H. R. 4200
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To authorize appropriations for fiscal year 2005 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into three divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for the light weight 155-millimeter how-
itzer program.
Sec. 112. Light utility helicopter program.
Subtitle C—Navy Programs
Sec. 121. DDG–51 modernization program.
Sec. 122. Repeal of authority for pilot program for flexible funding of cruiser con-
versions and overhauls.
Sec. 123. LHA(R) amphibious assault ship program.
Subtitle D—Air Force Programs
Sec. 131. Prohibition of retirement of KC–135E aircraft.
H. R. 4200—2
Sec. 132. Prohibition of retirement of F–117 aircraft.
Sec. 133. Aerial refueling aircraft acquisition program.
Subtitle E—Other Matters
Sec. 141. Development of deployable systems to include consideration of force pro-
tection in asymmetric threat environments.
Sec. 142. Allocation of equipment authorized by this title to units deployed, or to
be deployed, to Operation Iraqi Freedom or Operation Enduring Free-
dom.
Sec. 143. Report on options for acquisition of precision-guided munitions.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Future Combat Systems program strategy.
Sec. 212. Collaborative program for research and development of vacuum elec-
tronics technologies.
Sec. 213. Annual Comptroller General report on Joint Strike Fighter program.
Sec. 214. Amounts for United States Joint Forces Command to be derived only
from Defense-wide amounts.
Sec. 215. Global Positioning System III satellite.
Sec. 216. Initiation of concept demonstration of Global Hawk high altitude endur-
ance unmanned aerial vehicle.
Sec. 217. Joint Unmanned Combat Air Systems program.
Subtitle C—Missile Defense Programs
Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Integration of Patriot Advanced Capability-3 and Medium Extended Air
Defense System into ballistic missile defense system.
Sec. 233. Comptroller General assessments of ballistic missile defense programs.
Sec. 234. Baselines and operational test and evaluation for ballistic missile defense
system.
Subtitle D—Other Matters
Sec. 241. Annual report on submarine technology insertion.
Sec. 242. Sense of Congress regarding funding of the Advanced Shipbuilding Enter-
prise under the National Shipbuilding Research Program of the Navy.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B—Environmental Provisions
Sec. 311. Satisfaction of Superfund audit requirements by Inspector General of the
Department of Defense.
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 313. Increase in authorized amount of environmental remediation, Front
Royal, Virginia.
Sec. 314. Small boat harbor, Unalaska, Alaska.
Sec. 315. Report regarding encroachment issues affecting Utah Test and Training
Range, Utah.
Sec. 316. Comptroller General study and report on alternative technologies to de-
contaminate groundwater at Department of Defense installations.
Sec. 317. Comptroller General study and report on drinking water contamination
and related health effects at Camp Lejeune, North Carolina.
Sec. 318. Sense of Congress regarding perchlorate contamination of ground and
surface water from Department of Defense activities.
Subtitle C—Workplace and Depot Issues
Sec. 321. Simplification of annual reporting requirements concerning funds ex-
pended for depot maintenance and repair workloads.
H. R. 4200—3
Sec. 322. Repeal of annual reporting requirement concerning management of depot
employees.
Sec. 323. Extension of special treatment for certain expenditures incurred in oper-
ation of Centers of Industrial and Technical Excellence.
Sec. 324. Temporary authority for contractor performance of security-guard func-
tions.
Sec. 325. Pilot program for purchase of certain municipal services for Army instal-
lations.
Sec. 326. Bid protests by Federal employees in actions under Office of Management
and Budget Circular A–76.
Sec. 327. Limitations on conversion of work performed by Department of Defense
civilian employees to contractor performance.
Sec. 328. Competitive sourcing reporting requirement.
Subtitle D—Information Technology
Sec. 331. Preparation of Department of Defense plan for transition to Internet Pro-
tocol version 6.
Sec. 332. Defense business enterprise architecture, system accountability, and con-
ditions for obligation of funds for defense business system moderniza-
tion.
Sec. 333. Report on maturity and effectiveness of the Global Information Grid
Bandwidth Expansion (GIG–BE).
Subtitle E—Extensions of Program Authorities
Sec. 341. Two-year extension of Department of Defense telecommunications benefit.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Two-year extension of warranty claims recovery pilot program.
Subtitle F—Other Matters
Sec. 351. Reimbursement for certain protective, safety, or health equipment pur-
chased by or for members of the Armed Forces deployed in contingency
operations.
Sec. 352. Limitation on preparation or implementation of Mid-Range Financial Im-
provement Plan pending report.
Sec. 353. Pilot program to authorize Army working-capital funded facilities to en-
gage in cooperative activities with non-Army entities.
Sec. 354. Transfer of excess Department of Defense personal property to assist fire-
fighting agencies.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty
personnel end strengths for fiscal years 2005 through 2009.
Sec. 404. Exclusion of service academy permanent and career professors from a
limitation on certain officer grade strengths.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of Reserve personnel authorized to be on active duty
for operational support.
Sec. 416. Accounting and management of reserve component personnel performing
active duty or full-time National Guard duty for operational support.
Subtitle C—Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Transition of active-duty list officer force to a force of all regular officers.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs of Naval
Operations be selected from officers in the line of the Navy.
Sec. 503. Limitation on number of officers frocked to major general and rear admi-
ral.
H. R. 4200—4
Sec. 504. Distribution in grade of Marine Corps reserve officers in an active status
in grades below brigadier general
Sec. 505. Authority for Federal recognition of National Guard commissioned officers
appointed from former Coast Guard personnel.
Sec. 506. Study regarding promotion eligibility of retired officers recalled to active
duty.
Sec. 507. Succession for office of Chief, National Guard Bureau.
Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as Director of
the Joint Staff of the National Guard Bureau.
Subtitle B—Reserve Component Policy Matters
Sec. 511. Modification of stated purpose of the reserve components.
Sec. 512. Homeland defense activities conducted by the National Guard under au-
thority of title 32.
Sec. 513. Commission on the National Guard and Reserves.
Sec. 514. Repeal of exclusion of active duty for training from authority to order Re-
serves to active duty.
Sec. 515. Army program for assignment of active component advisers to units of the
Selected Reserve.
Sec. 516. Authority to accept certain voluntary services.
Sec. 517. Authority to redesignate the Naval Reserve as the Navy Reserve.
Sec. 518. Comptroller General assessment of integration of active and reserve com-
ponents of the Navy.
Sec. 519. Limitation on number of Starbase academies in a State.
Sec. 520. Recognition items for certain reserve component personnel.
Subtitle C—Reserve Component Personnel Matters
Sec. 521. Status under disability retirement system for reserve members released
from active duty due to inability to perform within 30 days of call to ac-
tive duty.
Sec. 522. Requirement for retention of Reserves on active duty to qualify for retired
pay not applicable to nonregular service retirement system.
Sec. 523. Federal civil service military leave for Reserve and National Guard civil-
ian technicians.
Sec. 524. Expanded educational assistance authority for officers commissioned
through ROTC program at military junior colleges.
Sec. 525. Repeal of sunset provision for financial assistance program for students
not eligible for advanced training.
Sec. 526. Effect of appointment or commission as officer on eligibility for Selected
Reserve education loan repayment program for enlisted members.
Sec. 527. Educational assistance for certain reserve component members who per-
form active service.
Sec. 528. Sense of Congress on guidance concerning treatment of employer-provided
compensation and other benefits voluntarily provided to employees who
are activated Reservists.
Subtitle D—Joint Officer Management and Professional Military Education
Sec. 531. Strategic plan to link joint officer development to overall missions and
goals of Department of Defense.
Sec. 532. Improvement to professional military education in the Department of De-
fense.
Sec. 533. Joint requirements for promotion to flag or general officer grade.
Sec. 534. Clarification of tours of duty qualifying as a joint duty assignment.
Sec. 535. Two-year extension of temporary standard for promotion policy objectives
for joint officers.
Sec. 536. Two-year extension of authority to waive requirement that Reserve Chiefs
and National Guard Directors have significant joint duty experience.
Subtitle E—Military Service Academies
Sec. 541. Revision to conditions on service of officers as service academy super-
intendents.
Sec. 542. Academic qualifications of the dean of the faculty of United States Air
Force Academy.
Sec. 543. Board of Visitors of United States Air Force Academy.
Sec. 544. Appropriated funds for service academy athletic and recreational extra-
curricular programs to be treated in same manner as for military mo-
rale, welfare, and recreation programs.
Sec. 545. Codification of prohibition on imposition of certain charges and fees at the
service academies.
Subtitle F—Other Education and Training Matters
Sec. 551. College First delayed enlistment program.
H. R. 4200—5
Sec. 552. Senior Reserve Officers’ Training Corps and recruiter access at institu-
tions of higher education.
Sec. 553. Tuition assistance for officers.
Sec. 554. Increased maximum period for leave of absence for pursuit of a program
of education in a health care profession.
Sec. 555. Eligibility of cadets and midshipmen for medical and dental care and dis-
ability benefits.
Sec. 556. Transfer of authority to confer degrees upon graduates of the Community
College of the Air Force.
Sec. 557. Change in titles of leadership positions at the Naval Postgraduate School.
Subtitle G—Assistance to Local Educational Agencies for Defense
Dependents Education
Sec. 558. Continuation of impact aid assistance on behalf of dependents of certain
members despite change in status of member.
Sec. 559. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 560. Impact aid for children with severe disabilities.
Subtitle H—Medals and Decorations and Special Promotions and
Appointments
Sec. 561. Award of medal of honor to individual interred in the Tomb of the Un-
knowns as representative of casualties of a war.
Sec. 562. Plan for revised criteria and eligibility requirements for award of Combat
Infantryman Badge and Combat Medical Badge for service in Korea
after July 28, 1953.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, United States
Air Force (retired), to the grade of major general on the retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of major general
in the Army.
Subtitle I—Military Voting
Sec. 566. Federal write-in ballots for absentee military voters located in the United
States.
Sec. 567. Repeal of requirement to conduct electronic voting demonstration project
for the Federal election to be held in November 2004.
Sec. 568. Reports on operation of Federal voting assistance program and military
postal system.
Subtitle J—Military Justice Matters
Sec. 571. Review on how sexual offenses are covered by Uniform Code of Military
Justice.
Sec. 572. Waiver of recoupment of time lost for confinement in connection with a
trial.
Sec. 573. Processing of forensic evidence collection kits and acquisition of sufficient
stocks of such kits.
Sec. 574. Authorities of the Judge Advocates General.
Subtitle K—Sexual Assault in the Armed Forces
Sec. 576. Examination of sexual assault in the Armed Forces by the Defense Task
Force established to examine sexual harassment and violence at the
military service academies.
Sec. 577. Department of Defense policy and procedures on prevention and response
to sexual assaults involving members of the Armed Forces.
Subtitle L—Management and Administrative Matters
Sec. 581. Three-year extension of limitation on reductions of personnel of agencies
responsible for review and correction of military records.
Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office (DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 75 and older.
Sec. 584. Authority to provide civilian clothing to members traveling in connection
with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles, credits, and tick-
ets to facilitate rest and recuperation travel of deployed members of the
Armed Forces and their families.
Sec. 586. Annual report identifying reasons for discharges from the Armed Forces
during preceding fiscal year.
Sec. 587. Study of blended wing concept for the Air Force.
Sec. 588. Sense of Congress regarding return of members to active duty service
upon rehabilitation from service-related injuries.
H. R. 4200—6
Subtitle M—Other Matters
Sec. 591. Protection of Armed Forces personnel from retaliatory actions for commu-
nications made through the chain of command.
Sec. 592. Implementation plan for accession of persons with specialized skills.
Sec. 593. Enhanced screening methods and process improvements for recruitment
of home schooled and National Guard Challenge program GED recipi-
ents.
Sec. 594. Redesignation of National Guard Challenge Program as National Guard
Youth Challenge Program.
Sec. 595. Reports on certain milestones relating to Department of Defense trans-
formation.
Sec. 596. Report on issues relating to removal of remains of persons interred in
United States military cemeteries overseas.
Sec. 597. Comptroller General reports on closure of Department of Defense depend-
ent elementary and secondary schools and commissary stores.
Sec. 598. Comptroller General report on transition assistance programs for mem-
bers separating from the Armed Forces.
Sec. 599. Study on coordination of job training standards with certification stand-
ards for military occupational specialties.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Relationship between eligibility to receive supplemental subsistence al-
lowance and eligibility to receive imminent danger pay, family separa-
tion allowance, and certain Federal assistance.
Sec. 603. Authority to provide family separation basic allowance for housing.
Sec. 604. Geographic basis for housing allowance during short-assignment perma-
nent changes of station for education or training.
Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring expenses
incurred for duty outside the continental United States.
Sec. 606. Authority for certain members deployed in combat zones to receive lim-
ited advances on future basic pay.
Sec. 607. Repeal of requirement that members entitled to basic allowance for sub-
sistence pay subsistence charges while hospitalized.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Authority to provide hazardous duty incentive pay to military firefighters.
Sec. 616. Reduced service obligation for nurses receiving nurse accession bonus.
Sec. 617. Assignment incentive pay.
Sec. 618. Modification of active and reserve component reenlistment and enlistment
bonus authorities.
Sec. 619. Bonus for certain initial service of officers in the Selected Reserve.
Sec. 620. Revision of authority to provide foreign language proficiency pay.
Sec. 621. Eligibility of enlisted members to qualify for critical skills retention bonus
while serving on indefinite reenlistment.
Sec. 622. Eligibility of reserve component members for incentive bonus for conver-
sion to military occupational specialty to ease personnel shortage.
Sec. 623. Permanent increase in authorized amounts for imminent danger special
pay and family separation allowance.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for family members to attend burial
ceremony or memorial service of member who dies on duty.
Sec. 632. Transportation of family members incident to serious illness or injury of
members of the uniformed services.
Sec. 633. Reimbursement for certain lodging costs incurred in connection with de-
pendent student travel.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 641. Computation of high-36 month average for reserve component members
retired for disability while on active duty or dying while on active duty.
H. R. 4200—7
Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and veterans’ dis-
ability compensation for military retirees with service-connected disabil-
ities rated as 100 percent.
Sec. 643. Death benefits enhancement.
Sec. 644. Phased elimination of two-tier annuity computation for surviving spouses
under Survivor Benefit Plan.
Sec. 645. One-year open enrollment period for Survivor Benefit Plan commencing
October 1, 2005.
Subtitle E—Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Consolidation and reorganization of legislative provisions regarding de-
fense commissary system and exchanges and other morale, welfare, and
recreation activities.
Sec. 652. Consistent State treatment of Department of Defense Nonappropriated
Fund Health Benefits Program.
Subtitle F—Other Matters
Sec. 661. Eligibility of members for reimbursement of expenses incurred for adop-
tion placements made by foreign governments.
Sec. 662. Clarification of education loans qualifying for education loan repayment
program for reserve component health professions officers.
Sec. 663. Receipt of pay by reservists from civilian employers while on active duty
in connection with a contingency operation.
Sec. 664. Relief for mobilized reservists from certain Federal agricultural loan obli-
gations.
Sec. 665. Survey and analysis of effect of extended and frequent mobilization of re-
servists for active duty service on reservist income.
Sec. 666. Study of disability benefits for veterans of service in the Armed Forces
with service-connected disabilities.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Enhanced Benefits for Reserves
Sec. 701. TRICARE coverage for members of reserve components who commit to
continued service in the Selected Reserve after release from active duty.
Sec. 702. Comptroller General report on the cost and feasibility of providing private
health insurance stipends for members of the Ready Reserves.
Sec. 703. Permanent earlier eligibility date for TRICARE benefits for members of
reserve components and their dependents.
Sec. 704. Waiver of certain deductibles under TRICARE program for members on
active duty for a period of more than 30 days.
Sec. 705. Authority for payment by United States of additional amounts billed by
health care providers to activated Reserves.
Sec. 706. Permanent extension of transitional health care benefits and addition of
requirement for preseparation physical examination.
Subtitle B—Other Benefits Improvements
Sec. 711. Opportunity for young child dependent of deceased member to become eli-
gible for enrollment in a TRICARE dental plan.
Sec. 712. Comptroller General report on provision of health, education, and support
services for Exceptional Family Member Program enrollees.
Sec. 713. Continuation of sub-acute care for transition period.
Sec. 714. Improvements to pharmacy benefits program.
Sec. 715. Professional accreditation of military dentists.
Sec. 716. Temporary authority for waiver of collection of payments due for
CHAMPUS benefits received by disabled persons unaware of loss of
CHAMPUS eligibility.
Sec. 717. Services of marriage and family therapists.
Sec. 718. Chiropractic health care benefits advisory committee.
Subtitle C—Planning, Programming, and Management
Sec. 721. Pilot program for health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for certain mili-
tary disability retirees.
Sec. 723. Study of mental health services.
Sec. 724. Policy for timely notification of next of kin of members seriously ill or in-
jured in combat zones.
Sec. 725. Revised funding methodology for military retiree health care benefits.
Sec. 726. Grounds for presidential waiver of requirement for informed consent or
option to refuse regarding administration of drugs not approved for gen-
eral use.
H. R. 4200—8
Sec. 727. TRICARE program regional directors.
Subtitle D—Medical Readiness Tracking and Health Surveillance
Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight Com-
mittee.
Sec. 732. Medical readiness of Reserves.
Sec. 733. Baseline Health Data Collection Program.
Sec. 734. Medical care and tracking and health surveillance in the theater of oper-
ations.
Sec. 735. Declassification of information on exposures to environmental hazards.
Sec. 736. Report on training on environmental hazards.
Sec. 737. Uniform policy for meeting mobilization-related medical care needs at
military installations.
Sec. 738. Full implementation of Medical Readiness Tracking and Health Surveil-
lance Program and Force Health Protection and Readiness Program.
Sec. 739. Reports and Internet accessibility relating to health matters.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Software-related program costs under major defense acquisition pro-
grams.
Sec. 802. Internal controls for Department of Defense procurements through GSA
Client Support Centers.
Sec. 803. Defense commercial communications satellite services procurement proc-
ess.
Sec. 804. Contractor performance of acquisition functions closely associated with in-
herently governmental functions.
Sec. 805. Sustainment plans for existing systems while replacement systems are
under development.
Sec. 806. Applicability of competition exceptions to eligibility of National Guard for
financial assistance for performance of additional duties.
Sec. 807. Inflation adjustment of acquisition-related dollar thresholds.
Subtitle B—Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Rapid acquisition authority to respond to combat emergencies.
Sec. 812. Defense acquisition workforce improvements.
Sec. 813. Period for multiyear task and delivery order contracts.
Sec. 814. Funding for contract ceilings for certain multiyear procurement contracts.
Sec. 815. Increased threshold for senior procurement executive approval of use of
procedures other than competitive procedures.
Sec. 816. Increased threshold for applicability of requirement for defense contrac-
tors to provide information on subcontracting authority of contractor
personnel to cooperative agreement holders.
Sec. 817. Extension of authority for use of simplified acquisition procedures.
Sec. 818. Submission of cost or pricing data on noncommercial modifications of
commercial items.
Sec. 819. Delegations of authority to make determinations relating to payment of
defense contractors for business restructuring costs.
Sec. 820. Availability of Federal supply schedule supplies and services to United
Service Organizations, Incorporated.
Sec. 821. Addition of landscaping and pest control services to list of designated in-
dustry groups participating in the Small Business Competitiveness
Demonstration Program.
Sec. 822. Increased thresholds under special emergency procurement authority.
Subtitle C—United States Defense Industrial Base Provisions
Sec. 831. Defense trade reciprocity.
Sec. 832. Assessment and report on the acquisition of polyacrylonitrile (PAN) car-
bon fiber from foreign sources.
Subtitle D—Extensions of Temporary Program Authorities
Sec. 841. Extension of mentor-protege program.
Sec. 842. Amendment to mentor-protege program.
Sec. 843. Extension of test program for negotiation of comprehensive small busi-
ness subcontracting plans.
Sec. 844. Extension of pilot program on sales of manufactured articles and services
of certain Army industrial facilities.
H. R. 4200—9
Subtitle E—Other Acquisition Matters
Sec. 851. Review and demonstration project relating to contractor employees.
Sec. 852. Inapplicability of certain fiscal laws to settlements under special tem-
porary contract closeout authority.
Sec. 853. Contracting with employers of persons with disabilities.
Sec. 854. Defense procurements made through contracts of other agencies.
Sec. 855. Requirements relating to source selection for integrated support of aerial
refueling aircraft fleet for the Air Force.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Duties and Functions of Department of Defense
Sec. 901. Study of roles and authorities of the Director of Defense Research and
Engineering.
Sec. 902. Change of membership of specified council.
Subtitle B—Space Activities
Sec. 911. Space posture review.
Sec. 912. Panel on the future of national security space launch.
Sec. 913. Operationally responsive national security satellites.
Sec. 914. Nondisclosure of certain products of commercial satellite operations.
Subtitle C—Intelligence-Related Matters
Sec. 921. Two-year extension of authority of the Secretary of Defense to engage in
commercial activities as security for intelligence collection activities
abroad.
Sec. 922. Pilot program on cryptologic service training.
Subtitle D—Other Matters
Sec. 931. Strategic plan for destruction of lethal chemical agents and munitions
stockpile.
Sec. 932. Secretary of Defense criteria for and guidance on identification and inter-
nal transmission of critical information.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal
year 2005.
Sec. 1003. Budget justification documents for operation and maintenance.
Sec. 1004. Licensing of intellectual property.
Sec. 1005. Repeal of funding restrictions concerning development of medical coun-
termeasures against biological warfare threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency fluctuations.
Sec. 1007. Fiscal year 2004 transfer authority.
Sec. 1008. Clarification of fiscal year 2004 funding level for a National Institute of
Standards and Technology account.
Sec. 1009. Notification of fund transfers from working-capital funds.
Sec. 1010. Charges for Defense Logistics Information Services materials.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. Authority for award of contracts for ship dismantling on net-cost basis.
Sec. 1012. Use of proceeds from exchange and sale of obsolete navy service craft
and boats.
Sec. 1013. Transfer of naval vessels to certain foreign recipients.
Sec. 1014. Independent study to assess cost effectiveness of the Navy ship construc-
tion program.
Sec. 1015. Limitation on disposal of obsolete naval vessel.
Subtitle C—Counterdrug Matters
Sec. 1021. Use of funds for unified counterdrug and counterterrorism campaign in
Colombia.
Sec. 1022. Sense of Congress and report regarding counter-drug efforts in Afghani-
stan.
Subtitle D—Matters Relating to Museums and Commemorations
Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City, Missouri, as
America’s National World War I Museum.
H. R. 4200—10
Sec. 1032. Program to commemorate 60th anniversary of World War II.
Sec. 1033. Annual report on Department of Defense operation and financial support
for military museums.
Subtitle E—Reports
Sec. 1041. Quarterly detailed accounting for operations conducted as part of the
Global War on Terrorism.
Sec. 1042. Report on post-major combat operations phase of Operation Iraqi Free-
dom.
Sec. 1043. Report on training provided to members of the Armed Forces to prepare
for post-conflict operations.
Sec. 1044. Report on establishing National Centers of Excellence for unmanned
aerial and ground vehicles.
Sec. 1045. Study of continued requirement for two-crew manning for ballistic mis-
sile submarines.
Sec. 1046. Report on Department of Defense programs for prepositioning of mate-
riel and equipment.
Sec. 1047. Report on al Quaeda and associated groups in Latin America and the
Caribbean.
Subtitle F—Defense Against Terrorism and Other Domestic Security
Matters
Sec. 1051. Acceptance of communications equipment provided by local public safety
agencies.
Sec. 1052. Determination and report on full-time airlift support for homeland de-
fense operations.
Sec. 1053. Survivability of critical systems exposed to chemical or biological con-
tamination.
Subtitle G—Personnel Security Matters
Sec. 1061. Use of National Driver Register for personnel security investigations and
determinations.
Sec. 1062. Standards for disqualification from eligibility for Department of Defense
security clearance.
Subtitle H—Transportation-Related Matters
Sec. 1071. Use of military aircraft to transport mail to and from overseas locations.
Sec. 1072. Reorganization and clarification of certain provisions relating to control
and supervision of transportation within the Department of Defense.
Sec. 1073. Evaluation of procurement practices relating to transportation of secu-
rity-sensitive cargo.
Subtitle I—Other Matters
Sec. 1081. Liability protection for Department of Defense volunteers working in
maritime environment.
Sec. 1082. Sense of Congress concerning media coverage of the return to the United
States of the remains of deceased members of the Armed Forces from
overseas.
Sec. 1083. Transfer of historic F3A-1 Brewster Corsaird aircraft.
Sec. 1084. Technical and clerical amendments.
Sec. 1085. Preservation of search and rescue capabilities of the Federal Govern-
ment.
Sec. 1086. Acquisition of aerial firefighting equipment for National Interagency
Fire Center.
Sec. 1087. Revision to requirements for recognition of institutions of higher edu-
cation as Hispanic-serving institutions for purposes of certain grants
and contracts.
Sec. 1088. Military extraterritorial jurisdiction over contractors supporting defense
missions overseas.
Sec. 1089. Definition of United States for purposes of Federal crime of torture.
Sec. 1090. Energy savings performance contracts.
Sec. 1091. Sense of Congress and policy concerning persons detained by the United
States.
Sec. 1092. Actions to prevent the abuse of detainees.
Sec. 1093. Reporting requirements.
Sec. 1094. Findings and sense of Congress concerning Army Specialist Joseph
Darby.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. Payment of Federal employee health benefit premiums for mobilized
Federal employees.
H. R. 4200—11
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian intelligence personnel.
Sec. 1104. Pay parity for senior executives in defense nonappropriated fund instru-
mentalities.
Sec. 1105. Science, mathematics, and research for transformation (SMART) defense
scholarship pilot program.
Sec. 1106. Report on how to recruit and retain individuals with foreign language
skills.
Sec. 1107. Plan on implementation and utilization of flexible personnel manage-
ment authorities in Department of Defense laboratories.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Subtitle A—Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
Sec. 1201. Commanders’ Emergency Response Program.
Sec. 1202. Assistance to Iraq and Afghanistan military and security forces.
Sec. 1203. Redesignation and modification of authorities relating to Inspector Gen-
eral of the Coalition Provisional Authority.
Sec. 1204. Presidential report on strategy for stabilization of Iraq.
Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
Sec. 1206. Report on contractors supporting deployed forces and reconstruction ef-
forts in Iraq.
Sec. 1207. United Nations Oil-for-Food Program.
Sec. 1208. Support of military operations to combat terrorism.
Subtitle B—Counterproliferation Matters
Sec. 1211. Defense international counterproliferation programs.
Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic missiles.
Sec. 1213. Sense of Congress on the global partnership against the spread of weap-
ons of mass destruction.
Sec. 1214. Report on collaborative measures to reduce the risks of a launch of Rus-
sian nuclear weapons.
Subtitle C—Other Matters
Sec. 1221. Authority for humanitarian assistance for the detection and clearance of
landmines extended to include other explosive remnants of war.
Sec. 1222. Expansion of entities of the People’s Republic of China subject to certain
presidential authorities when operating in the United States.
Sec. 1223. Assignment of NATO naval personnel to submarine safety programs.
Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
Sec. 1225. Bilateral exchanges and trade in defense articles and defense services
between the United States and the United Kingdom and Australia.
Sec. 1226. Study on missile defense cooperation.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE
FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Temporary authority to waive limitation on funding for chemical weap-
ons destruction facility in Russia.
Sec. 1304. Inclusion of descriptive summaries in annual Cooperative Threat Reduc-
tion reports and budget justification materials.
TITLE XIV—SUNKEN MILITARY CRAFT
Sec. 1401. Preservation of title to sunken military craft and associated contents.
Sec. 1402. Prohibitions.
Sec. 1403. Permits.
Sec. 1404. Penalties.
Sec. 1405. Liability for damages.
Sec. 1406. Relationship to other laws.
Sec. 1407. Encouragement of agreements with foreign countries.
Sec. 1408. Definitions.
TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Defense-wide activities procurement.
H. R. 4200—12
Sec. 1505. Operation and maintenance.
Sec. 1506. Defense working capital funds.
Sec. 1507. Iraq Freedom Fund.
Sec. 1508. Defense health program.
Sec. 1509. Military personnel.
Sec. 1510. Treatment as additional authorizations.
Sec. 1511. Transfer authority.
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 2003 project.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002 projects.
Sec. 2703. Extension and renewal of authorizations of certain fiscal year 2001
projects.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of approval and notice requirements for facility repair
projects.
Sec. 2802. Reporting requirements regarding military family housing requirements
for general officers and flag officers.
Sec. 2803. Congressional notification of deviations from authorized cost variations
for military construction projects and military family housing projects.
Sec. 2804. Assessment of vulnerability of military installations to terrorist attack
and annual report on military construction requirements related to
antiterrorism and force protection.
H. R. 4200—13
Sec. 2805. Repeal of limitations on use of alternative authority for acquisition and
improvement of military housing.
Sec. 2806. Additional reporting requirements relating to alternative authority for
acquisition and improvement of military housing.
Sec. 2807. Temporary authority to accelerate design efforts for military construc-
tion projects carried out using design-build selection procedures.
Sec. 2808. Notification thresholds and requirements for expenditures or contribu-
tions for acquisition of facilities for reserve components.
Sec. 2809. Authority to exchange reserve component facilities to acquire replace-
ment facilities.
Sec. 2810. One-year extension of temporary, limited authority to use operation and
maintenance funds for construction projects outside the United States.
Sec. 2811. Consideration of combination of military medical treatment facilities and
health care facilities of Department of Veterans Affairs.
Subtitle B—Real Property and Facilities Administration
Sec. 2821. Reorganization of existing administrative provisions relating to real
property transactions.
Sec. 2822. Development of Heritage Center for the National Museum of the United
States Army.
Sec. 2823. Elimination of reversionary interests clouding United States title to
property used as Navy homeports.
Subtitle C—Base Closure and Realignment
Sec. 2831. Establishment of specific deadline for submission of revisions to force-
structure plan and infrastructure inventory.
Sec. 2832. Specification of final selection criteria for 2005 base closure round.
Sec. 2833. Repeal of authority of Secretary of Defense to recommend that installa-
tions be placed in inactive status.
Sec. 2834. Voting requirements for Defense Base Closure and Realignment Com-
mission to add to or otherwise expand closure and realignment rec-
ommendations made by Secretary of Defense.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee.
Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline, Lou-
isiana.
Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri.
Sec. 2845. Transfer of administrative jurisdiction, Defense Supply Center, Colum-
bus, Ohio.
Sec. 2846. Jurisdiction and utilization of former public domain lands, Umatilla
Chemical Depot, Oregon.
Sec. 2847. Modification of authority for land conveyance, equipment and storage
yard, Charleston, South Carolina.
Sec. 2848. Land conveyance, Fort Hood, Texas.
Sec. 2849. Land conveyance, local training area for Browning Army Reserve Cen-
ter, Utah.
Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia.
Sec. 2851. Land conveyance, Army National Guard Facility, Seattle, Washington.
Sec. 2852. Modification of land exchange and consolidation, Fort Lewis, Wash-
ington.
PART II—NAVY CONVEYANCES
Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida.
Sec. 2862. Land conveyance, Honolulu, Hawaii.
Sec. 2863. Land conveyance, Navy property, former Fort Sheridan, Illinois.
Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2865. Modification of land acquisition authority, Perquimans County, North
Carolina.
Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South Carolina.
Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia.
PART III—AIR FORCE CONVEYANCES
Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2872. Land conveyance, March Air Force Base, California.
Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York.
PART IV—OTHER CONVEYANCES
Sec. 2881. Land exchange, Arlington County, Virginia.
H. R. 4200—14
Subtitle E—Other Matters
Sec. 2891. One-year resumption of Department of Defense Laboratory Revitaliza-
tion Demonstration Program.
Sec. 2892. Designation of Airmen Leadership School at Luke Air Force Base, Ari-
zona, in honor of John J. Rhodes, a former minority leader of the House
of Representatives.
Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and Redevelop-
ment Agency.
Sec. 2894. Report on establishment of mobilization station at Camp Ripley National
Guard Training Center, Little Falls, Minnesota.
Sec. 2895. Report on feasibility of establishment of veterans memorial at Marine
Corps Air Station, El Toro, California.
Sec. 2896. Sense of Congress regarding effect of military housing policies and force
structure and basing changes on local educational agencies.
Sec. 2897. Sense of Congress and study regarding memorial honoring non-United
States citizens killed in the line of duty while serving in the United
States Armed Forces.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SE-
CURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Report on requirements for Modern Pit Facility.
Sec. 3112. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel.
Sec. 3113. Limited authority to carry out new projects under Facilities and Infra-
structure Recapitalization Program after project selection deadline.
Sec. 3114. Modification of milestone and report requirements for National Ignition
Facility.
Sec. 3115. Modification of submittal date of annual plan for stewardship, manage-
ment, and certification of warheads in the nuclear weapons stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. Treatment of waste material.
Sec. 3118. Local stakeholder organizations for 2006 closure sites.
Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts Initiative.
Subtitle C—Proliferation Matters
Sec. 3131. Modification of authority to use International Nuclear Materials Protec-
tion and Cooperation Program funds outside the former Soviet Union.
Sec. 3132. Acceleration of removal or security of fissile materials, radiological mate-
rials, and related equipment at vulnerable sites worldwide.
Sec. 3133. Silk Road Initiative.
Sec. 3134. Nuclear nonproliferation fellowships for scientists employed by United
States and Russian Federation.
Sec. 3135. Utilization of international contributions to the elimination of weapons
grade plutonium production program.
Subtitle D—Other Matters
Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Report on maintenance of retirement benefits for certain workers at
2006 closure sites after closure of sites.
Sec. 3143. Report on efforts of National Nuclear Security Administration to under-
stand plutonium aging.
Sec. 3144. Support for public education in the vicinity of Los Alamos National Lab-
oratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant to competi-
tive contract.
Sec. 3146. National Academy of Sciences study on management by Department of
Energy of certain radioactive waste streams.
H. R. 4200—15
Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders for acqui-
sition of lands for Manhattan Project in World War II.
Sec. 3148. Modification of requirements relating to conveyances and transfer of cer-
tain land at Los Alamos National Laboratory, New Mexico.
Subtitle E—Energy Employees Occupational Illness Compensation Program
Sec. 3161. Contractor employee compensation.
Sec. 3162. Conforming amendments.
Sec. 3163. Technical amendments.
Sec. 3164. Transfer of funds for fiscal year 2005.
Sec. 3165. Use of Energy Employees Occupational Illness Compensation Fund for
certain payments to covered uranium employees.
Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3167. Emergency Special Exposure Cohort meeting and report.
Sec. 3168. Coverage of individuals employed at atomic weapons employer facilities
during periods of residual contamination.
Sec. 3169. Update of report on residual contamination of facilities.
Sec. 3170. Sense of Congress on resource center for energy employees under Energy
Employee Occupational Illness Compensation Program in western New
York and western Pennsylvania region.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of earlier authority to dispose of certain materials in National
Defense Stockpile.
Sec. 3303. Disposal of ferromanganese.
Sec. 3304. Prohibition on storage of mercury at certain facilities.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for merchant ma-
rine vessels.
Sec. 3503. Modification of priority afforded applications for national defense tank
vessel construction assistance.
TITLE XXXVI—ASSISTANCE TO FIREFIGHTERS
Sec. 3601. Short title.
Sec. 3602. Amendments to Federal Fire Prevention and Control Act of 1974.
Sec. 3603. Report on assistance to firefighters.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ‘‘congressional defense
committees’’ has the meaning given that term in section 101(a)(16)
of title 10, United States Code.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for the light weight 155-millimeter how-
itzer program.
H. R. 4200—16
Sec. 112. Light utility helicopter program.
Subtitle C—Navy Programs
Sec. 121. DDG–51 modernization program.
Sec. 122. Repeal of authority for pilot program for flexible funding of cruiser con-
versions and overhauls.
Sec. 123. LHA(R) amphibious assault ship program.
Subtitle D—Air Force Programs
Sec. 131. Prohibition of retirement of KC–135E aircraft.
Sec. 132. Prohibition of retirement of F–117 aircraft.
Sec. 133. Aerial refueling aircraft acquisition program.
Subtitle E—Other Matters
Sec. 141. Development of deployable systems to include consideration of force pro-
tection in asymmetric threat environments.
Sec. 142. Allocation of equipment authorized by this title to units deployed, or to
be deployed, to Operation Iraqi Freedom or Operation Enduring Free-
dom.
Sec. 143. Report on options for acquisition of precision-guided munitions.
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
2005 for procurement for the Army as follows:
(1) For aircraft, $2,611,540,000.
(2) For missiles, $1,307,000,000.
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles,
$1,702,695,000.
(4) For ammunition, $1,545,702,000.
(5) For other procurement, $4,345,246,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 2005 for procurement for the Navy as follows:
(1) For aircraft, $8,814,442,000.
(2) For weapons, including missiles and torpedoes,
$2,067,520,000.
(3) For shipbuilding and conversion, $10,116,827,000.
(4) For other procurement, $4,633,886,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2005 for procurement for the Marine Corps
in the amount of $1,268,453,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for fiscal year 2005 for procurement
of ammunition for the Navy and the Marine Corps in the amount
of $878,140,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
2005 for procurement for the Air Force as follows:
(1) For aircraft, $13,228,124,000.
(2) For ammunition, $1,318,959,000.
(3) For missiles, $4,548,513,000.
(4) For other procurement, $12,949,327,000.
H. R. 4200—17
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
2005 
for 
Defense-wide 
procurement 
in 
the 
amount 
of
$2,846,583,000.
Subtitle B—Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT
WEIGHT 155-MILLIMETER HOWITZER PROGRAM.
The Secretary of the Army and the Secretary of the Navy
may, in accordance with section 2306b of title 10, United States
Code, jointly enter into a multiyear contract, beginning with the
fiscal year 2005 program year, for procurement of the light weight
155-millimeter howitzer.
SEC. 112. LIGHT UTILITY HELICOPTER PROGRAM.
(a) LIMITATION.—None of the funds authorized to be appro-
priated under section 101(1) for the procurement of light utility
helicopters may be obligated or expended until 30 days after the
date on which the Secretary of the Army submits to the congres-
sional defense committees a report that contains—
(1) the Secretary’s certification that all required documenta-
tion for the acquisition of light utility helicopters has been
completed and approved; and
(2) an Army aviation modernization plan described in sub-
section (b).
(b) ARMY AVIATION MODERNIZATION PLAN.—The Army aviation
modernization plan referred to in subsection (a)(2) is an updated
modernization plan for Army aviation that contains, at a minimum,
the following:
(1) The analysis on which the plan is based.
(2) A discussion of the Secretary’s decision to terminate
the Comanche helicopter program and to restructure the avia-
tion force of the Army.
(3) The actions taken or to be taken to accelerate the
procurement and development of aircraft survivability equip-
ment for Army aircraft, together with a detailed list of aircraft
survivability equipment that specifies such equipment by plat-
form and by the related programmatic funding for procurement.
(4) A discussion of the conversion of Apache helicopters
to block III configuration, including (A) the rationale for con-
verting only 501 Apache helicopters to that configuration, and
(B) the costs associated with a conversion of all Apache heli-
copters to the block III configuration.
(5) A discussion of the procurement of light armed recon-
naissance helicopters, including (A) the rationale for the
requirement for light armed reconnaissance helicopters, and
(B) a discussion of the costs associated with upgrading the
light armed reconnaissance helicopter to meet Army require-
ments.
(6) The rationale for the Army’s requirement for light utility
helicopters, together with a summary and copy of the analysis
of the alternative means for meeting such requirement that
the Secretary considered in the determination to procure light
utility helicopters, including, at a minimum, the analysis of
the alternative of using light armed reconnaissance helicopters
H. R. 4200—18
and UH–60 Black Hawk helicopters instead of light utility
helicopters to meet such requirement.
(7) The rationale for the procurement of cargo fixed-wing
aircraft.
(8) The rationale for the initiation of a joint multi-role
helicopter program.
(9) A description of the operational employment of the
Army’s restructured aviation force.
Subtitle C—Navy Programs
SEC. 121. DDG–51 MODERNIZATION PROGRAM.
(a) ACCELERATION
OF MODERNIZATION PROGRAM.—The Sec-
retary of the Navy shall accelerate the program for in-service mod-
ernization of the DDG–51 class of destroyers (in this section referred
to as the ‘‘modernization program’’).
(b) REPORT.—Not later than March 31, 2005, the Secretary
of the Navy shall submit to the congressional defense committees
a report on the steps taken as of that date to carry out subsection
(a). The report shall—
(1) describe the elements of the modernization program;
and
(2) specify those elements of the modernization program
that are expected to contribute to the goal of reducing the
crew size of the DDG–51 class of destroyers by one-third and
explain the basis for those expectations.
SEC. 122. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE
FUNDING OF CRUISER CONVERSIONS AND OVERHAULS.
Section 126 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108–136; 117 Stat. 1410; 10 U.S.C. 7291
note) is repealed.
SEC. 123. LHA(R) AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) AUTHORIZATION OF SHIP.—The Secretary of the Navy is
authorized to procure the first amphibious assault ship of the
LHA(R) class, subject to the availability of appropriations for that
purpose.
(b) AUTHORIZED AMOUNT.—Of the amount authorized to be
appropriated under section 102(a)(3) for fiscal year 2005,
$150,000,000 shall be available for the advance procurement and
advance construction of components for the first amphibious assault
ship of the LHA(R) class. The Secretary of the Navy may enter
into a contract or contracts with the shipbuilder and other entities
for the advance procurement and advance construction of those
components.
Subtitle D—Air Force Programs
SEC. 131. PROHIBITION OF RETIREMENT OF KC–135E AIRCRAFT.
The Secretary of the Air Force may not retire any KC–135E
aircraft of the Air Force in fiscal year 2005.
SEC. 132. PROHIBITION OF RETIREMENT OF F–117 AIRCRAFT.
No F–117 aircraft in use by the Air Force during fiscal year
2004 may be retired during fiscal year 2005.
H. R. 4200—19
SEC. 133. AERIAL REFUELING AIRCRAFT ACQUISITION PROGRAM.
(a) TERMINATION OF LEASING AUTHORITY.—Subsection (a) of
section 135 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108–136; 117 Stat. 1413; 10 U.S.C. 2401a
note) is amended by striking ‘‘may lease no more than 20 tanker
aircraft’’ and inserting ‘‘shall lease no tanker aircraft’’.
(b) MULTIYEAR PROCUREMENT AUTHORITY.—Subsection (b) of
such section is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Beginning with the fiscal year 2004
program year, the Secretary’’ and inserting ‘‘The Secretary’’;
and
(B) by striking ‘‘necessary to meet’’ and all that follows
through ‘‘is insufficient’’;
(2) in paragraph (2), by striking ‘‘80’’ and inserting ‘‘100’’;
and
(3) by striking paragraph (4).
(c) STUDY.—Subsection (c)(1) of such section is amended by
striking ‘‘leased under the multiyear aircraft lease pilot program
or’’ in subparagraphs (A) and (B).
(d) RELATIONSHIP TO PREVIOUS LAW.—Such section is further
amended by adding at the end the following new subsection:
‘‘(f) RELATIONSHIP TO PREVIOUS LAW.—The multiyear procure-
ment authority in subsection (b) may not be executed under section
8159 of the Department of Defense Appropriations Act, 2002 (divi-
sion A of Public Law 107–117).’’.
Subtitle E—Other Matters
SEC. 141. DEVELOPMENT OF DEPLOYABLE SYSTEMS TO INCLUDE
CONSIDERATION OF FORCE PROTECTION IN ASYM-
METRIC THREAT ENVIRONMENTS.
(a) REQUIREMENT FOR SYSTEMS DEVELOPMENT.—The Secretary
of Defense shall require that the Department of Defense regulations,
directives, and guidance governing the acquisition of covered sys-
tems be revised to require that—
(1) an assessment of warfighter survivability and of system
suitability against asymmetric threats shall be performed as
part of the development of system requirements for any such
system; and
(2) requirements for key performance parameters for force
protection and survivability shall be included as part of the
documentation of system requirements for any such system.
(b) COVERED SYSTEMS.—In this section, the term ‘‘covered
system’’ means any of the following systems that is expected to
be deployed in an asymmetric threat environment:
(1) Any manned system.
(2) Any equipment intended to enhance personnel surviv-
ability.
(c) INAPPLICABILITY OF DEVELOPMENT REQUIREMENT TO SYS-
TEMS ALREADY THROUGH DEVELOPMENT.—The revisions pursuant
subsection (a) to Department of Defense regulations, directives,
and guidance shall not apply to a system that entered low-rate
initial production before the date of the enactment of this Act.
(d) DEADLINE FOR POLICY REVISIONS.—The revisions required
by subsection (a) to Department of Defense regulations, directives,
H. R. 4200—20
and guidance shall be made not later than 120 days after the
date of the enactment of this Act.
SEC. 142. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE
TO UNITS DEPLOYED, OR TO BE DEPLOYED, TO OPER-
ATION IRAQI FREEDOM OR OPERATION ENDURING
FREEDOM.
In allocating equipment acquired using funds authorized to
be appropriated by this title to operational units deployed, or sched-
uled to be deployed, to Operation Iraqi Freedom or Operation
Enduring Freedom, the Secretary of Defense shall ensure that
the allocation is made without regard to the status of the units
as active, Guard, or reserve component units.
SEC. 143. REPORT ON OPTIONS FOR ACQUISITION OF PRECISION-
GUIDED MUNITIONS.
(a) REQUIREMENT FOR REPORT.—Not later than March 1, 2005,
the Secretary of Defense shall submit to the congressional defense
committees a report on options for the acquisition of precision-
guided munitions.
(b) CONTENT
OF REPORT.—The report shall include the fol-
lowing:
(1) A list of the precision-guided munitions in the inventory
of the Department of Defense.
(2) For each such munition—
(A) the inventory level as of the most recent date
that it is feasible to specify when the report is prepared;
(B) the inventory objective that is necessary to execute
the current National Military Strategy prescribed by the
Chairman of the Joint Chiefs of Staff;
(C) the year in which that inventory objective would
be expected to be achieved—
(i) if the munition were procured at the minimum
sustained production rate;
(ii) if the munition were procured at the most
economic production rate; and
(iii) if the munition were procured at the maximum
production rate; and
(D) the procurement cost for each munition (in constant
fiscal year 2004 dollars) at each of the production rates
specified in subparagraph (C) for each year in the future-
years defense program.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Future Combat Systems program strategy.
Sec. 212. Collaborative program for research and development of vacuum elec-
tronics technologies.
Sec. 213. Annual Comptroller General report on Joint Strike Fighter program.
Sec. 214. Amounts for United States Joint Forces Command to be derived only
from Defense-wide amounts.
Sec. 215. Global Positioning System III satellite.
H. R. 4200—21
Sec. 216. Initiation of concept demonstration of Global Hawk high altitude endur-
ance unmanned aerial vehicle.
Sec. 217. Joint Unmanned Combat Air Systems program.
Subtitle C—Missile Defense Programs
Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Integration of Patriot Advanced Capability-3 and Medium Extended Air
Defense System into ballistic missile defense system.
Sec. 233. Comptroller General assessments of ballistic missile defense programs.
Sec. 234. Baselines and operational test and evaluation for ballistic missile defense
system.
Subtitle D—Other Matters
Sec. 241. Annual report on submarine technology insertion.
Sec. 242. Sense of Congress regarding funding of the Advanced Shipbuilding Enter-
prise under the National Shipbuilding Research Program of the Navy.
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows:
(1) For the Army, $9,307,248,000.
(2) For the Navy, $16,200,591,000.
(3) For the Air Force, $20,432,933,000.
(4) For Defense-wide activities, $20,556,986,000, of which
$304,135,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) FISCAL YEAR 2005.—Of the amounts authorized to be appro-
priated by section 201, $11,191,600,000 shall be available for the
Defense Science and Technology Program, including basic research,
applied research, and advanced technology development projects.
(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECH-
NOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the
term ‘‘basic research, applied research, and advanced technology
development’’ means work funded in program elements for defense
research and development under Department of Defense category
6.1, 6.2, or 6.3.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.
(a) PROGRAM STRATEGY REQUIRED.—The Secretary of the Army
shall establish and implement a program strategy for the Future
Combat Systems acquisition program of the Army. The purpose
of the program strategy shall be to provide an effective, affordable,
producible, and supportable military capability with a realistic
schedule and a robust cost estimate.
(b) ELEMENTS OF PROGRAM STRATEGY.—The program strategy
shall—
(1) require the release, at the design readiness review,
of not less than 90 percent of engineering drawings for the
building of prototypes;
H. R. 4200—22
(2) require, before facilitating production or contracting
for items with long lead times, that an acceptable demonstra-
tion be carried out of the performance of the information net-
work, including the performance of the Joint Tactical Radio
System and the Warfighter Information Network-Tactical; and
(3) require, before the initial production decision, that an
acceptable demonstration be carried out of the collective capa-
bility of each system to meet system-of-systems requirements
when integrated with the information network.
(c) REQUIRED SUBMISSIONS TO CONGRESS.—Before convening
the Milestone B update for the Future Combat Systems acquisition
program required by the Future Combat Systems acquisition deci-
sion memorandum, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to Congress each of the
following documents:
(1) The cost estimate of the Army with respect to the
Future Combat Systems program.
(2) A report, prepared by an independent panel, on the
maturity levels of the critical technologies with respect to the
program, including an assessment of those technologies that
are likely to require a decision to use an alternative approach.
(3) A report, prepared by the chief information officer of
the Army, describing—
(A) the status of the development and integration of
the network and the command, control, computers, commu-
nications, intelligence, surveillance, and reconnaissance
components; and
(B) the progress made toward meeting the require-
ments for network-centric capabilities as set forth by such
officer.
(4) A report identifying the key performance parameters
with respect to the program, with all objectives and thresholds
quantified, together with the supporting analytical rationale.
(d) INDEPENDENT COST ESTIMATE.—The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall submit
to Congress not later than March 1, 2005, an independent cost
estimate, prepared by the cost analysis improvement group of the
Office of the Secretary of Defense, with respect to the Future
Combat Systems program.
(e) LIMITATION ON FUNDING.—(1) Except as provided in para-
graph (2), the Secretary of the Army may not obligate, from amounts
made available for fiscal year 2005, more than $2,200,000,000 for
the Future Combat Systems acquisition program.
(2) The limitation in paragraph (1) shall not apply after the
Secretary of the Army submits to Congress—
(A) the Secretary’s certification that the Secretary has
established and implemented the program strategy required
by subsection (a); and
(B) each of the documents specified in subsection (c).
SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOP-
MENT OF VACUUM ELECTRONICS TECHNOLOGIES.
(a) PROGRAM REQUIRED.—The Secretary of Defense shall estab-
lish a program for research and development in advanced vacuum
electronics to meet the requirements of Department of Defense
systems.
H. R. 4200—23
(b) DESCRIPTION OF PROGRAM.—The program under subsection
(a) shall be carried out collaboratively by the Director of Defense
Research and Engineering, the Secretary of the Navy, the Secretary
of the Air Force, the Secretary of the Army, and other appropriate
elements of the Department of Defense. The program shall include
the following activities:
(1) Activities needed for development and maturation of
advanced vacuum electronics technologies needed to meet the
requirements of the Department of Defense.
(2) Identification of legacy and developmental Department
of Defense systems which may make use of advanced vacuum
electronics under the program.
(c) REPORT.—Not later than January 31, 2005, the Director
of Defense Research and Engineering shall submit to the congres-
sional defense committees a report on the implementation of the
program under subsection (a). The report shall include the following:
(1) Identification of the organization to have lead responsi-
bility for carrying out the program.
(2) Assessment of the role of investing in vacuum elec-
tronics technologies as part of the overall strategy of the Depart-
ment of Defense for investing in electronics technologies to
meet the requirements of the Department.
(3) The management plan and schedule for the program
and any agreements relating to that plan.
(4) Identification of the funding required for fiscal year
2006 and for the future-years defense program to carry out
the program.
(5) A list of program capability goals and objectives.
(6) An outline of the role of basic and applied research
in support of the development and maturation of advanced
vacuum electronics technologies needed to meet the require-
ments of the Department of Defense.
(7) Assessment of global capabilities in vacuum electronics
technologies and the effect of those capabilities on the national
security and economic competitiveness of the United States.
SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT STRIKE
FIGHTER PROGRAM.
(a) ANNUAL GAO REVIEW.—The Comptroller General shall con-
duct an annual review of the Joint Strike Fighter aircraft program
and shall, not later than March 15 of each year, submit to the
congressional defense committees a report on the results of the
most recent review. With each such report, the Comptroller General
shall submit a certification as to whether the Comptroller General
has had access to sufficient information to enable the Comptroller
General to make informed judgments on the matters covered by
the report.
(b) MATTERS TO BE INCLUDED.—Each report on the Joint Strike
Fighter aircraft program under subsection (a) shall include the
following with respect to system development and demonstration
under the program:
(1) The extent to which such system development and
demonstration is meeting established goals, including the goals
established for performance, cost, and schedule.
(2) The plan for such system development and demonstra-
tion (leading to production) for the fiscal year that begins
in the year in which the report is submitted.
H. R. 4200—24
(3) The Comptroller General’s conclusion regarding whether
such system development and demonstration (leading to produc-
tion) is likely to be completed at a total cost not in excess
of the amount specified (or to be specified) for such purpose
in the Selected Acquisition report for the Joint Strike Fighter
aircraft program under section 2432 of title 10, United States
Code, for the first quarter of the fiscal year during which
the report of the Comptroller General is submitted.
(c) REQUIREMENT TO SUPPORT ANNUAL GAO REVIEW.—The Sec-
retary of Defense and the prime contractor for the Joint Strike
Fighter aircraft program shall provide to the Comptroller General
such information on that program as the Comptroller General con-
siders necessary to carry out the responsibilities of the Comptroller
General under this section, including such information as is nec-
essary for the purposes of subsection (b)(3).
(d) TERMINATION.—No report is required under this section
after the report that, under subsection (a), is required to be sub-
mitted not later than March 15, 2009.
SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES COMMAND
TO BE DERIVED ONLY FROM DEFENSE-WIDE AMOUNTS.
(a) IN GENERAL.—Chapter 9 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 232. United States Joint Forces Command: amounts for
research, development, test, and evaluation to
be derived only from Defense-wide amounts
‘‘(a) REQUIREMENT.—Amounts for research, development, test,
and evaluation for the United States Joint Forces Command shall
be derived only from amounts made available to the Department
of Defense for Defense-wide research, development, test, and evalua-
tion.
‘‘(b) SEPARATE DISPLAY IN BUDGET.—Any amount in the budget
submitted to Congress under section 1105 of title 31 for any fiscal
year for research, development, test, and evaluation for the United
States Joint Forces Command shall be set forth under the account
of the Department of Defense for Defense-wide research, develop-
ment, test, and evaluation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘232. United States Joint Forces Command: amounts for research, development,
test, and evaluation to be derived only from Defense-wide amounts.’’.
(c) APPLICABILITY.—Section 232 of title 10, United States Code
(as added by subsection (a)) applies to fiscal years beginning with
fiscal year 2007.
SEC. 215. GLOBAL POSITIONING SYSTEM III SATELLITE.
Not more than 80 percent of the amount authorized to be
appropriated by section 201(4) and available for the purpose of
research, development, test, and evaluation on the Global Posi-
tioning System III satellite may be obligated or expended for that
purpose until the Secretary of Defense—
(1) completes an analysis of alternatives for the satellite
and ground architectures, satellite technologies, and tactics,
techniques, and procedures for the next generation global posi-
tioning system (GPS); and
H. R. 4200—25
(2) submits to the congressional defense committees a
report on the results of the analysis, including an assessment
of the results of the analysis.
SEC. 216. INITIATION OF CONCEPT DEMONSTRATION OF GLOBAL
HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL
VEHICLE.
Section 221(c) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398; 114 Stat. 1654A–40) is amended by striking
‘‘March 1, 2001’’ and inserting ‘‘March 1, 2005’’.
SEC. 217. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.
(a) EXECUTIVE COMMITTEE.—(1) The Secretary of Defense shall,
subject to subsection (b), establish an executive committee and
require that executive committee to provide guidance and rec-
ommendations for the management of the Joint Unmanned Combat
Air Systems program to the Director of the Defense Advanced
Research Projects Agency and the personnel who are managing
the program for such agency.
(2) The executive committee established under paragraph (1)
shall be composed of the following members:
(A) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, who shall chair the executive committee.
(B) The Assistant Secretary of the Navy for Research,
Development, and Acquisition.
(C) The Assistant Secretary of the Air Force for Acquisition.
(D) The Deputy Chief of Naval Operations for Warfare
Requirements and Programs.
(E) The Deputy Chief of Staff of the Air Force for Air
and Space Operations.
(F) Any additional personnel of the Department of Defense
whom the Secretary determines appropriate for membership
on the executive committee.
(b) APPLICABILITY ONLY TO DARPA-MANAGED PROGRAM.—The
requirements of subsection (a) apply with respect to the Joint
Unmanned Combat Air Systems program only while the program
is managed by the Defense Advanced Research Projects Agency.
Subtitle C—Missile Defense Programs
SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
(a) AUTHORITY.—Funds described in subsection (b) may, upon
approval by the Secretary of Defense, be used for the development
and fielding of ballistic missile defense capabilities.
(b) COVERED FUNDS.—Subsection (a) applies to funds appro-
priated for fiscal year 2005 or fiscal year 2006 for research, develop-
ment, test, and evaluation for the Missile Defense Agency.
SEC. 232. INTEGRATION OF PATRIOT ADVANCED CAPABILITY-3 AND
MEDIUM 
EXTENDED 
AIR 
DEFENSE 
SYSTEM 
INTO
BALLISTIC MISSILE DEFENSE SYSTEM.
(a) RELATIONSHIP TO BALLISTIC MISSILE DEFENSE SYSTEM.—
The combined program of the Department of the Army known
as the Patriot Advanced Capability-3/Medium Extended Air Defense
System air and missile defense program (hereinafter in this section
H. R. 4200—26
referred to as the ‘‘PAC–3/MEADS program’’) is an element of
the Ballistic Missile Defense System.
(b) MANAGEMENT OF CONFIGURATION CHANGES.—The Director
of the Missile Defense Agency, in consultation with the Secretary
of the Army (acting through the Assistant Secretary of the Army
for Acquisition, Logistics and Technology) shall ensure that any
configuration change for the PAC–3/MEADS program is subject
to the configuration control board processes of the Missile Defense
Agency so as to ensure integration of the PAC–3/MEADS element
with appropriate elements of the Ballistic Missile Defense System.
(c) REQUIRED PROCEDURES.—(1) Except as otherwise directed
by the Secretary of Defense, the Secretary of the Army (acting
through the Assistant Secretary of the Army for Acquisition, Logis-
tics and Technology) may make a significant change to the baseline
technical specifications or the baseline schedule for the PAC–3/
MEADS program only with the concurrence of the Director of the
Missile Defense Agency.
(2) With respect to a proposal by the Secretary of the Army
to make a significant change to the procurement quantity (including
any quantity in any future block procurement) that, as of the
date of such proposal, is planned for the PAC–3/MEADS program,
the Secretary of Defense shall establish—
(A) procedures for a determination of the effect of such
change on Ballistic Missile Defense System capabilities and
on the cost of the PAC–3/MEADS program; and
(B) procedures for review of the proposed change by all
relevant commands and agencies of the Department of Defense,
including determination of the concurrence or nonconcurrence
of each such command and agency with respect to such proposed
change.
(d) REPORT.—Not later than February 1, 2005, the Secretary
of Defense shall submit to the congressional defense committees
a report describing the procedures developed pursuant to subsection
(c)(2).
(e) DEFINITIONS.—For purpose of this section:
(1) The term ‘‘significant change’’ means, with respect to
the PAC–3/MEADS program, a change that would substantially
alter the role or contribution of that program in the Ballistic
Missile Defense System.
(2) The term ‘‘baseline technical specifications’’ means, with
respect to the PAC–3/MEADS program, those technical speci-
fications for that program that have been approved by the
configuration control board of the Missile Defense Agency and
are in effect as of the date of the review.
(3) The term ‘‘baseline schedule’’ means, with respect to
the PAC–3/MEADS program, the development and production
schedule for the PAC–3/MEADS program in effect at the time
of a review of such program conducted pursuant to subsection
(b) or (c)(2)(B).
SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MIS-
SILE DEFENSE PROGRAMS.
Section 232(g) of the National Defense Authorization Act for
Fiscal Year 2002 (10 U.S.C. 2431 note) is amended to read as
follows:
‘‘(g) COMPTROLLER GENERAL ASSESSMENT.—(1) At the conclu-
sion of each of fiscal years 2002 through 2006, the Comptroller
H. R. 4200—27
General of the United States shall carry out an assessment of
the extent to which the Missile Defense Agency achieved the goals
established under subsection (c) for that fiscal year for each ballistic
missile defense program of the Department of Defense.
‘‘(2) Not later than February 15 of each of 2003 through 2007,
the Comptroller General shall submit to the congressional defense
committees a report on the Comptroller General’s assessment under
paragraph (1) with respect to the preceding fiscal year.’’.
SEC. 234. BASELINES AND OPERATIONAL TEST AND EVALUATION FOR
BALLISTIC MISSILE DEFENSE SYSTEM.
(a) TESTING CRITERIA.—Not later than February 1, 2005, the
Secretary of Defense, in consultation with the Director of Oper-
ational Test and Evaluation, shall prescribe appropriate criteria
for operationally realistic testing of fieldable prototypes developed
under the ballistic missile defense spiral development program.
The Secretary shall submit a copy of the prescribed criteria to
the congressional defense committees.
(b) USE OF CRITERIA.—(1) The Secretary of Defense shall ensure
that, not later than October 1, 2005, a test of the ballistic missile
defense system is conducted consistent with the criteria prescribed
under subsection (a).
(2) The Secretary of Defense shall ensure that each block
configuration of the ballistic missile defense system is tested con-
sistent with the criteria prescribed under subsection (a).
(c) RELATIONSHIP TO OTHER LAW.—Nothing in this section shall
be construed to exempt any spiral development program of the
Department of Defense, after completion of the spiral development,
from the applicability of any provision of chapter 144 of title 10,
United States Code, or section 139, 181, 2366, 2399, or 2400 of
such title in accordance with the terms and conditions of such
provision.
(d) EVALUATION.—(1) The Director of Operational Test and
Evaluation shall evaluate the results of each test conducted under
subsection (a) as soon as practicable after the completion of such
test.
(2) The Director shall submit to the Secretary of Defense and
the congressional defense committees a report on the evaluation
of each test conducted under subsection (a) upon completion of
the evaluation of such test under paragraph (1).
(e) COST, SCHEDULE, AND PERFORMANCE BASELINES.—(1) The
Director of the Missile Defense Agency shall establish cost, schedule,
and performance baselines for each block configuration of the
Ballistic Missile Defense System being fielded. The cost baseline
for a block configuration shall include full life cycle costs for the
block configuration.
(2) The Director shall include the baselines established under
paragraph (1) in the first Selected Acquisition Report for the
Ballistic Missile Defense System that is submitted to Congress
under section 2432 of title 10, United States Code, after the
establishment of such baselines.
(3) The Director shall also include in the Selected Acquisition
Report submitted to Congress under paragraph (2) the significant
assumptions used in determining the performance baseline under
paragraph (1), including any assumptions regarding threat missile
countermeasures and decoys.
H. R. 4200—28
(f) VARIATIONS AGAINST BASELINES.—In the event the cost,
schedule, or performance of any block configuration of the Ballistic
Missile Defense System varies significantly (as determined by the
Director of the Ballistic Missile Defense Agency) from the applicable
baseline established under subsection (d), the Director shall include
such variation, and the reasons for such variation, in the Selected
Acquisition Report submitted to Congress under section 2432 of
title 10, United States Code.
(g) MODIFICATIONS OF BASELINES.—In the event the Director
of the Missile Defense Agency elects to undertake any modification
of a baseline established under subsection (d), the Director shall
submit to the congressional defense committees a report setting
forth the reasons for such modification.
Subtitle D—Other Matters
SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY INSERTION.
(a) REPORT REQUIRED.—(1) For each of fiscal years 2006, 2007,
2008, and 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the submarine tech-
nologies that are available or potentially available for insertion
in submarines of the Navy to reduce the production and operating
costs of the submarines while maintaining or improving the
effectiveness of the submarines.
(2) The annual report for a fiscal year under paragraph (1)
shall be submitted at the same time that the President submits
to Congress the budget for that fiscal year under section 1105(a)
of title 31, United States Code.
(b) CONTENT.—The report on submarine technologies under
subsection (a) shall include, for each class of submarines of the
Navy, the following matters:
(1) A list of the technologies that have been demonstrated,
together with—
(A) a plan for the insertion of any such technologies
that have been determined appropriate for such sub-
marines; and
(B) the estimated cost of such technology insertions.
(2) A list of the technologies that have not been dem-
onstrated, together with a plan for the demonstration of any
such technologies that have the potential for being appropriate
for such submarines.
SEC. 242. SENSE OF CONGRESS REGARDING FUNDING OF THE
ADVANCED SHIPBUILDING ENTERPRISE UNDER THE
NATIONAL SHIPBUILDING RESEARCH PROGRAM OF THE
NAVY.
(a) FINDINGS.—Congress makes the following findings:
(1) The budget for fiscal year 2005, as submitted to Con-
gress by the President, provides $10,300,000 for the Advanced
Shipbuilding Enterprise under the National Shipbuilding
Research Program of the Navy.
(2) The Advanced Shipbuilding Enterprise is an innovative
program to encourage greater efficiency in the national tech-
nology and industrial base.
(3) The leaders of the United States shipbuilding industry
have embraced the Advanced Shipbuilding Enterprise as a
H. R. 4200—29
method for exploring and collaborating on innovation in ship-
building and ship repair that collectively benefits all compo-
nents of the industry.
(b) SENSE OF CONGRESS.—It is the sense of Congress—
(1) that Congress—
(A) strongly supports the innovative Advanced Ship-
building Enterprise under the National Shipbuilding
Research Program as an enterprise between the Navy and
industry that has yielded new processes and techniques
that reduce the cost of building and repairing ships in
the United States; and
(B) is concerned that the future-years defense program
of the Department of Defense that was submitted to Con-
gress for fiscal year 2005 does not reflect any funding
for the Advanced Shipbuilding Enterprise after fiscal year
2005; and
(2) that the Secretary of Defense should continue to provide
in the future-years defense program for funding the Advanced
Shipbuilding Enterprise at a sustaining level in order to support
additional research to further reduce the cost of designing,
building, and repairing ships.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B—Environmental Provisions
Sec. 311. Satisfaction of Superfund audit requirements by Inspector General of the
Department of Defense.
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 313. Increase in authorized amount of environmental remediation, Front
Royal, Virginia.
Sec. 314. Small boat harbor, Unalaska, Alaska.
Sec. 315. Report regarding encroachment issues affecting Utah Test and Training
Range, Utah.
Sec. 316. Comptroller General study and report on alternative technologies to de-
contaminate groundwater at Department of Defense installations.
Sec. 317. Comptroller General study and report on drinking water contamination
and related health effects at Camp Lejeune, North Carolina.
Sec. 318. Sense of Congress regarding perchlorate contamination of ground and
surface water from Department of Defense activities.
Subtitle C—Workplace and Depot Issues
Sec. 321. Simplification of annual reporting requirements concerning funds ex-
pended for depot maintenance and repair workloads.
Sec. 322. Repeal of annual reporting requirement concerning management of depot
employees.
Sec. 323. Extension of special treatment for certain expenditures incurred in oper-
ation of Centers of Industrial and Technical Excellence.
Sec. 324. Temporary authority for contractor performance of security-guard func-
tions.
Sec. 325. Pilot program for purchase of certain municipal services for Army instal-
lations.
Sec. 326. Bid protests by Federal employees in actions under Office of Management
and Budget Circular A–76.
Sec. 327. Limitations on conversion of work performed by Department of Defense
civilian employees to contractor performance.
H. R. 4200—30
Sec. 328. Competitive sourcing reporting requirement.
Subtitle D—Information Technology
Sec. 331. Preparation of Department of Defense plan for transition to Internet Pro-
tocol version 6.
Sec. 332. Defense business enterprise architecture, system accountability, and con-
ditions for obligation of funds for defense business system moderniza-
tion.
Sec. 333. Report on maturity and effectiveness of the Global Information Grid
Bandwidth Expansion (GIG–BE).
Subtitle E—Extensions of Program Authorities
Sec. 341. Two-year extension of Department of Defense telecommunications benefit.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Two-year extension of warranty claims recovery pilot program.
Subtitle F—Other Matters
Sec. 351. Reimbursement for certain protective, safety, or health equipment pur-
chased by or for members of the Armed Forces deployed in contingency
operations.
Sec. 352. Limitation on preparation or implementation of Mid-Range Financial Im-
provement Plan pending report.
Sec. 353. Pilot program to authorize Army working-capital funded facilities to en-
gage in cooperative activities with non-Army entities.
Sec. 354. Transfer of excess Department of Defense personal property to assist fire-
fighting agencies.
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $26,098,411,000.
(2) For the Navy, $29,682,590,000.
(3) For the Marine Corps, $3,648,115,000.
(4) For the Air Force, $28,298,660,000.
(5) For Defense-wide activities, $17,325,276,000.
(6) For the Army Reserve, $2,008,128,000.
(7) For the Naval Reserve, $1,240,038,000.
(8) For the Marine Corps Reserve, $188,696,000
(9) For the Air Force Reserve, $2,239,790,000
(10) For the Army National Guard, $4,452,786,000.
(11) For the Air National Guard, $4,503,338,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,825,000.
(13) For Environmental Restoration, Army, $400,948,000.
(14) For Environmental Restoration, Navy, $266,820,000.
(15) 
For 
Environmental 
Restoration, 
Air 
Force,
$397,368,000.
(16) 
For 
Environmental 
Restoration, 
Defense-wide,
$23,684,000
(17) For Environmental Restoration, Formerly Used
Defense Sites, $256,516,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) 
For 
Cooperative 
Threat 
Reduction 
programs,
$409,200,000.
H. R. 4200—31
(20) For the Overseas Contingency Operations Transfer
Fund, $10,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $451,886,000.
(2) For the National Defense Sealift Fund, $1,269,252,000.
(3) For the Defense Working Capital Fund, Defense Com-
missary, $1,175,000,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) DEFENSE HEALTH PROGRAM.—Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year
2005 for expenses, not otherwise provided for, for the Defense
Health Program, in the amount of $17,657,386,000, of which—
(1) $17,219,844,000 is for Operation and Maintenance;
(2) $72,907,000 is for Research, Development, Test, and
Evaluation; and
(3) $364,635,000 is for Procurement.
(b) 
CHEMICAL
AGENTS
AND
MUNITIONS
DESTRUCTION,
DEFENSE.—(1) Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2005 for expenses,
not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, in the amount of $1,371,990,000, of which—
(A) $1,088,801,000 is for Operation and Maintenance;
(B) $204,209,000 is for Research, Development, Test, and
Evaluation; and
(C) $78,980,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph
(1) are authorized for—
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
(c) DRUG
INTERDICTION
AND
COUNTER-DRUG
ACTIVITIES,
DEFENSE-WIDE.—Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2005 for expenses,
not otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, in the amount of $852,947,000.
(d) DEFENSE INSPECTOR GENERAL.—Funds are hereby author-
ized to be appropriated for the Department of Defense for fiscal
year 2005 for expenses, not otherwise provided for, for the Office
of the Inspector General of the Department of Defense, in the
amount of $204,562,000, of which—
(1) $202,362,000 is for Operation and Maintenance;
(2) $2,100,000 is for Procurement; and
(3) $100,000 is for Research, Development, Test, and
Evaluation.
H. R. 4200—32
Subtitle B—Environmental Provisions
SEC. 311. SATISFACTION OF SUPERFUND AUDIT REQUIREMENTS BY
INSPECTOR 
GENERAL 
OF 
THE 
DEPARTMENT 
OF
DEFENSE.
(a) SATISFACTION OF REQUIREMENTS.—The Inspector General
of the Department of Defense shall be deemed to be in compliance
with the requirements of section 111(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9611(k)) if the Inspector General conducts periodic audits
of the payments, obligations, reimbursements, and other uses of
the Hazardous Substance Superfund by the Department of Defense,
even if such audits do not occur on an annual basis.
(b) REPORTS TO CONGRESS ON AUDITS.—The Inspector General
shall submit to Congress a report on each audit conducted by
the Inspector General as described in subsection (a).
SEC. 
312. 
REIMBURSEMENT 
OF 
ENVIRONMENTAL 
PROTECTION
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH
MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES
LAKE, WASHINGTON.
(a) AUTHORITY TO REIMBURSE.—(1) Using funds described in
subsection (b), the Secretary of Defense may transfer not more
than $524,926.54 to the Moses Lake Wellfield Superfund Site 10–
6J Special Account.
(2) The payment under paragraph (1) is to reimburse the
Environmental Protection Agency for its costs, including interest,
incurred in overseeing a remedial investigation/feasibility study
performed by the Department of the Army under the Defense
Environmental Restoration Program at the former Larson Air Force
Base, Moses Lake Superfund Site, Moses Lake, Washington.
(3) The reimbursement described in paragraph (2) is provided
for in the interagency agreement entered into by the Department
of the Army and the Environmental Protection Agency for the
Moses Lake Wellfield Superfund Site in March 1999.
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall
be made using funds authorized to be appropriated by section
301(17) for operation and maintenance for Environmental Restora-
tion, Formerly Used Defense Sites.
(c) USE OF FUNDS.—The Environmental Protection Agency shall
use the amount transferred under subsection (a) to pay costs
incurred by the Agency at the Moses Lake Wellfield Superfund
Site.
SEC. 313. INCREASE IN AUTHORIZED AMOUNT OF ENVIRONMENTAL
REMEDIATION, FRONT ROYAL, VIRGINIA.
Section 591(a)(2) of the Water Resources Development Act of
1999 (Public Law 106–53; 113 Stat. 378) is amended by striking
‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’.
SEC. 314. SMALL BOAT HARBOR, UNALASKA, ALASKA.
The Secretary of the Army shall carry out the small boat
harbor project in Unalaska, Alaska, at a total estimated cost of
$23,200,000, with an estimated Federal cost of $11,500,000 and
an estimated non-Federal cost of $11,700,000, substantially in
accordance with the plans, and subject to the conditions, rec-
ommended in a final report of the Chief of Engineers if a favorable
H. R. 4200—33
final report of the Chief for the project is completed not later
than December 31, 2004.
SEC. 315. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING
UTAH TEST AND TRAINING RANGE, UTAH.
(a) REPORT REQUIRED.—The Secretary of the Air Force shall
prepare a report that outlines current and anticipated encroach-
ments on the use and utility of the special use airspace of the
Utah Test and Training Range in the State of Utah, including
encroachments brought about through actions of other Federal agen-
cies. The Secretary shall include in the report such recommenda-
tions as the Secretary considers appropriate regarding any legisla-
tive initiatives necessary to address encroachment problems identi-
fied by the Secretary in the report.
(b) SUBMISSION
OF REPORT.—Not later than one year after
the date of the enactment of this Act, the Secretary shall submit
the report to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate. It is the sense of Congress that the recommendations con-
tained in the report should be carefully considered for future legisla-
tive action.
(c) PROHIBITION ON GROUND MILITARY OPERATIONS.—Nothing
in this section shall be construed to permit a military operation
to be conducted on the ground in a covered wilderness study area
in the Utah Test and Training Range.
(d) COMMUNICATIONS AND TRACKING SYSTEMS.—Nothing in this
section shall be construed to prevent any required maintenance
of existing communications, instrumentation, or electronic tracking
systems (or the infrastructure supporting such systems) necessary
for effective testing and training to meet military requirements
in the Utah Test and Training Range.
SEC. 316. COMPTROLLER GENERAL STUDY AND REPORT ON ALTER-
NATIVE TECHNOLOGIES TO DECONTAMINATE GROUND-
WATER AT DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) COMPTROLLER GENERAL STUDY.—The Comptroller General
shall conduct a study to determine whether cost-effective tech-
nologies are available to the Department of Defense for the cleanup
of groundwater contamination at Department installations in lieu
of traditional methods, such as pump and treat, used to respond
to groundwater contamination.
(b) ELEMENTS OF STUDY.—In conducting the study under sub-
section (a), the Comptroller General shall—
(1) identify current technologies being used or field tested
by the Department of Defense to treat groundwater at Depart-
ment installations;
(2) identify cost-effective technologies for the cleanup of
groundwater contamination that—
(A) are being researched, are under development by
commercial vendors, or are available commercially and
being used outside the Department; and
(B) have potential for use by the Department to address
groundwater contamination;
(3) evaluate the potential benefits and limitations of using
the technologies identified under paragraphs (1) and (2); and
(4) consider the barriers, such as cost, capability, or legal
restrictions, to using the technologies identified under para-
graph (2).
H. R. 4200—34
(c) REPORT REQUIRED.—Not later than April 1, 2005, the Comp-
troller General shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives a report containing the results of the study,
including information regarding the matters specified in subsection
(b) and any recommendations, including recommendations for
administrative or legislative action, that the Comptroller General
considers appropriate.
SEC. 317. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING
WATER 
CONTAMINATION 
AND 
RELATED 
HEALTH
EFFECTS AT CAMP LEJEUNE, NORTH CAROLINA.
(a) STUDY.—The Comptroller General shall conduct a study
on drinking water contamination and related health effects at Camp
Lejeune, North Carolina. The study shall consist of the following:
(1) A study of the history of drinking water contamination
at Camp Lejeune to determine, to the extent practical—
(A) what contamination has been found in the drinking
water;
(B) the source of such contamination and when it may
have begun; and
(C) what actions have been taken to address such
contamination.
(2) An assessment of the study on the possible health
effects associated with the drinking of contaminated drinking
water at Camp Lejeune as proposed by the Agency for Toxic
Substances and Disease Registry of the Department of Health
and Human Services, including whether the proposed study—
(A) will address the appropriate at-risk populations;
(B) will encompass an appropriate timeframe;
(C) will consider all relevant health effects; and
(D) can be completed on an expedited basis without
compromising its quality.
(b) AUTHORITY TO USE EXPERTS.—The Comptroller General
may use experts in conducting the study required by subsection
(a). Any such experts shall be independent, highly qualified, and
knowledgeable in the matters covered by the study.
(c) PARTICIPATION
BY OTHER INTERESTED PARTIES.—In con-
ducting the study required by subsection (a), the Comptroller Gen-
eral shall ensure that interested parties, including individuals who
lived or worked at Camp Lejeune during the period when the
drinking water may have been contaminated, have the opportunity
to submit information and views on the matters covered by the
study.
(d) CONSTRUCTION WITH ATSDR STUDY.—The requirement
under subsection (a)(2) that the Comptroller General conduct an
assessment of the study proposed by the Agency for Toxic Sub-
stances and Disease Registry, as described in such subsection, may
not be construed as a basis for the delay of that study. The assess-
ment is intended to provide an independent review of the appro-
priateness and credibility of the study proposed by the Agency
and to identify possible improvements in the plan or implementation
of the study proposed by the Agency.
(e) REPORT.—(1) Not later than one year after the date of
the enactment of this Act, the Comptroller General shall submit
to the congressional defense committees a report on the study
required by subsection (a), including such recommendations as the
H. R. 4200—35
Comptroller General considers appropriate for further study or for
legislative or other action.
(2) Recommendations under paragraph (1) may include rec-
ommendations for modifications or additions to the study proposed
by the Agency for Toxic Substances and Disease Registry, as
described in subsection (a)(2), in order to improve the study.
SEC. 318. SENSE OF CONGRESS REGARDING PERCHLORATE CONTAMI-
NATION OF GROUND AND SURFACE WATER FROM
DEPARTMENT OF DEFENSE ACTIVITIES.
It is the sense of Congress that the Secretary of Defense
should—
(1) develop a plan for the remediation of perchlorate
contamination resulting from the activities of the Department
of Defense to ensure that the Department is prepared to
respond quickly and appropriately once the United States estab-
lishes a drinking water standard for perchlorate;
(2) continue remediation activities for perchlorate contami-
nation at those sites where perchlorate contamination poses
an imminent and substantial endangerment to public health
and welfare and where the Department is undertaking site-
specific remedial action as of the date of the enactment of
this Act;
(3) develop a plan for the remediation of perchlorate
contamination resulting from the activities of the Department
of Defense in cases in which, notwithstanding the lack of a
drinking water standard for perchlorate, such contamination
is present in ground or surface water at levels that the Sec-
retary of Defense determines pose a hazard to human health;
and
(4) continue the process of evaluating and prioritizing per-
chlorate contamination sites without waiting for the establish-
ment of the Federal drinking water standard for perchlorate.
Subtitle C—Workplace and Depot Issues
SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS
CONCERNING FUNDS EXPENDED FOR DEPOT MAINTE-
NANCE AND REPAIR WORKLOADS.
Subsection (d) of section 2466 of title 10, United States Code,
is amended to read as follows:
‘‘(d) ANNUAL REPORT AND REVIEW.—(1) Not later than April
1 of each year, the Secretary of Defense shall submit to Congress
a report identifying, for each of the armed forces (other than the
Coast Guard) and each Defense Agency, the percentage of the
funds referred to in subsection (a) that was expended during the
preceding fiscal year, and are projected to be expended during
the current fiscal year and the ensuing fiscal year, for performance
of depot-level maintenance and repair workloads by the public
and private sectors.
‘‘(2) Not later than 90 days after the date on which the Secretary
submits a report under paragraph (1), the Comptroller General
shall submit to Congress the Comptroller General’s views on
whether—
H. R. 4200—36
‘‘(A) the Department of Defense complied with the require-
ments of subsection (a) during the preceding fiscal year covered
by the report; and
‘‘(B) the expenditure projections for the current fiscal year
and the ensuing fiscal year are reasonable.’’.
SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT CON-
CERNING MANAGEMENT OF DEPOT EMPLOYEES.
(a) REPEAL.—Section 2472 of title 10, United States Code, is
amended—
(1) by striking ‘‘(a) PROHIBITION ON MANAGEMENT BY END
STRENGTH.—’’; and
(2) by striking subsection (b).
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 2472. Prohibition on management of depot employees by
end strength’’.
(2) The table of sections at the beginning of chapter 146 of
such title is amended by striking the item relating to section 2472
and inserting the following new item:
‘‘2472. Prohibition on management of depot employees by end strength.’’.
SEC. 323. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN EXPENDI-
TURES INCURRED IN OPERATION OF CENTERS OF INDUS-
TRIAL AND TECHNICAL EXCELLENCE.
Section 2474(f)(1) of title 10, United States Code, is amended
by striking ‘‘through 2006’’ and inserting ‘‘through 2009’’.
SEC. 324. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE
OF SECURITY-GUARD FUNCTIONS.
(a) CONDITIONAL EXTENSION OF AUTHORITY.—Subsection (c) of
section 332 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2513) is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘AUTHORITY.—’’; and
(2) by striking ‘‘at the end of the three-year period’’ and
all that follows through the period at the end of the subsection
and inserting the following: ‘‘at the end of September 30, 2006,
except that such authority shall not be in effect after December
1, 2005, if the Secretary fails to submit to Congress the plan
required by subsection (d)(4), until the date on which the Sec-
retary submits the plan.
‘‘(2) No security-guard functions may be performed under any
contract entered into using the authority provided under this section
during any period in which the authority for contractor performance
of security-guard functions under this section is not in effect under
paragraph (1). The term of any contract entered into using such
authority may not extend beyond September 30, 2006.’’.
(b) REAFFIRMATION
AND REVISION
OF REPORTING REQUIRE-
MENT.—Subsection (d) of such section is amended to read as follows:
‘‘(d) REPORT AND PLAN REQUIRED.—Not later than December
1, 2005, the Secretary of Defense shall submit to the congressional
defense committees a report that—
‘‘(1) identifies each contract for the performance of security-
guard functions entered into on or before September 30, 2004,
H. R. 4200—37
pursuant to the authority provided by subsection (a), including
information regarding—
‘‘(A) each installation at which such security-guard
functions are performed or are to be performed;
‘‘(B) the period and amount of such contract;
‘‘(C) the number of security guards employed or to
be employed under such contract;
‘‘(D) whether the contract was awarded pursuant to
full and open competition; and
‘‘(E) the actions taken or to be taken within the Depart-
ment of Defense to ensure that the conditions applicable
under paragraph (1) of subsection (a) or determined under
paragraph (2) of such subsection are satisfied;
‘‘(2) identifies, for each military installation at which such
authority was used or is expected to be used, any requirements
for the performance of security-guard functions described in
subsection (a) that are expected to continue after the date
on which such authority expires;
‘‘(3) identifies any limitation or constraint on the end
strength of the civilian workforce of the Department of Defense
that makes it difficult to meet requirements identified under
paragraph (2) by hiring personnel as civilian employees of
the Department of Defense; and
‘‘(4) includes a plan for meeting such requirements, in
a manner consistent with applicable law, on a long-term basis.’’.
SEC. 325. PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL
SERVICES FOR ARMY INSTALLATIONS.
(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Army may
carry out a pilot program to procure one or more of the municipal
services specified in subsection (b) for an Army installation from
a county or municipality in which the installation is located for
the purpose of evaluating the efficacy of procuring such services
rather than providing them directly.
(b) SERVICES AUTHORIZED FOR PROCUREMENT.—Only the fol-
lowing services may be procured for a military installation partici-
pating in the pilot program:
(1) Refuse collection.
(2) Refuse disposal.
(3) Library services.
(4) Recreation services.
(5) Facility maintenance and repair.
(6) Utilities.
(c) PARTICIPATING INSTALLATIONS.—Not more than two Army
installations may be selected to participate in the pilot program,
and only installations located in the United States are eligible
for selection.
(d) CONGRESSIONAL NOTIFICATION.—The Secretary may not
enter into a contract under the pilot program for the procurement
of municipal services until the Secretary notifies the congressional
defense committees of the proposed contract and a period of 14
days elapses from the date the notification is received by the
committees.
(e) IMPLEMENTATION REPORT.—(1) Not later than February 1,
2007, the Secretary shall submit to the congressional defense
committees and the Comptroller General a report describing the
implementation of the pilot program, evaluating the efficacy of
H. R. 4200—38
procuring municipal services for participating installations from
local counties or municipalities, and containing any recommenda-
tions that the Secretary considers appropriate regarding expansion
or alteration of the program.
(2) The Comptroller General shall submit to the congressional
defense committees an assessment of the findings and recommenda-
tions contained in the report submitted under paragraph (1).
(f) TERMINATION OF PILOT PROGRAM.—The pilot program shall
terminate on September 30, 2010. Any contract entered into under
the pilot program shall terminate not later than that date.
SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER
OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A–76.
(a) TREATMENT OF AGENCY TENDER OFFICIAL AS INTERESTED
PARTY.—Section 3551(2) of title 31, United States Code, is
amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) The term includes the official responsible for submit-
ting the Federal agency tender in a public-private competition
conducted under Office of Management and Budget Circular
A–76 regarding an activity or function of a Federal agency
performed by more than 65 full-time equivalent employees of
the Federal agency.’’.
(b) FILING OF PROTEST ON BEHALF OF FEDERAL EMPLOYEES.—
Section 3552 of such title is amended—
(1) by inserting ‘‘(a)’’ before ‘‘A protest’’; and
(2) by adding at the end the following new subsection:
‘‘(b)(1) In the case of an agency tender official who is an
interested party under section 3551(2)(B) of this title, the official
may file a protest in connection with the public-private competition
for which the official is an interested party. At the request of
a majority of the employees of the Federal agency who are engaged
in the performance of the activity or function subject to such public-
private competition, the official shall file a protest in connection
with such public-private competition unless the official determines
that there is no reasonable basis for the protest.
‘‘(2) The determination of an agency tender official under para-
graph (1) whether or not to file a protest is not subject to adminis-
trative or judicial review. An agency tender official shall provide
written notification to Congress whenever the official makes a deter-
mination under paragraph (1) that there is no reasonable basis
for a protest.’’.
(c) INTERVENTION IN PROTEST.—Section 3553 of such title is
amended by adding at the end the following new subsection:
‘‘(g) If an interested party files a protest in connection with
a public-private competition described in section 3551(2)(B) of this
title, a person representing a majority of the employees of the
Federal agency who are engaged in the performance of the activity
or function subject to the public-private competition may intervene
in protest.’’.
(d) APPLICABILITY.—The amendments made by this section shall
apply to protests filed under subchapter V of chapter 35 of title
31, United States Code, that relate to studies initiated under Office
of Management and Budget Circular A–76 on or after the end
of the 90-day period beginning on the date of the enactment of
this Act.
H. R. 4200—39
(e) RULE OF CONSTRUCTION.—The amendments made by this
section shall not be construed to authorize the use of a protest
under subchapter V of chapter 35 of title 31, United States Code,
with regard to a decision made by an agency tender official.
SEC. 327. LIMITATIONS ON CONVERSION OF WORK PERFORMED BY
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES TO
CONTRACTOR PERFORMANCE.
(a) REQUIRED COST-SAVINGS THRESHOLD FOR CONVERSION.—
If a public-private competition conducted under the Office of
Management and Budget Circular A–76 dated May 29, 2003 (68
Fed. Reg. 32134), regarding an activity or function performed by
civilian employees of the Department of Defense is required to
include a formal comparison of the cost of civilian employee perform-
ance of the activity or function with the cost of contractor perform-
ance, the Secretary of Defense shall maintain the continued
performance of the activity or function by civilian employees unless
the competitive sourcing official determines that, over all perform-
ance periods stated in the solicitation of offers for performance
of the activity or function, the cost of performance of the activity
or function by a contractor would be less costly to the Department
of Defense by an amount that equals or exceeds the lesser of
the following:
(1) $10,000,000.
(2) 10 percent of the most efficient organization’s personnel-
related costs for performance of the activity or function by
civilian employees.
(b) PROHIBITION ON MODIFICATION OF FUNCTIONS TO PERMIT
STREAMLINED A–76 STUDY.—The Secretary of Defense shall ensure
that no organization, function, or activity of the Department of
Defense is consolidated, restructured, reengineered, or otherwise
modified in any way for the purpose of exempting any public-
private competition conducted under the Office of Management
and Budget Circular A–76 dated May 29, 2003 (68 Fed. Reg. 32134),
regarding a commercial or industrial type function of the Depart-
ment of Defense from the requirement to formally compare, in
accordance with such Circular, the cost of civilian employee perform-
ance of the function with the cost of contractor performance.
(c) EXCEPTION.—Subsection (a) does not apply in the case of
a public-private competition conducted as part of the best-value
source selection pilot program authorized by section 336 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108–136; 10 U.S.C. 2461 note).
SEC. 328. COMPETITIVE SOURCING REPORTING REQUIREMENT.
Not later than February 1, 2005, the Inspector General of
the Department of Defense shall submit to Congress a report
addressing whether the Department of Defense—
(1) employs a sufficient number of adequately trained
civilian employees—
(A) to conduct satisfactorily, taking into account equity,
efficiency and expeditiousness, all of the public-private com-
petitions that are scheduled to be undertaken by the
Department of Defense during the next fiscal year
(including a sufficient number of employees to formulate
satisfactorily the performance work statements and most
efficient organization plans for the purposes of such com-
petitions); and
H. R. 4200—40
(B) to administer any resulting contracts; and
(2) has implemented a comprehensive and reliable system
to track and assess the cost and quality of the performance
of functions of the Department of Defense by service contrac-
tors.
Subtitle D—Information Technology
SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR
TRANSITION TO INTERNET PROTOCOL VERSION 6.
(a) TRANSITION PLAN REQUIRED.—The Secretary of Defense
shall prepare a plan detailing the Department of Defense strategy
to provide for the transition of the Department’s information tech-
nology systems to Internet Protocol version 6 from the present
use of Internet Protocol version 4 and other network protocols.
In preparing the transition plan, the Secretary shall compare pri-
vate industry plans for the transition to Internet Protocol version
6.
(b) ELEMENTS OF PLAN.—The transition plan required by sub-
section (a) shall include the following:
(1) An outline of the networking and security system equip-
ment that will need to be replaced in the transition, including
the timing and costs of such replacement.
(2) An assessment of how the current and new networks
and security systems will be managed.
(3) An assessment of the potential impact of the transition,
including an overall cost estimate for the transition and an
estimate of the costs to be incurred by each of the military
departments and the Defense Agencies.
(4) Any measures proposed to alleviate any adverse effects
of the transition.
(c) TESTING AND EVALUATION FOR INTERNET PROTOCOL.—To
determine whether a change to the use of Internet Protocol version
6 will support Department of Defense requirements, the Secretary
of Defense shall provide for rigorous, real-world, end-to-end testing
of Internet Protocol version 6, as proposed for use by the Depart-
ment, to evaluate the following:
(1) The ability of Internet Protocol version 6, with its
‘‘best effort’’ quality of service, to satisfactory support the
Department’s multiple applications and other information tech-
nology systems, including the use of Internet Protocol version
6 over bandwidth-constrained tactical circuits.
(2) The ability of the Department’s networks using Internet
Protocol version 6 to respond to, and perform under, heavy
loading of the core networks.
(d) REPORTS ON PLAN AND TEST RESULTS.—(1) Not later than
March 31, 2005, the Secretary of Defense shall submit to the
congressional defense committees a report containing the transition
plan prepared under subsection (a).
(2) Not later than September 30, 2005, the Director of Oper-
ational Test and Evaluation shall submit to the congressional
defense committees a report containing an update on the continuing
test program and any test results.
H. R. 4200—41
SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, SYSTEM
ACCOUNTABILITY, AND CONDITIONS FOR OBLIGATION
OF FUNDS FOR DEFENSE BUSINESS SYSTEM MODERNIZA-
TION.
(a) IN GENERAL.—(1) Chapter 131 of title 10, United States
Code, is amended by inserting before section 2223 the following
new section:
‘‘§ 2222. Defense business systems: architecture, account-
ability, and modernization
‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR DEFENSE BUSI-
NESS SYSTEM MODERNIZATION.—Effective October 1, 2005, funds
appropriated to the Department of Defense may not be obligated
for a defense business system modernization that will have a total
cost in excess of $1,000,000 unless—
‘‘(1) the approval authority designated for the defense busi-
ness system certifies to the Defense Business Systems Manage-
ment Committee established by section 186 of this title that
the defense business system modernization—
‘‘(A) is in compliance with the enterprise architecture
developed under subsection (c);
‘‘(B) is necessary to achieve a critical national security
capability or address a critical requirement in an area
such as safety or security; or
‘‘(C) is necessary to prevent a significant adverse effect
on a project that is needed to achieve an essential capa-
bility, taking into consideration the alternative solutions
for preventing such adverse effect; and
‘‘(2) the certification by the approval authority is approved
by the Defense Business Systems Management Committee.
‘‘(b) OBLIGATION OF FUNDS IN VIOLATION OF REQUIREMENTS.—
The obligation of Department of Defense funds for a business system
modernization in excess of the amount specified in subsection (a)
that has not been certified and approved in accordance with such
subsection is a violation of section 1341(a)(1)(A) of title 31.
‘‘(c) ENTERPRISE ARCHITECTURE FOR DEFENSE BUSINESS SYS-
TEMS.—Not later than September 30, 2005, the Secretary of Defense,
acting through the Defense Business Systems Management Com-
mittee, shall develop—
‘‘(1) an enterprise architecture to cover all defense business
systems, and the functions and activities supported by defense
business systems, which shall be sufficiently defined to effec-
tively guide, constrain, and permit implementation of interoper-
able defense business system solutions and consistent with
the policies and procedures established by the Director of the
Office of Management and Budget, and
‘‘(2) a transition plan for implementing the enterprise
architecture for defense business systems.
‘‘(d) COMPOSITION OF ENTERPRISE ARCHITECTURE.—The defense
business enterprise architecture developed under subsection (c)(1)
shall include the following:
‘‘(1) An information infrastructure that, at a minimum,
would enable the Department of Defense to—
‘‘(A) comply with all Federal accounting, financial
management, and reporting requirements;
‘‘(B) routinely produce timely, accurate, and reliable
financial information for management purposes;
H. R. 4200—42
‘‘(C) integrate budget, accounting, and program
information and systems; and
‘‘(D) provide for the systematic measurement of
performance, including the ability to produce timely, rel-
evant, and reliable cost information.
‘‘(2) Policies, procedures, data standards, and system inter-
face requirements that are to apply uniformly throughout the
Department of Defense.
‘‘(e) COMPOSITION OF TRANSITION PLAN.—(1) The transition plan
developed under subsection (c)(2) shall include the following:
‘‘(A) The acquisition strategy for new systems that are
expected to be needed to complete the defense business enter-
prise architecture.
‘‘(B) A listing of the defense business systems as of
December 2, 2002 (known as ‘legacy systems’), that will not
be part of the objective defense business enterprise architecture,
together with the schedule for terminating those legacy systems
that provides for reducing the use of those legacy systems
in phases.
‘‘(C) A listing of the legacy systems (referred to in subpara-
graph (B)) that will be a part of the objective defense business
system, together with a strategy for making the modifications
to those systems that will be needed to ensure that such sys-
tems comply with the defense business enterprise architecture.
‘‘(2) Each of the strategies under paragraph (1) shall include
specific time-phased milestones, performance metrics, and a state-
ment of the financial and nonfinancial resource needs.
‘‘(f) APPROVAL AUTHORITIES AND ACCOUNTABILITY FOR DEFENSE
BUSINESS
SYSTEMS.—The Secretary of Defense shall delegate
responsibility for review, approval, and oversight of the planning,
design, acquisition, deployment, operation, maintenance, and mod-
ernization of defense business systems as follows:
‘‘(1) The Under Secretary of Defense for Acquisition, Tech-
nology and Logistics shall be responsible and accountable for
any defense business system the primary purpose of which
is to support acquisition activities, logistics activities, or
installations and environment activities of the Department of
Defense.
‘‘(2) The Under Secretary of Defense (Comptroller) shall
be responsible and accountable for any defense business system
the primary purpose of which is to support financial manage-
ment activities or strategic planning and budgeting activities
of the Department of Defense.
‘‘(3) The Under Secretary of Defense for Personnel and
Readiness shall be responsible and accountable for any defense
business system the primary purpose of which is to support
human resource management activities of the Department of
Defense.
‘‘(4) The Assistant Secretary of Defense for Networks and
Information Integration and the Chief Information Officer of
the Department of Defense shall be responsible and accountable
for any defense business system the primary purpose of which
is to support information technology infrastructure or informa-
tion assurance activities of the Department of Defense.
‘‘(5) The Deputy Secretary of Defense or an Under Secretary
of Defense, as designated by the Secretary of Defense, shall
be responsible for any defense business system the primary
H. R. 4200—43
purpose of which is to support any activity of the Department
of Defense not covered by paragraphs (1) through (4).
‘‘(g) DEFENSE BUSINESS SYSTEM INVESTMENT REVIEW.—(1) The
Secretary of Defense shall require each approval authority des-
ignated under subsection (f) to establish, not later than March
15, 2005, an investment review process, consistent with section
11312 of title 40, to review the planning, design, acquisition,
development, deployment, operation, maintenance, modernization,
and project cost benefits and risks of all defense business systems
for which the approval authority is responsible. The investment
review process so established shall specifically address the respon-
sibilities of approval authorities under subsection (a).
‘‘(2) The review of defense business systems under the invest-
ment review process shall include the following:
‘‘(A) Review and approval by an investment review board
of each defense business system as an investment before the
obligation of funds on the system.
‘‘(B) Periodic review, but not less than annually, of every
defense business system investment.
‘‘(C) Representation on each investment review board by
appropriate officials from among the armed forces, combatant
commands, the Joint Chiefs of Staff, and Defense Agencies.
‘‘(D) Use of threshold criteria to ensure an appropriate
level of review within the Department of Defense of, and
accountability for, defense business system investments
depending on scope, complexity, and cost.
‘‘(E) Use of procedures for making certifications in accord-
ance with the requirements of subsection (a).
‘‘(F) Use of procedures for ensuring consistency with the
guidance issued by the Secretary of Defense and the Defense
Business Systems Management Committee, as required by sec-
tion 186(c) of this title, and incorporation of common decision
criteria, including standards, requirements, and priorities that
result in the integration of defense business systems.
‘‘(h) BUDGET INFORMATION.—In the materials that the Secretary
submits to Congress in support of the budget submitted to Congress
under section 1105 of title 31 for fiscal year 2006 and fiscal years
thereafter, the Secretary of Defense shall include the following
information:
‘‘(1) Identification of each defense business system for which
funding is proposed in that budget.
‘‘(2) Identification of all funds, by appropriation, proposed
in that budget for each such system, including—
‘‘(A) funds for current services (to operate and maintain
the system); and
‘‘(B) funds for business systems modernization, identi-
fied for each specific appropriation.
‘‘(3) For each such system, identification of the official
to whom authority for such system is delegated under sub-
section (f).
‘‘(4) For each such system, a description of each certification
made under subsection (d) with regard to such system.
‘‘(i) CONGRESSIONAL REPORTS.—Not later than March 15 of
each year from 2005 through 2009, the Secretary of Defense shall
submit to the congressional defense committees a report on Depart-
ment of Defense compliance with the requirements of this section.
The first report shall define plans and commitments for meeting
H. R. 4200—44
the requirements of subsection (a), including specific milestones
and performance measures. Subsequent reports shall—
‘‘(1) describe actions taken and planned for meeting the
requirements of subsection (a), including—
‘‘(A) specific milestones and actual performance against
specified performance measures, and any revision of such
milestones and performance measures; and
‘‘(B) specific actions on the defense business system
modernizations submitted for certification under such sub-
section;
‘‘(2) identify the number of defense business system mod-
ernizations so certified;
‘‘(3) identify any defense business system modernization
with an obligation in excess of $1,000,000 during the preceding
fiscal year that was not certified under subsection (a), and
the reasons for the waiver; and
‘‘(4) discuss specific improvements in business operations
and cost savings resulting from successful defense business
systems modernization efforts.
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) The term ‘approval authority’, with respect to a defense
business system, means the Department of Defense official
responsible for the defense business system, as designated by
subsection (f).
‘‘(2) The term ‘defense business system’ means an informa-
tion system, other than a national security system, operated
by, for, or on behalf of the Department of Defense, including
financial systems, mixed systems, financial data feeder systems,
and information technology and information assurance infra-
structure, used to support business activities, such as acquisi-
tion, financial management, logistics, strategic planning and
budgeting, installations and environment, and human resource
management.
‘‘(3) The term ‘defense business system modernization’
means—
‘‘(A) the acquisition or development of a new defense
business system; or
‘‘(B) any significant modification or enhancement of
an existing defense business system (other than necessary
to maintain current services).
‘‘(4) The term ‘enterprise architecture’ has the meaning
given that term in section 3601(4) of title 44.
‘‘(5) The terms ‘information system’ and ‘information tech-
nology’ have the meanings given those terms in section 11101
of title 40.
‘‘(6) The term ‘national security system’ has the meaning
given that term in section 2315 of this title.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section 2223
the following new item:
‘‘2222. Defense business systems: architecture, accountability, and modernization.’’.
(b) DEFENSE BUSINESS SYSTEM MANAGEMENT COMMITTEE.—
(1) Chapter 7 of such title is amended by adding at the end the
following new section:
H. R. 4200—45
‘‘§ 186. Defense Business System Management Committee
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a Defense Business Systems Management Committee, to be com-
posed of the following persons:
‘‘(1) The Deputy Secretary of Defense.
‘‘(2) The Under Secretary of Defense for Acquisition, Logis-
tics, and Technology.
‘‘(3) The Under Secretary of Defense for Personnel and
Readiness.
‘‘(4) The Under Secretary of Defense (Comptroller).
‘‘(5) The Assistant Secretary of Defense for Networks and
Information Integration.
‘‘(6) The Secretaries of the military departments and the
heads of the Defense Agencies.
‘‘(7) Such additional personnel of the Department of
Defense (including personnel assigned to the Joint Chiefs of
Staff and combatant commands) as are designated by the Sec-
retary of Defense.
‘‘(b) CHAIRMAN AND VICE CHAIRMAN.—The Deputy Secretary
of Defense shall serve as the chairman of the Committee. The
Secretary of Defense shall designate one of the officials specified
in paragraphs (2) through (5) of subsection (a) as the vice chairman
of the Committee, who shall act as chairman in the absence of
the Deputy Secretary of Defense.
‘‘(c) DUTIES.—(1) In addition to any other matters assigned
to the Committee by the Secretary of Defense, the Committee
shall—
‘‘(A) recommend to the Secretary of Defense policies and
procedures necessary to effectively integrate the requirements
of section 2222 of this title into all business activities and
any transformation, reform, reorganization, or process improve-
ment initiatives undertaken within the Department of Defense;
‘‘(B) review and approve any major update of the defense
business enterprise architecture developed under subsection
(b) of section 2222 of this title, including evolving the architec-
ture, and of defense business systems modernization plans;
and
‘‘(C) manage cross-domain integration consistent with such
enterprise architecture.
‘‘(2) The Committee shall be responsible for coordinating defense
business system modernization initiatives to maximize benefits and
minimize costs for the Department of Defense and periodically
report to the Secretary on the status of defense business system
modernization efforts.
‘‘(3) The Committee shall ensure that funds are obligated for
defense business system modernization in a manner consistent with
section 2222 of this title.
‘‘(c) DEFINITIONS.—In this section, the terms ‘defense business
system’ and ‘defense business system modernization’ have the
meanings given such terms in section 2222 of this title.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘186. Defense Business System Management Committee.’’.
(c) IMPLEMENTATION REQUIREMENTS.—Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall—
H. R. 4200—46
(1) complete the delegation of responsibility for the review,
approval, and oversight of the planning, design, acquisition,
deployment, operation, maintenance, and modernization of
defense business systems required by subsection (f) of section
2222 of title 10, United States Code, as added by subsection
(a)(1); and
(2) designate a vice chairman of the Defense Business
System Management Committee, as required by subsection (b)
of section 186 of such title, as added by subsection (b)(1).
(d) COMPTROLLER GENERAL ASSESSMENT.—Not later than 60
days after the date on which the Secretary of Defense approves
the defense business enterprise architecture and transition plan
developed under section 2222 of title 10, United States Code, as
added by subsection (a)(1), and again each year not later than
60 days after the submission of the annual report required under
subsection (i), the Comptroller General shall submit to the congres-
sional defense committees an assessment of the extent to which
the actions taken by the Department comply with the requirements
of such section.
(e) RELATION
TO
ANNUAL
REGISTRATION
REQUIREMENTS.—
Nothing in sections 186 and 2222 of title 10, United States Code,
as added by this section, shall be construed to alter the require-
ments of section 8083 of the Department of Defense Appropriations
Act, 2005 (Public Law 108–287; 118 Stat. 989), with regard to
information technology systems (as defined in subsection (d) of
such section).
(f) REPEAL OF OBSOLETE FINANCIAL MANAGEMENT ENTERPRISE
ARCHITECTURE REQUIREMENTS.—Section 1004 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107–314; 10 U.S.C. 113 note) is repealed.
SEC. 333. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL
INFORMATION GRID BANDWIDTH EXPANSION (GIG–BE).
(a) REPORT REQUIRED.—Not later that 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on a test program
to demonstrate the maturity and effectiveness of the Global
Information Grid-Bandwidth Expansion (hereinafter in this section
referred to as ‘‘GIG–BE’’).
(b) CONTENT OF REPORT.—In the report under subsection (a),
the Secretary of Defense shall include the following:
(1) The Secretary’s determination as to whether the results
of the test program described in subsection (a) demonstrate
compliance of the GIG–BE architecture with the overall goals
of the GIG–BE program.
(2) Identification of—
(A) the extent to which the GIG–BE architecture does
not meet the overall goals of the GIG–BE program; and
(B) the components of that architecture that are not
yet sufficiently developed to achieve the overall goals of
that program.
(3) A plan for achieving compliance referred to in paragraph
(1), together with cost estimates for carrying out that plan.
(4) Documentation of the equipment and network configura-
tion used in the test program to demonstrate real-world sce-
narios for the operation of the GIG–BE within the continental
United States.
H. R. 4200—47
Subtitle E—Extensions of Program
Authorities
SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DEFENSE TELE-
COMMUNICATIONS BENEFIT.
Section 344(c) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1448) is amended
by striking ‘‘September 30, 2004’’ and inserting ‘‘September 30,
2006’’.
SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) DURATION OF PROGRAM.—Subsection (a) of section 343 of
the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C.
4551 note) is amended by striking ‘‘2004’’ and inserting ‘‘2008’’.
(b) ADDITIONAL REPORT REQUIRED.—Subsection (g) of such sec-
tion is amended—
(1) in paragraph (1), by striking ‘‘2004’’ and inserting
‘‘2008’’; and
(2) in paragraph (2), by striking ‘‘2003’’ and inserting
‘‘2007’’.
SEC. 343. TWO-YEAR EXTENSION OF WARRANTY CLAIMS RECOVERY
PILOT PROGRAM.
Section 391 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note) is amended—
(1) in subsection (f), by striking ‘‘September 30, 2004’’ and
inserting ‘‘September 30, 2006’’; and
(2) by adding at the end the following new subsection:
‘‘(g) REPORTING REQUIREMENT.—Not later than February 1,
2006, the Secretary of Defense shall submit to Congress a report
on the pilot program, including—
‘‘(1) a description of the extent to which commercial firms
have been used to provide the services specified in subsection
(b) and the type of services procured;
‘‘(2) a description of any problems that have limited the
ability of the Secretary to utilize the pilot program to procure
such services; and
‘‘(3) the recommendation of the Secretary regarding
whether the pilot program should be made permanent or
extended beyond September 30, 2006.’’.
Subtitle F—Other Matters
SEC. 351. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR
HEALTH EQUIPMENT PURCHASED BY OR FOR MEMBERS
OF THE ARMED FORCES DEPLOYED IN CONTINGENCY
OPERATIONS.
(a) REIMBURSEMENT REQUIRED.—The Secretary of Defense shall
reimburse a member of the Armed Forces for the cost (including
any shipping cost) of any protective, safety, or health equipment
that was purchased by the member or by another person on behalf
of the member for the personal use of the member in anticipation
of, or during, the deployment of the member in connection with
H. R. 4200—48
Operation Noble Eagle, Operation Enduring Freedom, or Operation
Iraqi Freedom, but only if—
(1) the Secretary of Defense certifies that the protective,
safety, or health equipment was critical to the protection, safety,
or health of the member;
(2) the member was not issued the protective, safety, or
health equipment before the member became engaged in oper-
ations in areas or situations described in section 310(a)(2) of
title 37, United States Code; and
(3) the protective, safety, or health equipment was pur-
chased by the member during the period beginning on Sep-
tember 11, 2001, and ending on July 31, 2004.
(b) AMOUNT OF REIMBURSEMENT.—The amount of reimburse-
ment provided under subsection (a) per item of protective, safety,
or health equipment purchased by a member of the Armed Forces
may not exceed $1,100.
(c) SUBMISSION
OF
REIMBURSEMENT
CLAIMS.—Claims for
reimbursement for the cost of protective, safety, or health equipment
purchased by a member of the Armed Forces shall be submitted
to the Secretary of Defense under this section not later than one
year after the date on which the implementing rules required
by subsection (d) take effect.
(d) RULEMAKING.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
rules to expedite the provision of reimbursement under subsection
(a). In conducting such rulemaking, the Secretary shall address
the circumstances under which the United States will assume title
or ownership of any protective, safety, or health equipment for
which reimbursement is made.
SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF
MID-RANGE FINANCIAL IMPROVEMENT PLAN PENDING
REPORT.
Amounts authorized to be appropriated to the Department of
Defense for fiscal year 2005 for operation and maintenance may
not be obligated for the purpose of preparing or implementing
the Mid-Range Financial Improvement Plan until the Secretary
of Defense submits to the congressional defense committees a report
containing the following:
(1) A determination that the enterprise architecture for
defense business systems and the transition plan for imple-
menting the enterprise architecture have been developed, as
required by subsection (c) of section 2222 of title 10, United
States Code, as added by section 332(a).
(2) An explanation of the manner in which the operation
and maintenance funds will be used for each of the military
departments and the Defense Agencies to prepare or implement
the Mid-Range Financial Improvement Plan during that fiscal
year.
(3) An estimate of the costs for future fiscal years for
each of the military departments and the Defense Agencies
to prepare and implement the Mid-Range Financial Improve-
ment Plan.
H. R. 4200—49
SEC. 353. PILOT PROGRAM TO AUTHORIZE ARMY WORKING-CAPITAL
FUNDED FACILITIES TO ENGAGE IN COOPERATIVE
ACTIVITIES WITH NON-ARMY ENTITIES.
(a) COOPERATIVE ARRANGEMENTS AUTHORIZED.—Chapter 433
of title 10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 4544. Army industrial facilities: cooperative activities with
non-Army entities
‘‘(a) COOPERATIVE ARRANGEMENTS AUTHORIZED.—A working-
capital funded Army industrial facility may enter into a contract
or other cooperative arrangement with a non-Army entity to carry
out with the non-Army entity a military or commercial project
described in subsection (b), subject to the conditions prescribed
in subsection (c).
‘‘(b) AUTHORIZED
ACTIVITIES.—A cooperative arrangement
entered into by an Army industrial facility under subsection (a)
may provide for any of the following activities:
‘‘(1) The sale of articles manufactured by the facility or
services performed by the facility to persons outside the Depart-
ment of the Army.
‘‘(2) The performance of work by a non-Army entity at
the facility.
‘‘(3) The performance of work by the facility for a non-
Army entity.
‘‘(4) The sharing of work by the facility and a non-Army
entity.
‘‘(5) The leasing, or use under a facilities use contract
or otherwise, of the facility (including excess capacity) or equip-
ment (including excess equipment) of the facility by a non-
Army entity.
‘‘(6) The preparation and submission of joint offers by the
facility and a non-Army entity for competitive procurements
entered into with Federal agency.
‘‘(c) CONDITIONS.—An activity authorized by subsection (b) may
be carried out at an Army industrial facility under a cooperative
arrangement entered into under subsection (a) only under the fol-
lowing conditions:
‘‘(1) In the case of an article to be manufactured or services
to be performed by the facility, the articles can be substantially
manufactured, or the services can be substantially performed,
by the facility without subcontracting for more than incidental
performance.
‘‘(2) The activity does not interfere with performance of—
‘‘(A) work by the facility for the Department of Defense;
or
‘‘(B) a military mission of the facility.
‘‘(3) The activity meets one of the following objectives:
‘‘(A) Maximized utilization of the capacity of the
facility.
‘‘(B) Reduction or elimination of the cost of ownership
of the facility.
‘‘(C) Reduction in the cost of manufacturing or
maintaining Department of Defense products at the facility.
‘‘(D) Preservation of skills or equipment related to a
core competency of the facility.
H. R. 4200—50
‘‘(4) The non-Army entity agrees to hold harmless and
indemnify the United States from any liability or claim for
damages or injury to any person or property arising out of
the activity, including any damages or injury arising out of
a decision by the Secretary of the Army or the Secretary of
Defense to suspend or terminate an activity, or any portion
thereof, during a war or national emergency or to require
the facility to perform other work or provide other services
on a priority basis, except—
‘‘(A) in any case of willful misconduct or gross neg-
ligence; and
‘‘(B) in the case of a claim by a purchaser of articles
or services under this section that damages or injury arose
from the failure of the United States to comply with quality,
schedule, or cost performance requirements in the contract
to carry out the activity.
‘‘(d) ARANGEMENT METHODS AND AUTHORITIES.—To establish
a cooperative arrangement under subsection (a) with a non-Army
entity, the approval authority described in subsection (e) for an
Army industrial facility may—
‘‘(1) enter into a firm, fixed-price contract (or, if agreed
to by the non-Army entity, a cost reimbursement contract)
for a sale of articles or services or use of equipment or facilities;
‘‘(2) enter into a multiyear contract for a period not to
exceed five years, unless a longer period is specifically author-
ized by law;
‘‘(3) charge the non-Army entity the amounts necessary
to recover the full costs of the articles or services provided,
including capital improvement costs, and equipment deprecia-
tion costs associated with providing the articles, services, equip-
ment, or facilities;
‘‘(4) authorize the non-Army entity to use incremental
funding to pay for the articles, services, or use of equipment
or facilities; and
‘‘(5) accept payment-in-kind.
‘‘(e) APPROVAL AUTHORITY.—The authority of an Army indus-
trial facility to enter into a cooperative arrangement under sub-
section (a) shall be exercised at the level of the commander of
the major subordinate command of the Army that has responsibility
for the facility. The commander may approve such an arrangement
on a case-by-case basis or a class basis.
‘‘(f) COMMERCIAL SALES.—Except in the case of work performed
for the Department of Defense, for a contract of the Department
of Defense, for foreign military sales, or for authorized foreign
direct commercial sales (defense articles or defense services sold
to a foreign government or international organization under export
controls), a sale of articles or services may be made under this
section only if the approval authority described in subsection (e)
determines that the articles or services are not available from
a commercial source located in the United States in the required
quantity or quality, or within the time required.
‘‘(g) EXCLUSION FROM DEPOT-LEVEL MAINTENANCE AND REPAIR
PERCENTAGE LIMITATION.—Amounts expended for the performance
of a depot-level maintenance and repair workload by non-Federal
Government personnel at an Army industrial facility shall not
be counted for purposes of applying the percentage limitation in
section 2466(a) of this title if the personnel are provided by a
H. R. 4200—51
non-Army entity pursuant to a cooperative arrangement entered
into under subsection (a).
‘‘(h) RELATIONSHIP TO OTHER LAWS.—Nothing in this section
shall be construed to affect the application of—
‘‘(1) foreign military sales and the export controls provided
for in sections 30 and 38 of the Arms Export Control Act
(22 U.S.C. 2770 and 2778) to activities of a cooperative arrange-
ment entered into under subsection (a); and
‘‘(2) section 2667 of this title to leases of non-excess property
in the administration of such an arrangement.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘Army industrial facility’ includes an
ammunition plant, an arsenal, a depot, and a manufacturing
plant.
‘‘(2) The term ‘non-Army entity’ includes the following:
‘‘(A) A Federal agency (other than the Department
of the Army).
‘‘(B) An entity in industry or commercial sales.
‘‘(C) A State or political subdivision of a State.
‘‘(D) An institution of higher education or vocational
training institution.
‘‘(3) The term ‘incremental funding’ means a series of par-
tial payments that—
‘‘(A) are made as the work on manufacture or articles
is being performed or services are being performed or equip-
ment or facilities are used, as the case may be; and
‘‘(B) result in full payment being completed as the
required work is being completed.
‘‘(4) The term ‘full costs’, with respect to articles or services
provided under a cooperative arrangement entered into under
subsection (a), means the variable costs and the fixed costs
that are directly related to the production of the articles or
the provision of the services.
‘‘(5) The term ‘variable costs’ means the costs that are
expected to fluctuate directly with the volume of sales or serv-
ices provided or the use of equipment or facilities.
‘‘(j) EXPIRATION OF AUTHORITY.—The authority to enter into
a cooperative arrangement under subsection (a) expires September
30, 2009, and arrangements entered into under such subsection
shall terminate not later than that date.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘4544. Army industrial facilities: cooperative activities with non-Army entities.’’.
SEC. 354. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL
PROPERTY TO ASSIST FIREFIGHTING AGENCIES.
Section 2576b of title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘may’’ and inserting ‘‘shall’’;
and
(2) in subsection (b), by striking ‘‘may’’ and inserting ‘‘shall’’.
H. R. 4200—52
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty
personnel end strengths for fiscal years 2005 through 2009.
Sec. 404. Exclusion of service academy permanent and career professors from a
limitation on certain officer grade strengths.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of Reserve personnel authorized to be on active duty
for operational support.
Sec. 416. Accounting and management of reserve component personnel performing
active duty or full-time National Guard duty for operational support.
Subtitle C—Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for active duty personnel as of September 30, 2005, as follows:
(1) The Army, 502,400.
(2) The Navy, 365,900.
(3) The Marine Corps, 178,000.
(4) The Air Force, 359,700.
(b) LIMITATION.—(1) The authorized strength for the Army pro-
vided in paragraph (1) of subsection (a) for active duty personnel
for fiscal year 2005 is subject to the condition that costs of active
duty personnel of the Army for that fiscal year in excess of 482,400
shall be paid out of funds authorized to be appropriated for that
fiscal year for a contingent emergency reserve fund or as an emer-
gency supplemental appropriation.
(2) The authorized strength for the Marine Corps provided
in paragraph (3) of subsection (a) for active duty personnel for
fiscal year 2005 is subject to the condition that costs of active
duty personnel of the Marine Corps for that fiscal year in excess
of 175,000 shall be paid out of funds authorized to be appropriated
for that fiscal year for a contingent emergency reserve fund or
as an emergency supplemental appropriation.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the following:
‘‘(1) For the Army, 502,400.
‘‘(2) For the Navy, 365,900.
‘‘(3) For the Marine Corps, 178,000.
‘‘(4) For the Air Force, 359,700.’’.
H. R. 4200—53
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE
DUTY PERSONNEL END STRENGTHS FOR FISCAL YEARS
2005 THROUGH 2009.
(a) AUTHORITY.—During fiscal years 2005 through 2009, the
Secretary of Defense is authorized to increase by up to 30,000
the end strength authorized for the Army, and by up to 9,000
the end strength authorized for the Marine Corps, above the levels
authorized for those services in the National Defense Authorization
Act for Fiscal Year 2004, as necessary—
(1) to support the operational mission of the Army
and Marine Corps in Iraq and Afghanistan; and
(2) with respect to end strengths for the Army, to
achieve transformational reorganization objectives of the
Army, including objectives for increased numbers of combat
brigades, unit manning, force stabilization and shaping,
and rebalancing of the active and reserve component forces
of the Army.
(b) RELATIONSHIP
TO
PRESIDENTIAL
WAIVER
AUTHORITY.—
Nothing in this section shall be construed to limit the President’s
authority under section 123a of title 10, United States Code, to
waive any statutory end strength in a time of war or national
emergency.
(c) RELATIONSHIP
TO
OTHER
VARIANCE
AUTHORITY.—The
authority under subsection (a) is in addition to the authority to
vary authorized end strengths that is provided in subsections (e)
and (f) of section 115 of title 10, United States Code.
(d) BUDGET TREATMENT.—(1) If the Secretary of Defense plans
to increase the Army or Marine Corps active duty end strength
for a fiscal year under subsection (a) of this section or pursuant
to a suspension of end-strength limitation under section 123a of
title 10, United States Code, then the budget for the Department
of Defense for such fiscal year as submitted to Congress shall
specify the amounts necessary for funding the active duty end
strength of the Army in excess of 482,400 and the Marine Corps
in excess of 175,000 (the end strengths authorized for active duty
personnel of the Army and Marine Corps, respectively, for fiscal
year 2004 in paragraphs (1) and (3) of section 401 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108–
136; 117 Stat. 1450)).
(2) If the amount proposed for the Department of Defense
for fiscal year 2006 within budget function 050 (National Defense)
includes amounts necessary for funding an active duty end strength
of the Army in excess of 482,400, or an active duty end strength
of the Marine Corps in excess of 175,000, for that fiscal year,
the specification of amounts necessary for funding such end strength
(as required under paragraph (1)) shall include the following addi-
tional information:
(A) A display of the following amounts:
(i) The amount that is to be funded out of the amounts
proposed for the Department of Defense within budget
function 050 (National Defense) other than out of amounts
for the Army and Marine Corps.
(ii) The amount that is to be funded out of the amounts
proposed for the Army and Marine Corps within budget
function 050 (National Defense).
H. R. 4200—54
(iii) The estimated amounts that are to be funded
out of emergency reserve funds and supplemental appro-
priations for fiscal year 2006.
(B) A detailed justification for reliance on each funding
source described in subparagraph (A).
(C) A detailed discussion of which programs and plans
of the Army and Marine Corps funded in the proposed budget
for fiscal year 2006 must be modified if the funding sources
relied on, as presented under subparagraph (A), must be
changed.
(D) The projected Army and Marine Corps active duty
end strengths for each of fiscal years 2006 through 2010,
together with a detailed enumeration of the component costs
of the projected end strengths for each such fiscal year.
SEC. 404. EXCLUSION OF SERVICE ACADEMY PERMANENT AND CAREER
PROFESSORS FROM A LIMITATION ON CERTAIN OFFICER
GRADE STRENGTHS.
Section 523(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(8) Permanent professors of the United States Military
Academy and the United States Air Force Academy and profes-
sors of the United States Naval Academy who are career mili-
tary professors (as defined in regulations prescribed by the
Secretary of the Navy), but not to exceed 50 from any such
academy.’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2005, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 83,400.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 76,100.
(7) The Coast Guard Reserve, 10,000.
(b) ADJUSTMENTS.—The end strengths prescribed by subsection
(a) for the Selected Reserve of any reserve component shall be
proportionately reduced by—
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength prescribed
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be increased proportionately by the total authorized
H. R. 4200—55
strengths of such units and by the total number of such individual
members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2005, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 26,602.
(2) The Army Reserve, 14,970.
(3) The Naval Reserve, 14,152.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,253.
(6) The Air Force Reserve, 1,900.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status)
as of the last day of fiscal year 2005 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army Reserve, 7,299.
(2) For the Army National Guard of the United States,
25,076.
(3) For the Air Force Reserve, 9,954.
(4) For the Air National Guard of the United States, 22,956.
SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
(a) LIMITATIONS.—(1) Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-
dual status technicians employed by the National Guard as of
September 30, 2005, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by
the Army Reserve as of September 30, 2005, may not exceed 795.
(3) The number of non-dual status technicians employed by
the Air Force Reserve as of September 30, 2005, may not exceed
90.
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section,
the term ‘‘non-dual status technician’’ has the meaning given that
term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2005, the maximum number of members
of the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 10,300.
(2) The Army Reserve, 5,000.
(3) The Naval Reserve, 6,200.
(4) The Marine Corps Reserve, 2,500.
H. R. 4200—56
(5) The Air National Guard of the United States, 10,100.
(6) The Air Force Reserve, 3,600.
SEC. 416. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT
PERSONNEL PERFORMING ACTIVE DUTY OR FULL-TIME
NATIONAL GUARD DUTY FOR OPERATIONAL SUPPORT.
(a) STRENGTH AUTHORIZATIONS.—Section 115 of title 10, United
States Code, is amended—
(1) in subsection (a)(1)(A), by inserting ‘‘unless on active
duty pursuant to subsection (b)’’ after ‘‘active-duty personnel’’;
(2) in subsection (a)(1)(B), by inserting ‘‘unless on active
duty or full-time National Guard duty pursuant to subsection
(b)’’ after ‘‘reserve personnel’’;
(3) by redesignating subsections (b), (c), (d), (e), (f), (g)
and (h) as subsections (c), (d), (e), (f), (g), (h) and (i), respec-
tively; and
(4) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE AUTHORIZED
BY LAW.—(1) Congress shall annually authorize the maximum
number of members of a reserve component permitted to be on
active duty or full-time National Guard duty at any given time
who are called or ordered to—
‘‘(A) active duty under section 12301(d) of this title for
the purpose of providing operational support, as prescribed
in regulation issued by the Secretary of Defense;
‘‘(B) full-time National Guard duty under section 502(f)(2)
of title 32 for the purpose of providing operational support
when authorized by the Secretary of Defense;
‘‘(C) active duty under section 12301(d) of this title or
full-time National Guard duty under section 502(f)(2) of title
32 for the purpose of preparing for and performing funeral
honors functions for funerals of veterans under section 1491
of this title;
‘‘(D) active duty or retained on active duty under sections
12301(g) of this title while in a captive status; or
‘‘(E) active duty or retained on active duty under 12301(h)
or 12322 of this title for the purpose of medical evaluation
or treatment.
‘‘(2) A member of a reserve component who exceeds either
of the following limits shall be included in the strength authorized
under subparagraph (A) or subparagraph (B), as appropriate, of
subsection (a)(1):
‘‘(A) A call or order to active duty or full-time National
Guard duty that specifies a period greater than three years.
‘‘(B) The cumulative periods of active duty and full-time
National Guard duty performed by the member exceed 1095
days in the previous 1460 days.
‘‘(3) In determining the period of active service under paragraph
(2), the following periods of active service performed by a member
shall not be included:
‘‘(A) All periods of active duty performed by a member
who has not previously served in the Selected Reserve of the
Ready Reserve.
‘‘(B) All periods of active duty or full-time National Guard
duty for which the member is exempt from strength accounting
under paragraphs (1) through (8) of subsection (i).’’.
H. R. 4200—57
(b) LIMITATION ON APPROPRIATIONS.—Subsection (c) of such sec-
tion (as redesignated by subsection (a)(3)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘; or’’; and
(3) by inserting after paragraph (2) the following new para-
graph:
‘‘(3) the use of reserve component personnel to perform
active duty or full-time National Guard duty under subsection
(b) unless the strength for such personnel for that reserve
component for that fiscal year has been authorized by law.’’.
(c) AUTHORITY FOR SECRETARY OF DEFENSE VARIANCES IN MAX-
IMUM STRENGTHS.—Subsection (f) of such section (as redesignated
by subsection (a)(3)) is amended—
(1) by striking ‘‘END’’ in the heading;
(2) by striking ‘‘and’’ at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(4) by adding at the end the following new paragraph:
‘‘(4) increase the maximum strength authorized pursuant
to subsection (b)(1) for a fiscal year for certain reserves on
active duty for any of the reserve components by a number
equal to not more than 10 percent of that strength.’’.
(d) CONFORMING AMENDMENTS TO SECTION 115.—Such section
is further amended as follows:
(1) Subsection (e) (as redesignated by subsection (a)(3))
is amended—
(A) in paragraph (1), by striking ‘‘subsection (a) or
(c)’’ and inserting ‘‘subsection (a) or (d)’’; and
(B) in paragraph (2)—
(i) by striking ‘‘subsections (a) and (c)’’; and
inserting ‘‘subsections (a) and (d)’’; and
(ii) by striking ‘‘pursuant to subsection (e)) and
subsection (c)’’ and inserting ‘‘pursuant to subsection
(f)) and subsection (d)’’ each place it appears.
(2) Subsection (g) (as redesignated by subsection (a)(3))
is amended by striking ‘‘subsection (e)(1)’’ in paragraph (2)
and inserting ‘‘subsection (f)(1)’’.
(3) Subsection (i) (as redesignated by subsection (a)(3))
is amended to read as follows:
‘‘(i) CERTAIN
PERSONNEL
EXCLUDED
FROM
COUNTING
FOR
ACTIVE-DUTY END STRENGTHS.—In counting personnel for the pur-
pose of the end strengths authorized pursuant to subsection (a)(1),
persons in the following categories shall be excluded:
‘‘(1) Members of a reserve component ordered to active
duty under section 12301(a) of this title.
‘‘(2) Members of a reserve component in an active status
ordered to active duty under section 12301(b) of this title.
‘‘(3) Members of the Ready Reserve ordered to active duty
under section 12302 of this title.
‘‘(4) Members of the Selected Reserve of the Ready Reserve
or members of the Individual Ready Reserve mobilization cat-
egory described in section 10144(b) of this title ordered to
active duty under section 12304 of this title.
‘‘(5) Members of the National Guard called into Federal
service under section 12406 of this title.
H. R. 4200—58
‘‘(6) Members of the militia called into Federal service
under chapter 15 of this title.
‘‘(7) Members of the National Guard on full-time National
Guard duty under section 502(f)(1) of title 32.
‘‘(8) Members of reserve components on active duty for
training or full-time National Guard duty for training.
‘‘(9) Members of the Selected Reserve of the Ready Reserve
on active duty to support programs described in section 1203(b)
of the Cooperative Threat Reduction Act of 1993 (22 U.S.C.
5952(b)).
‘‘(10) Members of the National Guard on active duty or
full-time National Guard duty for the purpose of carrying out
drug interdiction and counter-drug activities under section 112
of title 32.
‘‘(11) Members of a reserve component on active duty under
section 10(b)(2) of the Military Selective Service Act (50 U.S.C.
App. 460(b)(2)) for the administration of the Selective Service
System.
‘‘(12) Members of the National Guard on full-time National
Guard duty for the purpose of providing command, administra-
tive, training, or support services for the National Guard Chal-
lenge Program authorized by section 509 of title 32.’’.
(e) MILITARY TO MILITARY CONTACT STRENGTH ACCOUNTING.—
Subsection (f) of section 168 of such title is amended to read
as follows:
‘‘(f) ACTIVE DUTY END STRENGTHS.—A member of a reserve
component who is engaged in activities authorized under this sec-
tion shall not be counted for purposes of the following personnel
strength limitations:
‘‘(1) The end strength for active-duty personnel authorized
pursuant to section 115(a)(1) of this title for the fiscal year
in which the member carries out the activities referred to
under this section.
‘‘(2) The authorized daily average for members in pay
grades E–8 and E–9 under section 517 of this title for the
calendar year in which the member carries out such activities.
‘‘(3) The authorized strengths for commissioned officers
under section 523 of this title for the fiscal year in which
the member carries out such activities.’’.
(f) E–8 AND E–9 STRENGTH ACCOUNTING.—Subsection (a) of
section 517 of such title is amended by striking ‘‘(other than for
training) in connection with organizing, administering, recruiting,
instructing, or training the reserve component of an armed force.’’
and inserting ‘‘as authorized under section 115(a)(1)(B) or 115(b)
of this title, or excluded from counting for active duty end strengths
under section 115(i) of this title.’’.
(g) FIELD GRADE OFFICER STRENGTH ACCOUNTING.—(1) Para-
graph (1) of section 523(b) of such title is amended to read as
follows:
(1) Reserve officers—
‘‘(A) on active duty as authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded from
counting for active duty end strengths under section 115(i)
of this title;
‘‘(B) on active duty under section 10211, 10302 through
10305, or 12402 of this title or under section 708 of title
32; or
H. R. 4200—59
‘‘(C) on full-time National Guard duty.’’.
(2) Paragraph (7) of such section is amended by striking
‘‘Reserve or retired officers’’ and inserting ‘‘Retired officers’’.
(h) ACTIVE
GUARD
AND
RESERVE
FIELD
GRADE
OFFICER
STRENGTH ACCOUNTING.—Paragraph (2) of section 12011(e) of such
title is amended to read as follows:
‘‘(2) Full-time National Guard duty (other than for training)
under section 502(f) of title 32, except for duty under section
115(b)(1)(B) and (C) of this title and section 115(i)(9) of this
title.’’.
(i) WARRANT OFFICER ACTIVE-DUTY LIST EXCLUSION.—Para-
graph (1) of section 582 of such title is amended to read as follows:
‘‘(1) Reserve warrant officers—
‘‘(A) on active duty as authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded from
counting for active duty end strengths under section 115(i)
of this title; or
‘‘(B) on full-time National Guard duty.’’.
(j) OFFICER ACTIVE-DUTY LIST, APPLICABILITY OF CHAPTER.—
Paragraph (1) of section 641 of such title is amended to read
as follows:
‘‘(1) Reserve officers—
‘‘(A) 
on 
active 
duty 
authorized 
under 
section
115(a)(1)(B) or 115(b)(1) of this title, or excluded from
counting for active duty end strengths under section 115(i)
of this title;
‘‘(B) on active duty under section 3038, 5143, 5144,
8038, 10211, 10301 through 10305, 10502, 10505, 10506(a),
10506(b), 10507, or 12402 of this title or section 708 of
title 32; or
‘‘(C) on full-time National Guard duty.’’.
(k) STRENGTH ACCOUNTING FOR MEMBERS PERFORMING DRUG
INTERDICTION AND COUNTER-DRUG ACTIVITIES.—Section 112 of title
32, United States Code, is amended—
(1) by striking subsection (e);
(2) by redesignating subsections (f), (g), (h) and (i) as sub-
sections (e), (f), (g) and (h) respectively; and
(3) in paragraph (1) of subsection (e), as redesignated by
paragraph (2), by striking ‘‘for a period of more than 180
days’’ each place it appears.
(l) REPORT.—Not later than June 1, 2005, the Secretary of
Defense shall report to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives the Secretary’s recommendations regarding the
exemptions provided in paragraphs (8) through (11) by section
115(i) of title 10, United States Code, as amended by this section.
The recommendations shall address the manner in personnel cov-
ered by those exemptions shall be accounted for in authorizations
provided by section 115 of such title. The objective of the analysis
should be to terminate the need for such exemptions after Sep-
tember 30, 2006.
(m) REGULATIONS.—The Secretary of Defense shall prescribe
by regulation the meaning of the term ‘‘operational support’’ for
purposes of paragraph (1) of subsection (b) of section 115 of title
10, United States Code, as added by subsection (a).
H. R. 4200—60
Subtitle C—Authorizations of
Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 2005 a total
of $106,542,982,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2005.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
2005 from the Armed Forces Retirement Home Trust Fund the
sum of $61,195,000 for the operation of the Armed Forces Retire-
ment Home.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Transition of active-duty list officer force to a force of all regular officers.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs of Naval
Operations be selected from officers in the line of the Navy.
Sec. 503. Limitation on number of officers frocked to major general and rear admi-
ral.
Sec. 504. Distribution in grade of Marine Corps reserve officers in an active status
in grades below brigadier general
Sec. 505. Authority for Federal recognition of National Guard commissioned officers
appointed from former Coast Guard personnel.
Sec. 506. Study regarding promotion eligibility of retired officers recalled to active
duty.
Sec. 507. Succession for office of Chief, National Guard Bureau.
Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as Director of
the Joint Staff of the National Guard Bureau.
Subtitle B—Reserve Component Policy Matters
Sec. 511. Modification of stated purpose of the reserve components.
Sec. 512. Homeland defense activities conducted by the National Guard under au-
thority of title 32.
Sec. 513. Commission on the National Guard and Reserves.
Sec. 514. Repeal of exclusion of active duty for training from authority to order Re-
serves to active duty.
Sec. 515. Army program for assignment of active component advisers to units of the
Selected Reserve.
Sec. 516. Authority to accept certain voluntary services.
Sec. 517. Authority to redesignate the Naval Reserve as the Navy Reserve.
Sec. 518. Comptroller General assessment of integration of active and reserve com-
ponents of the Navy.
Sec. 519. Limitation on number of Starbase academies in a State.
Sec. 520. Recognition items for certain reserve component personnel.
Subtitle C—Reserve Component Personnel Matters
Sec. 521. Status under disability retirement system for reserve members released
from active duty due to inability to perform within 30 days of call to ac-
tive duty.
Sec. 522. Requirement for retention of Reserves on active duty to qualify for retired
pay not applicable to nonregular service retirement system.
Sec. 523. Federal civil service military leave for Reserve and National Guard civil-
ian technicians.
Sec. 524. Expanded educational assistance authority for officers commissioned
through ROTC program at military junior colleges.
Sec. 525. Repeal of sunset provision for financial assistance program for students
not eligible for advanced training.
H. R. 4200—61
Sec. 526. Effect of appointment or commission as officer on eligibility for Selected
Reserve education loan repayment program for enlisted members.
Sec. 527. Educational assistance for certain reserve component members who per-
form active service.
Sec. 528. Sense of Congress on guidance concerning treatment of employer-provided
compensation and other benefits voluntarily provided to employees who
are activated Reservists.
Subtitle D—Joint Officer Management and Professional Military Education
Sec. 531. Strategic plan to link joint officer development to overall missions and
goals of Department of Defense.
Sec. 532. Improvement to professional military education in the Department of De-
fense.
Sec. 533. Joint requirements for promotion to flag or general officer grade.
Sec. 534. Clarification of tours of duty qualifying as a joint duty assignment.
Sec. 535. Two-year extension of temporary standard for promotion policy objectives
for joint officers.
Sec. 536. Two-year extension of authority to waive requirement that Reserve Chiefs
and National Guard Directors have significant joint duty experience.
Subtitle E—Military Service Academies
Sec. 541. Revision to conditions on service of officers as service academy super-
intendents.
Sec. 542. Academic qualifications of the dean of the faculty of United States Air
Force Academy.
Sec. 543. Board of Visitors of United States Air Force Academy.
Sec. 544. Appropriated funds for service academy athletic and recreational extra-
curricular programs to be treated in same manner as for military mo-
rale, welfare, and recreation programs.
Sec. 545. Codification of prohibition on imposition of certain charges and fees at the
service academies.
Subtitle F—Other Education and Training Matters
Sec. 551. College First delayed enlistment program.
Sec. 552. Senior Reserve Officers’ Training Corps and recruiter access at institu-
tions of higher education.
Sec. 553. Tuition assistance for officers.
Sec. 554. Increased maximum period for leave of absence for pursuit of a program
of education in a health care profession.
Sec. 555. Eligibility of cadets and midshipmen for medical and dental care and dis-
ability benefits.
Sec. 556. Transfer of authority to confer degrees upon graduates of the Community
College of the Air Force.
Sec. 557. Change in titles of leadership positions at the Naval Postgraduate School.
Subtitle G—Assistance to Local Educational Agencies for Defense
Dependents Education
Sec. 558. Continuation of impact aid assistance on behalf of dependents of certain
members despite change in status of member.
Sec. 559. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 560. Impact aid for children with severe disabilities.
Subtitle H—Medals and Decorations and Special Promotions and
Appointments
Sec. 561. Award of medal of honor to individual interred in the Tomb of the Un-
knowns as representative of casualties of a war.
Sec. 562. Plan for revised criteria and eligibility requirements for award of Combat
Infantryman Badge and Combat Medical Badge for service in Korea
after July 28, 1953.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, United States
Air Force (retired), to the grade of major general on the retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of major general
in the Army.
Subtitle I—Military Voting
Sec. 566. Federal write-in ballots for absentee military voters located in the United
States.
Sec. 567. Repeal of requirement to conduct electronic voting demonstration project
for the Federal election to be held in November 2004.
H. R. 4200—62
Sec. 568. Reports on operation of Federal voting assistance program and military
postal system.
Subtitle J—Military Justice Matters
Sec. 571. Review on how sexual offenses are covered by Uniform Code of Military
Justice.
Sec. 572. Waiver of recoupment of time lost for confinement in connection with a
trial.
Sec. 573. Processing of forensic evidence collection kits and acquisition of sufficient
stocks of such kits.
Sec. 574. Authorities of the Judge Advocates General.
Subtitle K—Sexual Assault in the Armed Forces
Sec. 576. Examination of sexual assault in the Armed Forces by the Defense Task
Force established to examine sexual harassment and violence at the
military service academies.
Sec. 577. Department of Defense policy and procedures on prevention and response
to sexual assaults involving members of the Armed Forces.
Subtitle L—Management and Administrative Matters
Sec. 581. Three-year extension of limitation on reductions of personnel of agencies
responsible for review and correction of military records.
Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office (DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 75 and older.
Sec. 584. Authority to provide civilian clothing to members traveling in connection
with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles, credits, and tick-
ets to facilitate rest and recuperation travel of deployed members of the
Armed Forces and their families.
Sec. 586. Annual report identifying reasons for discharges from the Armed Forces
during preceding fiscal year.
Sec. 587. Study of blended wing concept for the Air Force.
Sec. 588. Sense of Congress regarding return of members to active duty service
upon rehabilitation from service-related injuries.
Subtitle M—Other Matters
Sec. 591. Protection of Armed Forces personnel from retaliatory actions for commu-
nications made through the chain of command.
Sec. 592. Implementation plan for accession of persons with specialized skills.
Sec. 593. Enhanced screening methods and process improvements for recruitment
of home schooled and National Guard Challenge program GED recipi-
ents.
Sec. 594. Redesignation of National Guard Challenge Program as National Guard
Youth Challenge Program.
Sec. 595. Reports on certain milestones relating to Department of Defense trans-
formation.
Sec. 596. Report on issues relating to removal of remains of persons interred in
United States military cemeteries overseas.
Sec. 597. Comptroller General reports on closure of Department of Defense depend-
ent elementary and secondary schools and commissary stores.
Sec. 598. Comptroller General report on transition assistance programs for mem-
bers separating from the Armed Forces.
Sec. 599. Study on coordination of job training standards with certification stand-
ards for military occupational specialties.
Subtitle A—Officer Personnel Policy
SEC. 501. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO A
FORCE OF ALL REGULAR OFFICERS.
(a) ORIGINAL APPOINTMENTS AS COMMISSIONED OFFICERS.—(1)
Section 532 of title 10, United States Code, is amended by striking
subsection (e).
(2) Subsection (a)(2) of such section is amended by striking
‘‘fifty-fifth birthday’’ and inserting ‘‘sixty-second birthday’’.
(3)(A) Such section is further amended by adding at the end
the following new subsection:
H. R. 4200—63
‘‘(f) The Secretary of Defense may waive the requirement of
paragraph (1) of subsection (a) with respect to a person who has
been lawfully admitted to the United States for permanent residence
when the Secretary determines that the national security so
requires, but only for an original appointment in a grade below
the grade of major or lieutenant commander.’’.
(B) Section 619(d) of such title is amended by adding at the
end the following new paragraph:
‘‘(5) An officer in the grade of captain or, in the case
of the Navy, lieutenant who is not a citizen of the United
States.’’.
(4) Section 531(a) of such title is amended to read as follows:
‘‘(a)(1) Original appointments in the grades of second lieutenant,
first lieutenant, and captain in the Regular Army, Regular Air
Force, and Regular Marine Corps and in the grades of ensign,
lieutenant (junior grade), and lieutenant in the Regular Navy shall
be made by the President alone.
‘‘(2) Original appointments in the grades of major, lieutenant
colonel, and colonel in the Regular Army, Regular Air Force, and
Regular Marine Corps and in the grades of lieutenant commander,
commander, and captain in the Regular Navy shall be made by
the President, by and with the advice and consent of the Senate.’’.
(b) REPEAL OF TOTAL STRENGTH LIMITATIONS FOR ACTIVE-DUTY
REGULAR COMMISSIONED OFFICERS.—(1) Section 522 of such title
is repealed.
(2) The table of sections at the beginning of chapter 32 of
such title is amended by striking the item relating to section 522.
(c) FORCE SHAPING AUTHORITY.—(1)(A) Subchapter V of chapter
36 of such title is amended by adding at the end the following
new section:
‘‘§ 647. Force shaping authority
‘‘(a) AUTHORITY.—The Secretary concerned may, solely for the
purpose of restructuring an armed force under the jurisdiction
of that Secretary—
‘‘(1) discharge an officer described in subsection (b); or
‘‘(2) transfer such an officer from the active-duty list of
that armed force to the reserve active-status list of a reserve
component of that armed force.
‘‘(b) COVERED OFFICERS.—(1) The authority under this section
may be exercised in the case of an officer who—
‘‘(A) has completed not more than 5 years of service as
a commissioned officer in the armed forces; or
‘‘(B) has completed more than 5 years of service as a
commissioned officer in the armed forces, but has not completed
a minimum service obligation applicable to that member.
‘‘(2) In this subsection, the term ‘minimum service obligation’
means the initial period of required active duty service together
with any additional period of required active duty service incurred
during the initial period of required active duty service.
‘‘(c) APPOINTMENT OF TRANSFERRED OFFICERS.—An officer of
the Regular Army, Regular Air Force, Regular Navy, or Regular
Marine Corps who is transferred to a reserve active-status list
under this section shall be discharged from the regular component
concerned and appointed as a reserve commissioned officer under
section 12203 of this title.
H. R. 4200—64
‘‘(d) REGULATIONS.—The Secretary concerned shall prescribe
regulations for the exercise of the Secretary’s authority under this
section.’’.
(B) The table of sections at the beginning of such subchapter
is amended by adding at the end the following new item:
‘‘647. Force shaping authority.’’.
(2) Section 1174(e)(2)(B) of such title is amended by inserting
after ‘‘obligated service’’ the following: ‘‘, unless the member is
an officer discharged or released under the authority of section
647 of this title’’.
(3) Section 12201(a) of such title is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(B) in the first sentence, by inserting ‘‘, except as provided
in paragraph (2),’’ after ‘‘the armed force concerned and’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) An officer transferred from the active-duty list of an armed
force to a reserve active-status list of an armed force under section
647 of this title is not required to subscribe to the oath referred
to in paragraph (1) in order to qualify for an appointment under
that paragraph.’’.
(4) Section 12203 of such title is amended—
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
‘‘(b) Subject to the authority, direction, and control of the Presi-
dent, the Secretary concerned may appoint as a reserve commis-
sioned officer any regular officer transferred from the active-duty
list of an armed force to the reserve active-status list of a reserve
component under section 647 of this title, notwithstanding the
requirements of subsection (a).’’.
(5) Section 531 of such title is amended by adding at the
end the following new subsection:
‘‘(c) Subject to the authority, direction, and control of the Presi-
dent, an original appointment as a commissioned officer in the
Regular Army, Regular Air Force, Regular Navy, or Regular Marine
Corps may be made by the Secretary concerned in the case of
a reserve commissioned officer upon the transfer of such officer
from the reserve active-status list of a reserve component of the
armed forces to the active-duty list of an armed force, notwith-
standing the requirements of subsection (a).’’.
(d) ACTIVE-DUTY READY RESERVE OFFICERS NOT ON ACTIVE-
DUTY LIST.—Section 641(1)(F) of such title is amended by striking
‘‘section 12304’’ and inserting ‘‘sections 12302 and 12304’’.
(e) ALL REGULAR OFFICER APPOINTMENTS FOR STUDENTS OF
THE UNIVERSITY OF HEALTH SCIENCES.—Section 2114(b) of such
title is amended by striking ‘‘Notwithstanding any other provision
of law, they shall serve’’ in the second sentence and all that follows
through ‘‘if qualified,’’ in the third sentence and inserting ‘‘They
shall be appointed as regular officers in the grade of second lieuten-
ant or ensign and shall serve on active duty in that grade. Upon
graduation they shall be required to serve on active duty’’.
(f) TERMINATION OF REQUIREMENT OF 6 YEARS SERVICE IN A
RESERVE
COMPONENT
FOR
NONREGULAR
SERVICE
RETIREMENT
ELIGIBILITY.—Section 12731(a)(3) of such title is amended by
inserting after ‘‘(3)’’ the following: ‘‘in the case of a person who
completed the service requirements of paragraph (2) before the
H. R. 4200—65
end of the 180-day period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2005,’’.
(g) EFFECTIVE DATE.—(1) Except as provided in paragraph (2),
the amendments made by this section shall take effect on the
first day of the first month beginning more than 180 days after
the date of the enactment of this Act.
(2) The amendment made by subsection (a)(1) shall take effect
on May 1, 2005.
SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS AND
ASSISTANT 
CHIEFS 
OF 
NAVAL 
OPERATIONS 
BE
SELECTED FROM OFFICERS IN THE LINE OF THE NAVY.
(a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Section 5036(a)
of title 10, United States Code, is amended by striking ‘‘in the
line’’.
(b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—Section 5037(a)
of such title is amended by striking ‘‘in the line’’.
SEC. 503. LIMITATION ON NUMBER OF OFFICERS FROCKED TO MAJOR
GENERAL AND REAR ADMIRAL.
Section 777(d) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by striking ‘‘(d) LIMITATION ON NUMBER OF OFFICERS
FROCKED TO SPECIFIED GRADES.—’’ and inserting the following:
‘‘(d) LIMITATION ON NUMBER OF OFFICERS FROCKED TO SPECI-
FIED GRADES.—(1) The total number of brigadier generals and Navy
rear admirals (lower half) on the active-duty list who are authorized
as described in subsection (a) to wear the insignia for the grade
of major general or rear admiral, as the case may be, may not
exceed 30.’’.
SEC. 504. DISTRIBUTION IN GRADE OF MARINE CORPS RESERVE OFFI-
CERS IN AN ACTIVE STATUS IN GRADES BELOW BRIGA-
DIER GENERAL.
The table in section 12005(c)(1) of title 10, United States Code,
is amended to read as follows:
‘‘Colonel ...................................................................................................
2 percent
Lieutenant colonel .................................................................................
8 percent
Major .......................................................................................................
16 percent
Captain ...................................................................................................
39 percent
First lieutenant and second lieutenant (when combined with the
number authorized for general officer grades under section 12004
of this title) .........................................................................................
35 percent.’’.
SEC. 505. AUTHORITY FOR FEDERAL RECOGNITION OF NATIONAL
GUARD COMMISSIONED OFFICERS APPOINTED FROM
FORMER COAST GUARD PERSONNEL.
Section 305(a) of title 32, United States Code, is amended—
(1) by striking ‘‘Army, Navy, Air Force, or Marine Corps’’
in paragraphs (2), (3), and (4) and inserting ‘‘armed forces’’;
and
(2) by striking ‘‘or the United States Air Force Academy’’
in paragraph (5) and inserting ‘‘the United States Air Force
Academy, or the United States Coast Guard Academy’’.
H. R. 4200—66
SEC. 506. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED
OFFICERS RECALLED TO ACTIVE DUTY.
(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall
carry out a study to determine whether it would be equitable
for retired officers on active duty, but not on the active-duty list
by reason of section 582(2) or 641(4) of title 10, United States
Code, to be eligible for consideration for promotion under chapter
33A of such title, in the case of warrant officers, or chapter 36
of such title, in the case of officers other than warrant officers.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study under subsection (a). The
report shall include a discussion of the Secretary’s determination
regarding the issue covered by the study, the rationale for the
Secretary’s determination, and any recommended legislation that
the Secretary considers appropriate regarding that issue.
SEC. 507. SUCCESSION FOR OFFICE OF CHIEF, NATIONAL GUARD
BUREAU.
(a) DESIGNATION
OF SENIOR OFFICER
IN NATIONAL GUARD
BUREAU.—Section 10502 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(e) SUCCESSION.—(1) Unless otherwise directed by the Presi-
dent or the Secretary of Defense, the senior of the two officers
specified in paragraph (2) shall serve as the acting Chief of the
National Guard Bureau during any period that—
‘‘(A) there is a vacancy in the position of Chief of the
National Guard Bureau; or
‘‘(B) the Chief is unable to perform the duties of that
office.
‘‘(2) The officers specified in this paragraph are the following:
‘‘(A) The senior officer of the Army National Guard of
the United States on duty with the National Guard Bureau.
‘‘(B) The senior officer of the Air National Guard of the
United States on duty with the National Guard Bureau.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 10502. Chief of the National Guard Bureau: appointment;
adviser on National Guard matters; grade;
succession’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 1011 of such title is amended to read
as follows:
‘‘10502. Chief of the National Guard Bureau: appointment; adviser on National
Guard matters; grade; succession.’’.
(c) CONFORMING REPEAL.—Subsections (d) and (e) of section
10505 of such title are repealed.
SEC. 508. REDESIGNATION OF VICE CHIEF OF THE NATIONAL GUARD
BUREAU AS DIRECTOR OF THE JOINT STAFF OF THE
NATIONAL GUARD BUREAU.
(a) REDESIGNATION OF POSITION.—Subsection (a)(1) of section
10505 of title 10, United States Code, is amended by striking
‘‘Vice Chief of the National Guard Bureau’’ and inserting ‘‘Director
of the Joint Staff of the National Guard Bureau’’.
H. R. 4200—67
(b) CONFORMING
AMENDMENTS.—(1) Subsections (a)(3)(A),
(a)(3)(B), (b), and (c) of section 10505 of title 10, United States
Code, are amended by striking ‘‘Vice Chief of the National Guard
Bureau’’ and inserting ‘‘Director of the Joint Staff of the National
Guard Bureau’’.
(2) Subsection (a)(3)(B) of such section, as amended by para-
graph (1), is further amended by striking ‘‘as the Vice Chief’’ and
inserting ‘‘as the Director’’.
(3) Paragraphs (2) and (4) of subsection (a) of such section
are amended by striking ‘‘Chief and Vice Chief of the National
Guard Bureau’’ and inserting ‘‘Chief of the National Guard Bureau
and the Director of the Joint Staff of the National Guard Bureau’’.
(4) Section 10506(a)(1) of such title is amended by striking
‘‘Chief and Vice Chief of the National Guard Bureau’’ and inserting
‘‘Chief of the National Guard Bureau and the Director of the Joint
Staff of the National Guard Bureau’’.
(c) CLERICAL AMENDMENTS.—(1) The heading for section 10505
of such title is amended to read as follows:
‘‘§ 10505. Director of the Joint Staff of the National Guard
Bureau’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 1011 of such title is amended to read
as follows:
‘‘10505. Director of the Joint Staff of the National Guard Bureau.’’.
(d) OTHER REFERENCES.—Any reference in any law, regulation,
document, paper, or other record of the United States to the Vice
Chief of the National Guard Bureau shall be deemed to be a
reference to the Director of the Joint Staff of the National Guard
Bureau.
Subtitle B—Reserve Component Policy
Matters
SEC. 511. MODIFICATION OF STATED PURPOSE OF THE RESERVE
COMPONENTS.
Section 10102 of title 10, United States Code, is amended
by striking ‘‘, during’’ and all that follows through ‘‘planned
mobilization,’’.
SEC. 512. HOMELAND DEFENSE ACTIVITIES CONDUCTED BY THE
NATIONAL GUARD UNDER AUTHORITY OF TITLE 32.
(a) IN GENERAL.—(1) Title 32, United States Code, is amended
by adding at the end the following new chapter:
‘‘CHAPTER 9—HOMELAND DEFENSE ACTIVITIES
‘‘Sec.
‘‘901. Definitions.
‘‘902. Homeland defense activities: funds.
‘‘903. Regulations.
‘‘904. Homeland defense duty.
‘‘905. Funding assistance.
‘‘906. Requests for funding assistance.
‘‘907. Relationship to State duty.
‘‘908. Annual report.