IB 
Union Calendar No. 278 
108TH CONGRESS 
2D SESSION 
H. R. 4200 
[Report No. 108–491] 
To authorize appropriations for fiscal year 2005 for military activities of 
the Department of Defense, to prescribe military personnel strengths 
for fiscal year 2005, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2004 
Mr. HUNTER (for himself and Mr. SKELTON) (both by request) introduced the 
following bill; which was referred to the Committee on Armed Services 
MAY 14, 2004 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 22, 2004] 
A BILL 
To authorize appropriations for fiscal year 2005 for military 
activities of the Department of Defense, to prescribe 
military personnel strengths for fiscal year 2005, and 
for other purposes. 
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 Author-
izations. 
(2) Division B—Military Construction Author-
izations. 
(3) Division C—Department of Energy National 
Security Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; 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 con-
versions 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 program. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and 
Limitations 
Sec. 211. Future Combat Systems program strategy. 
Sec. 212. Collaborative program for research and development of vacuum elec-
tronics technologies. 
Sec. 213. Annual Comptroller General report on Joint Strike Fighter program. 
Sec. 214. Amounts for United States Joint Forces Command to be derived only 
from Defense-wide amounts. 
Sec. 215. Authority of Director of Defense Research and Engineering to award 
prizes for advanced technology achievements. 
Sec. 216. Space Based Radar. 
Sec. 217. Mark–54 Torpedo Product Improvement Program. 
Subtitle C—Missile Defense 
Sec. 221. Fielding of ballistic missile defense capabilities. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and Maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Other Department of Defense programs. 
Sec. 304. Reimbursement of members of the Armed Forces who purchased protec-
tive body armor during shortage of defense stocks of body armor. 
Subtitle B—Environmental Provisions 
Sec. 311. Report regarding encroachment issues affecting Utah Test and Training 
Range, Utah. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Simplification of annual reporting requirements concerning funds 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 con-
ditions for obligation of funds for defense business system mod-
ernization. 
Sec. 333. Establishment of joint program office to improve interoperability of bat-
tlefield 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 mate-
rial 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 Champion- 
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 performing 
active duty or full-time National Guard duty for operational 
support. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2005 limitation on number of non-dual status technicians. 
Subtitle C—Authorizations of Appropriations 
Sec. 421. Military personnel. 
Sec. 422. Armed Forces Retirement Home. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—General and Flag Officer Matters 
Sec. 501. Length of service for service chiefs. 
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs of Naval 
Operations be selected from officers in the line of the Navy.
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 gen-
eral 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 sta-
tus in grades below brigadier general 
Sec. 514. Tuition assistance for officers. 
Subtitle C—Reserve Component Matters 
Sec. 521. Revision to statutory purpose of the reserve components. 
Sec. 522. Improved access to reserve component members for enhanced training. 
Sec. 523. Status under disability retirement system for reserve members released 
from active duty due to inability to perform within 30 days of 
call to active duty. 
Sec. 524. Federal civil service military leave for Reserve and National Guard ci-
vilian technicians. 
Sec. 525. Expanded educational assistance authority for officers commissioned 
through ROTC program at military junior colleges. 
Sec. 526. Effect of appointment or commission as officer on eligibility for Selected 
Reserve education loan repayment program for enlisted mem-
bers. 
Sec. 527. Number of Starbase academies in a State. 
Sec. 528. Comptroller General assessment of integration of active and reserve 
components of the Navy. 
Sec. 529. Operational activities conducted by the National Guard under authority 
of title 32. 
Sec. 530. Army program for assignment of active component advisers to units of 
the Selected Reserve. 
Subtitle D—Joint Officer Management 
Sec. 531. Strategic plan to link joint officer development to overall missions and 
goals of Department of Defense. 
Sec. 532. Joint requirements for promotion to flag or general officer grade. 
Sec. 533. Clarification of tours of duty qualifying as a joint duty assignment. 
Sec. 534. Reserve joint special officer qualification requirements.
Subtitle E—Professional Military Education 
Sec. 541. Improvement to professional military education in the Department of 
Defense. 
Sec. 542. Ribbons to recognize completion of joint professional military education. 
Sec. 543. Increase in number of private-sector civilians who may be enrolled for 
instruction at National Defense University. 
Sec. 544. Requirement for completion of Phase I joint professional military edu-
cation 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 Commu-
nity College of the Air Force with authority for other schools of 
Air University. 
Sec. 553. Change in titles of heads of the Naval Postgraduate School. 
Sec. 554. Increase from two years to three years in period for which educational 
leave of absence may be authorized. 
Sec. 555. Correction to disparate treatment of disabilities sustained during acces-
sion 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. 
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 gen-
eral in the Army. 
Subtitle H—Military Justice Matters 
Sec. 571. Review on how sexual offenses are covered by Uniform Code of Military 
Justice. 
Sec. 572. Service time not lost when confined in connection with trial if confine-
ment excused as unavoidable. 
Sec. 573. Clarification of authority of military legal assistance counsel to provide 
military legal assistance without regard to licensing require-
ments. 
Subtitle I—Administrative and Management Matters 
Sec. 581. Three-year extension of limitation on reductions of personnel of agencies 
responsible for review and correction of military records.
Sec. 582. Staffing and funding for Defense Prisoner of War/Missing Personnel of-
fice (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 di-
rective 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 offi-
cers appointed from former Coast Guard personnel. 
Sec. 589. Study of blended wing concept for the Air Force. 
Sec. 590. Continuation of impact aid assistance on behalf of dependents of certain 
members despite change in status of member. 
Subtitle J—Other Matters 
Sec. 591. Employment preferences for spouses of certain Department of Defense 
civilian employees subject to relocation agreements. 
Sec. 592. Repeal of requirement to conduct electronic voting demonstration project 
for the Federal election to be held in November 2004. 
Sec. 593. Examination of sexual assault in the Armed Forces by the defense task 
force established to examine sexual harassment and violence at 
the military service academies. 
Sec. 594. Renewal of pilot program for treating GED and home school diploma 
recipients as high school graduates for determinations of eligi-
bility for enlistment. 
Sec. 595. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian 
employees. 
Sec. 596. Senior Reserve Officer Training Corps and recruiter access at institu-
tions of higher education. 
Sec. 597. Reports on transformation milestones. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL 
BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Increase in basic pay for fiscal year 2005. 
Sec. 602. Authority to provide family separation basic allowance for housing. 
Sec. 603. Geographic basis for basic allowance for housing during short changes 
of station for professional military education or training. 
Sec. 604. Immediate lump-sum reimbursement for unusual nonrecurring expenses 
incurred by members serving outside continental United States. 
Sec. 605. Income replacement payments for Reserves experiencing extended and 
frequent mobilization for active duty service. 
Sec. 606. Authority for certain members deployed in combat zones to receive lim-
ited 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 reg-
ular and reserve components. 
Sec. 616. Revision of authority to provide foreign language proficiency pay. 
Sec. 617. Eligibility of reserve component members for critical skills retention 
bonus and expansion of authority to provide bonus. 
Sec. 618. Eligibility of new reserve component officers for accession or affiliation 
bonus for officers in critical skills. 
Sec. 619. Eligibility of reserve component members for incentive bonus for conver-
sion to military occupational specialty to ease personnel short-
age. 
Sec. 620. Availability of hazardous duty incentive pay for military firefighters. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Expansion of travel and transportation allowances to assist survivors 
of a deceased member to attend burial ceremony of the member. 
Sec. 632. Transportation of family members incident to the serious illness or in-
jury of members of the uniformed services. 
Sec. 633. Reimbursement of members for certain lodging costs incurred in connec-
tion with student dependent travel. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Computation of benefits under Survivor Benefit Plan for surviving 
spouses over age 62. 
Sec. 642. Open enrollment period for Survivor Benefit Plan commencing October 
1, 2005. 
Sec. 643. Source of funds for Survivor Benefit Plan annuities for Department of 
Defense beneficiaries over age 62. 
Subtitle E—Commissary and Nonappropriated Fund 
Instrumentality Benefits 
Sec. 651. Consolidation and reorganization of legislative provisions regarding de-
fense commissary system and exchanges and other morale, wel-
fare, and recreation activities. 
Sec. 652. Consistent State treatment of Department of Defense Nonappropriated 
Fund Health Benefits Program. 
Sec. 653. Cooperation and assistance for qualified scouting organizations serving 
dependents of members of the Armed Forces and civilian employ-
ees overseas. 
Subtitle F—Other Matters 
Sec. 661. Repeal of requirement that members entitled to basic allowance for sub-
sistence pay subsistence charges while hospitalized. 
Sec. 662. Clarification of education loans qualifying for education loan repay-
ment program for reserve component health professions officers. 
Sec. 663. Survey and analysis of effect of extended and frequent mobilization of 
Reservists for active duty service on Reservist income.
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Enhanced Benefits for Reserves 
Sec. 701. Demonstration project for TRICARE coverage for Ready Reserve mem-
bers. 
Sec. 702. Comptroller General report on the cost and feasibility of providing pri-
vate health insurance stipends for members of the Ready Re-
serves. 
Sec. 703. Improvement of medical services for activated members of the Ready Re-
serve and their families. 
Sec. 704. Modification of waiver of certain deductibles under TRICARE program. 
Sec. 705. Authority for payment by United States of additional amounts billed 
by health care providers to activated Reserve members. 
Sec. 706. Extension of transitional health care benefits after separation from ac-
tive duty. 
Subtitle B—Other Benefits Improvements 
Sec. 711. Coverage of certain young children under TRICARE dental program. 
Sec. 712. Comptroller General report on provision of health and support services 
for exceptional family member program enrollees. 
Sec. 713. Exceptional eligibility for TRICARE prime remote. 
Sec. 714. Transition to home health care benefit under sub-acute care program. 
Sec. 715. Requirement relating to prescription drug benefits for medicare-eligible 
enrollees under defense health care plans. 
Sec. 716. Professional accreditation of military dentists. 
Sec. 717. Addition of certain unremarried former spouses to persons eligible for 
dental insurance plan of retirees of the uniformed services. 
Sec. 718. Waiver of collection of payments due from certain persons unaware of 
loss of CHAMPUS eligibility. 
Subtitle C—Planning, Programming, and Management 
Sec. 721. Pilot program for transformation of health care delivery. 
Sec. 722. Study of provision of travel reimbursement to hospitals for certain mili-
tary disability retirees. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION 
MANAGEMENT, AND RELATED MATTERS 
Subtitle A—Amendments to General Contracting Authorities, 
Procedures, and Limitations 
Sec. 801. Rapid acquisition authority to respond to combat emergencies. 
Sec. 802. Defense acquisition workforce changes. 
Sec. 803. Limitation on task and delivery order contracts. 
Sec. 804. Funding for contract cancellation ceilings for certain multiyear 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. 
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 Na-
tional Defense University to United States-China Economic and 
Security Review Commission. 
Sec. 903. Transfer to Secretary of the Army of responsibility for Assembled Chem-
ical Weapons Alternatives Program. 
Sec. 904. Modification of obligated service requirements under National Security 
Education Program. 
Sec. 905. Change of membership of certain councils. 
Sec. 906. Actions to prevent the abuse of detainees. 
Sec. 907. Responses to congressional inquiries. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Budget justification documents for operation and maintenance. 
Sec. 1003. Retention of fees from intellectual property licenses. 
Sec. 1004. Authority to waive claims of the United States when amounts recover-
able are less than costs of collection. 
Sec. 1005. Repeal of funding restrictions concerning development of medical coun-
termeasures against biological warfare threats. 
Sec. 1006. Report on budgeting for exchange rates for foreign currency fluctua-
tions. 
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 foreign 
countries. 
Sec. 1014. Limitation on leasing of foreign-built vessels. 
Subtitle C—Sunken Military Craft 
Sec. 1021. Preservation of title to sunken military craft and associated contents.
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 uni-
fied counterdrug and counterterrorism campaign in Colombia. 
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 con-
trol and supervision of transportation within the Department of 
Defense. 
Sec. 1063. Determination of whether private air carriers are controlled by United 
States citizens for purposes of eligibility for Government con-
tracts for transportation of passengers or supplies. 
Sec. 1064. Evaluation of whether to prohibit certain offers for transportation of 
security-sensitive cargo. 
Subtitle H—Other Matters 
Sec. 1071. Two-year extension of authority of the Secretary of Defense to engage 
in commercial activities as security for intelligence collection ac-
tivities 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 pos-
ture 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.
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 deco-
rations. 
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 govern-
ment as part of transition to post-dictatorial government. 
Sec. 1202. Support of military operations to combat terrorism. 
Sec. 1203. Commanders’ Emergency Response Program. 
Sec. 1204. Status of Iraqi security forces. 
Sec. 1205. Guidance and report required on contractors supporting deployed 
forces in Iraq. 
Sec. 1206. Findings and sense of Congress concerning Army Specialist Joseph 
Darby. 
Subtitle B—Other Matters 
Sec. 1211. Assignment of allied naval personnel to submarine safety programs. 
Sec. 1212. Expansion of entities of the People’s Republic of China subject to cer-
tain 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 de-
fense articles and services to the People’s Republic of China. 
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH 
STATES OF THE FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Temporary authority to waive limitation on funding for chemical 
weapons destruction facility in Russia. 
TITLE XIV—EXPORT CONTROL AND 
COUNTERPROLIFERATION MATTERS 
Subtitle A—Export Controls 
Sec. 1401. Definitions under Arms Export Control Act. 
Sec. 1402. Exemption from licensing requirements for export of significant mili-
tary equipment. 
Sec. 1403. Cooperative projects with friendly foreign countries. 
Sec. 1404. Licensing requirement for export of militarily critical technologies. 
Sec. 1405. Control of exports of United States weapons technology to the People’s 
Republic of China. 
Sec. 1406. Strengthening international export controls.
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 weap-
ons. 
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 sep-
aration allowance. 
Subtitle C—Financial Management Matters 
Sec. 1541. Revised funding methodology for military retiree health care benefits. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2004 
projects. 
Sec. 2106. Modification of authority to carry out certain fiscal year 2003 project.
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 construc-
tion projects carried out using design-build selection procedures. 
Sec. 2808. Exchange or sale of reserve component facilities to acquire replacement 
facilities. 
Sec. 2809. One-year extension of temporary, limited authority to use operation 
and maintenance funds for construction projects outside the 
United States. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Increase in certain thresholds for reporting real property transactions. 
Sec. 2812. Reorganization of existing administrative provisions relating to real 
property transactions. 
Sec. 2813. Treatment of money rentals from golf course at Rock Island Arsenal, 
Illinois. 
Sec. 2814. Number of contracts authorized department-wide under demonstration 
program on reduction in long-term facility maintenance costs. 
Sec. 2815. Repeal of Commission on Review of Overseas Military Facility Struc-
ture of the United States. 
Sec. 2816. Designation of Airmen Leadership School at Luke Air Force Base, Ar-
izona, in honor of John J. Rhodes, a former minority leader of 
the House of Representatives. 
Sec. 2817. Elimination of reversionary interests clouding United States title to 
property used as Navy homeports. 
Sec. 2818. Report on real property disposal at Marine Corps Air Station, El 
Toro, California. 
Subtitle C—Base Closure and Realignment 
Sec. 2821. Two-year postponement of 2005 base closure and realignment round 
and submission of reports regarding future infrastructure 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 Realign-
ment Commission to add to or otherwise expand closure and re-
alignment recommendations made by Secretary of Defense. 
Sec. 2825. Adherence to certain authorities on preservation of military depot ca-
pabilities during any subsequent round of base closures and re-
alignments. 
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.
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, engineer-
ing, and technical personnel. 
Sec. 3112. Requirements for baseline of projects under Facilities and Infrastruc-
ture Recapitalization Program. 
Subtitle C—Other Matters 
Sec. 3131. Transfers and reprogrammings of National Nuclear Security Adminis-
tration funds. 
Sec. 3132. National Academy of Sciences study on management by Department 
of Energy of high-level radioactive waste. 
Sec. 3133. Contract to review Waste Isolation Pilot Plant, New Mexico. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 
BOARD 
Sec. 3201. Authorization. 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
Sec. 3301. Authorized uses of National Defense Stockpile funds. 
Sec. 3302. Relaxation of quantity restrictions on disposal of manganese ferro in 
National Defense Stockpile. 
Sec. 3303. Revision of earlier authority to dispose of certain materials in 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. 
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 fis-
cal 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 fis-
cal year 2005 for procurement for the Air Force as follows: 
(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 fis-
cal 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 contract, 
beginning with the fiscal year 2005 program year, for pro-
curement of the light-weight 155-millimeter howitzer. 
SEC. 112. DDG–51 MODERNIZATION PROGRAM. 
(a) ACCELERATION OF MODERNIZATION PROGRAM.— 
The Secretary of the Navy shall accelerate the program for 
in-service modernization of the DDG–51 class of destroyers. 
As part of that modernization program, the Secretary shall 
include additional emphasis on determining a means to re-
duce crew size from approximately 300 to about 200. 
(b) REPORT.—Not later than March 31, 2005, the Sec-
retary 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 CONVER-
SIONS 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 assess-
ment of the survivability and suitability against asymmet-
rical threats of each of the following military systems under 
the jurisdiction of that Secretary: 
(A) Each manned ground system or war-fighter 
survivability system that may be required to deploy 
in an asymmetrical threat environment. 
(B) Each manned airborne system that may be 
required to deploy in an asymmetrical threat envi-
ronment. 
(2) For each system covered by paragraph (1), the Sec-
retary concerned shall establish the key performance param-
eters for survivability and suitability against asymmetric 
threats. 
(3) The assessments under paragraph (1) shall be com-
pleted not later than July 1, 2005.
(4) The Secretary of each military department shall 
review annually the assessments under paragraph (1) con-
ducted by that Secretary to ensure that the assessments re-
mains relevant to the asymmetric threat environment. 
(b) REQUIREMENT FOR FORCE PROTECTION.—(1) The 
Secretary of Defense shall require the Secretary of each 
military department, for each system covered by subsection 
(a)(1) under that Secretary’s jurisdiction, either to— 
(A) take each of the force protection or surviv-
ability steps specified in paragraph (2); or 
(B) restrict the system from deployment to an 
asymmetrical threat environment. 
(2) The force protection or survivability steps for a sys-
tem covered by subsection (a)(1) are the following: 
(A) Development of force protection or surviv-
ability enhancements for the system that meet the key 
performance parameters established for that system 
under subsection (a)(2). 
(B) Budgeting for in-service modification pro-
grams for the system to provide force protection and 
survivability enhancements developed under subpara-
graph (A). 
(C) Development of tactics, techniques, and pro-
cedures for the system to maximize force protection 
and survivability.
(c) WAIVER.—The Secretary of Defense may waive the 
applicability of subsection (b) to a system covered by sub-
section (a)(1) if the Secretary determines that, but for such 
a waiver, the Department would be unable to meet national 
security objectives. Whenever the Secretary makes such a de-
termination and authorizes such a waiver, the Secretary 
shall submit notice of such waiver and of the Secretary’s 
determination and the reasons therefor in writing to the 
congressional defense committees. 
(d) REQUIREMENT FOR NEW DEVELOPMENT MILITARY 
ACQUISITION PROGRAMS.—The Secretary of Defense shall 
require the Secretary of each military department, for each 
military acquisition program that has not entered low-rate 
initial production as of the date of the enactment of this 
Act, to include in the development of that program— 
(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 param-
eters for force protection and survivability. 
(e) ASYMMETRICAL THREAT ENVIRONMENT.—For pur-
poses of this section, the term ‘‘asymmetrical threat environ-
ment’’, 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 asym-
metrical threat may exist (or, in the case of a manned air-
borne 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 allo-
cation 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 Endur-
ing 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 pro-
gram year, for procurement of 80 KC–767 tanker aircraft. 
(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 program 
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 Au-
thorization Act for Fiscal Year 2004 (Public Law 108–136; 
117 Stat. 1413; 10 U.S.C. 2401a note) or under section 
8159 of the Department of Defense Appropriations Act, 
2002 (division A of Public Law 107–117). 
SEC. 117. OTHER MATTERS RELATING TO KC–767 TANKER 
AIRCRAFT ACQUISITION PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
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 ad-
vantage of the United States commercial aircraft pro-
duction base; and 
(4) anyone suspected of involvement in improper 
or illegal activities associated with such a program 
should be investigated and, if warranted, prosecuted 
to the fullest extent of the law. 
(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 air-
craft program, provided that any such contract is nego-
tiated 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 contract 
for the multiyear tanker aircraft program. The panel shall 
be comprised of individuals who, by reason of education, 
training, or experience, have expertise relevant to the eval-
uation of a proposed contract for the lease or procurement 
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 whatever man-
ner the Secretary of Defense determines is appropriate to
provide an independent review of any such proposed con-
tract. The Secretary shall provide for the panel to make 
a determination of, and to advise the Secretary of the Air 
Force on, what would constitute a fair and reasonable con-
tract 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 committees. 
(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 air-
craft for the Air Force authorized under section 8159 
of the Department of Defense Appropriations Act, 
2002 (division A of Public Law 107–117; 115 Stat. 
2284), subject to section 135(a) of the National De-
fense 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.’’. 
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 fis-
cal 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 authorized for the Director 
of Operational Test and Evaluation.
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 Program, 
including basic research, applied research, and advanced 
technology development projects. 
(b) BASIC RESEARCH, APPLIED RESEARCH, AND AD-
VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For pur-
poses of this section, the term ‘‘basic research, applied re-
search, and advanced technology development’’ means work 
funded in program elements for defense research and devel-
opment under Department of Defense category 6.1, 6.2, or 
6.3. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY. 
(a) PROGRAM STRATEGY REQUIRED.—The Secretary 
of the Army shall establish and implement a program strat-
egy for the Future Combat Systems acquisition program of 
the Army. The purpose of the program strategy shall be to 
provide an effective, affordable, producible, and supportable 
military capability with a realistic schedule and a robust 
cost estimate. 
(b) ELEMENTS OF PROGRAM STRATEGY.—The pro-
gram strategy shall—
(1) require the release, at the design readiness re-
view, of not less than 90 percent of engineering draw-
ings for the building of prototypes; 
(2) require, before facilitating production or con-
tracting for items with long lead times, that an ac-
ceptable demonstration be carried out of the perform-
ance of the information network, including the per-
formance 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 sys-
tem-of-systems requirements when integrated with the 
information network. 
(c) REQUIRED SUBMISSIONS TO CONGRESS.—Before 
convening the Milestone B update for the Future Combat 
Systems acquisition program required by the Future 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 improve-
ment 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 assessment of 
those technologies that are likely to require a decision 
to use an alternative approach. 
(3) A report, prepared by the chief information 
officer of the Army, describing— 
(A) the status of the development and 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 pa-
rameters with respect to the program, with all objec-
tives and thresholds quantified, together with the sup-
porting analytical rationale. 
(d) LIMITATION ON FUNDING.—(1) Except as provided 
in paragraph (2), the Secretary of the Army may not obli-
gate, 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 Sec-
retary’s certification that the Secretary has established and 
implemented the program strategy required by subsection 
(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 Di-
rector 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 Depart-
ment 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 submit 
to the congressional defense committees a report on the im-
plementation of the program under subsection (a). The re-
port 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 fis-
cal year 2006 and for the future-years defense pro-
gram 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 elec-
tronics; and
(2) $5,000,000 shall be available in program ele-
ment 63771N for advanced technology development in 
vacuum electronics. 
SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON 
JOINT STRIKE FIGHTER PROGRAM. 
(a) ANNUAL GAO REVIEW.—The Comptroller General 
shall conduct an annual review of the Joint Strike Fighter 
aircraft program and shall, not later than March 15 of each 
year, submit to Congress a report on the results of the most 
recent review. With each such report, the Comptroller Gen-
eral shall submit a certification as to whether the Comp-
troller General has had access to sufficient information to 
enable the Comptroller General to make informed judgments 
on the matters covered by the report. 
(b) MATTERS TO BE INCLUDED.—Each report on the 
Joint Strike Fighter aircraft program under subsection (a) 
shall include the following with respect to system develop-
ment and demonstration under the program: 
(1) The extent to which such system development 
and demonstration is meeting established goals, in-
cluding the goals established for performance, 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 regard-
ing whether such system development and demonstra-
tion (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 air-
craft program under section 2432 of title 10, United 
States Code, for the first quarter of the fiscal year 
during which the report of the Comptroller General is 
submitted. 
(c) REQUIREMENT TO SUPPORT ANNUAL GAO RE-
VIEW.—The Secretary of Defense and the prime contractor 
for the Joint Strike Fighter aircraft program shall provide 
to the Comptroller General such information on that pro-
gram as the Comptroller General considers necessary to 
carry out the responsibilities of the Comptroller General 
under this section, including such information as is nec-
essary for the purposes of subsection (b)(3). 
(d) TERMINATION.—No report is required under this 
section after the report that, under subsection (a), is 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 following new 
section: 
‘‘§ 232. United States Joint Forces Command: amounts 
for research, development, test, and eval-
uation to be derived only from Defense- 
wide amounts 
‘‘(a) REQUIREMENT.—Amounts for research, develop-
ment, 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 re-
search, 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 Com-
mand shall be set forth under the account of the Department 
of Defense for Defense-wide research, development, 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, development, 
test, and evaluation to be derived only from Defense-wide 
amounts.’’. 
SEC. 215. AUTHORITY OF DIRECTOR OF DEFENSE RE-
SEARCH 
AND 
ENGINEERING 
TO 
AWARD 
PRIZES 
FOR 
ADVANCED 
TECHNOLOGY 
ACHIEVEMENTS. 
Section 2374a(a) of title 10, United States Code, is 
amended by striking ‘‘acting through the Director of the De-
fense Advanced Research Projects Agency’’ and inserting 
‘‘acting through the Director of Defense Research and Engi-
neering’’. 
SEC. 216. SPACE BASED RADAR. 
(a) LIMITATION.—In carrying out the Space Based 
Radar program, the Secretary of Defense may not authorize 
that program to proceed into the system development and 
procurement phase referred to as Milestone B until the Sec-
retary— 
(1) submits to the congressional defense commit-
tees, the Permanent Select Committee on Intelligence 
of the House of Representatives, and the Select Com-
mittee on Intelligence of the Senate a report 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 concept 
selected. 
(2) A description of the concept of operations as-
sociated with the technical system concept selected. 
(3) An independent cost estimate for development 
and procurement under the program. 
(4) The acquisition strategy for the program. 
SEC. 217. MARK–54 TORPEDO PRODUCT IMPROVEMENT PRO-
GRAM. 
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 avail-
able for the Mark-54 Torpedo Product Improvement Pro-
gram. 
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 fis-
cal year 2005 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, 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 fis-
cal 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, De-
fense Commissary, $1,175,000,000 
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 
(a) DEFENSE HEALTH PROGRAM.—Funds are hereby 
authorized to be appropriated for the Department of Defense 
for fiscal year 2005 for expenses, not otherwise provided for, 
for the Defense Health Program, $17,811,586,000, of 
which— 
(1) $17,374,544,000 is for Operation and Main-
tenance; 
(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 ap-
propriated for the Department of Defense for fiscal year 
2005 for expenses, not otherwise provided for, for Chemical
Agents 
and 
Munitions 
Destruction, 
Defense, 
$1,371,990,000, of which— 
(A) $1,138,801,000 is for Operation and Mainte-
nance; 
(B) $154,209,000 is for Research, Development, 
Test, and Evaluation; and 
(C) $78,980,000 is for Procurement. 
(2) Amounts authorized to be appropriated under 
paragraph (1) are authorized for— 
(A) the destruction of lethal chemical agents and 
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50 
U.S.C. 1521); and 
(B) the destruction of chemical warfare materiel 
of the United States that is not covered by section 
1412 of such Act. 
(c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-
TIES, DEFENSE-WIDE.—Funds are hereby authorized to be 
appropriated for the Department of Defense for fiscal year 
2005 for expenses, not otherwise provided for, for Drug 
Interdiction and Counter-Drug Activities, Defense-wide, 
$852,697,000. 
(d) DEFENSE INSPECTOR GENERAL.—Funds are here-
by authorized to be appropriated for the Department of De-
fense for fiscal year 2005 for expenses, not otherwise pro-
vided for, for the Office of the Inspector General of the De-
partment 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 DEFENSE 
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 September 11, 
2001, and ending on December 31, 2003. Not later than
60 days after the date of the enactment of this Act, the Sec-
retary shall implement regulations to expedite the provision 
of such reimbursement. 
Subtitle B—Environmental 
Provisions 
SEC. 311. REPORT REGARDING ENCROACHMENT ISSUES AF-
FECTING 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 special 
use airspace of the Utah Test and Training Range in the 
State of Utah, including encroachments brought about 
through actions of other Federal agencies. The Secretary 
shall include such recommendations as the Secretary con-
siders appropriate regarding any legislative initiatives nec-
essary to address encroachment problems identified by the 
Secretary in the report. 
(b) SUBMISSION OF REPORT.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
shall submit the report to the Committee on Armed Services 
of the House of Representatives and the Committee on 
Armed Services of the Senate.
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 Defense 
Agency, the percentage of the funds referred to in subsection 
(a) that was expended during the preceding fiscal year, and 
are projected to be expended in the current fiscal year and 
next fiscal year, for performance of depot-level maintenance 
and repair workloads by the public and private sectors. 
‘‘(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 per-
formed by 10 or more civilian employees may not be con-
verted, in whole or in part, to performance by a contractor 
unless, the conversion is based on the results of a public- 
private competition process that— 
‘‘(i) formally compares the cost of civilian 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 imple-
mented on May 29, 2003; 
‘‘(iii) determines whether the submitted offers 
meet the needs of the Department of Defense with re-
spect to factors other than cost, including quality and 
reliability; 
‘‘(iv) requires continued performance of the func-
tion by civilian employees if the cost of performance 
of the function by a contractor would, over all per-
formance periods required by the solicitation, cost less 
than— 
‘‘(I) 10 percent of the personnel-related costs 
for performance of that activity or function 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 Defense 
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 employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the premium 
or subscription share than that which is paid by 
the Department of Defense for health benefits for 
civilian employees under chapter 89 of title 5. 
‘‘(B) Any 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, there-
fore, 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 development, 
and depot-level maintenance and repair services. 
‘‘(E) The Secretary of Defense may waive the competi-
tion requirement in specific instances if— 
‘‘(i) the written waiver is prepared by the Sec-
retary of Defense, or the relevant Assistant Secretary 
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 publication.’’. 
(b) RELATION TO PILOT PROGRAM.—Paragraph (5) of 
section 2461(b) of title 10, United States Code, as added 
by subsection (a) shall not apply with respect to the pilot 
program for best-value source selection for performance of 
information technology services authorized by section 336 
of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 
note). 
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-private 
competition process of Office of Management and Budget 
Circular A–76 on new requirements, as defined by such Cir-
cular, and functions currently being performed by contrac-
tors that could be performed by civilian employees. 
(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 civilian employ-
ees to compete through the standard competition process of 
Office of Management and Budget Circular A–76 for new 
requirements, as defined by such Circular, that are approxi-
mately one-tenth in value of the funds spent by the Depart-
ment of Defense during the two fiscal years of the pilot 
project on all functions that are considered new require-
ments, as defined by such Circular. 
(2) The Department of Defense shall not receive credit 
towards compliance with the pilot program for subjecting 
to public-private competition—
(A) any contract to be awarded to small business 
concerns that meet the requirements under section 
3(a) of the Small Business Act (15 U.S.C. 632(a)) 
and regulations under that section; 
(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 services, 
medical services, scientific and technical services re-
lated to (but not in support of) research and develop-
ment, and depot-level maintenance and repair serv-
ices. 
(d) FUNCTIONS PERFORMED BY CONTRACTORS.—(1) 
By the end of the pilot project, the Secretary of Defense shall 
have subjected a number of contractor employees to public- 
private competition through the standard competition proc-
ess of Office of Management and Budget Circular A–76 that 
is approximately one-tenth of the number of civilian em-
ployees subject to public-private competition during the two 
fiscal years of the pilot project. 
(2) The Department of Defense shall, to the extent pos-
sible, subject to public-private competition those positions 
held by contractor employees that are associated with func-
tions that are or have been performed at least in part by
Federal employees at any time on or after October 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 Fed-
eral 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 De-
fense shall submit to Congress a report on the results of the 
pilot program, including the extent to which the Depart-
ment of Defense complied with the requirements of this sec-
tion.
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 con-
ducted as fairly, effectively, and efficiently as possible, com-
peting parties, both Department of Defense civilian employ-
ees (or their representatives) and contractors (or their rep-
resentatives) should receive comparable treatment through-
out the competition regarding access to relevant informa-
tion 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 expeditious-
ness, all of the public-private competitions that are 
scheduled to be undertaken by the Department of De-
fense during the next fiscal year (including a suffi-
cient number of employees to formulate satisfactorily
the performance work statements and most efficient 
organization plans for the purposes of such competi-
tions) and to administer any resulting contracts; 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 proprietary information 
and information to which section 552(b)(1) of title 5, 
United States Code, applies shall be excised from in-
formation published or reports made available. 
(b) ELEMENTS OF TRACKING SYSTEM.—The system of 
the Department of Defense for tracking cost and quality of 
performance of a function under a service contract shall in-
clude at least the following data elements: 
(1) The contract number and the applicable Fed-
eral 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 authority 
for entering into the service contract and, if a public-
private competition was not used in the determina-
tion of whether to provide for performance of the ac-
tivity or function by a contractor, an explanation of 
the reasons for not doing so. 
(4) The cost to the Department of Defense of con-
ducting the public-private competition under Office of 
Management and Budget Circular A–76, if one was 
undertaken, including the cost of consultants as well 
as civilian employees. 
(5) In the case of a function formerly performed 
by civilian employees, the actual cost of the perform-
ance by such employees. 
(6) The cost to the Department of Defense of ci-
vilian 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 qual-
ity control standards and the frequency of the quality 
control reports), together with an assessment of wheth-
er the contractor achieved, exceeded, or failed to 
achieve the quality control standards. 
(c) ASSESSMENT OF TRACKING SYSTEM.—The Inspec-
tor General of the Department of Defense shall include in 
the report required by subsection (a) an assessment of the 
comprehensiveness and reliability of the Department of De-
fense system for tracking cost and quality of performance 
of a function under a service contract, including compliance 
with each of the requirements specified in subsection (b). 
The Inspector General shall base the assessment on an audit 
of a representative sample of service contracts. The report 
shall also include recommendations by the Inspector Gen-
eral 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 train-
ing, 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 Department 
of Defense information technology systems to Internet Pro-
tocol version 6 from the present use of Internet Protocol 
version 4 and other network protocols. The plan shall out-
line the networking and security system equipment that will 
need to be replaced, including the timing and costs of such 
replacement, address how the current and new networks and 
security systems will be managed, and assess the potential 
impact of the transition, include any proposed measures to 
alleviate any adverse affects. In preparing the transition 
plan, the Secretary shall compare private industry plans 
for the transition to Internet Protocol version 6. 
(b) TESTING AND EVALUATION FOR INTERNET PRO-
TOCOL.—To determine whether a change to the use of Inter-
net Protocol version 6 will support Department of Defense 
requirements, the Secretary of Defense shall provide for a 
rigorous, real-world end-to-end testing of Internet Protocol 
version 6, as proposed for use by the Department, to evalu-
ate the following: 
(1) The ability of Internet Protocol version 6, 
with its ‘‘best effort’’ quality of service, to satisfactory 
support the Department’s multiple applications and 
other information technology systems, including the 
use of Internet Protocol version 6 over bandwidth-con-
strained 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 submit 
to the congressional defense committees a report containing 
the transition plan prepared under subsection (a) and the 
results of the tests conducted under subsection (b). 
SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, 
SYSTEM ACCOUNTABILITY, AND CONDITIONS 
FOR OBLIGATION OF FUNDS FOR DEFENSE 
BUSINESS SYSTEM MODERNIZATION. 
(a) IN GENERAL.—(1) Chapter 131 of title 10, United 
States Code, is amended by inserting before section 2223 
the following new section: 
‘‘§ 2222. Defense business systems: architecture, ac-
countability, and modernization 
‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR DE-
FENSE
BUSINESS
SYSTEM
MODERNIZATION.—Effective 
January 1, 2005, funds appropriated to the Department 
of Defense may not be obligated for a defense business sys-
tem 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 Busi-
ness Systems Management Committee established by 
section 186 of this title that the defense business sys-
tem 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 re-
view 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 Management 
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 Defense Busi-
ness 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, constrain, 
and permit implementation of interoperable defense
business system solutions and consistent with the poli-
cies 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 De-
fense shall delegate responsibility for the planning, design, 
acquisition, deployment, operation, maintenance, mod-
ernization, and oversight of defense business systems as fol-
lows: 
‘‘(1) The Under Secretary of Defense for Acquisi-
tion, Technology and Logistics shall be responsible 
and accountable for any defense business system the 
primary purpose of which is to support acquisition 
activities, logistics activities, or installations and en-
vironment 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 stra-
tegic planning and budgeting activities of the Depart-
ment 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 primary 
purpose of which is to support human resource man-
agement activities of the Department of Defense. 
‘‘(4) The Assistant Secretary of Defense for Net-
works and Information Integration and the Chief In-
formation Officer of the Department of Defense shall 
be responsible and accountable for any defense busi-
ness system the primary purpose of which is to sup-
port information technology infrastructure or infor-
mation assurance activities of the Department of De-
fense. 
‘‘(5) The Deputy Secretary of Defense or an 
Under Secretary of Defense, as designated by the Sec-
retary 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 ap-
proval authority designated under subsection (c) to estab-
lish, not later than March 15, 2005, an investment review 
process, consistent with section 11312 of title 40, to review 
the planning, design, acquisition, development, deployment, 
operation, maintenance, modernization, and project cost 
benefits and risks of all defense business systems for which
the approval authority is responsible. The investment re-
view process so established shall specifically address the re-
sponsibilities 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 system. 
‘‘(B) Periodic review, but not less than annually, 
of every defense business system investment. 
‘‘(C) Representation on each investment review 
board by appropriate officials from among the armed 
forces, combatant commands, the Joint Chiefs of Staff, 
and Defense Agencies. 
‘‘(D) Use of threshold criteria to ensure an 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 budget 
submitted by the President to Congress under section 1105 
of title 31 for fiscal year 2006 and fiscal years thereafter, 
the Secretary of Defense shall—
‘‘(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 system 
complies with the defense business enterprise ar-
chitecture; or 
‘‘(B) explain why funds for such system are 
necessary to maintain a mission critical or mis-
sion essential system of the Department of De-
fense, notwithstanding its noncompliance with 
the defense business enterprise architecture. 
‘‘(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 requirements 
of subsection (a), including specific milestones and perform-
ance measures. Subsequent reports shall— 
‘‘(1) describe actions taken and planned for 
meeting the requirements of subsection (a), includ-
ing— 
‘‘(A) specific milestones and actual perform-
ance against specified performance measures,
and any revision of such milestones and per-
formance measures; and 
‘‘(B) specific actions on the defense business 
system modernizations submitted for certification 
under such subsection; 
‘‘(2) identify the number of defense business sys-
tem 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 certified 
under subsection (a), and the reasons for the waiver; 
and 
‘‘(4) discuss specific improvements in business 
operations and cost savings resulting from successful 
defense business systems modernization efforts. 
‘‘(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 business 
system, as designated by subsection (c). 
‘‘(2) The term ‘defense business system’ means an 
information system, other than a national security 
system, operated by, for, or on behalf of the Depart-
ment of Defense, including financial systems, mixed 
systems, financial data feeder systems, and informa-
tion technology and information assurance infrastruc-
ture, used to support business activities, such as ac-
quisition, financial management, logistics, strategic 
planning and budgeting, installations and environ-
ment, 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 system 
(other than necessary to maintain current serv-
ices). 
‘‘(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 chap-
ter is amended by inserting before the item relating to sec-
tion 2223 the following new item:
‘‘2222. Defense business systems: architecture, accountability, and moderniza-
tion.’’. 
(b) DEFENSE BUSINESS SYSTEM MANAGEMENT COM-
MITTEE.—Chapter 7 of such title is amended by adding 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 Com-
mittee, 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 Acquisi-
tion, 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 Net-
works and Information Integration. 
‘‘(6) The Secretaries of the military departments 
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 poli-
cies and procedures necessary to effectively integrate 
the requirements of section 2222 of this title into all 
business activities and any transformation, reform, 
reorganization, or process improvement initiatives 
undertaken within the Department of Defense; and 
‘‘(B) review and approve any major update of 
the defense business enterprise architecture developed 
under subsection (b) of section 2222 of this title, in-
cluding evolving the architecture, and of defense busi-
ness 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 Department 
of Defense and periodically report to the Secretary on the 
status of defense business system modernization efforts. 
‘‘(3) The Committee shall ensure that funds are 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 ‘defense 
business system’ and ‘defense business system moderniza-
tion’ have the meanings given such terms in section 2222 
of this title.’’. 
(2) The table of sections at the beginning of such chap-
ter 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 re-
quired by subsection (c) of section 2222 of title 10, United 
States Code, as added by subsection (a)(1), shall be com-
pleted 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 De-
partment of Defense Appropriations Act, 2004 (Public Law 
108–87; 117 Stat. 1091), with regard to information tech-
nology 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 con-
trol systems of the Armed Forces, known as the ‘‘Family 
of Interoperable Pictures’’, to improve the interoperability 
of such systems so that members of the Armed Forces may 
access a common operational picture of the battlefield. The 
office shall include at a minimum the Single Integrated Air 
Picture, the Single Integrated Ground Picture, the Single 
Integrated Maritime Picture, the Special Operations Forces 
Picture, and the Single Integrated Space Picture. The Sec-
retary shall provide for the head of the office to be selected 
on a rotating basis among related offices of the Army, Navy, 
Air Force, and Marine Corps. 
(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 Family 
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 office 
designated under subsection (a), subject to the authority, 
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 devel-
opment of the software and equipment for the Family 
of Interoperable Pictures; 
(3) establish and control the standards for oper-
ation 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 mate-
rials submitted to Congress in connection with the submis-
sion 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 Defense 
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 identi-
fied in a report under this section, the Secretary of Defense 
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 instrumen-
tality account of the Department of Defense, and non- 
Federal funds obligated to support the museum. 
‘‘(4) The number of civilian employees of the De-
partment 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 museum.’’. 
(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 assess-
ment shall particularly focus on how those programs will 
be incorporated into achievement of the goals of the Sec-
retary 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 the-
ater 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 de-
scribed in subsection (a) and referred to as the 10– 
30–30 goals in light of the current lift constraints fac-
ing both land and sea components of lift as well as 
the emerging mobility requirements. 
(3) Modifications of the prepositioning programs 
of the Armed Forces in order to adapt to pending 
modularity concepts, future force structure changes, 
and new sea basing concepts in relation to current 
and potential areas of instability.
(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 in-
serting ‘‘2008’’; and 
(2) in paragraph (2), by striking ‘‘2003’’ and in-
serting ‘‘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 fiscal 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, op-
erations, and collections management of the Liberty 
Memorial Museum. 
(3) The Liberty Memorial Museum is the only 
public museum in the Nation that exists for the exclu-
sive purpose of interpreting the experiences of the 
United States and its allies in the World War I years 
(1914–1918), both on the battlefield and on the home 
front. 
(4) The Liberty Memorial Museum project began 
after the 1918 Armistice through the efforts of a large- 
scale, grass-roots civic and fundraising effort by the 
citizens and veterans of the Kansas City metropolitan 
area. After the conclusion of a national architectural 
design competition, ground was broken in 1921, con-
struction began in 1923, and the Liberty Memorial 
Museum was opened to the public in 1926. 
(5) In 1994, the Liberty Memorial Museum 
closed for a massive restoration and expansion 
project. The restored museum reopened to the public 
on Memorial Day, 2002, during a gala rededication 
ceremony.
(6) Exhibits prepared for the original museum 
buildings presaged the dramatic, underground expan-
sion of core exhibition gallery space, with over 30,000 
square feet of new interpretive and educational exhib-
its currently in development. The new exhibits, along 
with an expanded research library and archives, will 
more fully utilize the many thousands of historical 
objects, books, maps, posters, photographs, diaries, let-
ters, and reminiscences of World War I participants 
that are preserved for posterity in the Liberty Memo-
rial Museum’s collections. The new core exhibition is 
scheduled to open on Veterans 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 edu-
cate a diverse group of audiences through its com-
prehensive collection of historical materials, empha-
sizing 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 invalu-
able resources of the Liberty Memorial Museum to 
teach the ‘‘Lessons of Liberty’’ to the Nation’s school-
children through on-site visits, classroom curriculum 
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 strug-
gle 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 cen-
tury. 
(13) This initiative to recognize and preserve the 
history of the Nation’s sacrifices in World War I will 
take on added significance as the Nation approaches 
the centennial observance of this event. 
(14) It is fitting and proper to refer to the 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 future 
and expanded exhibits, collections, library, archives, 
and educational programs, as ‘‘America’s National 
World War I Museum’’; 
(2) recognizes that the continuing collection, 
preservation, and interpretation of the historical 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 American 
and allied experience during the World War I years 
(1914–1918), both on the battlefield and on the home 
front;
(3) commends the ongoing development and visi-
bility 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 pre-
serve liberty, democracy, and other founding prin-
ciples 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 sup-
port 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 following 
new subsection (b): 
‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE AU-
THORIZED BY LAW.—(1) Congress shall annually authorize 
the maximum number of members of a reserve component 
permitted to be on active duty or full-time National Guard 
duty at any given time who are called or ordered to— 
‘‘(A) active duty under section 12301(d) of this 
title for the purpose of providing operational support, 
as prescribed in regulation issued by the Secretary of 
Defense;
‘‘(B) full-time National Guard duty under sec-
tion 502(f)(2) of title 32 for the purpose of providing 
operational support when authorized by the Secretary 
of Defense; 
‘‘(C) active duty under section 12301(d) of this 
title or full-time National Guard duty under section 
502(f) of title 32 for the purpose of preparing for and 
performing funeral honors functions for funerals of 
veterans under section 1491 of this title; 
‘‘(D) active duty or retained on active duty 
under sections 12301(g) of this title while in a captive 
status; or 
‘‘(E) active duty or retained on active duty 
under 12301(h) or 12322 of this title for the purpose 
of medical evaluation or treatment. 
‘‘(2) A member of a reserve component who exceeds ei-
ther of the following limits shall be included in the strength 
authorized under subparagraph (A) or subparagraph (B), 
as appropriate, of subsection (a)(1): 
‘‘(A) A call or order to active duty or full-time 
National Guard duty that specifies a period greater 
than three years. 
‘‘(B) The cumulative periods of active duty and 
full-time National Guard duty performed by the 
member exceed 1095 days in the previous 1460 days.
‘‘(3) In determining the period of active service under 
paragraph (2), the following periods of active service 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 Selected 
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 per-
sonnel 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 para-
graph: 
‘‘(4) increase the maximum strength authorized pursu-
ant to subsection (b)(1) for a fiscal year for certain reserves 
on active duty for any of the reserve components by a num-
ber equal to not more than 10 percent of that strength.’’. 
(d) CONFORMING AMENDMENTS TO SECTION 115.— 
Such section is further amended as follows: 
(1) Subsection (e) (as redesignated by subsection 
(a)(3)) is amended— 
(A) in paragraph (1), by striking ‘‘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 subsection 
(e)) and subsection (c)’’ and inserting ‘‘pur-
suant to subsection (f)) and subsection (d)’’ 
each place it appears. 
(2) Subsection (g) (as redesignated by subsection 
(a)(3)) is amended by striking ‘‘subsection (e)(1)’’ in 
paragraph (2) and inserting ‘‘subsection (f)(1)’’. 
(3) Subsection (i) (as redesignated by subsection 
(a)(3)) is amended to read as follows: 
‘‘(i) CERTAIN PERSONNEL EXCLUDED FROM 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 sec-
tion 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 active 
duty under section 10(b)(2) of the Military Selective 
Service Act (50 U.S.C. App. 460(b)(2)) for the ad-
ministration 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 sup-
port services for the National Guard Challenge Pro-
gram 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 authorized 
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 car-
ries 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 ‘‘Retired 
officers’’. 
(h) ACTIVE GUARD AND RESERVE FIELD GRADE OFFI-
CER STRENGTH ACCOUNTING.—Paragraph (2) of section 
12011(e) of such title is amended to read as follows: 
‘‘(2) Full-time National Guard duty (other than 
for training) under section 502(f) of title 32, except 
for duty under section 115(b)(1)(B) and (C) of this 
title and section 115(i)(9) of this title.’’.
(i) WARRANT OFFICER ACTIVE-DUTY LIST EXCLU-
SION.—Paragraph (1) of section 582 of such title is amend-
ed 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 amend-
ed 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 ex-
cluded 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) respectively; 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 recommenda-
tions shall address the manner in personnel covered by those 
exemptions shall be accounted for in authorizations pro-
vided by section 115 of such title. The objective of the anal-
ysis 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 com-
ponents 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 compo-
nent 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 Re-
serve of such reserve component shall be increased propor-
tionately by the total authorized strengths of such units and 
by the total number of such individual members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), 
the reserve components of the Armed Forces are authorized, 
as of September 30, 2005, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in 
the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 26,476. 
(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 reserve 
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 provided 
in section 10217(c)(2) of title 10, United States Code, the 
number of non-dual status technicians employed by the Na-
tional 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. 
(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 authorization of 
appropriations (definite or indefinite) for such purpose for 
fiscal year 2005. 
SEC. 422. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal 
year 2005 from the Armed Forces Retirement Home Trust 
Fund the sum of $61,195,000 for the operation of the Armed 
Forces Retirement Home.
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—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 amend-
ed— 
(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 of-
ficer as Chief of Staff for an additional period of not 
to exceed two years. In time of war or during a na-
tional emergency declared by Congress, the President 
may extend the service of an officer as Chief of Staff 
for such additional periods as the President deter-
mines necessary, except that the total period of an of-
ficer’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: ‘‘The
Chief of Naval Operations serves at the pleasure of the 
President. The President may extend the service of an offi-
cer as Chief of Naval Operations for an additional period 
of not to exceed two years. In time of war or during a na-
tional emergency declared by Congress, the President may 
extend the service of an officer as Chief of Naval Operations 
for such additional periods as the President determines nec-
essary, except that the total period of an officer’s service 
as Chief of Naval Operations may not exceed eight years.’’. 
(c) COMMANDANT
OF
THE MARINE CORPS.—Para-
graph (1) of section 5043(a) of such title is amended by 
striking the third and fourth sentences and inserting the 
following: ‘‘The Commandant serves at the pleasure of the 
President. The President may extend the service of an offi-
cer as Commandant for an additional period of not to ex-
ceed two years. In time of war or during a national emer-
gency declared by Congress, the President may extend the 
service of an officer as Commandant for such additional 
periods as the President determines necessary, except that 
the total period of an officer’s service as Commandant may 
not exceed eight years.’’. 
(d) CHIEF OF STAFF OF THE AIR FORCE.—Paragraph 
(1) of section 8033(a) of such title is amended to read as 
follows:
(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 period of four 
years. The President may extend the service of an of-
ficer as Chief of Staff for an additional period of not 
to exceed two years. In time of war or during a na-
tional emergency declared by Congress, the President 
may extend the service of an officer as Chief of Staff 
for such additional periods as the President deter-
mines necessary, except that the total period of an of-
ficer’s service as Chief of Staff may not exceed eight 
years.’’. 
SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS 
AND ASSISTANT CHIEFS OF NAVAL OPER-
ATIONS BE SELECTED FROM OFFICERS IN 
THE LINE OF THE NAVY. 
(a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Section 
5036(a) of title 10, United States Code, is amended by strik-
ing ‘‘in the line’’. 
(b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—Sec-
tion 5037(a) of such title is amended by striking ‘‘in the 
line’’.
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 inserting 
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 paragraph
(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 retirement 
in a grade above major or lieutenant commander and below 
brigadier general or rear admiral (lower half), a commis-
sioned 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 military 
department concerned and concurrence by the Secretary of 
Defense. The function of the Secretary of Defense under the 
preceding sentence may only be delegated to a civilian offi-
cial in the Office of the Secretary of Defense appointed by
100 
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 dele-
gated.’’; 
(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 subsection 
(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 authorize 
the Secretary of the military depart-
101 
ment 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 satis-
factorily in that grade (as determined by the Secretary of 
the military department concerned) as a reserve commis-
sioned officer in active status, or in a retired status on ac-
tive 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
102 
(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 ‘‘MEM-
BERS’’ 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 retiring on 
or after the date of the enactment of this Act.
103 
SEC. 505. REPEAL OF REQUIREMENT THAT NO MORE THAN 
50 PERCENT OF ACTIVE DUTY GENERAL AND 
FLAG OFFICERS BE IN GRADES ABOVE BRIGA-
DIER GENERAL AND REAR ADMIRAL (LOWER 
HALF). 
(a) REPEAL OF DISTRIBUTION REQUIREMENT.—Sub-
section (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 in-
serting ‘‘(a) LIMITATION ON NUMBER OF GENERAL 
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 offi-
cer’’; 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 subsection 
(a)(2)), paragraph (2)(A) (as redesignated by sub-
section (a)(3)), and paragraph (6) (as redesignated by
104 
subsection (a)(3)) are amended by striking ‘‘para-
graph (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 ‘‘subsection 
(b)(1)’’ and inserting ‘‘subsection (a)(1)’’; 
(C) in paragraph (1)(B), by striking ‘‘subsection 
(b)(2)’’ and inserting ‘‘subsection (a)(2)’’; and 
(D) in paragraph (3)(A), by striking ‘‘subsection 
(b)’’ and inserting ‘‘subsections (a) and (b)’’. 
(3) Subsection (d) of such section is amended by 
inserting ‘‘SPECIAL RULE FOR OFFICERS FORMERLY 
ON JOINT CHIEFS OF STAFF.—’’ after ‘‘(d)’’.
105 
(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 Defense 
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)’’.
106 
(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 following new 
subsection: 
‘‘(e) SUCCESSION.—(1) Unless otherwise directed by 
the President or Secretary of Defense, when there is a va-
cancy in the office of the Chief of the National Guard Bu-
reau 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 act-
ing Chief until a successor is appointed or the Chief once 
again is able to perform the duties of that office. 
‘‘(2) The officers specified in this paragraph are the 
following:
107 
‘‘(A) The senior officer of the Army National 
Guard of the United States on duty with the National 
Guard Bureau. 
‘‘(B) The senior officer of the Air National 
Guard of the United States on duty with the National 
Guard Bureau.’’. 
(b) CLERICAL AMENDMENTS.—(1) The heading of such 
section is amended to read as follows: 
‘‘§ 10502. Chief of the National Guard Bureau: 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. 
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 insert-
108 
ing ‘‘Director of the Joint Staff of the National Guard Bu-
reau’’. 
(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,’’. 
(b) FUTURE COMPLIANCE.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committee on Armed Services 
of the House of Representatives and the Committee on 
Armed Services of the Senate a plan for ensuring that all 
officers selected after December 31, 2006, for recommenda-
tion for appointment as a Reserve chief or National Guard 
director have significant joint duty experience, as required
109 
by law, and may be so recommended without requirement 
for a wavier of such requirement. Such plan shall be devel-
oped 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 
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 AP-
POINTMENT AS A COMMISSIONED OFFICER.—(1) Section 
532 of such title is further amended by adding at the end 
the following new subsection:
110 
‘‘(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 determines that 
the national security so requires, but only for an original 
appointment in a grade below the grade of major or lieuten-
ant 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. 
(d) AUTHORITY FOR ORIGINAL APPOINTMENT OF REG-
ULAR OFFICERS
IN JUNIOR GRADES
TO
BE MADE
BY 
PRESIDENT ALONE.—Section 531(a) of such title is amend-
ed to read as follows: 
‘‘(a)(1) Original appointments in the grades of second 
lieutenant, first lieutenant, and captain in the Regular 
Army, Regular Air Force, and Regular Marine Corps and
111 
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 completed the 
service requirements of paragraph (2) before the date of the 
enactment of the National Defense Authorization Act for 
Fiscal Year 2005,’’. 
(f) ALL REGULAR OFFICER APPOINTMENTS FOR STU-
DENTS ATTENDING UNIVERSITY OF HEALTH SCIENCES.— 
Section 2114(b) of such title is amended by striking the first 
two sentences and inserting the following: ‘‘They shall be 
appointed in a regular component of the uniformed services 
and shall serve on active duty as a second lieutenant or 
ensign (or the equivalent).’’.
112 
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 system’’. 
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— 
(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 para-
graph: 
‘‘(2) Notwithstanding paragraph (1), the Secretary of 
the military department may reduce or waive the active 
duty service obligation—
113 
‘‘(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 sup-
port of a contingency operation; or 
‘‘(C) in other exigent circumstances as deter-
mined by the Secretary.’. 
(b). INCREASE IN TUITION ASSISTANCE AUTHORIZED 
FOR ARMY OFFICERS IN THE SELECTED RESERVE.—Para-
graph (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 institu-
tion for the tuition or expenses of an officer in the Selected 
Reserve of the Army National Guard or the Army Reserve 
for education or training of such officer.’’. 
(c) EFFECTIVE DATE.—The amendment made by sub-
section (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 enactment 
of this Act.
114 
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 ‘‘or-
dered to active duty (other than for training)’’ 
and inserting ‘‘so ordered to active duty’’; and 
(3) in subsection (e), by striking ‘‘(other than for 
training)’’ and inserting ‘‘as provided in subsection 
(a)’’.
115 
(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 training)’’. 
(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 inserting 
‘‘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)’’. 
SEC. 523. STATUS UNDER DISABILITY RETIREMENT SYSTEM 
FOR RESERVE MEMBERS RELEASED FROM AC-
TIVE DUTY DUE TO INABILITY TO PERFORM 
WITHIN 30 DAYS OF CALL TO ACTIVE DUTY. 
(a) IN GENERAL.—Chapter 61 of title 10, United 
States Code, is amended by inserting after section 1206 the 
following new section:
116 
‘‘§ 1206a. Reserve component members unable to per-
form duties when ordered to active duty: 
disability system processing 
‘‘(a) MEMBERS RELEASED FROM ACTIVE DUTY WITH-
IN 30 DAYS.—A member of a reserve component who is or-
dered to active duty for a period of more than 30 days and 
is released from active duty within 30 days of commencing 
such period of active duty for a reason stated in subsection 
(b) shall be considered for all purposes under this chapter 
to have been serving under an order to active duty for a 
period of 30 days or less. 
‘‘(b) APPLICABLE REASONS
FOR RELEASE.—Sub-
section (a) applies in the case of a member released from 
active duty because of a failure to meet— 
‘‘(1) physical standards for retention; or 
‘‘(2) medical or dental standards for deployment 
due to a preexisting condition not aggravated during 
the period of active duty. 
‘‘(c) SAVINGS PROVISION FOR MEDICAL CARE PRO-
VIDED WHILE ON ACTIVE DUTY.—Notwithstanding sub-
section (a), any benefit under chapter 55 of this title re-
ceived by a member described in subsection (a) or a depend-
ent of such member before or during the period of active 
duty shall not be subject to recoupment or otherwise af-
fected.’’.
117 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 1206 the following new item: 
‘‘1206a. Reserve component members unable to perform duties when ordered to ac-
tive duty: disability system processing.’’. 
SEC. 524. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR 
RESERVE AND NATIONAL GUARD CIVILIAN 
TECHNICIANS. 
Section 6323(d)(1) of title 5, United States Code is 
amended by striking ‘‘(other than active duty during a war 
or national emergency declared by the President or Con-
gress)’’. 
SEC. 525. EXPANDED EDUCATIONAL ASSISTANCE AUTHOR-
ITY FOR OFFICERS COMMISSIONED THROUGH 
ROTC PROGRAM AT MILITARY JUNIOR COL-
LEGES. 
(a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE 
ON ACTIVE DUTY.—Section 2107(c) of title 10, United 
States Code, is amended by adding at the end the following 
new paragraphs: 
‘‘(5)(A) The Secretary of the Army may provide an 
individual who received a commission as a Reserve officer 
in the Army from a military junior college through a pro-
gram under this chapter and who does not have a bacca-
laureate degree with financial assistance for pursuit of a 
baccalaureate degree.
118 
‘‘(B) Such assistance is in addition to any financial 
assistance provided under paragraph (1), (3), or (4). 
‘‘(C) The agreement and reimbursement requirements 
established in section 2005 of this title are applicable to 
financial assistance under this paragraph. 
‘‘(D) An officer receiving financial assistance under 
this paragraph shall be attached to the unit of the Army 
at the educational institution at which the officer is pur-
suing a baccalaureate degree and shall be considered to be 
a member of the Senior Reserve Officers’ Training Corps 
on inactive duty for training, as defined in section 101(23) 
of title 38. 
‘‘(E) A qualified officer who did not previously receive 
financial assistance under this section is eligible to receive 
educational assistance under this paragraph. 
‘‘(F) A Reserve officer may not be called or ordered 
to active duty for a deployment while participating in the 
program under this paragraph. 
‘‘(G) Any service obligation incurred by an officer 
under an agreement entered into under this paragraph shall 
be in addition to any service obligation incurred by that 
officer under any other provision of law or agreement. 
‘‘(H) The amount obligated during any fiscal year 
under this paragraph and paragraph (4) of section 
2107a(c) of this title may not exceed a total of $1,500,000.’’.
119 
(b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE IN 
TROOP PROGRAM UNITS.—Section 2107a(c) of such title is 
amended by adding at the end the following new para-
graphs: 
‘‘(4)(A) The Secretary of the Army may provide an 
individual who received a commission as a Reserve officer 
in the Army from a military junior college through a pro-
gram under this chapter and who does not have a bacca-
laureate degree with financial assistance for pursuit of a 
baccalaureate degree. 
‘‘(B) Such assistance is in addition to any provided 
under paragraph (1) or (2). 
‘‘(C) The agreement and reimbursement requirements 
established in section 2005 of this title are applicable to 
financial assistance under this paragraph. 
‘‘(D) An officer receiving financial assistance under 
this paragraph shall be attached to the unit of the Army 
at the educational institution at which the officer is pur-
suing a baccalaureate degree and shall be considered to be 
a member of the Senior Reserve Officers’ Training Corps 
on inactive duty for training, as defined in section 101(23) 
of title 38. 
‘‘(E) A qualified officer who did not previously receive 
financial assistance under this section is eligible to receive 
educational assistance under this paragraph.
120 
‘‘(F) A Reserve officer may not be called or ordered 
to active duty for a deployment while participating in the 
program under this paragraph. 
‘‘(G) Any service obligation incurred by an officer 
under an agreement entered into under this paragraph shall 
be in addition to any service obligation incurred by that 
officer under any other provision of law or agreement.’’. 
‘‘(H) As provided in subparagraph (H) of section 
2107(c)(5) of this title, the amount obligated during any 
fiscal year under this paragraph and paragraph (5) of sec-
tion 2107(c) of this title may not exceed a total of 
$1,500,000.’’. 
(c) REPEAL OF SUNSET PROVISION FOR FINANCIAL 
ASSISTANCE PROGRAM FOR STUDENTS NOT ELIGIBLE FOR 
ADVANCED TRAINING.—Section 2103a of such title is 
amended by striking subsection (d). 
(d) ANNUAL IMPLEMENTATION REPORT.—The Sec-
retary of the Army shall submit to the Committees on 
Armed Services of the Senate and House of Representatives 
an annual report, for each of the next six years after the 
enactment of this Act, providing information on the experi-
ence of the Department of Defense during the preceding year 
under paragraph (5) of section 2107(c) of title 10, United 
States Code, as added by subsection (a), and under para-
graph (4) of section 2107a(c) of title 10, United States Code,
121 
as added by subsection (b). The report for with respect to 
any year shall be submitted not later March 31 of the fol-
lowing year. 
SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS 
OFFICER ON ELIGIBILITY FOR SELECTED RE-
SERVE EDUCATION LOAN REPAYMENT PRO-
GRAM FOR ENLISTED MEMBERS. 
(a) CONTINUATION OF LOAN REPAYMENT.—Section 
16301(a) of title 10, United States Code, is amended— 
(1) in paragraph (2), by striking ‘‘The Sec-
retary’’ in the first sentence and inserting ‘‘Except as 
provided in paragraph (3), the Secretary of Defense’’; 
and 
(2) by adding at the end the following new para-
graph: 
‘‘(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,
122 
accepts an appointment or commission as a warrant officer 
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 be-
half of members of the reserve components who accept an 
appointment or commission as a warrant officer or com-
missioned officer of the Selected Reserve may not exceed 
$1,000,000. 
SEC. 527. NUMBER OF STARBASE ACADEMIES IN A STATE. 
Paragraph (3) of section 2193b(c) of title 10, United 
States Code, is amended to read as follows: 
‘‘(3)(A) Subject to subparagraph (B), the Secretary 
may not support the establishment in any State of more 
than two academies. 
‘‘(B) The Secretary may waive the limitation in sub-
paragraph (A). Any such waiver shall be made under cri-
teria to be prescribed by the Secretary.’’. 
SEC. 528. COMPTROLLER GENERAL ASSESSMENT OF INTE-
GRATION OF ACTIVE AND RESERVE COMPO-
NENTS OF THE NAVY. 
(a) ASSESSMENT.—The Comptroller General shall re-
view the plan of the Secretary of the Navy for, and imple-
mentation by the Secretary of, initiatives undertaken with-
123 
in the Navy to improve the integration of the active and 
reserve components of the Navy in peacetime and wartime 
operations resulting from— 
(1) the Naval Reserve Redesign Study carried 
out by the Navy: and 
(2) the zero-based review of reserve component 
force structure undertaken by the commander of the 
Fleet Forces Command of the Navy during fiscal year 
2004. 
(b) REPORT.—No later than March 31, 2005, the 
Comptroller General shall submit to the Committees on 
Armed Services of the Senate and House of Representatives 
a report on the results of the review under subsection (a). 
The Comptroller General shall include in the report rec-
ommendations for improved active and reserve component 
integration in the Navy. 
(c) LIMITATION.—No funds appropriated or otherwise 
made available by this Act may be obligated or expended 
to decommission a Naval Reserve or Marine Corps Reserve 
aviation squadron until 90 days after the date on which 
the report required by subsection (b) is submitted to the 
Committees on Armed Services of the Senate and House of 
Representatives.
124 
(d) MATTERS TO BE EXAMINED.—In conducting the 
review, the Comptroller General shall examine the fol-
lowing: 
(1) The criteria the Navy used to determine the 
following with respect to integration of the active and 
reserve components of the Navy: 
(A) The future mix of active and reserve 
component force structure. 
(B) Organization of command and control 
elements. 
(C) Manpower levels. 
(D) Basing changes. 
(2) The extent to which the plans of the Navy for 
improving the integration of the active and reserve 
components of the Navy considered each of the fol-
lowing: 
(A) The new Fleet Response Plan of the 
Navy. 
(B) The flexible deployment concept. 
(C) Global operations. 
(D) Emerging mission requirements. 
(E) Other evolving initiatives. 
(3) The manner in which the timing of the exe-
cution of planned active and reserve integration ini-
tiatives will correlate with the funding of those initia-
125 
tives, including consideration of an evaluation of the 
adequacy of the funding allocated to those integration 
initiatives. 
(4) For naval aviation forces, the extent to which 
the active and reserve component integration plans of 
the Navy will affect factors such as— 
(A) common training and readiness stand-
ards for active and reserve forces; 
(B) reserve component access to the same 
equipment as the active component; 
(C) relationships between command and 
headquarters elements of active and reserve 
forces; and 
(D) trends in the use by the Navy of units 
referred to as ‘‘associate’’ units or ‘‘blended’’ 
units. 
(E) Basing of future aviation forces. 
(F) Employment of Naval Reserve aviation 
forces and personnel in peacetime and wartime 
operations. 
SEC. 529. OPERATIONAL ACTIVITIES CONDUCTED BY THE 
NATIONAL GUARD UNDER AUTHORITY OF 
TITLE 32. 
(a) IN GENERAL.—Title 32, United States Code, is 
amended by adding at the end the following new chapter:
126 
‘‘CHAPTER 9—OPERATIONS OF A 
NATIONAL OR FEDERAL INTEREST 
‘‘Sec. 
‘‘901. Operational activities. 
‘‘902. Operational duty. 
‘‘903. Funding assistance. 
‘‘904. Operations requests. 
‘‘§ 901. Operational activities 
‘‘The Secretary of Defense may provide funds in ad-
vance or on a reimbursable basis to a Governor to employ 
National Guard units and individuals to conduct oper-
ational activities that the Secretary determines to be in the 
national interest. The Secretary of Defense shall prescribe 
regulations to implement this chapter. 
‘‘§ 902. Operational duty 
‘‘All duty performed under this chapter shall be consid-
ered to be full-time National Guard duty under section 
502(f) of this title. Members of the National Guard per-
forming full-time National Guard duty in the Active Guard 
and Reserve Program may support or execute operational 
activities performed by the National Guard under this 
chapter. 
‘‘§ 903. Funding assistance 
‘‘When the Secretary of Defense determines that certain 
operational activities of the National Guard are in the na-
tional interest under section 901 of this title, the Secretary 
shall provide funds to a State in an amount that the Sec-
retary determines is appropriate for the following costs of
127 
the operational activities from funds available to the De-
partment for related purposes: 
‘‘(1) The pay, allowances, clothing, subsistence, 
gratuities, travel, and related expenses of personnel of 
the National Guard of that State. 
‘‘(2) The operation and maintenance of the 
equipment and facilities of the National Guard of 
that State. 
‘‘(3) The procurement of services and equipment, 
and the leasing of equipment, for the National Guard 
of that State. 
‘‘§ 904. Operations requests 
‘‘(a) REQUESTS.—A Governor of a State may request 
funding assistance for the operational activities of the Na-
tional Guard of that State from the Secretary of Defense. 
Any such request shall include the following: 
‘‘(1) The specific intended operational activities 
of the National Guard of that State. 
‘‘(2) An explanation of why the operational ac-
tivities are in the national interest. 
‘‘(3) A certification that operational activities 
are to be conducted at a time when the personnel in-
volved are not in Federal service. 
‘‘(4) A certification that participation by Na-
tional Guard personnel in the operational activities is
128 
service in addition to training required under section 
502 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters at 
the beginning of such title is amended by adding at the end 
the following new item: 
‘‘9. Operations of a National or Federal Interest ....................
901’’. 
(c) CONFORMING AMENDMENT.—Section 115(h) of title 
10, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(i) CERTAIN FULL-TIME NATIONAL GUARD DUTY 
PERSONNEL EXCLUDED FROM COUNTING FOR FULL-TIME 
NATIONAL GUARD DUTY END STRENGTHS.—In counting 
full-time National Guard duty personnel for the purpose 
of end-strengths authorized pursuant to subsection (a)(1), 
persons involuntarily performing operational activities 
under chapter 9 of title 32 shall be excluded.’’. 
SEC. 530. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE 
COMPONENT ADVISERS TO UNITS OF THE SE-
LECTED RESERVE. 
(a) CHANGE IN MINIMUM NUMBER REQUIRED TO BE 
ASSIGNED.—Section 414(c)(1) of the National Defense Au-
thorization Act for Fiscal Year 2002 (Public Law 107–107; 
10 U.S.C. 12001 note) is amended by striking ‘‘5,000’’ and 
inserting ‘‘3,500’’. 
(b) LIMITATION ON REDUCTIONS.—Notwithstanding 
the amendment made by subsection (a), the Secretary of the
129 
Army may not reduce the number of active component Re-
serve support personnel below the number of such personnel 
as of the date of the enactment of this Act until the report 
required by subsection (c) has been submitted. 
(c) REPORT.—Not later than March 31, 2005, the Sec-
retary of the Army shall submit to the Committees on 
Armed Services of the Senate and House of Representatives 
a report on the support by active components of the Army 
for training and readiness of the Army National Guard and 
Army Reserve. The report shall include an evaluation and 
determination of each of the following: 
(1) The effect on the ability of the Army to im-
prove such training and readiness resulting from the 
reduction under the amendment made by subsection 
(a) in the minimum number of active component Re-
serve support personnel. 
(2) The adequacy of having 3,500 members of the 
Army (the minimum number required under the law 
as so amended) assigned as active component Reserve 
support personnel in order to meet emerging training 
requirements in the Army reserve components in con-
nection with unit and force structure conversions and 
preparations for wartime deployment 
(3) The nature and effectiveness of efforts by the 
Army to reallocate the 3,500 personnel assigned as ac-
130 
tive component Reserve support personnel to higher 
priority requirements and to expand the use of reserv-
ists on active duty to meet reserve component train-
ing needs. 
(4) Whether the Army is planning further reduc-
tions in the number of active component Reserve sup-
port personnel and, if so, the scope and rationale for 
those reductions. 
(5) Whether an increase in Army reserve compo-
nent full-time support personnel will be required to 
replace the loss of active component Reserve support 
personnel. 
(d) DEFINITION.—In this section, the term ‘‘active 
component Reserve support personnel’’ means the active 
component Army personnel assigned as advisers to units 
of the Selected Reserve of the Ready Reserve of the Army 
pursuant to section 414 of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 10 
U.S.C. 12001 note).
131 
Subtitle D—Joint Officer 
Management 
SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVEL-
OPMENT TO OVERALL MISSIONS AND GOALS 
OF DEPARTMENT OF DEFENSE. 
(a) PLAN REQUIRED.—(1) The Secretary of Defense 
shall develop a strategic plan for joint officer management 
and joint professional military education that links joint 
officer development to the accomplishment of the overall 
missions and goals of the Department of Defense, as set 
forth in the most recent national military strategy under 
section 153(d) of title 10, United States Code. Such plan 
shall be developed for the purpose of ensuring that sufficient 
numbers of qualified officers are available as necessary to 
meet the needs of the Department for qualified officers who 
are operationally effective in the joint environment. 
(2) The Secretary shall develop the strategic plan with 
the advice of the Chairman of the Joint Chiefs of Staff. 
(b) MATTERS TO BE INCLUDED.—As part of the stra-
tegic plan under subsection (a), the Secretary shall include 
the following: 
(1) A statement of the levels of joint officer re-
sources needed to be available to properly support the 
overall missions of the Department of Defense, with 
such resources to be specified by the number of officers
132 
with the joint specialty, the number of officers re-
quired for service in joint duty assignment positions, 
and the training and education resources required. 
(2) An assessment of the available and projected 
joint officer development resources (including officers, 
educational and training resources, and availability 
of joint duty assignment positions and tours of duty) 
necessary to achieve the levels specified under para-
graph (1). 
(3) Identification of any problems or issues aris-
ing from linking resources for joint officer develop-
ment to accomplishment of the objective of meeting the 
levels specified under paragraph (1) to resolve those 
problems and issues and plans. 
(4) A description of the process for identification 
of the requirement for joint specialty officers. 
(5) A description of the career development and 
management of joint specialty officers and of any 
changes to be made to facilitate achievement of the 
levels of resources specified in paragraph (1), includ-
ing additional education requirements, promotion op-
portunities, and assignments to fill joint assignments. 
(c) INCLUSION OF RESERVE COMPONENT OFFICERS.— 
In developing the strategic plan required by subsection (a),
133 
the Secretary shall include joint officer development for offi-
cers on the reserve active-status list in the plan. 
(d) REPORT.—The Secretary shall submit the plan de-
veloped under this section to the Committees on Armed 
Services of the Senate and House of Representatives not 
later than January 15, 2006. 
(e) ADDITIONAL ASSESSMENT.—Not later than Janu-
ary 15, 2007, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives, as a follow-on to the report under sub-
section (d), a report providing an assessment of, and initia-
tives to improve, the performance in joint matters of the 
following: 
(1) Senior civilian officers and employees in the 
Office of the Secretary of Defense, the Defense Agen-
cies, and the military departments. 
(2) Senior noncommissioned officers. 
(3) Senior leadership in the reserve components. 
SEC. 532. JOINT REQUIREMENTS FOR PROMOTION TO FLAG 
OR GENERAL OFFICER GRADE. 
(a) EFFECTIVE DATE FOR JOINT SPECIALTY OFFICER 
REQUIREMENT.—Subsection (a)(2) of section 619a of title 
10, United States Code, is amended by striking ‘‘September 
30, 2007’’ and inserting ‘‘September 30, 2008’’.
134 
(b) EXCEPTION TO JOINT DUTY REQUIREMENT FOR 
OFFICERS SERVING IN JOINT DUTY ASSIGNMENT WHEN 
CONSIDERED FOR PROMOTION.—Subsection (b)(4) of such 
section is amended by striking ‘‘if—’’ and all that follows 
through ‘‘(B) the officer’s’’ and inserting ‘‘if the officer’s’’. 
SEC. 533. CLARIFICATION OF TOURS OF DUTY QUALIFYING 
AS A JOINT DUTY ASSIGNMENT. 
(a) CONSECUTIVE TOURS OF DUTY IN JOINT DUTY AS-
SIGNMENTS.—Section 668(c) of title 10, United States Code, 
is amended by striking ‘‘within the same organization’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall not apply in the case of a joint duty assign-
ment completed by an officer before the date of the enact-
ment of this Act, except in the case of an officer has contin-
ued in joint duty assignments, without a break in service 
in such assignments, between the end of such assignment 
and the date of the enactment of this Act. 
SEC. 534. AUTHORITY FOR RESERVE OFFICERS TO QUALIFY 
AS JOINT SPECIAL OFFICERS. 
(a) AUTHORITY.—Subsection (a) of section 661 of title 
10, United States Code, is amended by striking ‘‘on the ac-
tive-duty list’’. 
(b) NOMINATIONS FOR SELECTION.—Subsection (b) of 
such section is amended in the second sentence—
135 
(1) by striking ‘‘and’’ after ‘‘military depart-
ment,’’; and 
(2) by inserting after ‘‘such date,’’ the following: 
‘‘, and each reserve component officer in an active 
status who is not on the active-duty list,’’. 
(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 officers’’ 
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
136 
(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 
number of reserve component officers who were so cer-
tified during the reporting period.’’. 
(2) The Secretary of Defense shall include in the an-
nual report of the Secretary to Congress for fiscal year 
2005, as part of the material included in that report pursu-
ant to paragraph (18) of section 667 of title 10, United 
States Code, a summary of the joint officer management 
policies adopted for reserve component officers pursuant to 
the amendments made by subsections (a) and (b). 
Subtitle E—Professional Military 
Education 
SEC. 541. IMPROVEMENT TO PROFESSIONAL MILITARY EDU-
CATION IN THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Part III of subtitle A of title 10, 
United States Code, is amended— 
(1) by redesignating chapter 107 as chapter 
106A; and 
(2) by inserting before chapter 108 the following 
new chapter:
137 
‘‘CHAPTER 107—PROFESSIONAL MILITARY 
EDUCATION 
‘‘Sec. 
‘‘2151. Definitions 
‘‘2152. Professional military education: general requirements. 
‘‘2153. Capstone course: newly selected general and flag officers. 
‘‘2154. Joint professional military education: three-phase approach. 
‘‘2155. Intermediate level service colleges: written examination for selection for at-
tendance. 
‘‘2156. Joint professional military education phase II program of instruction. 
‘‘2157. Intermediate and senior level service colleges; Joint Forces Staff College: 
duration of principle course of instruction. 
‘‘2158. Annual report to Congress. 
‘‘§ 2151. Definitions 
(a) JOINT PROFESSIONAL MILITARY EDUCATION.— 
Joint professional military education consists of the rig-
orous and thorough instruction and examination of officers 
of the armed forces in an environment designed to promote 
a theoretical and practical in-depth understanding of joint 
matters and, specifically, of the subject matter covered. The 
subject matter to be covered by joint professional military 
education shall include at least the following: 
‘‘(1) Integrated employment of land, sea, 
and air forces. 
‘‘(2) National military strategy. 
‘‘(3) Strategic planning. 
‘‘(4) Contingency planning. 
‘‘(5) Command and control of combat oper-
ations under unified command. 
‘‘(6) Joint and combined operations. 
‘‘(7) Joint doctrine.
138 
‘‘(8) Joint logistics. 
‘‘(9) Joint communications. 
‘‘(10) Joint intelligence. 
‘‘(11) Campaign planning. 
‘‘(12) Joint military command and control 
systems and the interface of those systems with 
national command systems. 
‘‘(13) Joint force development, including 
mobilization. 
‘‘(14) Joint requirements development. 
‘‘(15) Military history. 
‘‘(16) Awareness of cultures in areas outside 
of the United States where United States forces 
may operate or of forces of foreign countries with 
whom United States forces may operate. 
‘‘(b) OTHER DEFINITIONS.—In this chapter: 
‘‘(1) The term ‘senior level service school’ means 
any of the following: 
‘‘(A) The Army War College. 
‘‘(B) The College of Naval Warfare. 
‘‘(C) The Air War College. 
‘‘(D) The Marine Corps University. 
‘‘(2) The term ‘intermediate level service school’ 
means any of the following:
139 
‘‘(A) The United States Army Command 
and General Staff College. 
‘‘(B) The College of Naval Command and 
Staff. 
‘‘(C) The Air Command and Staff College. 
‘‘(D) The Marine Corps Command and 
Staff College. 
‘‘§ 2152. Joint professional military education: gen-
eral requirements 
‘‘(a) IN GENERAL.—The Secretary of Defense shall im-
plement a coherent and comprehensive framework for the 
joint professional military education of officers, including 
officers nominated under section 661 of this title for the 
joint specialty. 
‘‘§ 2153. Capstone course: newly selected general and 
flag officers 
‘‘(a) REQUIREMENT.—Each officer selected for pro-
motion to the grade of brigadier general or, in the case of 
the Navy, rear admiral (lower half) shall be required, after 
such selection, to attend a military education course de-
signed specifically to prepare new general and flag officers 
to work with the other armed forces. 
‘‘(b) WAIVER AUTHORITY.—(1) Subject to paragraph 
(2), the Secretary of Defense may waive subsection (a)—
140 
‘‘(A) in the case of an officer whose immediately 
previous assignment was in a joint duty assignment 
and who is thoroughly familiar with joint matters; 
‘‘(B) when necessary for the good of the service; 
‘‘(C) in the case of an officer whose proposed se-
lection for promotion is based primarily upon sci-
entific and technical qualifications for which joint re-
quirements do not exist (as determined under regula-
tions prescribed under section 619(e)(4) of this title); 
and 
‘‘(D) in the case of a medical officer, dental offi-
cer, veterinary officer, medical service officer, nurse, 
biomedical science officer, or chaplain. 
‘‘(2) The authority of the Secretary of Defense to grant 
a waiver under paragraph (1) may only be delegated to 
the Deputy Secretary of Defense, an Under Secretary of De-
fense, or an Assistant Secretary of Defense. Such a waiver 
may be granted only on a case-by-case basis in the case 
of an individual officer. 
‘‘§ 2154. Joint professional military education: three- 
phase approach 
‘‘(a) THREE-PHASE APPROACH.—The Secretary of De-
fense shall implement a three-phase approach to joint pro-
fessional military education, as follows:
141 
‘‘(1) There shall be a course of instruction, des-
ignated and certified by the Secretary of Defense as 
Phase I instruction, consisting all the elements of a 
joint professional military education (as specified in 
section 2151(a) of this title), in addition to the prin-
cipal curriculum taught to all officers at an inter-
mediate level service school. 
‘‘(2) There shall be a course of instruction, des-
ignated and certified by the Secretary of Defense as 
Phase II instruction, consisting of a joint professional 
military education curriculum taught in residence 
at— 
‘‘(A) the Joint Forces Staff College; or 
‘‘(B) a senior level service school that has 
been designated and certified by the Secretary of 
Defense as a joint professional military edu-
cation institution. 
‘‘(3) There shall be a course of instruction, des-
ignated and certified by the Secretary of Defense as 
the Capstone course, for officers selected for promotion 
to the grade of brigadier general or, in the case of the 
Navy, rear admiral (lower half) and offered in ac-
cordance with section 2153 of this title. 
‘‘(b) SEQUENCED APPROACH.—The Secretary shall re-
quire the sequencing of joint professional military edu-
142 
cation so that the standard sequence of assignments for such 
education requires an officer to complete Phase I instruc-
tion before proceeding to Phase II instruction, as provided 
in section 2156(a) of this title. 
‘‘§ 2155. Intermediate level service school: written ex-
amination for selection for attendance 
‘‘(a) REQUIREMENT.—The Secretary of each military 
department shall require that performance on a comprehen-
sive written examination shall constitute not less than 20 
percent of the evaluation criteria for selection of any officer 
for full-time attendance at an intermediate level service 
school under the jurisdiction of the Secretary. Such an ex-
amination shall be designed so as to require substantive 
knowledge of military history, national military strategy, 
service and joint doctrine, and such other subjects as the 
Secretary may require. Such an examination shall be re-
quired for each class entering an intermediate level service 
school after September 30, 2007. 
‘‘(b) SELECTION FROM DIFFERENT SERVICE.—The 
Secretary of a military department, in considering can-
didates for full-time attendance at an intermediate level 
service school under the jurisdiction of the Secretary who 
are officers of an armed force other than the armed force 
that administers that service school, shall consider such an 
officer to be qualified for selection for such attendance if
143 
the officer has met all the requirements for attendance at 
the equivalent intermediate level service school of that offi-
cer’s own armed force. 
‘‘§ 2156. Joint professional military education phase 
II program of instruction 
‘‘(a) PREREQUISITE OF COMPLETION OF JOINT PRO-
FESSIONAL MILITARY EDUCATION I PROGRAM OF INSTRUC-
TION.—(1) After September 30, 2009, an officer of the 
armed forces may not be accepted for, or assigned to, a pro-
gram of instruction designated by the Secretary of Defense 
as joint professional military education Phase II unless the 
officer has successfully completed a program of instruction 
designated by the Secretary of Defense as joint professional 
military education Phase I. 
‘‘(2) The Chairman of the Joint Chiefs of Staff may 
grant exceptions to the requirement under paragraph (1). 
Such an exception may be granted only on a case-by-case 
basis for compelling cause, as determined by the Chairman. 
An officer selected to receive such an exception shall be re-
quired to demonstrate a knowledge of joint matters and 
other aspects of the Phase I curriculum that, to the satisfac-
tion of the Chairman, qualifies the officer to meet the min-
imum requirements established for entry into Phase II in-
struction without first completing Phase I instruction. The 
number of officers selected to attend an offering of the prin-
144 
cipal course of instruction at the Joint Forces Staff College 
or a senior level service school designated by the Secretary 
of Defense as a joint professional military education insti-
tution who have not completed Phase I instruction should 
comprise no more than 10 percent of the total number of 
officers selected. 
‘‘(b) PHASE II REQUIREMENTS.—The Secretary shall 
require that the curriculum for Phase II joint professional 
military education at any school— 
‘‘(1) focus on developing joint attitudes and per-
spectives and honing joint warfighting skills; and 
‘‘(2) be structured — 
‘‘(A) so as to adequately prepare students to 
perform effectively in an assignment to a joint, 
multiservice organization; and 
‘‘(B) so that students progress from a basic 
knowledge of joint matters learned in Phase I in-
struction to the level of expertise necessary for 
successful performance in the joint arena. 
‘‘(c) CURRICULUM CONTENT.—In addition to the sub-
jects specified in section 2151(a) of this title, the curriculum 
for Phase II joint professional military education shall in-
clude the following: 
‘‘(1) National security strategy. 
‘‘(2) Theater strategy and campaigning.
145 
‘‘(3) Joint planning processes and systems. 
‘‘(4) Joint, interagency, and multinational capa-
bilities and the integration of those capabilities. 
‘‘(d) STUDENT RATIO; FACULTY RATIO.—(1) For 
courses of instruction in a Phase II program of instruction 
that is offered at senior level service school that has been 
designated by the Secretary of Defense as a joint profes-
sional military education institution— 
‘‘(1) the percentage of students enrolled in any 
such course who are officers of the armed force that 
administers the school may not exceed 60 percent, 
with the remaining services proportionally rep-
resented; and 
‘‘(2) of the faculty at the school who are active- 
duty officers who provide instruction in such courses, 
the percentage who are officers of the armed force that 
administers the school may not exceed 60 percent, 
with the remaining services proportionally rep-
resented. 
‘‘§ 2157. Intermediate and senior level service schools; 
Joint Forces Staff College: duration of 
principle course of instruction 
‘‘(a) SERVICE SCHOOLS.—The duration of the prin-
cipal course of instruction offered at each intermediate level 
service school and each senior level service school may not
146 
be less than 10 months of resident instruction. The Sec-
retary of Defense may waive the requirement in the pre-
ceding sentence during a period of war or during a national 
emergency declared by the President or the Congress. 
‘‘(b) JOINT FORCES STAFF COLLEGE.—(1) The dura-
tion of the principal course of instruction offered at the 
Joint Forces Staff College may not be less than 10 weeks 
of resident instruction. 
‘‘(2) In this subsection, the term ‘principal course of 
instruction’ means any course of instruction offered at the 
Joint Forces Staff College as Phase II joint professional 
military education. 
‘‘§ 2158. Annual report to Congress 
‘‘The Secretary of Defense shall include in the annual 
report of the Secretary to Congress under section 113(c) of 
this title, for the period covered by the report, the following 
information (which shall be shown for the Department of 
Defense as a whole and separately for the Army, Navy, Air 
Force, and Marine Corps and each reserve component): 
‘‘(1) The number of officers who successfully com-
pleted a joint professional military education phase 
II course and were not selected for promotion. 
‘‘(2) The number of officer students and faculty 
members assigned by each service to the professional
147 
military schools of the other services and to the joint 
schools.’’. 
(b) TRANSFER OF OTHER PROVISIONS.—Subsections 
(b) and (c) of section 663 of title 10, United States Code, 
are transferred to section 2151 of such title, as added by 
subsection (a), and added at the end thereof. 
(c) CONFORMING AMENDMENTS.—(1) Section 663 of 
such title, as amended by subsection (b), is further amend-
ed— 
(A) by striking subsections (a) and (e); and 
(B) by striking ‘‘(d) POST-EDUCATION JOINT 
DUTY ASSIGNMENTS.—(1) The’’ and inserting ‘‘(a) 
JOINT SPECIALTY OFFICERS.—The’’; 
(C) by striking ‘‘(2)(A) The Secretary’’ and in-
serting ‘‘(b) OTHER OFFICERS.—(1) The Secretary’’; 
(D) by striking ‘‘in subparagraph (B)’ and in-
serting ‘‘in paragraph (2)’’; 
(E) by striking ‘‘(B) The Secretary’’ and insert-
ing ‘‘(2) The Secretary’’; and 
(F) by striking ‘‘in subparagraph (B)’ and in-
serting ‘‘in paragraph (1)’’. 
(2)(A) The heading of such section is amended to read 
as follows:
148 
‘‘§ 633. Joint duty assignments after completion of 
joint professional military education’’. 
(B) The item relating to that section in the table of 
sections at the beginning of chapter 38 of such title is 
amended to read as follows: 
‘‘633. Joint duty assignments after completion of joint professional military edu-
cation.’’. 
(d) CONFORMING REPEAL.—Section 1123(b) of the Na-
tional Defense Authorization Act for Fiscal Years 1990 and 
1991 (Public Law 101–189; 103 Stat. 1556) is repealed. 
(e) CLERICAL AMENDMENT.—The tables of chapters at 
the beginning of subtitle A, and at the beginning of part 
III of subtitle A, of title 10, United States Code, are amend-
ed by striking the item relating to chapter 107 and insert-
ing the following: 
‘‘106A. Educational Assistance for Persons Enlisting for 
Active Duty .................................................................... 2141
‘‘107. Professional Military Education
..................................... 2151’’. 
SEC. 542. RIBBONS TO RECOGNIZE COMPLETION OF JOINT 
PROFESSIONAL MILITARY EDUCATION. 
(a) IN GENERAL.—(1) Chapter 57 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 1134. Joint professional military education ribbon: 
award 
‘‘(a) JPME I.—The Secretary of Defense may award 
a ribbon, of appropriate design, as approved by the Sec-
149 
retary, to any person who successfully completes a program 
of instruction approved by the Secretary as qualifying for 
credit as the Joint Professional Military Education Phase 
I program of instruction. 
‘‘(b) JPME II.—The Secretary of Defense may award 
a device, of appropriate design, as approved by the Sec-
retary, for wear with the ribbon awarded under subsection 
(a), to any person who successfully completes a program 
of instruction approved by the Secretary as qualifying for 
credit as the Joint Professional Military Education Phase 
II course of instruction.’’. 
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item: 
‘‘1134. Joint professional military education ribbon: award.’’. 
(b) EFFECTIVE DATE.—Section 1134 of title 10, 
United States Code, as added by subsection (a), shall apply 
with respect to the successful completion of a joint profes-
sional military education program of instruction after No-
vember 29, 1989. 
SEC. 543. INCREASE IN NUMBER OF PRIVATE-SECTOR CIVIL-
IANS WHO MAY BE ENROLLED FOR INSTRUC-
TION AT NATIONAL DEFENSE UNIVERSITY. 
Section 2167(a) of title 10, United States Code, is 
amended by striking ‘‘10’’ and inserting ‘‘20’’.
150 
SEC. 544. REQUIREMENT FOR COMPLETION OF PHASE I 
JOINT PROFESSIONAL MILITARY EDUCATION 
BEFORE PROMOTION TO COLONEL OR NAVY 
CAPTAIN. 
(a) IN GENERAL.—Chapter 36 of title 10, United 
States Code, is amended by inserting after section 619a the 
following new section: 
‘‘§ 619b. Eligibility for consideration for promotion: 
joint professional military education re-
quired before promotion to colonel or 
Navy captain; exceptions 
‘‘(a) GENERAL RULE.—After September 30, 2007, an 
officer on the active-duty list of the Army, Air Force, or 
Marine Corps may not be appointed to the grade of colonel, 
and an officer on the active-duty list of the Navy may not 
be appointed to the grade of captain, unless the officer has 
successfully completed a program of instruction approved 
by the Secretary as qualifying for credit as the Joint Profes-
sional Military Education Phase I or Phase II program 
of instruction. 
‘‘(b) EXCEPTIONS.—Subject to subsection (c), the Sec-
retary of Defense may waive subsection (a) in the following 
circumstances: 
‘‘(1) When necessary for the good of the service. 
‘‘(2) In the case of an officer whose proposed se-
lection for promotion is based primarily upon sci-
151 
entific and technical qualifications for which joint re-
quirements do not exist. 
‘‘(3) In the case of— 
‘‘(A) a medical officer, dental officer, veteri-
nary officer, medical service officer, nurse, or 
biomedical science officer; 
‘‘(B) a chaplain; or 
‘‘(C) a judge advocate. 
‘‘(c) WAIVER TO BE INDIVIDUAL.—A waiver may be 
granted under subsection (b) only on a case-by-case basis 
in the case of an individual officer. 
‘‘(d) SPECIAL
RULE
FOR
GOOD-OF-THE-SERVICE 
WAIVER.—In the case of a waiver under subsection (b)(1), 
the Secretary shall provide that the first duty assignment 
as a colonel or Navy captain of the officer for whom the 
waiver is granted shall be to a program of joint professional 
military education. 
‘‘(e) LIMITATION ON DELEGATION OF WAIVER AU-
THORITY.—The authority of the Secretary of Defense to 
grant a waiver under subsection (b) (other than under 
paragraph (1) of that subsection) may be delegated only to 
the Deputy Secretary of Defense, an Under Secretary of De-
fense, or an Assistant Secretary of Defense. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out this section. The regula-
152 
tions shall specifically identify for purposes of subsection 
(b)(2) those categories of officers for which selection for pro-
motion to colonel or, in the case of the Navy, captain is 
based primarily upon scientific and technical qualifications 
for which joint requirements do not exist.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘619b. Eligibility for consideration for promotion: joint professional military edu-
cation required before promotion to colonel or Navy captain; ex-
ceptions.’’. 
Subtitle F—Other Education and 
Training Matters 
SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PRO-
GRAM. 
(a) CODIFICATION AND EXTENSION OF ARMY PRO-
GRAM.—(1) Chapter 31 of title 10, United States Code, is 
amended by inserting after section 510 the following new 
section: 
‘‘§ 511. College First Program 
‘‘(a) PROGRAM AUTHORITY.—The Secretary of each 
military department may establish a program to increase 
the number of, and the level of the qualifications of, persons 
entering the armed forces as enlisted members by encour-
aging recruits to pursue higher education or vocational or 
technical training before entry into active service.
153 
‘‘(b) DELAYED ENTRY WITH ALLOWANCE FOR HIGHER 
EDUCATION.—The Secretary concerned may— 
‘‘(1) exercise the authority under section 513 of 
this title— 
‘‘(A) to accept the enlistment of a person as 
a Reserve for service in the Selected Reserve or 
Individual Ready Reserve of a reserve compo-
nent, notwithstanding the scope of the authority 
under subsection (a) of that section, in the case 
of the Army National Guard of the United States 
or Air National Guard of the United States; and 
‘‘(B) to authorize, notwithstanding the pe-
riod limitation in subsection (b) of that section, 
a delay of the enlistment of any such person in 
a regular component under that subsection for 
the period during which the person is enrolled 
in, and pursuing a program of education at, an 
institution of higher education, or a program of 
vocational or technical training, on a full-time 
basis that is to be completed within the max-
imum period of delay determined for that person 
under subsection (c); and 
‘‘(2) subject to paragraph (2) of subsection (d) 
and except as provided in paragraph (3) of that sub-
section, pay an allowance to a person accepted for en-
154 
listment under paragraph (1)(A) for each month of 
the period during which that person is enrolled in 
and pursuing a program described in paragraph 
(1)(B). 
‘‘(c) MAXIMUM PERIOD OF DELAY.—The period of 
delay authorized a person under paragraph (1)(B) of sub-
section (b) may not exceed the 30-month period beginning 
on the date of the person’s enlistment accepted under para-
graph (1)(A) of such subsection. 
‘‘(d) ALLOWANCE.—(1) The monthly allowance paid 
under subsection (b)(2) shall be equal to the amount of the 
subsistence allowance provided for certain members of the 
Senior Reserve Officers’ Training Corps with the cor-
responding number of years of participation under section 
209(a) of title 37. The Secretary concerned may supplement 
that stipend by an amount not to exceed $225 per month. 
‘‘(2) An allowance may not be paid to a person under 
this section for more than 24 months. 
‘‘(3) A member of the Selected Reserve of a reserve com-
ponent may be paid an allowance under this section only 
for months during which the member performs satisfactorily 
as a member of a unit of the reserve component that trains 
as prescribed in section 10147(a)(1) of this title or section 
502(a) of title 32. Satisfactory performance shall be deter-
155 
mined under regulations prescribed by the Secretary con-
cerned. 
‘‘(4) An allowance under this section is in addition 
to any other pay or allowance to which a member of a re-
serve component is entitled by reason of participation in 
the Ready Reserve of that component. 
‘‘(e) RECOUPMENT
OF ALLOWANCE.—(1) A person 
who, after receiving an allowance under this section, fails 
to complete the total period of service required of that per-
son in connection with delayed entry authorized for the per-
son under section 513 shall repay the United States the 
amount which bears the same ratio to the total amount of 
that allowance paid to the person as the unserved part of 
the total required period of service bears to the total period. 
‘‘(2) An obligation to repay the United States imposed 
under paragraph (1) is for all purposes a debt owed to the 
United States. 
‘‘(3) A discharge of a person in bankruptcy under title 
11 that is entered less than five years after the date on 
which the person was, or was to be, enlisted in the regular 
Army pursuant to the delayed entry authority under section 
513 does not discharge that person from a debt arising 
under paragraph (1). 
‘‘(4) The Secretary concerned may waive, in whole or 
in part, a debt arising under paragraph (1) in any case
156 
for which the Secretary determines that recovery would be 
against equity and good conscience or would be contrary 
to the best interests of the United States. 
‘‘(f) SPECIAL PAY AND BONUSES.—Upon enlisting in 
the regular component of the member’s armed force, a per-
son who initially enlisted as a Reserve under this section 
may, at the discretion of the Secretary concerned, be eligible 
for all regular special pays, bonuses, education benefits, and 
loan repayment programs.’’. 
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section 
510 the following new item: 
‘‘511. College First Program’’. 
(b) REPEAL OF ARMY COLLEGE FIRST PROGRAM.— 
Section 573 of the National Defense Authorization Act for 
Fiscal Year 2000 (10 U.S.C. 513 note) is repealed. The Sec-
retary of the Army shall treat the program under section 
511 of title 10, United States Code, as added by subsection 
(a), as a continuation of the program under the section re-
pealed by the preceding sentence. 
(c) EFFECTIVE DATE.—Section 511 of title 10, United 
States Code, as added by subsection (a), and the repeal 
made by subsection (b) shall take effect on October 1, 2004. 
(d) LIMITATION
ON FISCAL YEAR 2005 OBLIGA-
TIONS.—During fiscal year 2005, obligations incurred 
under section 511 of title 10, United States Code, as added
157 
by subsection (a), to pay allowances to persons accepted for 
enlistment as a Reserve for service in the Selected Reserve 
or Individual Ready Reserve of a reserve component using 
the expanded authority provided by the amendment made 
by subsection (a) may not exceed $5,000,000. The authority 
to pay allowances under such section shall not be considered 
to be an expanded authority to the extent that the authority 
to pay such allowances was available under section 573 of 
the National Defense Authorization Act for Fiscal Year 
2000 (10 U.S.C. 513 note), before the repeal of such section 
by subsection (b). 
SEC. 552. STANDARDIZATION OF AUTHORITY TO CONFER 
DEGREES ON GRADUATES OF COMMUNITY 
COLLEGE OF THE AIR FORCE WITH AUTHOR-
ITY FOR OTHER SCHOOLS OF AIR UNIVER-
SITY. 
(a) CHANGE IN DEGREE CONFERRING AUTHORITY.— 
Section 9315(c) of title 10, United States Code, is amend-
ed— 
(1) in paragraph (1), by striking ‘‘Air Edu-
cation and Training Command of the Air Force’’ and 
inserting ‘‘Air University’’; and 
(2) in paragraph (2), by striking ‘‘Air Edu-
cation and Training Command of the Air Force’’ and 
inserting ‘‘Air University’’.
158 
(b) CONFORMING AND STYLISTIC AMENDMENTS.—(1) 
Subsection (a) of section 9317 of such title is amended— 
(1) by striking ‘‘may confer—’’ and inserting 
‘‘may confer degrees as follows:’’; 
(2) by striking ‘‘the’’ in paragraphs (1), (2), and 
(3) after the paragraph designation and inserting 
‘‘The’’; 
(3) by striking the semicolon at the end of para-
graph (1) and inserting a period; 
(4) by striking ‘‘; and’’ at the end of paragraph 
(2) and inserting a period; and 
(5) by adding at the end the following new para-
graph: 
‘‘(4) An associate level degree upon graduates of 
the Community College of the Air Force.’’. 
(c) CLERICAL AMENDMENTS.—The heading for such 
section, and the item relating to such section in the table 
of sections at the beginning of chapter 901 of such title, 
are amended by striking the matter between the colon and 
the last word. 
SEC. 553. CHANGE IN TITLES OF HEADS OF THE NAVAL 
POSTGRADUATE SCHOOL. 
(a) PRESIDENT
OF
THE SCHOOL.—(1)(A) Section 
7042 of title 10, United States Code, is amended by striking
159 
‘‘Superintendent’’ each place it appears in the text and in-
serting ‘‘President’’. 
(B) The heading of such section is amended to read 
as follows: 
‘‘§ 7042. President; assistants’’. 
(2)(A) Section 7044 of such title is amended by strik-
ing ‘‘Superintendent’’ and inserting ‘‘President of the 
school’’; 
(B) Sections 7048(a) and 7049(e) of such title are 
amended by striking ‘‘Superintendent’’ and inserting 
‘‘President’’; 
(b) PROVOST
AND ACADEMIC DEAN.—(1)(A) Sub-
section (a) of section 7043 of title 10, United States Code, 
is amended to read as follows: 
‘‘(a) There is at the Naval Postgraduate School the ci-
vilian position of Provost and Academic Dean. The Provost 
and Academic Dean shall be appointed, to serve for periods 
of not more than five years, by the Secretary of the Navy 
after consultation with the Naval Postgraduate School 
Board of Advisors and consideration of the recommendation 
of the leadership and faculty of the Naval Postgraduate 
School.’’. 
(B) Subsection (b) of such section is amended by strik-
ing ‘‘Academic Dean’’ and inserting ‘‘Provost and Aca-
demic Dean’’.