II 
June 23 (legislative day, June 22), 2004 
Ordered to be printed as passed 
In the Senate of the United States, 
June 23 (legislative day, June 22), 2004. 
Resolved, That the bill from the House of Representa-
tives (H.R. 4200) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2005 for military activities of the Depart-
ment of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for 
other purposes.’’, do pass with the following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ronald W. Reagan Na-
tional Defense Authorization Act for Fiscal Year 2005’’.
HR 4200 EAS 
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. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees defined. 
DIVISION A—DEPARTMENT OF DEFENSE 
AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Subtitle B—Army Programs 
Sec. 111. Light utility helicopter program. 
Sec. 112. Up-armored high mobility multi-purpose wheeled vehicles or wheeled ve-
hicle ballistic add-on armor protection. 
Sec. 113. Command-and-control vehicles or field artillery ammunition support 
vehicles. 
Subtitle C—Navy Programs 
Sec. 121. LHA(R) amphibious assault ship program. 
Sec. 122. Multiyear procurement authority for the light weight 155-millimeter 
howitzer program. 
Sec. 123. Pilot program for flexible funding of submarine engineered refueling 
overhaul and conversion.
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Subtitle D—Air Force Programs 
Sec. 131. Prohibition of retirement of KC–135E aircraft. 
Sec. 132. Prohibition of retirement of F–117 aircraft. 
Sec. 133. Senior scout mission bed-down initiative. 
Subtitle E—Other Matters 
Sec. 141. Report on options for acquisition of precision-guided munitions. 
Sec. 142. Report on maturity and effectiveness of the Global Information Grid 
Bandwidth Expansion (GIG–BE) Network. 
TITLE II—RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for science and technology. 
Subtitle B—Program Requirements, Restrictions, and 
Limitations 
Sec. 211. DD(X)-class destroyer program. 
Sec. 212. Global Positioning System III satellite. 
Sec. 213. Initiation of concept demonstration of Global Hawk high altitude en-
durance unmanned aerial vehicle. 
Sec. 214. Joint Unmanned Combat Air Systems program. 
Sec. 215. Joint Strike Fighter Aircraft program. 
Sec. 216. Joint experimentation. 
Sec. 217. Infrastructure system security engineering development for the Navy. 
Sec. 218. Neurotoxin mitigation research. 
Sec. 219. Spiral development of joint threat warning system maritime variants. 
Sec. 220. Advanced ferrite antenna. 
Sec. 221. Prototype littoral array system for operating submarines. 
Sec. 222. Advanced manufacturing technologies and radiation casualty research. 
Subtitle C—Ballistic Missile Defense 
Sec. 231. Fielding of ballistic missile defense capabilities. 
Sec. 232. Patriot Advance Capability-3 and Medium Extended Air Defense Sys-
tem. 
Sec. 233. Comptroller General assessments of ballistic missile defense programs. 
Sec. 234. Baselines and operational test and evaluation for ballistic missile de-
fense system. 
Subtitle D—Other Matters 
Sec. 241. Annual report on submarine technology insertion. 
Sec. 242. Sense of the Senate regarding funding of the advanced shipbuilding en-
terprise under the national shipbuilding research program of the 
Navy. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds.
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Sec. 303. Other Department of Defense programs. 
Sec. 304. Amount for one source military counseling and referral hotline. 
Subtitle B—Program Requirements, Restrictions, and 
Limitations 
Sec. 311. Commander’s Emergency Response Program. 
Sec. 312. Limitation on transfers out of working capital funds. 
Sec. 313. Family readiness program of the National Guard. 
Subtitle C—Environmental Provisions 
Sec. 321. Payment of certain private cleanup costs in connection with Defense 
Environmental Restoration Program. 
Sec. 322. Reimbursement of Environmental Protection Agency for certain costs in 
connection with Moses Lake Wellfield Superfund Site, Moses 
Lake, Washington. 
Sec. 323. Satisfaction of certain audit requirements by the Inspector General of 
the Department of Defense. 
Sec. 324. Comptroller General study and report on drinking water contamination 
and related health effects at Camp Lejeune, North Carolina. 
Sec. 325. Increase in authorized amount of environmental remediation, Front 
Royal, Virginia. 
Sec. 326. Comptroller General study and report on alternative technologies to de-
contaminate groundwater at Department of Defense installa-
tions. 
Sec. 327. Sense of Senate on perchlorate contamination of ground and surface 
water. 
Sec. 328. Amount for research and development for improved prevention of Leish-
maniasis. 
Sec. 329. Report regarding encroachment issues affecting Utah Test and Training 
Range, Utah. 
Subtitle D—Depot-Level Maintenance and Repair 
Sec. 331. Simplification of annual reporting requirements concerning funds ex-
pended for depot maintenance and repair workloads. 
Sec. 332. Repeal of requirement for annual report on management of depot em-
ployees. 
Sec. 333. Extension of special treatment for certain expenditures incurred in the 
operation of centers of industrial and technical excellence. 
Subtitle E—Extensions of Program Authorities 
Sec. 341. Two-year extension of Department of Defense telecommunications ben-
efit. 
Sec. 342. Two-year extension of Arsenal Support Program Initiative. 
Sec. 343. Reauthorization of warranty claims recovery pilot program. 
Subtitle F—Defense Dependents Education 
Sec. 351. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian 
employees. 
Sec. 352. Impact aid for children with severe disabilities. 
Sec. 353. Sense of the Senate regarding the impact of the privatization of mili-
tary housing on local schools
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Subtitle G—Other Matters 
Sec. 361. Charges for Defense Logistics Information Services materials. 
Sec. 362. Temporary authority for contractor performance of security-guard func-
tions. 
Sec. 363. Pilot program for purchase of certain municipal services for Depart-
ment of Defense installations. 
Sec. 364. Consolidation and improvement of authorities for Army working-cap-
ital funded facilities to engage in public-private partnerships. 
Sec. 365. Program to commemorate 60th anniversary of World War II. 
Sec. 366. Media coverage of the return to the United States of the remains of de-
ceased members of the Armed Forces from overseas. 
Sec. 367. Tracking and care of members of the Armed Forces who are injured in 
combat. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Additional authority for increases of Army active duty personnel end 
strengths for fiscal years 2005 through 2009. 
Sec. 403. Exclusion of service academy permanent and career professors from a 
limitation on certain officer grade strengths. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2005 limitations on non-dual status technicians. 
Sec. 415. Authorized strengths for Marine Corps Reserve officers in active status 
in grades below general officer. 
Subtitle C—Authorizations of Appropriations 
Sec. 421. Authorization of appropriations for military personnel. 
Sec. 422. Armed Forces Retirement Home. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Joint Officer Personnel Management 
Sec. 501. Modification of conditions of eligibility for waiver of joint duty credit 
requirement for promotion to general or flag officer. 
Sec. 502. Management of joint specialty officers. 
Sec. 503. Revised promotion policy objectives for joint officers. 
Sec. 504. Length of joint duty assignments. 
Sec. 505. Repeal of minimum period requirement for Phase II Joint Professional 
Military Education. 
Sec. 506. Revised definitions applicable to joint duty. 
Subtitle B—Other Officer Personnel Policy 
Sec. 511. Transition of active-duty list officer force to a force of all regular offi-
cers. 
Sec. 512. Eligibility of Navy staff corps officers to serve as Deputy Chiefs of 
Naval Operations and Assistant Chiefs of Naval Operations.
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Sec. 513. One-year extension of authority to waive joint duty experience as eligi-
bility requirement for appointment of chiefs of reserve compo-
nents. 
Sec. 514. Limitation on number of officers frocked to major general and rear ad-
miral (upper half). 
Sec. 515. Study regarding promotion eligibility of retired warrant officers re-
called to active duty. 
Subtitle C—Reserve Component Personnel Policy 
Sec. 521. Repeal of exclusion of active duty for training from authority to order 
reserves to active duty. 
Sec. 522. Exception to mandatory retention of Reserves on active duty to qualify 
for retirement pay. 
Subtitle D—Education and Training 
Sec. 531. One-year extension of Army College First pilot program. 
Sec. 532. Military recruiter equal access to campus. 
Sec. 533. Exclusion from denial of funds for preventing ROTC access to campus 
of amounts to cover individual costs of attendance at institutions 
of higher education. 
Sec. 534. Transfer of authority to confer degrees upon graduates of the Commu-
nity College of the Air Force. 
Sec. 535. Repeal of requirement for officer to retire upon termination of service 
as Superintendent of the Air Force Academy. 
Subtitle E—Decorations, Awards, and Commendations 
Sec. 541. Award of medal of honor to individual interred in the Tomb of the Un-
knowns as representative of casualties of a war. 
Sec. 542. Separate campaign medals for Operation Enduring Freedom and for 
Operation Iraqi Freedom. 
Sec. 543. Plan for revised criteria and eligibility requirements for award of com-
bat infantryman badge and combat medical badge for service in 
Korea after July 28, 1953. 
Subtitle F—Military Justice 
Sec. 551. Reduced blood alcohol content limit for offense of drunken operation of 
a vehicle, aircraft, or vessel. 
Sec. 552. Waiver of recoupment of time lost for confinement in connection with 
a trial. 
Sec. 553. Department of Defense policy and procedures on prevention and re-
sponse to sexual assaults involving members of the Armed Forces. 
Subtitle G—Scope of Duties of Ready Reserve Personnel in 
Inactive Duty Status 
Sec. 561. Redesignation of inactive-duty training to encompass operational and 
other duties performed by Reserves while in inactive duty status. 
Sec. 562. Repeal of unnecessary duty status distinction for funeral honors duty. 
Sec. 563. Conforming amendments to other laws referring to inactive-duty train-
ing. 
Sec. 564. Conforming amendments to other laws referring to funeral honors duty.
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Subtitle H—Other Matters 
Sec. 571. Accession of persons with specialized skills. 
Sec. 572. Federal write-in ballots for absentee military voters located in the 
United States. 
Sec. 573. Renaming of National Guard Challenge Program and increase in max-
imum Federal share of cost of State programs under the pro-
gram. 
Sec. 574. Appearance of veterans service organizations at preseparation coun-
seling provided by the Department of Defense. 
Sec. 575. Sense of the Senate regarding return of members to active duty service 
upon rehabilitation from service-related injuries. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL 
BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Geographic basis for housing allowance during short-assignment perma-
nent changes of station for education or training. 
Sec. 602. Immediate lump-sum reimbursement for unusual nonrecurring expenses 
incurred for duty outside the continental United States. 
Sec. 603. Permanent increase in authorized amount of family separation allow-
ance. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of other bonus and special pay authorities. 
Sec. 615. Reduced service obligation for nurses receiving nurse accession bonus. 
Sec. 616. Assignment incentive pay. 
Sec. 617. Permanent increase in authorized amount of hostile fire and imminent 
danger special pay. 
Sec. 618. Eligibility of enlisted members to qualify for critical skills retention 
bonus while serving on indefinite reenlistment. 
Sec. 619. Clarification of educational pursuits qualifying for Selected Reserve 
Education Loan Repayment Program for health professions offi-
cers. 
Sec. 620. Bonus for certain initial service of commissioned officers in the Selected 
Reserve. 
Sec. 621. Relationship between eligibility to receive supplemental subsistence al-
lowance and eligibility to receive imminent danger pay, family 
separation allowance, and certain Federal assistance. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Travel and transportation allowances for family members to attend bur-
ial ceremonies of members who die on duty. 
Sec. 632. Lodging costs incurred in connection with dependent student travel.
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Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Special rule for computing the high-36 month average for disabled 
members of reserve components. 
Sec. 642. Death benefits enhancement. 
Sec. 643. Repeal of phase-in of concurrent receipt of retired pay and veterans’ 
disability compensation for veterans with service-connected dis-
abilities rated as 100 percent. 
Sec. 644. Full SBP survivor benefits for surviving spouses over age 62. 
Sec. 645. Open enrollment period for survivor benefit plan commencing October 
1, 2005. 
Subtitle E—Other Matters 
Sec. 651. Increased maximum period for leave of absence for pursuit of a pro-
gram of education in a health care profession. 
Sec. 652. Eligibility of members for reimbursement of expenses incurred for adop-
tion placements made by foreign governments. 
Sec. 653. Acceptance of frequent traveler miles, credits, and tickets to facilitate 
the air or surface travel of certain members of the Armed Forces 
and their families. 
Sec. 654. Child care for children of members of Armed Forces on active duty for 
Operation Enduring Freedom or Operation Iraqi Freedom. 
Sec. 655. Relief for mobilized military reservists from certain Federal agricul-
tural loan obligations. 
TITLE VII—HEALTH CARE 
Subtitle A—Enhanced Benefits for Reserves 
Sec. 701. Demonstration project on health benefits for Reserves. 
Sec. 702. Permanent earlier eligibility date for TRICARE benefits for members 
of reserve components. 
Sec. 703. Waiver of certain deductibles for members on active duty for a period 
of more than 30 days. 
Sec. 704. Protection of dependents from balance billing. 
Sec. 705. Permanent extension of transitional health care benefits and addition 
of requirement for preseparation physical examination. 
Sec. 706. Expanded eligibility of Ready Reserve members under TRICARE pro-
gram. 
Sec. 707. Continuation of non-TRICARE health benefits plan coverage for certain 
Reserves called or ordered to active duty and their dependents. 
Subtitle B—Other Matters 
Sec. 711. Repeal of requirement for payment of subsistence charges while hospital-
ized. 
Sec. 712. Opportunity for young child dependent of deceased member to become 
eligible for enrollment in a TRICARE dental plan. 
Sec. 713. Pediatric dental practice necessary for professional accreditation. 
Sec. 714. Services of marriage and family therapists. 
Sec. 715. Chiropractic health care benefits advisory committee. 
Sec. 716. Grounds for Presidential waiver of requirement for informed consent or 
option to refuse regarding administration of drugs not approved 
for general use. 
Sec. 717. Eligibility of cadets and midshipmen for medical and dental care and 
disability benefits.
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Sec. 718. Continuation of sub-acute care for transition period. 
Sec. 719. Temporary authority for waiver of collection of payments due for 
CHAMPUS benefits received by disabled persons unaware of loss 
of CHAMPUS eligibility. 
Sec. 720. Vaccine Healthcare Centers Network. 
Sec. 721. Use of Department of Defense funds for abortions in cases of rape and 
incest 
TITLE VIII—ACQUISITION POLICY, ACQUISITION 
MANAGEMENT, AND RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Responsibilities of acquisition executives and Chief Information Officers 
under the Clinger-Cohen Act. 
Sec. 802. Software-related program costs under major defense acquisition pro-
grams. 
Sec. 803. Internal controls for Department of Defense purchases through GSA Cli-
ent Support Centers. 
Sec. 804. Defense commercial satellite services procurement process. 
Sec. 805. Revision and extension of authority for advisory panel on review of gov-
ernment procurement laws and regulations. 
Subtitle B—General Contracting Authorities, Procedures, and 
Limitations, and Other Matters 
Sec. 811. Increased thresholds for applicability of certain requirements. 
Sec. 812. Period for multiyear task and delivery order contracts. 
Sec. 813. Submission of cost or pricing data on noncommercial modifications of 
commercial items. 
Sec. 814. Delegations of authority to make determinations relating to payment of 
defense contractors for business restructuring costs. 
Sec. 815. Limitation regarding service charges imposed for defense procurements 
made through contracts of other agencies. 
Sec. 816. Sense of the Senate on effects of cost inflation on the value range of the 
contracts to which a small business contract reservation applies. 
Subtitle C—Extensions of Temporary Program Authorities 
Sec. 821. Extension of contract goal for small disadvantaged business and certain 
institutions of higher education. 
Sec. 822. Extension of Mentor-Protege program. 
Sec. 823. Extension of test program for negotiation of comprehensive small busi-
ness subcontracting plans. 
Sec. 824. Extension of pilot program on sales of manufactured articles and serv-
ices of certain Army industrial facilities. 
Subtitle D—Industrial Base Matters 
Sec. 831. Commission on the Future of the National Technology and Industrial 
Base. 
Sec. 832. Waiver authority for domestic source or content requirements. 
Sec. 833. Consistency with United States obligations under trade agreements. 
Sec. 834. Repeal of certain requirements and limitations relating to the defense 
industrial base.
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Subtitle E—Defense Acquisition and Support Workforce 
Sec. 841. Limitation and reinvestment authority relating to reduction of the de-
fense acquisition and support workforce. 
Sec. 842. Defense acquisition workforce improvements. 
Subtitle F—Public-Private Competitions 
Sec. 851. Public-private competition for work performed by civilian employees of 
the Department of Defense. 
Sec. 852. Performance of certain work by Federal Government employees. 
Sec. 853. Competitive sourcing reporting requirement. 
Subtitle G—Other Matters 
Sec. 861. Inapplicability of certain fiscal laws to settlements under special tem-
porary contract closeout authority. 
Sec. 862. Demonstration program on expanded use of Reserves to perform devel-
opmental testing, new equipment training, and related activi-
ties. 
Sec. 863. Applicability of competition exceptions to eligibility of National Guard 
for financial assistance for performance of additional duties. 
Sec. 864. Management plan for contractor security personnel. 
Sec. 865. Report on contractor performance of security, intelligence, law enforce-
ment, and criminal justice functions in Iraq. 
Sec. 866. Accreditation study of commercial off-the-shelf processes for evaluating 
information technology products and services. 
Sec. 867. Contractor performance of acquisition functions closely associated with 
inherently governmental functions. 
Sec. 868. Contracting with employers of persons with disabilities. 
Sec. 869. Energy savings performance contracts. 
Sec. 870. Availability of Federal supply schedule supplies and services to United 
Service Organizations, incorporated. 
Sec. 871. Acquisition of aerial refueling aircraft for the Air Force. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Reserve Components 
Sec. 901. Modification of stated purpose of the reserve components. 
Sec. 902. Commission on the National Guard and Reserves. 
Sec. 903. Chain of succession for the Chief of the National Guard Bureau. 
Sec. 904. Redesignation of Vice Chief of the National Guard Bureau as Director 
of the Joint Staff of the National Guard Bureau. 
Sec. 905. Authority to redesignate the Naval Reserve. 
Sec. 906. Homeland security activities of the National Guard. 
Subtitle B—Other Matters 
Sec. 911. Study of roles and authorities of the Director of Defense Research and 
Engineering. 
Sec. 912. Directors of Small Business Programs. 
Sec. 913. Leadership positions for the Naval Postgraduate School. 
Sec. 914. United States Military Cancer Institute. 
Sec. 915. Authorities of the Judge Advocates General.
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TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal 
year 2005. 
Sec. 1003. Reduction in overall authorization due to inflation savings. 
Sec. 1004. Defense business systems investment management. 
Sec. 1005. Uniform funding and management of service academy athletic and 
recreational extracurricular programs. 
Sec. 1006. Authorization of appropriations for a contingent emergency reserve 
fund for operations in Iraq and Afghanistan. 
Subtitle B—Naval Vessels and Shipyards 
Sec. 1011. Exchange and sale of obsolete Navy service craft and boats. 
Sec. 1012. Limitation on disposal of obsolete naval vessel. 
Sec. 1013. Award of contracts for ship dismantling on net cost basis. 
Sec. 1014. Authority to transfer naval vessels to certain foreign countries. 
Subtitle C—Reports 
Sec. 1021. Report on contractor security in Iraq. 
Sec. 1022. Technical correction to reference to certain annual reports. 
Sec. 1023. Study of establishment of mobilization station at Camp Ripley Na-
tional Guard Training Center, Little Falls, Minnesota. 
Sec. 1024. Report on training provided to members of the Armed Forces to pre-
pare for post-conflict operations. 
Sec. 1025. Report on availability of potential overland ballistic missile defense 
test ranges. 
Sec. 1026. Operation of the Federal voting assistance program and the Military 
Postal System. 
Sec. 1027. Report on establishing national centers of excellence for unmanned aer-
ial and ground vehicles. 
Sec. 1028. Report on post-major combat operations phase of Operation Iraqi 
Freedom. 
Sec. 1029. Comptroller General analysis of use of transitional benefit corpora-
tions in connection with competitive sourcing of performance of 
Department of Defense activities and functions. 
Sec. 1029A. Comptroller General study of programs of transition assistance for 
personnel separating from the Armed Forces. 
Sec. 1029B. Study on coordination of job training and certification standards. 
Sec. 1029C. Content of preseparation counseling for personnel separating from 
active duty service. 
Sec. 1029D. Periodic detailed accounting for operations of the global war on ter-
rorism. 
Sec. 1029E. Report on the stabilization of Iraq. 
Sec. 1029F. Reports on matters relating to detainment of prisoners by the De-
partment of Defense. 
Subtitle D—Matters Relating to Space 
Sec. 1031. Space posture review. 
Sec. 1032. Panel on the Future of Military Space Launch. 
Sec. 1033. Operationally responsive national security payloads for space sat-
ellites.
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Sec. 1034. Nondisclosure of certain products of commercial satellite operations. 
Sec. 1035. Sense of Congress on space launch ranges. 
Subtitle E—Defense Against Terrorism 
Sec. 1041. Temporary acceptance of communications equipment provided by local 
public safety agencies. 
Sec. 1042. Full-time dedication of airlift support for homeland defense operations. 
Sec. 1043. Survivability of critical systems exposed to chemical or biological con-
tamination. 
Subtitle F—Matters Relating to Other Nations 
Sec. 1051. Humanitarian assistance for the detection and clearance of landmines 
and explosive remnants of war. 
Sec. 1052. Use of funds for unified counterdrug and counterterrorism campaign 
in Colombia. 
Sec. 1053. Assistance to Iraq and Afghanistan military and security forces. 
Sec. 1054. Assignment of NATO naval personnel to submarine safety research 
and development programs. 
Sec. 1055. Compensation for former prisoners of war. 
Sec. 1056. Drug eradication efforts in Afghanistan. 
Sec. 1057. Humane treatment of detainees. 
Sec. 1058. United Nations Oil-For-Food Program. 
Sec. 1059. Sense of Congress on the global partnership against the spread of 
weapons of mass destruction. 
Sec. 1059A Exception to bilateral agreement requirements for transfers of defense 
items. 
Sec. 1059B. Redesignation and modification of authorities relating to Inspector 
General of the coalition provisional authority. 
Sec. 1059C. Treatment of foreign prisoners. 
Subtitle G—Other Matters 
Sec. 1061. Technical amendments relating to definitions of general applicability 
in title 10, United States Code. 
Sec. 1062. Two-year extension of authority of Secretary of Defense to engage in 
commercial activities as security for intelligence collection ac-
tivities abroad. 
Sec. 1063. Liability protection for persons voluntarily providing maritime-related 
services accepted by the Navy. 
Sec. 1064. Licensing of intellectual property. 
Sec. 1065. Delay of electronic voting demonstration project. 
Sec. 1066. War risk insurance for merchant marine vessels. 
Sec. 1067. Repeal of quarterly reporting requirement concerning payments for 
District of Columbia water and sewer services and establishment 
of annual report by Treasury. 
Sec. 1068. Receipt of pay by reserves from civilian employers while on active 
duty in connection with a contingency operation. 
Sec. 1069. Protection of Armed Forces personnel from retaliatory actions for com-
munications made through the chain of command. 
Sec. 1070. Missile defense cooperation. 
Sec. 1071. Policy on nonproliferation of ballistic missiles. 
Sec. 1072. Reimbursement for certain protective, safety, or health equipment pur-
chased by or for members of the Armed Forces for deployment 
in operations in Iraq and central Asia.
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Sec. 1073. Preservation of search and rescue capabilities of the Federal Govern-
ment. 
Sec. 1074. Grant of Federal charter to Korean War Veterans Association, Incor-
porated. 
Sec. 1075. Coordination of USERRA with the Internal Revenue Code of 1986. 
Sec. 1076. Aerial firefighting equipment. 
Sec. 1077. Sense of Senate on American Forces Radio and Television Service. 
Sec. 1078. Sense of Congress on America’s National World War I Museum. 
Sec. 1079. Reduction of barriers for Hispanic-serving institutions in defense con-
tracts, defense research programs, and other minority-related de-
fense programs. 
Sec. 1080. Extension of scope and jurisdiction for current fraud offenses. 
Sec. 1081. Contractor accountability. 
Sec. 1082. Definition of United States. 
Sec. 1083. Mentor-protege pilot program. 
Sec. 1084. Broadcast Decency Enforcement Act of 2004. 
Sec. 1085. Children’s Protection from Violent Programming Act. 
Sec. 1086. Assessment of effectiveness of current rating system for violence and ef-
fectiveness of V-chip in blocking violent programming. 
Sec. 1087. Unlawful distribution of violent video programming that is not specifi-
cally rated for violence and therefore is not blockable. 
Sec. 1088. Separability. 
Sec. 1089. Effective Date. 
Sec. 1090. Pilot program on cryptologic service training. 
Sec. 1091. Energy savings performance contracts. 
Sec. 1092. Clarification of fiscal year 2004 funding level for a National Institute 
of Standards and Technology account. 
Sec. 1093. Report on offset requirements under certain contracts. 
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN 
PERSONNEL POLICY 
Sec. 1101. Science, mathematics, and research for transformation (SMART) de-
fense scholarship pilot program. 
Sec. 1102. Foreign language proficiency pay. 
Sec. 1103. Pay and performance appraisal parity for civilian intelligence per-
sonnel. 
Sec. 1104. Accumulation of annual leave by intelligence senior level employees. 
Sec. 1105. Pay parity for senior executives in defense nonappropriated fund in-
strumentalities. 
Sec. 1106. Health benefits program for employees of nonappropriated fund in-
strumentalities. 
Sec. 1107. Bid protests by Federal employees in actions under Office of Manage-
ment and Budget Circular A–76. 
Sec. 1108. Report on how to recruit and retain individuals with foreign language 
skills. 
Sec. 1109. Plan on implementation and utilization of flexible personnel manage-
ment authorities in Department of Defense laboratories. 
Sec. 1110. Nonreduction in pay while Federal employee is performing active serv-
ice in the uniformed services or National Guard. 
TITLE XII—COOPERATIVE THREAT REDUCTION WITH 
STATES OF THE FORMER SOVIET UNION 
Sec. 1201. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1202. Funding allocations.
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Sec. 1203. Modification and waiver of limitation on use of funds for chemical 
weapons destruction facilities in Russia. 
Sec. 1204. Inclusion of descriptive summaries in annual Cooperative Threat Re-
duction reports and budget justification materials. 
TITLE XIII—MEDICAL READINESS TRACKING AND HEALTH 
SURVEILLANCE 
Sec. 1301. Annual medical readiness plan and Joint Medical Readiness Oversight 
Committee. 
Sec. 1302. Medical readiness of Reserves. 
Sec. 1303. Baseline Health Data Collection Program. 
Sec. 1304. Medical care and tracking and health surveillance in the theater of op-
erations. 
Sec. 1305. Declassification of information on exposures to environmental hazards. 
Sec. 1306. Environmental hazards. 
Sec. 1307. Post-deployment medical care responsibilities of installation com-
manders. 
Sec. 1308. Full implementation of Medical Readiness Tracking and Health Sur-
veillance Program and Force Health Protection and Readiness 
Program. 
Sec. 1309. Other matters. 
Sec. 1310. Use of civilian experts as consultants. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2004 
projects. 
Sec. 2106. Modification of authority to carry out certain fiscal year 2003 project. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2004 
projects. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition 
projects.
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Sec. 2402. Improvements to military family housing units. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
TITLE XXVII—EXPIRATION AND EXTENSION OF 
AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Extension of authorizations of certain fiscal year 2002 projects. 
Sec. 2703. Extension of authorization of certain fiscal year 2001 project. 
Sec. 2704. Effective date. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military 
Family Housing Changes 
Sec. 2801. Increase in thresholds for unspecified minor military construction 
projects. 
Sec. 2802. Modification of approval and notice requirements for facility repair 
projects. 
Sec. 2803. Additional reporting requirements relating to alternative authority for 
acquisition and improvement of military housing. 
Sec. 2804. Modification of authorities under alternative authority for acquisition 
and improvement of military housing. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Recodification and consolidation of certain authorities and limitations 
relating to real property administration. 
Sec. 2812. Modification and enhancement of authorities on facilities for reserve 
components. 
Sec. 2813. Authority to exchange or sell reserve component facilities and lands to 
obtain new reserve component facilities and lands. 
Sec. 2814. Repeal of authority of Secretary of Defense to recommend that instal-
lations be placed in inactive status during 2005 round of defense 
base closure and realignment. 
Subtitle C—Land Conveyances 
Sec. 2821. Transfer of administrative jurisdiction, Defense Supply Center, Co-
lumbus, Ohio. 
Sec. 2822. Land conveyance, Browning Army Reserve Center, Utah. 
Sec. 2823. Land exchange, Arlington County, Virginia. 
Sec. 2824. Land conveyance, Hampton, Virginia. 
Sec. 2825. Land conveyance, Seattle, Washington.
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Sec. 2826. Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of 
Columbia. 
Sec. 2827. Land conveyance, Honolulu, Hawaii. 
Sec. 2828. Land conveyance, Portsmouth, Virginia. 
Sec. 2829. Land conveyance, former Griffiss Air Force Base, New York. 
Sec. 2830. Land exchange, Maxwell Air Force Base, Alabama. 
Sec. 2831. Land exchange, Naval Air Station, Patuxent River, Maryland. 
Sec. 2832. Land conveyance, March Air Force Base, California. 
Sec. 2833. Land conveyance, Sunflower Army Ammunition Plant, Kansas. 
Sec. 2834. Land conveyance, Naval Weapons Station, Charleston, South Caro-
lina. 
Sec. 2835. Land conveyance, Louisiana Army Ammunition Plant, Doyline, Lou-
isiana. 
Sec. 2836. Modification of authority for land conveyance, equipment and storage 
yard, Charleston, South Carolina. 
Subtitle D—Other Matters 
Sec. 2841. Department of Defense Follow-On Laboratory Revitalization Dem-
onstration Program. 
Sec. 2842. Jurisdiction and utilization of former public domain lands, Umatilla 
Chemical Depot, Oregon. 
Sec. 2843. Development of heritage center for the National Museum of the United 
States Army. 
Sec. 2844. Authority to settle claim of Oakland Base Reuse Authority and Rede-
velopment Agency of the City of Oakland, California. 
Sec. 2845. Comptroller general report on closure of Department of Defense De-
pendent Elementary and Secondary Schools and commissary 
stores. 
TITLE XXIX—MARITIME ADMINISTRATION 
Sec. 2901. Modification of priority afforded applications for national defense 
tank vessel construction assistance. 
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. Limitation on availability of funds for Modern Pit Facility. 
Sec. 3112. Limitation on availability of funds for Advanced Nuclear Weapons 
Concepts Initiative. 
Sec. 3113. Limited authority to carry out new projects under Facilities and In-
frastructure Recapitalization Program after project selection 
deadline.
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Sec. 3114. Modification of milestone and report requirements for National Igni-
tion Facility. 
Sec. 3115. Modification of submittal date of annual plan for stewardship, man-
agement, and certification of warheads in the nuclear weapons 
stockpile. 
Sec. 3116. Defense site acceleration completion. 
Sec. 3117. National Academy of Sciences study. 
Sec. 3118. Annual report on expenditures for safeguards and security. 
Sec. 3119. Authority to consolidate counterintelligence offices of Department of 
Energy and National Nuclear Security Administration within 
National Nuclear Security Administration. 
Sec. 3120. Treatment of waste material. 
Sec. 3121. Local stakeholder organizations for Department of Energy environ-
mental management 2006 closure sites. 
Sec. 3122. Report on maintenance of retirement benefits for certain workers at 
2006 closure sites after closure of sites. 
Sec. 3123. Report on Efforts of National Nuclear Security Administration to un-
derstand plutonium aging. 
Subtitle C—Proliferation Matters 
Sec. 3131. Modification of authority to use international nuclear materials pro-
tection and cooperation program funds outside the former Soviet 
Union. 
Sec. 3132. Acceleration of removal or security of fissile materials, radiological 
materials, and related equipment at vulnerable sites worldwide. 
Subtitle D—Other Matters 
Sec. 3141. Indemnification of Department of Energy contractors. 
Sec. 3142. Two-year extension of authority for appointment of certain scientific, 
engineering, and technical personnel. 
Sec. 3143. Enhancement of Energy Employees Occupational Illness Compensa-
tion Program authorities. 
Sec. 3144. Support for public education in the vicinity of Los Alamos National 
Laboratory, New Mexico. 
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant to com-
petitive contract. 
Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders for ac-
quisition of lands for Manhattan Project in World War II. 
Subtitle E—Energy Employees Occupational Illness 
Compensation Program 
Sec. 3161. Coverage of individuals employed at atomic weapons employer facili-
ties during periods of residual contamination. 
Sec. 3162. Update of report on residual contamination of facilities. 
Sec. 3163. Workers compensation. 
Sec. 3164. Termination of effect of other enhancements of Energy Employees Oc-
cupational Illness Compensation Program. 
Sec. 3165. Sense of Senate on resource center for energy employees under Energy 
Employee Occupational Illness Compensation Program in West-
ern New York and Western Pennsylvania region. 
Sec. 3166. Review by Congress of individuals designated by President as members 
of cohort.
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Sec. 3167. Inclusion of certain former nuclear weapons program workers in spe-
cial exposure cohort under the Energy Employees Occupational 
Illness Compensation Program. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 
BOARD 
Sec. 3201. Authorization. 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
Sec. 3301. Disposal of ferromanganese. 
Sec. 3302. Revisions to required receipt objectives for certain previously author-
ized disposals from the National Defense Stockpile. 
Sec. 3303. Prohibition on storage of mercury at certain facilities. 
TITLE XXXIV—LOCAL LAW ENFORCEMENT ENHANCEMENT 
ACT 
Sec. 3401. Short Title. 
Sec. 3402. Findings. 
Sec. 3403. Definition of hate crime. 
Sec. 3404. Support for criminal investigations and prosecutions by State and 
local law enforcement officials. 
Sec. 3405. Grant Program. 
Sec. 3406. Authorization for additional personnel to assist State and local law 
enforcement. 
Sec. 3407. Prohibition of certain hate crime acts. 
Sec. 3408. Duties of Federal Sentencing Commission. 
Sec. 3409. Statistics. 
Sec. 3410. Severability. 
TITLE XXXV—ASSISTANCE TO FIREFIGHTERS 
Sec. 3501. Short title. 
Sec. 3502. Authority of Secretary of Homeland Security for Firefighter Assistance 
Program. 
Sec. 3503. Grants to volunteer emergency medical service organizations. 
Sec. 3504. Grants for automated external defibrillator devices. 
Sec. 3505. Criteria for reviewing grant applications. 
Sec. 3506. Financial assistance for firefighter safety programs. 
Sec. 3507. Assistance for applications. 
Sec. 3508. Reduced requirements for matching funds. 
Sec. 3509. Grant recipient limitations. 
Sec. 3510. Other considerations. 
Sec. 3511. Reports to congress. 
Sec. 3512. Technical corrections. 
Sec. 3513. Authorization of appropriations. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
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(1) the Committee on Armed Services and the 
Committee on Appropriations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Appropriations of the House of Rep-
resentatives. 
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, $2,702,640,000. 
(2) For missiles, $1,488,321,000. 
(3) For weapons and tracked combat vehicles, 
$1,693,595,000. 
(4) For ammunition, $1,598,302,000. 
(5) For other procurement, $5,384,296,000. 
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, $8,870,832,000.
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(2) For weapons, including missiles and tor-
pedoes, $2,183,829,000. 
(3) 
For 
shipbuilding 
and 
conversion, 
$10,127,027,000. 
(4) For other procurement, $4,904,978,000. 
(b) MARINE CORPS.—Funds are hereby authorized to 
be appropriated for fiscal year 2005 for procurement for 
the Marine Corps in the amount of $1,303,203,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds 
are hereby authorized to be appropriated for fiscal year 
2005 for procurement of ammunition for the Navy and the 
Marine Corps in the amount of $873,140,000. 
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, $13,033,674,000. 
(2) For missiles, $4,635,613,000. 
(3) For ammunition, $1,396,457,000. 
(4) For other procurement, $13,298,257,000. 
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 $2,967,402,000.
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Subtitle B—Army Programs 
SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM. 
(a) LIMITATION.—Of the funds authorized to be appro-
priated under section 101(1) for the procurement of light 
utility helicopters, $45,000,000 may not be obligated or ex-
pended until 30 days after the date on which the Secretary 
of the Army submits to the congressional defense committees 
a report that contains— 
(1) the Secretary’s certification that all required 
documentation for the acquisition of light utility heli-
copters has been completed and approved; and 
(2) the Army aviation modernization plan re-
quired by subsection (b). 
(b) ARMY AVIATION MODERNIZATION PLAN.—(1) Not 
later than March 1, 2005, the Secretary of the Army shall 
submit to the congressional defense committees an updated 
modernization plan for Army aviation. 
(2) The updated Army aviation modernization plan 
shall contain, at a minimum, the following matters: 
(A) The analysis on which the plan is based. 
(B) A discussion of the Secretary’s decision to 
terminate the Comanche helicopter program and to 
restructure the aviation force of the Army. 
(C) The actions taken or to be taken to accelerate 
the procurement and development of aircraft surviv-
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ability equipment for Army aircraft, together with a 
detailed list of aircraft survivability equipment that 
specifies such equipment by platform and by the re-
lated programmatic funding for procurement. 
(D) A discussion of the conversion of Apache hel-
icopters to block III configuration, including the ra-
tionale for converting only 501 Apache helicopters to 
that configuration and the costs associated with a 
conversion of all Apache helicopters to the block III 
configuration. 
(E) A discussion of the procurement of light 
armed reconnaissance helicopters, including the ra-
tionale for the requirement for light armed reconnais-
sance helicopters and a discussion of the costs associ-
ated with upgrading the light armed reconnaissance 
helicopter to meet Army requirements. 
(F) The rationale for the Army’s requirement for 
light utility helicopters, together with a summary and 
copy of the analysis of the alternative means for meet-
ing such requirement that the Secretary considered in 
the determination to procure light utility helicopters, 
including, at a minimum, the analysis of the alter-
native of using light armed reconnaissance helicopters 
and UH–60 Black Hawk helicopters instead of light 
utility helicopters to meet such requirement.
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(G) The rationale for the procurement of cargo 
fixed-wing aircraft. 
(H) The rationale for the initiation of a joint 
multi-role helicopter program. 
(I) A description of the operational employment 
of the Army’s restructured aviation force. 
SEC. 112. UP-ARMORED HIGH MOBILITY MULTI-PURPOSE 
WHEELED VEHICLES OR WHEELED VEHICLE 
BALLISTIC ADD-ON ARMOR PROTECTION. 
(a) AMOUNT.—Of the amount authorized to be appro-
priated for the Army for fiscal year 2005 for other procure-
ment under section 101(5), $610,000,000 shall be available 
for both of the purposes described in subsection (b) and may 
be used for either or both of such purposes. 
(b) PURPOSES.—The purposes referred to in subsection 
(a) are as follows: 
(1) The procurement of up-armored high mobil-
ity multi-purpose wheeled vehicles at a rate up to 450 
such vehicles each month. 
(2) The procurement of wheeled vehicle ballistic 
add-on armor protection. 
(c) ALLOCATION BY SECRETARY OF THE ARMY.—(1) 
The Secretary of the Army shall allocate the amount avail-
able under subsection (a) between the two purposes set forth
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in subsection (b) as the Secretary determines appropriate 
to meet the requirements of the Army. 
(2) Not later than 15 days before making an allocation 
under paragraph (1), the Secretary shall transmit a notifi-
cation of the proposed allocation to the congressional defense 
committees. 
(d) PROHIBITION ON USE FOR OTHER PURPOSES.— 
The amount available under subsection (a) may not be used 
for any purpose other than a purpose specified in subsection 
(b). 
SEC. 113. COMMAND-AND-CONTROL VEHICLES OR FIELD AR-
TILLERY AMMUNITION SUPPORT VEHICLES. 
(a) INCREASED
AMOUNT
FOR
PROCUREMENT
OF 
WEAPONS AND TRACKED COMBAT VEHICLES.—The amount 
authorized to be appropriated under section 101(3) is here-
by increased by $5,000,000. 
(b) AMOUNT FOR COMMAND-AND-CONTROL VEHICLES 
OR FIELD ARTILLERY AMMUNITION SUPPORT VEHICLES.— 
Of the amount authorized to be appropriated under section 
101(3), $5,000,000 may be used for the procurement of com-
mand-and-control vehicles or field artillery ammunition 
support vehicles. 
(c) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $5,000,000,
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with the amount of the reduction to be derived from excess 
amounts provided for military personnel of the Air Force. 
Subtitle C—Navy Programs 
SEC. 121. LHA(R) AMPHIBIOUS ASSAULT SHIP PROGRAM. 
(a) AUTHORIZATION OF SHIP.—The Secretary of the 
Navy is authorized to procure the first amphibious assault 
ship of the LHA(R) class, subject to the availability of ap-
propriations for that purpose. 
(b) AUTHORIZED AMOUNT.—Of the amount authorized 
to be appropriated under section 102(a)(3) for fiscal year 
2005, $150,000,000 shall be available for the advance pro-
curement and advance construction of components for the 
first amphibious assault ship of the LHA(R) class. The Sec-
retary of the Navy may enter into a contract or contracts 
with the shipbuilder and other entities for the advance pro-
curement and advance construction of those components. 
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR THE 
LIGHT WEIGHT 155-MILLIMETER HOWITZER 
PROGRAM. 
(a) AUTHORITY.—Beginning with the fiscal year 2005 
program year, the Secretary of the Navy may, in accord-
ance with section 2306b of title 10, United States Code, 
enter into a multiyear contract for the procurement of the 
light weight 155-millimeter howitzer.
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(b) LIMITATION.—The Secretary may not enter into 
a multiyear contract for the procurement of light weight 
155 millimeter howitzers under subsection (a) until the Sec-
retary determines on the basis of operational testing that 
the light weight 155-millimeter howitzer is effective for fleet 
use. 
SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF SUB-
MARINE ENGINEERED REFUELING OVERHAUL 
AND CONVERSION. 
(a) ESTABLISHMENT.—The Secretary of the Navy may 
carry out a pilot program of flexible funding of engineered 
refueling overhauls and conversions of submarines in ac-
cordance with this section. 
(b) AUTHORITY.—Under the pilot program, the Sec-
retary of the Navy may, subject to subsection (d), transfer 
amounts described in subsection (c) to the authorization of 
appropriations for the Navy for procurement for ship-
building and conversion for any fiscal year to continue to 
provide authorization of appropriations for any engineered 
refueling conversion or overhaul of a submarine of the Navy 
for which funds were initially provided on the basis of the 
authorization of appropriations to which transferred. 
(c) AMOUNTS
AVAILABLE
FOR
TRANSFER.—The 
amounts available for transfer under this section are 
amounts authorized to be appropriated to the Navy for any
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fiscal year after fiscal year 2004 and before fiscal year 2013 
for the following purposes: 
(1) For procurement as follows: 
(A) For shipbuilding and conversion. 
(B) For weapons procurement. 
(C) For other procurement. 
(2) For operation and maintenance. 
(d) LIMITATIONS.—(1) A transfer may be made with 
respect to a submarine under this section only to meet either 
(or both) of the following requirements: 
(A) An increase in the size of the workload for 
engineered refueling overhaul and conversion to meet 
existing requirements for the submarine. 
(B) A new engineered refueling overhaul and 
conversion requirement resulting from a revision of 
the original baseline engineered refueling overhaul 
and conversion program for the submarine. 
(2) A transfer may not be made under this section be-
fore the date that is 30 days after the date on which the 
Secretary of the Navy transmits to the congressional defense 
committees a written notification of the intended transfer. 
The notification shall include the following matters: 
(A) The purpose of the transfer. 
(B) The amounts to be transferred.
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(C) Each account from which the funds are to be 
transferred. 
(D) Each program, project, or activity from 
which the amounts are to be transferred. 
(E) Each account to which the amounts are to 
be transferred. 
(F) A discussion of the implications of the trans-
fer for the total cost of the submarine engineered re-
fueling overhaul and conversion program for which 
the transfer is to be made. 
(e) MERGER OF FUNDS.—A transfer made from one 
account to another with respect to the engineered refueling 
overhaul and conversion of a submarine under the authority 
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred 
by an amount equal to the amount transferred and shall 
be available for the engineered refueling overhaul and con-
version of such submarine for the same period as the ac-
count to which transferred. 
(f) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The authority to make transfers under this section 
is in addition to any other transfer authority provided in 
this or any other Act and is not subject to any restriction, 
limitation, or procedure that is applicable to the exercise 
of any such other authority.
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(g) FINAL REPORT.—Not later than October 1, 2011, 
the Secretary of the Navy shall submit to the congressional 
defense committees a report containing the Secretary’s eval-
uation of the efficacy of the authority provided under this 
section. 
(h) TERMINATION OF PROGRAM.—No transfer may be 
made under this section after September 30, 2012. 
Subtitle D—Air Force Programs 
SEC. 
131. 
PROHIBITION 
OF 
RETIREMENT 
OF 
KC–135E AIRCRAFT. 
The Secretary of the Air Force may not retire any KC– 
135E aircraft of the Air Force in fiscal year 2005. 
SEC. 
132. 
PROHIBITION 
OF 
RETIREMENT 
OF 
F–117 AIRCRAFT. 
No F–117 aircraft in use by the Air Force during fis-
cal year 2004 may be retired during fiscal year 2005. 
SEC. 133. SENIOR SCOUT MISSION BED-DOWN INITIATIVE. 
(a) AMOUNT FOR PROGRAM.—The amount authorized 
to be appropriated by section 103(1) is hereby increased by 
$2,000,000, with the amount of the increase to be available 
for a bed-down initiative to enable the C–130 aircraft of 
the Idaho Air National Guard to be the permanent carrier 
of the SENIOR SCOUT mission shelters of the 169th Intel-
ligence Squadron of the Utah Air National Guard.
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(b) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $2,000,000, 
with the amount of the reduction to be derived from excess 
amounts provided for military personnel of the Air Force. 
Subtitle E—Other Matters 
SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF PRE-
CISION-GUIDED MUNITIONS. 
(a) REQUIREMENT
FOR REPORT.—Not later than 
March 1, 2005, the Secretary of Defense shall submit a re-
port on options for the acquisition of precision-guided mu-
nitions to the congressional defense committees. 
(b) CONTENT OF REPORT.—The report shall include 
the following matters: 
(1) A list of the precision-guided munitions in 
the inventory of the Department of Defense. 
(2) For each such munition— 
(A) the inventory level as of the most recent 
date that it is feasible to specify when the report 
is prepared; 
(B) the inventory objective that is necessary 
to execute the current National Military Strategy 
prescribed by the Chairman of the Joint Chiefs 
of Staff; 
(C) the year in which that inventory objec-
tive would be expected to be achieved—
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(i) if the munition were procured at 
the minimum sustained production rate; 
(ii) if the munition were procured at 
the most economic production rate; and 
(iii) if the munition were procured at 
the maximum production rate; and 
(D) the procurement cost (in constant fiscal 
year 2004 dollars) at each of the production 
rates specified in subparagraph (C). 
SEC. 142. REPORT ON MATURITY AND EFFECTIVENESS OF 
THE 
GLOBAL 
INFORMATION 
GRID 
BAND-
WIDTH EXPANSION (GIG–BE) NETWORK. 
(a) REPORT REQUIRED.—Not later that 180 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the 
House of Representatives a report on a test program to dem-
onstrate the maturity and effectiveness of the Global Infor-
mation Grid-Bandwidth Expansion (GIG–BE) network ar-
chitecture. 
(b) CONTENTS OF REPORT.—The report under sub-
section (a) shall— 
(1) determine whether the results of the test pro-
gram described in subsection (a) demonstrate compli-
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ance of the GIG–BE architecture with the overall 
goals of the GIG–BE program; 
(2) identify— 
(A) the extent to which the GIG–BE archi-
tecture does not meet the overall goals of the pro-
gram; and 
(B) the components that are not yet suffi-
ciently developed to achieve the overall goals of 
the program; 
(3) include a plan and cost estimates for achiev-
ing compliance; and 
(4) document the equipment and network con-
figuration used to demonstrate real-world scenarios 
within the continental United States. 
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, $9,686,958,000. 
(2) For the Navy, $16,679,391,000.
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(3) For the Air Force, $21,264,267,000. 
(4) For Defense-wide activities, $20,635,937,000, 
of which $309,135,000 is authorized for the Director 
of Operational Test and Evaluation. 
SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY. 
(a) AMOUNT FOR PROJECTS.—Of the total amount au-
thorized to be appropriated by section 201, $10,998,850,000 
shall be available for science and technology projects. 
(b) SCIENCE AND TECHNOLOGY DEFINED.—In this 
section, the term ‘‘science and technology project’’ means 
work funded in program elements for defense research, de-
velopment, test, and evaluation under Department of De-
fense budget activities 1, 2, or 3. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. DD(X)-CLASS DESTROYER PROGRAM. 
(a) AUTHORIZATION OF SHIP.—For the second de-
stroyer in the DD(X)-class destroyer program, the Secretary 
of the Navy is authorized to use funds authorized to be ap-
propriated to the Navy under section 201(2). 
(b) AMOUNT FOR DETAIL DESIGN.—Of the amount au-
thorized to be appropriated under section 201(2) for fiscal 
year 2005, $99,400,000 shall be available for the detail de-
sign of the second destroyer of the DD(X)-class.
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SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE. 
Not more than 80 percent of the amount authorized 
to be appropriated by section 201(4) and available for the 
purpose of research, development, test, and evaluation on 
the Global Positioning System III satellite may be obligated 
or expended for that purpose until the Secretary of De-
fense— 
(1) completes an analysis of alternatives for the 
satellite and ground architectures, satellite tech-
nologies, and tactics, techniques, and procedures for 
the next generation global positioning system (GPS); 
and 
(2) submits to the congressional defense commit-
tees a report on the results of the analysis, including 
an assessment of the results of the analysis. 
SEC. 213. INITIATION OF CONCEPT DEMONSTRATION OF 
GLOBAL HAWK HIGH ALTITUDE ENDURANCE 
UNMANNED AERIAL VEHICLE. 
Section 221(c) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–40) is 
amended by striking ‘‘March 1, 2001’’ and inserting 
‘‘March 1, 2005’’.
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SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PRO-
GRAM. 
(a) EXECUTIVE COMMITTEE.—(1) The Secretary of 
Defense shall, subject to subsection (b), establish and require 
an executive committee to provide guidance and rec-
ommendations for the management of the Joint Unmanned 
Combat Air Systems program to the Director of the Defense 
Advanced Research Projects Agency and the personnel who 
are managing the program for such agency. 
(2) The executive committee established under para-
graph (1) shall be composed of the following members: 
(A) The Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics, who shall chair the 
executive committee. 
(B) The Assistant Secretary of the Navy for Re-
search, Development, and Acquisition. 
(C) The Assistant Secretary of the Air Force for 
Acquisition. 
(D) The Deputy Chief of Naval Operations for 
Warfare Requirements and Programs. 
(E) The Deputy Chief of Staff of the Air Force 
for Air and Space Operations. 
(F) Any additional personnel of the Department 
of Defense whom the Secretary determines appro-
priate for membership on the executive committee.
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(b) APPLICABILITY ONLY TO DARPA-MANAGED PRO-
GRAM.—The requirements of subsection (a) apply with re-
spect to the Joint Unmanned Combat Air Systems program 
only while the program is managed by the Defense Ad-
vanced Research Projects Agency. 
SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM. 
(a) REQUIREMENT FOR STUDY.—The Secretary of De-
fense shall require the Defense Science Board to conduct a 
study on the Joint Strike Fighter aircraft program. 
(b) MATTERS TO BE STUDIED.—The study shall in-
clude, for each of the three variants of the Joint Strike 
Fighter aircraft, the following matters: 
(1) The current status. 
(2) The extent of the effects of excess aircraft 
weight on estimated performance. 
(3) The validity of the technical approaches 
being considered to achieve the required performance. 
(4) The risks of those technical approaches. 
(5) A list of any alternative technical approaches 
that have the potential to achieve the required per-
formance. 
(c) REPORT.—The Secretary shall submit a report on 
the results of the study to the congressional defense commit-
tees at the same time that the President submits the budget
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for fiscal year 2006 to Congress under section 1105(a) of 
title 31, United States Code. 
SEC. 216. JOINT EXPERIMENTATION. 
(a) DEFENSE-WIDE PROGRAM ELEMENT.—The Sec-
retary of Defense shall plan, program, and budget for all 
joint experimentation of the Armed Forces as a separate, 
dedicated program element under research, development, 
test, and evaluation, Defense-wide activities. 
(b) APPLICABILITY TO FISCAL YEARS AFTER FISCAL 
YEAR 2005.—This section shall apply with respect to fiscal 
years beginning after 2005. 
SEC. 217. INFRASTRUCTURE SYSTEM SECURITY ENGINEER-
ING DEVELOPMENT FOR THE NAVY. 
(a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP-
MENT, TEST AND EVALUATION, NAVY.—The amount au-
thorized to be appropriated by section 201(2) for research, 
development, test and evaluation, Navy, is hereby increased 
by $3,000,000. 
(b) AVAILABILITY OF AMOUNT FOR INFRASTRUCTURE 
SYSTEM SECURITY ENGINEERING DEVELOPMENT.—Of the 
amount authorized to be appropriated by section 201(2) for 
research, development, test, and evaluation, Navy, as in-
creased by subsection (a), $3,000,000 may be available for 
infrastructure system security engineering development.
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(c) OFFSET.—(1) The amount authorized to be appro-
priated by section 101(5) for other procurement, Army, is 
hereby reduced by $1,000,000, with the amount of the reduc-
tion to be allocated to Buffalo Landmine Vehicles. 
(2) The amount authorized to be appropriated by sec-
tion 102(b) for procurement for the Marine Corps is hereby 
reduced by $500,000, with the amount of the reduction to 
be allocated to Combat Casualty Care. 
(3) The amount authorized to be appropriated by sec-
tion 201(1) for research, development, test, and evaluation, 
Army, is hereby reduced by $1,000,000, with the amount 
of the reduction to the allocated to Active Coating Tech-
nology. 
(4) The amount authorized to be appropriated by sec-
tion 201(4) for research, development, test, and evaluation, 
Defense-wide activities, is hereby reduced by $500,000, with 
the amount of the reduction to be allocated to Radiation 
Hardened Complementary Metal Oxide Semi-Conductors. 
SEC. 218. NEUROTOXIN MITIGATION RESEARCH. 
(a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP-
MENT, TEST, AND EVALUATION, DEFENSE-WIDE.—The 
amount authorized to be appropriated by section 201(4) for 
research, development, test, and evaluation, Defense-wide 
activities, is hereby increased by $2,000,000.
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(b) AVAILABILITY FOR NEUROTOXIN MITIGATION RE-
SEARCH.—Of the amount authorized to be appropriated by 
section 201(4) for research, development, test, and evalua-
tion, Defense-wide activities, as increased by subsection (a), 
$2,000,000 may be available in Program Element 
PE 62384BP for neurotoxin mitigation research. 
(c) OFFSET.—The amount authorized to be appro-
priated by section 301(1) for operation and maintenance 
for the Army is hereby reduced by $2,000,000, with the 
amount of the reduction to be allocated to Satellite Commu-
nications Language training activity (SCOLA) at the 
Army Defense Language Institute. 
SEC. 219. SPIRAL DEVELOPMENT OF JOINT THREAT WARN-
ING SYSTEM MARITIME VARIANTS. 
(a) AMOUNT FOR PROGRAM.—The amount authorized 
to be appropriated by section 201(4) is hereby increased by 
$2,000,000, with the amount of the increase to be available 
in the program element PE 1160405BB for joint threat 
warning system maritime variants. 
(b) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $2,000,000, 
with the amount of the reduction to be derived from excess 
amounts provided for military personnel of the Air Force.
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SEC. 220. ADVANCED FERRITE ANTENNA. 
(a) AMOUNT FOR DEVELOPMENT AND TESTING.—Of 
the amount authorized to be appropriated under section 
201(2), $3,000,000 may be available for development and 
testing of the Advanced Ferrite Antenna. 
(b) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $3,000,000, 
with the amount of the reduction to be derived from excess 
amounts provided for military personnel of the Air Force. 
SEC. 221. PROTOTYPE LITTORAL ARRAY SYSTEM FOR OPER-
ATING SUBMARINES. 
(a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP-
MENT, TEST, AND EVALUATION, NAVY.—The amount au-
thorized to be appropriated by section 201(2) for research, 
development, test, and evaluation for the Navy is hereby 
increased by $5,000,000. 
(b) AVAILABILITY OF AMOUNT.—Of the amount au-
thorized to be appropriated by section 201(2) for research, 
development, test, and evaluation for the Navy, as increased 
by subsection (a), $5,000,000 may be available for Program 
Element PE 0604503N for the design, development, and 
testing of a prototype littoral array system for operating 
submarines. 
(c) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $5,000,000,
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with the amount of the reduction to be derived from excess 
amounts provided for military personnel of the Air Force. 
SEC. 222. ADVANCED MANUFACTURING TECHNOLOGIES 
AND RADIATION CASUALTY RESEARCH. 
(a) ADDITIONAL AMOUNT FOR ADVANCED MANUFAC-
TURING STRATEGIES.—Of the amount authorized to be ap-
propriated by section 201(4) for research, development, test, 
and evaluation, Defense-wide activities, the amount avail-
able 
for 
Advanced 
Manufacturing 
Technologies 
(PE 0708011S) is hereby increased by $2,000,000. 
(b) AMOUNT FOR RADIATION CASUALTY RESEARCH.— 
Of the amount authorized to be appropriated by section 
201(4) for research, development, test, and evaluation, De-
fense-wide activities, $3,000,000 may be available for Radi-
ation Casualty Research (PE 0603002D8Z). 
(c) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $5,000,000, 
with the amount of the reduction to be derived from excess 
amounts provided for military personnel of the Air Force. 
Subtitle C—Ballistic Missile 
Defense 
SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA-
BILITIES. 
Funds authorized to be appropriated under section 
201(4) for the Missile Defense Agency may be used for the
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development and fielding of an initial set of ballistic missile 
defense capabilities. 
SEC. 232. PATRIOT ADVANCE CAPABILITY-3 AND MEDIUM 
EXTENDED AIR DEFENSE SYSTEM. 
(a) OVERSIGHT.—In the management of the combined 
program for the acquisition of the Patriot Advanced Capa-
bility-3 missile system and the Medium Extended Air De-
fense System, the Secretary of Defense shall require the Sec-
retary of the Army to obtain the approval of the Director 
of the Missile Defense Agency before the Secretary of the 
Army— 
(1) either— 
(A) changes any system level technical spec-
ifications that are in effect under the program as 
of the date of the enactment of this Act; or 
(B) establishes any new system level tech-
nical specifications after such date; 
(2) makes any significant change in a procure-
ment quantity (including any quantity in any future 
block procurement) that, as of such date, is planned 
for— 
(A) the Patriot Advanced Capabilities-3 
missile system; or 
(B) PAC–3 configuration-3 radars, launch-
ers, or fire control units; or
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(3) changes the baseline development schedule 
that is in effect for the program as of the date of the 
enactment of this Act. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘system level technical specifica-
tions’’, with respect to a system to which this section 
applies, means technical specifications expressed in 
terms of technical performance, including test speci-
fications, that affect the ability of the system to con-
tribute to the capability of the ballistic missile defense 
system of the United States, as determined by the Di-
rector of the Missile Defense Agency. 
(2) The term ‘‘significant change’’, with respect 
to a planned procurement quantity, means any 
change of such quantity that would result in a sig-
nificant change in the contribution that, as of the 
date of the enactment of this Act, is planned for the 
Patriot Advanced Capability-3 system to make to the 
ballistic missile defense system of the United States. 
(3) The term ‘‘baseline development schedule’’ 
means the schedule on which technology upgrades for 
the combined acquisition program referred to in sub-
section (a) are planned for development. 
(4) The terms ‘‘Patriot Advanced Capability-3’’ 
and ‘‘PAC–3 configuration-3’’—
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(A) mean the air and missile defense system 
that, as of June 1, 2004, is referred to by either 
such name in the management of the combined 
acquisition program referred to in subsection (a); 
and 
(B) include such system as it is improved 
with new air and missile defense technologies. 
SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BAL-
LISTIC MISSILE DEFENSE PROGRAMS. 
(a) ANNUAL ASSESSMENTS.—At the conclusion of each 
of 2004 through 2009, the Comptroller General of the 
United States shall conduct an assessment of the extent to 
which each ballistic missile defense program met the cost, 
scheduling, testing, and performance goals for such program 
for such year as established pursuant to section 232(c) of 
the National Defense Authorization Act for Fiscal Year 
2002 (10 U.S.C. 2431 note). 
(b) REPORTS ON ANNUAL ASSESSMENTS.—Not later 
than February 15 of each of 2005 through 2010, the Comp-
troller General shall submit to the congressional defense 
committees a report on the assessment conducted by the 
Comptroller General under subsection (a) for the previous 
year.
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SEC. 234. BASELINES AND OPERATIONAL TEST AND EVAL-
UATION FOR BALLISTIC MISSILE DEFENSE 
SYSTEM. 
(a) TESTING CRITERIA.—Not later than February 1, 
2005, the Secretary of Defense, in consultation with the Di-
rector of Operational Test and Evaluation, shall prescribe 
appropriate criteria for operationally realistic testing of 
fieldable prototypes developed under the ballistic missile de-
fense spiral development program. The Secretary shall sub-
mit a copy of the prescribed criteria to the congressional 
defense committees. 
(b) USE OF CRITERIA.—(1) The Secretary of Defense 
shall ensure that, not later than October 1, 2005, a test of 
the ballistic missile defense system is conducted consistent 
with the criteria prescribed under subsection (a). 
(2) The Secretary of Defense shall ensure that each 
block configuration of the ballistic missile defense system 
is tested consistent with the criteria prescribed under sub-
section (a). 
(c) RELATIONSHIP TO OTHER LAW.—Nothing in this 
section shall be construed to exempt any spiral development 
program of the Department of Defense, after completion of 
the spiral development, from the applicability of any provi-
sion of chapter 144 of title 10, United States Code, or sec-
tion 139, 181, 2366, 2399, or 2400 of such title in accord-
ance with the terms and conditions of such provision.
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(d) EVALUATION.—(1) The Director of Operational 
Test and Evaluation shall evaluate the results of each test 
conducted under subsection (a) as soon as practicable after 
the completion of such test. 
(2) The Director shall submit to the Secretary of De-
fense and the congressional defense committees a report on 
the evaluation of each test conducted under subsection (a) 
upon completion of the evaluation of such test under para-
graph (1). 
(e) COST, SCHEDULE, AND PERFORMANCE BASE-
LINES.—(1) The Director of the Missile Defense Agency 
shall establish cost, schedule, and performance baselines for 
each block configuration of the Ballistic Missile Defense 
System being fielded. The cost baseline for a block configu-
ration shall include full life cycle costs for the block configu-
ration. 
(2) The Director shall include the baselines established 
under paragraph (1) in the first Selected Acquisition Re-
port for the Ballistic Missile Defense System that is sub-
mitted to Congress under section 2432 of title 10, United 
States Code, after the establishment of such baselines. 
(3) The Director shall also include in the Selected Ac-
quisition Report submitted to Congress under paragraph 
(2) the significant assumptions used in determining the 
performance baseline under paragraph (1), including any
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assumptions regarding threat missile countermeasures and 
decoys. 
(f) VARIATIONS AGAINST BASELINES.—In the event the 
cost, schedule, or performance of any block configuration 
of the Ballistic Missile Defense System varies significantly 
(as determined by the Director of the Ballistic Missile De-
fense Agency) from the applicable baseline established under 
subsection (d), the Director shall include such variation, 
and the reasons for such variation, in the Selected Acquisi-
tion Report submitted to Congress under section 2432 of 
title 10, United States Code. 
(g) MODIFICATIONS OF BASELINES.—In the event the 
Director of the Missile Defense Agency elects to undertake 
any modification of a baseline established under subsection 
(d), the Director shall submit to the congressional defense 
committees a report setting forth the reasons for such modi-
fication. 
Subtitle D—Other Matters 
SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY 
INSERTION. 
(a) REPORT REQUIRED.—(1) For each of fiscal years 
2006, 2007, 2008, and 2009, the Secretary of Defense shall 
submit to the congressional defense committees a report on 
the submarine technologies that are available or potentially 
available for insertion in submarines of the Navy to reduce
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the production and operating costs of the submarines while 
maintaining or improving the effectiveness of the sub-
marines. 
(2) The annual report for a fiscal year under para-
graph (1) shall be submitted at the same time that the 
President submits to Congress the budget for that fiscal year 
under section 1105(a) of title 31, United States Code. 
(b) CONTENT.—The report on submarine technologies 
under subsection (a) shall include, for each class of sub-
marines of the Navy, the following matters: 
(1) A list of the technologies that have been dem-
onstrated, together with— 
(A) a plan for the insertion of any such 
technologies that have been determined appro-
priate for such submarines; and 
(B) the estimated cost of such technology in-
sertions. 
(2) A list of the technologies that have not been 
demonstrated, together with a plan for the demonstra-
tion of any such technologies that have the potential 
for being appropriate for such submarines.
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SEC. 242. SENSE OF THE SENATE REGARDING FUNDING OF 
THE ADVANCED SHIPBUILDING ENTERPRISE 
UNDER THE NATIONAL SHIPBUILDING RE-
SEARCH PROGRAM OF THE NAVY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The budget for fiscal year 2005, as submitted 
to Congress by the President, provides $10,300,000 for 
the Advanced Shipbuilding Enterprise under the Na-
tional Shipbuilding Research Program of the Navy. 
(2) The Advanced Shipbuilding Enterprise is an 
innovative program to encourage greater efficiency in 
the national technology and industrial base. 
(3) The leaders of the United States shipbuilding 
industry have embraced the Advanced Shipbuilding 
Enterprise as a method for exploring and collabo-
rating on innovation in shipbuilding and ship repair 
that collectively benefits all components of the indus-
try. 
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate— 
(1) that the Senate— 
(A) strongly supports the innovative Ad-
vanced Shipbuilding Enterprise under the Na-
tional Shipbuilding Research Program as an en-
terprise between the Navy and industry that has 
yielded new processes and techniques that reduce
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the cost of building and repairing ships in the 
United States; and 
(B) is concerned that the future-years de-
fense program of the Department of Defense that 
was submitted to Congress for fiscal year 2005 
does not reflect any funding for the Advanced 
Shipbuilding Enterprise after fiscal year 2005; 
and 
(2) that the Secretary of Defense should continue 
to provide in the future-years defense program for 
funding the Advanced Shipbuilding Enterprise at a 
sustaining level in order to support additional re-
search to further reduce the cost of designing, build-
ing, and repairing ships. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 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, $26,305,611,000.
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(2) For the Navy, $29,702,790,000. 
(3) For the Marine Corps, $3,682,727,000. 
(4) For the Air Force, $27,423,560,000. 
(5) For Defense-wide activities, $17,453,576,000. 
(6) For the Army Reserve, $1,925,728,000. 
(7) For the Naval Reserve, $1,240,038,000. 
(8) For the Marine Corps Reserve, $197,496,000. 
(9) For the Air Force Reserve, $2,154,790,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$4,227,236,000. 
(11) 
For 
the 
Air 
National 
Guard, 
$4,366,738,000. 
(12) For the United States Court of Appeals for 
the Armed Forces, $10,825,000. 
(13) For Environmental Restoration, Army, 
$405,598,000. 
(14) For Environmental Restoration, Navy, 
$266,820,000. 
(15) For Environmental Restoration, Air Force, 
$397,368,000. 
(16) For Environmental Restoration, Defense- 
wide, $23,684,000. 
(17) For Environmental Restoration, Formerly 
Used Defense Sites, $256,516,000.
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(18) For Overseas Humanitarian, Disaster, and 
Civic Aid programs, $59,000,000. 
(19) For Cooperative Threat Reduction pro-
grams, $409,200,000. 
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, 
$1,625,686,000. 
(2) For the National Defense Sealift Fund, 
$1,269,252,000. 
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, $17,992,211,000, of 
which— 
(1) $17,555,169,000 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.
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(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, 
$1,518,990,000, of which— 
(A) $1,138,801,000 is for Operation and Mainte-
nance; 
(B) $301,209,000 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
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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, $164,562,000, of which— 
(1) $162,362,000 is for Operation and Mainte-
nance; 
(2) $100,000 is for Research, Development, Test, 
and Evaluation; and 
(3) $2,100,000 is for Procurement. 
SEC. 304. AMOUNT FOR ONE SOURCE MILITARY COUN-
SELING AND REFERRAL HOTLINE. 
(a) AUTHORIZATION
OF APPROPRIATION
OF ADDI-
TIONAL AMOUNT.—The amount authorized to be appro-
priated under section 301(5) is hereby increased by 
$5,000,000, which shall be available (in addition to other 
amounts available under this Act for the same purpose) 
only for the Department of Defense One Source counseling 
and referral hotline. 
(b) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $5,000,000, 
with the amount of the reduction to be derived from excess 
amounts provided for military personnel of the Air Force.
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Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 311. COMMANDER’S EMERGENCY RESPONSE PRO-
GRAM. 
(a) FUNDING.—Of the amounts authorized to be ap-
propriated for fiscal year 2005 by section 301(5) for oper-
ation and maintenance for Defense-wide activities, not 
more than $300,000,000 may be made available in fiscal 
year 2005 for the following: 
(1) The Commander’s Emergency Response Pro-
gram, which was established by the Administrator of 
the Coalition Provisional Authority for the purpose of 
enabling United States military commanders in Iraq 
to respond to urgent humanitarian relief and recon-
struction needs within their areas of responsibility by 
carrying out programs to provide immediate assist-
ance to the people of Iraq. 
(2) A similar program to enable United States 
military commanders in Afghanistan to respond in 
such manner to similar needs in Afghanistan. 
(b) QUARTERLY REPORTS REQUIRED.—The Secretary 
of Defense shall submit to the congressional defense commit-
tees on a quarterly basis reports on the use of amounts made 
available under subsection (a).
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SEC. 312. LIMITATION ON TRANSFERS OUT OF WORKING 
CAPITAL FUNDS. 
Section 2208 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(r) LIMITATION
ON
TRANSFERS.—(1) Notwith-
standing any authority for transfer of funds provided in 
this section, no transfer may be made out of a working cap-
ital fund or between or among working capital funds under 
such authority unless the Secretary of Defense has sub-
mitted a notification of the proposed transfer to the congres-
sional defense committees in accordance with customary 
procedures. 
‘‘(2) The amount of a transfer covered by a notification 
under paragraph (1) that is proposed to be made in a fiscal 
year does not count for the purpose of any limitation on 
the total amount of transfers that may be made for that 
fiscal year under authority provided to the Secretary of De-
fense in a law authorizing appropriations for a fiscal year 
for military activities of the Department of Defense or a 
law making appropriations for the Department of De-
fense.’’. 
SEC. 313. FAMILY READINESS PROGRAM OF THE NATIONAL 
GUARD. 
(a) AMOUNT FOR PROGRAM.—The amount authorized 
to be appropriated by section 301(1) for operation and 
maintenance for the Army is hereby increased by
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$10,000,000 for the Family Readiness Program of the Na-
tional Guard. 
(b) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $10,000,000, 
with the amount of the reduction to be derived from excess 
amounts provided for military personnel of the Air Force. 
Subtitle C—Environmental 
Provisions 
SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS 
IN CONNECTION WITH DEFENSE ENVIRON-
MENTAL RESTORATION PROGRAM. 
(a) PAYMENT FOR ACTIVITIES AT FORMER DEFENSE 
PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL RE-
MEDIAL ACTION.—Section 2701(d) of title 10, United States 
Code, is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(3)’’ and inserting ‘‘paragraph (4)’’; 
(2) by redesignating paragraphs (2), (3), and 
(4), as paragraphs (3), (4), and (5), respectively; and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) ACTIVITIES AT CERTAIN FORMER DEFENSE 
PROPERTY.—In addition to agreements under para-
graph (1), the Secretary may also enter into agree-
ments with owners of property subject to a covenant
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provided by the United States under section 
120(h)(3)(A)(ii) 
of 
CERCLA 
(42 
U.S.C. 
9620(h)(3)(A)(ii)) to reimburse the owners of such 
property for activities under this section with respect 
to such property by reason of the covenant.’’. 
(b) SOURCE OF FUNDS FOR FORMER BRAC PROPERTY 
SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL AC-
TION.—Section 2703 of such title is amended— 
(1) in subsection (g)(1), by striking ‘‘The sole 
source’’ and inserting ‘‘Except as provided in sub-
section (h), the sole source’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL 
REMEDIATION AT CERTAIN BASE REALIGNMENT AND CLO-
SURE SITES.—In the case of property disposed of pursuant 
to a base closure law and subject to a covenant described 
in section 2701(d)(2) of this title, the sole source of funds 
for activities under such section shall be the base closure 
account established under the applicable base closure law.’’.
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SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL PROTEC-
TION AGENCY FOR CERTAIN COSTS IN CON-
NECTION 
WITH 
MOSES 
LAKE 
WELLFIELD 
SUPERFUND 
SITE, 
MOSES 
LAKE, 
WASH-
INGTON. 
(a) AUTHORITY TO REIMBURSE.—(1) Using funds de-
scribed in subsection (b), the Secretary of Defense may 
transfer not more than $524,926.54 to the Moses Lake 
Wellfield Superfund Site 10–6J Special Account. 
(2) The payment under paragraph (1) is to reimburse 
the Environmental Protection Agency for its costs, includ-
ing interest, incurred in overseeing a remedial investiga-
tion/feasibility study performed by the Department of the 
Army under the Defense Environmental Restoration Pro-
gram at the former Larson Air Force Base, Moses Lake 
Superfund Site, Moses Lake, Washington. 
(3) The reimbursement described in paragraph (2) is 
provided for in the interagency agreement entered into by 
the Department of the Army and the Environmental Protec-
tion Agency for the Moses Lake Wellfield Superfund Site 
in March 1999. 
(b) SOURCE OF FUNDS.—Any payment under sub-
section (a) shall be made using funds authorized to be ap-
propriated by section 301(17) for operation and mainte-
nance for Environmental Restoration, Formerly Used De-
fense Sites.
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(c) USE OF FUNDS.—The Environmental Protection 
Agency shall use the amount transferred under subsection 
(a) to pay costs incurred by the Agency at the Moses Lake 
Wellfield Superfund Site. 
SEC. 323. SATISFACTION OF CERTAIN AUDIT REQUIRE-
MENTS BY THE INSPECTOR GENERAL OF THE 
DEPARTMENT OF DEFENSE. 
(a) SATISFACTION OF REQUIREMENTS.—The Inspector 
General of the Department of Defense shall be deemed to 
be in compliance with the requirements of subsection (k) 
of section 111 of Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) 
if the Inspector General conducts periodic audits of the pay-
ments, obligations, reimbursements and other uses of the 
Fund described in that section, even if such audits do not 
occur on an annual basis. 
(b) REPORTS TO CONGRESS ON AUDITS.—The Inspec-
tor General shall submit to Congress a report on each audit 
conducted by the Inspector General as described in sub-
section (a).
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SEC. 324. COMPTROLLER GENERAL STUDY AND REPORT ON 
DRINKING WATER CONTAMINATION AND RE-
LATED HEALTH EFFECTS AT CAMP LEJEUNE, 
NORTH CAROLINA. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on drinking water contamina-
tion and related health effects at Camp Lejeune, North 
Carolina. The study shall consist of the following: 
(1) A study of the history of drinking water con-
tamination at Camp Lejeune to determine, to the ex-
tent practical— 
(A) what contamination has been found in 
the drinking water; 
(B) the source of such contamination and 
when it may have begun; 
(C) when Marine Corps officials first be-
came aware of such contamination; 
(D) what actions have been taken to address 
such contamination; 
(E) the appropriateness of such actions in 
light of the state of knowledge regarding con-
tamination of that type, and applicable legal re-
quirements regarding such contamination, as of 
the time of such actions; and 
(F) any other matters that the Comptroller 
General considers appropriate.
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(2) An assessment of the study on the possible 
health effects associated with the drinking of contami-
nated drinking water at Camp Lejeune as proposed 
by the Agency for Toxic Substances and Disease Reg-
istry (ATSDR), including whether the proposed 
study— 
(A) will address the appropriate at-risk 
populations; 
(B) will encompass an appropriate time-
frame; 
(C) will consider all relevant health effects; 
and 
(D) can be completed on an expedited basis 
without compromising its quality. 
(b) AUTHORITY TO USE EXPERTS.—The Comptroller 
General may use experts in conducting the study required 
by subsection (a). Any such experts shall be independent, 
highly qualified, and knowledgeable in the matters covered 
by the study. 
(c) PARTICIPATION
BY OTHER INTERESTED PAR-
TIES.—In conducting the study required by subsection (a), 
the Comptroller General shall ensure that interested parties, 
including individuals who lived or worked at Camp Lejeune 
during the period when the drinking water may have been
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contaminated, have the opportunity to submit information 
and views on the matters covered by the study. 
(d) CONSTRUCTION WITH ATSDR STUDY.—The re-
quirement under subsection (a) that the Comptroller Gen-
eral conduct the study required by paragraph (2) of that 
subsection may not be construed as a basis for the delay 
of the study proposed by Agency for Toxic Substances and 
Disease Registry as described in that subsection, but is in-
tended to provide an independent review of the appropriate-
ness and credibility of the study proposed by the Agency 
and to identify possible improvements in the plan or imple-
mentation of the study proposed by the Agency. 
(e) REPORT.—(1) Not later than one year after the 
date of the enactment of this Act, the Comptroller General 
shall submit to the congressional defense committees a re-
port on the study required by subsection (a), including such 
recommendations as the Comptroller General considers ap-
propriate for further study or for legislative or other action. 
(2) Recommendations under paragraph (1) may in-
clude recommendations for modifications or additions to the 
study proposed by the Agency for Toxic Substances and Dis-
ease Registry, as described in subsection (a)(2), in order 
to improve the study.
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SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF ENVIRON-
MENTAL REMEDIATION, FRONT ROYAL, VIR-
GINIA. 
Section 591(a)(2) of the Water Resources Development 
Act of 1999 (Public Law 106–53; 113 Stat. 378) is amended 
by striking ‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’. 
SEC. 326. COMPTROLLER GENERAL STUDY AND REPORT ON 
ALTERNATIVE TECHNOLOGIES TO DECON-
TAMINATE GROUNDWATER AT DEPARTMENT 
OF DEFENSE INSTALLATIONS. 
(a) COMPTROLLER GENERAL STUDY.—The Comp-
troller General of the United States shall conduct a study 
to determine whether or not cost-effective technologies are 
available to the Department of Defense for the cleanup of 
groundwater contamination at Department installations in 
lieu of traditional methods, such as pump and treat, that 
can be expensive and take many years to complete. 
(b) ELEMENTS.—The study under subsection (a) shall 
include the following: 
(1) An identification of current technologies 
being used or field tested by the Department to treat 
groundwater at Department installations, including 
the contaminants being addressed. 
(2) An identification of cost-effective technologies 
described in that subsection that are currently under 
research, under development by commercial vendors,
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or available commercially and being used outside the 
Department and that have potential for use by the 
Department to address the contaminants identified 
under paragraph (1). 
(3) An evaluation of the potential benefits and 
limitations of using the technologies identified under 
paragraphs (1) and (2). 
(4) A description of the barriers, such as cost, ca-
pability, or legal restrictions, to using the technologies 
identified under paragraph (2). 
(5) Any other matters the Comptroller General 
considers appropriate. 
(c) REPORT.—By April 1, 2005, the Comptroller Gen-
eral shall submit to Congress a report on the study under 
subsection (a). The report shall include the results of the 
study and any recommendations, including recommenda-
tions for administrative or legislative action, that the 
Comptroller General considers appropriate. 
SEC. 327. SENSE OF SENATE ON PERCHLORATE CONTAMI-
NATION OF GROUND AND SURFACE WATER. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) Because finite water sources in the United 
States are stretched by regional drought conditions 
and increasing demand for water supplies, there is
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increased need for safe and dependable supplies of 
fresh water for drinking and use for agricultural pur-
poses. 
(2) Perchlorate, a naturally occurring and man-
made compound with medical, commercial, and na-
tional defense applications, which has been used pri-
marily in military munitions and rocket fuels, has 
been detected in fresh water sources intended for use 
as drinking water and water necessary for the pro-
duction of agricultural commodities. 
(3) If ingested in sufficient concentration and in 
adequate duration, perchlorate may interfere with 
thyroid metabolism, and this effect may impair the 
normal development of the brain in fetuses and 
newborns. 
(4) The Federal Government has not yet estab-
lished a drinking water standard for perchlorate. 
(5) The National Academy of Sciences is con-
ducting an assessment of the state of the science re-
garding the effects on human health of perchlorate in-
gestion that will aid in understanding the effect of 
perchlorate exposure on sensitive populations. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that—
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(1) perchlorate has been identified as a contami-
nant of drinking water sources or in the environment 
in 34 States and has been used or manufactured in 
44 States; 
(2) perchlorate exposure at or above a certain 
level may adversely affect public health, particularly 
the health of vulnerable and sensitive populations; 
and 
(3) the Department of Defense should— 
(A) work to develop a national plan to re-
mediate perchlorate contamination of the envi-
ronment resulting from Department’s activities 
to ensure the Department is prepared to respond 
quickly and appropriately once a drinking water 
standard is established; 
(B) in cases in which the Department is al-
ready remediating perchlorate contamination, 
continue that remediation; 
(C) prior to the development of a drinking 
water standard for perchlorate, develop a plan to 
remediate perchlorate contamination in cases in 
which such contamination from the Depart-
ment’s activities is present in ground or surface 
water at levels that pose a hazard to human 
health; and
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(D) continue the process of evaluating and 
prioritizing sites without waiting for the devel-
opment of a Federal standard. 
SEC. 328. AMOUNT FOR RESEARCH AND DEVELOPMENT FOR 
IMPROVED PREVENTION OF LEISHMANIASIS. 
(a) INCREASE IN AMOUNT FOR DEFENSE HEALTH 
PROGRAM.—The amount authorized to be appropriated by 
section 303(a)(2) for the Defense Health Program for re-
search, development, test, and evaluation is hereby in-
creased by $500,000, with the amount of the increase to be 
available 
for 
purposes 
relating 
to 
Leishmaniasis 
Diagnostics Laboratory. 
(b) INCREASE IN AMOUNT FOR RDT&E, ARMY FOR 
LEISHMANIASIS TOPICAL TREATMENT.—The amount au-
thorized to be appropriated by section 201(1) for research, 
development, test, and evaluation, Army, as increased by 
subsection (b), is hereby further increased by $4,500,000, 
with the amount of the increase to be available in Program 
Element PE 0604807A for purposes relating to Leishmani-
asis Topical Treatment. 
(c) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $5,000,000, 
with the amount of the reduction to be derived from excess 
amounts provided for military personnel of the Air Force.
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SEC. 329. REPORT REGARDING ENCROACHMENT ISSUES AF-
FECTING UTAH TEST AND TRAINING RANGE, 
UTAH. 
(a) REPORT REQUIRED.—(1) 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. 
(2) It is the sense of the Senate that such recommenda-
tions should be carefully considered for future legislative ac-
tion. 
(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. 
(c) PROHIBITION
ON
GROUND
MILITARY
OPER-
ATIONS.—Nothing in this section shall be construed to per-
mit a military operation to be conducted on the ground in 
a covered wilderness study area in the Utah Test and 
Training Range.
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(d) COMMUNICATIONS
AND TRACKING SYSTEMS.— 
Nothing in this section shall be construed to prevent any 
required maintenance of existing communications, instru-
mentation, or electronic tracking systems (or the infrastruc-
ture supporting such systems) necessary for effective testing 
and training to meet military requirements in the Utah 
Test and Training Range. 
Subtitle D—Depot-Level 
Maintenance and Repair 
SEC. 331. SIMPLIFICATION OF ANNUAL REPORTING RE-
QUIREMENTS 
CONCERNING 
FUNDS 
EX-
PENDED FOR DEPOT MAINTENANCE AND RE-
PAIR WORKLOADS. 
(a) CONSOLIDATION
AND
REVISION
OF
DEPART-
MENTAL REPORTING REQUIREMENTS.—Section 2466(d) of 
title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘February 1’’ and inserting 
‘‘April 1’’; and 
(B) by striking ‘‘the preceding two fiscal 
years’’ and inserting ‘‘the preceding fiscal year 
and are projected to be expended in the fiscal 
year in which submitted and ensuing fiscal 
years’’; and 
(2) by striking paragraph (2).
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(b) TIMING AND CONTENT OF GAO VIEWS.—Para-
graph (3) of such section— 
(1) is redesignated as paragraph (2); and 
(2) is amended— 
(A) by striking ‘‘60 days’’ and inserting 
‘‘90 days’’; and 
(B) by striking ‘‘whether—’’ and all that 
follows and inserting the following: ‘‘whether the 
Department of Defense has complied with the re-
quirements of subsection (a) for the fiscal year 
preceding the fiscal year in which the report is 
submitted and whether the expenditure projec-
tions for the other fiscal years covered by the re-
port are reasonable.’’. 
SEC. 332. REPEAL OF REQUIREMENT FOR ANNUAL REPORT 
ON MANAGEMENT OF DEPOT EMPLOYEES. 
(a) REPEAL.—Section 2472 of title 10, United States 
Code, is amended by striking subsection (b). 
(b) CONFORMING AMENDMENT.—Subsection (a) of 
such section is amended by striking ‘‘(a) PROHIBITION ON 
MANAGEMENT BY END STRENGTH.—’’.
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SEC. 333. EXTENSION OF SPECIAL TREATMENT FOR CER-
TAIN EXPENDITURES INCURRED IN THE OP-
ERATION OF CENTERS OF INDUSTRIAL AND 
TECHNICAL EXCELLENCE. 
Section 2474(f)(1) of title 10, United States Code, is 
amended by striking ‘‘through 2006’’ and inserting 
‘‘through 2009’’. 
Subtitle E—Extensions of Program 
Authorities 
SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DE-
FENSE TELECOMMUNICATIONS BENEFIT. 
Section 344(c) of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 
1449) is amended by striking ‘‘September 30, 2004’’ and 
inserting ‘‘September 30, 2006’’. 
SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT 
PROGRAM INITIATIVE. 
Section 343 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 
note) is amended— 
(1) in subsection (a), by striking ‘‘2004’’ and in-
serting ‘‘2006’’; and 
(2) in subsection (g)— 
(A) in paragraph (1), by striking ‘‘2004’’ 
and inserting ‘‘2006’’; and
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(B) in paragraph (2), by striking ‘‘2003’’ 
and inserting ‘‘2005’’. 
SEC. 343. REAUTHORIZATION OF WARRANTY CLAIMS RE-
COVERY PILOT PROGRAM. 
Section 391(f) of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 
2304 note) is amended by striking ‘‘September 30, 2004’’ 
and inserting ‘‘September 30, 2006’’. 
Subtitle F—Defense Dependents 
Education 
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 
THAT BENEFIT DEPENDENTS OF MEMBERS 
OF THE ARMED FORCES AND DEPARTMENT 
OF DEFENSE CIVILIAN EMPLOYEES. 
(a) CONTINUATION
OF DEPARTMENT
OF DEFENSE 
PROGRAM FOR FISCAL YEAR 2005.—Of the amount author-
ized to be appropriated pursuant to section 301(5) for oper-
ation and maintenance for Defense-wide activities, 
$30,000,000 shall be available only for the purpose of pro-
viding educational agencies assistance to local educational 
agencies. 
(b) NOTIFICATION.—Not later than June 30, 2005, the 
Secretary of Defense shall notify each local educational 
agency that is eligible for educational agencies assistance 
for fiscal year 2005 of—
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(1) that agency’s eligibility for the assistance; 
and 
(2) the amount of the assistance for which that 
agency is eligible. 
(c) DISBURSEMENT OF FUNDS.—The Secretary of De-
fense shall disburse funds made available under subsection 
(a) not later than 30 days after the date on which notifica-
tion to the eligible local educational agencies is provided 
pursuant to subsection (b). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘educational agencies assistance’’ 
means assistance authorized under section 386(b) of 
the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102–484; 20 U.S.C. 7703 
note). 
(2) The term ‘‘local educational agency’’ has the 
meaning given that term in section 8013(9) of the El-
ementary and Secondary Education Act of 1965 (20 
U.S.C. 7713(9)). 
(3) The term ‘‘basic support payment’’ means a 
payment authorized under section 8003(b)(1) of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7703(b)(1)).
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SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DIS-
ABILITIES. 
Of the amount authorized to be appropriated pursuant 
to section 301(5) for operation and maintenance for De-
fense-wide activities, $5,000,000 shall be available for pay-
ments under section 363 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–77; 20 
U.S.C. 7703a). 
SEC. 353. SENSE OF THE SENATE REGARDING THE IMPACT 
OF THE PRIVATIZATION OF MILITARY HOUS-
ING ON LOCAL SCHOOLS. 
(a) FINDINGS.—The Senate finds the following: 
(1) There are approximately 750,000 school-aged 
children of members of the active duty Armed Forces 
in the United States. 
(2) Approximately 650,000 of those students are 
currently being served in public schools across the 
United States. 
(3) The Department of Defense has embarked on 
military housing privatization initiatives using au-
thorities provided in subchapter IV of chapter 169 of 
part IV of subtitle A of title 10, United States Code, 
which will result in the improvement or replacement 
of 120,000 military family housing units in the 
United States.
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(4) The Secretary of each military department is 
authorized to include the construction of new school 
facilities in agreements carried out under subchapter 
IV of chapter 169 of part IV of subtitle A of title 10, 
United States Code. 
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Department of Defense should support the con-
struction of schools in housing privatization agreements 
that severely impact student populations. 
Subtitle G—Other Matters 
SEC. 361. CHARGES FOR DEFENSE LOGISTICS INFORMA-
TION SERVICES MATERIALS. 
(a) AUTHORITY.—Subchapter I of chapter 8 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 197. Defense Logistics Agency: fees charged for lo-
gistics information 
‘‘(a) AUTHORITY.—The Secretary of Defense may 
charge fees for providing information in the Federal Logis-
tics Information System through Defense Logistics Informa-
tion Services to a department or agency of the executive 
branch outside the Department of Defense, or to a State, 
a political subdivision of a State, or any person. 
‘‘(b) AMOUNT.—The fee or fees prescribed under sub-
section (a) shall be such amount or amounts as the Sec-
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retary of Defense determines appropriate for recovering the 
costs of providing information as described in such sub-
section. 
‘‘(c) RETENTION OF FEES.—Fees collected under this 
section shall be credited to the appropriation available for 
Defense Logistics Information Services for the fiscal year 
in which collected, shall be merged with other sums in such 
appropriation, and shall be available for the same purposes 
and period as the appropriation with which merged. 
‘‘(d) DEFENSE LOGISTICS INFORMATION SERVICES 
DEFINED.—In this section, the term ‘Defense Logistics In-
formation Services’ means the organization within the De-
fense Logistics Agency that is known as Defense Logistics 
Information Services.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by adding at 
the end the following new item: 
‘‘197. Defense Logistics Agency: fees charged for logistics information.’’. 
SEC. 362. TEMPORARY AUTHORITY FOR CONTRACTOR PER-
FORMANCE OF SECURITY-GUARD FUNCTIONS. 
(a) CONDITIONAL EXTENSION OF AUTHORITY.—Sub-
section (c) of section 332 of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107– 
314; 116 Stat. 2513) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘AUTHORITY.—’’; 
and
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(2) by striking ‘‘at the end of the three-year pe-
riod’’ and all that follows through the period at the 
end and inserting ‘‘at the end of September 30, 2006, 
except that such authority shall not be in effect under 
this section for any period after December 1, 2004, 
during which the Secretary has failed to comply with 
the requirement to submit the plan under subsection 
(d)(2). 
‘‘(2) No security-guard functions may be performed 
under any contract entered into using the authority pro-
vided under this section during any period for which the 
authority for contractor performance of security-guard 
functions under this section is not in effect. 
‘‘(3) The term of any contract entered into using the 
authority provided under this section may not extend be-
yond the date of the expiration of authority under para-
graph (1).’’. 
(b) REAFFIRMATION AND REVISION OF REPORTING 
REQUIREMENT.—Subsection (d) of such section is amend-
ed— 
(1) by striking ‘‘180 days after the date of the 
enactment of this Act,’’ and inserting ‘‘December 1, 
2004,’’; 
(2) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (4), respectively;
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(3) by inserting after ‘‘shall—’’ the following 
new paragraph: 
‘‘(1) identify each contract for the performance of 
security-guard functions entered into pursuant to the 
authority in subsection (a) on or before September 30, 
2004, including information regarding— 
‘‘(A) each installation at which such secu-
rity-guard functions are performed or are to be 
performed; 
‘‘(B) the period and amount of such con-
tract; 
‘‘(C) the number of security guards em-
ployed or to be employed under such contract; 
and 
‘‘(D) the actions taken or to be taken within 
the Department of Defense to ensure that the 
conditions applicable under paragraph (1) of 
subsection (a) or determined under paragraph 
(2) of such subsection are satisfied;’’; 
(4) by striking ‘‘and’’ at the end of paragraph 
(2), as redesignated by paragraph (2); and 
(5) by inserting after paragraph (2), as so redes-
ignated, the following new paragraph: 
‘‘(3) identify any limitation or constraint on the 
end strength of the civilian workforce of the Depart-
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ment of Defense that makes it difficult to meet re-
quirements identified under paragraph (2) by hiring 
personnel as civilian employees of the Department of 
Defense; and’’. 
SEC. 363. PILOT PROGRAM FOR PURCHASE OF CERTAIN MU-
NICIPAL SERVICES FOR DEPARTMENT OF DE-
FENSE INSTALLATIONS. 
(a) AUTHORITY.—The Secretary of Defense may carry 
out a pilot program to provide for the purchase of certain 
services needed for a Department of Defense installation 
from a county or municipality where the installation is lo-
cated. 
(b) PURPOSE OF PROGRAM.—The purpose of the pilot 
program is to provide the Secretary with a basis for evalu-
ating the efficacy of purchasing public works, utility, and 
other services needed for Department of Defense installa-
tions from counties or municipalities where the installa-
tions are located. 
(c) SERVICES AUTHORIZED
FOR PROCUREMENT.— 
Only the following services may be purchased for a partici-
pating installation under the pilot program: 
(1) Refuse collection. 
(2) Refuse disposal. 
(3) Library services. 
(4) Recreation services.
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(5) Facility maintenance and repair. 
(6) Utilities. 
(d) PROGRAM INSTALLATIONS.—The Secretary of each 
military department may designate under this section not 
more than two installations of such military department 
for participation in the pilot program. Only installations 
located in the United States are eligible for designation 
under this subsection. 
(e) REPORT.—Not later than February 1, 2010, the 
Secretary of Defense shall submit to Congress a report on 
any pilot program carried out under this section. The re-
port shall include— 
(1) the Secretary’s evaluation of the efficacy of 
purchasing public works, utility, and other services 
for Department of Defense installations from counties 
or municipalities where the installations are located; 
and 
(2) any recommendations that the Secretary con-
siders appropriate regarding authority to make such 
purchases. 
(f) PERIOD OF PILOT PROGRAM.—The pilot program 
may be carried out during fiscal years 2005 through 2010.
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SEC. 364. CONSOLIDATION AND IMPROVEMENT OF AU-
THORITIES 
FOR 
ARMY 
WORKING-CAPITAL 
FUNDED FACILITIES TO ENGAGE IN PUBLIC- 
PRIVATE PARTNERSHIPS. 
(a) PUBLIC-PRIVATE PARTNERSHIPS AUTHORIZED.— 
Chapter 433 of title 10, United States Code, is amended 
by adding at the end the following new section: 
‘‘§ 4544. Army industrial facilities: public-private 
partnerships 
‘‘(a) 
PUBLIC-PRIVATE
PARTNERSHIPS
AUTHOR-
IZED.—A working-capital funded Army industrial facility 
may enter into cooperative arrangements with non-Army 
entities to carry out military or commercial projects with 
the non-Army entities. A cooperative arrangement under 
this section shall be known as a ‘public-private partner-
ship’. 
‘‘(b) AUTHORIZED
PARTNERSHIP
ACTIVITIES.—A 
public-private partnership entered into by an Army indus-
trial facility may provide for any of the following activities: 
‘‘(1) The sale of articles manufactured by the fa-
cility or services performed by the facility to persons 
outside the Department of Defense. 
‘‘(2) The performance of— 
‘‘(A) work by a non-Army entity at the fa-
cility; or
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‘‘(B) work for a non-Army entity by the fa-
cility. 
‘‘(3) The sharing of work by the facility and one 
or more non-Army entities. 
‘‘(4) The leasing, or use under a facilities use 
contract or otherwise, of the facility (including excess 
capacity) or equipment (including excess equipment) 
of the facility by a non-Army entity. 
‘‘(5) The preparation and submission of joint of-
fers by the facility and one or more non-Army enti-
ties for competitive procurements entered into with a 
department or agency of the United States. 
‘‘(c) CONDITIONS
FOR PUBLIC-PRIVATE PARTNER-
SHIPS.—An activity described in subsection (b) may be car-
ried out as a public-private partnership at an Army indus-
trial facility only under the following conditions: 
‘‘(1) In the case of an article to be manufactured 
or services to be performed by the facility, the articles 
can be substantially manufactured, or the services can 
be substantially performed, by the facility without 
subcontracting for more than incidental performance. 
‘‘(2) The activity does not interfere with per-
formance of— 
‘‘(A) work by the facility for the Depart-
ment of Defense; or
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‘‘(B) a military mission of the facility. 
‘‘(3) The activity meets one of the following ob-
jectives: 
‘‘(A) Maximize utilization of the capacity of 
the facility. 
‘‘(B) Reduction or elimination of the cost of 
ownership of the facility. 
‘‘(C) Reduction in the cost of manufac-
turing or maintaining Department of Defense 
products at the facility. 
‘‘(D) Preservation of skills or equipment re-
lated to a core competency of the facility. 
‘‘(4) The non-Army entity partner or purchaser 
agrees to hold harmless and indemnify the United 
States from any liability or claim for damages or in-
jury to any person or property arising out of the ac-
tivity, including any damages or injury arising out 
of a decision by the Secretary of the Army or the Sec-
retary of Defense to suspend or terminate an activity, 
or any portion thereof, during a war or national 
emergency or to require the facility to perform other 
work or provide other services on a priority basis, ex-
cept— 
‘‘(A) in any case of willful misconduct or 
gross negligence; and
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‘‘(B) in the case of a claim by a purchaser 
of articles or services under this section that 
damages or injury arose from the failure of the 
Government to comply with quality, schedule, or 
cost performance requirements in the contract to 
carry out the activity. 
‘‘(d) 
METHODS
OF
PUBLIC-PRIVATE
PARTNER-
SHIPS.—To conduct an activity of a public-private partner-
ship under this section, the approval authority described 
in subsection (f) for an Army industrial facility may, in 
the exercise of good business judgment— 
‘‘(1) enter into a firm, fixed-price contract (or, 
if agreed to by the purchaser, a cost reimbursement 
contract) for a sale of articles or services or use of 
equipment or facilities; 
‘‘(2) enter into a multiyear partnership contract 
for a period not to exceed five years, unless a longer 
period is specifically authorized by law; 
‘‘(3) charge a partner the amounts necessary to 
recover the full costs of the articles or services pro-
vided, including capital improvement costs, and 
equipment depreciation costs associated with pro-
viding the articles, services, equipment, or facilities;
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‘‘(4) authorize a partner to use incremental 
funding to pay for the articles, services, or use of 
equipment or facilities; and 
‘‘(5) accept payment-in-kind. 
‘‘(e) DEPOSIT OF PROCEEDS.—(1) The proceeds of 
sales of articles and services received in connection with the 
use of an Army industrial facility under this section shall 
be credited to the appropriation or working-capital fund 
that incurs the variable costs of manufacturing the articles 
or performing the services. Notwithstanding section 3302(b) 
of title 31, the amount so credited with respect to an Army 
industrial facility shall be available, without further appro-
priation, as follows: 
‘‘(A) Amounts equal to the amounts of the vari-
able costs so incurred shall be available for the same 
purposes as the appropriation or working-capital 
fund to which credited. 
‘‘(B) Amounts in excess of the amounts of the 
variable costs so incurred shall be available for oper-
ations, maintenance, and environmental restoration 
at that Army industrial facility. 
‘‘(2) Amounts credited to a working-capital fund 
under paragraph (1) shall remain available until expended. 
Amounts credited to an appropriation under paragraph (1)
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shall remain available for the same period as the appro-
priation to which credited. 
‘‘(f) APPROVAL OF SALES.—The authority of an Army 
industrial facility to conduct a public-private partnership 
under this section shall be exercised at the level of the com-
mander of the major subordinate command of the Army 
that has responsibility for the facility. The commander may 
approve such partnership on a case basis or a class basis. 
‘‘(g) COMMERCIAL SALES.—Except in the case of work 
performed for the Department of Defense, for a contract of 
the Department of Defense, for foreign military sales, or for 
authorized foreign direct commercial sales (defense articles 
or defense services sold to a foreign government or inter-
national organization under export controls), a sale of arti-
cles or services may be made under this section only if the 
approval authority described in subsection (f) determines 
that the articles or services are not available from a com-
mercial source located in the United States in the required 
quantity or quality, or within the time required. 
‘‘(h) EXCLUSION FROM DEPOT-LEVEL MAINTENANCE 
AND
REPAIR
PERCENTAGE
LIMITATION.—Amounts ex-
pended for depot-level maintenance and repair workload by 
non-Federal personnel at an Army industrial facility shall 
not be counted for purposes of applying the percentage limi-
tation in section 2466(a) of this title if the personnel are
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provided by a non-Army entity pursuant to a public-pri-
vate partnership established under this section. 
‘‘(i) RELATIONSHIP TO OTHER LAWS.—Nothing in 
this section shall be construed to affect the application of— 
‘‘(1) foreign military sales and the export con-
trols provided for in sections 30 and 38 of the Arms 
Export Control Act (22 U.S.C. 2770 and 2778) to ac-
tivities of a public-private partnership under this sec-
tion; and 
‘‘(2) section 2667 of this title to leases of non-ex-
cess property in the administration of a public-pri-
vate partnership under this section. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) The term ‘Army industrial facility’ includes 
an ammunition plant, an arsenal, a depot, and a 
manufacturing plant. 
‘‘(2) The term ‘non-Army entity’ includes the fol-
lowing: 
‘‘(A) An executive agency. 
‘‘(B) An entity in industry or commercial 
sales. 
‘‘(C) A State or political subdivision of a 
State. 
‘‘(D) An institution of higher education or 
vocational training institution.
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‘‘(3) The term ‘incremental funding’ means a se-
ries of partial payments that— 
‘‘(A) are made as the work on manufacture 
or articles is being performed or services are 
being performed or equipment or facilities are 
used, as the case may be; and 
‘‘(B) result in full payment being completed 
as the required work is being completed. 
‘‘(4) The term ‘full costs’, with respect to articles 
or services provided under this section, means the 
variable costs and the fixed costs that are directly re-
lated to the production of the articles or the provision 
of the services. 
‘‘(5) The term ‘variable costs’ means the costs 
that are expected to fluctuate directly with the volume 
of sales or services provided or the use of equipment 
or facilities.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘4544. Army industrial facilities: public-private partnerships.’’. 
SEC. 365. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY 
OF WORLD WAR II. 
(a) IN GENERAL.—For fiscal year 2005, the Secretary 
of Defense may conduct a program—
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(1) to commemorate the 60th anniversary of 
World War II; and 
(2) to coordinate, support, and facilitate other 
such commemoration programs and activities of the 
Federal Government, State and local governments, 
and other persons. 
(b) PROGRAM ACTIVITIES.—The program referred to 
in subsection (a) may include activities and ceremonies— 
(1) to provide the people of the United States 
with a clear understanding and appreciation of the 
lessons and history of World War II; 
(2) to thank and honor veterans of World War 
II and their families; 
(3) to pay tribute to the sacrifices and contribu-
tions made on the home front by the people of the 
United States; 
(4) to foster an awareness in the people of the 
United States that World War II was the central 
event of the 20th century that defined the postwar 
world; 
(5) to highlight advances in technology, science, 
and medicine related to military research conducted 
during World War II;
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(6) to inform wartime and postwar generations 
of the contributions of the Armed Forces of the United 
States to the United States; 
(7) to recognize the contributions and sacrifices 
made by World War II allies of the United States; 
and 
(8) to highlight the role of the Armed Forces of 
the United States, then and now, in maintaining 
world peace through strength. 
(c) ESTABLISHMENT OF ACCOUNT.—(1) There is estab-
lished in the Treasury of the United States an account to 
be known as the ‘‘Department of Defense 60th Anniversary 
of World War II Commemoration Account’’ which shall be 
administered by the Secretary as a single account. 
(2) There shall be deposited in the account, from 
amounts appropriated to the Department of Defense for op-
eration and maintenance of Defense Agencies, such amounts 
as the Secretary considers appropriate to conduct the pro-
gram referred to in subsection (a). 
(3) The Secretary may use the funds in the account 
established in paragraph (1) only for the purpose of con-
ducting the program referred to in subsection (a). 
(4) Not later than 60 days after the termination of 
the authority of the Secretary to conduct the program re-
ferred to in subsection (a), the Secretary shall transmit to
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the Committees on Armed Services of the Senate and House 
of Representatives a report containing an accounting of all 
the funds deposited into and expended from the account or 
otherwise expended under this section, and of any amount 
remaining in the account. Unobligated funds which remain 
in the account after termination of the authority of the Sec-
retary under this section shall be held in the account until 
transferred by law after the Committees receive the report. 
(d) ACCEPTANCE OF VOLUNTARY SERVICES.—(1) Not-
withstanding section 1342 of title 31, United States Code, 
the Secretary may accept from any person voluntary serv-
ices to be provided in furtherance of the program referred 
to in subsection (a). 
(2) A person providing voluntary services under this 
subsection shall be considered to be an employee for the pur-
poses of chapter 81 of title 5, United States Code, relating 
to compensation for work-related injuries. Such a person 
who is not otherwise employed by the Federal Government 
shall not be considered to be a Federal employee for any 
other purposes by reason of the provision of such service. 
(3) The Secretary may reimburse a person providing 
voluntary services under this subsection for incidental ex-
penses incurred by such person in providing such services. 
The Secretary shall determine which expenses are eligible 
for reimbursement under this paragraph.
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SEC. 366. MEDIA COVERAGE OF THE RETURN TO THE 
UNITED STATES OF THE REMAINS OF DE-
CEASED MEMBERS OF THE ARMED FORCES 
FROM OVERSEAS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Department of Defense, since 1991, has 
relied on a policy of no media coverage of the trans-
fers of the remains of members Ramstein Air Force 
Base, Germany, nor at Dover Air Force Base, Dela-
ware, and the Port Mortuary Facility at Dover Air 
Force Base, nor at interim stops en route to the point 
of final destination in the transfer of the remains. 
(2) The principal focus and purpose of the policy 
is to protect the wishes and the privacy of families of 
deceased members of the Armed Forces during their 
time of great loss and grief and to give families and 
friends of the dead the privilege to decide whether to 
allow media coverage at the member’s duty or home 
station, at the interment site, or at or in connection 
with funeral and memorial services. 
(3) In a 1991 legal challenge to the Department 
of Defense policy, as applied during Operation Desert 
Storm, the policy was upheld by the United States 
District Court for the District of Columbia, and on 
appeal, by the United States Court of Appeals for the 
District of Columbia in the case of JB Pictures, Inc.
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v. Department of Defense and Donald B. Rice, Sec-
retary of the Air Force on the basis that denying the 
media the right to view the return of remains at 
Dover Air Force Base does not violate the first 
amendment guarantees of freedom of speech and of the 
press. 
(4) The United States Court of Appeals for the 
District of Columbia in that case cited the following 
two key Government interests that are served by the 
Department of Defense policy: 
(A) Reducing the hardship on the families 
and friends of the war dead, who may feel obli-
gated to travel great distances to attend arrival 
ceremonies at Dover Air Force Base if such cere-
monies were held. 
(B) Protecting the privacy of families and 
friends of the dead, who may not want media 
coverage of the unloading of caskets at Dover Air 
Force Base. 
(5) The Court also noted, in that case, that the 
bereaved may be upset at the public display of the 
caskets of their loved ones and that the policy gives 
the family the right to grant or deny access to the 
media at memorial or funeral services at the home
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base and that the policy is consistent in its concern 
for families. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the Department of Defense policy regarding no media 
coverage of the transfer of the remains of deceased members 
of the Armed Forces appropriately protects the privacy of 
the members’ families and friends of and is consistent with 
United States constitutional guarantees of freedom of speech 
and freedom of the press. 
SEC. 367. TRACKING AND CARE OF MEMBERS OF THE 
ARMED FORCES WHO ARE INJURED IN COM-
BAT. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) Members of the Armed Forces of the United 
States place themselves in harm’s way in the defense 
of democratic values and to keep the United States 
safe. 
(2) This call to duty has resulted in the ultimate 
sacrifice of members of the Armed Forces of the 
United States who are killed or critically injured 
while serving the United States. 
(b) SENSE OF SENATE.—It is the sense of the Senate—
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(1) to honor the sacrifice of the members of the 
Armed Forces who have been killed or critically 
wounded while serving the United States; 
(2) to recognize the heroic efforts of the medical 
personnel of the Armed Forces in treating wounded 
military personnel and civilians; and 
(3) to support advanced medical technologies 
that assist the medical personnel of the Armed Forces 
in saving lives and reducing disability rates for mem-
bers of the Armed Forces. 
(c) POLICY ON TRACKING OF WOUNDED FROM COMBAT 
ZONES.—(1) Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall— 
(A) prescribe the policy of the Department of De-
fense for providing timely notification to the next of 
kin of the status, including health and location, of 
members of the Armed Forces who are seriously ill or 
injured in a combat zone; and 
(B) transmit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a 
copy of the policy prescribed under subparagraph (A). 
(2) The policy prescribed under paragraph (1) shall 
ensure respect for the expressed desires of individual mem-
bers of the Armed Forces regarding notification of next of 
kin under the policy, and shall also include standards of
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timeliness for the initial and continuing notification of next 
of kin under the policy. 
(d) FUNDING FOR MEDICAL EQUIPMENT AND COMBAT 
CASUALTY TECHNOLOGIES.—(1) The amount authorized to 
be appropriated by section 201(4) for research, development, 
test, and evaluation, Defense-wide activities, is hereby in-
creased by $10,000,000, with the amount of the increase to 
be allocated to Program Element PE 0603826D8Z. 
(2) Of the amount authorized to be appropriated by 
section 201(4) for research, development, test, and evalua-
tion, Defense-wide activities, and allocated to Program Ele-
ment PE 0603826D8Z, as provided by paragraph (1), 
$10,000,000 may be available for medical equipment and 
combat casualty care technologies. 
(e) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $10,000,000, 
with the amount of the reduction to be derived from excess 
amounts provided for military personnel of the Air Force. 
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:
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(1) The Army, 502,400, subject to the condition 
that costs of active duty personnel of the Army in ex-
cess of 482,400 shall be paid out of funds authorized 
to be appropriated for fiscal year 2005 for a contin-
gent emergency reserve fund or as an emergency sup-
plemental appropriation. 
(2) The Navy, 365,900. 
(3) The Marine Corps, 175,000. 
(4) The Air Force, 359,700. 
SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF 
ARMY 
ACTIVE 
DUTY 
PERSONNEL 
END 
STRENGTHS 
FOR 
FISCAL 
YEARS 
2005 
THROUGH 2009. 
(a) AUTHORITY.—During fiscal years 2005 through 
2009, the Secretary of Defense is authorized to increase by 
up to 30,000 the end strength authorized for the Army for 
such fiscal year under section 115(a)(1)(A) of title 10, 
United States Code, as necessary to support the operational 
mission of the Army in Iraq and Afghanistan and to 
achieve transformational reorganization objectives of the 
Army, including objectives for increased numbers of combat 
brigades, unit manning, force stabilization and shaping, 
and rebalancing of the active and reserve component forces 
of the Army.
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(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU-
THORITY.—Nothing in this section shall be construed to 
limit the President’s authority under section 123a of title 
10, United States Code, to waive any statutory end strength 
in a time of war or national emergency. 
(c) RELATIONSHIP
TO OTHER VARIANCE AUTHOR-
ITY.—The authority under subsection (a) is in addition to 
the authority to vary authorized end strengths that is pro-
vided in subsections (e) and (f) of section 115 of title 10, 
United States Code. 
(d) BUDGET TREATMENT.—If the Secretary of Defense 
plans to increase the Army active duty end strength for a 
fiscal year under subsection (a) of this section or pursuant 
to a suspension of end-strength limitation under section 
123a of title 10, United States Code, then the budget for 
the Department of Defense for such fiscal year as submitted 
to Congress shall specify the amounts necessary for funding 
the active duty end strength of the Army in excess of 
482,400 (the end strength authorized for active duty per-
sonnel of the Army for fiscal year 2004 in section 401(1) 
of the National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108–136; 117 Stat. 1450)).
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SEC. 403. EXCLUSION OF SERVICE ACADEMY PERMANENT 
AND CAREER PROFESSORS FROM A LIMITA-
TION 
ON 
CERTAIN 
OFFICER 
GRADE 
STRENGTHS. 
Section 523(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(8) Up to 50 permanent professors of each of 
the United States Military Academy and the United 
States Air Force Academy, and up to 50 professors of 
the United States Naval Academy who are career 
military professors (as defined in regulations pre-
scribed by the Secretary of the Navy).’’. 
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.
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(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 proportionately in-
creased 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
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the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 26,602. 
(2) The Army Reserve, 14,970. 
(3) The Naval Reserve, 14,152. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 12,253. 
(6) The Air Force Reserve, 1,900. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2005 for the reserve 
components of the Army and the Air Force (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.
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SEC. 414. FISCAL YEAR 2005 LIMITATIONS ON 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 the term in section 10217(a) of title 10, 
United States Code. 
SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS 
RESERVE OFFICERS IN ACTIVE STATUS IN 
GRADES BELOW GENERAL OFFICER. 
(a) INCREASED STRENGTHS FOR FIELD GRADE AND 
COMPANY GRADE OFFICERS.—Section 12005(c)(1), of title
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10, United States Code, is amended by amending the table 
to read as follows: 
‘‘Colonel ...........................................................................................
2 percent
‘‘Lieutenant colonel ........................................................................
8 percent
‘‘Major .............................................................................................
16 percent
‘‘Captain .........................................................................................
39 percent
‘‘First lieutenant and second lieutenant (when combined with 
the number authorized for general officer grades under sec-
tion 12004 of this title) ..............................................................
35 percent.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2004. 
Subtitle C—Authorizations of 
Appropriations 
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel for fiscal year 
2005 a total of $104,535,458,000. 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.
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TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Joint Officer Personnel 
Management 
SEC. 501. MODIFICATION OF CONDITIONS OF ELIGIBILITY 
FOR WAIVER OF JOINT DUTY CREDIT RE-
QUIREMENT FOR PROMOTION TO GENERAL 
OR FLAG OFFICER. 
(a) CAREER FIELD SPECIALTIES WITH NO JOINT RE-
QUIREMENTS.—Paragraph (2) of section 619a(b) of title 10, 
United States Code, is amended by striking ‘‘scientific and 
technical qualifications’’ and inserting ‘‘career field spe-
cialty qualifications’’. 
(b) OFFICERS SELECTED FOR PROMOTION WHILE IN 
JOINT DUTY ASSIGNMENT.—Paragraph (4) of such section 
is amended by striking ‘‘if—’’ and all that follows and in-
serting ‘‘if the officer’s total consecutive service in joint duty 
assignments meets the requirements of section 664 of this 
title for credit for having completed a full tour of duty in 
a joint duty assignment.’’. 
SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS. 
(a) EDUCATION AND EXPERIENCE REQUIREMENTS.— 
(1) Subsection (c) of section 661 of title 10, United States 
Code, is amended by striking paragraph (1) and inserting 
the following: ‘‘(1) An officer shall have the joint specialty
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(and shall be designated with a joint specialty officer iden-
tifier) upon— 
‘‘(A) successfully completing (in any sequence)— 
‘‘(i) a program accredited by Chairman of 
the Joint Chiefs of Staff that is presented by a 
joint professional military education institution; 
and 
‘‘(ii) a full tour of duty in a joint duty as-
signment; or 
‘‘(B) completing two full tours of duty in joint 
duty assignments.’’. 
(2) Subsection (c) of such section is further amended— 
(A) by striking paragraphs (2) and (3); and 
(B) by redesignating paragraph (4) as para-
graph (2). 
(b) DESIGNATION OF JOINT SPECIALTY GENERAL AND 
FLAG OFFICER POSITIONS.—Section 661 of such title is 
further amended— 
(1) by redesignating subsection (f) as subsection 
(g); and 
(2) by inserting after subsection (e) the following 
new subsection (f): 
‘‘(f) JOINT SPECIALTY OFFICER DESIGNATION FOR 
GENERAL AND FLAG POSITIONS.—(1) The Secretary of De-
fense shall ensure that the general and flag officer positions
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required to be filled by officers with the joint specialty as 
joint duty assignments are designated as such. 
‘‘(2) An officer without the joint specialty may be as-
signed to a position designated under paragraph (1) only 
if the Secretary of Defense determines that the assignment 
of that officer to such position is necessary and waives the 
requirement to assign an officer with the joint specialty to 
that position.’’. 
SEC. 503. REVISED PROMOTION POLICY OBJECTIVES FOR 
JOINT OFFICERS. 
(a) QUALIFICATIONS.—Subsection (a) of section 662 of 
title 10, United States Code, is amended to read as follows: 
‘‘(a) QUALIFICATIONS.—(1) The Secretary of a mili-
tary department shall prescribe for the officers in each of 
the armed forces under the jurisdiction of such Secretary 
policies and procedures to ensure that an adequate number 
of senior colonels, or in the case of the Navy, senior cap-
tains, who are serving in or have served in joint duty as-
signments meet the requirements of section 619a of this title 
for eligibility for promotion to brigadier general and rear 
admiral (lower half). 
‘‘(2) The Secretary of Defense shall ensure that the 
qualifications of officers assigned to joint duty assignments 
are such that—
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‘‘(A) officers who are serving on or have served 
on the Joint Staff are expected, as a group, to be pro-
moted to the next higher grade at a rate not less than 
the rate for officers of the same armed force in the 
same grade and competitive category who are serving 
on the headquarters staff of their armed force; and 
‘‘(B) officers who are serving in or have served 
in joint duty assignments are expected, as a group, 
to be promoted to the next higher grade at a rate not 
less than the rate for all officers of the same armed 
force in the same grade and competitive category. 
‘‘(3) The Secretary of Defense shall prescribe policies 
to ensure that the Secretaries of the military departments 
provide for promotion selection boards to give appropriate 
consideration to officers who are serving in or have served 
in joint duty assignments and are eligible for consideration 
by such boards.’’. 
(b) CONFORMING AMENDMENT.—Subsection (b) of such 
section is amended by striking ‘‘paragraphs (1), (2), and 
(3) of subsection (a)’’ and inserting ‘‘subparagraphs (A) 
and (B) of subsection (a)(2)’’. 
SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS. 
Section 664 of title 10, United States Code, is amended 
by striking subsection (b) and all that follows and inserting 
the following new subsections:
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‘‘(b) FULL CREDIT FOR JOINT DUTY.—An officer shall 
be credited with having completed a full tour of duty in 
a joint duty assignment upon the completion of any of the 
following: 
‘‘(1) Service in a joint duty assignment that 
meets the standards of subsection (a). 
‘‘(2) Service in a joint duty assignment for a pe-
riod that equals or exceeds the standard length of the 
joint duty assignments that is prescribed under sub-
section (c) for the installation or other location of the 
officer’s joint duty assignment. 
‘‘(3) Cumulative service of at least one year on 
one or more headquarters staffs within a United 
States or multinational joint task force. 
‘‘(4) Service in a second joint duty assignment 
for not less than 24 months, without regard to how 
much of the officer’s service in the first joint duty as-
signment has been credited as service in a joint duty 
assignment. 
‘‘(5) Any service in a joint duty assignment if 
the Secretary of Defense has granted a waiver for 
such officer under subsection (d). 
‘‘(c) STANDARD LENGTH
OF JOINT DUTY ASSIGN-
MENTS.—The Secretary of Defense shall prescribe in regula-
tions, for each installation and other location authorized
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joint duty assignment positions, the standard length of the 
joint duty assignments in such positions at that installa-
tion or other location, as the case may be. 
‘‘(d) WAIVER AUTHORITY.—The Secretary of Defense 
may waive the applicability of this section in the case of 
any particular officer if the Secretary determines that it 
is in the national security interests of the United States 
to do so.’’. 
SEC. 505. REPEAL OF MINIMUM PERIOD REQUIREMENT FOR 
PHASE II JOINT PROFESSIONAL MILITARY 
EDUCATION. 
Section 663 of title 10, United States Code, is amended 
by striking subsection (e). 
SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT 
DUTY. 
(a) JOINT DUTY ASSIGNMENT.—Subsection (b)(2) of 
section 668 of title 10, United States Code, is amended by 
striking ‘‘a list’’ in the matter preceding subparagraph (A) 
and inserting ‘‘a joint duty assignment list’’. 
(b) TOUR OF DUTY.—Subsection (c) of such section is 
amended to read as follows: 
‘‘(c) TOUR OF DUTY.—In this chapter, the term ‘tour 
of duty’ includes two or more consecutive tours of duty in 
joint duty assignment positions that is credited as service 
in a joint duty assignment under this chapter.’’.
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Subtitle B—Other Officer Personnel 
Policy 
SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER 
FORCE TO A FORCE OF ALL REGULAR OFFI-
CERS. 
(a) ORIGINAL APPOINTMENTS AS COMMISSIONED OF-
FICERS.—(1) Section 532 of title 10, United States Code, 
is amended by striking subsection (e). 
(2) Subsection (a)(2) of such section is amended by 
striking ‘‘fifty-fifth birthday’’ and inserting ‘‘sixty-second 
birthday’’. 
(3)(A) Such section 532, as amended by paragraph 
(1), is further amended by adding at the end the following 
new subsection (e): 
‘‘(e) For an original appointment in a grade below 
major or, in the case of the Navy, a grade below lieutenant 
commander under subsection (a), the Secretary of Defense 
may waive the applicability of the requirement of sub-
section (a)(1) to an alien lawfully admitted to permanent 
residence in the United States when the Secretary deter-
mines that it is the national security interests of the United 
States to do so.’’. 
(B) Section 619(d) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
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‘‘(5) An officer in the grade of captain or, in the 
case of the Navy, lieutenant who is not a citizen of 
the United States.’’. 
(4) Section 531(a) of such title is amended to read as 
follows: 
‘‘(a)(1) Original appointments in the grades of second 
lieutenant through captain in the Regular Army, Regular 
Air Force, and Regular Marine Corps and in the grades 
of ensign through lieutenant in the Regular Navy shall be 
made by the President. The President may delegate to the 
Secretary of Defense authority to make such appointments. 
‘‘(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.’’. 
(b) REPEAL OF TOTAL STRENGTH LIMITATION FOR 
ACTIVE DUTY REGULAR COMMISSIONED OFFICERS.—(1) 
Section 522 of title 10, United States Code, is repealed. 
(2) The table of sections at the beginning of chapter 
32 of such title is amended by striking the item relating 
to section 522.
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(c) FORCE SHAPING AUTHORITY.—(1)(A) Subchapter 
V of chapter 36 of such title is amended by adding at the 
end the following new section: 
‘‘§ 647. Force shaping authority 
‘‘(a) AUTHORITY.—The Secretary concerned may, sole-
ly for the purpose of restructuring an armed force under 
the jurisdiction of that Secretary— 
‘‘(1) discharge an officer described in subsection 
(b); or 
‘‘(2) transfer such an officer from the active-duty 
list of that armed force to the reserve active-status list 
of a reserve component of that armed force. 
‘‘(b) COVERED OFFICERS.—(1) The authority under 
this section may be exercised in the case of an officer who— 
‘‘(A) has completed not more than 5 years of 
service as a commissioned officer in the armed forces; 
or 
‘‘(B) has completed more than 5 years of service 
as a commissioned officer in the armed forces, but has 
not completed a minimum service obligation applica-
ble to that member. 
‘‘(2) In this subsection, the term ‘minimum service ob-
ligation’ means the initial period of required active duty 
service together with any additional period of required ac-
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tive duty service incurred during the initial period of re-
quired active duty service. 
‘‘(c) APPOINTMENT OF TRANSFERRED OFFICERS.—An 
officer of the Regular Army, Regular Air Force, Regular 
Navy, or Regular Marine Corps who is transferred to a re-
serve active-status list under this section shall be discharged 
from the regular component concerned and appointed as a 
reserve commissioned officer under section 12203 of this 
title. 
‘‘(d) REGULATIONS.—The Secretary concerned shall 
prescribe regulations for the exercise of the Secretary’s au-
thority under this section.’’. 
(B) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following new 
item: 
‘‘647. Force shaping authority.’’. 
(2) Section 1174(e)(2)(B) of such title is amended by 
inserting after ‘‘obligated service’’ the following: ‘‘, unless 
the member is an officer discharged or released under the 
authority of section 647 of this title’’. 
(3) Section 12201(a) of such title is amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(B) in the first sentence, by inserting ‘‘, except 
as provided in paragraph (2),’’ after ‘‘the armed force 
concerned and’’; and
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(C) by adding at the end the following new para-
graph: 
‘‘(2) An officer transferred from the active-duty list of 
an armed force to a reserve active-status list of an armed 
force under section 647 of this title is not required to sub-
scribe to the oath referred to in paragraph (1) in order to 
qualify for an appointment under that paragraph.’’. 
(4) Section 12203 of such title is amended— 
(A) by redesignating subsection (b) as subsection 
(c); and 
(B) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b) Subject to the authority, direction, and control of 
the President, the Secretary concerned may appoint as a 
reserve commissioned officer any regular officer transferred 
from the active-duty list of an armed force to the reserve 
active-status list of a reserve component under section 647 
of this title, notwithstanding the requirements of subsection 
(a).’’. 
(5) Section 531 of such title is amended by adding at 
the end the following new subsection: 
‘‘(c) Subject to the authority, direction, and control of 
the President, an original appointment as a commissioned 
officer in the Regular Army, Regular Air Force, Regular 
Navy, or Regular Marine Corps may be made by the Sec-
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retary concerned in the case of a reserve commissioned offi-
cer upon the transfer of such officer from the reserve active- 
status list of a reserve component of the armed forces to 
the active-duty list of an armed force, notwithstanding the 
requirements of subsection (a).’’. 
(d) ACTIVE-DUTY READY RESERVE OFFICERS NOT ON 
ACTIVE-DUTY LIST.—Section 641(1)(F) of such title is 
amended by striking ‘‘section 12304’’ and inserting ‘‘sec-
tions 12302 and 12304’’. 
(e) ALL REGULAR OFFICER APPOINTMENTS FOR STU-
DENTS
ATTENDING
THE
UNIVERSITY
OF
HEALTH 
SCIENCES.—Section 2114(b) of such title is amended by 
striking ‘‘Notwithstanding any other provision of law, they 
shall serve’’ and all that follows through ‘‘if qualified,’’ and 
inserting ‘‘Notwithstanding any other provision of law, 
they shall be appointed as regular officers in the grade of 
O–1 and shall serve on active duty in that grade. Upon 
graduation they shall be required to serve on active duty’’. 
(f) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect 180 days after 
the date of the enactment of this Act.
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SEC. 512. ELIGIBILITY OF NAVY STAFF CORPS OFFICERS TO 
SERVE AS DEPUTY CHIEFS OF NAVAL OPER-
ATIONS AND ASSISTANT CHIEFS OF NAVAL 
OPERATIONS. 
(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. 513. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
JOINT DUTY EXPERIENCE AS ELIGIBILITY RE-
QUIREMENT FOR APPOINTMENT OF CHIEFS 
OF RESERVE COMPONENTS. 
Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), and 
8038(b)(4) of title 10, United States Code, are amended by 
striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 
2005’’. 
SEC. 514. LIMITATION ON NUMBER OF OFFICERS FROCKED 
TO MAJOR GENERAL AND REAR ADMIRAL 
(UPPER HALF). 
Section 777(d) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; and
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(2) by striking ‘‘(d) LIMITATION ON NUMBER OF 
OFFICERS FROCKED TO SPECIFIED GRADES.—’’ and 
inserting the following: 
‘‘(d) LIMITATION ON NUMBER OF OFFICERS FROCKED 
TO SPECIFIED GRADES.—(1) The total number of brigadier 
generals and Navy rear admirals (lower half) on the active- 
duty list who are authorized as described in subsection (a) 
to wear the insignia for the grade of major general or rear 
admiral (upper half), as the case may be, may not exceed 
30.’’. 
SEC. 515. STUDY REGARDING PROMOTION ELIGIBILITY OF 
RETIRED WARRANT OFFICERS RECALLED TO 
ACTIVE DUTY. 
(a) REQUIREMENT FOR STUDY.—The Secretary of De-
fense shall carry out a study to determine whether it would 
be equitable for retired warrant officers on active duty, but 
not on the active-duty list by reason of section 582(2) of 
title 10, United States Code, to be eligible for consideration 
for promotion under section 573 of such title. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report on the results of the study under 
subsection (a). The report shall include a discussion of the 
Secretary’s determination regarding the issue covered by the 
study, the rationale for the Secretary’s determination, and
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any recommended legislation that the Secretary considers 
appropriate regarding that issue. 
Subtitle C—Reserve Component 
Personnel Policy 
SEC. 521. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR 
TRAINING FROM AUTHORITY TO ORDER RE-
SERVES TO ACTIVE DUTY. 
(a) GENERAL AUTHORITY TO ORDER RESERVES TO 
ACTIVE DUTY.—Section 12301 of title 10, United States 
Code, is amended— 
(1) in the first sentence of subsection (a), by 
striking ‘‘(other than for training)’’; 
(2) in subsection (c)— 
(A) by striking ‘‘(other than for training)’’ 
and inserting ‘‘as described in subsection (a)’’ in 
the first sentence; and 
(B) by striking ‘‘(other than for training)’’ 
in the second sentence; and 
(3) in subsection (e), by striking ‘‘(other than for 
training)’’ and inserting ‘‘as described in subsection 
(a)’’. 
(b) READY RESERVE 24-MONTH CALLUP AUTHOR-
ITY.—Section 12302 of such title is amended by striking 
‘‘(other than for training)’’ in subsections (a) and (c).
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(c) SELECTED RESERVE AND INDIVIDUAL READY RE-
SERVE 270-DAY CALLUP AUTHORITY.—Section 12304(a) of 
such title is amended by striking ‘‘(other than for train-
ing)’’. 
(d) STANDBY RESERVE CALLUP AUTHORITY.—Section 
12306 of such title is amended— 
(1) in subsection (a), by striking ‘‘active duty 
(other than for training) only as provided in section 
12301 of this title’’ and inserting ‘‘active duty only 
as provided in section 12301 of this title, but subject 
to the limitations in subsection (b)’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘(other 
than for training)’’ and inserting ‘‘under section 
12301(a) of this title’’; and 
(B) in paragraph (2), by striking ‘‘no other 
member’’ and all that follows through ‘‘without 
his consent’’ and inserting ‘‘notwithstanding sec-
tion 12301(a) of this title, no other member in 
the Standby Reserve may be ordered to active 
duty as an individual under such section with-
out his consent’’.
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SEC. 522. EXCEPTION TO MANDATORY RETENTION OF RE-
SERVES ON ACTIVE DUTY TO QUALIFY FOR 
RETIREMENT PAY. 
Section 12686(a) of title 10, United States Code, is 
amended by inserting ‘‘(other than retired pay for non-reg-
ular service under chapter 1223 of this title)’’ after ‘‘a pure-
ly military retirement system’’. 
Subtitle D—Education and 
Training 
SEC. 531. ONE-YEAR EXTENSION OF ARMY COLLEGE FIRST 
PILOT PROGRAM. 
Section 573(h) of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 
513 note), is amended by striking ‘‘September 30, 2004’’ 
and inserting ‘‘December 31, 2005’’. 
SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAM-
PUS. 
Subsection (b)(1) of section 983 of title 10, United 
States Code, is amended— 
(1) by striking ‘‘entry to campuses’’ and insert-
ing ‘‘access to campuses’’; and 
(2) by inserting before the semicolon at the end 
the following: ‘‘in a manner that is at least equal in 
quality and scope to the degree of access to campuses 
and to students that is provided to any other em-
ployer’’.
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SEC. 533. EXCLUSION FROM DENIAL OF FUNDS FOR PRE-
VENTING 
ROTC 
ACCESS 
TO 
CAMPUS 
OF 
AMOUNTS TO COVER INDIVIDUAL COSTS OF 
ATTENDANCE AT INSTITUTIONS OF HIGHER 
EDUCATION. 
(a) CODIFICATION AND EXTENSION OF EXCLUSION.— 
Subsection (d) of section 983 of title 10, United States Code, 
is amended— 
(1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting 
‘‘Except as provided in paragraph (3), the’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(3) Any Federal funding specified in paragraph (1) 
that is provided to an institution of higher education, or 
to an individual, to be available solely for student financial 
assistance, related administrative costs, or costs associated 
with attendance, may be used for the purpose for which the 
funding is provided.’’. 
(b) CONFORMING AMENDMENTS.—Subsections (a) and 
(b) of such section are amended by striking ‘‘(including a 
grant of funds to be available for student aid)’’. 
(c) CONFORMING REPEAL OF CODIFIED PROVISION.— 
Section 8120 of the Department of Defense Appropriations 
Act, 2000 (Public Law 106–79; 10 U.S.C. 983 note), is re-
pealed.
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SEC. 534. TRANSFER OF AUTHORITY TO CONFER DEGREES 
UPON GRADUATES OF THE COMMUNITY COL-
LEGE OF THE AIR FORCE. 
(a) AUTHORITY OF AIR UNIVERSITY COMMANDER.— 
Subsection (a) of section 9317 of title 10, United States 
Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and 
(3) 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 who fulfill 
the requirements for that degree.’’. 
(b) TERMINATION
OF
EXISTING
AUTHORITY.—(1) 
Paragraph (1) of section 9315(c) of such title is amended 
by striking ‘‘the commander’’ and all that follows through 
‘‘at the level of associate’’ and inserting ‘‘an academic de-
gree at the level of associate may be conferred under section 
9317 of this title’’. 
(2) Paragraph (2) of such section is amended by strik-
ing ‘‘Air Education and Training Command of the Air 
Force’’ and inserting ‘‘Air University’’. 
(c) CONFORMING AND CLERICAL AMENDMENTS.—(1) 
The heading of section 9317 of title 10, United States Code,
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is amended by striking ‘‘graduate-level degrees’’ and 
inserting ‘‘conferral of degrees’’. 
(2) The item relating to such section in the table of 
sections at the beginning of chapter 901 of such title is 
amended to read as follows: 
‘‘9317. Air University: conferral of degrees.’’. 
SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RE-
TIRE UPON TERMINATION OF SERVICE AS SU-
PERINTENDENT OF THE AIR FORCE ACAD-
EMY. 
(a) REPEALS.—Sections 8921 and 9333a of title 10, 
United States Code, are repealed. 
(b) CLERICAL AMENDMENTS.—Subtitle D of title 10, 
United States Code, is amended— 
(1) in the table of sections at the beginning of 
chapter 867, by striking the item relating to section 
8921; and 
(2) in the table of sections at the beginning of 
chapter 903, by striking the item relating to section 
9333a.
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Subtitle E—Decorations, Awards, 
and Commendations 
SEC. 541. AWARD OF MEDAL OF HONOR TO INDIVIDUAL IN-
TERRED IN THE TOMB OF THE UNKNOWNS AS 
REPRESENTATIVE OF CASUALTIES OF A WAR. 
(a) AWARD TO INDIVIDUAL AS REPRESENTATIVE.— 
Chapter 57 of title 10, United States Code, is amended by 
adding at the end the following new section: 
‘‘§ 1134. Medal of honor: award to individual interred 
in Tomb of the Unknowns as representa-
tive of casualties of a war 
‘‘The medal of honor awarded posthumously to a de-
ceased member of the armed forces who, as an unidentified 
casualty of a particular war or other armed conflict, is in-
terred in the Tomb of the Unknowns at Arlington National 
Cemetery, Virginia, is awarded to the member as the rep-
resentative of the members of the armed forces who died in 
such war or other armed conflict and whose remains have 
not been identified, and not to the individual personally.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘1134. Medal of honor: award to individual interred in Tomb of the Unknowns 
as representative of casualties of a war.’’.
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SEC. 542. SEPARATE CAMPAIGN MEDALS FOR OPERATION 
ENDURING FREEDOM AND FOR OPERATION 
IRAQI FREEDOM. 
(a) REQUIREMENT.—The President shall establish a 
campaign medal specifically to recognize service by mem-
bers of the uniformed services in Operation Enduring Free-
dom and a separate campaign medal specifically to recog-
nize service by members of the uniformed services in Oper-
ation Iraqi Freedom. 
(b) ELIGIBILITY.—Subject to such limitations as may 
be prescribed by the President, eligibility for a campaign 
medal established pursuant to subsection (a) shall be set 
forth in regulations to be prescribed by the Secretary con-
cerned (as defined in section 101 of title 10, United States 
Code). In the case of regulations prescribed by the Secre-
taries of the military departments, the regulations shall be 
subject to approval by the Secretary of Defense and shall 
be uniform throughout the Department of Defense. 
SEC. 543. PLAN FOR REVISED CRITERIA AND ELIGIBILITY 
REQUIREMENTS FOR AWARD OF COMBAT IN-
FANTRYMAN BADGE AND COMBAT MEDICAL 
BADGE FOR SERVICE IN KOREA AFTER JULY 
28, 1953. 
(a) REQUIREMENT FOR PLAN.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of the Army shall submit to the Committees on Armed Serv-
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ices of the Senate and the House of Representatives a plan 
for revising the Army’s criteria and eligibility requirements 
for award of the Combat Infantryman Badge and the Com-
bat Medical Badge for service in the Republic of Korea after 
July 28, 1953, to fulfill the purpose stated in subsection 
(b). 
(b) PURPOSE OF REVISED CRITERIA AND ELIGIBILITY 
REQUIREMENTS.—The purpose for revising the criteria and 
eligibility requirements for award of the Combat Infantry-
man Badge and the Combat Medical Badge for service in 
the Republic of Korea after July 28, 1953, is to ensure fair-
ness in the standards applied to Army personnel in the 
awarding of such badges for Army service in the Republic 
of Korea in comparison to the standards applied to Army 
personnel in the awarding of such badges for Army service 
in other areas of operations. 
Subtitle F—Military Justice 
SEC. 551. REDUCED BLOOD ALCOHOL CONTENT LIMIT FOR 
OFFENSE OF DRUNKEN OPERATION OF A VE-
HICLE, AIRCRAFT, OR VESSEL. 
Section 911(b)(3) of title 10, United States Code (arti-
cle 111(b)(3) of the Uniform Code of Military Justice), is 
amended by striking ‘‘0.10 grams’’ in both places it appears 
and inserting ‘‘0.08 grams’’.
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SEC. 552. WAIVER OF RECOUPMENT OF TIME LOST FOR 
CONFINEMENT 
IN 
CONNECTION 
WITH 
A 
TRIAL. 
Section 972 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(c) WAIVER OF RECOUPMENT OF TIME LOST FOR 
CONFINEMENT.—The Secretary concerned shall waive li-
ability for a period of confinement in connection with a 
trial under subsection (a)(3), or exclusion of a period of 
confinement in connection with a trial under subsection 
(b)(3), in a case upon the occurrence of any of the following 
events: 
‘‘(1) For each charge— 
‘‘(A) the charge is dismissed before or dur-
ing trial in a final disposition of the charge; or 
‘‘(B) the trial results in an acquittal of the 
charge. 
‘‘(2) For each charge resulting in a conviction in 
such trial— 
‘‘(A) the conviction is set aside in a final 
disposition of such charge, other than in a grant 
of clemency; or 
‘‘(B) a judgment of acquittal or a dismissal 
is entered upon a reversal of the conviction on 
appeal.’’.
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SEC. 553. DEPARTMENT OF DEFENSE POLICY AND PROCE-
DURES ON PREVENTION AND RESPONSE TO 
SEXUAL ASSAULTS INVOLVING MEMBERS OF 
THE ARMED FORCES. 
(a) COMPREHENSIVE POLICY ON PREVENTION AND RE-
SPONSE TO SEXUAL ASSAULTS.—(1) Not later than Janu-
ary 1, 2005, the Secretary of Defense shall develop a com-
prehensive policy for the Department of Defense on the pre-
vention of and response to sexual assaults involving mem-
bers of the Armed Forces. 
(2) The policy shall be based on the recommendations 
of the Department of Defense Task Force on Care for Vic-
tims of Sexual Assaults and on such other matters as the 
Secretary considers appropriate. 
(b) ELEMENTS OF COMPREHENSIVE POLICY.—The pol-
icy developed under subsection (a) shall address the fol-
lowing matters: 
(1) Prevention measures. 
(2) Education and training on prevention and 
response. 
(3) Investigation of complaints by command and 
law enforcement personnel. 
(4) Medical treatment of victims. 
(5) Confidential reporting of incidents. 
(6) Victim advocacy and intervention.
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(7) Oversight by commanders of administrative 
and disciplinary actions in response to substantiated 
incidents of sexual assault. 
(8) Disposition of victims of sexual assault, in-
cluding review by appropriate authority of adminis-
trative separation actions involving victims of sexual 
assault. 
(9) Disposition of members of the Armed Forces 
accused of sexual assault. 
(10) Liaison and collaboration with civilian 
agencies on the provision of services to victims of sex-
ual assault. 
(11) Uniform collection of data on the incidence 
of sexual assaults and on disciplinary actions taken 
in substantiated cases of sexual assault. 
(c) REPORT ON IMPROVEMENT OF CAPABILITY TO RE-
SPOND TO SEXUAL ASSAULTS.—Not later than March 1, 
2005, the Secretary of Defense shall submit to Congress a 
proposal for such legislation as the Secretary considers nec-
essary to enhance the capability of the Department of De-
fense to address matters relating to sexual assaults involv-
ing members of the Armed Forces. 
(d) APPLICATION
OF COMPREHENSIVE POLICY TO 
MILITARY DEPARTMENTS.—The Secretary shall ensure 
that, to the maximum extent practicable, the policy devel-
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oped under subsection (a) is implemented uniformly by the 
military departments. 
(e) POLICIES AND PROCEDURES OF MILITARY DE-
PARTMENTS.—(1) Not later than March 1, 2005, the Secre-
taries of the military departments shall prescribe regula-
tions, or modify current regulations, on the policies and 
procedures of the military departments on the prevention 
of and response to sexual assaults involving members of the 
Armed Forces in order— 
(A) to conform such policies and procedures to 
the policy developed under subsection (a); and 
(B) to ensure that such policies and procedures 
include the elements specified in paragraph (2). 
(2) The elements specified in this paragraph are as 
follows: 
(A) A program to promote awareness of the inci-
dence of sexual assaults involving members of the 
Armed Forces. 
(B) A program to provide victim advocacy and 
intervention for members of the Armed Force con-
cerned who are victims of sexual assault, which pro-
gram shall make available, at home stations and in 
deployed locations, trained advocates who are readily 
available to intervene on behalf of such victims.
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(C) Procedures for members of the Armed Force 
concerned to follow in the case of an incident of sex-
ual assault involving a member of such Armed Force, 
including— 
(i) specification of the person or persons to 
whom the alleged offense should be reported; 
(ii) specification of any other person whom 
the victim should contact; 
(iii) procedures for the preservation of evi-
dence; and 
(iv) procedures for confidential reporting 
and for contacting victim advocates. 
(D) Procedures for disciplinary action in cases 
of sexual assault by members of the Armed Force con-
cerned. 
(E) Other sanctions authorized to be imposed in 
substantiated cases of sexual assault, whether forcible 
or nonforcible, by members of the Armed Force con-
cerned. 
(F) Training on the policies and procedures for 
all members of the Armed Force concerned, including 
specific training for members of the Armed Force con-
cerned who process allegations of sexual assault 
against members of such Armed Force.
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(G) Any other matters that the Secretary of De-
fense considers appropriate. 
(f) ANNUAL ASSESSMENT OF POLICIES AND PROCE-
DURES.—Not later than January 15, 2006, and each year 
thereafter, each Secretary of a military department shall 
conduct an assessment of the implementation during the 
preceding fiscal year of the policies and procedures of such 
department on the prevention of and response to sexual as-
saults involving members of the Armed Forces in order to 
determine the effectiveness of such policies and procedures 
during such fiscal year in providing an appropriate re-
sponse to such sexual assaults. 
(g) ANNUAL REPORTS.—(1) Not later than April 1, 
2005, and January 15 of each year thereafter, each Sec-
retary of a military department shall submit to the Sec-
retary of Defense a report on the sexual assaults involving 
members of the Armed Force concerned during the preceding 
year. 
(2) Each report on an Armed Force under paragraph 
(1) shall contain the following: 
(A) The number of sexual assaults against mem-
bers of the Armed Force, and the number of sexual as-
saults by members of the Armed Force, that were re-
ported to military officials during the year covered by
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such report, and the number of the cases so reported 
cases that were substantiated. 
(B) A synopsis of and the disciplinary action 
taken in each substantiated case. 
(C) The policies, procedures, and processes im-
plemented by the Secretary concerned during the year 
covered by such report in response to incidents of sex-
ual assault involving members of the Armed Force 
concerned. 
(D) A plan for the actions that are to be taken 
in the year following the year covered by such report 
on the prevention of and response to sexual assault 
involving members of the Armed Forces concerned. 
(3) Each report under paragraph (1) in 2006, 2007, 
and 2008 shall also include the assessment conducted by the 
Secretary concerned under subsection (f). 
(4) The Secretary of Defense shall transmit to the Com-
mittees on Armed Services of the Senate and the House of 
Representatives each report submitted to the Secretary 
under this subsection, together with the comments of the 
Secretary on each such report. The Secretary shall transmit 
the report on 2004 not later than May 1, 2005, and shall 
transmit the report on any year after 2004 not later than 
March 15 of the year following such year.
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(h) SEXUAL ASSAULT DEFINED.—In this section, the 
term ‘‘sexual assault’’ includes rape, acquaintance rape, 
sexual assault, and other criminal sexual offenses. 
Subtitle 
G—Scope 
of 
Duties 
of 
Ready Reserve Personnel in In-
active Duty Status 
SEC. 561. REDESIGNATION OF INACTIVE-DUTY TRAINING TO 
ENCOMPASS OPERATIONAL AND OTHER DU-
TIES PERFORMED BY RESERVES WHILE IN IN-
ACTIVE DUTY STATUS. 
(a) REDESIGNATION OF DUTY STATUS.—(1) The duty 
status applicable to members of the reserve components of 
the Armed Forces that is known as ‘‘inactive-duty training’’ 
is redesignated as ‘‘inactive duty’’. 
(2) Any reference that is made in any law, regulation, 
document, paper, or other record of the United States to 
inactive-duty training, as such term applies to members of 
the reserve components of the Armed Forces, shall be deemed 
to be a reference to inactive duty. 
(b) TITLE 10 CONFORMING AND CLERICAL AMEND-
MENTS.—(1) The following provisions of title 10, United 
States Code, are amended by striking ‘‘inactive-duty train-
ing’’ each place it appears and inserting ‘‘inactive duty’’: 
sections 101(d)(7), 802(a)(3), 802(d)(2)(B), 802(d)(5)(B), 
803(d), 936(a), 936(b), 976(a)(1)(C), 1061(b), 1074a(a),
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1076(a)(2)(B), 
1076(a)(2)(C), 
1204(2), 
1448(f)(1)(B), 
1476(a)(1)(B), 
1476(a)(2)(A), 
1481(a)(2), 
9446(a)(3), 
12602(a)(3), 12602(b)(3), and 18505(a). 
(2) The following provisions of such title are amended 
by striking ‘‘inactive duty training’’ each place it appears 
and inserting ‘‘inactive duty’’: sections 1086(c)(2)(B), 
1175(e)(2), 
1475(a)(2), 
1475(a)(3), 
2031(d)(2), 
and 
10204(b). 
(3) Section 1206(2) of such title is amended by striking 
‘‘in line of duty—’’ and all that follows through ‘‘residence; 
or’’ and inserting the following: ‘‘in line of duty while— 
‘‘(A) performing active duty or inactive 
duty; 
‘‘(B) traveling directly to or from the place 
at which such duty is performed; or 
‘‘(C) remaining overnight immediately be-
fore the commencement of inactive duty, or while 
remaining overnight between successive periods 
of inactive-duty training, at or in the vicinity of 
the site of the inactive duty, if the site is outside 
reasonable commuting distance of the member’s 
residence;’’. 
(4) Section 1471(b)(3)(A) of such title is amended by 
striking ‘‘for training’’ in clauses (ii) and (iii). 
(5) Section 1478(a) of such title is amended—
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(A) in paragraph (3)— 
(i) by striking ‘‘from inactive duty train-
ing’’ and inserting ‘‘from the location of inactive 
duty’’; and 
(ii) by striking ‘‘on inactive duty training’’ 
and inserting ‘‘on inactive duty’’; 
(B) in paragraph (7)— 
(i) by striking ‘‘inactive duty training’’ and 
inserting ‘‘inactive duty’’; and 
(ii) by striking ‘‘or training’’; and 
(C) in paragraph (8), by striking ‘‘inactive duty 
training’’ both places it appears and inserting ‘‘inac-
tive duty’’. 
(6) Section 12317 of such title is amended by striking 
‘‘, or to participate in inactive duty training,’’ and insert-
ing ‘‘inactive duty’’. 
(7) Section 12319(c) of such title is amended— 
(A) by striking ‘‘inactive-duty training’’ both 
places it appears and inserting ‘‘inactive duty’’; and 
(B) by striking ‘‘that training)’’ and inserting 
‘‘that duty)’’. 
(8) Section 12603(a) of such title is amended— 
(A) by striking ‘‘inactive duty training’’ and in-
serting ‘‘inactive duty’’; and
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(B) by striking ‘‘the training’’ and inserting 
‘‘such duty’’. 
(9) Section 12604(a) of such title is amended by strik-
ing ‘‘to inactive-duty training’’ and inserting ‘‘to perform 
inactive duty’’. 
(10)(A) The headings for sections 1204, 1206, 12603, 
and 18505 of such title are amended by striking ‘‘inac-
tive-duty training’’ and inserting ‘‘inactive duty’’. 
(B) The heading for section 1475 of such title is 
amended by striking ‘‘training’’. 
(C) The heading for section 1476 of such title is 
amended by striking ‘‘or training’’. 
(D) The heading for section 12604 of such title is 
amended by striking ‘‘attending inactive-duty 
training’’ and inserting ‘‘performing inactive 
duty’’. 
(11)(A) The table of sections at the beginning of chap-
ter 61 of such title is amended— 
(i) by striking the item relating to section 1204 
and inserting the following: 
‘‘1204. Members on active duty for 30 days or less or on inactive duty: retire-
ment.’’; 
and 
(ii) by striking the item relating to section 1206 
and inserting the following: 
‘‘1206. Members on active duty for 30 days or less or on inactive duty: separa-
tion.’’.
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(B) The table of sections at the beginning of subchapter 
II of chapter 75 of such title is amended by striking the 
items relating to sections 1475 and 1476 and inserting the 
following: 
‘‘1475. Death gratuity: death of members on active duty or inactive duty and of 
certain other persons. 
‘‘1476. Death gratuity: death after discharge or release from duty.’’. 
(C) The table of sections at the beginning of chapter 
1217 of such title is amended by striking the items relating 
to sections 12603 and 12604 and inserting the following: 
‘‘12603. Attendance of inactive duty assemblies: commercial travel at Federal sup-
ply schedule rates. 
‘‘12604. Billeting in Department of Defense facilities: Reserves performing inac-
tive duty.’’. 
(D) The item relating to section 18505 in the table 
of sections at the beginning of chapter 1805 of such title 
is amended to read as follows: 
‘‘18505. Reserves traveling for inactive duty: space-required travel on military 
aircraft.’’. 
(c) TITLE 14 CONFORMING AMENDMENT.—Sections 
704 and 705(a) of title 14, United States Code, are amended 
by striking ‘‘inactive-duty training’’ and inserting ‘‘inac-
tive duty’’. 
(d) TITLE 37 CONFORMING AND CLERICAL AMEND-
MENTS.—(1) Sections 101(22), 205(e)(2)(A), and 433(d) of 
title 37, United States Code, are amended by striking ‘‘in-
active-duty training’’ each place it appears and inserting 
‘‘inactive duty’’. 
(2) Section 204 of such title is amended—
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(A) in subsection (g)(1)— 
(i) in subparagraphs (B) and (D), by strik-
ing ‘‘inactive-duty training’’ each place it ap-
pears and inserting ‘‘inactive duty’’ and 
(ii) in subparagraph (C), by striking ‘‘or 
training’’; and 
(B) in subsection (h)(1)— 
(i) in subparagraphs (B) and (D), by strik-
ing ‘‘inactive-duty training’’ each place it ap-
pears and inserting ‘‘inactive duty’’; and 
(ii) in subparagraph (C), by striking ‘‘or 
training’’; and 
(3) Section 206 of such title is amended— 
(A) in subsection (a)(3)— 
(i) by striking clause (ii) of subparagraph 
(A) and inserting the following: 
‘‘(ii) inactive duty;’’; 
(ii) in subparagraph (B), by striking ‘‘or 
training’’; and 
(iii) in subparagraph (C), by striking ‘‘in-
active-duty training’’ each place it appears and 
inserting ‘‘inactive duty’’; and 
(B) in subsection (b)(1), by inserting ‘‘or duty’’ 
after ‘‘kind of training’’.
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(4) Section 308d(a) of such title is amended by strik-
ing ‘‘for training’’. 
(5) Section 415 of such title is amended— 
(A) in subsection (a)(3), by striking ‘‘inactive- 
duty training’’ and inserting ‘‘inactive duty’’; and 
(B) in subsection (c)(1), by striking ‘‘on inactive 
duty training status’’ and inserting ‘‘inactive duty’’. 
(6) Section 552 of such title is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘performing inactive-duty 
training,’’ in the matter preceding paragraph 
(1), and inserting ‘‘inactive duty,’’; and 
(ii) by striking ‘‘or inactive-duty training’’ 
in the second sentence and inserting ‘‘or inactive 
duty’’; and 
(B) in subsection (d), by striking ‘‘inactive-duty 
training’’ and inserting ‘‘on inactive duty’’. 
(7)(A) The heading for section 206 of such title is 
amended by striking ‘‘inactive-duty training’’ and 
inserting ‘‘inactive duty’’. 
(B) The item relating to such section in the table of 
sections at the beginning of chapter 3 of such title is amend-
ed to read as follows: 
‘‘206. Reserves; members of National Guard: inactive duty.’’.
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(8) The heading for subsection (c) of section 305b of 
such 
title 
is 
amended 
by 
striking 
‘‘DUTY 
TRAINING.—’’ and inserting ‘‘DUTY.—’’. 
(9) The heading for subsection (e) of section 320 of such 
title 
is 
amended 
by 
striking 
‘‘DUTY 
TRAINING.—’’ and inserting ‘‘DUTY.—’’. 
(e) PUBLIC LAW 108–136.—Section 644(c) of the Na-
tional Defense Authorization Act for Fiscal Year 2004 (Pub-
lic Law 108–136; 117 Stat. 1518) is amended by striking 
‘‘inactive-duty training’’ and inserting ‘‘inactive duty’’. 
SEC. 562. REPEAL OF UNNECESSARY DUTY STATUS DIS-
TINCTION FOR FUNERAL HONORS DUTY. 
(a) TITLE 10 DUTY.—(1) Section 12503 of title 10, 
United States Code, is repealed. 
(2) Section 12552 of such title is repealed. 
(b) TITLE 32 DUTY.—(1) Section 115 of title 32, 
United States Code, is repealed. 
(2) Section 114 of such title is amended by striking 
the second sentence. 
(c) TITLE 10 CONFORMING AND CLERICAL AMEND-
MENTS.—Title 10, United States Code, is amended as fol-
lows: 
(1) Section 1074a(a) is amended— 
(A) in paragraph (1)—
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(i) by inserting ‘‘or’’ at the end of sub-
paragraph (A); 
(ii) by striking ‘‘; or’’ at the end of 
subparagraph (B) and inserting a period; 
and 
(iii) by striking subparagraph (C); 
(B) in paragraph (2)— 
(i) by inserting ‘‘or’’ at the end of sub-
paragraph (A); 
(ii) by striking ‘‘; or’’ at the end of 
subparagraph (B) and inserting a period; 
and 
(iii) by striking subparagraph (C); 
and 
(C) by striking paragraph (4). 
(2) Section 1076(a)(2) is amended by striking 
subparagraph (E). 
(3) Section 1204(2) is amended— 
(A) by inserting ‘‘or’’ at the end of subpara-
graph (A)(iii); 
(B) by striking ‘‘or’’ at the end of subpara-
graph (B)(iii) and inserting a period; and 
(C) by striking subparagraph (C).
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(4) Section 1206(2) is amended by striking ‘‘(B) 
while the member—’’ and all that follows through 
‘‘immediately before so serving;’’. 
(5) Section 1481(a)(2) is amended— 
(A) by inserting ‘‘or’’ at the end of subpara-
graph (D); 
(B) by striking ‘‘; or’’ at the end of sub-
paragraph (E) and inserting a period; and 
(C) by striking subparagraph (F). 
(6) Section 12732(a)(2)(E) is amended by insert-
ing ‘‘(as such section 12503 or 115, respectively, was 
in effect before the date of the enactment of the Na-
tional Defense Authorization Act for Fiscal Year 
2005)’’ after ‘‘section 115 of title 32’’. 
(7)(A) The table of sections at the beginning of 
chapter 1213 is amended by striking the item relating 
to section 12503. 
(B) The table of sections at the beginning of 
chapter 1215 is amended by striking the item relating 
to 12552. 
(c) TITLE 32 CLERICAL AMENDMENT.—The table of 
sections at the beginning of chapter 1 of title 32, United 
States Code, is amended by striking the item relating to 
section 115.
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(d) TITLE 37 CONFORMING AMENDMENTS.—Section 
204 of title 37, United States Code, is amended— 
(1) in subsection (g)(1)— 
(A) by inserting ‘‘or’’ at the end of subpara-
graph (C); 
(B) by striking ‘‘; or’’ at the end of sub-
paragraph (D) and inserting a period; and 
(C) by striking subparagraph (E); and 
(2) in subsection (h)(1)— 
(A) by inserting ‘‘or’’ at the end of subpara-
graph (C); 
(B) by striking ‘‘; or’’ at the end of sub-
paragraph (D) and inserting a period; and 
(C) by striking subparagraph (E). 
SEC. 563. CONFORMING AMENDMENTS TO OTHER LAWS RE-
FERRING TO INACTIVE-DUTY TRAINING. 
(a) TITLE 5.—Section 6323(a)(1) of title 5, United 
States Code, is amended by striking ‘‘inactive-duty train-
ing’’ and inserting ‘‘inactive duty’’. 
(b) TITLE 38.—(1) The following provisions of title 38, 
United States Code, are amended by striking ‘‘inactive duty 
training’’ each place it appears and inserting ‘‘inactive 
duty’’: sections 106(d)(1), 1112(c)(3)(A)(ii), 1302(b)(2), 
1312(a)(2)(A), 1965(3), 1965(4), 1965(5), 1967(a)(1)(B),
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1967(b), 1969(a)(3), 1977(e), 2402(2), 4303(13), and 
4303(16). 
(2) Section 1968 of such title is amended— 
(A) by striking ‘‘inactive duty training’’ and in-
serting ‘‘inactive duty’’— 
(i) in subsection (a), in the matter pre-
ceding paragraph (1); 
(ii) in subsection (a)(3); and 
(iii) in subsection (b)(2); and 
(B) in subsection (a)(3)— 
(i) by striking ‘‘such scheduled training pe-
riod’’ and inserting ‘‘such period of scheduled 
duty’’; 
(ii) by striking ‘‘the date of such training’’ 
and inserting ‘‘the date on which such duty pe-
riod ends’’; and 
(iii) by striking ‘‘such training terminated’’ 
and inserting ‘‘on which such duty period ends’’. 
SEC. 564. CONFORMING AMENDMENTS TO OTHER LAWS RE-
FERRING TO FUNERAL HONORS DUTY. 
(a) TITLE 5.—Section 6323(a)(1) of title 5, United 
States Code, is amended by striking ‘‘funeral honors duty 
(as described in section 12503 of title 10 and section 115 
of title 32),’’.
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(b) TITLE 38.—Section 4303(13) of title 38, United 
States Code, is amended— 
(1) by inserting ‘‘and’’ after ‘‘full-time National 
Guard duty,’’; and 
(2) by striking ‘‘, and a period for which a per-
son is absent from employment for the purpose of per-
forming funeral honors duty as authorized by section 
12503 of title 10 or section 115 of title 32.’’. 
Subtitle H—Other Matters 
SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED 
SKILLS. 
(a) INITIAL SERVICE OBLIGATION.—Subsection (a) of 
section 651 of title 10, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) by striking ‘‘deferred under the next to the 
last sentence of section 6(d)(1) of the Military Selec-
tive Service Act (50 U.S.C. App. 456(d)(1))’’ and in-
serting ‘‘described in paragraph (3)’’; and 
(3) by adding at the end the following new para-
graphs: 
‘‘(2) The Secretary concerned may— 
‘‘(A) waive the applicability of paragraph (1) to 
a person who, as determined by the Secretary con-
cerned, is accessed into an armed force under the ju-
risdiction of that Secretary based on unique skills ac-
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quired in a civilian occupation and is to serve in that 
armed force in a specialty requiring those skills; and 
‘‘(B) require any alternative period of obligated 
service that the Secretary considers appropriate to 
meet the needs of the armed force that such person is 
entering. 
‘‘(3) The requirement under paragraph (1) does not 
apply to a person who is deferred under the next to the 
last sentence of section 6(d)(1) of the Military Selective 
Service Act (50 U.S.C. App. 456(d)(1)). 
(b) BASIC TRAINING PERIOD.—Subsection (c) of sec-
tion 671 of such title is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by striking ‘‘(c)(1)’’ and all that follows 
through ‘‘Any such period’’ in the second sentence of 
paragraph (1) and inserting the following: 
‘‘(c)(1) A period of basic training (or equivalent train-
ing) shorter than 12 weeks may be established by the Sec-
retary concerned for members of the armed forces who, as 
determined by the Secretary under regulations prescribed 
under paragraph (3)— 
‘‘(A) have been credentialed in a medical profes-
sion or occupation and are serving in a health-care 
occupational specialty; or
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‘‘(B) have unique skills acquired in a civilian 
occupation and are to serve in a military specialty 
or position requiring those skills. 
‘‘(2) Any period of basic training under paragraph 
(1)’’. 
SEC. 572. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE 
MILITARY VOTERS LOCATED IN THE UNITED 
STATES. 
(a) DUTIES OF PRESIDENTIAL DESIGNEE.—Section 
101(b)(3) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff(b)(3)) is amended by striking 
‘‘overseas voters’’ and inserting ‘‘absent uniformed services 
voters and overseas voters’’. 
(b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Section 
103 of such Act (42 U.S.C. 1973ff–2) is amended— 
(1) in subsection (a), by striking ‘‘overseas vot-
ers’’ and inserting ‘‘absent uniformed services voters 
and overseas voters’’; 
(2) in subsection (b), by striking the second sen-
tence and inserting the following new sentence: ‘‘A 
Federal write-in absentee ballot of an absent uni-
formed services voter or overseas voter shall not be 
counted— 
‘‘(1) if the application of the absent uniformed 
services voter or overseas voter for a State absentee
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ballot is received by the appropriate State election of-
ficial after the later of— 
‘‘(A) the deadline of the State for receipt of 
such application; or 
‘‘(B) the date that is 30 days before the gen-
eral election; or 
‘‘(2) if a State absentee ballot of the absent uni-
formed services voter or overseas voter is received by 
the appropriate State election official not later than 
the deadline for receipt of the State absentee ballot 
under State law.’’; 
(3) in subsection (c)(1), by striking ‘‘overseas 
voter’’ and inserting ‘‘absent uniformed services voter 
or overseas voter’’; 
(4) in subsection (d), by striking ‘‘overseas voter’’ 
both places it appears and inserting ‘‘absent uni-
formed services voter or overseas voter’’; and 
(5) in subsection (e)(2), by striking ‘‘overseas 
voters’’ and inserting ‘‘absent uniformed services vot-
ers and overseas voters’’. 
(c) CONFORMING AMENDMENTS.—(1) The heading of 
section 103 of such Act is amended to read as follows:
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‘‘SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GEN-
ERAL ELECTIONS FOR FEDERAL OFFICE FOR 
ABSENT UNIFORMED SERVICES VOTERS AND 
OVERSEAS VOTERS.’’. 
(2) The subsection caption for subsection (d) of such 
section is amended by striking ‘‘OVERSEAS VOTER’’ and in-
serting ‘‘ABSENT UNIFORMED SERVICES VOTER OR OVER-
SEAS VOTER’’. 
SEC. 573. RENAMING OF NATIONAL GUARD CHALLENGE 
PROGRAM AND INCREASE IN MAXIMUM FED-
ERAL SHARE OF COST OF STATE PROGRAMS 
UNDER THE PROGRAM. 
(a) RENAMING.—The text of section 509 of title 32, 
United States Code, is amended by striking ‘‘National 
Guard Challenge Program’’ each place it appears and in-
serting ‘‘National Guard Youth Challenge Program’’. 
(b) INCREASE IN MAXIMUM FEDERAL SHARE OF COST 
OF STATE PROGRAMS.—Subsection (d) of such section is 
amended by striking paragraphs (1), (2), (3), and (4), and 
inserting the following new paragraphs: 
‘‘(1) for fiscal year 2004, 60 percent of the costs 
of operating the State program during that year; 
‘‘(2) for fiscal year 2005, 65 percent of the costs 
of operating the State program during that year; 
‘‘(3) for fiscal year 2006, 70 percent of the costs 
of operating the State program during that year; and
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‘‘(4) for fiscal year 2007 and each subsequent fis-
cal year, 75 percent of the costs of operating the State 
program during such year.’’. 
(c) CONFORMING AND CLERICAL AMENDMENTS.—(1) 
The heading of such section is amended to read as follows: 
‘‘§ 509. National Guard Youth Challenge Program of 
opportunities for civilian youth’’. 
(2) The table of sections at the beginning of chapter 
5 of such title is amended by striking the item relating to 
section 509 and inserting the following new item: 
‘‘509. National Guard Youth Challenge Program of opportunities for civilian 
youth.’’. 
SEC. 574. APPEARANCE OF VETERANS SERVICE ORGANIZA-
TIONS 
AT 
PRESEPARATION 
COUNSELING 
PROVIDED BY THE DEPARTMENT OF DE-
FENSE. 
(a) APPEARANCE TO COUNSELING FOR DISCHARGE OR 
RELEASE FROM ACTIVE DUTY.—Section 1142 of title 10, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(d) APPEARANCE BY VETERANS SERVICE ORGANIZA-
TIONS.—(1) The Secretary concerned may permit a rep-
resentative of a veterans service organization to appear at 
and participate in any preseparation counseling provided 
to a member of the armed forces under this section.
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‘‘(2) For purposes of this subsection, a veterans service 
organization is any organization recognized by the Sec-
retary of Veterans Affairs for the representation of veterans 
under section 5902 of title 38.’’. 
(b) MEETING WITH RESERVES RELEASED FROM AC-
TIVE DUTY FOR FURTHER SERVICE IN THE RESERVES.— 
(1) A unit of a reserve component on active duty in the 
Armed Forces may, upon release from active duty in the 
Armed Forces for further service in the reserve components, 
meet with a veterans service organization for information 
and assistance relating to such release if the commander 
of the unit authorizes the meeting. 
(2) The time of a meeting for a unit under paragraph 
(1) may be scheduled by the commander of the unit for such 
time after the release of the unit as described in that para-
graph as the commander of the unit determines appropriate 
to maximize the benefit of the meeting to the members of 
the unit. 
(3) For purposes of this subsection, a veterans service 
organization is any organization recognized by the Sec-
retary of Veterans Affairs for the representation of veterans 
under section 5902 of title 38, United States Code.
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SEC. 575. SENSE OF THE SENATE REGARDING RETURN OF 
MEMBERS TO ACTIVE DUTY SERVICE UPON 
REHABILITATION 
FROM 
SERVICE-RELATED 
INJURIES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The generation of young men and women 
currently serving on active duty in the Armed Forces, 
which history will record as being among the greatest, 
has shown in remarkable numbers an individual re-
solve to recover from injuries incurred in such service 
and to return to active service in the Armed Forces. 
(2) Since September 11, 2001, numerous brave 
soldiers, sailors, airmen, and Marines have incurred 
serious combat injuries, including (as of June 2004) 
approximately 100 members of the Armed Forces who 
have been fitted with artificial limbs as a result of 
devastating injuries sustained in combat overseas. 
(3) In cases involving combat-related injuries 
and other service-related injuries it is possible, as a 
result of advances in technology and extensive reha-
bilitative services, to restore to members of the Armed 
Forces sustaining such injuries the capability to re-
sume the performance of active military service, in-
cluding, in a few cases, the capability to participate 
directly in the performance of combat missions.
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(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that— 
(1) members of the Armed Forces who on their 
own initiative are highly motivated to return to ac-
tive duty service following rehabilitation from inju-
ries incurred in their service in the Armed Forces, 
after appropriate medical review should be given the 
opportunity to present their cases for continuing to 
serve on active duty in varied military capacities; 
(2) other than appropriate medical review, there 
should be no barrier in policy or law to such a mem-
ber having the option to return to military service on 
active duty; and 
(3) the Secretary of Defense should develop spe-
cific protocols that expand options for such members 
to return to active duty service and to be retrained 
to perform military missions for which they are fully 
capable.
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TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE 
DURING 
SHORT-ASSIGNMENT 
PERMANENT 
CHANGES OF STATION FOR EDUCATION OR 
TRAINING. 
(a) AUTHORITY.—Paragraph (3) of subsection (d) of 
section 403 of title 37, United States Code, is amended by 
adding at the end the following new subparagraph: 
‘‘(C) In the case of a member who is reassigned 
for a permanent change of station or permanent 
change of assignment from a duty station within the 
continental United States to another duty station 
within the continental United States for a period of 
not more than one year for the purpose of partici-
pating in professional military education or training 
classes, the amount of the basic allowance for housing 
for the member may be based on whichever of the fol-
lowing areas the Secretary concerned determines to 
provide the more equitable basis for the allowance: 
‘‘(i) The area of the duty station to which 
the member is reassigned. 
‘‘(ii) The area of the member’s last duty sta-
tion, but only if, and for the period that, the