amended by section 2871 of the Strom Thur24 mond National Defense Authorization Act for Fiscal Year 

25 1999 (Public Law 105–261; 112 Stat. 2225)), is further 
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1 amended by striking ‘‘September 30, 2003’’ and inserting 

2 ‘‘September 30, 2005’’. 

3 Subtitle B—Amendments to Gen4 eral Contracting Authorities, 

5 Procedures, and Limitations 

6 SEC. 821. PILOT AUTHORITY FOR FOLLOW-ON PRODUCTION 

7 AGREEMENTS RELATING TO CERTAIN PRO8 TOTYPE PROJECTS. 

9 (a) FOLLOW-ON PRODUCTION AGREEMENTS.—A 

10 transaction entered into under section 845 of the National 

11 Defense Authorization Act for Fiscal Year 1994 as 

12 amended (Public Law 103–160; 10 U.S.C. 2371 note) for 

13 a prototype project may provide for the award of a follow14 on production agreement to the participants in the trans15 action for a specific number of units at specific target 

16 prices. The number of units specified in the transaction 

17 shall be determined on the basis of a balancing of the level 

18 of the investment made in the project by the participants 

19 other than the Federal Government with the interest of 

20 the Federal Government in having competition among 

21 sources in the acquisition of the product or products 

22 prototyped under the project. 

23 (b) APPROPRIATE USE OF AUTHORITY.—The Sec24 retary of Defense shall ensure that no official of an agency 

25 enters into a transaction under the authority of this sec-
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1 tion for a follow-on production agreement unless use of 

2 a transaction is necessary to continue business arrange3 ments established for prototype projects that included the 

4 significant participation of a nontraditional defense con5 tractor when the nontraditional defense contractor con6 tinues to participate to a significant extent in the pre-pro7 duction or production of the item. 

8 (c) ADVANCE PAYMENTS.—A cumulative total of up 

9 to $20,000,000 of advances to participants in the trans10 actions under this section is allowed without regard to sub11 section 3324(a) of title 31, United States Code, regarding 

12 advance payments. 

13 (d) COMPETITIVE PROCEDURES.—A follow-on pro14 duction agreement provided for in a transaction under 

15 paragraph (a) may be awarded to the participants in the 

16 transaction without the use of competitive procedures, not17 withstanding the requirements of section 2304 of title 10, 

18 United States Code, if—

19 (1) competitive procedures were used for the se20 lection of parties for participation in the prototype 

21 transaction; 

22 (2) the participants in the prototype transaction 

23 successfully completed the prototype project provided 

24 for in the transaction; 
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1 (3) the number of units provided for in the fol2 low-on production agreement does not exceed the 

3 number of units specified in the prototype other 

4 transaction for such potential follow-on production 

5 agreement; and 

6 (4) the prices established in the follow-on pro7 duction agreement do not exceed target prices speci8 fied in the prototype other transaction for such a po9 tential follow-on production agreement. 

10 (e) PROTECTION OF CERTAIN INFORMATION FROM

11 DISCLOSURE.—

12 (1) Disclosure of information described in para13 graph (2) is not required, and may not be compelled, 

14 under section 552 of title 5, United States Code, for 

15 five years after the date on which the information is 

16 received by the Department of Defense. 

17 (2)(A) Paragraph (1) applies to information de18 scribed in paragraph (B) that is in the records of 

19 the Department of Defense if the information was 

20 submitted to the Department in a competitive or 

21 noncompetitive process having the potential for re22 sulting in an award, to the party submitting the in23 formation, of a cooperative agreement for perform24 ance of basic, applied, or advanced research author-
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1 ized by section 2358 of this title or another trans2 action authorized by subsection (a). 

3 (B) The information referred to in subpara4 graph (A) is the following: 

5 (i) A proposal, proposal abstract, and sup6 porting documents. 

7 (ii) A business plan submitted on a con8 fidential basis. 

9 (iii) Technical information submitted on a 

10 confidential basis. 

11 (f) PERIOD OF AUTHORITY.—The authority to con12 duct a pilot program under this section shall terminate 

13 on September 30, 2010. The termination of the authority 

14 shall not affect the validity of continued performance on 

15 agreements that are awarded or modified during the pe16 riod of the pilot program. 

17 SEC. 822. CHARGING OF FEES FOR LOGISTICS DATA. 

18 (a) IN GENERAL.—Chapter 141 of title 10, United 

19 States Code, is amended by inserting after section 2410m 

20 the following new section: 

21 ‘‘§ 2410n. Charging of fees for logistics data 

22 ‘‘The Secretary of Defense may establish fees, at a 

23 level sufficient to recover costs, for materials provided by 

24 the Defense Logistics Information Services to the public, 
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1 State and local governments, and Federal entities from 

2 the Federal Logistics Information System.’’. 

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

4 at the beginning of such chapter is amended by adding 

5 at the end the following item:

‘‘2410n. Charging of fees for logistics data.’’.

6 SEC. 823. SALE AND EXCHANGE OF MISSILE PROPELLANTS 

7 AND ELECTRICITY. 

8 (a) IN GENERAL.—Section 2404 of title 10, United 

9 States Code, is amended—

10 (1) by striking ‘‘fuel’’ each place it appears and 

11 inserting ‘‘energy’’; 

12 (2) in subsection (d), by striking ‘‘of the De13 partment of Defense’’; 

14 (3) in subsection (e), by striking ‘‘such blends’’ 

15 and inserting ‘‘such blends, and additives thereto’’; 

16 (4) by redesignating subsection (f) as sub17 section (g); 

18 (5) by inserting after subsection (e) the fol19 lowing new subsection (f): 

20 ‘‘(f) MISSILE PROPELLANT DEFINED.—In this sec21 tion, the term ‘missile propellant’ means the chemical 

22 product which is utilized as an energy, oxidizer, catalyst 

23 or inert additive in the engines of rockets and missiles or 

24 used in high energy lasers.’’; and 
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1 (6) in subsection (g), as redesignated by para2 graph (4), by adding at the end the following new 

3 paragraphs: 

4 ‘‘(5) Missile propellant. 

5 ‘‘(6) Electricity.’’. 

6 (b) CLERICAL AMENDMENTS.—(1) The heading of 

7 such section is amended to read as follows: 

8 ‘‘§ 2404. Energy acquisitions, exchanges and waiv9 ers’’. 

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

11 141 of such title is amended by striking the item relating 

12 to section 2404 and inserting the following new item:

‘‘2404. Energy acquisitions, exchanges and waivers.’’.

13 SEC. 824. PILOT PROGRAM TO CONTRACT WITH LOCAL 

14 GOVERNMENTS FOR SERVICES. 

15 (a) ACQUISITION AUTHORITY.—Subject to the provi16 sions of chapter 146 of title 10, United States Code, but 

17 notwithstanding any other provision of law related to the 

18 award of public contracts, the Secretary of a military de19 partment may enter into a contract or other agreement 

20 for the provision of local governmental services at an in21 stallation of the Department of Defense with the local gov22 ernmental entity responsible in accordance with state law 

23 for serving the area that includes the installation or facil24 ity. The Secretary may enter into such a contract or 

25 agreement without utilizing competitive procedures and 
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1 without regard to whether the local governmental entity 

2 to which the Secretary makes award is required by law 

3 to provide those services to the public without direct 

4 charge: provided, however, that such law does not require 

5 the provision of those services to federal facilities without 

6 charge. 

7 (b) LIMITATIONS.—The authority provided in sub8 section (a) may be used at no more than two installations 

9 in each military department and may not be applied after 

10 September 30, 2010. 

11 (c) DEFINITIONS.—In this section, the term ‘‘local 

12 governmental services’’ means refuse collection and dis13 posal, libraries, recreation, facility repair and mainte14 nance, and utilities. 

15 SEC. 825. PROCUREMENT OF BALL AND ROLLER BEARINGS. 

16 (a) LIMITATION.—Paragraph (5) of subsection (a) of 

17 section 2534 of title 10, United States Code, is amended 

18 to read as follows: 

19 ‘‘(5) BALL BEARINGS AND ROLLER BEAR20 INGS.—Ball bearings and roller bearings or bearing 

21 components, except ball bearings and roller bearings 

22 being procured for use in an end product manufac23 tured by a manufacturer that does not satisfy the 

24 requirements of subsection (b) or in a component 

25 part manufactured by such a manufacturer. ‘Bear-
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1 ing components’ means the bearing element, re2 tainer, inner race, or outer race.’’. 

3 (b) INAPPLICABILITY TO CERTAIN CONTRACTS.—

4 Paragraph (2) of subsection (j) of such section is amended 

5 to read as follows: 

6 ‘‘(2) This section does not apply with respect to a 

7 contract or subcontract to purchase items described in 

8 subsection (a)(5) if such contract or subcontract is for the 

9 acquisition of commercial items, unless commercial ball 

10 and roller bearings are being acquired as end items.’’. 

11 SEC. 826. INCREASED THRESHOLD FOR AWARDING CON12 TRACTS UNDER OTHER THAN COMPETITIVE 

13 PROCEDURES. 

14 Section 2304(f)(1)(B) of title 10, United States 

15 Code, is amended—

16 (1) in clause (ii), by striking ‘‘$50,000,000’’ 

17 and inserting ‘‘$75,000,000’’; and 

18 (2) in clause (iii), by striking ‘‘$50,000,000’’ 

19 and inserting ‘‘$75,000,000’’. 
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1 SEC. 827. INCREASED THRESHOLD FOR REQUIRING CON2 TRACTORS TO PROVIDE SPECIFIED EM3 PLOYEE INFORMATION TO COOPERATIVE 

4 AGREEMENT HOLDERS. 

5 Section 2416(d) of title 10, United States Code, is 

6 amended by striking ‘‘$500,000’’ and inserting 

7 ‘‘$1,000,000’’. 

8 SEC. 828. LIMITATION ON TASK AND DELIVERY ORDER 

9 CONTRACTS. 

10 Subsection 2304a(f) of title 10, United States Code, 

11 is amended to read as follows: 

12 ‘‘(f) CONTRACT PERIOD.—The head of an agency en13 tering into a task or delivery order contract under this 

14 section may provide for the contract to cover any period 

15 up to five years and may extend the contract period for 

16 one or more successive periods pursuant to an option pro17 vided in the contract or a modification to the contract. 

18 In no event, however, may the total contract period as ex19 tended exceed ten years.’’. 

20 Subtitle C—Acquisition-Related 

21 Reports and Other Matters 

22 SEC. 841. STREAMLINING REAL PROPERTY TRANSACTIONS. 

23 (a) Section 2662 of title 10, United States Code, is 

24 amended—

25 (1) by amending subsection (a) to read as fol26 lows: 
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1 ‘‘(a) GENERAL NOTICE AND WAIT REQUIRE2 MENTS.—The Secretary concerned shall provide a report 

3 of the facts concerning the proposed transaction to the 

4 Committee on Armed Services of the Senate and the Com5 mittee on Armed Services of the House of Representatives 

6 if the estimated price, annual rental, or value exceeds the 

7 unspecified minor military construction ceiling in section 

8 2805(a)(1) of this title. Such transactions are—

9 ‘‘(1) An acquisition of fee title to any real prop10 erty, 

11 ‘‘(2) A lease of any real property to the United 

12 States, 

13 ‘‘(3) A lease or license of real property owned 

14 by the United States, 

15 ‘‘(4) A transfer of real property owned by the 

16 United States to another Federal agency or another 

17 military department or to a State, 

18 ‘‘(5) A report of excess real property owned by 

19 the United States to a disposal agency, or 

20 ‘‘(6) Any termination or modification by either 

21 the grantor or grantee of an existing license or per22 mit to a military department of real property owned 

23 by the United States, under which substantial in24 vestments have been or are proposed to be made in 
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1 connection with the use of the property by the mili2 tary department.’’; 

3 (2) in subsection (b), by striking ‘‘$750,000’’ 

4 and inserting ‘‘the unspecified minor military con5 struction project ceiling in section 2805(a)(1) of this 

6 title’’; and 

7 (3) in subsection (e), by striking ‘‘$750,000’’ 

8 and inserting ‘‘the unspecified minor military con9 struction project ceiling in section 2805(a)(1) of this 

10 title’’. 

11 (b) Section 2672 of title 10, United States Code, is 

12 amended—

13 (1) in subsection (a)—

14 (A) in paragraph (1)—

15 (i) by striking ‘‘(1) The’’ and insert16 ing ‘‘The’’; 

17 (ii) by redesignating subparagraphs 

18 (A) and (B) as paragraphs (1) and (2); 

19 and 

20 (iii) in paragraph (2), as redesignated, 

21 by striking ‘‘$750,000’’ and inserting ‘‘the 

22 unspecified minor military construction 

23 project ceiling in section 2805(a)(1) of this 

24 title’’; and 

25 (B) by striking paragraph (2); and 
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1 (2) in subsection (b), by striking ‘‘$750,000’’ 

2 and everything that follows through the period at 

3 the end of the sentence and inserting ‘‘the unspec4 ified minor military construction project ceiling in 

5 section 2805(a)(1) of this title’’. 

6 SEC. 842. REPEAL OF ANNUAL REPORTING REQUIREMENT 

7 CONCERNING MANAGEMENT OF DEPOT EM8 PLOYEES. 

9 Section 2472 of title 10, United States Code, is 

10 amended—

11 (1) by striking ‘‘(a) PROHIBITION ON MANAGE12 MENT BY END STRENGTH.—’’; and 

13 (2) by striking subsection (b). 

14 SEC. 843. SIMPLIFICATION OF ANNUAL REPORTING RE15 QUIREMENTS CONCERNING FUNDS EX16 PENDED FOR DEPOT MAINTENANCE AND RE17 PAIR WORKLOADS. 

18 Section 2466(d) of title 10, United States Code, is 

19 amended to read as follows: 

20 ‘‘(d) ANNUAL REPORTS.—(1) Not later than April 1 

21 of each year, the Secretary of Defense shall submit to Con22 gress a report identifying, for each of the military depart23 ments and each Defense Agency, the percentage of the 

24 funds referred to in subsection (a) that was expended dur25 ing the preceding fiscal year and are projected to be ex-
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1 pended in the current and the next fiscal years for per2 formance of depot-level maintenance and repair workloads 

3 by the public and private sectors, as required by this sec4 tion. 

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

6 the Secretary submits a report under this subsection, the 

7 Comptroller General shall submit to Congress the Comp8 troller General’s views on whether the Department of De9 fense has complied with the requirements of subsection (a) 

10 for the preceding fiscal year covered by the report and that 

11 the expenditure projections for the current and next fiscal 

12 years are reasonable.’’.

13 SEC. 844. PROVISIONS RELATING TO REAL PROPERTY. 

14 (a) IN GENERAL.—(1) Section 2661 of title 10, 

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

16 following new subsections: 

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 2 percent of the 

21 purchase price. 

22 ‘‘(d) AVAILABILITY OF FUNDS FOR ACQUISITION OF

23 CERTAIN INTERESTS IN LANDS.—Appropriations avail24 able to the Department of Defense for operation and 

25 maintenance or construction may be used for the acquisi-
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1 tion of land or interests in land under section 2672 of 

2 this title and for the acquisition of interests in land under 

3 section 2675 of this title.’’. 

4 (2) Section 2679 of such title is amended—

5 (A) by striking the title and inserting the fol6 lowing: 

7 ‘‘§ 2679. Use of facilities by private organizations or 

8 as polling places’’; 

9 (B) by redesignating subsections (a), (b), (c), 

10 and (d) as paragraphs (1), (2), (3), and (4), respec11 tively; 

12 (C) by inserting before paragraph (1), as redes13 ignated, the following: 

14 ‘‘(a) USE OF SPACE AND EQUIPMENT BY VETERANS’ 

15 ORGANIZATIONS.—’’; 

16 and 

17 (D) by adding at the end the following new sub18 sections: 

19 ‘‘(b) LICENSES TO AMERICAN NATIONAL RED CROSS

20 FOR ERECTION AND USE OF BUILDINGS.—Under such 

21 conditions as he may prescribe, the Secretary concerned 

22 may issue a revocable license to the American National 

23 Red Cross to—
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1 ‘‘(1) erect and maintain, on any military instal2 lation under the Secretary’s jurisdiction, buildings 

3 for the storage of supplies; or 

4 ‘‘(2) use, for the storage of supplies, buildings 

5 erected by the United States. 

6 Supplies stored in buildings erected or used under this sec7 tion are available to aid the civilian population in a serious 

8 national disaster. 

9 ‘‘(c) USE OF CERTAIN FACILITIES AS POLLING

10 PLACES.—(1) Notwithstanding chapter 29 of title 18 (in11 cluding sections 592 and 593 of such title) or any other 

12 provision of law, the Secretary of Defense or Secretary 

13 of a military department may not (except as provided in 

14 paragraph (3)) prohibit the designation or use of a quali15 fying facility under the jurisdiction of the Secretary as an 

16 official polling place for local, State, or Federal elections. 

17 ‘‘(2) A Department of Defense facility is a qualifying 

18 facility for purposes of this subsection if as of December 

19 31, 2000—

20 ‘‘(A) the facility is designated as an official 

21 polling place by a State or local election official; or 

22 ‘‘(B) the facility has been used as such an offi23 cial polling place since January 1, 1996. 

24 ‘‘(3) The limitation in paragraph (1) may be waived 

25 by the Secretary with respect to a particular Department 
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1 of Defense facility if the Secretary determines that local 

2 security conditions require prohibition of the designation 

3 or use of that facility as an official polling place for any 

4 election.’’. 

5 (3) Section 2664 of such title is repealed. 

6 (4) Sections 2666, 2670, and 2673 of such title are 

7 repealed. 

8 (b) CLERICAL AMENDMENTS.—The table of sections 

9 for chapter 159 of such title is amended—

10 (1) by striking the items relating to sections 

11 2664, 2666, 2670, and 2673; and 

12 (2) by striking the item relating to section 2679 

13 and inserting the following:

‘‘2679. Use of facilities by private organizations or as polling places.’’.

14 TITLE IX—DEPARTMENT OF DE15 FENSE ORGANIZATION AND 

16 MANAGEMENT 

17 Subtitle A—Duties and Functions 

18 of Department of Defense Officers 

19 SEC. 901. TRANSFER OF RESPONSIBILITY FOR THE ASSEM20 BLED CHEMICAL ––WEAPONS ALTERNATIVES 

21 PROGRAM. 

22 Section 142(a) of the Strom Thurmond National De23 fense Authorization Act for Fiscal Year 1999 (Public Law 

24 105–261; 50 U.S.C. 1521 note) is amended to read as 

25 follows: 
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1 ‘‘(a) PROGRAM MANAGEMENT.—Oversight of the As2 sembled Chemical Weapons Alternatives program shall be 

3 transferred from the Under Secretary of Defense for Ac4 quisition, Technology and Logistics to the Secretary of the 

5 Army not later than January 1, 2005. Upon transfer of 

6 oversight, the program may be managed as part of the 

7 Department of the Army management organization speci8 fied in 50 U.S.C. 1521(e). The Army shall continue to 

9 implement fully the alternative technologies previously se10 lected for the destruction of lethal chemical munitions at 

11 Pueblo Chemical Depot, Colorado, and Blue Grass Army 

12 Depot, Kentucky by the Under Secretary of Defense for 

13 Acquisition, Technology and Logistics.’’. 

14 SEC. 902. EXPANDED ELIGIBILITY TO SERVE AS THE DEP15 UTY CHIEF OF NAVAL OPERATIONS AND AS16 SISTANT CHIEF OF NAVAL OPERATIONS. 

17 (a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Sec18 tion 5036(a) of title 10, United States Code, is amended 

19 by striking ‘‘in the line’’. 

20 (b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—

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

22 the line’’. 
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1 SEC. 903. REPEAL OF REQUIRED PERIODIC INSPECTOR 

2 GENERAL AUDITS OF ––UNDEFINITIZED CON3 TRACTUAL ACTIONS. 

4 Section 908 of the Defense Acquisition Improvement 

5 Act of 1986 (as contained in section 101(c) of Public Law 

6 99–500 and identically enacted in section 101(c) [title X] 

7 of Public Law 99–591 and title IX of division A of Public 

8 Law 99–661) (10 U.S.C. 2326 note) is amended by strik9 ing subsection (b). 

10 SEC. 904. REPEAL OF MANDATORY INSPECTOR GENERAL 

11 REVIEW OF –ADVISORY AND ASSISTANCE 

12 SERVICES CONTRACT WAIVERS. 

13 Section 2399(e)(2) of title 10, United States Code, 

14 is amended by striking ‘‘The Inspector General of the De15 partment of Defense shall review each such waiver and 

16 shall include in the Inspector General’s semi-annual report 

17 an assessment of those waivers made since the last such 

18 report.’’

19 SEC. 905. CHAIN OF SUCCESSION FOR THE CHIEF, NA20 TIONAL GUARD BUREAU. 

21 (a) DESIGNATION OF SENIOR OFFICER IN NATIONAL

22 GUARD BUREAU.—Section 10502 of title 10, United 

23 States Code, is amended by adding at the end the fol24 lowing new subsection: 

25 ‘‘(e) SUCCESSION.—Unless otherwise directed by the 

26 President or Secretary of Defense, when there is a vacancy 
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1 in the office of the Chief of the National Guard Bureau 

2 or in the event the Chief is unable to perform his duties, 

3 the more senior officer of either the Army National Guard 

4 of the United States or the Air National Guard of the 

5 United States on duty with the National Guard Bureau 

6 shall serve as the acting Chief until a successor is ap7 pointed or the Chief once again is able to perform his du8 ties.’’. 

9 (b) CLERICAL AMENDMENTS.—(1) The heading of 

10 such section is amended by adding at the end the fol11 lowing: ‘‘; 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 by inserting before the period at the end the fol15 lowing: ‘‘; succession’’. 

16 (c) REPEALER.—Subsections (d) and (e) of section 

17 10505 of such title are repealed. 

18 Subtitle B—Reports

19 SEC. 911. REPEAL OF REPORTING REQUIREMENT CON20 CERNING THE COOPERATIVE THREAT RE21 DUCTION PROGRAM. 

22 Section 1307 of the National Defense Authorization 

23 Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 

24 2165), is repealed. 
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1 SEC. 912. REPEAL OF ANNUAL REPORTING REQUIREMENT 

2 CONCERNING THREAT POSED BY WEAPONS 

3 OF MASS DESTRUCTION, BALLISTIC MIS4 SILES, AND CRUISE MISSILES. 

5 Section 234 of the National Defense Authorization 

6 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

7 1664; 50 U.S.C. 2367), is repealed. 

8 Subtitle C—Other Matters 

9 SEC. 921. MANPOWER AND BUDGET ISSUES IN THE DE10 FENSE PRISONER OF WAR/MISSING PER11 SONNEL OFFICE. 

12 Section 1501(a)(5) of title 10, United States Code, 

13 is amended by striking subparagraph (C). 

14 SEC. 922. THREE-YEAR EXTENSION OF MENTOR-PROTE 

15 AE1GE AE1 PROGRAM. 

16 Section 831 of the National Defense Authorization 

17 Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 

18 2302 note) is amended—

19 (1) in subsection (j)—

20 (A) in paragraph (1), by striking ‘‘Sep21 tember 30, 2005’’ and inserting ‘‘September 30, 

22 2008’’; and 

23 (B) in paragraph (2), by striking ‘‘Sep24 tember 30, 2008’’ and inserting ‘‘September 30, 

25 2011’’; and 
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1 (2) in subsection (l)(3), by striking ‘‘2007’’ and 

2 inserting ‘‘2010’’. 

3 TITLE X—GENERAL PROVISIONS 

4 Subtitle A—Financial Matters 

5 SEC. 1001. CAPTURE OF ALL EXPIRED FUNDS FROM THE 

6 MILITARY PERSONNEL AND OPERATION AND 

7 MAINTENANCE APPROPRIATIONS ACCOUNTS 

8 FOR USE IN THE FOREIGN CURRENCY FLUC9 TUATIONS ACCOUNT. 

10 Section 2779 of title 10, United States Code, is 

11 amended—

12 (1) in subsection (a)(2), by striking ‘‘second fis13 cal year’’ and inserting ‘‘fifth fiscal year’’; and 

14 (2) in subsection (d)(2), by striking ‘‘second fis15 cal year’’ and inserting ‘‘fifth fiscal year’’. 

16 SEC. 1002. REIMBURSEMENT FOR USE OF PERSONAL CEL17 LULAR TELEPHONES WHEN USED FOR OFFI18 CIAL GOVERNMENT BUSINESS. 

19 (a) IN GENERAL.—(1) Chapter 134 of title 10, 

20 United States Code, is amended by inserting after section 

21 2257 the following new section: 

22 ‘‘§ 2258. Personal cellular telephones: reimbursement 

23 when used for Government business 

24 ‘‘(a) GENERAL AUTHORITY.—The Secretary of De25 fense may reimburse members of the Army, Navy, Air 
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1 Force, and Marine Corp, and civilian officers and employ2 ees of the Department of Defense, for cellular telephone 

3 use on a privately owned cellular telephone when used on 

4 official Government business. Such reimbursement shall 

5 be on a flat-rate basis. 

6 ‘‘(b) REIMBURSEMENT RATE.—The Secretary of De7 fense may prescribe the reimbursement rate for purposes 

8 of subsection (a). That reimbursement rate may not ex9 ceed the equivalent Government costs of providing a cel10 lular telephone to employees on official Government busi11 ness.’’. 

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

13 at the beginning of subchapter II of such chapter is 

14 amended by inserting after the item relating to section 

15 2257 the following new item:

‘‘2258. Personal cellular telephones: reimbursement when used for Government 

business.’’.

16 SEC. 1003. PURCHASE OF PROMOTIONAL ITEMS OF NOMI17 NAL VALUE FOR RECRUITMENT PURPOSES. 

18 (a) IN GENERAL.—Chapter 81 of title 10, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 1599e. Authority to purchase items of nominal 

22 value for recruitment purposes 

23 ‘‘The Secretary of Defense may purchase promotional 

24 items of nominal value for use in the recruitment of indi-
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1 viduals for employment under this chapter. The Secretary 

2 shall prescribe guidelines for the administration of the pre3 ceding sentence.’’. 

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

5 for such chapter is amended by adding at the end the fol6 lowing new item:

‘‘1599e. Authority to purchase items of nominal value for recruitment purposes.’’.

7 SEC. 1004. MICROCLAIM WAIVER AUTHORITY. 

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

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 2229. General waiver authority 

12 ‘‘(a) Pursuant to regulations published by the Sec13 retary of Defense, the Secretary or his designees may 

14 waive indebtedness owed to the United States Government 

15 and arising out of the activities of, or referred to, the De16 partment of Defense, and not referred to another execu17 tive or legislative agency for further collection action, 

18 when, based on a cost benefit analysis, the costs of collec19 tion are expected to exceed the amounts recoverable. 

20 ‘‘(b) The authority pursuant to this section may be 

21 delegated to the lowest level to ensure costs of processing 

22 waivers do not exceed costs of processing collections. Exer23 cise of this waiver authority for amounts in excess of the 

24 micropurchase threshold amount is not authorized. 
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1 ‘‘(c) Waivers under subsection (a) may be applied to 

2 indebtedness owed by military and civilian personnel, fees 

3 for jury duty, or similar items where application of the 

4 waiver authority would be more economical to the Govern5 ment than processing the action to completion. Application 

6 of the waiver to any transaction is at the sole discretion 

7 of the Secretary or designee and may not be reviewed in 

8 a court of law. 

9 ‘‘(d) Nothing in this section requires the exercise of 

10 the waiver authority and no rights are conferred hereby 

11 on any third party.’’. 

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

13 at the beginning of such chapter is amended by adding 

14 at the end the following new item:

‘‘2229. Microclaim waiver authority.’’.

15 Subtitle B—Naval Vessels and 

16 Shipyards 

17 SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERV18 ICE CRAFT AND BOATS. 

19 (a) IN GENERAL.—Subsection (d) of section 7305 of 

20 title 10, United States Code, is amended to read as fol21 lows: 

22 ‘‘(d) EXCHANGE OR SALE OF SIMILAR ITEMS.—(1) 

23 Notwithstanding any other provision of law, the Secretary 

24 and his designees, in acquiring similar personal property 
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1 pursuant to section 503 of title 40, may, under regulations 

2 to be prescribed by the Secretary—

3 ‘‘(A) exchange or sell obsolete Navy service 

4 craft and boats, and 

5 ‘‘(B) retain from the proceeds of the sale of 

6 such personal property amounts necessary to re7 cover, to the extent practicable, the full costs, direct 

8 and indirect, incurred by the Navy in preparing such 

9 property for exchange or sale, including the costs for 

10 towing, storage, defueling, removal and disposal of 

11 hazardous wastes, environmental surveys to deter12 mine the presence of regulated polychlorinated 

13 biphenyl (PCB) containing materials, and if found, 

14 the removal and disposal of regulated PCB-con15 taining materials, and other related costs. 

16 The Secretary or his designees may use such retained pro17 ceeds in whole or in part payment for the preparation of 

18 additional obsolete Navy service craft and boats for future 

19 sale or exchange under this authority. 

20 ‘‘(2) Such amounts shall be deposited into an account 

21 that shall be available for such costs without regard to 

22 fiscal year limitations. Amounts that are not needed to 

23 pay such costs shall be transferred at least annually to 

24 the general fund or to a specific account in the Treasury 

25 as otherwise authorized by law. 
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1 ‘‘(3) Section 3709 of the Revised Statutes does not 

2 apply to sales of property pursuant to this subsection.’’. 

3 SEC. 1012. AWARD CONTRACTS FOR SHIP DISMANTLING ON 

4 NET COST BASIS. 

5 (a) IN GENERAL.—Chapter 633 of title 10, United 

6 States Code, is amended by inserting after section 7305 

7 the following new section: 

8 ‘‘§ 7305a. Contracts for ship dismantling awarded on 

9 net cost basis

10 ‘‘(a) AUTHORIZATION.—Notwithstanding any other 

11 provision of law, the Secretary of the Navy may award 

12 on a net cost basis contracts for the dismantling of ships 

13 stricken from the Naval Vessel Register. In exercising au14 thority under this section, the Secretary shall to the max15 imum extent practicable use the competitive procedure or 

16 combination of competitive procedures that is best suited 

17 under the circumstances of the procurement. 

18 ‘‘(b) RETENTION OF PROCEEDS.—When the Sec19 retary of the Navy awards a ship dismantling contract on 

20 a net cost basis, the contractor may retain the proceeds 

21 from the sale of scrap and reusable items from the vessel 

22 being dismantled. 

23 ‘‘(c) DEFINITIONS.—For purposes of this section: 
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1 ‘‘(1) The term ‘scrap’ means personal property 

2 that has no value except for its basic material con3 tent. 

4 ‘‘(2) The term ‘net cost basis’ means the dif5 ferential between the gross cost of performance of 

6 the contract less the offeror’s estimate of the value 

7 under the contract of scrap and reusable items that 

8 the contractor will remove from the vessel during 

9 performance of the contract. 

10 ‘‘(3) The term ‘reusable items’ means any de11 militarized components or removable portions of the 

12 ship or equipment that the Navy has identified as 

13 excess to its needs but which have potential resale 

14 value on the open market.’’. 

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

16 at the beginning of such chapter is amended by inserting 

17 after the item relating to section 7305 the following new 

18 item:

‘‘7305a. Contracts for ship dismantling awarded on net cost basis.’’.

19 Subtitle C—Counterdrug Activities 

20 SEC. 1021. USE OF TWO-YEAR EXTENSION OF 

21 COUNTERDRUG FUNDS FOR 

22 COUNTERTERRORISM IN COLOMBIA. 

23 (a) AUTHORITY.—In fiscal years 2005 and 2006, the 

24 Secretary of Defense may use funds available for drug 

25 interdiction and counterdrug activities to provide assist-
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1 ance to the Government of Colombia to support a unified 

2 campaign against narcotics trafficking and activities by 

3 organizations designated as terrorist organizations, such 

4 as the Revolutionary Armed Forces of Colombia (FARC), 

5 the National Liberation Army (ELN), and the United 

6 Self-Defense Forces of Colombia (AUC). This includes au7 thority to take actions to protect human health and wel8 fare in emergency circumstances, including rescue oper9 ations for any United States citizen, to include United 

10 States armed forces personnel, United States civilian em11 ployees, and civilian contractors employed by the United 

12 States. 

13 (b) RELATIONSHIP TO EXISTING AUTHORITY.—The 

14 authority in this section is in addition to authorities cur15 rently available to provide assistance to Colombia. 

16 Subtitle D—Other Department of 

17 Defense Provisions 

18 SEC. 1031. CONTROL AND SUPERVISION OF TRANSPOR19 TATION WITHIN THE DEPARTMENT OF DE20 FENSE. 

21 (a) IN GENERAL.—Title 10, United States Code, is 

22 amended as follows: 

23 (1) Section 4744 is amended—

24 (A) by redesignating section 4744 as sec25 tion 2648; 
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1 (B) in the first sentence, by striking ‘‘the 

2 Army’’ and inserting ‘‘Defense’’; and 

3 (C) in the first paragraph, by striking 

4 ‘‘Army transport agencies or, within –bulk 

5 space allocations made to the Department of 

6 the Army, on vessels operated by any military 

7 transport agency of’’. 

8 (2) Section 4745 is amended—

9 (A) by redesignating section 4745 as sec10 tion 2649; 

11 (B) in paragraph (a)—

12 (i) by striking ‘‘(1) on vessels oper13 ated by Army transport agencies, or (2) 

14 within bulk space allocations made to the 

15 Department of the Army’’; and 

16 (ii) by striking ‘‘any transport agency 

17 of’’; and 

18 (C) by striking ‘‘the Army and the Sec19 retary of Transportation’’ and inserting ‘‘De20 fense’’. 

21 (3) Section 4747 is amended—

22 (A) by redesignating section 4747 as sec23 tion 2650; 

24 (B) by striking ‘‘Army transport agencies 

25 or, within bulk space allocations made to the 
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1 Department of the Army, on vessels operated 

2 by any transport agency of’’; and 

3 (C) by striking ‘‘the Army’’ and inserting 

4 ‘‘Defense’’. 

5 (4) Section 4741 is repealed. 

6 (5) Section 4743 is repealed. 

7 (6) Section 4746 is repealed. 

8 (7) Section 9741 is repealed. 

9 (8) Section 9743 is repealed. 

10 (9) Section 9746 of title 10, United States 

11 Code, is amended—

12 (A) by redesignating section 9746 as sec13 tion 2651; 

14 (B) by inserting ‘‘vessels or’’ after ‘‘trans15 ported on’’;

16 (C) by striking ‘‘Air Force transport agen17 cies or, within bulk space allocations made by 

18 the Department of the Air Force, on vessels or 

19 airplanes operated by any military transport 

20 agency of’’; 

21 (D) in paragraph (1), by striking ‘‘the Air 

22 Force’’ and inserting ‘‘Defense’’; and 

23 (E) in paragraph (4)—

24 (i) by striking subparagraph (A); and 
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1 (ii) by redesignating subparagraph 

2 (B) as subparagraph (A). 

3 (b) CLERICAL AMENDMENTS.—

4 (1)(A) The table of sections at the beginning of 

5 chapter 447 of such title is amended by striking the 

6 item relating to section 4744. 

7 (B) The table of sections at the beginning of 

8 chapter 157 of such title is amended by adding at 

9 the end the following new item:

‘‘2647. Persons and supplies: sea transportation.’’.

10 (2)(A) The table of sections at the beginning of 

11 chapter 447 of such title is amended by striking the 

12 item relating to section 4745. 

13 (B) The table of sections at the beginning of 

14 chapter 157 of such title is amended by adding at 

15 the end the following new item:

‘‘2648. Civilian passengers and commercial cargoes: transports in trans-Atlantic 

service.’’.

16 (3)(A) The table of sections at the beginning of 

17 chapter 447 of such title is amended by striking the 

18 item relating to section 4747. 

19 (B) The table of sections at the beginning of 

20 chapter 157 of such title is amended by adding at 

21 the end the following new item:

‘‘2649. Passengers and merchandise to Guam: sea transport.’’.
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1 (4) The table of sections at the beginning of 

2 chapter 447 of such title is amended by striking the 

3 item relating to section 4741. 

4 (5) The table of sections at the beginning of 

5 chapter 447 of such title is amended by striking the 

6 item relating to section 4743. 

7 (6) The table of sections at the beginning of 

8 chapter 447 of such title is amended by striking the 

9 item relating to section 4746. 

10 (7) The table of sections at the beginning of 

11 chapter 947 of such title is amended by striking the 

12 item relating to section 9741. 

13 (8)(A) The table of sections at the beginning of 

14 chapter 447 of such title is amended by striking the 

15 item pertaining to section 4746; and 

16 (B) The table of sections at the beginning of 

17 chapter 157 of such title is amended by adding at 

18 the end the following new item:

‘‘2651. Civilian personnel in Alaska.’’.–

19 Subtitle E—Other Matters 

20 SEC. 1041. REPEAL OF PROHIBITION ON CONTRACTS FOR 

21 PERFORMANCE OF SECURITY-GUARD FUNC22 TIONS. 

23 Section 2465 of title 10, United States Code, is 

24 amended—
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1 (1) by striking ‘‘or security-guard’’ in the 

2 section heading; and 

3 (2) in subsection (a), by striking ‘‘or security 

4 guard’’. 

5 SEC. 1042. ESTABLISHMENT OF AUXILIARIES WITHIN THE 

6 MILITARY DEPARTMENTS. 

7 (a) IN GENERAL.—Part IV of subtitle A of title 10, 

8 United States Code, is amended by inserting after chapter 

9 172 the following new chapter: 

10 ‘‘CHAPTER 173—AUXILIARIES

‘‘Sec.

‘‘2921. Administration of auxiliaries. 

‘‘2922. Purpose of an auxiliary. 

‘‘2923. Eligibility, enrollments. 

‘‘2924. Members of the auxiliary; status. 

‘‘2925. Disenrollment. 

‘‘2926. Membership in other organizations. 

‘‘2927. Use of member’s equipment and facilities. 

‘‘2928. Availability of appropriations. 

‘‘2929. Assignment and performance of duties. 

‘‘2930. Injury or death in line of duty. 

‘‘2931. Limitation on liability.

11 ‘‘§ 2921. Administration of auxiliaries 

12 ‘‘(a) An auxiliary of a military department is a non13 military organization administered by the Secretary con14 cerned. For command, control, and administrative pur15 poses, the auxiliary shall include such organizational ele16 ments and units as are approved by the Secretary, which 

17 may include a national board and staff (to be known as 

18 the ‘auxiliary headquarters unit’), districts, regions, divi19 sions, and other organizational elements and units. The 
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1 auxiliary organization and its officers shall have such 

2 rights, privileges, powers, and duties as may be granted 

3 to them by the Secretary, consistent with this title and 

4 other applicable provisions of law. The Secretary may des5 ignate the authority and responsibilities of the officers of 

6 the auxiliary that the Secretary considers necessary or ap7 propriate for the functioning, organization, and internal 

8 administration of the auxiliary. 

9 ‘‘(b) The national board of an auxiliary, and any aux10 iliary district or region, may form a corporation under 

11 State law in accordance with policies established by the 

12 Secretary. 

13 ‘‘§ 2922. Purpose of an auxiliary 

14 ‘‘The purpose of an auxiliary is to assist the military 

15 department under which it is established, as authorized 

16 by the Secretary concerned, in performing any non-combat 

17 function, power, duty, role, mission, or operation author18 ized by law for that military department. 

19 ‘‘§ 2923. Eligibility, enrollments 

20 ‘‘An auxiliary shall be composed of citizens of the 

21 United States, who by reason of their special training or 

22 experience are deemed by the Secretary concerned to be 

23 qualified for duties and functions of the auxiliary, and who 

24 may be enrolled therein pursuant to regulations estab25 lished by the Secretary. 
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1 ‘‘§ 2924. Members of the auxiliary; status 

2 ‘‘(a) Except as otherwise provided in this chapter, a 

3 member of an auxiliary shall not be considered a Federal 

4 employee. 

5 ‘‘(b) A member of an auxiliary, while performing 

6 duty, shall be considered to be a Federal employee for the 

7 purposes of the provisions of law relating to—

8 ‘‘(1) ethics, conflicts of interest, corruption, and 

9 any other criminal or civil statutes and regulations 

10 governing the conduct of Federal employees; 

11 ‘‘(2) compensation for work injuries under 

12 chapter 81 of title 5; and 

13 ‘‘(3) resolution of claims relating to damage to 

14 or loss of personal property of the member incident 

15 to service under section 3721 of title 31. 

16 ‘‘(c) A member of the auxiliary, while assigned to 

17 duty, shall be deemed to be a person acting under an offi18 cer of the United States or an agency thereof for purposes 

19 of section 1442(a)(1) of title 28. 

20 ‘‘(d) A member of the auxiliary, while assigned to 

21 duty, shall be deemed to be a member of a uniformed serv22 ice for purposes of sections 2928 and 2930 of this title. 

23 ‘‘§ 2925. Disenrollment

24 ‘‘Members of an auxiliary may be disenrolled pursu25 ant to applicable regulations established by the Secretary 

26 concerned. 
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1 ‘‘§ 2926. Membership in other organizations 

2 ‘‘Members of an auxiliary may be appointed or en3 listed in a Reserve component, pursuant to applicable reg4 ulations. Membership in the auxiliary shall not bar mem5 bership in any other naval or military organization. 

6 ‘‘§ 2927. Use of member’s equipment and facilities 

7 ‘‘At no cost to the government, the Secretary con8 cerned may utilize for any purpose incident to carrying 

9 out his department’s functions and duties, equipment or 

10 facilities placed at his department’s disposition for any 

11 such purpose by any member of the auxiliary while per12 forming duties or missions assigned by the Secretary. 

13 ‘‘§ 2928. Availability of appropriations 

14 ‘‘Appropriations authorized for operation and mainte15 nance of a military department may be used to pay actual 

16 necessary traveling expenses and subsistence, or commuta17 tion of ration allowance in lieu of subsistence, of members 

18 of the auxiliary assigned to authorized duties, but shall 

19 not be available for the payment of compensation for per20 sonal services, incident to such operation, other than to 

21 personnel of the military department. 

22 ‘‘§ 2929. Assignment and performance of duties 

23 ‘‘No member of an auxiliary, solely by reason of such 

24 membership, shall be vested with, or exercise, any right, 

25 privilege, power, or duty vested in or imposed upon the 

26 personnel of the military department concerned, except 
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1 that any such member may, under applicable regulations, 

2 be assigned duties which, after appropriate training and 

3 examination, he has been found competent to perform, to 

4 effectuate the purposes of the auxiliary. No member of the 

5 auxiliary shall be placed in charge of an activity or organi6 zation assigned to the military department unless he has 

7 been designated specifically by authority of the Secretary 

8 concerned to perform such duty. Members of the auxiliary, 

9 when assigned to duties as herein authorized, shall, unless 

10 otherwise limited by the Secretary concerned, be vested 

11 with the same power and authority in the execution of 

12 such duties as members of the regular or Reserve compo13 nents of that military department assigned to similar duty. 

14 When any member of the auxiliary is assigned to such 

15 duty, he may, pursuant to regulations issued by the Sec16 retary, be paid actual necessary traveling expenses, includ17 ing a per diem allowance in conformity with standardized 

18 Government travel regulations in lieu of subsistence, while 

19 traveling and while on duty away from his home. No per 

20 diem shall be paid for any period during which quarters 

21 and subsistence in kind are furnished by the Government. 

22 No member of an auxiliary, while performing auxiliary 

23 duty, shall exercise command. 
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1 ‘‘§ 2930. Injury or death in line of duty 

2 ‘‘(a) If a member of an auxiliary is physically injured, 

3 or dies as a result of physical injury, and the injury is 

4 incurred while performing any duty to which he has been 

5 assigned pursuant to this chapter, the law authorizing 

6 compensation for employees of the United States suffering 

7 injuries while in the performance of their duties, applies, 

8 subject to this section. That law shall be administered by 

9 the Secretary of Labor to the same extent as if the mem10 ber was a civil employee of the United States and was 

11 injured in the performance of that duty. For benefit com12 putation, regardless of pay or pay status, the member is 

13 considered to have had monthly pay of the monthly equiva14 lent of the minimum rate of basic pay in effect for grade 

15 GS–9 of the General Schedule on the date the injury is 

16 incurred. 

17 ‘‘(b) This section does not apply if a worker’s com18 pensation law provides coverage because of a concurrent 

19 employment status of the member. When the member or 

20 a dependent is entitled to a benefit under this section and 

21 also to a concurrent benefit from the United States on 

22 account of the same disability or death, the member or 

23 dependent, as appropriate, shall elect which benefit to re24 ceive. 

25 ‘‘(c) If a claim is filed under this section with the 

26 Secretary of Labor for benefits because of an alleged in-
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1 jury or death, the Secretary of Labor shall notify the Sec2 retary concerned who shall direct an investigation into the 

3 facts surrounding the alleged injury or death. The Sec4 retary then shall certify to the Secretary of Labor whether 

5 or not the injured or deceased person was a member of 

6 an auxiliary, the person’s military status, and whether or 

7 not the injury or death was incurred incident to military 

8 service. 

9 ‘‘(d) A member of an auxiliary who incurs a physical 

10 disability or contracts sickness or disease while performing 

11 a duty to which the member has been assigned pursuant 

12 to this chapter is entitled to the same hospital treatment 

13 afforded a member of the Reserves of the armed forces 

14 while serving on active duty. 

15 ‘‘(e) In administering section 8133 of title 5, for a 

16 person covered by this section—

17 ‘‘(1) the percentages applicable to payments 

18 under that section are—

19 ‘‘(A) 45 percent under subsection (a)(2) of 

20 that section, where the member died fully or 

21 currently insured under title II of the Social Se22 curity Act (42 U.S.C. 401 et seq.), with no ad23 ditional payments for a child or children so long 

24 as the widow or widower remains eligible for 

25 payments under that subsection; 
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1 ‘‘(B) 20 percent under subsection (a)(3) of 

2 that section, for one child, and 10 percent addi3 tional for each additional child, not to exceed a 

4 total of 75 percent, where the member died 

5 fully or currently insured under title II of the 

6 Social Security Act; and 

7 ‘‘(C) 25 percent under subsection (a)(4) of 

8 that section, if one parent was wholly dependent 

9 for support upon the deceased member at the 

10 time of the member’s death and the other was 

11 not dependent to any extent; 16 percent to each 

12 if both were wholly dependent; and if one was, 

13 or both were, partly dependent, a proportionate 

14 amount in the discretion of the Secretary of 

15 Labor; 

16 ‘‘(2) payments may not be made under sub17 section (a)(5) of that section; and 

18 ‘‘(3) the Secretary of Labor shall inform the 

19 Commissioner of Social Security whenever a claim is 

20 filed and eligibility for compensation is established 

21 under section 8133(a)(2) and (3) of title 5. The 

22 Commissioner of Social Security then shall certify to 

23 the Secretary of Labor whether or not the member 

24 concerned was fully or currently insured under title 
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1 II of the Social Security Act at the time of the mem2 ber’s death. 

3 ‘‘§ 2931. Limitation on liability 

4 ‘‘A member of an auxiliary, while assigned to duty, 

5 shall be deemed a volunteer of a nonprofit organization 

6 or governmental entity for purposes of chapter 139 of title 

7 42 (popularly known as the ‘Volunteer Protection Act’). 

8 Subsection (d) of section 4 of such Act (42 U.S.C. 

9 14503(d)) shall not apply for purposes of any claim 

10 against a member of an auxiliary.’’. 

11 (b) CLERICAL AMENDMENT.—The tables of chapters 

12 at the beginning of such subtitle and the beginning of part 

13 I of such subtitle are amended by inserting after the item 

14 relating to chapter 172 the following new item:

‘‘173. Auxiliaries ................................................................................. 2921’’.

15 SEC. 1043. NATIONAL DEFENSE HERITAGE FOUNDATION. 

16 (a) IN GENERAL.—Part IV of subtitle A of title 10, 

17 United States Code is amended by adding at the end the 

18 following new chapter: 

19 ‘‘CHAPTER 173—NATIONAL DEFENSE HERITAGE 

20 FOUNDATION

‘‘Sec.

‘‘2905. Establishment and purpose. 

‘‘2906. Composition and operation. 

‘‘2907. Corporate powers and obligations. 

‘‘2908. Liability of United States. 

‘‘2909. Promotion of local fundraising support. 

‘‘2910. Authorization of appropriations.
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1 ‘‘§ 2905. Establishment and purpose 

2 ‘‘(a) ESTABLISHMENT.—A National Defense Herit3 age Foundation is hereby established as a charitable and 

4 nonprofit corporation for the purposes specified in sub5 section (b), and shall be organized and operated as a char6 itable foundation under title 76, section 501(c)(3), United 

7 States Code. 

8 ‘‘(b) PURPOSES.—The Foundation shall encourage, 

9 accept, and administer private gifts of money and real and 

10 personal property or any income therefrom for the benefit 

11 of, or in connection with, the preservation, protection, and 

12 continued beneficial use of historic properties owned or 

13 controlled by the Department of Defense. 

14 ‘‘§ 2906. Composition and operation––––

15 ‘‘(a) BOARD OF DIRECTORS.—The National Defense 

16 Heritage Foundation shall be governed by a Board of Di17 rectors that shall consist of—

18 ‘‘(1) the Secretary of Defense, ex officio; 

19 ‘‘(2) the Secretaries of the Military Depart20 ments, ex officio; 

21 ‘‘(3) the Director of the National Park Service, 

22 ex officio; 

23 ‘‘(4) five experts in the field of historic preser24 vation appointed by the Secretary of Defense from 

25 the disciplines of architecture, history, archeology, or 

26 other appropriate disciplines; 
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1 ‘‘(5) three at-large members from the general 

2 public appointed by the Secretary of Defense; and 

3 ‘‘(6) the Chairman of the Advisory Council on 

4 Historic Preservation, ex officio. 

5 ‘‘(b) TERM OF APPOINTMENT.—The initial terms of 

6 the five historic preservation experts and the three at-large 

7 members shall be staggered to assure continuity of admin8 istration. Thereafter, the term shall be six years, unless 

9 a successor is chosen to fill a vacancy occurring prior to 

10 the expiration of the term for which his predecessor was 

11 chosen, in which event the successor shall be chosen only 

12 for the remainder of that term. 

13 ‘‘(c) CHAIRPERSON AND SECRETARY.—The Secretary 

14 of Defense shall be the Chairman of the Board and the 

15 Director of the National Park Service shall be the Sec16 retary of the Board. 

17 ‘‘(d) MEMBERSHIP AND OPERATION.—Except as to 

18 those Board members serving in their official capacities, 

19 service as a member of the Board shall not constitute em20 ployment by, or the holding of, an office of the United 

21 States for the purposes of any Federal law. A majority 

22 of the members of the Board serving at any one time shall 

23 constitute a quorum for the transaction of business, and 

24 the Foundation shall have an official seal, which shall be 

25 judicially noticed. The Board shall meet at the call of the 
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1 Chairman and there shall be at least one meeting each 

2 year. 

3 ‘‘(e) COMPENSATION AND TRAVEL EXPENSES.—No 

4 compensation shall be paid to the members of the Board 

5 for their services as members, but they shall be reimbursed 

6 for actual and necessary traveling and subsistence ex7 penses incurred by them in the performance of their duties 

8 as such members out of National Defense Heritage Foun9 dation funds available to the Board for such purposes.

10 ‘‘(f) VOLUNTEER STATUS.—The Secretary of De11 fense may accept, without regard to civil service classifica12 tion laws, rules, or regulations, the services of the Founda13 tion, the Board, and the officers and employees of the 

14 Board, without compensation from the Department of De15 fense, as volunteers in the performance of the functions 

16 authorized herein. 

17 ‘‘(g) EMPLOYEES.—An officer or employee of the 

18 Foundation—

19 ‘‘(1) shall not by virtue of the appointment or 

20 employment of the office or employee, be considered 

21 a Federal employee for any purpose; and 

22 ‘‘(2) may not be paid by the Foundation a sal23 ary in excess of $134,000 per year. 
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1 ‘‘§ 2907. Corporate powers and obligations 

2 ‘‘(a) GIFTS.—(1) The Foundation is authorized to ac3 cept, receive, solicit, hold, administer, and use any gifts, 

4 devises, or bequests, either absolutely or in trust, of real 

5 or personal property or any income therefrom or other in6 terest therein for the benefit of or in connection with, the 

7 preservation, protection, and continued beneficial use of 

8 historic properties owned or controlled by the Department 

9 of Defense; provided, that the Foundation may not accept 

10 any such gift, devise, or bequest that entails any expendi11 ture other than from the resources of the Foundation. 

12 ‘‘(2) An interest in real property includes, among 

13 other things, easements or other rights for preservation, 

14 conservation, protection, or enhancement of historic prop15 erties. 

16 ‘‘(3) A gift, device, or bequest may be accepted by 

17 the Foundation even though it is encumbered, restricted, 

18 or subject to beneficial interests of private persons if any 

19 current or future interest therein supports the purposes 

20 for which the Foundation has been established. 

21 ‘‘(b) PROPERTY AND INCOME DEALINGS AND TRANS22 ACTIONS.—(1) Except as otherwise required by the instru23 ment of transfer, the Foundation may sell, lease, invest, 

24 reinvest, retain, or otherwise dispose of or deal with any 

25 property or income thereof as the Board may from time 

26 to time determine. 
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1 ‘‘(2) The Foundation shall not engage in any busi2 ness, nor shall the Foundation make any investment that 

3 may not lawfully be made by a trust company in the Dis4 trict of Columbia, except that the Foundation may make 

5 any investment authorized by the instrument of transfer, 

6 and may retain any property accepted by the Foundation. 

7 ‘‘(3) The Foundation may utilize the services and fa8 cilities of the Department of Defense, the Department of 

9 the Interior, and the Department of Justice, and such 

10 services and facilities may be made available on request 

11 to the extent practicable with or without reimbursement 

12 therefore. Monies reimbursed to any Department shall be 

13 returned by the Department to the account from which 

14 the funds for which the reimbursement is made were 

15 drawn and may, without further appropriation, be ex16 pended for any purpose for which such account is author17 ized. 

18 ‘‘(c) CORPORATE SUCCESSION; POWERS AND DUTIES

19 OF TRUSTEE; SUITS; PERSONAL LIABILITY FOR MALFEA20 SANCE.—The Foundation shall have perpetual succession, 

21 with all the usual powers and obligations of a corporation 

22 acting as a trustee, including the power to sue and to be 

23 sued in its own name, but the members of the Board shall 

24 not be personally liable, except for malfeasance. 
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1 ‘‘(d) AUTHORITY FOR EXECUTION OF CONTRACTS, 

2 INSTRUMENTS, AND NECESSARY OR APPROPRIATE

3 ACTS.—The Foundation shall have the power to enter into 

4 contracts, to execute instruments, and generally to do any 

5 and all lawful acts necessary or appropriate to its pur6 poses. 

7 ‘‘(e) BYLAWS, RULES, AND REGULATIONS; CON8 TRACTS FOR SERVICES.—In carrying out the provisions 

9 of this subchapter, the Board may adopt bylaws, rules, 

10 and regulations necessary for the administration of its 

11 functions and contract for any necessary services. 

12 ‘‘§ 2908. Liability of United States 

13 ‘‘The United States shall not be liable for any debts, 

14 defaults, acts, or omissions of the Foundation. 

15 ‘‘§ 2909. Promotion of local fundraising support 

16 ‘‘(a) ESTABLISHMENT.—The Foundation shall design 

17 and implement a comprehensive program to assist and 

18 promote philanthropic programs of support at the indi19 vidual military installation level. 

20 ‘‘(b) IMPLEMENTATION.—The program under sub21 section (a) shall be implemented to—

22 ‘‘(1) assist in the creation of local nonprofit 

23 support organizations; and 
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1 ‘‘(2) provide support, national consistency, and 

2 management-improving suggestions for local non3 profit support organizations. 

4 ‘‘(c) PROGRAM.—The program under subsection (a) 

5 shall include the greatest number of military installations 

6 as is practicable. 

7 ‘‘(d) REQUIREMENTS.—The program under sub8 section (a) shall include, at a minimum—

9 ‘‘(1) a standard adaptable organizational design 

10 format to establish and sustain responsible manage11 ment of a local nonprofit support organization for 

12 support of a military installation; 

13 ‘‘(2) standard and legally tenable bylaws and 

14 recommended money-handling procedures that can 

15 easily be adapted as applied to individual military in16 stallations; and 

17 ‘‘(3) a standard training curriculum to orient 

18 and expand the operating expertise of personnel em19 ployed by local nonprofit support organizations. 

20 ‘‘(e) ANNUAL REPORT.—The Foundation shall report 

21 the progress of the program under subsection (a) in the 

22 annual report of the Foundation. 

23 ‘‘(f) AFFILIATIONS.—(1) Nothing in this section re24 quires: 
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1 ‘‘(A) a nonprofit support organization or 

2 friends group to modify current practices or to affil3 iate with the Foundation; or 

4 ‘‘(B) a local nonprofit support organization, es5 tablished as a result of this section, to be bound 

6 through its charter or corporate bylaws to be perma7 nently affiliated with the Foundation. 

8 ‘‘(2) An affiliation with the Foundation shall be es9 tablished only at the discretion of the governing board of 

10 a nonprofit organization. 

11 ‘‘§ 2910. Authorization of appropriations 

12 ‘‘(a) AUTHORIZATION.—There are authorized to be 

13 appropriated to the Department of Defense such sums as 

14 may be necessary to achieve the purposes of the Founda15 tion. 

16 ‘‘(b) USE OF AMOUNTS APPROPRIATED.—(1) Subject 

17 to paragraph (2), amounts appropriated under this section 

18 shall be made available to the Foundation for use for 

19 matching, in whole or in part, contributions (whether in 

20 currency, services, or property) made to the Foundation 

21 by private persons and State and local government agen22 cies. 

23 ‘‘(2) No Federal funds authorized under this section 

24 shall be used by the –foundation for administrative ex-
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1 penses of the Foundation, including salaries, travel and 

2 –transportation expenses, and other overhead expenses. 

3 ‘‘(c) ADDITIONAL AUTHORIZATION.—The amounts 

4 authorized to be appropriated under this section are in 

5 addition to any amounts provided or available to the 

6 Foundation under any other Federal law.’’. 

7 (b) CLERICAL AMENDMENT.—The table of chapters 

8 of part IV of subtitle A of such title is amended by adding 

9 at the end the following new item:

‘‘173. National Defense Heritage Foundation ......................................... 2905’’.

10 SEC. 1044. CONFORMING AMENDMENTS TO GENERAL DEFI11 NITIONS. 

12 (a) IN GENERAL.—Section 101(e)(3) of title 10, 

13 United States Code, is amended by striking ‘‘Secretary of 

14 Defense’’ and inserting ‘‘Secretary concerned’’. 

15 (b) CONFORMING AMENDMENTS TO DEFINITION OF

16 CONGRESSIONAL DEFENSE COMMITTEES.—Title 10 is 

17 further amended as follows: 

18 (1) Sections 2676(d), 2694a(e), 2803(b), 

19 2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 2807(c), 

20 2808(b), 2809(f)(1), 2811(d), 2812(c)(1)(A), 

21 2813(c), 2814(a)(2)(A), 2814(g)(1), 2825(b)(1), 

22 2827(b), 2828(f), 2835(g), 2836(f), 2837(c)(2), 

23 2853(c)(2), 2854(b), 2854a(c)(1), 2865(e)(2), 

24 2866(c)(2), 2875(e), 2881a(d)(2), 2881a(e), 

25 2883(f), and 2884(a), are amended by striking ‘‘ap-
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1 propriate committees of Congress’’ in each place it 

2 appears and inserting ‘‘congressional defense com3 mittees’’. 

4 (2)(A) Subsection (c) of section 2801 is amend5 ed by striking paragraph (4) and inserting the fol6 lowing new paragraph (4): 

7 ‘‘(4) The term ‘congressional defense commit8 tees’ includes, with respect to any project to be car9 ried out by, or for the use of, an intelligence compo10 nent of the Department of Defense, the Permanent 

11 Select Committee on Intelligence of the House of 

12 Representatives and the Select Committee on Intel13 ligence of the Senate.’’; 

14 (B) Section 2694a is amended by striking sub15 section (i) and inserting the following new subsection 

16 (i): 

17 ‘‘(i) DEFINITION OF STATE.—The term ‘State’ in18 cludes the District of Columbia, the Commonwealth of 

19 Puerto Rico, the Commonwealth of the Northern Mariana 

20 Islands, and the Territories.’’. 

21 (c) CONFORMING AMENDMENTS TO DEFINITION OF

22 BASE CLOSURE LAWS.—(1) Section 2871 of such title is 

23 amended by redesignating paragraphs (3) through (8) as 

24 paragraphs (2) through (7), respectively. 
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1 (2) Section 3341(c) of title 5, United States Code, 

2 is amended by striking paragraph (1) and inserting the 

3 following new paragraph (1): 

4 ‘‘(1) the term ‘base closure law’ has the meaning 

5 given such term in section 101(a)(17) of title 10.’’. 

6 (3) Title 40, United States Code, is amended—

7 (A) in section 554(a), by striking paragraph (1) 

8 and inserting the following new paragraph (1): 

9 ‘‘(1) BASE CLOSURE LAW.—The term ‘base closure 

10 law’ has the meaning given such term in section 

11 101(a)(17) of title 10.’’; and 

12 (B) in section 572(b), by striking subparagraph 

13 (B) of paragraph (1) and inserting the following new 

14 subparagraph (B): 

15 ‘‘(B) BASE CLOSURE LAW.—The term ‘base closure 

16 law’ has the meaning given such term in section 

17 101(a)(17) of title 10.’’. 

18 (4) Section 120(h)(4)(E) of the Comprehensive Envi19 ronmental Response, Compensation, and Liability Act of 

20 1980 (Public Law 96–510; 42 U.S.C. § 9620(h)) is 

21 amended by striking clause (ii) and inserting the following 

22 new clause (ii): 

23 ‘‘(ii) For purposes of this paragraph, the term ‘base 

24 closure law’ has the meaning given such term in 10 U.S.C. 

25 § 101(a)(17).’’. 
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1 (5) Section 1333(i) of the National Defense Author2 ization Act for Fiscal Year 1994 (Public Law 103–160; 

3 107 Stat. 1800), is amended by striking paragraph (1) 

4 and inserting the following new paragraph (1): 

5 ‘‘(1) The term ‘base closure law’ has the meaning 

6 given such term in 10 U.S.C. § 101(a)(17).’’. 

7 (6) Section 2814 of the National Defense Authoriza8 tion Act for Fiscal Year 1995 (Public Law 103–337, 108 

9 Stat. 3056), is amended by striking subsection (b) and 

10 inserting the following new subsection (b): 

11 ‘‘(b) BASE CLOSURE LAW DEFINED.—The term 

12 ‘base closure law’ has the meaning given such term in 10 

13 U.S.C. § 101(a)(17).’’. 

14 (7) Section 1(c) of An Act to Amend the Organic Act 

15 of Guam, and for other purposes (Public Law 106–504; 

16 114 Stat. 2309), is amended by striking paragraph (2) 

17 and inserting the following new paragraph (2): 

18 ‘‘(2) The term ‘base closure law’ has the meaning 

19 given such term in 10 U.S.C. § 101(a)(17).’’. 

20 SEC. 1045. USE OF DEPARTMENT OF DEFENSE FITNESS FA21 CILITIES BY CONTRACT WORKERS. 

22 (a) IN GENERAL.—The Secretary of Defense may au23 thorize employees of Department of Defense contractors 

24 to use Department of Defense-owned, Department of De25 fense-operated fitness facilities if the Secretary determines 
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1 that such use is in the best interest of the Department 

2 of Defense and causes no more than a de minimis increase 

3 in the cost of operation of such facilities. Active duty and 

4 Government civilian personnel will be granted top priority 

5 status for use of such facilities where availability is lim6 ited. 

7 (b) LIABILITY WAIVER.—In order to use such facili8 ties, the contractor and the employee must agree to waive 

9 any claims of liability against the Government, and to its 

10 officers, employees, and agents arising from such use. 

11 TITLE XI—DEPARTMENT OF 

12 DEFENSE CIVILIAN PERSONNEL 

13 SEC. 1101. PRIORITY PLACEMENT OF DISPLACED CIVILIAN 

14 EMPLOYEES. 

15 (a) IN GENERAL.—Chapter 81 of title 10, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 1599e. Defense priority placement program 

19 ‘‘(a) PRIORITY PLACEMENT.—The Secretary of De20 fense, at his sole and exclusive discretion and notwith21 standing the provisions of title 5, may establish one or 

22 more programs to promote stability of employment for De23 partment of Defense civilian employees affected by chang24 ing mission requirements, streamlining efforts, overseas 

25 rotations (including rotations undertaken pursuant to sec-
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1 tion 1586 of this title), preferences established by law, and 

2 other such actions as the Secretary shall determine, by 

3 providing such employees priority consideration, as de4 fined by the Secretary, for placement in other positions 

5 within the Department of Defense. 

6 ‘‘(b) CONSTRUCTION.—The content of any program 

7 developed under subsection (a), and any personnel action 

8 undertaken pursuant to such program, shall not be review9 able outside the Department of Defense except to the ex10 tent that may be required by the United States Constitu11 tion.’’. 

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

13 at the beginning of such chapter is amended by inserting 

14 at the end the following new item:

‘‘1599e. Defense priority placement program.’’.

15 SEC. 1102. EMPLOYMENT PREFERENCE FOR SPOUSES OF 

16 CIVILIAN EMPLOYEES. 

17 Section 1784 of title 10, United States Code, is 

18 amended by adding at the end the following new sub19 sections:

20 ‘‘(h) INCLUSION OF SPOUSES OF CERTAIN DOD CI21 VILIAN EMPLOYEES.—For the purposes of this section, 

22 the spouse of a civilian employee of the Department of 

23 Defense who has been reassigned and relocated pursuant 

24 to a mandatory mobility agreement executed as a condi25 tion of employment, or other mandatory mobility program 
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1 shall be considered the spouse of a member of the armed 

2 forces. 

3 ‘‘(i) LIMITING OPERATION OF THE HIRING PREF4 ERENCE.—The hiring preference in this section shall 

5 apply to any Department of Defense civilian position other 

6 than positions that fall under chief of mission authority 

7 as set forth in section 3927 of title 22.’’. 

8 SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE PER9 SONNEL. 

10 Section 1602 of title 10, United States Code, is 

11 amended—

12 (1) in subsection (a), by striking ‘‘in relation to 

13 the rates of pay provided in subpart D of part III 

14 of title 5 for positions subject to that subpart which 

15 have corresponding levels of duties and responsibil16 ities’’ and inserting ‘‘in relation to the rates of pay 

17 provided for other comparable Department of De18 fense Senior Executive, Senior Level, and other posi19 tions’’; and 

20 (2) by striking subsection (b) and substituting 

21 the following new subsection (b): 

22 ‘‘(b) The Defense Intelligence Senior Executive Serv23 ice shall be subject to a performance appraisal system 

24 which, as designed and applied, is certified by the Sec25 retary of Defense as making meaningful distinctions based 
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1 on relative performance and may be the same performance 

2 appraisal system established and implemented within the 

3 Department for members of the Senior Executive Serv4 ice.’’. 

5 SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN DOD 

6 NONAPPROPRIATED FUND INSTRUMENTAL7 ITIES. 

8 (a) IN GENERAL.—Chapter 81 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 1599e. Senior executive compensation for non12 appropriated fund instrumentalities 

13 ‘‘Notwithstanding any provisions of title 5, the Sec14 retary of Defense may regulate the amount of total com15 pensation, including the rate of basic pay, of senior execu16 tives employed by Department of Defense nonappropriated 

17 fund instrumentalities, to provide for parity with the total 

18 compensation, including basic pay, of Department of De19 fense employees in the Senior Executive Service and other 

20 similar senior executive positions.’’. 

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

22 at the beginning of such chapter is amended by inserting 

23 after the item relating to section 1589 the following new 

24 item:

‘‘1599e. Senior Executive Compensation for Nonappropriated Fund Instrumentalities.’’.
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1 SEC. 1105. PROHIBIT UNAUTHORIZED WEARING, MANUFAC2 TURE, OR SALE OF CIVILIAN MEDALS OR 

3 DECORATIONS. 

4 (a) IN GENERAL.—Chapter 57 of title 10, United 

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 1134. Civilian medals or decorations of the Depart8 ment of Defense 

9 ‘‘(a) PROHIBITION.—Except with the written permis10 sion of the Secretary of Defense, no person may knowingly 

11 use, in connection with any merchandise, retail product, 

12 impersonation, solicitation, or commercial activity in a 

13 manner reasonably calculated to convey the impression 

14 that such use is approved, endorsed, or authorized by the 

15 Secretary, medals, decorations, or other insignia intended 

16 for recognition of Department of Defense civilian employ17 ees and other individuals who render service to the De18 partment of Defense. 

19 ‘‘(b) AUTHORITY TO ENJOIN VIOLATIONS.—When20 ever it appears to the Attorney General that any person 

21 is engaged or is about to engage in an act or practice 

22 which constitutes or will constitute conduct prohibited by 

23 subsection (a), the Attorney General may initiate a civil 

24 proceeding in a district court of the United States to en25 join such act or practice. Such court shall proceed as soon 

26 as practicable to the hearing and determination of such 
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1 action and may, at any time before final determination, 

2 enter such restraining orders or prohibitions, or take such 

3 other actions as is warranted, including imposing a civil 

4 penalty not to exceed $25,000 for each violation, to pre5 vent injury to the United States or to any person or class 

6 of persons for whose protection the action is brought.’’. 

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

8 at the beginning of such chapter is amended by adding 

9 at the end the following new item:

‘‘1134. Civilian medals or decorations of the Department of Defense.’’.

10 TITLE XII—MATTERS RELATING 

11 TO OTHER NATIONS 

12 Subtitle A—Matters Related to 

13 Arms Control and Monitoring 

14 SEC. 1201. HUMANITARIAN ASSISTANCE WITH RESPECT TO 

15 THE DETECTION AND CLEARANCE OF LAND16 MINES AND EXPLOSIVE REMNANTS OF WAR. 

17 Chapter 20 of title 10, United States Code, is amend18 ed—

19 (1) in section 401—

20 (A) in subsection (a), by striking para21 graph (4); 

22 (B) in subsection (c)—

23 (i) by striking paragraphs (2) and (3); 

24 and 
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1 (ii) by redesignating paragraph (4) as 

2 paragraph (2); and 

3 (C) in subsection (e), by striking para4 graph (5);

5 (2) by adding the following new section at the 

6 end of such chapter: 

7 ‘‘§ 406. Humanitarian assistance with respect to the 

8 detection and clearance of landmines and 

9 explosive remnants of war 

10 ‘‘(a)(1) Under regulations prescribed by the Sec11 retary of Defense, United States armed forces may provide 

12 humanitarian assistance with the detection and clearance 

13 of landmines or explosive remnants of war in a foreign 

14 country, including activities relating to the furnishing of 

15 education, training, and technical assistance, if these ac16 tivities will promote: 

17 ‘‘(A) the security interests of both the United 

18 States and the country in which the activities are to 

19 be carried out; and 

20 ‘‘(B) the specific operational readiness skills of 

21 the members of the armed forces who participate in 

22 the activities. 

23 ‘‘(2) The Secretary of Defense shall ensure that no 

24 member of the armed forces, while providing assistance 

25 under this section: 
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1 ‘‘(A) engages in the physical detection, lifting 

2 or destroying of landmines or explosive remnants of 

3 war (unless the member does so for the concurrent 

4 purpose of supporting a United States military oper5 ation); or 

6 ‘‘(B) provides such assistance as part of a mili7 tary operation that does not involve the armed 

8 forces. 

9 ‘‘(b)(1) To the extent provided in defense authoriza10 tion Acts, funds authorized to be appropriated to the De11 partment of Defense for a fiscal year for humanitarian 

12 assistance shall be used for the purpose of providing as13 sistance under this section. 

14 ‘‘(2) Expenses covered include the following expenses 

15 incurred: 

16 ‘‘(A) Travel, transportation, and subsistence ex17 penses of Department of Defense personnel pro18 viding such assistance. 

19 ‘‘(B) The cost of any equipment, services, or 

20 supplies acquired for the purpose of carrying out or 

21 supporting activities under this section, including 

22 any nonlethal, individual or small-team landmine or 

23 explosive remnant of war clearing equipment or sup24 plies that are to be transferred or otherwise fur-
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1 nished to a foreign country in furtherance of the 

2 provision of assistance under this section. 

3 ‘‘(C) The cost of equipment, services and sup4 plies provided in any fiscal year to a foreign country 

5 under paragraph (2)(B) may not exceed $5,000,000. 

6 ‘‘(c) Humanitarian assistance with respect to the de7 tection and clearance of landmines and remnants of war 

8 may not be provided under this section to any foreign 

9 country unless the Secretary of State specifically approves 

10 the provision of such assistance.’’; and 

11 (3) in the table of sections at the beginning of 

12 such chapter by adding at the end the following new 

13 item:

‘‘406. Humanitarian assistance with respect to the detection and clearance of 

landmines and explosive remnants of war.’’.

14 Subtitle B—Matters Related to Al15 lies and Friendly Foreign Na16 tions 

17 SEC. 1211. IMPROVING AIRSPACE CONTROL AND MANAGE18 MENT IN THE CAUCASUS AND CENTRAL ASIA. 

19 Notwithstanding any other provision of the law, of 

20 the funds available to the Department of Defense, subject 

21 to the concurrence of the Secretary of State, not more 

22 than $150,000,000 in fiscal year 2005 may be made avail23 able for improving airspace control and management in 

24 key countries in the Caucasus and Central Asia (Georgia, 
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1 Azerbaijan, Armenia, Turkmenistan, Uzbekistan, 

2 Kazakhstan, Kyrgyzstan, Tajikistan, and Afghanistan), 

3 thereby permitting a permissive and controlled air corridor 

4 from Europe through the Caucasus to Central Asia and 

5 Afghanistan. 

6 SEC. 1212. GEORGE C. MARSHALL EUROPEAN CENTER FOR 

7 SECURITY STUDIES. 

8 Section 1306(b)(1) of the National Defense Author9 ization Act for Fiscal Year 1995, (Public Law 103–337; 

10 108 Stat. 2892), as amended by section 1223 of the Na11 tional Defense Authorization Act for Fiscal Year 2004 

12 (Public Law 108–136; 117 Stat. 1392), is amended by 

13 striking ‘‘military officers and civilian officials from states 

14 located in Europe or the territory of the former Soviet 

15 Union’’ and inserting ‘‘foreign participants’’. 

16 Subtitle C—Other Matters 

17 SEC. 1221. REPEAL OF THE ANNUAL REPORTING REQUIRE18 MENT CONCERNING THE ACTIVITIES OF CHI19 NESE MILITARY COMPANIES OPERATING IN 

20 THE UNITED STATES. 

21 Section 1233 of the National Defense Authorization 

22 Act Fiscal Year 2001 (Public Law 106–398; 114 Stat. 

23 1645A–330), is repealed. 
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1 SEC. 1222. REPEAL OF REPORTING REQUIREMENT CON2 CERNING SPECIAL OPERATIONS FORCES 

3 TRAINING WITH FRIENDLY FOREIGN FORCES. 

4 Section 2011 of title 10, United States Code, is 

5 amended by striking subsection (e). 

6 SEC. 1223. FOREIGN MILITARY AIDS ADVOCACY, AWARE7 NESS AND PREVENTION ACTIVITIES. 

8 Section 2561(a) of title 10, United States Code, is 

9 amended by inserting ‘‘, to conduct HIV/AIDS advocacy, 

10 awareness, and prevention activities with foreign militaries 

11 and international peacekeepers,’’ after ‘‘transportation of 

12 humanitarian relief’’. 

13 SEC. 1224. REPEAL OF THE AUTHORIZATION FOR THE ES14 TABLISHMENT OF THE CENTER FOR THE 

15 STUDY OF CHINESE MILITARY AFFAIRS. 

16 Section 914 of the National Defense Authorization 

17 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 

18 721), is repealed. 

19 SEC. 1225. USE OF DONATED PROPERTY FOR HUMANI20 TARIAN ASSISTANCE PURPOSES. 

21 Section 2608 of title 10, United States Code, is 

22 amended—

23 (1) by redesignating subsections (e) through (k) 

24 as subsections (f) through (l), respectively; and 

25 (2) by inserting after subsection (d) the fol26 lowing new subsection (e): 
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1 ‘‘(e) USE OF PROPERTY FOR HUMANITARIAN ASSIST2 ANCE PURPOSES.—Notwithstanding any other provision 

3 of law, any contribution of property received under this 

4 section may be donated by the Department of Defense to 

5 developing countries during an exercise, operation or simi6 lar activity. The Department of Defense may use its trans7 portation assets and funds to receive, process, manage, 

8 store, care for, transport and distribute this property, in9 cluding from the location the contribution is received to 

10 its eventual destination for donation.’’. 

11 SEC. 1226. ASSIGNMENT OF FOREIGN NAVY PERSONNEL TO 

12 SUBMARINE SAFETY RESEARCH AND DEVEL13 OPMENT PROGRAMS. 

14 Section 168 of title 10, United States Code, is 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(h) AUTHORITY FOR ASSIGNMENT OF FOREIGN

18 NAVY OFFICERS AND ENLISTED MEMBERS TO SUB19 MARINE SAFETY RESEARCH AND DEVELOPMENT PRO20 GRAMS.—(1) In order to facilitate the development, stand21 ardization, and interoperability of submarine vessel safety 

22 and rescue systems and procedures, the Secretary of the 

23 Navy may conduct a program under which members of 

24 foreign navies are assigned to United States commands 

25 to work on such systems and procedures. 
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1 ‘‘(2) The program authorized by this subsection is 

2 not an exchange program. Reciprocal assignments of 

3 members of the Navy to foreign navies are not required 

4 under this program. 

5 ‘‘(3)(A) Each government sending members to the 

6 United States under the program authorized by this sec7 tion shall pay the salary, per diem, cost of living, travel 

8 costs, cost of language or other training, and other costs 

9 for its own personnel in accordance with the laws and reg10 ulations of such government. 

11 ‘‘(B) Subparagraph (A) does not apply to the fol12 lowing costs: 

13 ‘‘(i) The cost of temporary duty directed by the 

14 United States Navy. 

15 ‘‘(ii) The cost of training programs conducted 

16 to familiarize, orient, or certify members of foreign 

17 naval personnel regarding unique aspects of their as18 signments. 

19 ‘‘(iii) Costs incident to the use of the facilities 

20 of the United States Navy in the performance of as21 signed duties. 

22 ‘‘(4) The requirements of this subsection shall apply 

23 in the exercise of any authority of the Secretary of the 

24 Navy to enter into an agreement with the government of 

25 a foreign country, subject to the concurrence of the Sec-
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1 retary of State, to provide for the assignment of members 

2 of the navy of the foreign country to a United States Navy 

3 submarine safety program. The Secretary of the Navy 

4 may prescribe regulations for the application of this sub5 section in the exercise of such authority.’’.

6 TITLE XIII—HOMELAND 

7 SECURITY 

8 SEC. 1301. REPEAL OF FUNDING RESTRICTIONS CON9 CERNING DEVELOPMENT OF MEDICAL COUN10 TERMEASURES AGAINST BIOLOGICAL WAR11 FARE THREATS. 

12 Section 2370a of title 10, United States Code, is re13 pealed. 

14 DIVISION B—MILITARY CON15 STRUCTION AUTHORIZA16 TIONS 

17 SEC. 2001. SHORT TITLE. 

18 This division may be cited as the ‘‘Military Construc19 tion Authorization Act for Fiscal Year 2005’’. 

20 TITLE XXI—ARMY 

21 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

22 ACQUISITION PROJECTS. 

23 (a) INSIDE THE UNITED STATES.—Using amounts 

24 appropriated pursuant to the authorization of appropria25 tions in section 2104(a)(1), the Secretary of the Army 
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1 may acquire real property and carry out military construc2 tion projects for the installations or locations inside the 

3 United States, and in the amounts, set forth in the fol4 lowing 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 ................................. 47,108,000

Georgia ........................ Fort Benning ............................... 71,777,000

Fort Gillem .................................. 5,800,000

Fort McPherson ........................... 4,900,000

Fort Stewart/Hunter Army Air 

Field.

65,495,000

Hawaii ......................... Helemano Military Reservation ... 75,300,000

Hickam Air Force ........................ 11,200,000

Pohakuloa Training Area ............ 30,000,000

Schofield Barracks ....................... 187,792,000

Wheeler Army Air Field .............. 24,000,000

Kansas ......................... Fort Riley ..................................... 44,050,000

Kentucky ..................... Fort Campbell .............................. 89,600,000

Fort Knox .................................... 72,000,000

Louisiana ..................... Fort Polk ..................................... 70,953,000

Missouri ....................... Fort Leonard Wood ..................... 17,750,000

New Mexico ................. White Sands Missile Range ......... 33,000,000

New York .................... Fort Drum ................................... 4,950,000

Fort Hamilton .............................. 7,600,000

Military Entrance Processing Station, Buffalo.6,200,000

United States Military Academy, 

West Point.

60,000,000

North Carolina ............ Fort Bragg ................................... 101,687,000

Oklahoma .................... Fort Sill ....................................... 14,400,000

Texas ........................... Fort Bliss ..................................... 16,500,000

Fort Hood .................................... 78,088,000

Virginia ........................ Fort A.P. Hill .............................. 3,975,000

Fort Myer .................................... 49,526,000

Washington .................. Fort Lewis ................................... 48,000,000

Total ..................................... 1,420,200,000

5 (b) OUTSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria-
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1 tions in section 2104(a)(2), the Secretary of the Army 

2 may acquire real property and carry out military construc3 tion projects for the installations or locations outside the 

4 United States, and in the amounts, set forth in the fol5 lowing 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

6 SEC. 2102. FAMILY HOUSING. 

7 (a) CONSTRUCTION AND ACQUISITION.—Using 

8 amounts appropriated pursuant to the authorization of ap9 propriations in section 2104(a)(5)(A), the Secretary of the 

10 Army may construct or acquire family housing units (in11 cluding land acquisition and supporting facilities) at the 

12 installations or locations, for the purposes and in the 

13 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
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Army: Family Housing—Continued

State Installation or

location Purpose Amount 

Total ........................ ......................... 394,900,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2104(a)(4)(A), the Secretary of the Army may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of family housing units in an amount not 

7 to exceed $29,209,000. 

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2104(a)(5)(A), 

13 the Secretary of the Army may improve existing military 

14 family housing units in an amount not to exceed 

15 $211,990,000. 

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal years beginning after September 30, 2004, for mili19 tary construction, land acquisition and military family 

20 housing functions of the Department of the Army in the 

21 total amount of $3,336,291,000 as follows: 
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1 (1) For military construction projects inside the 

2 United States authorized by section 2101(a), 

3 $1,250,700,000.

4 (2) For military construction projects outside 

5 the United States authorized by section 2101(b), 

6 $115,200,000. 

7 (3) For unspecified minor military construction 

8 projects authorized by section 2805 of title 10, 

9 United States Code, $20,000,000. 

10 (4) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $151,335,000. 

13 (5) For military family housing functions: 

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military 

16 family housing and facilities, $636,099,000. 

17 (B) For support of military family housing 

18 (including the functions described in section 

19 2833 of title 10, United States Code), 

20 $928,907,000. 

21 (6) For the construction of phase 2 of a bar22 racks complex, 5th & 16th Street, at Ft. Stewart/

23 Hunter Army Air Field, Georgia, authorized by sec24 tion 2101(a) of the Military Construction Authoriza-
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1 tion Act for Fiscal Year 2004 (division B of Public 

2 Law 108–136; 117 Stat. 1697), $32,950,000. 

3 (7) For the construction of phase 3 of a bar4 racks complex renewal, Capron Road, at Schofield 

5 Barracks, Hawaii, authorized by section 2101(a) of 

6 the Military Construction Authorization Act for Fis7 cal Year 2002 (division B of Public Law 107–107; 

8 115 Stat. 1283) and as amended by section 2105 of 

9 the Military Authorization Act for Fiscal Year 2004 

10 (division B of Public Law 108–136; 117 Stat. 

11 1697), $48,000,000. 

12 (8) For the construction of phase 2 of the 

13 Lewis & Clark instructional facility at Fort Leaven14 worth, Kansas, authorized by section 2101(a) of the 

15 Military Construction Authorization Act for Fiscal 

16 Year 2003 (division B of Public Law 107–314; 116 

17 Stat. 2681), $44,000,000. 

18 (9) For the construction of phase 2 of a bar19 racks complex at Wheeler Sack Army Air Field at 

20 Fort Drum, New York, authorized by section 

21 2101(a) of the Military Construction Authorization 

22 Act for Fiscal Year 2004 (division B of Public Law 

23 108–136; 117 Stat. 1697), $48,000,000. 

24 (10) For the construction of phase 2 of a bar25 racks complex, Bastogne Drive, Fort Bragg, North 
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1 Carolina, authorized by section 2101(a) of the Mili2 tary Construction Authorization Act for Fiscal Year 

3 2004 (division B of Public Law 108–136; 117 Stat. 

4 1697), $48,000,000. 

5 (11) For the construction of phase 3 of a main6 tenance complex at Fort Sill, Oklahoma, authorized 

7 by section 2101(a) of the Military Construction Au8 thorization Act for Fiscal Year 2003 (division B of 

9 Public Law 107–314; 116 Stat. 2681), $13,100,000. 

10 TITLE XXII—NAVY 

11 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

12 ACQUISITION PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts 

14 appropriated pursuant to the authorization of appropria15 tions in section 2204(a)(1), the Secretary of the Navy may 

16 acquire real property and carry out military construction 

17 projects for the installations or locations inside the United 

18 States, and in the amounts, set forth in the following 

19 table:

Navy: Inside the United States 

State Installation or location Amount 

Arizona ........................ Marine Corps Air Station, Yuma 26,670,000

California ..................... Marine Corps Base, Camp Pendleton.38,455,000

Naval Air Facility, El Centro ...... 54,331,000

Connecticut .................. Naval Submarine Base, New London.45,882,000

District of Columbia .... Naval Observatory, Washington .. 3,239,000

Florida ......................... Eglin Air Force Base ................... 2,060,000

Naval Station, Mayport ............... 6,200,000
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Navy: Inside the United States—Continued

State Installation or location Amount 

Georgia ........................ Strategic Weapons Facility Atlantic, Kings Bay.16,000,000

Illinois .......................... Naval Training Station, Great 

Lakes.

10,000

Recruit Training Command, 

Great Lakes.

74,771,000

Maryland ..................... Naval Surface Warfare Center, 

Indian Head.

13,900,000

North Carolina ............ Marine Corps Air Station, New 

River.

35,140,000

Marine Corps Base, Camp 

Lejeune.

6,420,000

Washington County ...................... 136,900,000

Virginia ........................ Camp Elmore Marine Corps Detachment.13,500,000

Marine Corps Base, Quantico ...... 41,800,000

Naval Air Station, Oceana ........... 2,770,000

Naval Amphibious Base, Little 

Creek.

2,850,000

Naval Station, Norfolk ................. 4,330,000

Naval Weapons Station, Yorktown.9,870,000

Washington .................. Naval Shipyard Puget Sound, 

Bremerton.

20,305,000

Naval Station, Bremerton ............ 74,125,000

Strategic Weapons Facility Pacific, Bangor.131,090,000

Total ..................................... 760,618,000

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 

6 United States, and in the amounts, set forth in the fol7 lowing table:
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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 Station, Guam ................... 12,500,000

Guam ........................... Naval Public Works Center, 

Guam.

20,700,000

Italy ............................. Sigonella ....................................... 22,550,000

Spain ........................... Naval Station, Rota ..................... 32,700,000

Total ..................................... 126,700,000

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(3), the Secretary of the Navy 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:

Navy: Unspecified Worldwide 

Location Installation or location Amount 

Worldwide Unspecified Unspecified Worldwide ................. 158,640,000

Total ..................................... 158,640,000

7 SEC. 2202. FAMILY HOUSING. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2204(a)(6)(A), the 

10 Secretary of the Navy may construct or acquire family 

11 housing units (including land acquisition and supporting 

12 facilities) at the installations or locations, for the purposes 

13 and in the amounts, set forth in the following table:
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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

1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2204(a)(5)(A), 

6 the Secretary of the Navy may improve existing military 

7 family housing units in an amount not to exceed 

8 $112,105,000. 

9 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal years beginning after September 30, 2004, for mili12 tary construction, land acquisition, and military family 

13 housing functions of the Department of the Navy in the 

14 total amount of $1,904,066,000, as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2201(a), 

17 $621,238,000.

18 (2) For military construction projects outside 

19 the United States authorized by section 2201(b), 

20 $126,700,000.–
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1 (3) For the military construction projects at 

2 unspecified worldwide locations authorized by section 

3 2201(c), $98,560,000. 

4 (4) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, 

6 United States Code, $12,000,000. 

7 (5) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $87,067,000. 

10 (6) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $139,107,000. 

14 (B) For support of military family housing 

15 (including functions described in section 2833 

16 of title 10, United States Code), $704,504,000. 

17 (7) For the construction of increment 2 of the 

18 tertiary sewage treatment plant at Marine Corps 

19 Base, Camp Pendleton, California, authorized by 

20 section 2201(a) of the Military Construction Author21 ization Act for Fiscal Year 2004 (division B of Pub22 lic Law 108–136; 117 Stat. 1703), $25,690,000. 

23 (8) For the construction of increment 2 of the 

24 general purpose berthing pier at Naval Weapons 

25 Station, Earle, New Jersey, authorized by section 
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1 2201(a) of the Military Construction Authorization 

2 Act of Fiscal Year 2004 (division B of Public Law 

3 108–136; 117 Stat. 1704), $49,200,000. 

4 (9) For the construction of increment 2 of pier 

5 11 replacement at Naval Station, Norfolk, Virginia, 

6 authorized by section 2201(a) of the Military Con7 struction Authorization Act of Fiscal Year 2004 (di8 vision B of Public Law 108–136; 117 Stat. 1704), 

9 $40,000,000. 

10 TITLE XXIII—AIR FORCE 

11 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

12 LAND ACQUISITION PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts 

14 appropriated pursuant to the authorization of appropria15 tions in section 2304(a)(1), the Secretary of the Air Force 

16 may acquire real property and carry out military construc17 tion projects for the installations or locations inside the 

18 United States, and in the amounts, set forth in the fol19 lowing 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 ... 10,029,000

Luke Air Force Base ................... 10,000,000

Arkansas ...................... Little Rock Air Force Base ......... 5,031,000

California ..................... Beale Air Force Base ................... 10,186,000

Edwards Air Force Base ............. 9,965,000

Travis Air Force Base ................. 15,244,000

Colorado ...................... Buckley Air Force Base ............... 12,247,000

Florida ......................... Tyndall Air Force Base ............... 18,962,000

Georgia ........................ Robins Air Force Base ................ 15,000,000
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Air Force: Inside the United States—Continued

State Installation or location Amount 

Hawaii ......................... Hickam Air Force Base ............... 25,900,000

Louisiana ..................... Barksdale Air Force Base ........... 13,800,000

Maryland ..................... Andrews Air Force Base .............. 17,100,000

North Carolina ............ Pope Air Force Base .................... 15,150,000

South Carolina ............ Shaw Air Force Base ................... 3,300,000

Tennessee .................... Arnold Air Force Base ................. 22,000,000

Texas ........................... Lackland Air Force Base ............. 2,596,000

Sheppard Air Force Base ............ 50,284,000

Utah ............................ Hill Air Force Base ..................... 13,113,000

Total ..................................... 295,964,000

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 fol7 lowing 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 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 
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1 may acquire real property and carry out military construc2 tion projects for the installations or locations, and in the 

3 amount, set forth in the following table:

Air Force: Unspecified Worldwide 

Location Installation or location Amount 

Worldwide Classified ... Worldwide Unspecified Classified 28,090,000

Worldwide Unspecified Worldwide Unspecified ................. 26,825,000

Total ..................................... 54,915,000

4 SEC. 2302. FAMILY HOUSING. 

5 (a) CONSTRUCTION AND ACQUISITION.—Using 

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2304(a)(6)(A), the Secretary of the 

8 Air Force may construct or acquire family housing units 

9 (including land acquisition and supporting facilities) at the 

10 installations or locations, for the purposes and in the 

11 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 Family Housing Management Facility.711,000

Missouri ...... Whiteman Air Force 

Base.

160 Units ....... 37,087,000
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Air Force: Family Housing—Continued

State Installation or

location Purpose Amount

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

Italy ............. Aviano Air Base .............. FH 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 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2304(a)(6)(A), 

13 the Secretary of the Air Force may improve existing mili-
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1 tary family housing units in an amount not to exceed 

2 $238,353,000. 

3 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

4 FORCE. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2004, for mili7 tary construction, land acquisition, and military family 

8 housing functions of the Department of the Air Force in 

9 the total amount of $2,374,819,000, as follows:–

10 (1) For military construction projects inside the 

11 United States authorized by section 2301(a), 

12 $295,964,000. 

13 (2) For military construction projects outside 

14 the United States authorized by section 2301(b), 

15 $159,299,000. 

16 (3) For the military construction projects at 

17 unspecified worldwide locations authorized by section 

18 2301(c), $54,915,000. 

19 (4) For unspecified minor military construction 

20 projects authorized by section 2805 of title 10, 

21 United States Code, $13,000,000. 

22 (5) For architectural and engineering services 

23 and construction design, under section 2807 of title 

24 10, United States Code, $140,786,000. 

25 (6) For military family housing functions: 
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1 (A) For construction and acquisition, plan2 ning and design and improvement of military 

3 family housing and facilities, $846,959,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 

6 of title 10, United States Code), $863,896,000. 

7 TITLE XXIV—DEFENSE 

8 AGENCIES 

9 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC10 TION AND LAND ACQUISITION PROJECTS. 

11 (a) INSIDE THE UNITED STATES.—Using amounts 

12 appropriated pursuant to the authorization of appropria13 tions in section 2404(a)(1), the Secretary of Defense may 

14 acquire real property and carry out military construction 

15 projects for the installations or locations inside the United 

16 States, and in the amounts, set forth in the following 

17 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.

Columbus, Ohio ............................ 5,500,000

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

Marine Corps Air Station, Cherry 

Point, North Carolina.

22,700,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount 

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

Naval Air Station, North Island, 

California.

1,000,000

Naval Amphibious Base, Little 

Creek, Virginia.

24,200,000

Tri-Care Management 

Activity.

Buckley Air Force Base, Colorado 2,100,000

Fort Belvoir, Virginia .................. 100,000,000

Fort Benning, Georgia ................. 7,100,000

Jacksonville, Florida .................... 28,438,000

Langley Air Force Base, Virginia 50,800,000

Marine Corps Recruit Depot, 

Parris Island, South Carolina.

25,000,000

Total ..................................... 452,582,000

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 

6 United States, and in the amounts, set forth in the fol7 lowing 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

Tri-Care 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 

Worldwide Classified ... Worldwide Unspecified Classified 7,400,000

Worldwide Unspecified Worldwide Unspecified ................. 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 

10 Code, and using amounts appropriated pursuant to the 

11 authorization of appropriations in section 2404(a)(9)(A), 
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1 the Secretary of Defense may improve existing military 

2 family housing units in an amount not to exceed $49,000.

3 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2404(a)(7), the Sec6 retary of Defense may carry out energy conservation 

7 projects under section 2865 of title 10, United States 

8 Code, in the amount of $60,000,000. 

9 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE10 FENSE AGENCIES. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal years beginning after September 30, 2004, for mili13 tary construction, land acquisition, and military family 

14 housing functions of the Department of Defense (other 

15 than the military departments) in the total amount of 

16 $1,163,477,000, as follows: 

17 (1) For military construction projects inside the 

18 United States authorized by section 2401(a), 

19 $395,582,000. 

20 (2) For military construction projects outside 

21 the United States authorized by section 2401(b), 

22 $140,435,000.–

23 (3) For the military construction projects at 

24 unspecified worldwide locations authorized by section 

25 2401(c), $10,300,000. 
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1 (4) For unspecified minor military construction 

2 projects under section 2805 of title 10, United 

3 States Code, $20,938,000. 

4 (5) For contingency construction projects of the 

5 Secretary of Defense under section 2804 of title 10, 

6 United States Code, $10,000,000. 

7 (6) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $62,182,000. 

10 (7) For Energy Conservation projects author11 ized by section 2404 of this Act, $60,000,000. 

12 (8) For base closure and realignment activities 

13 as authorized by the Defense Base Closure and Re14 alignment Act of 1990 (part A of title XXIX of 

15 Public Law 101–510; 10 U.S.C. 2687 note), 

16 $246,116,000. 

17 (9) For military family housing functions: 

18 (A) For improvement of military family 

19 housing and facilities, $49,000. 

20 (B) For support of military family housing 

21 (including functions described in section 2833 

22 of title 10, United States Code), $49,575,000. 

23 (C) For credit to the Department of De24 fense Family Housing Improvement Fund es-
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1 tablished by section 2883(a)(1) of title 10, 

2 United States Code, $2,500,000. 

3 TITLE XXV—NORTH ATLANTIC 

4 TREATY ORGANIZATION SE5 CURITY INVESTMENT PRO6 GRAM 

7 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 The Secretary of Defense may make contributions for 

10 the North Atlantic Treaty Organization Security Invest11 ment Program as provided in section 2806 of title 10, 

12 United States Code, in an amount not to exceed the sum 

13 of the amount authorized to be appropriated for this pur14 pose in section 2502 and the amount collected from the 

15 North Atlantic Treaty Organization as a result of con16 struction previously financed by the United States. 

17 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2004, for con20 tributions by the Secretary of Defense under section 2806 

21 of title 10, United States Code, for the share of the United 

22 States of the cost of projects for the North Atlantic Treaty 

23 Organization Security Investment Program authorized by 

24 section 2501, in the amount of $165,800,000. 
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1 TITLE XXVI—CHEMICAL DEMILI2 TARIZATION CONSTRUCTION, 

3 DEFENSE 

4 SEC. 2601. AUTHORIZATION OF APPROPRIATIONS, CHEM5 ICAL DEMILITARIZATION. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2004, for mili8 tary construction and land acquisition for Chemical De9 militarization in the total amount of $81,886,000, as fol10 lows: 

11 (1) For the construction of phase 6 of a muni12 tions demilitarization facility at Pueblo Chemical Ac13 tivity, Colorado, authorized by section 2401(a) of the 

14 Military Construction Authorization Act for Fiscal 

15 Year 1997 (division B of Public Law 104–201; 110 

16 Stat. 2775), as amended by section 2406 of the Mili17 tary Construction Authorization Act for Fiscal Year 

18 2000 (division B of Public Law 106–65; 113 Stat. 

19 839), and section 2407 of the Military Construction 

20 Authorization Act for Fiscal Year 2003 (division B 

21 of Public Law 107–314; 116 Stat. 2697), 

22 $44,792,000. 

23 (2) For the construction of phase 5 of a muni24 tions demilitarization facility at Blue Grass Army 

25 Depot, Kentucky, authorized by section 2401(a) of 
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1 the Military Construction Authorization Act for Fis2 cal Year 2000 (division B of Public Law 106–65; 

3 113 Stat. 835), as amended by section 2405 of the 

4 Military Construction Authorization Act of 2002 (di5 vision B of Public Law 107–107; 115 Stat. 1298), 

6 and section 2405 of the Military Construction Au7 thorization Act for Fiscal Year 2003 (division B of 

8 Public Law 107–314; 116 Stat. 2697), $37,094,000.

9 TITLE XXVII—GUARD AND 

10 RESERVE FORCES FACILITIES 

11 SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUC12 TION AND LAND ACQUISITION PROJECTS. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2004, for the 

15 costs of acquisition, architectural and engineering services, 

16 and construction of facilities for the Guard and Reserve 

17 Forces, and for contributions therefor, under chapter 

18 1803 of title 10, United States Code (including the cost 

19 of acquisition of land for those facilities), the following 

20 amounts: 

21 (1) For the Department of the Army—

22 (A) for the Army National Guard of the 

23 United States, $265,657,000; and 

24 (B) for the Army Reserve, $87,070,000. 
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1 (2) For the Department of the Navy, for the 

2 Naval and Marine Corps Reserve, $25,285,000. 

3 (3) For the Department of the Air Force—

4 (A) for the Air National Guard of the 

5 United States, $127,368,000; and 

6 (B) for the Air Force Reserve, 

7 $84,556,000. 

8 TITLE XXVIII—EXPIRATION AND 

9 EXTENSION OF AUTHORIZA10 TIONS 

11 SEC. 2801. 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 XXVII for mili17 tary 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 ex21 pire 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 

2 authorizations for military construction projects, land ac3 quisition, family housing projects and facilities, and con4 tributions to the North Atlantic Treaty Organization Se5 curity Investment program (and authorizations of appro6 priations therefor), for which appropriated funds have 

7 been obligated 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 con11 struction projects, land acquisition, family housing 

12 projects and facilities, or contributions to the North 

13 Atlantic Treaty Organization Security Investment 

14 program. 

15 SEC. 2802. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

16 FISCAL YEAR 2002 PROJECTS. 

17 (a) EXTENSION.—Notwithstanding section 2701 of 

18 the Military Construction Authorization Act for Fiscal 

19 Year 2002 (division B of Public Law 107–107; 115 Stat. 

20 1280), authorizations set forth in the tables in subsection 

21 (b), as provided in sections 2101, 2302, and 2601 of that 

22 Act, shall remain in effect until October 1, 2005, or the 

23 date of the enactment of an Act authorizing funds for mili24 tary construction for 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 .. Construct 

Family 

Housing (55 

Units).

11,400,000

Idaho ........... Mountain Home Air 

Force Base.

Replace Family 

Housing (56 

Units).

10,000,000

Louisiana .... Barksdale Air Force Base Replace Family 

Housing (56 

Units).

7,300,000

Army National Guard: Extension of 2002 Project 

Authorizations 

State Installation or

location Project Amount 

California .... Lancaster ........................ Readiness Center (ADRS).4,530,000

Massachusetts.Framingham ................... Organizational 

Maintenance 

Shop.

8,347,000

3 SEC. 2803. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2001 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2701 of 

6 the Military Construction Authorization Act for Fiscal 
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1 Year 2001 (division B of Public Law 106–398; 114 Stat. 

2 1654A–389), authorizations set forth in the tables in sub3 section (b), as provided in sections 2102 and 2401 of that 

4 Act, shall remain in effect until October 1, 2005, or the 

5 date of the enactment of an Act authorizing funds for mili6 tary construction for fiscal year 2006, whichever is later. 

7 (b) TABLES.—The tables referred to in subsection (a) 

8 are as follows:

Army: Extension of 2001 Project Authorization 

State Installation or

location Project Amount 

South Carolina.Fort Jackson ................... New Construction—Family 

Housing (1 

unit).

250,000

Defense Agency: Extension of 2001 Project 

Authorization 

State Installation or

location Project Amount 

Defense Finance and 

Accounting 

Service.

Kleber Kaserne, Germany Building renovation.7,400,000 

Department 

of Defense 

Education 

Activity.

Osan Air Base, Korea ..... Osan Elementary School 

Classroom 

Addition.

843,000
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1 TITLE XXIX—GENERAL 

2 PROVISIONS 

3 Subtitle A—Military Construction 

4 and Military Family Housing 

5 SEC. 2901. ALTERNATIVE AUTHORITY FOR ACQUISITION 

6 AND IMPROVEMENT OF MILITARY HOUSING. 

7 Section 2883(g)(1) of title 10, United States Code 

8 is amended by striking ‘‘$850,000,000’’ and inserting 

9 ‘‘$1,850,000,000’’. 

10 Subtitle B—Real Property and 

11 Facilities Administration 

12 SEC. 2911. ESTABLISHMENT OF MUSEUM CENTER OF THE 

13 NATIONAL MUSEUM OF THE UNITED STATES 

14 ARMY. 

15 (a) IN GENERAL.—Chapter 401 of title 10, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 4322. The Museum Center of the National Museum 

19 of the United States Army 

20 ‘‘(a) AUTHORITY TO ESTABLISH.—(1) The Secretary 

21 of the Army may establish the Museum Center of the Na22 tional Museum of the United States Army at Fort Belvoir, 

23 Virginia. 
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1 ‘‘(2) The Museum Center may be used to identify, 

2 collect, preserve, display, and interpret historic artifacts 

3 and artwork of significance to the United States Army. 

4 ‘‘(b) AUTHORITY TO ENTER INTO AGREEMENT.—(1) 

5 The Secretary may enter into an agreement with the Army 

6 Historical Foundation, a nonprofit organization, to sup7 port the design, construction, and operation of the Mu8 seum Center through gifts provided by the Foundation. 

9 ‘‘(2) The Secretary may require such terms and con10 ditions in connection with any agreement authorized to be 

11 entered into by this subsection as the Secretary considers 

12 appropriate to protect the interests of the United States. 

13 ‘‘(c) DESIGN, CONSTRUCTION, AND OPERATION.—

14 The Secretary may design, construct, and operate facilities 

15 for the Museum Center with funds provided by the Army 

16 Historical Foundation and gifts accepted under subsection 

17 (d). 

18 ‘‘(d) USE OF CERTAIN GIFTS.—(l) Under regulations 

19 prescribed by the Secretary, the Commander of the United 

20 States Amy Center of Military History may, without re21 gard to section 2601 of this title, accept, hold, administer, 

22 invest, and spend any gift, devise, or bequest of personal 

23 property of a value of $250,000 or less made to the United 

24 States if such gift, devise, or bequest is for the benefit 

25 of the Museum Center. 
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1 ‘‘(2) The Secretary may pay or authorize the pay2 ment of any reasonable and necessary expense in connec3 tion with the conveyance or transfer of a gift, devise, or 

4 bequest under this sub section. 

5 ‘‘(e) OTHER AUTHORIZED USERS.—(1) The Sec6 retary may make the Museum Center, or space within the 

7 Museum Center, available to the public, commercial enti8 ties, nonprofit entities, state and local governments, and 

9 other departments and agencies of the Federal Govern10 ment for such uses as deemed appropriate by the Sec11 retary. The Secretary may charge fees for such uses. 

12 ‘‘(2) Funds received under paragraph (1) shall be de13 posited into a special fund maintained by the Secretary 

14 for acquisition, preservation, and conservation of rare arti15 facts and other projects associated with the Museum Cen16 ter and shall be available for those purposes until ex17 pended.

18 ‘‘(f) FUNDRAISING.—The Army Historical Founda19 tion may engage in fundraising operations on the grounds 

20 of the Museum Center and its adjacent support facilities 

21 with the approval of the Secretary of the Army. The Sec22 retary of the Army may approve the provision of logistical 

23 support to fundraising events conducted by the Army His24 torical Foundation on the grounds of the Museum Center 

25 and its adjacent support facilities that is otherwise con-
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1 sistent with Department of Defense policy for the conduct 

2 of public affairs and community relations activities and 

3 programs throughout the Department of Defense. 

4 ‘‘(g) ADVERTISING, MARKETING, AND PROMOTION.—

5 (1) The Secretary of the Army may expend appropriated 

6 finds available for the operation and maintenance of the 

7 Army for advertising, marketing, and promotion of the 

8 National Museum of the United States Army and its pro9 grams in order to enhance visitation and the effectiveness 

10 of educational programs of the Museum. 

11 ‘‘(2) The Secretary of the Army may authorize the 

12 Commander of the United States Army Center of Military 

13 History, or other appropriate official of the Department 

14 of the Army, to expend appropriated finds available for 

15 the operation and maintenance of the Army for the pro16 motional hospitality of specials guests of the National Mu17 seum of the United States Army, not to exceed $20,006 

18 during a fiscal year.’’. 

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

20 at the beginning of such chapter is amended by adding 

21 at the end the following new item:

‘‘4322. The Museum Center of the National Museum of the United States 

Army.’’.
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1 SEC. 2912. EXCHANGE OR SALE OF RESERVE COMPONENT 

2 FACILITIES IN RETURN FOR REPLACEMENT 

3 FACILITIES. 

4 Section 18233 of title 10, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(g)(1) When the Secretary of Defense determines it 

8 is in the best interests of the United States to acquire 

9 a facility under this section as a replacement for an exist10 ing facility, the Secretary may exchange the existing facil11 ity for a replacement facility or sell the existing facility 

12 and use the proceeds to acquire a replacement facility. 

13 ‘‘(2) In any exchange or sale under paragraph (1), 

14 the United States shall receive cash or a replacement facil15 ity, or both, of a value at least equal to the fair market 

16 value of the existing facility. 

17 ‘‘(3) Acquisition of a replacement facility under para18 graph (I) by exchange, sale, or combination of exchange 

19 and sale, may be accomplished by construction, expansion, 

20 rehabilitation, and conversion and shall result in a fully 

21 equipped and operational replacement facility. Nothing in 

22 this paragraph shall prohibit the Secretary from contrib23 uting additional funds, in accordance with this section, to 

24 obtain a fully equipped and operational replacement facil25 ity. 
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1 ‘‘(4) Any funds received under this subsection in ex2 cess of the funds expended for the replacement facility 

3 may be used for the purposes of subsection (a). 

4 ‘‘(5) The funds received under this subsection shall 

5 be placed in a separate account for use in accordance with 

6 this subsection without further appropriation. 

7 ‘‘(6) This subsection shall not be subject to the Stew8 art B. McKinney Homeless Assistance Act (42 U.S.C. § 

9 11301 et seq.).’’. 

10 Subtitle C—Other Matters 

11 SEC. 2921. MINOR MILITARY CONSTRUCTION TO IMPROVE 

12 FORCE PROTECTION. 

13 Section 2805 of title 10, United States Code, is 

14 amended—

15 (1) in subsection (b)(2), by striking ‘‘21-day’’ 

16 and inserting ‘‘5-day’’; and 

17 (2) in subsection (c)(1)—

18 (A) by striking ‘‘or’’ at the end of subpara19 graph (A); 

20 (B) by striking the period at the end of 

21 subparagraph (B) and inserting ‘‘; or’’; and 

22 (C) by adding at the end the following new 

23 subparagraph: 

24 ‘‘(C) $5,000,000, in the case of an unspec25 ified minor military construction project in-
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1 tended solely to correct a deficiency in force 

2 protection.’’.

Æ