Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2005’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Au-
thorizations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy Na-
tional Security Authorizations and Other Authoriza-
tions.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B—Program Matters
Sec. 111. Multiyear procurement authority for the light-weight 155-millimeter
howitzer program.
Sec. 112. DDG–51 modernization program.
Sec. 113. Repeal of authority for pilot program for flexible funding of cruiser
conversions and overhauls.
Sec. 114. Force protection for asymmetric threat environment.
Sec. 115. Allocation of equipment authorized by this title to be made on basis
of units deployed or preparing to deploy.
Sec. 116. Multiyear procurement authority for KC–767 tanker aircraft acquisi-
tion program.
Sec. 117. Other matters relating to KC–767 tanker aircraft acquisition pro-
gram.
Sec. 118. Additional amount for patriot missile procurement.
Sec. 119. Transfer of certain Army procurement funds.
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.
Sec. 203. Program increases.
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. Space Based Radar.
Sec. 216. Mark–54 Torpedo Product Improvement Program.
Subtitle C—Missile Defense
Sec. 221. Fielding of ballistic missile defense capabilities.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and Maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Sec. 304. Reimbursement of members of the Armed Forces who purchased pro-
tective body armor during shortage of defense stocks of body
armor.
Sec. 305. Reduction in authorization for Air Force operations and maintenance.
Sec. 306. Elimination of backlog in processing forensic evidence collection kits
and acquisition of sufficient stocks of such kits.
Subtitle B—Environmental Provisions
Sec. 311. Report regarding encroachment issues affecting Utah Test and
Training Range, Utah.
Subtitle C—Workplace and Depot Issues
Sec. 321. Simplification of annual reporting requirements concerning funds ex-
pended for depot maintenance and repair workloads.
Sec. 322. Repeal of annual reporting requirement concerning management of
depot employees.
Sec. 323. Public-private competition for work performed by civilian employees
of Department of Defense.
Sec. 324. Public-private competition pilot program.
Sec. 325. Sense of Congress on equitable legal standing for civilian employees.
Sec. 326. Competitive sourcing reporting requirement.
Subtitle D—Information Technology
Sec. 331. Preparation of Department of Defense plan for transition to Internet
Protocol version 6.
Sec. 332. Defense business enterprise architecture, system accountability, and
conditions for obligation of funds for defense business system
modernization.
Sec. 333. Establishment of joint program office to improve interoperability of
battlefield management command and control systems.
Subtitle E—Readiness Reporting Requirements
Sec. 341. Annual report on Department of Defense operation and financial sup-
port for military museums.
Sec. 342. Report on Department of Defense programs for prepositioning of ma-
terial and equipment.
Subtitle F—Other Matters
Sec. 351. Extension of Arsenal Support Program Initiative.
Sec. 352. Limitation on preparation or implementation of Mid-Range Financial
Improvement Plan.
Sec. 353. Procurement of follow-on contracts for the operation of five Cham-
pion-class T-5 tank vessels.
Sec. 354. Sense of Congress on America’s National World War I Museum.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 404. Accounting and management of reserve component personnel per-
forming active duty or full-time National Guard duty for oper-
ational support.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status technicians.
Subtitle C—Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—General and Flag Officer Matters
Sec. 501. Length of service for service chiefs.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs of
Naval Operations be selected from officers in the line of the
Navy.
Sec. 503. Increase in age limit for deferral of mandatory retirement for up to
10 senior general and flag officers.
Sec. 504. Increased flexibility for voluntary retirement for military officers.
Sec. 505. Repeal of requirement that no more than 50 percent of active duty
general and flag officers be in grades above brigadier general
and rear admiral (lower half).
Sec. 506. Revision to terms for assistants to the Chairman of the Joint Chiefs
of Staff for National Guard and Reserve matters.
Sec. 507. Succession for position of Chief, National Guard Bureau.
Sec. 508. Title of Vice Chief of the National Guard Bureau changed to Director
of the Joint Staff of the National Guard Bureau.
Sec. 509. Two-year extension of authority to waive requirement that Reserve
chiefs and National Guard Directors have significant joint duty
experience.
Sec. 510. Repeal of distribution requirements for Naval Reserve flag officers.
Subtitle B—Other Officer Personnel Policy Matters
Sec. 511. Transition of active-duty list officer force to all regular status.
Sec. 512. Mandatory retention on active duty to qualify for retirement pay.
Sec. 513. Distribution in grade of Marine Corps Reserve officers in an active
status in grades below brigadier general
Sec. 514. Tuition assistance for officers.
Subtitle C—Reserve Component Matters
Sec. 521. Revision to statutory purpose of the reserve components.
Sec. 522. Improved access to reserve component members for enhanced train-
ing.
Sec. 523. Status under disability retirement system for reserve members re-
leased from active duty due to inability to perform within 30
days of call to active duty.
Sec. 524. Federal civil service military leave for Reserve and National Guard
civilian technicians.
Sec. 525. Expanded educational assistance authority for officers commissioned
through ROTC program at military junior colleges.
Sec. 526. Effect of appointment or commission as officer on eligibility for Se-
lected Reserve education loan repayment program for enlisted
members.
Sec. 527. Number of Starbase academies in a State.
Sec. 528. Comptroller General assessment of integration of active and reserve
components of the Navy.
Sec. 529. Operational activities conducted by the National Guard under author-
ity of title 32.
Sec. 530. Army program for assignment of active component advisers to units
of the Selected Reserve.
Subtitle D—Joint Officer Management
Sec. 531. Strategic plan to link joint officer development to overall missions
and goals of Department of Defense.
Sec. 532. Joint requirements for promotion to flag or general officer grade.
Sec. 533. Clarification of tours of duty qualifying as a joint duty assignment.
Sec. 534. Reserve joint special officer qualification requirements.
Subtitle E—Professional Military Education
Sec. 541. Improvement to professional military education in the Department of
Defense.
Sec. 542. Ribbons to recognize completion of joint professional military edu-
cation.
Sec. 543. Increase in number of private-sector civilians who may be enrolled for
instruction at National Defense University.
Sec. 544. Requirement for completion of Phase I joint professional military
education before promotion to colonel or Navy captain.
Subtitle F—Other Education and Training Matters
Sec. 551. College First delayed enlistment program.
Sec. 552. Standardization of authority to confer degrees on graduates of Com-
munity College of the Air Force with authority for other
schools of Air University.
Sec. 553. Change in titles of heads of the Naval Postgraduate School.
Sec. 554. Increase from two years to three years in period for which edu-
cational leave of absence may be authorized.
Sec. 555. Correction to disparate treatment of disabilities sustained during ac-
cession training.
Sec. 556. Prayer at military service academy activities.
Sec. 557. Revision to conditions on service of officers as service academy super-
intendents.
Sec. 558. Codification of prohibition on imposition of certain charges and fees
at the service academies.
Sec. 559. Qualifications of the dean of the faculty of United States Air Force
Academy.
Sec. 560A. Board of visitors of United States Air Force Academy.
Sec. 560B. Establishment of college financial assistance program for District of
Columbia National Guard.
Subtitle G—Medals and Decorations and Special Promotions
and Appointments
Sec. 561. Separate military campaign medals to recognize service in Operation
Enduring Freedom and service in Operation Iraqi Freedom.
Sec. 562. Eligibility of all uniformed services personnel for National Defense
Service Medal.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, United
States Air Force (retired), to the grade of major general on the
retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of major
general in the Army.
Sec. 565. Requirements for award of combat infantryman badge and combat
medical badge with respect to service in Korea after July 28,
1953.
Sec. 566. Army combat recognition ribbon.
Subtitle H—Military Justice Matters
Sec. 571. Review on how sexual offenses are covered by Uniform Code of Mili-
tary Justice.
Sec. 572. Service time not lost when confined in connection with trial if con-
finement excused as unavoidable.
Sec. 573. Clarification of authority of military legal assistance counsel to pro-
vide military legal assistance without regard to licensing re-
quirements.
Subtitle I—Administrative and Management Matters
Sec. 581. Three-year extension of limitation on reductions of personnel of agen-
cies responsible for review and correction of military records.
Sec. 582. Staffing and funding for Defense Prisoner of War/Missing Personnel
office (DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 70 and older.
Sec. 584. Authority to provide civilian clothing to members traveling in connec-
tion with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles, credits, and
tickets to facilitate rest and recuperation travel of deployed
members of the Armed Forces and their families.
Sec. 586. Limitation on amendment or cancellation of Department of Defense
directive relating to reasonable access to military installations
for certain personal commercial solicitation.
Sec. 587. Annual identification of reasons for discharges from the Armed
Forces during preceding fiscal year.
Sec. 588. Authority for Federal recognition of National Guard commissioned
officers appointed from former Coast Guard personnel.
Sec. 589. Study of blended wing concept for the Air Force.
Sec. 590. Continuation of impact aid assistance on behalf of dependents of cer-
tain members despite change in status of member.
Subtitle J—Other Matters
Sec. 591. Employment preferences for spouses of certain Department of De-
fense civilian employees subject to relocation agreements.
Sec. 592. Repeal of requirement to conduct electronic voting demonstration
project for the Federal election to be held in November 2004.
Sec. 593. Examination of sexual assault in the Armed Forces by the defense
task force established to examine sexual harassment and vio-
lence at the military service academies.
Sec. 594. Renewal of pilot program for treating GED and home school diploma
recipients as high school graduates for determinations of eligi-
bility for enlistment.
Sec. 595. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces and Department of Defense ci-
vilian employees.
Sec. 596. Senior Reserve Officer Training Corps and recruiter access at institu-
tions of higher education.
Sec. 597. Reports on transformation milestones.
Sec. 598. Department of Defense policy and procedures on prevention and re-
sponse to sexual assaults involving members of the Armed
Forces.
Sec. 599. Authority for removal of remains of certain persons interred in
United States military cemeteries overseas.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Authority to provide family separation basic allowance for housing.
Sec. 603. Geographic basis for basic allowance for housing during short
changes of station for professional military education or train-
ing.
Sec. 604. Immediate lump-sum reimbursement for unusual nonrecurring ex-
penses incurred by members serving outside continental United
States.
Sec. 605. Income replacement payments for Reserves experiencing extended and
frequent mobilization for active duty service.
Sec. 606. Authority for certain members deployed in combat zones to receive
limited advances on their future basic pay.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of bonus and special pay authorities.
Sec. 612. Reduction in required service commitment to receive accession bonus
for registered nurses.
Sec. 613. Increase in maximum monthly rate authorized for hardship duty pay.
Sec. 614. Termination of assignment incentive pay for members placed on ter-
minal leave.
Sec. 615. Consolidation of reenlistment and enlistment bonus authorities for
regular and reserve components.
Sec. 616. Revision of authority to provide foreign language proficiency pay.
Sec. 617. Eligibility of reserve component members for critical skills retention
bonus and expansion of authority to provide bonus.
Sec. 618. Eligibility of new reserve component officers for accession or affili-
ation bonus for officers in critical skills.
Sec. 619. Eligibility of reserve component members for incentive bonus for con-
version to military occupational specialty to ease personnel
shortage.
Sec. 620. Availability of hazardous duty incentive pay for military firefighters.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Expansion of travel and transportation allowances to assist survivors
of a deceased member to attend burial ceremony of the mem-
ber.
Sec. 632. Transportation of family members incident to the serious illness or
injury of members of the uniformed services.
Sec. 633. Reimbursement of members for certain lodging costs incurred in con-
nection with student dependent travel.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 641. Computation of benefits under Survivor Benefit Plan for surviving
spouses over age 62.
Sec. 642. Open enrollment period for Survivor Benefit Plan commencing Octo-
ber 1, 2005.
Sec. 643. Source of funds for Survivor Benefit Plan annuities for Department
of Defense beneficiaries over age 62.
Subtitle E—Commissary and Nonappropriated Fund
Instrumentality Benefits
Sec. 651. Consolidation and reorganization of legislative provisions regarding
defense commissary system and exchanges and other morale,
welfare, and recreation activities.
Sec. 652. Consistent State treatment of Department of Defense Non-
appropriated Fund Health Benefits Program.
Sec. 653. Cooperation and assistance for qualified scouting organizations serv-
ing dependents of members of the Armed Forces and civilian
employees overseas.
Subtitle F—Other Matters
Sec. 661. Repeal of requirement that members entitled to basic allowance for
subsistence pay subsistence charges while hospitalized.
Sec. 662. Clarification of education loans qualifying for education loan repay-
ment program for reserve component health professions offi-
cers.
Sec. 663. Survey and analysis of effect of extended and frequent mobilization
of Reservists for active duty service on Reservist income.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Enhanced Benefits for Reserves
Sec. 701. Demonstration project for TRICARE coverage for Ready Reserve
members.
Sec. 702. Comptroller General report on the cost and feasibility of providing
private health insurance stipends for members of the Ready
Reserves.
Sec. 703. Improvement of medical services for activated members of the Ready
Reserve and their families.
Sec. 704. Modification of waiver of certain deductibles under TRICARE pro-
gram.
Sec. 705. Authority for payment by United States of additional amounts billed
by health care providers to activated Reserve members.
Sec. 706. Extension of transitional health care benefits after separation from
active duty.
Subtitle B—Other Benefits Improvements
Sec. 711. Coverage of certain young children under TRICARE dental program.
Sec. 712. Comptroller General report on provision of health and support serv-
ices for exceptional family member program enrollees.
Sec. 713. Exceptional eligibility for TRICARE prime remote.
Sec. 714. Transition to home health care benefit under sub-acute care program.
Sec. 715. Requirement relating to prescription drug benefits for medicare-eligi-
ble enrollees under defense health care plans.
Sec. 716. Professional accreditation of military dentists.
Sec. 717. Addition of certain unremarried former spouses to persons eligible for
dental insurance plan of retirees of the uniformed services.
Sec. 718. Waiver of collection of payments due from certain persons unaware
of loss of CHAMPUS eligibility.
Subtitle C—Planning, Programming, and Management
Sec. 721. Pilot program for transformation of health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for certain
military disability retirees.
Sec. 723. Study of mental health services.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Amendments to General Contracting Authorities,
Procedures, and Limitations
Sec. 801. Rapid acquisition authority to respond to combat emergencies.
Sec. 802. Defense acquisition workforce changes.
Sec. 803. Limitation on task and delivery order contracts.
Sec. 804. Funding for contract cancellation ceilings for certain multiyear pro-
curement contracts.
Sec. 805. Increased threshold for requiring contractors to provide specified em-
ployee information to cooperative agreement holders.
Sec. 806. Extension of authority for use of simplified acquisition procedures.
Sec. 807. Authority to adjust acquisition-related dollar thresholds for inflation.
Subtitle B—United States Defense Industrial Base Provisions
Sec. 811. Defense trade reciprocity.
Sec. 812. Amendments to domestic source requirements.
Sec. 813. Three-year extension of restriction on acquisition of polyacrylonitrile
(PAN) carbon fiber from foreign sources.
Sec. 814. Grant program for defense contractors to implement strategies to
avoid outsourcing of jobs.
Sec. 815. Preference for domestic freight forwarding services.
Subtitle C—Other Acquisition Matters
Sec. 821. Sustainment and modernization plans for existing systems while re-
placement systems are under development.
Sec. 822. Review and demonstration project relating to contractor employees.
Sec. 823. Defense acquisition workforce limitation and reports.
Sec. 824. Provision of information to Congress to enhance transparency in con-
tracting.
Sec. 825. Requirement to treat sureties in same manner as financing institu-
tions when contractors default.
Sec. 826. Provisions relating to creation of jobs in the United States by defense
contractors.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION
AND MANAGEMENT
Sec. 901. Change in title of Secretary of the Navy to Secretary of the Navy
and Marine Corps.
Sec. 902. Transfer of Center for the Study of Chinese Military Affairs from
National Defense University to United States-China Economic
and Security Review Commission.
Sec. 903. Transfer to Secretary of the Army of responsibility for Assembled
Chemical Weapons Alternatives Program.
Sec. 904. Modification of obligated service requirements under National Secu-
rity Education Program.
Sec. 905. Change of membership of certain councils.
Sec. 906. Actions to prevent the abuse of detainees.
Sec. 907. Responses to congressional inquiries.
Sec. 908. Secretary of Defense guidance on identification and internal trans-
mission of critical information.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Budget justification documents for operation and maintenance.
Sec. 1003. Retention of fees from intellectual property licenses.
Sec. 1004. Authority to waive claims of the United States when amounts recov-
erable are less than costs of collection.
Sec. 1005. Repeal of funding restrictions concerning development of medical
countermeasures against biological warfare threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency fluctua-
tions.
Sec. 1007. Fiscal year 2004 transfer authority.
Sec. 1008. Report on amounts remitted and reimbursed during fiscal year 2004
under section 1007 of Public Law 108–136.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. Authority for award of contracts for ship dismantling on net-cost
basis.
Sec. 1012. Independent study to assess cost effectiveness of the Navy ship con-
struction program.
Sec. 1013. Authority to transfer specified former naval vessels to certain for-
eign countries.
Sec. 1014. Limitation on leasing of foreign-built vessels.
Subtitle C—Sunken Military Craft
Sec. 1021. Preservation of title to sunken military craft and associated con-
tents.
Sec. 1022. Prohibitions.
Sec. 1023. Permits.
Sec. 1024. Penalties.
Sec. 1025. Liability for damages.
Sec. 1026. Relationship to other laws.
Sec. 1027. Encouragement of agreements with foreign countries.
Sec. 1028. Definitions.
Subtitle D—Counter-Drug Activities
Sec. 1031. Continuation of authority to use Department of Defense funds for
unified counterdrug and counterterrorism campaign in Colom-
bia.
Sec. 1032. Limitation on number of United States military personnel in Colom-
bia.
Subtitle E—Reports
Sec. 1041. Study of continued requirement for two-crew manning for ballistic
missile submarines.
Sec. 1042. Study of effect on defense industrial base of elimination of United
States domestic firearms manufacturing base.
Sec. 1043. Study of extent and quality of training provided to members of the
Armed Services to prepare for post-conflict operations.
Subtitle F—Security Matters
Sec. 1051. Use of National Driver Register for personnel security investigations
and determinations.
Sec. 1052. Standards for disqualification from eligibility for Department of De-
fense security clearance.
Subtitle G—Transportation-Related Matters
Sec. 1061. Use of military aircraft to transport mail to and from overseas loca-
tions.
Sec. 1062. Reorganization and clarification of certain provisions relating to
control and supervision of transportation within the Depart-
ment of Defense.
Sec. 1063. Determination of whether private air carriers are controlled by
United States citizens for purposes of eligibility for Govern-
ment contracts for transportation of passengers or supplies.
Sec. 1064. Evaluation of whether to prohibit certain offers for transportation
of security-sensitive cargo.
Sec. 1065. Phased implementation of new program for transporting household
goods of members of the Armed Forces.
Subtitle H—Other Matters
Sec. 1071. Two-year extension of authority of the Secretary of Defense to en-
gage in commercial activities as security for intelligence collec-
tion activities abroad.
Sec. 1072. Assistance for study of feasibility of biennial international air trade
show in the United States and for initial implementation.
Sec. 1073. Technical and clerical amendments.
Sec. 1074. Commission on the long-term implementation of the new strategic
posture of the United States.
Sec. 1075. Liability protection for certain Department of Defense volunteers
working in the maritime environment.
Sec. 1076. Transfer of historic F3A-1 Brewster Corsair aircraft.
Sec. 1077. Assignment of members to assist Bureau of Border Security and
Bureau of Citizenship and Immigration Services of the Depart-
ment of Homeland Security.
Sec. 1078. Authority to accept certain voluntary services.
Sec. 1079. Transfer of excess department of defense personal property suitable
for firefighting use to support Federal excess personal property
program.
Sec. 1080. Expansion of Department of Defense excess personal property dis-
posal program to include health agencies.
Sec. 1081. Placement of memorial in Arlington National Cemetery honoring
noncitizens killed in the line of duty while serving in the Armed
Forces of the United States.
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN
PERSONNEL
Sec. 1101. Payment of Federal employee health benefit premiums for mobilized
Federal employees.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay parity for civilian intelligence personnel.
Sec. 1104. Pay parity for senior executives in nonappropriated fund instrumen-
talities.
Sec. 1105. Prohibition of unauthorized wearing or use of civilian medals or
decorations.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Subtitle A—Matters Relating to Iraq, Afghanistan, and Global
War on Terrorism
Sec. 1201. Documentation of conditions in Iraq under former dictatorial gov-
ernment as part of transition to post-dictatorial government.
Sec. 1202. Support of military operations to combat terrorism.
Sec. 1203. Commanders’ Emergency Response Program.
Sec. 1204. Status of Iraqi security forces.
Sec. 1205. Guidance and report required on contractors supporting deployed
forces in Iraq.
Sec. 1206. Findings and sense of Congress concerning Army Specialist Joseph
Darby.
Sec. 1207. Sense of Congress concerning the abuse of persons in custody in
Iraq.
Sec. 1208. Sense of Congress regarding limitation on use of funds for the re-
construction of Iraq.
Sec. 1209. Sense of Congress on destruction of Abu Ghraib prison in Iraq.
Subtitle B—Other Matters
Sec. 1211. Assignment of allied naval personnel to submarine safety programs.
Sec. 1212. Expansion of entities of the People’s Republic of China subject to
certain presidential authorities when operating in the United
States.
Sec. 1213. Report by President on Global Peace Operations Initiative.
Sec. 1214. Procurement sanctions against foreign persons that transfer certain
defense articles and services to the People’s Republic of China.
Sec. 1215. Military educational exchanges between senior officers and officials
of the United States and Taiwan.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH
STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Temporary authority to waive limitation on funding for chemical
weapons destruction facility in Russia.
TITLE XIV—EXPORT CONTROL AND
COUNTERPROLIFERATION MATTERS
Subtitle A—Export Controls
Sec. 1401. Definitions under Arms Export Control Act.
Sec. 1402. Exemption from licensing requirements for export of significant
military equipment.
Sec. 1403. Cooperative projects with friendly foreign countries.
Sec. 1404. Licensing requirement for export of militarily critical technologies.
Sec. 1405. Control of exports of United States weapons technology to the Peo-
ple’s Republic of China.
Sec. 1406. Strengthening international export controls.
Subtitle B—Counterproliferation Matters
Sec. 1411. Defense international counterproliferation programs.
Sec. 1412. Defense counterproliferation fellowship program.
Subtitle C—Initiatives Relating to Countries of Former Soviet
Union
Sec. 1421. Silk Road initiative.
Sec. 1422. Teller-Kurchatov nonproliferation fellowships.
Sec. 1423. Collaboration to reduce the risks of a launch of Russian nuclear
weapons.
TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE
TO OPERATION IRAQI FREEDOM AND OPERATION EN-
DURING FREEDOM
Sec. 1501. Purpose.
Subtitle A—Authorization of Appropriations
Sec. 1511. Army procurement.
Sec. 1512. Navy and Marine Corps procurement.
Sec. 1513. Air Force procurement.
Sec. 1514. Defense-wide activities procurement.
Sec. 1515. Operation and maintenance.
Sec. 1516. Defense health program.
Sec. 1517. Military personnel.
Sec. 1518. Treatment as additional authorizations.
Sec. 1519. Transfer authority.
Sec. 1520. Designation of emergency authorizations.
Subtitle B—Personnel Provisions
Sec. 1531. Three-year increase in active Army strength levels.
Sec. 1532. Three-year increase in active Marine Corps strength levels.
Sec. 1533. Extension of increased rates for imminent danger pay and family
separation allowance.
Subtitle C—Financial Management Matters
Sec. 1541. Revised funding methodology for military retiree health care bene-
fits.
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.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Increase in certain thresholds for carrying out unspecified minor
military construction projects.
Sec. 2802. Assessment of vulnerability of military installations to terrorist at-
tack and annual report on military construction requirements
related to antiterrorism and force protection.
Sec. 2803. Change in threshold for congressional notification regarding use of
operation and maintenance funds for facility repair.
Sec. 2804. Reporting requirements regarding military family housing require-
ments for general officers and flag officers.
Sec. 2805. Congressional notification of deviations from authorized cost vari-
ations for military construction projects and military family
housing projects.
Sec. 2806. Repeal of limitation on use of alternative authority for acquisition
and improvement of military family housing.
Sec. 2807. Temporary authority to accelerate design efforts for military con-
struction projects carried out using design-build selection pro-
cedures.
Sec. 2808. Exchange or sale of reserve component facilities to acquire replace-
ment facilities.
Sec. 2809. One-year extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside the
United States.
Sec. 2810. 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. 2811. Increase in certain thresholds for reporting real property trans-
actions.
Sec. 2812. Reorganization of existing administrative provisions relating to real
property transactions.
Sec. 2813. Treatment of money rentals from golf course at Rock Island Arse-
nal, Illinois.
Sec. 2814. Number of contracts authorized department-wide under demonstra-
tion program on reduction in long-term facility maintenance
costs.
Sec. 2815. Repeal of Commission on Review of Overseas Military Facility
Structure of the United States.
Sec. 2816. Designation of Airmen Leadership School at Luke Air Force Base,
Arizona, in honor of John J. Rhodes, a former minority leader
of the House of Representatives.
Sec. 2817. Elimination of reversionary interests clouding United States title to
property used as Navy homeports.
Sec. 2818. Report on feasibility of veterans memorial at Marine Corps Air Sta-
tion, El Toro, California.
Subtitle C—Base Closure and Realignment
Sec. 2821. Two-year postponement of 2005 base closure and realignment round
and submission of reports regarding future infrastructure re-
quirements for the armed forces.
Sec. 2822. Establishment of specific deadline for submission of revisions to
force-structure plan and infrastructure inventory for next base
closure round.
Sec. 2823. Specification of final selection criteria for next base closure round.
Sec. 2824. Requirement for unanimous vote of Defense Base Closure and Re-
alignment Commission to add to or otherwise expand closure
and realignment recommendations made by Secretary of De-
fense.
Sec. 2825. Adherence to certain authorities on preservation of military depot
capabilities during any subsequent round of base closures and
realignments.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2831. Transfer of administrative jurisdiction, Defense Supply Center, Co-
lumbus, Ohio.
Sec. 2832. Land conveyance, Fort Hood, Texas.
Sec. 2833. Land conveyance, Army National Guard Facility, Seattle, Wash-
ington.
Sec. 2834. Modification of land exchange and consolidation, Fort Lewis, Wash-
ington.
PART II—NAVY CONVEYANCES
Sec. 2841. Transfer of jurisdiction, Nebraska Avenue Naval Complex, District
of Columbia.
Sec. 2842. Land conveyance, Navy property, former Fort Sheridan, Illinois.
Sec. 2843. Land exchange, Naval Air Station, Patuxent River, Maryland.
PART III—AIR FORCE CONVEYANCES
Sec. 2851. Land exchange, Maxwell Air Force Base, Alabama.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Program Authorizations, Restrictions, and
Limitations
Sec. 3111. Extension of authority for appointment of certain scientific, engi-
neering, and technical personnel.
Sec. 3112. Requirements for baseline of projects under Facilities and Infra-
structure Recapitalization Program.
Subtitle C—Other Matters
Sec. 3131. Transfers and reprogrammings of National Nuclear Security Admin-
istration funds.
Sec. 3132. National Academy of Sciences study on management by Department
of Energy of high-level radioactive waste.
Sec. 3133. Contract to review Waste Isolation Pilot Plant, New Mexico.
Sec. 3134. Additional amount for defense site acceleration completion.
Sec. 3135. Improvements to energy employees occupational illness compensa-
tion program.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Relaxation of quantity restrictions on disposal of manganese ferro
in National Defense Stockpile.
Sec. 3303. Revision of earlier authority to dispose of certain materials in Na-
tional Defense Stockpile.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for merchant
marine vessels.
TITLE XXXVI—SMALL BUSINESS ADMINISTRATION
Sec. 3601. Addition of landscaping and pest control services to list of des-
ignated industry groups participating in the small business
competitiveness demonstration program.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ has the meaning given that term in sec-
tion 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.
Funds are hereby authorized to be appropriated for
fiscal year 2005 for procurement for the Army as follows:
(1) For aircraft, $2,805,941,000.
(2) For missiles, $1,414,321,000.
(3) For weapons and tracked combat vehicles,
$1,739,695,000.
(4) For ammunition, $1,729,402,000.
(5) For other procurement, $4,313,640,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2005 for procurement for the Navy
as follows:
(1) For aircraft, $8,912,667,000.
(2) For weapons, including missiles and tor-
pedoes, $2,253,454,000.
(3) For ammunition, $870,840,000.
(4) 
For 
shipbuilding 
and 
conversion,
$10,120,027,000.
(5) For other procurement, $4,876,725,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 2005 for procurement for
the Marine Corps in the amount of $1,315,103,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for
fiscal year 2005 for procurement for the Air Force as fol-
lows:
(1) For aircraft, $13,649,174,000.
(2) For ammunition, $1,396,457,000.
(3) For missiles, $4,638,313,000.
(4) For other procurement, $13,229,257,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for
fiscal year 2005 for Defense-wide procurement in the
amount of $2,950,702,000.
Subtitle B—Program Matters
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 con-
tract, beginning with the fiscal year 2005 program year,
for procurement of the light-weight 155-millimeter how-
itzer.
SEC. 112. DDG–51 MODERNIZATION PROGRAM.
(a) 
ACCELERATION
OF
MODERNIZATION
PRO-
GRAM.—The Secretary of the Navy shall accelerate the
program for in-service modernization of the DDG–51 class
of destroyers. As part of that modernization program, the
Secretary shall include additional emphasis on deter-
mining a means to reduce crew size from approximately
300 to about 200.
(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).
SEC. 113. REPEAL OF AUTHORITY FOR PILOT PROGRAM
FOR FLEXIBLE FUNDING OF CRUISER CON-
VERSIONS 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. 114. FORCE PROTECTION FOR ASYMMETRIC THREAT
ENVIRONMENT.
(a) REQUIREMENT FOR ASYMMETRIC THREAT AS-
SESSMENT.—(1) The Secretary of Defense shall require
the Secretary of each military department to perform an
assessment of the survivability and suitability against
asymmetrical threats of each of the following military sys-
tems under the jurisdiction of that Secretary:
ment, for each military acquisition program that has not
entered low-rate initial production as of the date of the
enactment of this Act, to include in the development of
that program—
(1) as part of the system requirements develop-
ment, assessments of war-fighter survivability and of
system suitability against asymmetrical threats; and
(2) as part of the documentation of system re-
quirements, requirements for key performance pa-
rameters for force protection and survivability.
(e) ASYMMETRICAL THREAT ENVIRONMENT.—For
purposes of this section, the term ‘‘asymmetrical threat
environment’’, with respect to a manned system, means
a security, stability, or peacekeeping operation in which
the system is deployed or any other such environment in
which an asymmetrical threat may exist (or, in the case
of a manned airborne system, another such environment
in which airborne operations would subject the system to
a ground-based asymmetrical threat).
SEC. 115. ALLOCATION OF EQUIPMENT AUTHORIZED BY
THIS TITLE TO BE MADE ON BASIS OF UNITS
DEPLOYED OR PREPARING TO DEPLOY.
The Secretary of Defense shall provide that, in the
allocation to operational units of equipment acquired using
funds authorized to be appropriated by this title, priority
shall be given to units that are deployed to, or preparing
to deploy to, Operation Iraqi Freedom or Operation En-
during Freedom, regardless of the status of those units
as active, Guard, or reserve component units.
SEC. 116. MULTIYEAR PROCUREMENT AUTHORITY FOR KC–
767 TANKER AIRCRAFT ACQUISITION PRO-
GRAM.
(a) MULTIYEAR PROCUREMENT AUTHORITY.—(1)
The Secretary of the Air Force may, in accordance with
section 2306b of title 10, United States Code, enter into
a multiyear contract, beginning with the fiscal year 2005
program year, for procurement of 80 KC–767 tanker air-
craft.
(2) Notwithstanding subsection (k) of section 2306b
of title 10, United States Code, a contract under this sub-
section may be for any period not in excess of eight pro-
gram years.
(b) LIMITATION.—Subsection (b) of section 135 of
the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 117 Stat. 1413; 10 U.S.C.
2401a note) is repealed.
(c) 
RELATIONSHIP
TO
PREVIOUS
LAW.—The
multiyear procurement authority in subsection (a) may
not be executed under section 135 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–
136; 117 Stat. 1413; 10 U.S.C. 2401a note) or under sec-
tion 8159 of the Department of Defense Appropriations
Act, 2002 (division A of Public Law 107–117).
SEC. 117. OTHER MATTERS RELATING TO KC–767 TANKER
AIRCRAFT ACQUISITION PROGRAM.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) aerial refueling capability for the Armed
Forces is a critical combat force multiplier;
(2) the Nation must expeditiously proceed with
a program to replace the Air Force’s aging fleet of
aerial refueling tankers;
(3) in pursuing an aerial refueling tanker pro-
gram, the Department of Defense should take full
advantage of the United States commercial aircraft
production base; and
(4) anyone suspected of involvement in im-
proper or illegal activities associated with such a
program should be investigated and, if warranted,
prosecuted to the fullest extent of the law.
(b) REQUIREMENT FOR RENEGOTIATION OF CON-
TRACT.—The Secretary of the Air Force shall enter into
one or more contracts for the Air Force multiyear tanker
aircraft program no later than March 1, 2005, provided
that any such contract is negotiated after June 1, 2004.
(c) REVIEW BY OUTSIDE PANEL.—(1) The Secretary
of Defense shall establish a panel of experts from outside
the Department of Defense to review any proposed con-
tract for the multiyear tanker aircraft program. The panel
shall be comprised of individuals who, by reason of edu-
cation, training, or experience, have expertise relevant to
the evaluation of a proposed contract for the lease or pro-
curement of aircraft under that program.
(2) The panel shall review any proposed contract for
the multiyear tanker aircraft program to assess, and assist
the Secretary of the Air Force in determining, whether
the Air Force would under that contract obtain the best
value for funds expended. The panel shall serve in what-
ever manner the Secretary of Defense determines is appro-
priate to provide an independent review of any such pro-
posed contract. The Secretary shall provide for the panel
to make a determination of, and to advise the Secretary
of the Air Force on, what would constitute a fair and rea-
sonable contract for that program.
(d) REPORT.—The Secretary of Defense shall provide
for the panel established under subsection (c) to submit
a report providing the results of its review to the Secretary
of the Air Force and the congressional defense commit-
tees.
(e) MULTIYEAR TANKER AIRCRAFT PROGRAM DE-
FINED.—In this section, the term ‘‘multiyear tanker air-
craft program’’ means the program for—
(1) lease of no more than 20 aerial refueling
aircraft for the Air Force authorized under section
8159 of the Department of Defense Appropriations
Act, 2002 (division A of Public Law 107–117; 115
Stat. 2284), subject to section 135(a) of the Na-
tional Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 117 Stat. 1413); and
(2) procurement of no more than 80 KC–767
tanker aircraft for which a multiyear procurement
contract is authorized by section 116(a) of this Act.
(f) INTERPRETATION.—Section 134 of the National
Defense Authorization Act for Fiscal Year 2004 (Public
Law 108–136; 117 Stat. 1412) is amended by adding at
the end the following new subsection:
‘‘(c) INTERPRETATION.—Nothing in subsection (b) or
section 1111 of the Emergency Supplemental Appropria-
tions Act for Defense and for the Reconstruction of Iraq
and Afghanistan, 2004 (Public Law 108–106; 117 Stat.
1215) is intended to prohibit the Secretary of the Air
Force from executing the program described in section
135(a) of this Act and section 116 of the National Defense
Authorization Act for Fiscal Year 2005.’’.
SEC. 118. ADDITIONAL AMOUNT FOR PATRIOT MISSILE
PROCUREMENT.
(a) ADDITIONAL AMOUNTS.—The amount in section
101 for Army procurement, missiles, is hereby increased
by $90,000,000, to be available for Patriot missiles.
(b) OFFSETTING REDUCTIONS.—(1) The amount in
section 101 for Other Support Space Programs is hereby
decreased by $27,000,000, to be derived from Titan Space
Boosters (SPACE).
(2) The amount in section 301(4) for operation and
maintenance, 
Air 
Force, 
is 
hereby 
reduced 
by
$15,000,000, to be derived from the transportation work-
ing capital fund.
(3) The amount in section 201(4) for research, devel-
opment, test, and evaluation, defense-wide, is hereby re-
duced by $48,000,000, to be derived from the Ballistic
Missile Defense System Interceptor program element (PE
63886C).
SEC. 119. TRANSFER OF CERTAIN ARMY PROCUREMENT
FUNDS.
(a) INCREASE FOR CERTAIN HELICOPTER ITEMS.—
The amount provided in section 101(1) for procurement
of aircraft for the Army is hereby increased by
$4,000,000, of which—
(1) $2,000,000 shall be available for procure-
ment of the Aircraft Wireless Intercom System; and
(2) $2,000,000 shall be available for procure-
ment of bladefold kits for Apache Helicopters.
(b) OFFSET.—The amount provided in section
101(5) for Other Procurement, Army, is hereby reduced
by $4,000,000, to be derived from amounts for Informa-
tion Systems.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 2005 for the use of the Department of Defense
for research, development, test, and evaluation as follows:
(1) For the Army, $9,478,164,000.
(2) For the Navy, $16,047,841,000.
(3) For the Air Force, $21,527,967,000.
(4) 
For 
Defense-wide 
activities,
$21,074,389,000, of which $305,135,000 is author-
ized for the Director of Operational Test and Eval-
uation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH-
NOLOGY.
(a) FISCAL YEAR 2005.—Of the amounts authorized
to be appropriated by section 201, $11,067,698,000 shall
be available for the Defense Science and Technology Pro-
gram, including basic research, applied research, and ad-
vanced technology development projects.
(b) BASIC RESEARCH, APPLIED RESEARCH, AND AD-
VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For
purposes of this section, the term ‘‘basic research, applied
research, and advanced technology development’’ means
work funded in program elements for defense research and
development under Department of Defense category 6.1,
6.2, or 6.3.
SEC. 203. PROGRAM INCREASES.
(a) NANO-COMPOSITE HARD-COAT
FOR AIRCRAFT
CANOPIES.—The amount provided in section 201(2) for
research development, test and evaluation, Navy, is hereby
increased by $5,000,000, to be available for Nano-com-
posite hard-coat for aircraft canopies in Program Element
0205633N.
(b) COMMAND-AND-CONTROL SERVICE LEVEL MAN-
AGEMENT.—The amount provided in section 201(3) for
research development, test and evaluation, Air Force, is
hereby increased by $5,000,000, to be available for com-
mand-and-control service level management in Program
Element 0207443F for best-commercial practices and en-
terprise wide architectures for military command-and-con-
trol applications.
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions
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 pro-
gram 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 pro-
gram strategy shall—
(1) require the release, at the design readiness
review, of not less than 90 percent of engineering
drawings for the building of prototypes;
(2) require, before facilitating production or
contracting for items with long lead times, that an
acceptable demonstration be carried out of the per-
formance of the information network, including the
performance of the Joint Tactical Radio System and
the Warfighter Information Network-Tactical; and
(3) require, before the initial production deci-
sion, that an acceptable demonstration be carried
out of the collective capability of each system to
meet system-of-systems requirements when inte-
grated 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 Com-
bat Systems acquisition decision memorandum, the Under
Secretary of Defense for Acquisition, Technology, and Lo-
gistics shall submit to Congress each of the following docu-
ments:
(1) The independent cost estimate with respect
to the program prepared by the cost analysis im-
provement group of the Office of the Secretary of
Defense.
(2) A report, prepared by an independent panel,
on the maturity levels of the critical technologies
with respect to the program, including an assess-
ment 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 inte-
gration of the network and the command, con-
trol, computers, communications, intelligence,
surveillance, and reconnaissance components;
and
(B) the progress made toward meeting the
requirements for network-centric capabilities as
set forth by such officer.
(4) A report identifying the key performance
parameters with respect to the program, with all ob-
jectives and thresholds quantified, together with the
supporting analytical rationale.
(d) LIMITATION ON FUNDING.—(1) Except as pro-
vided in paragraph (2), the Secretary of the Army may
not obligate, from amounts made available for fiscal year
2005, more than $2,200,000,000 for the Future Combat
Systems acquisition program.
(2) The limitation in paragraph (1) shall not apply
after the Secretary of the Army submits to Congress the
Secretary’s certification that the Secretary has established
and implemented the program strategy required by sub-
section (a).
SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND
DEVELOPMENT OF VACUUM ELECTRONICS
TECHNOLOGIES.
(a) PROGRAM REQUIRED.—The Secretary of Defense
shall establish a program for research and development
in advanced vacuum electronics to meet the requirements
of the Department of Defense electromagnetic systems.
(b) DESCRIPTION
OF
PROGRAM.—The program
under subsection (a) shall be carried out collaboratively
by the Director of Defense Research and Engineering, the
Secretary of the Navy, the Secretary of the Air Force, the
Secretary of the Army, and other appropriate elements of
the Department of Defense. The program shall include the
following activities:
(1) Activities needed for development and matu-
ration of advanced vacuum electronics technologies
needed to meet the requirements of the Department
of Defense.
(2) Identification of legacy and developmental
electromagnetic systems for use of advanced vacuum
electronics under the program.
(c) REPORT.—Not later than January 31, 2005, the
Director of Defense Research and Engineering shall sub-
mit to the congressional defense committees a report on
the implementation of the program under subsection (a).
The report shall include the following:
(1) Identification of the officer to have lead re-
sponsibility for carrying out the program.
(2) A description of the management plan for
the program and any agreements relating to that
plan.
(3) A schedule for the program.
(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 objec-
tives.
(d) FUNDING.—Of the funds authorized to be appro-
priated in section 201—
(1) $13,500,000 shall be available in program
element 62771N for applied research in vacuum
electronics; and
(2) $5,000,000 shall be available in program
element 63771N for advanced technology develop-
ment in vacuum electronics.
SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON
JOINT STRIKE FIGHTER PROGRAM.
(a) ANNUAL GAO REVIEW.—The Comptroller Gen-
eral shall conduct an annual review of the Joint Strike
Fighter aircraft program and shall, not later than March
15 of each year, submit to Congress a report on the results
of the most recent review. With each such report, the
Comptroller General shall submit a certification as to
whether the Comptroller General has had access to suffi-
cient 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 devel-
opment and demonstration under the program:
(1) The extent to which such system develop-
ment and demonstration is meeting established
goals, including the goals established for perform-
ance, cost, and schedule.
(2) The plan for such system development and
demonstration (leading to production) for the fiscal
year that begins in the year in which the report is
submitted.
(3) The Comptroller General’s conclusion re-
garding whether such system development and dem-
onstration (leading to production) is likely to be
completed at a total cost not in excess of the amount
specified (or to be specified) for such purpose in the
Selected Acquisition report for the Joint Strike
Fighter aircraft program under section 2432 of title
10, United States Code, for the first quarter of the
fiscal year during which the report of the Comp-
troller General is submitted.
(c) REQUIREMENT TO SUPPORT ANNUAL GAO RE-
VIEW.—The Secretary of Defense and the prime con-
tractor for the Joint Strike Fighter aircraft program shall
provide to the Comptroller General such information on
that program as the Comptroller General considers nec-
essary to carry out the responsibilities of the Comptroller
General under this section, including such information as
is necessary for the purposes of subsection (b)(3).
(d) TERMINATION.—No report is required under this
section after the report that, under subsection (a), is re-
quired to be submitted not later than March 15, 2009.
SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES
COMMAND TO BE DERIVED ONLY FROM DE-
FENSE-WIDE AMOUNTS.
(a) IN GENERAL.—Chapter 9 of title 10, United
States Code, is amended by adding at the end the fol-
lowing 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, devel-
opment, test, and evaluation for the United States Joint
Forces Command shall be derived only from amounts
made available to the Department of Defense for Defense-
wide research, development, test, and evaluation.
‘‘(b) SEPARATE DISPLAY IN BUDGET.—Any amount
in the budget submitted to Congress under section 1105
of title 31 for any fiscal year for research, development,
test, and evaluation for the United States Joint Forces
Command shall be set forth under the account of the De-
partment of Defense for Defense-wide research, develop-
ment, test, and evaluation.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘232. United States Joint Forces Command: amounts for research, develop-
ment, test, and evaluation to be derived only from Defense-
wide amounts.’’.
SEC. 215. SPACE BASED RADAR.
(a) LIMITATION.—In carrying out the Space Based
Radar program, the Secretary of Defense may not author-
ize that program to proceed into the system development
and procurement phase referred to as Milestone B until
the Secretary—
(1) submits to the congressional defense com-
mittees, the Permanent Select Committee on Intel-
ligence of the House of Representatives, and the Se-
lect Committee on Intelligence of the Senate a re-
port described in subsection (b); and
(2) a period of 30 days has elapsed after the
date on which such report is submitted.
(b) REPORT.—A report under this subsection is a re-
port on the Space Based Radar program in which the Sec-
retary of Defense sets forth the following with respect to
that program:
(1) A description of the technical system con-
cept selected.
(2) A description of the concept of operations
associated with the technical system concept se-
lected.
(3) An independent cost estimate for develop-
ment and procurement under the program.
(4) The acquisition strategy for the program.
SEC. 216. MARK–54 TORPEDO PRODUCT IMPROVEMENT
PROGRAM.
Of the amount provided in section 201 for research,
development, 
test, 
and 
evaluation 
for 
the 
Navy,
$2,000,000 within the budget line designated as line 120
shall be available for the Mark-54 Torpedo Product Im-
provement Program.
Subtitle C—Ballistic Missile
Defense
SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA-
BILITIES.
(a) AUTHORITY.—Funds described in subsection (b)
may, upon approval by the Secretary of Defense, be used
for the development and fielding of ballistic missile defense
capabilities.
(b) COVERED FUNDS.—Subsection (a) applies to
funds appropriated for fiscal year 2005 or fiscal year 2006
for research, development, test, and evaluation for the
Missile Defense Agency.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SECTION 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, $25,838,611,000.
(2) For the Navy, $29,523,490,000.
(3) For the Marine Corps, $3,637,615,000.
(4) For the Air Force, $27,143,566,000.
(5) 
For 
Defense-wide 
activities,
$17,317,406,000.
(6) For the Army Reserve, $2,003,728,000.
(7) For the Naval Reserve, $1,240,038,000.
(8) 
For 
the 
Marine 
Corps 
Reserve,
$188,696,000
(9) For the Air Force Reserve, $2,226,790,000
(10) 
For 
the 
Army 
National 
Guard,
$4,425,686,000.
(11) 
For 
the 
Air 
National 
Guard,
$4,448,938,000.
(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, $216,516,000.
(18) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $59,000,000.
(19) For Cooperative Threat Reduction pro-
grams, $409,200,000.
(20) For the Overseas Contingency Operations
Transfer Fund, $5,000,000.
(21) For the Defense Industrial Base Capabili-
ties Fund, $50,000,000
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,
$372,886,000.
(2) For the National Defense Sealift Fund,
$1,219,252,000.
(3) For the Defense Working Capital Fund,
Defense Commissary, $1,175,000,000
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) DEFENSE HEALTH PROGRAM.—Funds are here-
by authorized to be appropriated for the Department of
Defense for fiscal year 2005 for expenses, not otherwise
provided 
for, 
for 
the 
Defense 
Health 
Program,
$17,811,586,000, of which—
(1) $17,374,544,000 is for Operation and
Maintenance;
(2) $72,407,000 is for Research, Development,
Test, and Evaluation; and
(3) $364,635,000 is for Procurement.
(b) CHEMICAL AGENTS AND MUNITIONS DESTRUC-
TION, 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 Chem-
ical 
Agents 
and 
Munitions 
Destruction, 
Defense,
$1,371,990,000, of which—
(A) $1,138,801,000 is for Operation and Main-
tenance;
(B) $154,209,000 is for Research, Develop-
ment, 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 mate-
riel of the United States that is not covered by sec-
tion 1412 of such Act.
(c) DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized
to be appropriated for the Department of Defense for fis-
cal year 2005 for expenses, not otherwise provided for, for
Drug Interdiction and Counter-Drug Activities, Defense-
wide, $852,697,000.
(d) DEFENSE INSPECTOR GENERAL.—Funds are
hereby authorized to be appropriated for the Department
of Defense for fiscal year 2005 for expenses, not otherwise
provided for, for the Office of the Inspector General of
the Department of Defense, $193,562,000, of which—
(1) $191,362,000 is for Operation and Mainte-
nance;
(2) $2,100,000 is for Research, Development,
Test, and Evaluation; and
(3) $100,000 is for Procurement.
SEC. 304. REIMBURSEMENT OF MEMBERS OF THE ARMED
FORCES 
WHO 
PURCHASED 
PROTECTIVE
BODY ARMOR DURING SHORTAGE OF DE-
FENSE STOCKS OF BODY ARMOR.
(a) REIMBURSEMENT AUTHORIZED.—The Secretary
of Defense may reimburse a member of the Armed Forces
for the cost of protective body armor purchased by the
member, or by another person on behalf of the member,
for use by the member while deployed in connection with
Operation Noble Eagle, Operation Enduring Freedom, or
Operation Iraqi Freedom if the member was not issued
protective body armor before the member became engaged
in operations in areas or situations described in section
310(a)(2) of title 37, United States Code.
(b) DURATION
OF
AUTHORITY.—Reimbursement
may be provided under subsection (a) for protective body
armor purchased during the period beginning on Sep-
tember 11, 2001, and ending on December 31, 2003. Not
later than 60 days after the date of the enactment of this
Act, the Secretary shall implement regulations to expedite
the provision of such reimbursement.
SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE
OPERATIONS AND MAINTENANCE.
The amount authorized to be appropriated in section
301(4) is hereby reduced by $10,000,000, to be derived
from the transportation working capital fund.
SEC. 306. ELIMINATION OF BACKLOG IN PROCESSING FO-
RENSIC EVIDENCE COLLECTION KITS AND
ACQUISITION OF SUFFICIENT STOCKS OF
SUCH KITS.
The Secretary of Defense shall take such steps as
may be necessary to eliminate the current backlog in the
processing of forensic evidence collection kits used by the
Department of Defense, to shorten the time period be-
tween the use of such kits and their processing in the fu-
ture, and to ensure an adequate supply of such kits for
all domestic and overseas United States military installa-
tions, including the military service academies, and for
units of the Armed Forces deployed in theaters of oper-
ation.
Subtitle B—Environmental
Provisions
SEC. 311. 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 an-
ticipated encroachments on the use and utility of the spe-
cial use airspace of the Utah Test and Training Range
in the State of Utah, including encroachments brought
about through actions of other Federal agencies. The Sec-
retary shall include such recommendations as the Sec-
retary considers appropriate regarding any legislative ini-
tiatives necessary to address encroachment problems iden-
tified 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 Sec-
retary shall submit the report to the Committee on Armed
Services of the House of Representatives and the Com-
mittee on Armed Services of the Senate.
Subtitle C—Workplace and Depot
Issues
SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING RE-
QUIREMENTS 
CONCERNING 
FUNDS 
EX-
PENDED FOR DEPOT MAINTENANCE AND RE-
PAIR 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 De-
fense Agency, the percentage of the funds referred to in
subsection (a) that was expended during the preceding fis-
cal year, and are projected to be expended in the current
fiscal year and next fiscal year, for performance of depot-
level maintenance and repair workloads by the public and
private sectors.
‘‘(2) Not later than 60 days after the date on which
the Secretary submits a report under paragraph (1), the
Comptroller General shall submit to Congress the Comp-
troller General’s views on whether—
‘‘(A) the Department of Defense has complied
with the requirements of subsection (a) during the
preceding fiscal year covered by the report; and
‘‘(B) the expenditure projections for the current
fiscal year and next fiscal year are reasonable.’’.
SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT
CONCERNING MANAGEMENT OF DEPOT EM-
PLOYEES.
(a) REPEAL.—Section 2472 of title 10, United States
Code, is amended—
(1) by striking ‘‘(a) PROHIBITION ON MANAGE-
MENT 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 employ-
ees 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. PUBLIC-PRIVATE COMPETITION FOR WORK PER-
FORMED BY CIVILIAN EMPLOYEES OF DE-
PARTMENT OF DEFENSE.
(a) IN GENERAL.—Section 2461(b) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
‘‘(5)(A) A function of the Department of Defense
performed by 10 or more civilian employees may not be
converted, in whole or in part, to performance by a con-
tractor unless, the conversion is based on the results of
a public-private competition process that—
‘‘(i) formally compares the cost of civilian em-
ployee performance of the function with the costs of
performance by a contractor;
‘‘(ii) creates an agency tender, including a most
efficient organization plan, in accordance with Office
of Management and Budget Circular A–76, as im-
plemented on May 29, 2003;
‘‘(iii) determines whether the submitted offers
meet the needs of the Department of Defense with
respect to factors other than cost, including quality
and reliability;
‘‘(iv) requires continued performance of the
function by civilian employees if the cost of perform-
ance of the function by a contractor would, over all
performance periods required by the solicitation, cost
less than—
‘‘(I) 10 percent of the personnel-related
costs for performance of that activity or func-
tion in the agency tender; or
‘‘(II) $10,000,000; and
‘‘(v) provides no advantage to an offeror for a
proposal to reduce costs for the Department of De-
fense by—
‘‘(I) not making an employer-sponsored
health insurance plan available to the workers
who are to be employed in the performance of
such function under a contract; or
‘‘(II) offering to such workers an em-
ployer-sponsored health benefits plan that re-
quires the employer to contribute less towards
the premium or subscription share than that
which is paid by the Department of Defense for
health benefits for civilian employees under
chapter 89 of title 5.
‘‘(B) Any modification, reorganization, division, or
other change in the organization of a function of the De-
partment of Defense so that is performed by less than 10
civilian employees of the Department of Defense and,
therefore, excluded from subparagraph (A), is prohibited.
‘‘(C) Any function that is performed by civilian em-
ployees of the Department of Defense and is proposed to
be reengineered, reorganized, modernized, upgraded, ex-
panded, or changed in order to become more efficient, but
the civilian employees would still provide essentially the
same service, is subject to the competition requirement in
subparagraph (A).
‘‘(D) The cost savings requirement specified in sub-
paragraph (A) does not apply to any contracts for special
studies and analyses, construction services, architectural
services, medical services, scientific and technical services
related to (but not in support of) research and develop-
ment, and depot-level maintenance and repair services.
‘‘(E) The Secretary of Defense may waive the com-
petition requirement in specific instances if—
‘‘(i) the written waiver is prepared by the Sec-
retary of Defense, or the relevant Assistant Sec-
retary or agency head;
‘‘(ii) the written waiver is accompanied by a de-
tailed determination that national security interests
are so compelling as to preclude compliance with the
requirement for a public-private competition; and
‘‘(iii) a copy of the waiver is published in the
Federal Register within 10 working days after the
date on which the waiver is invoked, although use of
the waiver need not be delayed until its publica-
tion.’’.
(b) RELATION TO PILOT PROGRAM.—Paragraph (5)
of section 2461(b) of title 10, United States Code, as
added by subsection (a) shall not apply with respect to
the pilot program for best-value source selection for per-
formance of information technology services authorized by
section 336 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1444;
10 U.S.C. 2461 note).
SEC. 324. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM.
(a) PURPOSE.—The Secretary of Defense shall estab-
lish a pilot program to examine the use of the public-pri-
vate competition process of Office of Management and
Budget Circular A–76 on new requirements, as defined
by such Circular, and functions currently being performed
by contractors that could be performed by civilian employ-
ees.
(b) DURATION.—The Secretary of Defense shall
carry out the pilot program during fiscal years 2005 and
2006.
(c) REQUIREMENT FOR PUBLIC-PRIVATE COMPETI-
TION FOR NEW WORK.—(1) By the end of the pilot
project, the Secretary of Defense shall have allowed civil-
ian employees to compete through the standard competi-
tion process of Office of Management and Budget Circular
A–76 for new requirements, as defined by such Circular,
that are approximately one-tenth in value of the funds
spent by the Department of Defense during the two fiscal
years of the pilot project on all functions that are consid-
ered new requirements, as defined by such Circular.
(2) The Department of Defense shall not receive
credit towards compliance with the pilot program for sub-
jecting to public-private competition—
(A) any contract to be awarded to small busi-
ness concerns that meet the requirements under sec-
tion 3(a) of the Small Business Act (15 U.S.C.
632(a)) and regulations under that section;
(B) any contract to be performed by contractor
employees who are represented by a private sector
labor union; or
(C) any contract related to special studies and
analyses, construction services, architectural serv-
ices, medical services, scientific and technical serv-
ices related to (but not in support of) research and
development, and depot-level maintenance and repair
services.
(d) FUNCTIONS PERFORMED BY CONTRACTORS.—(1)
By the end of the pilot project, the Secretary of Defense
shall have subjected a number of contractor employees to
public-private competition through the standard competi-
tion process of Office of Management and Budget Circular
A–76 that is approximately one-tenth of the number of
civilian employees subject to public-private competition
during the two fiscal years of the pilot project.
(2) The Department of Defense shall, to the extent
possible, subject to public-private competition those posi-
tions held by contractor employees that are associated
with functions that are or have been performed at least
in part by Federal employees at any time on or after Octo-
ber 1, 1980; and
(3) Subsection (c)(2) shall also apply to this sub-
section.
(e) WAIVER.—The implementation of the pilot
project may be waived if—
(1) the written waiver is prepared by the Sec-
retary of Defense;
(2) the written waiver is accompanied by a de-
tailed determination that national security interests
are so compelling as to preclude compliance with the
competition requirement; and
(3) a copy of the waiver is published in the
Federal Register within 10 working days after the
date on which the waiver is invoked, although use of
the waiver need not be delayed until its publication.
(f) REPORT.—At the end of each fiscal year of the
pilot program, the Inspector General of the Department
of Defense shall submit to Congress a report on the results
of the pilot program, including the extent to which the
Department of Defense complied with the requirements of
this section.
SEC. 325. SENSE OF CONGRESS ON EQUITABLE LEGAL
STANDING FOR CIVILIAN EMPLOYEES.
It is the sense of Congress that, in order to ensure
that, when public-private competitions are held, they are
conducted as fairly, effectively, and efficiently as possible,
competing parties, both Department of Defense civilian
employees (or their representatives) and contractors (or
their representatives) should receive comparable treatment
throughout the competition regarding access to relevant
information and legal standing to challenge the way a
competition has been conducted at all appropriate forums,
including the General Accounting Office and the United
States Court of Federal Claims.
SEC. 326. COMPETITIVE SOURCING REPORTING REQUIRE-
MENT.
(a) REPORT REQUIRED.—Not later than February 1,
2005, the Inspector General of the Department of Defense
shall submit to Congress a report addressing whether the
Department of Defense—
(1) employs a sufficient number of adequately
trained civilian employees to conduct satisfactorily,
taking into account equity, efficiency and expedi-
tiousness, all of the public-private competitions that
are scheduled to be undertaken by the Department
of Defense during the next fiscal year (including a
sufficient number of employees to formulate satisfac-
torily the performance work statements and most ef-
ficient organization plans for the purposes of such
competitions) and to administer any resulting con-
tracts; and
(2) has implemented a comprehensive and reli-
able system to track and assess the cost and quality
of the performance of functions of the Department
of Defense by service contractors, to update the
records of such costs and the assessments each fiscal
quarter, and to make such information available in
reports to Congress and the public, including
through the use of electronic means, except that pro-
prietary information and information to which sec-
tion 552(b)(1) of title 5, United States Code, applies
shall be excised from information published or re-
ports made available.
(b) ELEMENTS OF TRACKING SYSTEM.—The system
of the Department of Defense for tracking cost and qual-
ity of performance of a function under a service contract
shall include at least the following data elements:
(1) The contract number and the applicable
Federal supply class or service code.
(2) The name, business address, and business
telephone of the agency official who supervises the
service contract.
(3) The statutory, regulatory, or other author-
ity for entering into the service contract and, if a
public-private competition was not used in the deter-
mination of whether to provide for performance of
the activity or function by a contractor, an expla-
nation of the reasons for not doing so.
(4) The cost to the Department of Defense of
conducting the public-private competition under Of-
fice of Management and Budget Circular A–76, if
one was undertaken, including the cost of consult-
ants as well as civilian employees.
(5) In the case of a function formerly per-
formed by civilian employees, the actual cost of the
performance by such employees.
(6) The cost to the Department of Defense of
civilian employee performance of the function under
the most efficient organization plan.
(7) The anticipated cost of contractor perform-
ance, based on the award.
(8) The cost to the Department of Defense for
performance of the function by the contractor.
(9) A description of the quality control process
used by the agency in connection with monitoring
the contract performance (including the applicable
quality control standards and the frequency of the
quality control reports), together with an assessment
of whether the contractor achieved, exceeded, or
failed to achieve the quality control standards.
(c) ASSESSMENT OF TRACKING SYSTEM.—The In-
spector General of the Department of Defense shall in-
clude in the report required by subsection (a) an assess-
ment of the comprehensiveness and reliability of the De-
partment of Defense system for tracking cost and quality
of performance of a function under a service contract, in-
cluding compliance with each of the requirements specified
in subsection (b). The Inspector General shall base the
assessment on an audit of a representative sample of serv-
ice contracts. The report shall also include recommenda-
tions by the Inspector General regarding how weaknesses
identified in the Department of Defense infrastructure for
competitive sourcing can be rectified, whether through the
use of different processes or the availability of additional
employees, additional training, or additional resources.
Subtitle D—Information
Technology
SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE
PLAN FOR TRANSITION TO INTERNET PRO-
TOCOL VERSION 6.
(a) TRANSITION PLAN.—The Secretary of Defense
shall prepare a plan to provide for the transition of De-
partment of Defense information technology systems to
Internet Protocol version 6 from the present use of Inter-
net Protocol version 4 and other network protocols. The
plan shall outline the networking and security system
equipment that will need to be replaced, including the tim-
ing and costs of such replacement, address how the cur-
rent and new networks and security systems will be man-
aged, and assess the potential impact of the transition,
include any proposed measures to alleviate any adverse af-
fects. In preparing the transition plan, the Secretary shall
compare private industry plans for the transition to Inter-
net Protocol version 6.
(b) TESTING AND EVALUATION FOR INTERNET PRO-
TOCOL.—To determine whether a change to the use of
Internet Protocol version 6 will support Department of
Defense requirements, the Secretary of Defense shall pro-
vide for a rigorous, real-world end-to-end testing of Inter-
net 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 satisfac-
tory support the Department’s multiple applications
and other information technology systems, including
the use of Internet Protocol version 6 over band-
width-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.
(c) SUBMISSION OF PLAN AND RESULTS.—Not later
than March 31, 2005, the Secretary of Defense shall sub-
mit to the congressional defense committees a report con-
taining the transition plan prepared under subsection (a)
and the results of the tests conducted under subsection
(b).
SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITEC-
TURE, SYSTEM ACCOUNTABILITY, AND CON-
DITIONS 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 sec-
tion 2223 the following new section:
‘‘§ 2222. Defense business systems: architecture, ac-
countability, and modernization
‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR
DEFENSE BUSINESS SYSTEM MODERNIZATION.—Effec-
tive January 1, 2005, funds appropriated to the Depart-
ment of Defense may not be obligated for a defense busi-
ness system modernization that will have a total cost in
excess of $1,000,000 unless—
‘‘(1) the approval authority designated for the
defense business system certifies to the Defense
Business Systems Management Committee estab-
lished by section 186 of this title that the defense
business system modernization—
‘‘(A) is in compliance with the enterprise
architecture developed under subsection (b), or
such compliance is waived in writing by the ap-
proval authority as a result of the investment
review process conducted under subsection (d)
for the defense business system modernization;
and
‘‘(B) will be acquired or developed in a
manner consistent with the system acquisition
regulations and instructions of the Department
of Defense; and
‘‘(2) the Defense Business Systems Manage-
ment Committee approves the certification by the
approval authority.
‘‘(b) ENTERPRISE ARCHITECTURE
FOR DEFENSE
BUSINESS SYSTEMS.—Not later than September 30,
2005, the Secretary of Defense, acting through the De-
fense Business Systems Management Committee, shall
develop—
‘‘(1) an enterprise architecture to cover all de-
fense business systems, and the functions and activi-
ties supported by defense business systems, which
shall be sufficiently defined to effectively guide, con-
strain, and permit implementation of interoperable
defense business system solutions and consistent
with the policies and procedures established by the
Director of the Office of Management and Budget,
and
‘‘(2) a transition plan for implementing the en-
terprise architecture for defense business systems.
‘‘(c) APPROVAL AUTHORITIES AND ACCOUNTABILITY
FOR DEFENSE BUSINESS SYSTEMS.—The Secretary of
Defense shall delegate responsibility for the planning, de-
sign, acquisition, deployment, operation, maintenance,
modernization, and oversight of defense business systems
as follows:
‘‘(1) The Under Secretary of Defense for Ac-
quisition, Technology and Logistics shall be respon-
sible and accountable for any defense business sys-
tem the primary purpose of which is to support ac-
quisition activities, logistics activities, or installa-
tions and environment activities of the Department
of Defense.
‘‘(2) The Under Secretary of Defense (Comp-
troller) shall be responsible and accountable for any
defense business system the primary purpose of
which is to support financial management activities
or strategic planning and budgeting activities of the
Department of Defense.
‘‘(3) The Under Secretary of Defense for Per-
sonnel and Readiness shall be responsible and ac-
countable for any defense business system the pri-
mary purpose of which is to support human resource
management activities of the Department of De-
fense.
‘‘(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 in-
formation assurance activities of the Department of
Defense.
‘‘(5) The Deputy Secretary of Defense or an
Under Secretary of Defense, as designated by the
Secretary of Defense, shall be responsible for any
defense business system the primary purpose of
which is to support any activity of the Department
of Defense not covered by paragraphs (1) through
(4).
‘‘(d) DEFENSE BUSINESS SYSTEM INVESTMENT RE-
VIEW.—(1) The Secretary of Defense shall require each
approval authority designated under subsection (c) to es-
tablish, not later than March 15, 2005, an investment re-
view process, consistent with section 11312 of title 40, to
review the planning, design, acquisition, development, de-
ployment, operation, maintenance, modernization, and
project cost benefits and risks of all defense business sys-
tems for which the approval authority is responsible. The
investment review process so established shall specifically
address the responsibilities of approval authorities under
subsection (a).
‘‘(2) The review of defense business systems under
the investment review process shall include the following:
‘‘(A) Review and approval by an investment re-
view board of each defense business system as an in-
vestment before the obligation of funds on the sys-
tem.
‘‘(B) Periodic review, but not less than annu-
ally, 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 ap-
propriate level of review within the Department of
Defense of, and accountability for, defense business
system investments depending on scope, complexity,
and cost.
‘‘(e) BUDGET INFORMATION.—In the materials that
the Secretary submits to Congress in support of the budg-
et submitted by the President to Congress under section
1105 of title 31 for fiscal year 2006 and fiscal years there-
after, the Secretary of Defense shall—
‘‘(1) identify the approval authority for each de-
fense business system; and
‘‘(2) for each defense business system for which
funding is proposed in the budget—
‘‘(A) certify that the defense business sys-
tem complies with the defense business enter-
prise architecture; or
‘‘(B) explain why funds for such system
are necessary to maintain a mission critical or
mission essential system of the Department of
Defense, notwithstanding its noncompliance
with the defense business enterprise architec-
ture.
‘‘(f) CONGRESSIONAL REPORTS.—Not later than
March 15 of each year from 2005 through 2009, the Sec-
retary of Defense shall submit to the congressional defense
committees a report on Department of Defense compliance
with the requirements of this section. The first report shall
define plans and commitments for meeting the require-
ments 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 per-
formance against specified performance meas-
ures, and any revision of such milestones and
performance measures; and
‘‘(B) specific actions on the defense busi-
ness system modernizations submitted for cer-
tification under such subsection;
‘‘(2) identify the number of defense business
system modernizations so certified;
‘‘(3) identify any defense business system mod-
ernization with an obligation in excess of $1,000,000
during the preceding fiscal year that was not cer-
tified 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.
‘‘(g) 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 busi-
ness system, as designated by subsection (c).
‘‘(2) The term ‘defense business system’ means
an information system, other than a national secu-
rity system, operated by, for, or on behalf of the De-
partment of Defense, including financial systems,
mixed systems, financial data feeder systems, and
information technology and information assurance
infrastructure, used to support business activities,
such as acquisition, financial management, logistics,
strategic planning and budgeting, installations and
environment, and human resource management.
‘‘(3) The term ‘defense business system mod-
ernization’ means—
‘‘(A) the acquisition or development of a
new defense business system; or
‘‘(B) any significant modification or en-
hancement of an existing defense business sys-
tem (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 ‘infor-
mation technology’ have the meanings given those
terms in section 11101 of title 40.
‘‘(6) The term ‘national security system’ has
the meaning given that term in section 2315 of this
title.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting before the item relating
to section 2223 the following new item:
‘‘2222. Defense business systems: architecture, accountability, and moderniza-
tion.’’.
(b) DEFENSE
BUSINESS
SYSTEM
MANAGEMENT
COMMITTEE.—Chapter 7 of such title is amended by add-
ing at the end the following new section:
‘‘§ 186. Defense business system management Com-
mittee
‘‘(a) ESTABLISHMENT.—The Secretary of Defense
shall establish a Defense Business Systems Management
Committee, to be composed of the following persons:
‘‘(1) The Deputy Secretary of Defense, who
shall serve as the chairman of the Committee.
‘‘(2) The Under Secretary of Defense for Ac-
quisition, Logistics, and Technology.
‘‘(3) The Under Secretary of Defense for Per-
sonnel and Readiness.
‘‘(4) The Under Secretary of Defense (Comp-
troller).
‘‘(5) The Assistant Secretary of Defense for
Networks and Information Integration.
‘‘(6) The Secretaries of the military depart-
ments and the heads of the Defense Agencies.
‘‘(7) Such additional personnel of the Depart-
ment of Defense (including personnel assigned to the
Joint Chiefs of Staff and combatant commands) as
are designated by the Secretary of Defense.
‘‘(b) 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 inte-
grate the requirements of section 2222 of this title
into all business activities and any transformation,
reform, reorganization, or process improvement ini-
tiatives undertaken within the Department of De-
fense; and
‘‘(B) review and approve any major update of
the defense business enterprise architecture devel-
oped under subsection (b) of section 2222 of this
title, including evolving the architecture, and of de-
fense business systems modernization plans.
‘‘(2) The Committee shall be responsible for coordi-
nating defense business system modernization initiatives
to maximize benefits and minimize costs for the Depart-
ment 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 obli-
gated for defense business system modernization in a man-
ner consistent with section 2222 of this title.
‘‘(c) DEFINITIONS.—In this section, the terms ‘de-
fense business system’ and ‘defense business system mod-
ernization’ 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) DELEGATION
OF ADMINISTRATIVE RESPONSI-
BILITY.—The delegation of responsibility for the planning,
design, acquisition, deployment, operation, maintenance,
modernization, and oversight of defense business systems
required by subsection (c) of section 2222 of title 10,
United States Code, as added by subsection (a)(1), shall
be completed not later than 60 days after the date of the
enactment of this Act.
(d) RELATION TO ANNUAL REGISTRATION REQUIRE-
MENTS.—Nothing in sections 186 and 2222 of title 10,
United States Code, as added by this section, shall be con-
strued to alter the requirements of section 8084 of the
Department of Defense Appropriations Act, 2004 (Public
Law 108–87; 117 Stat. 1091), with regard to information
technology systems (as defined in subsection (d) of such
section).
(e) REPEAL OF OBSOLETE FINANCIAL MANAGEMENT
ENTERPRISE ARCHITECTURE REQUIREMENTS.—Section
1004 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C.
113 note) is repealed.
SEC. 333. ESTABLISHMENT OF JOINT PROGRAM OFFICE TO
IMPROVE INTEROPERABILITY OF BATTLE-
FIELD MANAGEMENT COMMAND AND CON-
TROL SYSTEMS.
(a) OFFICE FOR FAMILY OF INTEROPERABLE PIC-
TURES.—The Secretary of Defense shall designate a single
joint program office in the Department of Defense for the
management of battlefield management command and
control systems of the Armed Forces, known as the ‘‘Fam-
ily of Interoperable Pictures’’, to improve the interoper-
ability of such systems so that members of the Armed
Forces may access a common operational picture of the
battlefield. The office shall include at a minimum the Sin-
gle Integrated Air Picture, the Single Integrated Ground
Picture, the Single Integrated Maritime Picture, the Spe-
cial Operations Forces Picture, and the Single Integrated
Space Picture. The Secretary shall provide for the head
of the office to be selected on a rotating basis among re-
lated offices of the Army, Navy, Air Force, and Marine
Corps.
(b) COMMON SYSTEMS ARCHITECTURE.—The Sec-
retary of Defense shall develop, implement, and maintain
a common systems architecture for all battlefield manage-
ment command and control systems included in the Fam-
ily of Interoperable Pictures.
(c) 
CONSOLIDATED
PROGRAM
ELEMENTS.—All
funds for development and procurement related to the
Family of Interoperable Pictures shall be consolidated
under the office designated under subsection (a).
(d) PROGRAM DEVELOPMENT.—The head of the of-
fice designated under subsection (a), subject to the author-
ity, direction, and control of the Secretary of Defense,
shall—
(1) establish and control the performance speci-
fications for the battlefield management command
and control systems included in the Family of Inter-
operable Pictures;
(2) establish and control the standards for de-
velopment of the software and equipment for the
Family of Interoperable Pictures;
(3) establish and control the standards for op-
eration of the Family of Interoperable Pictures; and
(4) develop a single, unified concept of oper-
ations for all users of the Family of Interoperable
Pictures.
Subtitle E—Readiness Reporting
Requirements
SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE
OPERATION AND FINANCIAL SUPPORT FOR
MILITARY MUSEUMS.
(a) REPORT REQUIRED.—Chapter 23 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 489. Annual report on Department of Defense oper-
ation and financial support for military
museums
‘‘(a) REPORT REQUIRED.—As part of the budget ma-
terials submitted to Congress in connection with the sub-
mission of the budget for a fiscal year pursuant to section
1105 of title 31, but in no case later than March 15 of
each year, the Secretary of Defense shall submit a report
identifying all museums that, during the preceding fiscal
year—
‘‘(1) were operated by the Department of De-
fense or a military department; or
‘‘(2) were otherwise supported using funds ap-
propriated to the Department of Defense.
‘‘(b) CONTENT OF REPORT.—For each museum iden-
tified in a report under this section, the Secretary of De-
fense shall include in the report the following:
‘‘(1) The purpose and functions of the museum
and the justification for the museum
‘‘(2) A description of the facilities dedicated to
the museum.
‘‘(3) An itemized listing of the funds appro-
priated to the Department of Defense that were obli-
gated to support the museum during the fiscal year
covered by the report, as well as any other Federal
funds, funds from a nonappropriated fund instru-
mentality account of the Department of Defense,
and non-Federal funds obligated to support the mu-
seum.
‘‘(4) The number of civilian employees of the
Department of Defense who serve full-time or part-
time at the museum.
‘‘(5) The number of members of the armed
forces who serve full-time or part-time at the mu-
seum.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘489. Annual report on Department of Defense operation and financial support
for military museums.’’.
SEC. 342. REPORT ON DEPARTMENT OF DEFENSE PRO-
GRAMS FOR PREPOSITIONING OF MATERIAL
AND EQUIPMENT.
(a) SECRETARY OF DEFENSE ASSESSMENT AND RE-
PORT.—(1) The Secretary of Defense shall conduct an as-
sessment of the programs of the Department of Defense
for the prepositioning of material and equipment. Such as-
sessment shall particularly focus on how those programs
will be incorporated into achievement of the goals of the
Secretary of Defense (referred to as the ‘‘10–30–30’’
goals) for the Armed Forces to have the capability, from
the onset of a contingency situation, of deploying forces
to a distant theater within 10 days, defeating an enemy
within 30 days, and being ready for an additional conflict
within another 30 days.
(2) The Secretary shall submit to Congress a report
on such assessment not later than October 1, 2005.
(b) MATTERS TO BE INCLUDED.—The assessment
under subsection (a) shall include the prepositioning pro-
grams of each of the Armed Forces and of the United
States Special Operations Command as well as assessment
of each of the following:
(1) Use of prepositioned equipment as part of
Operation Iraqi Freedom and Operation Enduring
Freedom and potential solutions to identified chal-
lenges.
(2) Changes to doctrine, strategy, and transpor-
tation plans to support the goals of the Secretary
described in subsection (a) and referred to as the
10–30–30 goals in light of the current lift con-
straints facing both land and sea components of lift
as well as the emerging mobility requirements.
(3) Modifications of the prepositioning pro-
grams of the Armed Forces in order to adapt to
pending modularity concepts, future force structure
changes, and new sea basing concepts in relation to
current and potential areas of instability.
(4) Joint operations and training that include
theater opening requirements at potential aerial and
sea ports of debarkation, joint force reception capa-
bilities, joint theater distribution operations, and use
of joint prepositioned stocks and systems.
Subtitle F—Other Matters
SEC. 351. EXTENSION OF ARSENAL SUPPORT PROGRAM INI-
TIATIVE.
(a) DURATION OF PROGRAM.—Subsection (a) of sec-
tion 343 of the Floyd D. Spence National Defense Author-
ization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398; 10 U.S.C. 4551 note) is amended
by striking ‘‘2004’’ and inserting ‘‘2008’’.
(b) ADDITIONAL REPORT REQUIRED.—Subsection
(g) of such section is amended—
(1) in paragraph (1), by striking ‘‘2004’’ and
inserting ‘‘2008’’; and
(2) in paragraph (2), by striking ‘‘2003’’ and
inserting ‘‘2007’’.
SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTA-
TION OF MID-RANGE FINANCIAL IMPROVE-
MENT PLAN.
Amounts appropriated to the Department of Defense
for fiscal year 2005 for operation and maintenance may
not be obligated for the purpose of preparing or imple-
menting the Mid-Range Financial Improvement Plan until
the Secretary of Defense submits a report to the congres-
sional defense committees containing, for each of the mili-
tary departments and the Defense Agencies—
(1) an explanation of the manner in which
funds will be used for such purpose during that fis-
cal year; and
(2) an estimate of the costs for future fiscal
years to prepare and implement the plan.
SEC. 353. PROCUREMENT OF FOLLOW-ON CONTRACTS FOR
THE OPERATION OF FIVE CHAMPION-CLASS
T–5 TANK VESSELS.
The Secretary of the Navy may consider bids or pro-
posals for the follow-on contracts for the Department of
the Navy contracts for the operation of five Champion-
class T–5 tank vessels only from an entity that is a citizen
under section 2 of the Shipping Act, 1916 (46 App. U.S.C.
802).
SEC. 354. SENSE OF CONGRESS ON AMERICA’S NATIONAL
WORLD WAR I MUSEUM.
(a) FINDINGS.—The Congress finds as follows:
(1) The Liberty Memorial Museum in Kansas
City, Missouri, was built in 1926 in honor of those
individuals who served in World War I in defense of
liberty and the Nation.
(2) The Liberty Memorial Association, a non-
profit organization which originally built the Liberty
Memorial Museum, is responsible for the finances,
operations, and collections management of the Lib-
erty Memorial Museum.
(3) The Liberty Memorial Museum is the only
public museum in the Nation that exists for the ex-
clusive purpose of interpreting the experiences of the
United States and its allies in the World War I
years (1914–1918), both on the battlefield and on
the home front.
(4) The Liberty Memorial Museum project
began after the 1918 Armistice through the efforts
of a large-scale, grass-roots civic and fundraising ef-
fort by the citizens and veterans of the Kansas City
metropolitan area. After the conclusion of a national
architectural design competition, ground was broken
in 1921, construction began in 1923, and the Lib-
erty Memorial Museum was opened to the public in
1926.
(5) In 1994, the Liberty Memorial Museum
closed for a massive restoration and expansion
project. The restored museum reopened to the public
on Memorial Day, 2002, during a gala rededication
ceremony.
(6) Exhibits prepared for the original museum
buildings presaged the dramatic, underground ex-
pansion of core exhibition gallery space, with over
30,000 square feet of new interpretive and edu-
cational exhibits currently in development. The new
exhibits, along with an expanded research library
and archives, will more fully utilize the many thou-
sands of historical objects, books, maps, posters,
photographs, diaries, letters, and reminiscences of
World War I participants that are preserved for pos-
terity in the Liberty Memorial Museum’s collections.
The new core exhibition is scheduled to open on Vet-
erans Day, 2006.
(7) The City of Kansas City, the State of Mis-
souri, and thousands of private donors and philan-
thropic foundations have contributed millions of dol-
lars to build and later to restore this national treas-
ure. The Liberty Memorial Museum continues to re-
ceive the strong support of residents from the States
of Missouri and Kansas and across the Nation.
(8) Since the restoration and rededication of
2002, the Liberty Memorial Museum has attracted
thousands of visitors from across the United States
and many foreign countries.
(9) There remains a need to preserve in a mu-
seum setting evidence of the honor, courage, patriot-
ism, and sacrifice of those Americans who offered
their services and who gave their lives in defense of
liberty during World War I, evidence of the roles of
women and African Americans during World War I,
and evidence of other relevant subjects.
(10) The Liberty Memorial Museum seeks to
educate a diverse group of audiences through its
comprehensive collection of historical materials, em-
phasizing eyewitness accounts of the participants on
the battlefield and the home front and the impact of
World War I on individuals, then and now. The Lib-
erty Memorial Museum continues to actively acquire
and preserve such materials.
(11) A great opportunity exists to use the in-
valuable resources of the Liberty Memorial Museum
to teach the ‘‘Lessons of Liberty’’ to the Nation’s
schoolchildren through on-site visits, classroom cur-
riculum development, distance learning, and other
educational initiatives.
(12) The Liberty Memorial Museum should al-
ways be the Nation’s museum of the national experi-
ence in the World War I years (1914–1918), where
people go to learn about this critical period and
where the Nation’s history of this monumental
struggle will be preserved so that generations of the
21st century may understand the role played by the
United States in the preservation and advancement
of democracy, freedom, and liberty in the early 20th
century.
(13) This initiative to recognize and preserve
the history of the Nation’s sacrifices in World War
I will take on added significance as the Nation ap-
proaches the centennial observance of this event.
(14) It is fitting and proper to refer to the Lib-
erty Memorial Museum as ‘‘America’s National
World War I Museum’’.
(b) SENSE OF CONGRESS.—The Congress—
(1) recognizes the Liberty Memorial Museum in
Kansas City, Missouri, including the museum’s fu-
ture and expanded exhibits, collections, library, ar-
chives, and educational programs, as ‘‘America’s Na-
tional World War I Museum’’;
(2) recognizes that the continuing collection,
preservation, and interpretation of the historical ob-
jects and other historical materials held by the Lib-
erty Memorial Museum enhance the knowledge and
understanding of the Nation’s people of the Amer-
ican and allied experience during the World War I
years (1914–1918), both on the battlefield and on
the home front;
(3) commends the ongoing development and vis-
ibility of ‘‘Lessons of Liberty’’ educational outreach
programs for teachers and students throughout the
Nation; and
(4) encourages the need for present generations
to understand the magnitude of World War I, how
it shaped the Nation, other countries, and later
world events, and how the sacrifices made then
helped preserve liberty, democracy, and other found-
ing principles for generations to come.
TITLE IV—MILITARY
PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 2005, as follows:
(1) The Army, 482,400.
(2) The Navy, 365,900.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,700.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END
STRENGTH MINIMUM LEVELS.
Effective October 1, 2004, section 691(b) of title 10,
United States Code, is amended as follows:
(1) NAVY.—Paragraph (2) is amended by strik-
ing ‘‘373,800’’ and inserting ‘‘365,900’’.
(2) AIR FORCE.—Paragraph (4) is amended by
striking ‘‘359,300’’ and inserting ‘‘359,700’’.
SEC. 403. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR
OPERATIONAL SUPPORT.
During fiscal year 2005, the maximum number of
members of the reserve components of the Armed Forces
who may be serving at any time on full-time operational
support duty under section 115(b) of title 10, United
States Code, is the following:
(1) The Army National Guard of the United
States, 10,300.
(2) The Army Reserve, 5,000.
(3) The Naval Reserve, 6,200.
(4) The Marine Corps Reserve, 2,500.
(5) The Air National Guard of the United
States, 10,100.
(6) The Air Force Reserve, 3,600.
SEC. 404. ACCOUNTING AND MANAGEMENT OF RESERVE
COMPONENT PERSONNEL PERFORMING AC-
TIVE 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 ‘‘ac-
tive-duty personnel’’;
(2) in subsection (a)(1)(B), by inserting ‘‘unless
on active duty or full-time National Guard duty pur-
suant to subsection (b)’’ after ‘‘reserve personnel’’;
(3) by redesignating subsections (b), (c), (d),
(e), (f), (g) and (h) as subsections (c), (d), (e), (f),
(g), (h) and (i), respectively; and
(4) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE
AUTHORIZED BY LAW.—(1) Congress shall annually au-
thorize the maximum number of members of a reserve
component permitted to be on active duty or full-time Na-
tional Guard duty at any given time who are called or or-
dered to—
‘‘(A) active duty under section 12301(d) of this
title for the purpose of providing operational sup-
port, as prescribed in regulation issued by the Sec-
retary of Defense;
‘‘(B) full-time National Guard duty under sec-
tion 502(f)(2) of title 32 for the purpose of pro-
viding 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) 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 cap-
tive status; or
‘‘(E) active duty or retained on active duty
under 12301(h) or 12322 of this title for the pur-
pose 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 subpara-
graph (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 per-
formed by a member shall not be included:
‘‘(A) All periods of active duty performed by a
member who has not previously served in the Se-
lected Reserve of the Ready Reserve.
‘‘(B) All periods of active duty or full-time Na-
tional Guard duty for which the member is exempt
from strength accounting under paragraphs (1)
through (7) of subsection (i).’’.
(b) LIMITATION ON APPROPRIATIONS.—Subsection
(c) of such section (as redesignated by subsection (a)(3))
is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and
(3) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) the use of reserve component personnel to
perform active duty or full-time National Guard
duty under subsection (b) unless the strength for
such personnel for that reserve component for that
fiscal year has been authorized by law.’’.
(c) AUTHORITY
FOR
SECRETARY
OF
DEFENSE
VARIANCES IN MAXIMUM STRENGTHS.—Subsection (f) of
such section (as redesignated by subsection (a)(2)) 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 para-
graph (3) and inserting ‘‘; and’’; and
(4) by adding at the end the following new
paragraph:
‘‘(4) increase the maximum strength authorized pur-
suant to subsection (b)(1) for a fiscal year for certain re-
serves 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 sub-
section (a)(3)) is amended—
(A) in paragraph (1), by striking ‘‘sub-
section (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)’’;
(ii) by striking ‘‘pursuant to sub-
section (e)) and subsection (c)’’ and insert-
ing ‘‘pursuant to subsection (f)) and sub-
section (d)’’ each place it appears.
(2) Subsection (g) (as redesignated by sub-
section (a)(3)) is amended by striking ‘‘subsection
(e)(1)’’ in paragraph (2) and inserting ‘‘subsection
(f)(1)’’.
(3) Subsection (i) (as redesignated by sub-
section (a)(3)) is amended to read as follows:
‘‘(i) CERTAIN PERSONNEL EXCLUDED FROM COUNT-
ING FOR ACTIVE-DUTY END STRENGTHS.—In counting
personnel for the purpose of the end strengths authorized
pursuant to subsection (a)(1), persons in the following cat-
egories 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 ac-
tive status ordered to active duty under section
12301(b) of this title.
‘‘(3) Members of the Ready Reserve ordered to
active duty under section 12302 of this title.
‘‘(4) Members of the Selected Reserve of the
Ready Reserve or members of the Individual Ready
Reserve mobilization category described in section
10144(b) of this title ordered to active duty under
section 12304 of this title.
‘‘(5) Members of the National Guard called into
Federal service under section 12406 of this title.
‘‘(6) Members of the militia called into Federal
service under chapter 15 of this title.
‘‘(7) Members of reserve components on active
duty for training.
‘‘(8) Members of the Selected Reserve of the
Ready Reserve on active duty to support programs
described in section 1203(b) of the Cooperative
Threat Reduction Act of 1993 (22 U.S.C. 5952(b)).
‘‘(9) Members of the National Guard on active
duty or full-time National Guard duty for the pur-
pose of carrying out drug interdiction and counter-
drug activities under section 112 of title 32.
‘‘(10) Members of a reserve component on ac-
tive duty under section 10(b)(2) of the Military Se-
lective Service Act (50 U.S.C. App. 460(b)(2)) for
the administration of the Selective Service System.
‘‘(11) Members of the National Guard on full-
time National Guard duty for the purpose of pro-
viding command, administrative, training, or support
services for the National Guard Challenge Program
authorized by section 509 of title 32.’’.
(e) MILITARY TO MILITARY CONTACT STRENGTH AC-
COUNTING.—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 author-
ized under this section shall not be counted for purposes
of the following personnel strength limitations:
‘‘(1) The end strength for active-duty personnel
authorized pursuant to section 115(a)(1) of this title
for the fiscal year in which the member carries out
the activities referred to under this section.
‘‘(2) The authorized daily average for members
in pay grades E–8 and E–9 under section 517 of
this title for the calendar year in which the member
carries out such activities.
(3) The authorized strengths for commissioned
officers under section 523 of this title for the fiscal
year in which the member carries out such activities.
(f) E–8 AND E–9 STRENGTH ACCOUNTING.—Sub-
section (a) of section 517 of such title is amended by strik-
ing ‘‘(other than for training) in connection with orga-
nizing, 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 ACCOUNT-
ING.—(1) Paragraph (1) of section 523(b) of such title
is amended to read as follows:
‘‘(A) on active duty as authorized under
section 115(a)(1)(B) or 115(b)(1) of this title,
or excluded from counting for active duty end
strengths under section 115(i) of this title;
‘‘(B) on active duty under section 10211,
10302 through 10305, or 12402 of this title or
under section 708 of title 32; or
‘‘(C) on full-time National Guard duty.’’;
and
(2) Paragraph (7) of section 523(b) is amended by
striking ‘‘Reserve or retired officers’’ and inserting ‘‘Re-
tired officers’’.
(h) ACTIVE GUARD AND RESERVE FIELD GRADE OF-
FICER STRENGTH ACCOUNTING.—Paragraph (2) of sec-
tion 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 EXCLU-
SION.—Paragraph (1) of section 582 of such title is
amended to read as follows:
‘‘(1) Reserve warrant officers—
‘‘(A) on active duty as authorized under
section 115(a)(1)(B) or 115(b)(1) of this title,
or excluded from counting for active duty end
strengths under section 115(i) of this title; or
‘‘(B) on full-time National Guard duty.’’.
(j) OFFICER ACTIVE-DUTY LIST, APPLICABILITY OF
CHAPTER.—Paragraph (1) of section 641 of such is
amended to read as follows:
‘‘(1) Reserve officers—
‘‘(A) on active duty authorized under sec-
tion 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 PER-
FORMING DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES.—Section 112 of title 32, United States Code,
is amended—
(1) by striking subsection (e);
(2) by redesignating subsections (f), (g), (h)
and (i) as subsections (e), (f), (g) and (h) respec-
tively; and
(3) in paragraph (1) of subsection (e), as redes-
ignated 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 Sec-
retary of Defense shall report to the Committee on Armed
Services of the Senate and the Committee on Armed Serv-
ices of the House of Representatives the Secretary’s rec-
ommendations regarding the exemptions provided in para-
graphs (8) through (11) by section 115(i) of title 10,
United States Code, as amended by this section. The rec-
ommendations shall address the manner in personnel cov-
ered by those exemptions shall be accounted for in author-
izations provided by section 115 of such title. The objec-
tive of the analysis should be to terminate the need for
such exemptions after September 30, 2006.
(m) REGULATIONS.—The Secretary of Defense shall
prescribe by regulation the meaning of the term ‘‘oper-
ational support’’ for purposes of paragraph (1) of sub-
section (b) of section 115 of title 10, United States Code,
as added by subsection (a).
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 com-
ponent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized 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 partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased pro-
portionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section
411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 2005, the following num-
ber 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, re-
cruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United
States, 26,476.
(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, 12,225.
(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 re-
serve components of the Army and the Air Force (notwith-
standing 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 pro-
vided 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 em-
ployed by the Army Reserve as of September 30, 2005,
may not exceed 795.
(3) The number of non-dual status technicians em-
ployed by the Air Force Reserve as of September 30,
2005, may not exceed 90.
100
(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.
Subtitle C—Authorizations of
Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal
year 2005 a total of $104,647,558,000. The authorization
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 2005.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fis-
cal year 2005 from the Armed Forces Retirement Home
Trust Fund the sum of $61,195,000 for the operation of
the Armed Forces Retirement Home.
101
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—General and Flag
Officer Matters
SEC. 501. LENGTH OF SERVICE FOR SERVICE CHIEFS.
(a) CHIEF OF STAFF OF THE ARMY.—Paragraph (1)
of section 3033(a) of title 10, United States Code, is
amended—
(1) by striking ‘‘for a period of four years’’ in
the first sentence; and
(2) by striking the second and third sentences
and inserting the following: ‘‘The Chief of Staff
serves at the pleasure of the President for a term of
four years. The President may extend the service of
an officer as Chief of Staff for an additional period
of not to exceed two years. In time of war or during
a national emergency declared by Congress, the
President may extend the service of an officer as
Chief of Staff for such additional periods as the
President determines necessary, except that the total
period of an officer’s service as Chief of Staff may
not exceed eight years.’’.
(b) CHIEF OF NAVAL OPERATIONS.—Paragraph (1)
of section 5033(a) of such title is amended by striking the
third and fourth sentences and inserting the following:
104
SEC. 503. INCREASE IN AGE LIMIT FOR DEFERRAL OF MAN-
DATORY RETIREMENT FOR UP TO 10 SENIOR
GENERAL AND FLAG OFFICERS.
Section 1251(b) of title 10, United States Code, is
amended by striking ‘‘64 years of age’’ and inserting ‘‘66
years of age’’.
SEC. 504. INCREASED FLEXIBILITY FOR VOLUNTARY RE-
TIREMENT FOR MILITARY OFFICERS.
(a) IN GENERAL.—Section 1370 of title 10, United
States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘except as provided in
paragraph (2)’’ and inserting ‘‘subject to
paragraphs (2) and (3)’’; and
(ii) by striking ‘‘, for not less than six
months’’;
(B) by redesignating paragraph (3) as
paragraph (4); and
(C) by striking paragraph (2) and insert-
ing the following:
‘‘(2) In order to be eligible for voluntary retirement
under this title in a grade below the grade of lieutenant
colonel or commander, a commissioned officer of the
Army, Navy, Air Force, or Marine Corps covered by para-
105
graph (1) must have served on active duty in that grade
for not less than six months.
‘‘(3)(A) In order to be eligible for voluntary retire-
ment in a grade above major or lieutenant commander and
below brigadier general or rear admiral (lower half), a
commissioned officer of the Army, Navy, Air Force, or
Marine Corps covered by paragraph (1) must have served
on active duty in that grade for not less than three years,
except that the Secretary of Defense may authorize the
Secretary of the military department concerned to reduce
such period to a period not less than two years.
‘‘(B) In order to be eligible for voluntary retirement
in a grade above colonel or captain, in the case of the
Navy, a commissioned officer of the Army, Navy, Air
Force, or Marine Corps covered by paragraph (1) must
have served on active duty in that grade for not less than
one year.
‘‘(C) An officer in a grade above major general or
rear admiral may be retired in the highest grade in which
the officer served on active duty satisfactorily for not less
than one year, upon approval by the Secretary of the mili-
tary department concerned and concurrence by the Sec-
retary of Defense. The function of the Secretary of De-
fense under the preceding sentence may only be delegated
to a civilian official in the Office of the Secretary of De-
106
fense appointed by the President, by and with the advice
and consent of the Senate.
‘‘(D) The President may waive subparagraph (A),
(B) or (C) in individual cases involving extreme hardship
or exceptional or unusual circumstances. The authority of
the President under the preceding sentence may not be
delegated.’’;
(2) in subsection (b), by inserting ‘‘or whose
service on active duty in that grade was not deter-
mined to be satisfactory by the Secretary of the mili-
tary department concerned’’ after ‘‘specified in sub-
section (a)’’;
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as sub-
section (c) and in that subsection—
(A) in paragraph (3)—
(i) in subparagraph (A)—
(I) 
by 
inserting 
‘‘(i)’’ 
after
‘‘(3)(A)’’;
(II) by inserting ‘‘and below brig-
adier general or rear admiral (lower
half)’’ after ‘‘lieutenant commander’’;
(III) by inserting ‘‘, except that
the Secretary of Defense may author-
ize the Secretary of the military de-
107
partment concerned to reduce such
period to a period not less than two
years’’ after ‘‘three years’’; and
(IV) by adding at the end the fol-
lowing new clauses:
‘‘(ii) In order to be credited with satisfactory service
in a grade above colonel or captain, in the case of the
Navy, a person covered by paragraph (1) must have served
satisfactorily in that grade (as determined by the Sec-
retary of the military department concerned) as a reserve
commissioned officer in active status, or in a retired status
on active duty, for not less than one year.
‘‘(iii) An officer covered by paragraph (1) who is in
a grade above the grade of major general or rear admiral
may be retired in the highest grade in which the officer
served satisfactorily for not less than one year, upon ap-
proval by the Secretary of the military department con-
cerned and concurrence by the Secretary of Defense. The
function of the Secretary of Defense under the preceding
sentence may only be delegated to a civilian official in the
Office of the Secretary of Defense appointed by the presi-
dent, by and with the advice and consent of the Senate.’’;
(ii) in subparagraphs (D) and (E), by
striking subparagraph (A)’’ and inserting
‘‘subparagraph (A)(i)’’; and
108
(iii) by striking subparagraph (F);
and
(B) by striking paragraphs (5) and (6);
and
(5) by striking subsection (e).
(b) 
CONFORMING
AMENDMENTS.—Section
1406(i)(2) of such title is amended—
(1) in the paragraph heading, by striking
‘‘MEMBERS’’ and all that follows through ‘‘SATISFAC-
TORILY’’ and inserting ‘‘ENLISTED
MEMBERS
RE-
DUCED IN GRADE’’;
(2) by striking ‘‘a member’’ and inserting ‘‘an
enlisted member’’;
(3) by striking ‘‘1998—’’ and all that follows
through ‘‘is reduced in’’ and inserting ‘‘1998, is re-
duced in’’;
(4) by striking ‘‘; or’’ and inserting a period;
and
(5) by striking subparagraph (B).
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to the determination
of the retired grade of members of the Armed Forces retir-
ing on or after the date of the enactment of this Act.
109
SEC. 505. REPEAL OF REQUIREMENT THAT NO MORE THAN
50 PERCENT OF ACTIVE DUTY GENERAL AND
FLAG OFFICERS BE IN GRADES ABOVE BRIG-
ADIER 
GENERAL 
AND 
REAR 
ADMIRAL
(LOWER HALF).
(a) REPEAL
OF DISTRIBUTION REQUIREMENT.—
Subsection (a) of section 525 of title 10, United States
Code, is repealed.
(b) REORGANIZATION OF SECTION.—Such section is
further amended—
(1) by striking ‘‘(b)(1) No appointment’’ and
inserting ‘‘(a) LIMITATION ON NUMBER OF GEN-
ERAL AND FLAG OFFICERS IN SENIOR GRADES.—
(1) No appointment’’; and
(2) by striking ‘‘(3) An officer’’ and inserting
‘‘(b) SPECIAL RULES AND EXCEPTIONS.—(1) An of-
ficer’’; and
(3) by redesignating paragraphs (4), (5), (6),
(7), and (8) as paragraphs (2), (3), (4), (5), and
(6), respectively.
(c) CONFORMING AMENDMENTS.—(1) Subsection (b)
of such section (as designated by subsection (a)(2)) is
amended as follows:
(A) Paragraph (1) (as redesignated by sub-
section (a)(2)), paragraph (2)(A) (as redesignated
by subsection (a)(3)), and paragraph (6) (as redesig-
110
nated by subsection (a)(3)) are amended by striking
‘‘paragraph (1) or (2)’’ and inserting ‘‘subsection
(a)’’.
(B) Paragraph (3)(A) (as so redesignated) is
amended by striking ‘‘under the first sentence of
paragraph (1) or (2), as applicable’’ and inserting
‘‘under subsection (a)’’.
(C) Paragraph (4) (as so redesignated) and the
first and third sentences of paragraph (5) (as so re-
designated) are amended by striking ‘‘paragraph
(1)’’ and inserting ‘‘subsection (a)(1)’’.
(D) The second sentence of paragraph (5) (as
so redesignated) is amended by striking ‘‘paragraph
(1) or (2)’’ and inserting ‘‘subsection (a)(2)’’.
(2) Subsection (c) of such section is amended—
(A) by striking ‘‘(c)(1)’’ and inserting ‘(c) ‘RE-
ALLOCATION AUTHORITY.—(1)’’;
(B) in paragraph (1)(A), by striking ‘‘sub-
section (b)(1)’’ and inserting ‘‘subsection (a)(1)’’;
(C) in paragraph (1)(B), by striking ‘‘sub-
section (b)(2)’’ and inserting ‘‘subsection (a)(2)’’;
and
(D) in paragraph (3)(A), by striking ‘‘sub-
section (b)’’ and inserting ‘‘subsections (a) and (b)’’.
111
(3) Subsection (d) of such section is amended
by inserting ‘‘SPECIAL RULE FOR OFFICERS FOR-
MERLY
ON JOINT CHIEFS
OF STAFF.—’’ after
‘‘(d)’’.
(d) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 525. Distribution in grade: general and flag officers
on active duty’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 32 of such title is
amended to read as follows:
‘‘525. Distribution in grade: general and flag officers on active duty.’’.
SEC. 506. REVISION TO TERMS FOR ASSISTANTS TO THE
CHAIRMAN OF THE JOINT CHIEFS OF STAFF
FOR NATIONAL GUARD AND RESERVE MAT-
TERS.
(a) CODIFICATION
AND REVISION.—Chapter 5 of
title 10, United States Code, is amended by adding at the
end a new section 156 consisting of—
(1) the following section heading:
‘‘§ 156. Assistants to the Chairman for National
Guard matters and for Reserve matters’’;
and
(2) a text consisting of the text of subsections
(a) through (f)(1) of section 901 of the National De-
112
fense Authorization Act for Fiscal Year 1998 (10
U.S.C. 155 note), revised—
(A) in subsection (c), by deleting ‘‘two
years’’ and inserting ‘‘four years’’; and
(B) in subsection (f), by deleting ‘‘(1)’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘156. Assistants to the Chairman for National Guard members and for Reserve
matters.’’.
(c) CONFORMING REPEAL.—Section 901 of the Na-
tional Defense Authorization Act for Fiscal Year 1998 (10
U.S.C. 155 note) is repealed.
SEC. 507. SUCCESSION FOR POSITION 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 fol-
lowing new subsection:
‘‘(e) SUCCESSION.—(1) Unless otherwise directed by
the President or Secretary of Defense, when there is a
vacancy in the office of the Chief of the National Guard
Bureau or in the event the Chief of the National Guard
Bureau is unable to perform the duties of that office, the
senior of the officers specified in paragraph (2) shall serve
as the acting Chief until a successor is appointed or the
113
Chief once again is able to perform the duties of that of-
fice.
‘‘(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 Na-
tional Guard Bureau.
‘‘(B) The senior officer of the Air National
Guard of the United States on duty with the Na-
tional Guard Bureau.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 10502. Chief of the National Guard Bureau: ap-
pointment; 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) REPEALER.—Subsections (d) and (e) of section
10505 of such title are repealed.
114
SEC. 508. TITLE OF VICE CHIEF OF THE NATIONAL GUARD
BUREAU CHANGED TO DIRECTOR OF THE
JOINT STAFF OF THE NATIONAL GUARD BU-
REAU.
(a) IN GENERAL.—Section 10505 of title 10, United
States Code, as amended by section 507(c), is amended
by striking ‘‘Vice Chief of the National Guard Bureau’’
each place it appears in subsections (a), (b), and (c) and
inserting ‘‘Director of the Joint Staff of the National
Guard Bureau’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section 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.’’.
SEC. 509. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE
REQUIREMENT THAT RESERVE CHIEFS AND
NATIONAL GUARD DIRECTORS HAVE SIGNIFI-
CANT JOINT DUTY EXPERIENCE.
(a) EXTENSION.—Sections 3038(b)(4), 5143(b)(4),
5144(b)(4), 8038(b)(4), and 10506(a)(3)(D) of title 10,
United States Code, are amended by striking ‘‘December
31, 2004,’’ and inserting ‘‘December 31, 2006,’’.
115
(b) FUTURE COMPLIANCE.—Not later than one year
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committee on Armed Serv-
ices of the House of Representatives and the Committee
on Armed Services of the Senate a plan for ensuring that
all officers selected after December 31, 2006, for rec-
ommendation for appointment as a Reserve chief or Na-
tional Guard director have significant joint duty experi-
ence, as required by law, and may be so recommended
without requirement for a wavier of such requirement.
Such plan shall be developed in coordination with the
Chairman of the Joint Chiefs of Staff.
SEC. 510. REPEAL OF DISTRIBUTION REQUIREMENTS FOR
NAVAL RESERVE FLAG OFFICERS.
Subsection (c) of 12004 of title 10, United States
Code, is amended—
(1) by striking ‘‘(1)’’ after ‘‘(c)’’; and
(2) by striking the second sentence and all that
follows through the end of the subsection.
Subtitle B—Other Officer
Personnel Policy Matters
SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER
FORCE TO ALL REGULAR STATUS.
(a) REPEAL OF REQUIREMENT THAT ACTIVE-DUTY
OFFICERS SERVE IN A RESERVE COMPONENT FOR AT
116
LEAST ONE YEAR BEFORE RECEIVING A REGULAR COM-
MISSION.—Section 532 of title 10, United States Code, is
amended by striking subsection (e).
(b) REVISION TO QUALIFICATIONS FOR ORIGINAL
APPOINTMENT AS A COMMISSIONED OFFICER.—(1) Sec-
tion 532 of such title is further amended by adding at
the end the following new subsection:
‘‘(f) The Secretary of Defense may waive the require-
ment 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 deter-
mines that the national security so requires, but only for
an original appointment in a grade below the grade of
major or lieutenant commander.’’.
(2) Section 619(d) of such title is amended by adding
at the end the following new paragraph:
‘‘(5) An officer of the Army, Air Force, or Ma-
rine Corps in the grade of captain, or of the Navy
in the grade of lieutenant, who is not a citizen of the
United States.’’.
(c) REPEAL OF LIMITATIONS ON TOTAL STRENGTH
OF REGULAR COMMISSIONED OFFICERS
ON ACTIVE-
DUTY.—Section 522 of such title is repealed. The table
of sections at the beginning of chapter 31 of such title
is amended by striking the item relating to that section.
117
(d) AUTHORITY FOR ORIGINAL APPOINTMENT OF
REGULAR OFFICERS IN JUNIOR GRADES TO BE MADE BY
PRESIDENT ALONE.—Section 531(a) of such title is
amended to read as follows:
‘‘(a)(1) Original appointments in the grades of sec-
ond 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 lieu-
tenant 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, Reg-
ular 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.’’.
(e) TERMINATION OF REQUIREMENT OF 6 YEARS
SERVICE IN A RESERVE COMPONENT FOR NONREGULAR
SERVICE
RETIREMENT
ELIGIBILITY.—(1) 
Section
12731(a)(3) of such title is amended by inserting after
‘‘(3)’’ the following: ‘‘in the case of a person who com-
pleted the service requirements of paragraph (2) before
the date of the enactment of the National Defense Author-
ization Act for Fiscal Year 2005,’’.
118
(f) ALL REGULAR OFFICER APPOINTMENTS
FOR
STUDENTS
ATTENDING
UNIVERSITY
OF
HEALTH
SCIENCES.—Section 2114(b) of such title is amended by
striking the first two sentences and inserting the following:
‘‘They shall be appointed in a regular component of the
uniformed services and shall serve on active duty as a sec-
ond lieutenant or ensign (or the equivalent).’’.
SEC. 512. MANDATORY RETENTION ON ACTIVE DUTY TO
QUALIFY FOR RETIREMENT PAY.
Section 12686(a) of title 10, United States Code, is
amended by inserting ‘‘(other than the retirement system
under chapter 1223 of this title)’’ after ‘‘retirement sys-
tem’’.
SEC. 513. DISTRIBUTION IN GRADE OF MARINE CORPS RE-
SERVE OFFICERS IN AN ACTIVE STATUS IN
GRADES BELOW BRIGADIER GENERAL
The table in section 12005(c)(1) of title 10, United
States Code, is amended to read as follows:
‘‘Colonel ....................................................................................
2 percent
Lieutenant colonel ....................................................................
8 percent
Major ........................................................................................
16 percent
Captain .....................................................................................
39 percent
First lieutenant and second lieutenant (when combined with
the number authorized for general officer grades under sec-
tion 12004 of this title) ........................................................
35 percent.’’.
SEC. 514. TUITION ASSISTANCE FOR OFFICERS.
(a) AUTHORITY TO REDUCE
OR WAIVE ACTIVE
DUTY SERVICE OBLIGATION.—Subsection (b) of section
2007 of title 10, United States Code, is amended—
119
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by inserting ‘‘or full-time National Guard
duty’’ after ‘‘active duty’’ each place it appears; and
(2) by adding at the end the following new
paragraph:
‘‘(2) Notwithstanding paragraph (1), the Secretary of
the military department may reduce or waive the active
duty service obligation—
‘‘(A) in the case of a commissioned officer who
is subject to mandatory separation;
‘‘(B) in the case of a commissioned officer who
has completed the period of active duty service in
support of a contingency operation; or
‘‘(C) in other exigent circumstances as deter-
mined by the Secretary.’.
(b). INCREASE IN TUITION ASSISTANCE AUTHOR-
IZED
FOR ARMY OFFICERS
IN
THE SELECTED RE-
SERVE.—Paragraph (1) of section 2007(c) of title 10,
United States Code, is amended to read as follows:
‘‘(1) Subject to paragraphs (2) and (3), the Secretary
of the Army may pay the charges of an educational insti-
tution for the tuition or expenses of an officer in the Se-
lected Reserve of the Army National Guard or the Army
Reserve for education or training of such officer.’’.
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(c) EFFECTIVE DATE.—The amendment made by
subsection (a) may, at the discretion of the Secretary con-
cerned, be applied to a service obligation incurred by an
officer serving on active duty as of the date of the enact-
ment of this Act.
Subtitle C—Reserve Component
Matters
SEC. 521. REVISION TO STATUTORY PURPOSE OF THE RE-
SERVE COMPONENTS.
Subsection 10102 of title 10, United States Code, is
amended by striking ‘‘, during’’ and all that follows
through ‘‘planned mobilization,’’.
SEC. 522. IMPROVED ACCESS TO RESERVE COMPONENT
MEMBERS FOR ENHANCED TRAINING.
(a) RESERVE COMPONENTS GENERALLY.—Section
12301 of title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘(other than
for training)’’;
(2) in subsection (c)—
(A) in the first sentence, by striking
‘‘(other than for training)’’ and inserting ‘‘as
provided in subsection (a)’’; and
(B) in the second sentence, by striking
‘‘ordered to active duty (other than for train-
121
ing)’’ and inserting ‘‘so ordered to active duty’’;
and
(3) in subsection (e), by striking ‘‘(other than
for training)’’ and inserting ‘‘as provided in sub-
section (a)’’.
(b) READY RESERVE.—Section 12302 of such title
is amended by striking ‘‘(other than for training)’’ in sub-
sections (a) and (c).
(c) ORDER TO ACTIVE DUTY OTHER THAN DURING
WAR OR NATIONAL EMERGENCY.—Section 12304(a) of
such title is amended by striking ‘‘(other than for train-
ing)’’.
(d) STANDBY RESERVE.—Section 12306 of such title
is amended—
(1) in subsection (a), by striking ‘‘(other than
for training) only’’; and
(2) in subsection (b), by striking ‘‘(other than
for training)’’ in paragraphs (1) and (2) and insert-
ing ‘‘as provided in section 12301(a) of this title’’.
(d) STANDBY RESERVE.—Section 12306 of such title
is amended by striking ‘‘(other than for training)’’ each
place it appears and inserting ‘‘as provided in section
12301(a)’’.
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(1) in paragraph (2), by striking ‘‘The Sec-
retary’’ in the first sentence and inserting ‘‘Except
as provided in paragraph (3), the Secretary of De-
fense’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) In the case of a commitment made by the Sec-
retary of Defense after the date of the enactment of this
paragraph to repay a loan under paragraph (1) condi-
tioned upon the performance by the borrower of service
as an enlisted member under paragraph (2), the Secretary
shall repay the loan for service performed by the borrower
as an officer (rather than as an enlisted member) in the
case of a borrower who, after such commitment is entered
into and while performing service as an enlisted member,
accepts an appointment or commission as a warrant offi-
cer or commissioned officer of the Selected Reserve.’’.
(b) LIMITATION
ON FISCAL YEAR 2005 OBLIGA-
TIONS.—During fiscal year 2005, obligations incurred
under section 16301 of title 10, United States Code, as
amended by subsection (a), to make loan repayments on
behalf of members of the reserve components who accept
an appointment or commission as a warrant officer or
commissioned officer of the Selected Reserve may not ex-
ceed $1,000,000.
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(c) CONFORMING AMENDMENTS.—(1) Section 662 of
such title is amended—
(A) in subsection (a), by inserting ‘‘on the ac-
tive-duty list’’ after ‘‘qualifications of officers’’ in the
matter preceding paragraph (1); and
(B) in subsection (b), by inserting ‘‘on the ac-
tive-duty list’’ after ‘‘preceding fiscal year of offi-
cers’’ in the first sentence.
(2)(A) The heading of such section is amended to
read as follows:
‘‘§ 662. Promotion policy objectives for joint officers
on the active-duty list’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 38 of such title is
amended to read as follows:
‘‘662. Promotion policy objectives for joint officers on the active-duty list.’’.
(d) ANNUAL REPORT TO CONGRESS.—(1) Section
667 of such title is amended—
(A) by redesignating paragraph (18) as para-
graph (19); and
(B) by inserting after paragraph (17) the fol-
lowing new paragraph (18):
‘‘(18) The implementation of authority under
section 661 of this title to certify reserve component
officers as joint specialty officers, together with the
362
Subtitle C—Other Acquisition
Matters
SEC. 821. SUSTAINMENT AND MODERNIZATION PLANS FOR
EXISTING SYSTEMS WHILE REPLACEMENT
SYSTEMS ARE UNDER DEVELOPMENT.
(a) EXISTING SYSTEMS TO BE MAINTAINED WHILE
REPLACEMENT SYSTEMS ARE UNDER DEVELOPMENT.—
(1) Chapter 144 of title 10, United States Code, is amend-
ed by inserting after section 2436 the following new sec-
tion:
‘‘§ 2437. Development of major defense acquisition
programs: sustainment and moderniza-
tion of system to be replaced
‘‘(a) REQUIREMENT FOR SUSTAINING AND MODERN-
IZING EXISTING FORCES.—(1) The Secretary of Defense
shall require that, whenever a new major defense acquisi-
tion program begins development, the defense acquisition
authority responsible for that program shall develop a plan
(to be known as a sustainment and modernization plan)
for the existing system that the system under development
is intended to replace. Any such sustainment and mod-
ernization plan shall provide for budgeting, sustaining,
and modernizing the existing system until the replacement
system to be developed under the major defense acquisi-
tion program is fielded and assumes the majority responsi-