[108th Congress Public Law 375]
[From the U.S. Government Printing Office]
[DOCID: f:publ375.108]
[[Page 118 STAT. 1811]]
Public Law 108-375
108th Congress
An Act
To authorize appropriations for fiscal year 2005 for military activities
of the Department 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. <<NOTE: Oct. 28, 2004 - [H.R. 4200]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for the light weight 155-
millimeter howitzer program.
Sec. 112. Light utility helicopter program.
Subtitle C--Navy Programs
Sec. 121. DDG-51 modernization program.
Sec. 122. Repeal of authority for pilot program for flexible funding of
cruiser conversions and overhauls.
Sec. 123. LHA(R) amphibious assault ship program.
Subtitle D--Air Force Programs
Sec. 131. Prohibition of retirement of KC-135E aircraft.
[[Page 118 STAT. 1812]]
Sec. 132. Prohibition of retirement of F-117 aircraft.
Sec. 133. Aerial refueling aircraft acquisition program.
Subtitle E--Other Matters
Sec. 141. Development of deployable systems to include consideration of
force protection in asymmetric threat environments.
Sec. 142. Allocation of equipment authorized by this title to units
deployed, or to be deployed, to Operation Iraqi Freedom or
Operation Enduring Freedom.
Sec. 143. Report on options for acquisition of precision-guided
munitions.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Future Combat Systems program strategy.
Sec. 212. Collaborative program for research and development of vacuum
electronics technologies.
Sec. 213. Annual Comptroller General report on Joint Strike Fighter
program.
Sec. 214. Amounts for United States Joint Forces Command to be derived
only from Defense-wide amounts.
Sec. 215. Global Positioning System III satellite.
Sec. 216. Initiation of concept demonstration of Global Hawk high
altitude endurance unmanned aerial vehicle.
Sec. 217. Joint Unmanned Combat Air Systems program.
Subtitle C--Missile Defense Programs
Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Integration of Patriot Advanced Capability-3 and Medium
Extended Air Defense System into ballistic missile defense
system.
Sec. 233. Comptroller General assessments of ballistic missile defense
programs.
Sec. 234. Baselines and operational test and evaluation for ballistic
missile defense system.
Subtitle D--Other Matters
Sec. 241. Annual report on submarine technology insertion.
Sec. 242. Sense of Congress regarding funding of the Advanced
Shipbuilding Enterprise under the National Shipbuilding
Research Program of the Navy.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Satisfaction of Superfund audit requirements by Inspector
General of the Department of Defense.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site,
Moses Lake, Washington.
Sec. 313. Increase in authorized amount of environmental remediation,
Front Royal, Virginia.
Sec. 314. Small boat harbor, Unalaska, Alaska.
Sec. 315. Report regarding encroachment issues affecting Utah Test and
Training Range, Utah.
Sec. 316. Comptroller General study and report on alternative
technologies to decontaminate groundwater at Department of
Defense installations.
Sec. 317. Comptroller General study and report on drinking water
contamination and related health effects at Camp Lejeune,
North Carolina.
Sec. 318. Sense of Congress regarding perchlorate contamination of
ground and surface water from Department of Defense
activities.
Subtitle C--Workplace and Depot Issues
Sec. 321. Simplification of annual reporting requirements concerning
funds expended for depot maintenance and repair workloads.
[[Page 118 STAT. 1813]]
Sec. 322. Repeal of annual reporting requirement concerning management
of depot employees.
Sec. 323. Extension of special treatment for certain expenditures
incurred in operation of Centers of Industrial and Technical
Excellence.
Sec. 324. Temporary authority for contractor performance of security-
guard functions.
Sec. 325. Pilot program for purchase of certain municipal services for
Army installations.
Sec. 326. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 327. Limitations on conversion of work performed by Department of
Defense civilian employees to contractor performance.
Sec. 328. Competitive sourcing reporting requirement.
Subtitle D--Information Technology
Sec. 331. Preparation of Department of Defense plan for transition to
Internet Protocol version 6.
Sec. 332. Defense business enterprise architecture, system
accountability, and conditions for obligation of funds for
defense business system modernization.
Sec. 333. Report on maturity and effectiveness of the Global Information
Grid Bandwidth Expansion (GIG-BE).
Subtitle E--Extensions of Program Authorities
Sec. 341. Two-year extension of Department of Defense telecommunications
benefit.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Two-year extension of warranty claims recovery pilot program.
Subtitle F--Other Matters
Sec. 351. Reimbursement for certain protective, safety, or health
equipment purchased by or for members of the Armed Forces
deployed in contingency operations.
Sec. 352. Limitation on preparation or implementation of Mid-Range
Financial Improvement Plan pending report.
Sec. 353. Pilot program to authorize Army working-capital funded
facilities to engage in cooperative activities with non-Army
entities.
Sec. 354. Transfer of excess Department of Defense personal property to
assist firefighting agencies.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty personnel end strengths for fiscal years 2005
through 2009.
Sec. 404. Exclusion of service academy permanent and career professors
from a limitation on certain officer grade strengths.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of Reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Accounting and management of reserve component personnel
performing active duty or full-time National Guard duty for
operational support.
Subtitle C--Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Transition of active-duty list officer force to a force of all
regular officers.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs
of Naval Operations be selected from officers in the line of
the Navy.
Sec. 503. Limitation on number of officers frocked to major general and
rear admiral.
[[Page 118 STAT. 1814]]
Sec. 504. Distribution in grade of Marine Corps reserve officers in an
active status in grades below brigadier general
Sec. 505. Authority for Federal recognition of National Guard
commissioned officers appointed from former Coast Guard
personnel.
Sec. 506. Study regarding promotion eligibility of retired officers
recalled to active duty.
Sec. 507. Succession for office of Chief, National Guard Bureau.
Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as
Director of the Joint Staff of the National Guard Bureau.
Subtitle B--Reserve Component Policy Matters
Sec. 511. Modification of stated purpose of the reserve components.
Sec. 512. Homeland defense activities conducted by the National Guard
under authority of title 32.
Sec. 513. Commission on the National Guard and Reserves.
Sec. 514. Repeal of exclusion of active duty for training from authority
to order Reserves to active duty.
Sec. 515. Army program for assignment of active component advisers to
units of the Selected Reserve.
Sec. 516. Authority to accept certain voluntary services.
Sec. 517. Authority to redesignate the Naval Reserve as the Navy
Reserve.
Sec. 518. Comptroller General assessment of integration of active and
reserve components of the Navy.
Sec. 519. Limitation on number of Starbase academies in a State.
Sec. 520. Recognition items for certain reserve component personnel.
Subtitle C--Reserve Component Personnel Matters
Sec. 521. Status under disability retirement system for reserve members
released from active duty due to inability to perform within
30 days of call to active duty.
Sec. 522. Requirement for retention of Reserves on active duty to
qualify for retired pay not applicable to nonregular service
retirement system.
Sec. 523. Federal civil service military leave for Reserve and National
Guard civilian technicians.
Sec. 524. Expanded educational assistance authority for officers
commissioned through ROTC program at military junior
colleges.
Sec. 525. Repeal of sunset provision for financial assistance program
for students not eligible for advanced training.
Sec. 526. Effect of appointment or commission as officer on eligibility
for Selected Reserve education loan repayment program for
enlisted members.
Sec. 527. Educational assistance for certain reserve component members
who perform active service.
Sec. 528. Sense of Congress on guidance concerning treatment of
employer-provided compensation and other benefits voluntarily
provided to employees who are activated Reservists.
Subtitle D--Joint Officer Management and Professional Military Education
Sec. 531. Strategic plan to link joint officer development to overall
missions and goals of Department of Defense.
Sec. 532. Improvement to professional military education in the
Department of Defense.
Sec. 533. Joint requirements for promotion to flag or general officer
grade.
Sec. 534. Clarification of tours of duty qualifying as a joint duty
assignment.
Sec. 535. Two-year extension of temporary standard for promotion policy
objectives for joint officers.
Sec. 536. Two-year extension of authority to waive requirement that
Reserve Chiefs and National Guard Directors have significant
joint duty experience.
Subtitle E--Military Service Academies
Sec. 541. Revision to conditions on service of officers as service
academy superintendents.
Sec. 542. Academic qualifications of the dean of the faculty of United
States Air Force Academy.
Sec. 543. Board of Visitors of United States Air Force Academy.
Sec. 544. Appropriated funds for service academy athletic and
recreational extracurricular programs to be treated in same
manner as for military morale, welfare, and recreation
programs.
Sec. 545. Codification of prohibition on imposition of certain charges
and fees at the service academies.
Subtitle F--Other Education and Training Matters
Sec. 551. College First delayed enlistment program.
[[Page 118 STAT. 1815]]
Sec. 552. Senior Reserve Officers' Training Corps and recruiter access
at institutions of higher education.
Sec. 553. Tuition assistance for officers.
Sec. 554. Increased maximum period for leave of absence for pursuit of a
program of education in a health care profession.
Sec. 555. Eligibility of cadets and midshipmen for medical and dental
care and disability benefits.
Sec. 556. Transfer of authority to confer degrees upon graduates of the
Community College of the Air Force.
Sec. 557. Change in titles of leadership positions at the Naval
Postgraduate School.
Subtitle G--Assistance to Local Educational Agencies for Defense
Dependents Education
Sec. 558. Continuation of impact aid assistance on behalf of dependents
of certain members despite change in status of member.
Sec. 559. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 560. Impact aid for children with severe disabilities.
Subtitle H--Medals and Decorations and Special Promotions and
Appointments
Sec. 561. Award of medal of honor to individual interred in the Tomb of
the Unknowns as representative of casualties of a war.
Sec. 562. Plan for revised criteria and eligibility requirements for
award of Combat Infantryman Badge and Combat Medical Badge
for service in Korea after July 28, 1953.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager,
United States Air Force (retired), to the grade of major
general on the retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of
major general in the Army.
Subtitle I--Military Voting
Sec. 566. Federal write-in ballots for absentee military voters located
in the United States.
Sec. 567. Repeal of requirement to conduct electronic voting
demonstration project for the Federal election to be held in
November 2004.
Sec. 568. Reports on operation of Federal voting assistance program and
military postal system.
Subtitle J--Military Justice Matters
Sec. 571. Review on how sexual offenses are covered by Uniform Code of
Military Justice.
Sec. 572. Waiver of recoupment of time lost for confinement in
connection with a trial.
Sec. 573. Processing of forensic evidence collection kits and
acquisition of sufficient stocks of such kits.
Sec. 574. Authorities of the Judge Advocates General.
Subtitle K--Sexual Assault in the Armed Forces
Sec. 576. Examination of sexual assault in the Armed Forces by the
Defense Task Force established to examine sexual harassment
and violence at the military service academies.
Sec. 577. Department of Defense policy and procedures on prevention and
response to sexual assaults involving members of the Armed
Forces.
Subtitle L--Management and Administrative Matters
Sec. 581. Three-year extension of limitation on reductions of personnel
of agencies responsible for review and correction of military
records.
Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office
(DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 75 and older.
Sec. 584. Authority to provide civilian clothing to members traveling in
connection with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles,
credits, and tickets to facilitate rest and recuperation
travel of deployed members of the Armed Forces and their
families.
Sec. 586. Annual report identifying reasons for discharges from the
Armed Forces during preceding fiscal year.
Sec. 587. Study of blended wing concept for the Air Force.
Sec. 588. Sense of Congress regarding return of members to active duty
service upon rehabilitation from service-related injuries.
[[Page 118 STAT. 1816]]
Subtitle M--Other Matters
Sec. 591. Protection of Armed Forces personnel from retaliatory actions
for communications made through the chain of command.
Sec. 592. Implementation plan for accession of persons with specialized
skills.
Sec. 593. Enhanced screening methods and process improvements for
recruitment of home schooled and National Guard Challenge
program GED recipients.
Sec. 594. Redesignation of National Guard Challenge Program as National
Guard Youth Challenge Program.
Sec. 595. Reports on certain milestones relating to Department of
Defense transformation.
Sec. 596. Report on issues relating to removal of remains of persons
interred in United States military cemeteries overseas.
Sec. 597. Comptroller General reports on closure of Department of
Defense dependent elementary and secondary schools and
commissary stores.
Sec. 598. Comptroller General report on transition assistance programs
for members separating from the Armed Forces.
Sec. 599. Study on coordination of job training standards with
certification standards for military occupational
specialties.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Relationship between eligibility to receive supplemental
subsistence allowance and eligibility to receive imminent
danger pay, family separation allowance, and certain Federal
assistance.
Sec. 603. Authority to provide family separation basic allowance for
housing.
Sec. 604. Geographic basis for housing allowance during short-assignment
permanent changes of station for education or training.
Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring
expenses incurred for duty outside the continental United
States.
Sec. 606. Authority for certain members deployed in combat zones to
receive limited advances on future basic pay.
Sec. 607. Repeal of requirement that members entitled to basic allowance
for subsistence pay subsistence charges while hospitalized.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Authority to provide hazardous duty incentive pay to military
firefighters.
Sec. 616. Reduced service obligation for nurses receiving nurse
accession bonus.
Sec. 617. Assignment incentive pay.
Sec. 618. Modification of active and reserve component reenlistment and
enlistment bonus authorities.
Sec. 619. Bonus for certain initial service of officers in the Selected
Reserve.
Sec. 620. Revision of authority to provide foreign language proficiency
pay.
Sec. 621. Eligibility of enlisted members to qualify for critical skills
retention bonus while serving on indefinite reenlistment.
Sec. 622. Eligibility of reserve component members for incentive bonus
for conversion to military occupational specialty to ease
personnel shortage.
Sec. 623. Permanent increase in authorized amounts for imminent danger
special pay and family separation allowance.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for family members to
attend burial ceremony or memorial service of member who dies
on duty.
Sec. 632. Transportation of family members incident to serious illness
or injury of members of the uniformed services.
Sec. 633. Reimbursement for certain lodging costs incurred in connection
with dependent student travel.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Computation of high-36 month average for reserve component
members retired for disability while on active duty or dying
while on active duty.
[[Page 118 STAT. 1817]]
Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and
veterans' disability compensation for military retirees with
service-connected disabilities rated as 100 percent.
Sec. 643. Death benefits enhancement.
Sec. 644. Phased elimination of two-tier annuity computation for
surviving spouses under Survivor Benefit Plan.
Sec. 645. One-year open enrollment period for Survivor Benefit Plan
commencing October 1, 2005.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Consolidation and reorganization of legislative provisions
regarding defense commissary system and exchanges and other
morale, welfare, and recreation activities.
Sec. 652. Consistent State treatment of Department of Defense
Nonappropriated Fund Health Benefits Program.
Subtitle F--Other Matters
Sec. 661. Eligibility of members for reimbursement of expenses incurred
for adoption placements made by foreign governments.
Sec. 662. Clarification of education loans qualifying for education loan
repayment program for reserve component health professions
officers.
Sec. 663. Receipt of pay by reservists from civilian employers while on
active duty in connection with a contingency operation.
Sec. 664. Relief for mobilized reservists from certain Federal
agricultural loan obligations.
Sec. 665. Survey and analysis of effect of extended and frequent
mobilization of reservists for active duty service on
reservist income.
Sec. 666. Study of disability benefits for veterans of service in the
Armed Forces with service-connected disabilities.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Enhanced Benefits for Reserves
Sec. 701. TRICARE coverage for members of reserve components who commit
to continued service in the Selected Reserve after release
from active duty.
Sec. 702. Comptroller General report on the cost and feasibility of
providing private health insurance stipends for members of
the Ready Reserves.
Sec. 703. Permanent earlier eligibility date for TRICARE benefits for
members of reserve components and their dependents.
Sec. 704. Waiver of certain deductibles under TRICARE program for
members on active duty for a period of more than 30 days.
Sec. 705. Authority for payment by United States of additional amounts
billed by health care providers to activated Reserves.
Sec. 706. Permanent extension of transitional health care benefits and
addition of requirement for preseparation physical
examination.
Subtitle B--Other Benefits Improvements
Sec. 711. Opportunity for young child dependent of deceased member to
become eligible for enrollment in a TRICARE dental plan.
Sec. 712. Comptroller General report on provision of health, education,
and support services for Exceptional Family Member Program
enrollees.
Sec. 713. Continuation of sub-acute care for transition period.
Sec. 714. Improvements to pharmacy benefits program.
Sec. 715. Professional accreditation of military dentists.
Sec. 716. Temporary authority for waiver of collection of payments due
for CHAMPUS benefits received by disabled persons unaware of
loss of CHAMPUS eligibility.
Sec. 717. Services of marriage and family therapists.
Sec. 718. Chiropractic health care benefits advisory committee.
Subtitle C--Planning, Programming, and Management
Sec. 721. Pilot program for health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for
certain military disability retirees.
Sec. 723. Study of mental health services.
Sec. 724. Policy for timely notification of next of kin of members
seriously ill or injured in combat zones.
Sec. 725. Revised funding methodology for military retiree health care
benefits.
Sec. 726. Grounds for presidential waiver of requirement for informed
consent or option to refuse regarding administration of drugs
not approved for general use.
[[Page 118 STAT. 1818]]
Sec. 727. TRICARE program regional directors.
Subtitle D--Medical Readiness Tracking and Health Surveillance
Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight
Committee.
Sec. 732. Medical readiness of Reserves.
Sec. 733. Baseline Health Data Collection Program.
Sec. 734. Medical care and tracking and health surveillance in the
theater of operations.
Sec. 735. Declassification of information on exposures to environmental
hazards.
Sec. 736. Report on training on environmental hazards.
Sec. 737. Uniform policy for meeting mobilization-related medical care
needs at military installations.
Sec. 738. Full implementation of Medical Readiness Tracking and Health
Surveillance Program and Force Health Protection and
Readiness Program.
Sec. 739. Reports and Internet accessibility relating to health matters.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Software-related program costs under major defense acquisition
programs.
Sec. 802. Internal controls for Department of Defense procurements
through GSA Client Support Centers.
Sec. 803. Defense commercial communications satellite services
procurement process.
Sec. 804. Contractor performance of acquisition functions closely
associated with inherently governmental functions.
Sec. 805. Sustainment plans for existing systems while replacement
systems are under development.
Sec. 806. Applicability of competition exceptions to eligibility of
National Guard for financial assistance for performance of
additional duties.
Sec. 807. Inflation adjustment of acquisition-related dollar thresholds.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Rapid acquisition authority to respond to combat emergencies.
Sec. 812. Defense acquisition workforce improvements.
Sec. 813. Period for multiyear task and delivery order contracts.
Sec. 814. Funding for contract ceilings for certain multiyear
procurement contracts.
Sec. 815. Increased threshold for senior procurement executive approval
of use of procedures other than competitive procedures.
Sec. 816. Increased threshold for applicability of requirement for
defense contractors to provide information on subcontracting
authority of contractor personnel to cooperative agreement
holders.
Sec. 817. Extension of authority for use of simplified acquisition
procedures.
Sec. 818. Submission of cost or pricing data on noncommercial
modifications of commercial items.
Sec. 819. Delegations of authority to make determinations relating to
payment of defense contractors for business restructuring
costs.
Sec. 820. Availability of Federal supply schedule supplies and services
to United Service Organizations, Incorporated.
Sec. 821. Addition of landscaping and pest control services to list of
designated industry groups participating in the Small
Business Competitiveness Demonstration Program.
Sec. 822. Increased thresholds under special emergency procurement
authority.
Subtitle C--United States Defense Industrial Base Provisions
Sec. 831. Defense trade reciprocity.
Sec. 832. Assessment and report on the acquisition of polyacrylonitrile
(PAN) carbon fiber from foreign sources.
Subtitle D--Extensions of Temporary Program Authorities
Sec. 841. Extension of mentor-protege program.
Sec. 842. Amendment to mentor-protege program.
Sec. 843. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 844. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities.
[[Page 118 STAT. 1819]]
Subtitle E--Other Acquisition Matters
Sec. 851. Review and demonstration project relating to contractor
employees.
Sec. 852. Inapplicability of certain fiscal laws to settlements under
special temporary contract closeout authority.
Sec. 853. Contracting with employers of persons with disabilities.
Sec. 854. Defense procurements made through contracts of other agencies.
Sec. 855. Requirements relating to source selection for integrated
support of aerial refueling aircraft fleet for the Air Force.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense
Sec. 901. Study of roles and authorities of the Director of Defense
Research and Engineering.
Sec. 902. Change of membership of specified council.
Subtitle B--Space Activities
Sec. 911. Space posture review.
Sec. 912. Panel on the future of national security space launch.
Sec. 913. Operationally responsive national security satellites.
Sec. 914. Nondisclosure of certain products of commercial satellite
operations.
Subtitle C--Intelligence-Related Matters
Sec. 921. Two-year extension of authority of the Secretary of Defense to
engage in commercial activities as security for intelligence
collection activities abroad.
Sec. 922. Pilot program on cryptologic service training.
Subtitle D--Other Matters
Sec. 931. Strategic plan for destruction of lethal chemical agents and
munitions stockpile.
Sec. 932. Secretary of Defense criteria for and guidance on
identification and internal transmission of critical
information.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2005.
Sec. 1003. Budget justification documents for operation and maintenance.
Sec. 1004. Licensing of intellectual property.
Sec. 1005. Repeal of funding restrictions concerning development of
medical countermeasures against biological warfare threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency
fluctuations.
Sec. 1007. Fiscal year 2004 transfer authority.
Sec. 1008. Clarification of fiscal year 2004 funding level for a
National Institute of Standards and Technology account.
Sec. 1009. Notification of fund transfers from working-capital funds.
Sec. 1010. Charges for Defense Logistics Information Services materials.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Authority for award of contracts for ship dismantling on net-
cost basis.
Sec. 1012. Use of proceeds from exchange and sale of obsolete navy
service craft and boats.
Sec. 1013. Transfer of naval vessels to certain foreign recipients.
Sec. 1014. Independent study to assess cost effectiveness of the Navy
ship construction program.
Sec. 1015. Limitation on disposal of obsolete naval vessel.
Subtitle C--Counterdrug Matters
Sec. 1021. Use of funds for unified counterdrug and counterterrorism
campaign in Colombia.
Sec. 1022. Sense of Congress and report regarding counter-drug efforts
in Afghanistan.
Subtitle D--Matters Relating to Museums and Commemorations
Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City,
Missouri, as America's National World War I Museum.
[[Page 118 STAT. 1820]]
Sec. 1032. Program to commemorate 60th anniversary of World War II.
Sec. 1033. Annual report on Department of Defense operation and
financial support for military museums.
Subtitle E--Reports
Sec. 1041. Quarterly detailed accounting for operations conducted as
part of the Global War on Terrorism.
Sec. 1042. Report on post-major combat operations phase of Operation
Iraqi Freedom.
Sec. 1043. Report on training provided to members of the Armed Forces to
prepare for post-conflict operations.
Sec. 1044. Report on establishing National Centers of Excellence for
unmanned aerial and ground vehicles.
Sec. 1045. Study of continued requirement for two-crew manning for
ballistic missile submarines.
Sec. 1046. Report on Department of Defense programs for prepositioning
of materiel and equipment.
Sec. 1047. Report on al Quaeda and associated groups in Latin America
and the Caribbean.
Subtitle F--Defense Against Terrorism and Other Domestic Security
Matters
Sec. 1051. Acceptance of communications equipment provided by local
public safety agencies.
Sec. 1052. Determination and report on full-time airlift support for
homeland defense operations.
Sec. 1053. Survivability of critical systems exposed to chemical or
biological contamination.
Subtitle G--Personnel Security Matters
Sec. 1061. Use of National Driver Register for personnel security
investigations and determinations.
Sec. 1062. Standards for disqualification from eligibility for
Department of Defense security clearance.
Subtitle H--Transportation-Related Matters
Sec. 1071. Use of military aircraft to transport mail to and from
overseas locations.
Sec. 1072. Reorganization and clarification of certain provisions
relating to control and supervision of transportation within
the Department of Defense.
Sec. 1073. Evaluation of procurement practices relating to
transportation of security-sensitive cargo.
Subtitle I--Other Matters
Sec. 1081. Liability protection for Department of Defense volunteers
working in maritime environment.
Sec. 1082. Sense of Congress concerning media coverage of the return to
the United States of the remains of deceased members of the
Armed Forces from overseas.
Sec. 1083. Transfer of historic F3A-1 Brewster Corsaird aircraft.
Sec. 1084. Technical and clerical amendments.
Sec. 1085. Preservation of search and rescue capabilities of the Federal
Government.
Sec. 1086. Acquisition of aerial firefighting equipment for National
Interagency Fire Center.
Sec. 1087. Revision to requirements for recognition of institutions of
higher education as Hispanic-serving institutions for
purposes of certain grants and contracts.
Sec. 1088. Military extraterritorial jurisdiction over contractors
supporting defense missions overseas.
Sec. 1089. Definition of United States for purposes of Federal crime of
torture.
Sec. 1090. Energy savings performance contracts.
Sec. 1091. Sense of Congress and policy concerning persons detained by
the United States.
Sec. 1092. Actions to prevent the abuse of detainees.
Sec. 1093. Reporting requirements.
Sec. 1094. Findings and sense of Congress concerning Army Specialist
Joseph Darby.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Payment of Federal employee health benefit premiums for
mobilized Federal employees.
[[Page 118 STAT. 1821]]
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian
intelligence personnel.
Sec. 1104. Pay parity for senior executives in defense nonappropriated
fund instrumentalities.
Sec. 1105. Science, mathematics, and research for transformation (SMART)
defense scholarship pilot program.
Sec. 1106. Report on how to recruit and retain individuals with foreign
language skills.
Sec. 1107. Plan on implementation and utilization of flexible personnel
management authorities in Department of Defense laboratories.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
Sec. 1201. Commanders' Emergency Response Program.
Sec. 1202. Assistance to Iraq and Afghanistan military and security
forces.
Sec. 1203. Redesignation and modification of authorities relating to
Inspector General of the Coalition Provisional Authority.
Sec. 1204. Presidential report on strategy for stabilization of Iraq.
Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
Sec. 1206. Report on contractors supporting deployed forces and
reconstruction efforts in Iraq.
Sec. 1207. United Nations Oil-for-Food Program.
Sec. 1208. Support of military operations to combat terrorism.
Subtitle B--Counterproliferation Matters
Sec. 1211. Defense international counterproliferation programs.
Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic
missiles.
Sec. 1213. Sense of Congress on the global partnership against the
spread of weapons of mass destruction.
Sec. 1214. Report on collaborative measures to reduce the risks of a
launch of Russian nuclear weapons.
Subtitle C--Other Matters
Sec. 1221. Authority for humanitarian assistance for the detection and
clearance of landmines extended to include other explosive
remnants of war.
Sec. 1222. Expansion of entities of the People's Republic of China
subject to certain presidential authorities when operating in
the United States.
Sec. 1223. Assignment of NATO naval personnel to submarine safety
programs.
Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
Sec. 1225. Bilateral exchanges and trade in defense articles and defense
services between the United States and the United Kingdom and
Australia.
Sec. 1226. Study on missile defense cooperation.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Temporary authority to waive limitation on funding for
chemical weapons destruction facility in Russia.
Sec. 1304. Inclusion of descriptive summaries in annual Cooperative
Threat Reduction reports and budget justification materials.
TITLE XIV--SUNKEN MILITARY CRAFT
Sec. 1401. Preservation of title to sunken military craft and associated
contents.
Sec. 1402. Prohibitions.
Sec. 1403. Permits.
Sec. 1404. Penalties.
Sec. 1405. Liability for damages.
Sec. 1406. Relationship to other laws.
Sec. 1407. Encouragement of agreements with foreign countries.
Sec. 1408. Definitions.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Defense-wide activities procurement.
[[Page 118 STAT. 1822]]
Sec. 1505. Operation and maintenance.
Sec. 1506. Defense working capital funds.
Sec. 1507. Iraq Freedom Fund.
Sec. 1508. Defense health program.
Sec. 1509. Military personnel.
Sec. 1510. Treatment as additional authorizations.
Sec. 1511. Transfer authority.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2003 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002
projects.
Sec. 2703. Extension and renewal of authorizations of certain fiscal
year 2001 projects.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of approval and notice requirements for facility
repair projects.
Sec. 2802. Reporting requirements regarding military family housing
requirements for general officers and flag officers.
Sec. 2803. Congressional notification of deviations from authorized cost
variations for military construction projects and military
family housing projects.
Sec. 2804. Assessment of vulnerability of military installations to
terrorist attack and annual report on military construction
requirements related to antiterrorism and force protection.
[[Page 118 STAT. 1823]]
Sec. 2805. Repeal of limitations on use of alternative authority for
acquisition and improvement of military housing.
Sec. 2806. Additional reporting requirements relating to alternative
authority for acquisition and improvement of military
housing.
Sec. 2807. Temporary authority to accelerate design efforts for military
construction projects carried out using design-build
selection procedures.
Sec. 2808. Notification thresholds and requirements for expenditures or
contributions for acquisition of facilities for reserve
components.
Sec. 2809. Authority to exchange reserve component facilities to acquire
replacement facilities.
Sec. 2810. One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects
outside the United States.
Sec. 2811. Consideration of combination of military medical treatment
facilities and health care facilities of Department of
Veterans Affairs.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Reorganization of existing administrative provisions relating
to real property transactions.
Sec. 2822. Development of Heritage Center for the National Museum of the
United States Army.
Sec. 2823. Elimination of reversionary interests clouding United States
title to property used as Navy homeports.
Subtitle C--Base Closure and Realignment
Sec. 2831. Establishment of specific deadline for submission of
revisions to force-structure plan and infrastructure
inventory.
Sec. 2832. Specification of final selection criteria for 2005 base
closure round.
Sec. 2833. Repeal of authority of Secretary of Defense to recommend that
installations be placed in inactive status.
Sec. 2834. Voting requirements for Defense Base Closure and Realignment
Commission to add to or otherwise expand closure and
realignment recommendations made by Secretary of Defense.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee.
Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline,
Louisiana.
Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri.
Sec. 2845. Transfer of administrative jurisdiction, Defense Supply
Center, Columbus, Ohio.
Sec. 2846. Jurisdiction and utilization of former public domain lands,
Umatilla Chemical Depot, Oregon.
Sec. 2847. Modification of authority for land conveyance, equipment and
storage yard, Charleston, South Carolina.
Sec. 2848. Land conveyance, Fort Hood, Texas.
Sec. 2849. Land conveyance, local training area for Browning Army
Reserve Center, Utah.
Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia.
Sec. 2851. Land conveyance, Army National Guard Facility, Seattle,
Washington.
Sec. 2852. Modification of land exchange and consolidation, Fort Lewis,
Washington.
Part II--Navy Conveyances
Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida.
Sec. 2862. Land conveyance, Honolulu, Hawaii.
Sec. 2863. Land conveyance, Navy property, former Fort Sheridan,
Illinois.
Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2865. Modification of land acquisition authority, Perquimans
County, North Carolina.
Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South
Carolina.
Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia.
Part III--Air Force Conveyances
Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2872. Land conveyance, March Air Force Base, California.
Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York.
Part IV--Other Conveyances
Sec. 2881. Land exchange, Arlington County, Virginia.
[[Page 118 STAT. 1824]]
Subtitle E--Other Matters
Sec. 2891. One-year resumption of Department of Defense Laboratory
Revitalization Demonstration Program.
Sec. 2892. Designation of Airmen Leadership School at Luke Air Force
Base, Arizona, in honor of John J. Rhodes, a former minority
leader of the House of Representatives.
Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and
Redevelopment Agency.
Sec. 2894. Report on establishment of mobilization station at Camp
Ripley National Guard Training Center, Little Falls,
Minnesota.
Sec. 2895. Report on feasibility of establishment of veterans memorial
at Marine Corps Air Station, El Toro, California.
Sec. 2896. Sense of Congress regarding effect of military housing
policies and force structure and basing changes on local
educational agencies.
Sec. 2897. Sense of Congress and study regarding memorial honoring non-
United States citizens killed in the line of duty while
serving in the United States Armed Forces.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY 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. Report on requirements for Modern Pit Facility.
Sec. 3112. Two-year extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3113. Limited authority to carry out new projects under Facilities
and Infrastructure Recapitalization Program after project
selection deadline.
Sec. 3114. Modification of milestone and report requirements for
National Ignition Facility.
Sec. 3115. Modification of submittal date of annual plan for
stewardship, management, and certification of warheads in the
nuclear weapons stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. Treatment of waste material.
Sec. 3118. Local stakeholder organizations for 2006 closure sites.
Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts
Initiative.
Subtitle C--Proliferation Matters
Sec. 3131. Modification of authority to use International Nuclear
Materials Protection 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.
Sec. 3133. Silk Road Initiative.
Sec. 3134. Nuclear nonproliferation fellowships for scientists employed
by United States and Russian Federation.
Sec. 3135. Utilization of international contributions to the elimination
of weapons grade plutonium production program.
Subtitle D--Other Matters
Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Report on maintenance of retirement benefits for certain
workers at 2006 closure sites after closure of sites.
Sec. 3143. Report on efforts of National Nuclear Security Administration
to understand plutonium aging.
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 competitive contract.
Sec. 3146. National Academy of Sciences study on management by
Department of Energy of certain radioactive waste streams.
[[Page 118 STAT. 1825]]
Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders
for acquisition of lands for Manhattan Project in World War
II.
Sec. 3148. Modification of requirements relating to conveyances and
transfer of certain land at Los Alamos National Laboratory,
New Mexico.
Subtitle E--Energy Employees Occupational Illness Compensation Program
Sec. 3161. Contractor employee compensation.
Sec. 3162. Conforming amendments.
Sec. 3163. Technical amendments.
Sec. 3164. Transfer of funds for fiscal year 2005.
Sec. 3165. Use of Energy Employees Occupational Illness Compensation
Fund for certain payments to covered uranium employees.
Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational
Illness Compensation Program Act of 2000.
Sec. 3167. Emergency Special Exposure Cohort meeting and report.
Sec. 3168. Coverage of individuals employed at atomic weapons employer
facilities during periods of residual contamination.
Sec. 3169. Update of report on residual contamination of facilities.
Sec. 3170. Sense of Congress on resource center for energy employees
under Energy Employee Occupational Illness Compensation
Program in western New York and western Pennsylvania region.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of earlier authority to dispose of certain materials
in National Defense Stockpile.
Sec. 3303. Disposal of ferromanganese.
Sec. 3304. Prohibition on storage of mercury at certain facilities.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for
merchant marine vessels.
Sec. 3503. Modification of priority afforded applications for national
defense tank vessel construction assistance.
TITLE XXXVI--ASSISTANCE TO FIREFIGHTERS
Sec. 3601. Short title.
Sec. 3602. Amendments to Federal Fire Prevention and Control Act of
1974.
Sec. 3603. Report on assistance to firefighters.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for the light weight 155-
millimeter howitzer program.
[[Page 118 STAT. 1826]]
Sec. 112. Light utility helicopter program.
Subtitle C--Navy Programs
Sec. 121. DDG-51 modernization program.
Sec. 122. Repeal of authority for pilot program for flexible funding of
cruiser conversions and overhauls.
Sec. 123. LHA(R) amphibious assault ship program.
Subtitle D--Air Force Programs
Sec. 131. Prohibition of retirement of KC-135E aircraft.
Sec. 132. Prohibition of retirement of F-117 aircraft.
Sec. 133. Aerial refueling aircraft acquisition program.
Subtitle E--Other Matters
Sec. 141. Development of deployable systems to include consideration of
force protection in asymmetric threat environments.
Sec. 142. Allocation of equipment authorized by this title to units
deployed, or to be deployed, to Operation Iraqi Freedom or
Operation Enduring Freedom.
Sec. 143. Report on options for acquisition of precision-guided
munitions.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Army as follows:
(1) For aircraft, $2,611,540,000.
(2) For missiles, $1,307,000,000.
(3) For weapons and tracked combat vehicles, $1,702,695,000.
(4) For ammunition, $1,545,702,000.
(5) For other procurement, $4,345,246,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 2005 for procurement for the Navy as follows:
(1) For aircraft, $8,814,442,000.
(2) For weapons, including missiles and torpedoes,
$2,067,520,000.
(3) For shipbuilding and conversion, $10,116,827,000.
(4) For other procurement, $4,633,886,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2005 for procurement for the Marine Corps in the amount
of $1,268,453,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2005 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $878,140,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Air Force as follows:
(1) For aircraft, $13,228,124,000.
(2) For ammunition, $1,318,959,000.
(3) For missiles, $4,548,513,000.
(4) For other procurement, $12,949,327,000.
[[Page 118 STAT. 1827]]
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2005
for Defense-wide procurement in the amount of $2,846,583,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT WEIGHT 155-
MILLIMETER HOWITZER PROGRAM.
The Secretary of the Army and the Secretary of the Navy may, in
accordance with section 2306b of title 10, United States Code, jointly
enter into a multiyear contract, beginning with the fiscal year 2005
program year, for procurement of the light weight 155-millimeter
howitzer.
SEC. 112. LIGHT UTILITY HELICOPTER PROGRAM.
(a) Limitation.--None of the funds authorized to be appropriated
under section 101(1) for the procurement of light utility helicopters
may be obligated or expended until 30 days after the date on which the
Secretary of the Army submits to the congressional defense committees a
report that contains--
(1) the Secretary's certification that all required
documentation for the acquisition of light utility helicopters
has been completed and approved; and
(2) an Army aviation modernization plan described in
subsection (b).
(b) Army Aviation Modernization Plan.--The Army aviation
modernization plan referred to in subsection (a)(2) is an updated
modernization plan for Army aviation that contains, at a minimum, the
following:
(1) The analysis on which the plan is based.
(2) A discussion of the Secretary's decision to terminate
the Comanche helicopter program and to restructure the aviation
force of the Army.
(3) The actions taken or to be taken to accelerate the
procurement and development of aircraft survivability equipment
for Army aircraft, together with a detailed list of aircraft
survivability equipment that specifies such equipment by
platform and by the related programmatic funding for
procurement.
(4) A discussion of the conversion of Apache helicopters to
block III configuration, including (A) the rationale for
converting only 501 Apache helicopters to that configuration,
and (B) the costs associated with a conversion of all Apache
helicopters to the block III configuration.
(5) A discussion of the procurement of light armed
reconnaissance helicopters, including (A) the rationale for the
requirement for light armed reconnaissance helicopters, and (B)
a discussion of the costs associated with upgrading the light
armed reconnaissance helicopter to meet Army requirements.
(6) The rationale for the Army's requirement for light
utility helicopters, together with a summary and copy of the
analysis of the alternative means for meeting such requirement
that the Secretary considered in the determination to procure
light utility helicopters, including, at a minimum, the analysis
of the alternative of using light armed reconnaissance
helicopters
[[Page 118 STAT. 1828]]
and UH-60 Black Hawk helicopters instead of light utility
helicopters to meet such requirement.
(7) The rationale for the procurement of cargo fixed-wing
aircraft.
(8) The rationale for the initiation of a joint multi-role
helicopter program.
(9) A description of the operational employment of the
Army's restructured aviation force.
Subtitle C--Navy Programs
SEC. 121. DDG-51 MODERNIZATION PROGRAM.
(a) Acceleration of Modernization Program.--The Secretary of the
Navy shall accelerate the program for in-service modernization of the
DDG-51 class of destroyers (in this section referred to as the
``modernization program'').
(b) Report.--Not later than March 31, 2005, the Secretary of the
Navy shall submit to the congressional defense committees a report on
the steps taken as of that date to carry out subsection (a). The report
shall--
(1) describe the elements of the modernization program; and
(2) specify those elements of the modernization program that
are expected to contribute to the goal of reducing the crew size
of the DDG-51 class of destroyers by one-third and explain the
basis for those expectations.
SEC. 122. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE FUNDING OF
CRUISER CONVERSIONS AND OVERHAULS.
Section 126 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1410; 10 U.S.C. 7291 note) is
repealed.
SEC. 123. LHA(R) AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the first amphibious assault ship of the LHA(R) class,
subject to the availability of appropriations for that purpose.
(b) Authorized Amount.--Of the amount authorized to be appropriated
under section 102(a)(3) for fiscal year 2005, $150,000,000 shall be
available for the advance procurement and advance construction of
components for the first amphibious assault ship of the LHA(R) class.
The Secretary of the Navy may enter into a contract or contracts with
the shipbuilder and other entities for the advance procurement and
advance construction of those components.
Subtitle D--Air Force Programs
SEC. 131. PROHIBITION OF RETIREMENT OF KC-135E AIRCRAFT.
The Secretary of the Air Force may not retire any KC-135E aircraft
of the Air Force in fiscal year 2005.
SEC. 132. PROHIBITION OF RETIREMENT OF F-117 AIRCRAFT.
No F-117 aircraft in use by the Air Force during fiscal year 2004
may be retired during fiscal year 2005.
[[Page 118 STAT. 1829]]
SEC. 133. AERIAL REFUELING AIRCRAFT ACQUISITION PROGRAM.
(a) Termination of Leasing Authority.--Subsection (a) of section 135
of the National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 117 Stat. 1413; 10 U.S.C. 2401a note) is amended by
striking ``may lease no more than 20 tanker aircraft'' and inserting
``shall lease no tanker aircraft''.
(b) Multiyear Procurement Authority.--Subsection (b) of such section
is amended--
(1) in paragraph (1)--
(A) by striking ``Beginning with the fiscal year
2004 program year, the Secretary'' and inserting ``The
Secretary''; and
(B) by striking ``necessary to meet'' and all that
follows through ``is insufficient'';
(2) in paragraph (2), by striking ``80'' and inserting
``100''; and
(3) by striking paragraph (4).
(c) Study.--Subsection (c)(1) of such section is amended by striking
``leased under the multiyear aircraft lease pilot program or'' in
subparagraphs (A) and (B).
(d) Relationship to Previous Law.--Such section is further amended
by adding at the end the following new subsection:
``(f) Relationship to Previous Law.--The multiyear procurement
authority in subsection (b) may not be executed under section 8159 of
the Department of Defense Appropriations Act, 2002 (division A of Public
Law 107-117).''.
Subtitle E--Other Matters
SEC. 141. <<NOTE: 10 USC 2302 note.>> DEVELOPMENT OF DEPLOYABLE SYSTEMS
TO INCLUDE CONSIDERATION OF FORCE PROTECTION IN ASYMMETRIC
THREAT ENVIRONMENTS.
(a) <<NOTE: Regulations.>> Requirement for Systems Development.--The
Secretary of Defense shall require that the Department of Defense
regulations, directives, and guidance governing the acquisition of
covered systems be revised to require that--
(1) an assessment of warfighter survivability and of system
suitability against asymmetric threats shall be performed as
part of the development of system requirements for any such
system; and
(2) requirements for key performance parameters for force
protection and survivability shall be included as part of the
documentation of system requirements for any such system.
(b) Covered Systems.--In this section, the term ``covered system''
means any of the following systems that is expected to be deployed in an
asymmetric threat environment:
(1) Any manned system.
(2) Any equipment intended to enhance personnel
survivability.
(c) Inapplicability of Development Requirement to Systems Already
Through Development.--The revisions pursuant subsection (a) to
Department of Defense regulations, directives, and guidance shall not
apply to a system that entered low-rate initial production before the
date of the enactment of this Act.
(d) Deadline for Policy Revisions.--The revisions required by
subsection (a) to Department of Defense regulations, directives,
[[Page 118 STAT. 1830]]
and guidance shall be made not later than 120 days after the date of the
enactment of this Act.
SEC. 142. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE TO UNITS
DEPLOYED, OR TO BE DEPLOYED, TO OPERATION IRAQI FREEDOM OR
OPERATION ENDURING FREEDOM.
In allocating equipment acquired using funds authorized to be
appropriated by this title to operational units deployed, or scheduled
to be deployed, to Operation Iraqi Freedom or Operation Enduring
Freedom, the Secretary of Defense shall ensure that the allocation is
made without regard to the status of the units as active, Guard, or
reserve component units.
SEC. 143. REPORT ON OPTIONS FOR ACQUISITION OF PRECISION-GUIDED
MUNITIONS.
(a) Requirement for Report.--Not later than March 1, 2005, the
Secretary of Defense shall submit to the congressional defense
committees a report on options for the acquisition of precision-guided
munitions.
(b) Content of Report.--The report shall include the following:
(1) A list of the precision-guided munitions in the
inventory of the Department of Defense.
(2) For each such munition--
(A) the inventory level as of the most recent date
that it is feasible to specify when the report is
prepared;
(B) the inventory objective that is necessary to
execute the current National Military Strategy
prescribed by the Chairman of the Joint Chiefs of Staff;
(C) the year in which that inventory objective would
be expected to be achieved--
(i) if the munition were procured at the
minimum sustained production rate;
(ii) if the munition were procured at the most
economic production rate; and
(iii) if the munition were procured at the
maximum production rate; and
(D) the procurement cost for each munition (in
constant fiscal year 2004 dollars) at each of the
production rates specified in subparagraph (C) for each
year in the future-years defense program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Future Combat Systems program strategy.
Sec. 212. Collaborative program for research and development of vacuum
electronics technologies.
Sec. 213. Annual Comptroller General report on Joint Strike Fighter
program.
Sec. 214. Amounts for United States Joint Forces Command to be derived
only from Defense-wide amounts.
Sec. 215. Global Positioning System III satellite.
[[Page 118 STAT. 1831]]
Sec. 216. Initiation of concept demonstration of Global Hawk high
altitude endurance unmanned aerial vehicle.
Sec. 217. Joint Unmanned Combat Air Systems program.
Subtitle C--Missile Defense Programs
Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Integration of Patriot Advanced Capability-3 and Medium
Extended Air Defense System into ballistic missile defense
system.
Sec. 233. Comptroller General assessments of ballistic missile defense
programs.
Sec. 234. Baselines and operational test and evaluation for ballistic
missile defense system.
Subtitle D--Other Matters
Sec. 241. Annual report on submarine technology insertion.
Sec. 242. Sense of Congress regarding funding of the Advanced
Shipbuilding Enterprise under the National Shipbuilding
Research Program of the Navy.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $9,307,248,000.
(2) For the Navy, $16,200,591,000.
(3) For the Air Force, $20,432,933,000.
(4) For Defense-wide activities, $20,556,986,000, of which
$304,135,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2005.--Of the amounts authorized to be appropriated
by section 201, $11,191,600,000 shall be available for the Defense
Science and Technology Program, including basic research, applied
research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology
Development Defined.--For purposes of this section, the term ``basic
research, applied research, and advanced technology development'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1, 6.2, or 6.3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.
(a) Program Strategy Required.--The Secretary of the Army shall
establish and implement a program strategy for the Future Combat Systems
acquisition program of the Army. The purpose of the program strategy
shall be to provide an effective, affordable, producible, and
supportable military capability with a realistic schedule and a robust
cost estimate.
(b) Elements of Program Strategy.--The program strategy shall--
(1) require the release, at the design readiness review, of
not less than 90 percent of engineering drawings for the
building of prototypes;
[[Page 118 STAT. 1832]]
(2) require, before facilitating production or contracting
for items with long lead times, that an acceptable demonstration
be carried out of the performance of the information network,
including the performance of the Joint Tactical Radio System and
the Warfighter Information Network-Tactical; and
(3) require, before the initial production decision, that an
acceptable demonstration be carried out of the collective
capability of each system to meet system-of-systems requirements
when integrated with the information network.
(c) Required Submissions to Congress.--Before convening the
Milestone B update for the Future Combat Systems acquisition program
required by the Future Combat Systems acquisition decision memorandum,
the Under Secretary of Defense for Acquisition, Technology, and
Logistics shall submit to Congress each of the following documents:
(1) The cost estimate of the Army with respect to the Future
Combat Systems program.
(2) <<NOTE: Reports.>> A report, prepared by an independent
panel, on the maturity levels of the critical technologies with
respect to the program, including an assessment of those
technologies that are likely to require a decision to use an
alternative approach.
(3) <<NOTE: Reports.>> A report, prepared by the chief
information officer of the Army, describing--
(A) the status of the development and integration of
the network and the command, control, computers,
communications, intelligence, surveillance, and
reconnaissance components; and
(B) the progress made toward meeting the
requirements for network-centric capabilities as set
forth by such officer.
(4) <<NOTE: Reports.>> A report identifying the key
performance parameters with respect to the program, with all
objectives and thresholds quantified, together with the
supporting analytical rationale.
(d) <<NOTE: Deadline.>> Independent Cost Estimate.--The Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
submit to Congress not later than March 1, 2005, an independent cost
estimate, prepared by the cost analysis improvement group of the Office
of the Secretary of Defense, with respect to the Future Combat Systems
program.
(e) Limitation on Funding.--(1) Except as provided in paragraph (2),
the Secretary of the Army may not obligate, from amounts made available
for fiscal year 2005, more than $2,200,000,000 for the Future Combat
Systems acquisition program.
(2) The limitation in paragraph (1) shall not apply after the
Secretary of the Army submits to Congress--
(A) the Secretary's certification that the Secretary has
established and implemented the program strategy required by
subsection (a); and
(B) each of the documents specified in subsection (c).
SEC. 212. <<NOTE: 10 USC 2358 note.>> COLLABORATIVE PROGRAM FOR RESEARCH
AND DEVELOPMENT OF VACUUM ELECTRONICS TECHNOLOGIES.
(a) Program Required.--The Secretary of Defense shall establish a
program for research and development in advanced vacuum electronics to
meet the requirements of Department of Defense systems.
[[Page 118 STAT. 1833]]
(b) Description of Program.--The program under subsection (a) shall
be carried out collaboratively by the Director of Defense Research and
Engineering, the Secretary of the Navy, the Secretary of the Air Force,
the Secretary of the Army, and other appropriate elements of the
Department of Defense. The program shall include the following
activities:
(1) Activities needed for development and maturation of
advanced vacuum electronics technologies needed to meet the
requirements of the Department of Defense.
(2) Identification of legacy and developmental Department of
Defense systems which may make use of advanced vacuum
electronics under the program.
(c) Report.--Not later than January 31, 2005, the Director of
Defense Research and Engineering shall submit to the congressional
defense committees a report on the implementation of the program under
subsection (a). The report shall include the following:
(1) Identification of the organization to have lead
responsibility for carrying out the program.
(2) Assessment of the role of investing in vacuum
electronics technologies as part of the overall strategy of the
Department of Defense for investing in electronics technologies
to meet the requirements of the Department.
(3) The management plan and schedule for the program and any
agreements relating to that plan.
(4) Identification of the funding required for fiscal year
2006 and for the future-years defense program to carry out the
program.
(5) A list of program capability goals and objectives.
(6) An outline of the role of basic and applied research in
support of the development and maturation of advanced vacuum
electronics technologies needed to meet the requirements of the
Department of Defense.
(7) Assessment of global capabilities in vacuum electronics
technologies and the effect of those capabilities on the
national security and economic competitiveness of the United
States.
SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT STRIKE FIGHTER
PROGRAM.
(a) Annual GAO Review.--The Comptroller General shall conduct an
annual review of the Joint Strike Fighter aircraft program and shall,
not later than March 15 of each year, submit to the congressional
defense committees a report on the results of the most recent review.
With each such report, the Comptroller General shall submit a
certification as to whether the Comptroller General has had access to
sufficient information to enable the Comptroller General to make
informed judgments on the matters covered by the report.
(b) Matters to Be Included.--Each report on the Joint Strike Fighter
aircraft program under subsection (a) shall include the following with
respect to system development and demonstration under the program:
(1) The extent to which such system development and
demonstration is meeting established goals, including the goals
established for performance, cost, and schedule.
(2) The plan for such system development and demonstration
(leading to production) for the fiscal year that begins in the
year in which the report is submitted.
[[Page 118 STAT. 1834]]
(3) The Comptroller General's conclusion regarding whether
such system development and demonstration (leading to
production) is likely to be completed at a total cost not in
excess of the amount specified (or to be specified) for such
purpose in the Selected Acquisition report for the Joint Strike
Fighter aircraft program under section 2432 of title 10, United
States Code, for the first quarter of the fiscal year during
which the report of the Comptroller General is submitted.
(c) Requirement to Support Annual GAO Review.--The Secretary of
Defense and the prime contractor for the Joint Strike Fighter aircraft
program shall provide to the Comptroller General such information on
that program as the Comptroller General considers necessary to carry out
the responsibilities of the Comptroller General under this section,
including such information as is necessary for the purposes of
subsection (b)(3).
(d) Termination.--No report is required under this section after the
report that, under subsection (a), is required to be submitted not later
than March 15, 2009.
SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES COMMAND TO BE DERIVED
ONLY FROM DEFENSE-WIDE AMOUNTS.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 232. United States Joint Forces Command: amounts for research,
development, test, and evaluation to be derived
only from Defense-wide amounts
``(a) Requirement.--Amounts for research, development, test, and
evaluation for the United States Joint Forces Command shall be derived
only from amounts made available to the Department of Defense for
Defense-wide research, development, test, and evaluation.
``(b) Separate Display in Budget.--Any amount in the budget
submitted to Congress under section 1105 of title 31 for any fiscal year
for research, development, test, and evaluation for the United States
Joint Forces Command shall be set forth under the account of the
Department of Defense for Defense-wide research, development, test, and
evaluation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``232. United States Joint Forces Command: amounts for research,
development, test, and evaluation to be derived only from
Defense-wide amounts.''.
(c) <<NOTE: 10 USC 232 note.>> Applicability.--Section 232 of title
10, United States Code (as added by subsection (a)) applies to fiscal
years beginning with fiscal year 2007.
SEC. 215. GLOBAL POSITIONING SYSTEM III SATELLITE.
Not more than 80 percent of the amount authorized to be appropriated
by section 201(4) and available for the purpose of research,
development, test, and evaluation on the Global Positioning System III
satellite may be obligated or expended for that purpose until the
Secretary of Defense--
(1) completes an analysis of alternatives for the satellite
and ground architectures, satellite technologies, and tactics,
techniques, and procedures for the next generation global
positioning system (GPS); and
[[Page 118 STAT. 1835]]
(2) submits to the congressional defense committees a report
on the results of the analysis, including an assessment of the
results of the analysis.
SEC. 216. INITIATION OF CONCEPT DEMONSTRATION OF GLOBAL HAWK HIGH
ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.
Section 221(c) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-40) is amended by striking ``March 1, 2001'' and inserting
``March 1, 2005''.
SEC. 217. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.
(a) Executive Committee.--(1) The Secretary of Defense shall,
subject to subsection (b), establish an executive committee and require
that executive committee to provide guidance and recommendations for the
management of the Joint Unmanned Combat Air Systems program to the
Director of the Defense Advanced Research Projects Agency and the
personnel who are managing the program for such agency.
(2) The executive committee established under paragraph (1) shall be
composed of the following members:
(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall chair the executive
committee.
(B) The Assistant Secretary of the Navy for Research,
Development, and Acquisition.
(C) The Assistant Secretary of the Air Force for
Acquisition.
(D) The Deputy Chief of Naval Operations for Warfare
Requirements and Programs.
(E) The Deputy Chief of Staff of the Air Force for Air and
Space Operations.
(F) Any additional personnel of the Department of Defense
whom the Secretary determines appropriate for membership on the
executive committee.
(b) Applicability Only to DARPA-Managed Program.--The requirements
of subsection (a) apply with respect to the Joint Unmanned Combat Air
Systems program only while the program is managed by the Defense
Advanced Research Projects Agency.
Subtitle C--Missile Defense Programs
SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
(a) Authority.--Funds described in subsection (b) may, upon approval
by the Secretary of Defense, be used for the development and fielding of
ballistic missile defense capabilities.
(b) Covered Funds.--Subsection (a) applies to funds appropriated for
fiscal year 2005 or fiscal year 2006 for research, development, test,
and evaluation for the Missile Defense Agency.
SEC. 232. <<NOTE: 10 USC 2431 note.>> INTEGRATION OF PATRIOT ADVANCED
CAPABILITY-3 AND MEDIUM EXTENDED AIR DEFENSE SYSTEM INTO
BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Relationship to Ballistic Missile Defense System.--The combined
program of the Department of the Army known as the Patriot Advanced
Capability-3/Medium Extended Air Defense System air and missile defense
program (hereinafter in this section
[[Page 118 STAT. 1836]]
referred to as the ``PAC-3/MEADS program'') is an element of the
Ballistic Missile Defense System.
(b) Management of Configuration Changes.--The Director of the
Missile Defense Agency, in consultation with the Secretary of the Army
(acting through the Assistant Secretary of the Army for Acquisition,
Logistics and Technology) shall ensure that any configuration change for
the PAC-3/MEADS program is subject to the configuration control board
processes of the Missile Defense Agency so as to ensure integration of
the PAC-3/MEADS element with appropriate elements of the Ballistic
Missile Defense System.
(c) Required Procedures.--(1) Except as otherwise directed by the
Secretary of Defense, the Secretary of the Army (acting through the
Assistant Secretary of the Army for Acquisition, Logistics and
Technology) may make a significant change to the baseline technical
specifications or the baseline schedule for the PAC-3/MEADS program only
with the concurrence of the Director of the Missile Defense Agency.
(2) With respect to a proposal by the Secretary of the Army to make
a significant change to the procurement quantity (including any quantity
in any future block procurement) that, as of the date of such proposal,
is planned for the PAC-3/MEADS program, the Secretary of Defense shall
establish--
(A) procedures for a determination of the effect of such
change on Ballistic Missile Defense System capabilities and on
the cost of the PAC-3/MEADS program; and
(B) procedures for review of the proposed change by all
relevant commands and agencies of the Department of Defense,
including determination of the concurrence or nonconcurrence of
each such command and agency with respect to such proposed
change.
(d) Report.--Not later than February 1, 2005, the Secretary of
Defense shall submit to the congressional defense committees a report
describing the procedures developed pursuant to subsection (c)(2).
(e) Definitions.--For purpose of this section:
(1) The term ``significant change'' means, with respect to
the PAC-3/MEADS program, a change that would substantially alter
the role or contribution of that program in the Ballistic
Missile Defense System.
(2) The term ``baseline technical specifications'' means,
with respect to the PAC-3/MEADS program, those technical
specifications for that program that have been approved by the
configuration control board of the Missile Defense Agency and
are in effect as of the date of the review.
(3) The term ``baseline schedule'' means, with respect to
the PAC-3/MEADS program, the development and production schedule
for the PAC-3/MEADS program in effect at the time of a review of
such program conducted pursuant to subsection (b) or (c)(2)(B).
SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE
PROGRAMS.
Section 232(g) of the National Defense Authorization Act for Fiscal
Year 2002 (10 U.S.C. 2431 note) is amended to read as follows:
``(g) Comptroller General Assessment.--(1) At the conclusion of each
of fiscal years 2002 through 2006, the Comptroller
[[Page 118 STAT. 1837]]
General of the United States shall carry out an assessment of the extent
to which the Missile Defense Agency achieved the goals established under
subsection (c) for that fiscal year for each ballistic missile defense
program of the Department of Defense.
``(2) <<NOTE: Deadline.>> Not later than February 15 of each of 2003
through 2007, the Comptroller General shall submit to the congressional
defense committees a report on the Comptroller General's assessment
under paragraph (1) with respect to the preceding fiscal year.''.
SEC. 234. <<NOTE: 10 USC 2431 note.>> BASELINES AND OPERATIONAL TEST AND
EVALUATION FOR BALLISTIC MISSILE DEFENSE SYSTEM.
(a) <<NOTE: Deadline.>> Testing Criteria.--Not later than February
1, 2005, the Secretary of Defense, in consultation with the Director of
Operational Test and Evaluation, shall prescribe appropriate criteria
for operationally realistic testing of fieldable prototypes developed
under the ballistic missile defense spiral development program. The
Secretary shall submit a copy of the prescribed criteria to the
congressional defense committees.
(b) <<NOTE: Deadline.>> 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 subsection (a).
(c) Relationship to Other Law.--Nothing in this section shall be
construed to exempt any spiral development program of the Department of
Defense, after completion of the spiral development, from the
applicability of any provision of chapter 144 of title 10, United States
Code, or section 139, 181, 2366, 2399, or 2400 of such title in
accordance with the terms and conditions of such provision.
(d) Evaluation.--(1) The Director of Operational Test and Evaluation
shall evaluate the results of each test conducted under subsection (a)
as soon as practicable after the completion of such test.
(2) <<NOTE: Reports.>> The Director shall submit to the Secretary of
Defense and the congressional defense committees a report on the
evaluation of each test conducted under subsection (a) upon completion
of the evaluation of such test under paragraph (1).
(e) Cost, Schedule, and Performance Baselines.--(1) The Director of
the Missile Defense Agency shall establish cost, schedule, and
performance baselines for each block configuration of the Ballistic
Missile Defense System being fielded. The cost baseline for a block
configuration shall include full life cycle costs for the block
configuration.
(2) The Director shall include the baselines established under
paragraph (1) in the first Selected Acquisition Report for the Ballistic
Missile Defense System that is submitted to Congress under section 2432
of title 10, United States Code, after the establishment of such
baselines.
(3) The Director shall also include in the Selected Acquisition
Report submitted to Congress under paragraph (2) the significant
assumptions used in determining the performance baseline under paragraph
(1), including any assumptions regarding threat missile countermeasures
and decoys.
[[Page 118 STAT. 1838]]
(f) Variations Against Baselines.--In the event the cost, schedule,
or performance of any block configuration of the Ballistic Missile
Defense System varies significantly (as determined by the Director of
the Ballistic Missile Defense Agency) from the applicable baseline
established under subsection (d), the Director shall include such
variation, and the reasons for such variation, in the Selected
Acquisition Report submitted to Congress under section 2432 of title 10,
United States Code.
(g) Modifications of Baselines.--In the event the Director of the
Missile Defense Agency elects to undertake any modification of a
baseline established under subsection (d), the Director shall submit to
the congressional defense committees a report setting forth the reasons
for such modification.
Subtitle D--Other Matters
SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY INSERTION.
(a) Report Required.--(1) For each of fiscal years 2006, 2007, 2008,
and 2009, the Secretary of Defense shall submit to the congressional
defense committees a report on the submarine technologies that are
available or potentially available for insertion in submarines of the
Navy to reduce the production and operating costs of the submarines
while maintaining or improving the effectiveness of the submarines.
(2) The annual report for a fiscal year under paragraph (1) shall be
submitted at the same time that the President submits to Congress the
budget for that fiscal year under section 1105(a) of title 31, United
States Code.
(b) Content.--The report on submarine technologies under subsection
(a) shall include, for each class of submarines of the Navy, the
following matters:
(1) A list of the technologies that have been demonstrated,
together with--
(A) a plan for the insertion of any such
technologies that have been determined appropriate for
such submarines; and
(B) the estimated cost of such technology
insertions.
(2) A list of the technologies that have not been
demonstrated, together with a plan for the demonstration of any
such technologies that have the potential for being appropriate
for such submarines.
SEC. 242. SENSE OF CONGRESS REGARDING FUNDING OF THE ADVANCED
SHIPBUILDING ENTERPRISE UNDER THE NATIONAL SHIPBUILDING
RESEARCH PROGRAM OF THE NAVY.
(a) Findings.--Congress makes the following findings:
(1) The budget for fiscal year 2005, as submitted to
Congress by the President, provides $10,300,000 for the Advanced
Shipbuilding Enterprise under the National Shipbuilding Research
Program of the Navy.
(2) The Advanced Shipbuilding Enterprise is an innovative
program to encourage greater efficiency in the national
technology and industrial base.
(3) The leaders of the United States shipbuilding industry
have embraced the Advanced Shipbuilding Enterprise as a
[[Page 118 STAT. 1839]]
method for exploring and collaborating on innovation in
shipbuilding and ship repair that collectively benefits all
components of the industry.
(b) Sense of Congress.--It is the sense of Congress--
(1) that Congress--
(A) strongly supports the innovative Advanced
Shipbuilding Enterprise under the National Shipbuilding
Research Program as an enterprise between the Navy and
industry that has yielded new processes and techniques
that reduce the cost of building and repairing ships in
the United States; and
(B) is concerned that the future-years defense
program of the Department of Defense that was submitted
to 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 research to further reduce the cost of
designing, building, and repairing ships.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Satisfaction of Superfund audit requirements by Inspector
General of the Department of Defense.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site,
Moses Lake, Washington.
Sec. 313. Increase in authorized amount of environmental remediation,
Front Royal, Virginia.
Sec. 314. Small boat harbor, Unalaska, Alaska.
Sec. 315. Report regarding encroachment issues affecting Utah Test and
Training Range, Utah.
Sec. 316. Comptroller General study and report on alternative
technologies to decontaminate groundwater at Department of
Defense installations.
Sec. 317. Comptroller General study and report on drinking water
contamination and related health effects at Camp Lejeune,
North Carolina.
Sec. 318. Sense of Congress regarding perchlorate contamination of
ground and surface water from Department of Defense
activities.
Subtitle C--Workplace and Depot Issues
Sec. 321. Simplification of annual reporting requirements concerning
funds expended for depot maintenance and repair workloads.
Sec. 322. Repeal of annual reporting requirement concerning management
of depot employees.
Sec. 323. Extension of special treatment for certain expenditures
incurred in operation of Centers of Industrial and Technical
Excellence.
Sec. 324. Temporary authority for contractor performance of security-
guard functions.
Sec. 325. Pilot program for purchase of certain municipal services for
Army installations.
Sec. 326. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 327. Limitations on conversion of work performed by Department of
Defense civilian employees to contractor performance.
[[Page 118 STAT. 1840]]
Sec. 328. Competitive sourcing reporting requirement.
Subtitle D--Information Technology
Sec. 331. Preparation of Department of Defense plan for transition to
Internet Protocol version 6.
Sec. 332. Defense business enterprise architecture, system
accountability, and conditions for obligation of funds for
defense business system modernization.
Sec. 333. Report on maturity and effectiveness of the Global Information
Grid Bandwidth Expansion (GIG-BE).
Subtitle E--Extensions of Program Authorities
Sec. 341. Two-year extension of Department of Defense telecommunications
benefit.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Two-year extension of warranty claims recovery pilot program.
Subtitle F--Other Matters
Sec. 351. Reimbursement for certain protective, safety, or health
equipment purchased by or for members of the Armed Forces
deployed in contingency operations.
Sec. 352. Limitation on preparation or implementation of Mid-Range
Financial Improvement Plan pending report.
Sec. 353. Pilot program to authorize Army working-capital funded
facilities to engage in cooperative activities with non-Army
entities.
Sec. 354. Transfer of excess Department of Defense personal property to
assist firefighting agencies.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $26,098,411,000.
(2) For the Navy, $29,682,590,000.
(3) For the Marine Corps, $3,648,115,000.
(4) For the Air Force, $28,298,660,000.
(5) For Defense-wide activities, $17,325,276,000.
(6) For the Army Reserve, $2,008,128,000.
(7) For the Naval Reserve, $1,240,038,000.
(8) For the Marine Corps Reserve, $188,696,000
(9) For the Air Force Reserve, $2,239,790,000
(10) For the Army National Guard, $4,452,786,000.
(11) For the Air National Guard, $4,503,338,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,825,000.
(13) For Environmental Restoration, Army, $400,948,000.
(14) For Environmental Restoration, Navy, $266,820,000.
(15) For Environmental Restoration, Air Force, $397,368,000.
(16) For Environmental Restoration, Defense-wide,
$23,684,000
(17) For Environmental Restoration, Formerly Used Defense
Sites, $256,516,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) For Cooperative Threat Reduction programs,
$409,200,000.
[[Page 118 STAT. 1841]]
(20) For the Overseas Contingency Operations Transfer Fund,
$10,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $451,886,000.
(2) For the National Defense Sealift Fund, $1,269,252,000.
(3) For the Defense Working Capital Fund, Defense
Commissary, $1,175,000,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Defense Health Program, in
the amount of $17,657,386,000, of which--
(1) $17,219,844,000 is for Operation and Maintenance;
(2) $72,907,000 is for Research, Development, Test, and
Evaluation; and
(3) $364,635,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--(1) Funds
are hereby authorized to be appropriated for the Department of Defense
for fiscal year 2005 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, in the amount of
$1,371,990,000, of which--
(A) $1,088,801,000 is for Operation and Maintenance;
(B) $204,209,000 is for Research, Development, Test, and
Evaluation; and
(C) $78,980,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph (1) are
authorized for--
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
(c) Drug Interdiction and Counter-Drug Activities, Defense-wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2005 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the
amount of $852,947,000.
(d) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense, in the amount of $204,562,000, of
which--
(1) $202,362,000 is for Operation and Maintenance;
(2) $2,100,000 is for Procurement; and
(3) $100,000 is for Research, Development, Test, and
Evaluation.
[[Page 118 STAT. 1842]]
Subtitle B--Environmental Provisions
SEC. 311. <<NOTE: 42 USC 9611 note.>> SATISFACTION OF SUPERFUND AUDIT
REQUIREMENTS BY INSPECTOR GENERAL OF THE DEPARTMENT OF
DEFENSE.
(a) Satisfaction of Requirements.--The Inspector General of the
Department of Defense shall be deemed to be in compliance with the
requirements of section 111(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(k)) if
the Inspector General conducts periodic audits of the payments,
obligations, reimbursements, and other uses of the Hazardous Substance
Superfund by the Department of Defense, even if such audits do not occur
on an annual basis.
(b) Reports to Congress on Audits.--The Inspector General shall
submit to Congress a report on each audit conducted by the Inspector
General as described in subsection (a).
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND
SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse.--(1) Using funds described in subsection
(b), the Secretary of Defense may transfer not more than $524,926.54 to
the Moses Lake Wellfield Superfund Site 10-6J Special Account.
(2) The payment under paragraph (1) is to reimburse the
Environmental Protection Agency for its costs, including interest,
incurred in overseeing a remedial investigation/feasibility study
performed by the Department of the Army under the Defense Environmental
Restoration Program at the former Larson Air Force Base, Moses Lake
Superfund Site, Moses Lake, Washington.
(3) The reimbursement described in paragraph (2) is provided for in
the interagency agreement entered into by the Department of the Army and
the Environmental Protection Agency for the Moses Lake Wellfield
Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be made
using funds authorized to be appropriated by section 301(17) for
operation and maintenance for Environmental Restoration, Formerly Used
Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency shall use the
amount transferred under subsection (a) to pay costs incurred by the
Agency at the Moses Lake Wellfield Superfund Site.
SEC. 313. INCREASE IN AUTHORIZED AMOUNT OF ENVIRONMENTAL REMEDIATION,
FRONT ROYAL, VIRGINIA.
Section 591(a)(2) of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 378) is amended by striking
``$12,000,000'' and inserting ``$22,000,000''.
SEC. 314. SMALL BOAT HARBOR, UNALASKA, ALASKA.
The <<NOTE: Deadline.>> Secretary of the Army shall carry out the
small boat harbor project in Unalaska, Alaska, at a total estimated cost
of $23,200,000, with an estimated Federal cost of $11,500,000 and an
estimated non-Federal cost of $11,700,000, substantially in accordance
with the plans, and subject to the conditions, recommended in a final
report of the Chief of Engineers if a favorable
[[Page 118 STAT. 1843]]
final report of the Chief for the project is completed not later than
December 31, 2004.
SEC. 315. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH TEST AND
TRAINING RANGE, UTAH.
(a) Report Required.--The Secretary of the Air Force shall prepare a
report that outlines current and anticipated 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
in the report such recommendations as the Secretary considers
appropriate regarding any legislative initiatives necessary to address
encroachment problems identified by the Secretary in the report.
(b) Submission of Report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit the report to the
Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate. It is the sense of Congress
that the recommendations contained in the report should be carefully
considered for future legislative action.
(c) Prohibition on Ground Military Operations.--Nothing in this
section shall be construed to permit a military operation to be
conducted on the ground in a covered wilderness study area in the Utah
Test and Training Range.
(d) Communications and Tracking Systems.--Nothing in this section
shall be construed to prevent any required maintenance of existing
communications, instrumentation, or electronic tracking systems (or the
infrastructure supporting such systems) necessary for effective testing
and training to meet military requirements in the Utah Test and Training
Range.
SEC. 316. COMPTROLLER GENERAL STUDY AND REPORT ON ALTERNATIVE
TECHNOLOGIES TO DECONTAMINATE GROUNDWATER AT DEPARTMENT OF
DEFENSE INSTALLATIONS.
(a) Comptroller General Study.--The Comptroller General shall
conduct a study to determine whether 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, used to respond to groundwater
contamination.
(b) Elements of Study.--In conducting the study under subsection
(a), the Comptroller General shall--
(1) identify current technologies being used or field tested
by the Department of Defense to treat groundwater at Department
installations;
(2) identify cost-effective technologies for the cleanup of
groundwater contamination that--
(A) are being researched, are under development by
commercial vendors, or are available commercially and
being used outside the Department; and
(B) have potential for use by the Department to
address groundwater contamination;
(3) evaluate the potential benefits and limitations of using
the technologies identified under paragraphs (1) and (2); and
(4) consider the barriers, such as cost, capability, or
legal restrictions, to using the technologies identified under
paragraph (2).
[[Page 118 STAT. 1844]]
(c) Report Required.--Not later than April 1, 2005, the Comptroller
General shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report containing the results of the study, including information
regarding the matters specified in subsection (b) and any
recommendations, including recommendations for administrative or
legislative action, that the Comptroller General considers appropriate.
SEC. 317. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING WATER
CONTAMINATION AND RELATED HEALTH EFFECTS AT CAMP LEJEUNE,
NORTH CAROLINA.
(a) Study.--The Comptroller General shall conduct a study on
drinking water contamination and related health effects at Camp Lejeune,
North Carolina. The study shall consist of the following:
(1) A study of the history of drinking water contamination
at Camp Lejeune to determine, to the extent practical--
(A) what contamination has been found in the
drinking water;
(B) the source of such contamination and when it may
have begun; and
(C) what actions have been taken to address such
contamination.
(2) An assessment of the study on the possible health
effects associated with the drinking of contaminated drinking
water at Camp Lejeune as proposed by the Agency for Toxic
Substances and Disease Registry of the Department of Health and
Human Services, including whether the proposed study--
(A) will address the appropriate at-risk
populations;
(B) will encompass an appropriate timeframe;
(C) will consider all relevant health effects; and
(D) can be completed on an expedited basis without
compromising its quality.
(b) Authority To Use Experts.--The Comptroller General may use
experts in conducting the study required by subsection (a). Any such
experts shall be independent, highly qualified, and knowledgeable in the
matters covered by the study.
(c) Participation by Other Interested Parties.--In 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
contaminated, have the opportunity to submit information and views on
the matters covered by the study.
(d) Construction With ATSDR Study.--The requirement under subsection
(a)(2) that the Comptroller General conduct an assessment of the study
proposed by the Agency for Toxic Substances and Disease Registry, as
described in such subsection, may not be construed as a basis for the
delay of that study. The assessment is intended to provide an
independent review of the appropriateness and credibility of the study
proposed by the Agency and to identify possible improvements in the plan
or implementation of the study proposed by the Agency.
(e) Report.--(1) Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the study required by
subsection (a), including such recommendations as the
[[Page 118 STAT. 1845]]
Comptroller General considers appropriate for further study or for
legislative or other action.
(2) Recommendations under paragraph (1) may include recommendations
for modifications or additions to the study proposed by the Agency for
Toxic Substances and Disease Registry, as described in subsection
(a)(2), in order to improve the study.
SEC. 318. SENSE OF CONGRESS REGARDING PERCHLORATE CONTAMINATION OF
GROUND AND SURFACE WATER FROM DEPARTMENT OF DEFENSE
ACTIVITIES.
It is the sense of Congress that the Secretary of Defense should--
(1) develop a plan for the remediation of perchlorate
contamination resulting from the activities of the Department of
Defense to ensure that the Department is prepared to respond
quickly and appropriately once the United States establishes a
drinking water standard for perchlorate;
(2) continue remediation activities for perchlorate
contamination at those sites where perchlorate contamination
poses an imminent and substantial endangerment to public health
and welfare and where the Department is undertaking site-
specific remedial action as of the date of the enactment of this
Act;
(3) develop a plan for the remediation of perchlorate
contamination resulting from the activities of the Department of
Defense in cases in which, notwithstanding the lack of a
drinking water standard for perchlorate, such contamination is
present in ground or surface water at levels that the Secretary
of Defense determines pose a hazard to human health; and
(4) continue the process of evaluating and prioritizing
perchlorate contamination sites without waiting for the
establishment of the Federal drinking water standard for
perchlorate.
Subtitle C--Workplace and Depot Issues
SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING
FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR WORKLOADS.
Subsection (d) of section 2466 of title 10, United States Code, is
amended to read as follows:
``(d) Annual Report and Review.--(1) Not later than April 1 of each
year, the Secretary of Defense shall submit to Congress a report
identifying, for each of the armed forces (other than the Coast Guard)
and each Defense Agency, the percentage of the funds referred to in
subsection (a) that was expended during the preceding fiscal year, and
are projected to be expended during the current fiscal year and the
ensuing fiscal year, for performance of depot-level maintenance and
repair workloads by the public and private sectors.
``(2) Not later than 90 days after the date on which the Secretary
submits a report under paragraph (1), the Comptroller General shall
submit to Congress the Comptroller General's views on whether--
[[Page 118 STAT. 1846]]
``(A) the Department of Defense complied with the
requirements of subsection (a) during the preceding fiscal year
covered by the report; and
``(B) the expenditure projections for the current fiscal
year and the ensuing fiscal year are reasonable.''.
SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING MANAGEMENT
OF DEPOT EMPLOYEES.
(a) Repeal.--Section 2472 of title 10, United States Code, is
amended--
(1) by striking ``(a) Prohibition on Management by End
Strength.--''; and
(2) by striking subsection (b).
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 2472. Prohibition on management of depot employees by end
strength''.
(2) The table of sections at the beginning of chapter 146 of such
title is amended by striking the item relating to section 2472 and
inserting the following new item:
``2472. Prohibition on management of depot employees by end strength.''.
SEC. 323. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN EXPENDITURES
INCURRED IN OPERATION 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''.
SEC. 324. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE OF SECURITY-
GUARD FUNCTIONS.
(a) Conditional Extension of Authority.--Subsection (c) of section
332 of the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2513) is amended--
(1) by inserting ``(1)'' after ``Authority.--''; and
(2) by striking ``at the end of the three-year period'' and
all that follows through the period at the end of the subsection
and inserting the following: ``at the end of September 30, 2006,
except that such authority shall not be in effect after December
1, 2005, if the Secretary fails to submit to Congress the plan
required by subsection (d)(4), until the date on which the
Secretary submits the plan.
``(2) No security-guard functions may be performed under any
contract entered into using the authority provided under this section
during any period in which the authority for contractor performance of
security-guard functions under this section is not in effect under
paragraph (1). The term of any contract entered into using such
authority may not extend beyond September 30, 2006.''.
(b) Reaffirmation and Revision of Reporting Requirement.--Subsection
(d) of such section is amended to read as follows:
``(d) Report and Plan Required.--Not later than December 1, 2005,
the Secretary of Defense shall submit to the congressional defense
committees a report that--
``(1) identifies each contract for the performance of
security-guard functions entered into on or before September 30,
2004,
[[Page 118 STAT. 1847]]
pursuant to the authority provided by subsection (a), including
information regarding--
``(A) each installation at which such security-guard
functions are performed or are to be performed;
``(B) the period and amount of such contract;
``(C) the number of security guards employed or to
be employed under such contract;
``(D) whether the contract was awarded pursuant to
full and open competition; and
``(E) the actions taken or to be taken within the
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;
``(2) identifies, for each military installation at which
such authority was used or is expected to be used, any
requirements for the performance of security-guard functions
described in subsection (a) that are expected to continue after
the date on which such authority expires;
``(3) identifies any limitation or constraint on the end
strength of the civilian workforce of the Department of Defense
that makes it difficult to meet requirements identified under
paragraph (2) by hiring personnel as civilian employees of the
Department of Defense; and
``(4) includes a plan for meeting such requirements, in a
manner consistent with applicable law, on a long-term basis.''.
SEC. 325. <<NOTE: 10 USC 2461 note.>> PILOT PROGRAM FOR PURCHASE OF
CERTAIN MUNICIPAL SERVICES FOR ARMY INSTALLATIONS.
(a) Pilot Program Authorized.--The Secretary of Army may carry out a
pilot program to procure one or more of the municipal services specified
in subsection (b) for an Army installation from a county or municipality
in which the installation is located for the purpose of evaluating the
efficacy of procuring such services rather than providing them directly.
(b) Services Authorized for Procurement.--Only the following
services may be procured for a military installation participating in
the pilot program:
(1) Refuse collection.
(2) Refuse disposal.
(3) Library services.
(4) Recreation services.
(5) Facility maintenance and repair.
(6) Utilities.
(c) Participating Installations.--Not more than two Army
installations may be selected to participate in the pilot program, and
only installations located in the United States are eligible for
selection.
(d) Congressional Notification.--The Secretary may not enter into a
contract under the pilot program for the procurement of municipal
services until the Secretary notifies the congressional defense
committees of the proposed contract and a period of 14 days elapses from
the date the notification is received by the committees.
(e) Implementation Report.--(1) Not later than February 1, 2007, the
Secretary shall submit to the congressional defense committees and the
Comptroller General a report describing the implementation of the pilot
program, evaluating the efficacy of
[[Page 118 STAT. 1848]]
procuring municipal services for participating installations from local
counties or municipalities, and containing any recommendations that the
Secretary considers appropriate regarding expansion or alteration of the
program.
(2) The Comptroller General shall submit to the congressional
defense committees an assessment of the findings and recommendations
contained in the report submitted under paragraph (1).
(f) Termination of Pilot Program.--The pilot program shall terminate
on September 30, 2010. Any contract entered into under the pilot program
shall terminate not later than that date.
SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF
MANAGEMENT AND BUDGET CIRCULAR A-76.
(a) Treatment of Agency Tender Official as Interested Party.--
Section 3551(2) of title 31, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following new subparagraph:
``(B) The term includes the official responsible for
submitting the Federal agency tender in a public-private
competition conducted under Office of Management and Budget
Circular A-76 regarding an activity or function of a Federal
agency performed by more than 65 full-time equivalent employees
of the Federal agency.''.
(b) Filing of Protest on Behalf of Federal Employees.--Section 3552
of such title is amended--
(1) by inserting ``(a)'' before ``A protest''; and
(2) by adding at the end the following new subsection:
``(b)(1) In the case of an agency tender official who is an
interested party under section 3551(2)(B) of this title, the official
may file a protest in connection with the public-private competition for
which the official is an interested party. At the request of a majority
of the employees of the Federal agency who are engaged in the
performance of the activity or function subject to such public-private
competition, the official shall file a protest in connection with such
public-private competition unless the official determines that there is
no reasonable basis for the protest.
``(2) The determination of an agency tender official under paragraph
(1) whether or not to file a protest is not subject to administrative or
judicial review. An agency tender official shall provide written
notification to Congress whenever the official makes a determination
under paragraph (1) that there is no reasonable basis for a protest.''.
(c) Intervention in Protest.--Section 3553 of such title is amended
by adding at the end the following new subsection:
``(g) If an interested party files a protest in connection with a
public-private competition described in section 3551(2)(B) of this
title, a person representing a majority of the employees of the Federal
agency who are engaged in the performance of the activity or function
subject to the public-private competition may intervene in protest.''.
(d) <<NOTE: 31 USC 3551 note.>> Applicability.--The amendments made
by this section shall apply to protests filed under subchapter V of
chapter 35 of title 31, United States Code, that relate to studies
initiated under Office of Management and Budget Circular A-76 on or
after the end of the 90-day period beginning on the date of the
enactment of this Act.
[[Page 118 STAT. 1849]]
(e) <<NOTE: 31 USC 3551 note.>> Rule of Construction.--The
amendments made by this section shall not be construed to authorize the
use of a protest under subchapter V of chapter 35 of title 31, United
States Code, with regard to a decision made by an agency tender
official.
SEC. 327. <<NOTE: 10 USC 2461 note.>> LIMITATIONS ON CONVERSION OF WORK
PERFORMED BY DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES TO
CONTRACTOR PERFORMANCE.
(a) Required Cost-Savings Threshold for Conversion.--If a public-
private competition conducted under the Office of Management and Budget
Circular A-76 dated May 29, 2003 (68 Fed. Reg. 32134), regarding an
activity or function performed by civilian employees of the Department
of Defense is required to include a formal comparison of the cost of
civilian employee performance of the activity or function with the cost
of contractor performance, the Secretary of Defense shall maintain the
continued performance of the activity or function by civilian employees
unless the competitive sourcing official determines that, over all
performance periods stated in the solicitation of offers for performance
of the activity or function, the cost of performance of the activity or
function by a contractor would be less costly to the Department of
Defense by an amount that equals or exceeds the lesser of the following:
(1) $10,000,000.
(2) 10 percent of the most efficient organization's
personnel-related costs for performance of the activity or
function by civilian employees.
(b) Prohibition on Modification of Functions to Permit Streamlined
A-76 Study.--The Secretary of Defense shall ensure that no organization,
function, or activity of the Department of Defense is consolidated,
restructured, reengineered, or otherwise modified in any way for the
purpose of exempting any public-private competition conducted under the
Office of Management and Budget Circular A-76 dated May 29, 2003 (68
Fed. Reg. 32134), regarding a commercial or industrial type function of
the Department of Defense from the requirement to formally compare, in
accordance with such Circular, the cost of civilian employee performance
of the function with the cost of contractor performance.
(c) Exception.--Subsection (a) does not apply in the case of a
public-private competition conducted as part of the best-value source
selection pilot program authorized by section 336 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
U.S.C. 2461 note).
SEC. 328. COMPETITIVE SOURCING REPORTING REQUIREMENT.
Not later than February 1, 2005, the Inspector General of the
Department of Defense shall submit to Congress a report addressing
whether the Department of Defense--
(1) employs a sufficient number of adequately trained
civilian employees--
(A) to conduct satisfactorily, taking into account
equity, efficiency and expeditiousness, all of the
public-private competitions that are scheduled to be
undertaken by the Department of Defense during the next
fiscal year (including a sufficient number of employees
to formulate satisfactorily the performance work
statements and most efficient organization plans for the
purposes of such competitions); and
[[Page 118 STAT. 1850]]
(B) to administer any resulting contracts; and
(2) has implemented a comprehensive and reliable system to
track and assess the cost and quality of the performance of
functions of the Department of Defense by service contractors.
Subtitle D--Information Technology
SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR TRANSITION TO
INTERNET PROTOCOL VERSION 6.
(a) Transition Plan Required.--The Secretary of Defense shall
prepare a plan detailing the Department of Defense strategy to provide
for the transition of the Department's information technology systems to
Internet Protocol version 6 from the present use of Internet Protocol
version 4 and other network protocols. In preparing the transition plan,
the Secretary shall compare private industry plans for the transition to
Internet Protocol version 6.
(b) Elements of Plan.--The transition plan required by subsection
(a) shall include the following:
(1) An outline of the networking and security system
equipment that will need to be replaced in the transition,
including the timing and costs of such replacement.
(2) An assessment of how the current and new networks and
security systems will be managed.
(3) An assessment of the potential impact of the transition,
including an overall cost estimate for the transition and an
estimate of the costs to be incurred by each of the military
departments and the Defense Agencies.
(4) Any measures proposed to alleviate any adverse effects
of the transition.
(c) Testing and Evaluation for Internet Protocol.--To determine
whether a change to the use of Internet Protocol version 6 will support
Department of Defense requirements, the Secretary of Defense shall
provide for rigorous, real-world, end-to-end testing of Internet
Protocol version 6, as proposed for use by the Department, to evaluate
the following:
(1) The ability of Internet Protocol version 6, with its
``best effort'' quality of service, to satisfactory support the
Department's multiple applications and other information
technology systems, including the use of Internet Protocol
version 6 over bandwidth-constrained tactical circuits.
(2) The ability of the Department's networks using Internet
Protocol version 6 to respond to, and perform under, heavy
loading of the core networks.
(d) Reports on Plan and Test Results.--(1) Not later than March 31,
2005, the Secretary of Defense shall submit to the congressional defense
committees a report containing the transition plan prepared under
subsection (a).
(2) Not later than September 30, 2005, the Director of Operational
Test and Evaluation shall submit to the congressional defense committees
a report containing an update on the continuing test program and any
test results.
[[Page 118 STAT. 1851]]
SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, SYSTEM
ACCOUNTABILITY, AND CONDITIONS FOR OBLIGATION OF FUNDS FOR
DEFENSE BUSINESS SYSTEM MODERNIZATION.
(a) In General.--(1) Chapter 131 of title 10, United States Code, is
amended by inserting before section 2223 the following new section:
``Sec. 2222. Defense business systems: architecture, accountability, and
modernization
``(a) Conditions for Obligation of Funds for Defense Business System
Modernization.--Effective <<NOTE: Effective date.>> October 1, 2005,
funds appropriated to the Department of Defense may not be obligated for
a defense business system modernization that will have a total cost in
excess of $1,000,000 unless--
``(1) the approval authority designated for the defense
business system certifies to the Defense Business Systems
Management Committee established by section 186 of this title
that the defense business system modernization--
``(A) is in compliance with the enterprise
architecture developed under subsection (c);
``(B) is necessary to achieve a critical national
security capability or address a critical requirement in
an area such as safety or security; or
``(C) is necessary to prevent a significant adverse
effect on a project that is needed to achieve an
essential capability, taking into consideration the
alternative solutions for preventing such adverse
effect; and
``(2) the certification by the approval authority is
approved by the Defense Business Systems Management Committee.
``(b) Obligation of Funds in Violation of Requirements.--The
obligation of Department of Defense funds for a business system
modernization in excess of the amount specified in subsection (a) that
has not been certified and approved in accordance with such subsection
is a violation of section 1341(a)(1)(A) of title 31.
``(c) Enterprise Architecture for Defense Business Systems.--Not
later than <<NOTE: Deadline.>> September 30, 2005, the Secretary of
Defense, acting through the Defense Business Systems Management
Committee, shall develop--
``(1) an enterprise architecture to cover all defense
business systems, and the functions and activities supported by
defense business systems, which shall be sufficiently defined to
effectively guide, constrain, and permit implementation of
interoperable defense business system solutions and consistent
with the policies and procedures established by the Director of
the Office of Management and Budget, and
``(2) a transition plan for implementing the enterprise
architecture for defense business systems.
``(d) Composition of Enterprise Architecture.--The defense business
enterprise architecture developed under subsection (c)(1) shall include
the following:
``(1) An information infrastructure that, at a minimum,
would enable the Department of Defense to--
``(A) comply with all Federal accounting, financial
management, and reporting requirements;
``(B) routinely produce timely, accurate, and
reliable financial information for management purposes;
[[Page 118 STAT. 1852]]
``(C) integrate budget, accounting, and program
information and systems; and
``(D) provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
``(2) Policies, procedures, data standards, and system
interface requirements that are to apply uniformly throughout
the Department of Defense.
``(e) Composition of Transition Plan.--(1) The transition plan
developed under subsection (c)(2) shall include the following:
``(A) The acquisition strategy for new systems that are
expected to be needed to complete the defense business
enterprise architecture.
``(B) A listing of the defense business systems as of
December 2, 2002 (known as `legacy systems'), that will not be
part of the objective defense business enterprise architecture,
together with the schedule for terminating those legacy systems
that provides for reducing the use of those legacy systems in
phases.
``(C) A listing of the legacy systems (referred to in
subparagraph (B)) that will be a part of the objective defense
business system, together with a strategy for making the
modifications to those systems that will be needed to ensure
that such systems comply with the defense business enterprise
architecture.
``(2) Each of the strategies under paragraph (1) shall include
specific time-phased milestones, performance metrics, and a statement of
the financial and nonfinancial resource needs.
``(f) Approval Authorities and Accountability for Defense Business
Systems.--The Secretary of Defense shall delegate responsibility for
review, approval, and oversight of the planning, design, acquisition,
deployment, operation, maintenance, and modernization of defense
business systems as follows:
``(1) The Under Secretary of Defense for Acquisition,
Technology and Logistics shall be responsible and accountable
for any defense business system the primary purpose of which is
to support acquisition activities, logistics activities, or
installations and environment activities of the Department of
Defense.
``(2) The Under Secretary of Defense (Comptroller) shall be
responsible and accountable for any defense business system the
primary purpose of which is to support financial management
activities or strategic planning and budgeting activities of the
Department of Defense.
``(3) The Under Secretary of Defense for Personnel and
Readiness shall be responsible and accountable for any defense
business system the primary purpose of which is to support human
resource management activities of the Department of Defense.
``(4) The Assistant Secretary of Defense for Networks and
Information Integration and the Chief Information Officer of the
Department of Defense shall be responsible and accountable for
any defense business system the primary purpose of which is to
support information technology infrastructure or information
assurance activities of the Department of Defense.
``(5) The Deputy Secretary of Defense or an Under Secretary
of Defense, as designated by the Secretary of Defense, shall be
responsible for any defense business system the primary
[[Page 118 STAT. 1853]]
purpose of which is to support any activity of the Department of
Defense not covered by paragraphs (1) through (4).
``(g) Defense Business System Investment Review.--(1) The Secretary
of Defense shall require each approval authority designated under
subsection (f) to establish, not later than March 15, 2005, an
investment review process, consistent with section 11312 of title 40, to
review the planning, design, acquisition, development, deployment,
operation, maintenance, modernization, and project cost benefits and
risks of all defense business systems for which the approval authority
is responsible. The investment review process so established shall
specifically address the responsibilities of approval authorities under
subsection (a).
``(2) The review of defense business systems under the investment
review process shall include the following:
``(A) Review and approval by an investment review board of
each defense business system as an investment before the
obligation of funds on the system.
``(B) Periodic review, but not less than annually, of every
defense business system investment.
``(C) Representation on each investment review board by
appropriate officials from among the armed forces, combatant
commands, the Joint Chiefs of Staff, and Defense Agencies.
``(D) Use of threshold criteria to ensure an appropriate
level of review within the Department of Defense of, and
accountability for, defense business system investments
depending on scope, complexity, and cost.
``(E) Use of procedures for making certifications in
accordance with the requirements of subsection (a).
``(F) Use of procedures for ensuring consistency with the
guidance issued by the Secretary of Defense and the Defense
Business Systems Management Committee, as required by section
186(c) of this title, and incorporation of common decision
criteria, including standards, requirements, and priorities that
result in the integration of defense business systems.
``(h) Budget Information.--In the materials that the Secretary
submits to Congress in support of the budget submitted to Congress under
section 1105 of title 31 for fiscal year 2006 and fiscal years
thereafter, the Secretary of Defense shall include the following
information:
``(1) Identification of each defense business system for
which funding is proposed in that budget.
``(2) Identification of all funds, by appropriation,
proposed in that budget for each such system, including--
``(A) funds for current services (to operate and
maintain the system); and
``(B) funds for business systems modernization,
identified for each specific appropriation.
``(3) For each such system, identification of the official
to whom authority for such system is delegated under subsection
(f).
``(4) For each such system, a description of each
certification made under subsection (d) with regard to such
system.
``(i) Congressional Reports.--Not later than March 15 of each year
from 2005 through 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on Department of Defense
compliance with the requirements of this section. The first report shall
define plans and commitments for meeting
[[Page 118 STAT. 1854]]
the requirements of subsection (a), including specific milestones and
performance measures. Subsequent reports shall--
``(1) describe actions taken and planned for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance
against specified performance measures, and any revision
of such milestones and performance measures; and
``(B) specific actions on the defense business
system modernizations submitted for certification under
such subsection;
``(2) identify the number of defense business system
modernizations so certified;
``(3) identify any defense business system modernization
with an obligation in excess of $1,000,000 during the preceding
fiscal year that was not certified under subsection (a), and the
reasons for the waiver; and
``(4) discuss specific improvements in business operations
and cost savings resulting from successful defense business
systems modernization efforts.
``(j) Definitions.--In this section:
``(1) The term `approval authority', with respect to a
defense business system, means the Department of Defense
official responsible for the defense business system, as
designated by subsection (f).
``(2) The term `defense business system' means an
information system, other than a national security system,
operated by, for, or on behalf of the Department of Defense,
including financial systems, mixed systems, financial data
feeder systems, and information technology and information
assurance infrastructure, used to support business activities,
such as acquisition, financial management, logistics, strategic
planning and budgeting, installations and environment, and human
resource management.
``(3) The term `defense business system modernization'
means--
``(A) the acquisition or development of a new
defense business system; or
``(B) any significant modification or enhancement of
an existing defense business system (other than
necessary to maintain current services).
``(4) The term `enterprise architecture' has the meaning
given that term in section 3601(4) of title 44.
``(5) The terms `information system' and `information
technology' have the meanings given those terms in section 11101
of title 40.
``(6) The term `national security system' has the meaning
given that term in section 2315 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting before the item relating to section 2223 the
following new item:
``2222. Defense business systems: architecture, accountability, and
modernization.''.
(b) Defense Business System Management Committee.--(1) Chapter 7 of
such title is amended by adding at the end the following new section:
[[Page 118 STAT. 1855]]
``Sec. 186. Defense Business System Management Committee
``(a) Establishment.--The Secretary of Defense shall establish a
Defense Business Systems Management Committee, to be composed of the
following persons:
``(1) The Deputy Secretary of Defense.
``(2) The Under Secretary of Defense for Acquisition,
Logistics, and Technology.
``(3) The Under Secretary of Defense for Personnel and
Readiness.
``(4) The Under Secretary of Defense (Comptroller).
``(5) The Assistant Secretary of Defense for Networks and
Information Integration.
``(6) The Secretaries of the military departments and the
heads of the Defense Agencies.
``(7) Such additional personnel of the Department of Defense
(including personnel assigned to the Joint Chiefs of Staff and
combatant commands) as are designated by the Secretary of
Defense.
``(b) Chairman and Vice Chairman.--The Deputy Secretary of Defense
shall serve as the chairman of the Committee. The Secretary of Defense
shall designate one of the officials specified in paragraphs (2) through
(5) of subsection (a) as the vice chairman of the Committee, who shall
act as chairman in the absence of the Deputy Secretary of Defense.
``(c) Duties.--(1) In addition to any other matters assigned to the
Committee by the Secretary of Defense, the Committee shall--
``(A) recommend to the Secretary of Defense policies and
procedures necessary to effectively integrate the requirements
of section 2222 of this title into all business activities and
any transformation, reform, reorganization, or process
improvement initiatives undertaken within the Department of
Defense;
``(B) review and approve any major update of the defense
business enterprise architecture developed under subsection (b)
of section 2222 of this title, including evolving the
architecture, and of defense business systems modernization
plans; and
``(C) manage cross-domain integration consistent with such
enterprise architecture.
``(2) The Committee shall be responsible for coordinating defense
business system modernization initiatives to maximize benefits and
minimize costs for the Department of Defense and periodically report to
the Secretary on the status of defense business system modernization
efforts.
``(3) The Committee shall ensure that funds are obligated for
defense business system modernization in a manner consistent with
section 2222 of this title.
``(c) Definitions.--In this section, the terms `defense business
system' and `defense business system modernization' have the meanings
given such terms in section 2222 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``186. Defense Business System Management Committee.''.
(c) Implementation Requirements.--Not <<NOTE: Deadline. 10 USC 186
note.>> later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall--
[[Page 118 STAT. 1856]]
(1) complete the delegation of responsibility for the
review, approval, and oversight of the planning, design,
acquisition, deployment, operation, maintenance, and
modernization of defense business systems required by subsection
(f) of section 2222 of title 10, United States Code, as added by
subsection (a)(1); and
(2) designate a vice chairman of the Defense Business System
Management Committee, as required by subsection (b) of section
186 of such title, as added by subsection (b)(1).
(d) Comptroller General Assessment.--Not later than 60 days after
the date on which the Secretary of Defense approves the defense business
enterprise architecture and transition plan developed under section 2222
of title 10, United States Code, as added by subsection (a)(1), and
again each year not later than 60 days after the submission of the
annual report required under subsection (i), the Comptroller General
shall submit to the congressional defense committees an assessment of
the extent to which the actions taken by the Department comply with the
requirements of such section.
(e) Relation to Annual Registration Requirements.--Nothing in
sections 186 and 2222 of title 10, United States Code, as added by this
section, shall be construed to alter the requirements of section 8083 of
the Department of Defense Appropriations Act, 2005 (Public Law 108-287;
118 Stat. 989), with regard to information technology systems (as
defined in subsection (d) of such section).
(f) Repeal of Obsolete Financial Management Enterprise Architecture
Requirements.--Section 1004 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C.
113 note) is repealed.
SEC. 333. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL INFORMATION
GRID BANDWIDTH EXPANSION (GIG-BE).
(a) Report Required.--Not later that 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on a test program to
demonstrate the maturity and effectiveness of the Global Information
Grid-Bandwidth Expansion (hereinafter in this section referred to as
``GIG-BE'').
(b) Content of Report.--In the report under subsection (a), the
Secretary of Defense shall include the following:
(1) The Secretary's determination as to whether the results
of the test program described in subsection (a) demonstrate
compliance of the GIG-BE architecture with the overall goals of
the GIG-BE program.
(2) Identification of--
(A) the extent to which the GIG-BE architecture does
not meet the overall goals of the GIG-BE program; and
(B) the components of that architecture that are not
yet sufficiently developed to achieve the overall goals
of that program.
(3) A plan for achieving compliance referred to in paragraph
(1), together with cost estimates for carrying out that plan.
(4) Documentation of the equipment and network configuration
used in the test program to demonstrate real-world scenarios for
the operation of the GIG-BE within the continental United
States.
[[Page 118 STAT. 1857]]
Subtitle E--Extensions of Program Authorities
SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DEFENSE TELECOMMUNICATIONS
BENEFIT.
Section 344(c) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1448) is amended by striking
``September 30, 2004'' and inserting ``September 30, 2006''.
SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) Duration of Program.--Subsection (a) of section 343 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 10 U.S.C. 4551 note) is amended
by striking ``2004'' and inserting ``2008''.
(b) Additional Report Required.--Subsection (g) of such section is
amended--
(1) in paragraph (1), by striking ``2004'' and inserting
``2008''; and
(2) in paragraph (2), by striking ``2003'' and inserting
``2007''.
SEC. 343. TWO-YEAR EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
Section 391 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note) is amended--
(1) in subsection (f), by striking ``September 30, 2004''
and inserting ``September 30, 2006''; and
(2) by adding at the end the following new subsection:
``(g) Reporting Requirement.--Not later than February 1, 2006, the
Secretary of Defense shall submit to Congress a report on the pilot
program, including--
``(1) a description of the extent to which commercial firms
have been used to provide the services specified in subsection
(b) and the type of services procured;
``(2) a description of any problems that have limited the
ability of the Secretary to utilize the pilot program to procure
such services; and
``(3) the recommendation of the Secretary regarding whether
the pilot program should be made permanent or extended beyond
September 30, 2006.''.
Subtitle F--Other Matters
SEC. 351. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR HEALTH
EQUIPMENT PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES
DEPLOYED IN CONTINGENCY OPERATIONS.
(a) Reimbursement Required.--The Secretary of Defense shall
reimburse a member of the Armed Forces for the cost (including any
shipping cost) of any protective, safety, or health equipment that was
purchased by the member or by another person on behalf of the member for
the personal use of the member in anticipation of, or during, the
deployment of the member in connection with
[[Page 118 STAT. 1858]]
Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi
Freedom, but only if--
(1) the Secretary of Defense certifies that the protective,
safety, or health equipment was critical to the protection,
safety, or health of the member;
(2) the member was not issued the protective, safety, or
health equipment before the member became engaged in operations
in areas or situations described in section 310(a)(2) of title
37, United States Code; and
(3) the protective, safety, or health equipment was
purchased by the member during the period beginning on September
11, 2001, and ending on July 31, 2004.
(b) Amount of Reimbursement.--The amount of reimbursement provided
under subsection (a) per item of protective, safety, or health equipment
purchased by a member of the Armed Forces may not exceed $1,100.
(c) Submission of Reimbursement Claims.--Claims for reimbursement
for the cost of protective, safety, or health equipment purchased by a
member of the Armed Forces shall be submitted to the Secretary of
Defense under this section not later than one year after the date on
which the implementing rules required by subsection (d) take effect.
(d) <<NOTE: Deadline.>> Rulemaking.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense shall
issue rules to expedite the provision of reimbursement under subsection
(a). In conducting such rulemaking, the Secretary shall address the
circumstances under which the United States will assume title or
ownership of any protective, safety, or health equipment for which
reimbursement is made.
SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF MID-RANGE
FINANCIAL IMPROVEMENT PLAN PENDING REPORT.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 2005 for operation and maintenance may not be obligated
for the purpose of preparing or implementing the Mid-Range Financial
Improvement Plan until the Secretary of Defense submits to the
congressional defense committees a report containing the following:
(1) A determination that the enterprise architecture for
defense business systems and the transition plan for
implementing the enterprise architecture have been developed, as
required by subsection (c) of section 2222 of title 10, United
States Code, as added by section 332(a).
(2) An explanation of the manner in which the operation and
maintenance funds will be used for each of the military
departments and the Defense Agencies to prepare or implement the
Mid-Range Financial Improvement Plan during that fiscal year.
(3) An estimate of the costs for future fiscal years for
each of the military departments and the Defense Agencies to
prepare and implement the Mid-Range Financial Improvement Plan.
[[Page 118 STAT. 1859]]
SEC. 353. PILOT PROGRAM TO AUTHORIZE ARMY WORKING-CAPITAL FUNDED
FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY
ENTITIES.
(a) Cooperative Arrangements Authorized.--Chapter 433 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 4544. Army industrial facilities: cooperative activities with
non-Army entities
``(a) Cooperative Arrangements Authorized.--A working-capital funded
Army industrial facility may enter into a contract or other cooperative
arrangement with a non-Army entity to carry out with the non-Army entity
a military or commercial project described in subsection (b), subject to
the conditions prescribed in subsection (c).
``(b) Authorized Activities.--A cooperative arrangement entered into
by an Army industrial facility under subsection (a) may provide for any
of the following activities:
``(1) The sale of articles manufactured by the facility or
services performed by the facility to persons outside the
Department of the Army.
``(2) The performance of work by a non-Army entity at the
facility.
``(3) The performance of work by the facility for a non-Army
entity.
``(4) The sharing of work by the facility and a non-Army
entity.
``(5) The leasing, or use under a facilities use contract or
otherwise, of the facility (including excess capacity) or
equipment (including excess equipment) of the facility by a non-
Army entity.
``(6) The preparation and submission of joint offers by the
facility and a non-Army entity for competitive procurements
entered into with Federal agency.
``(c) Conditions.--An activity authorized by subsection (b) may be
carried out at an Army industrial facility under a cooperative
arrangement entered into under subsection (a) only under the 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 performance of--
``(A) work by the facility for the Department of
Defense; or
``(B) a military mission of the facility.
``(3) The activity meets one of the following objectives:
``(A) Maximized utilization of the capacity of the
facility.
``(B) Reduction or elimination of the cost of
ownership of the facility.
``(C) Reduction in the cost of manufacturing or
maintaining Department of Defense products at the
facility.
``(D) Preservation of skills or equipment related to
a core competency of the facility.
[[Page 118 STAT. 1860]]
``(4) The non-Army entity agrees to hold harmless and
indemnify the United States from any liability or claim for
damages or injury to any person or property arising out of the
activity, including any damages or injury arising out of a
decision by the Secretary of the Army or the Secretary of
Defense to suspend or terminate an activity, or any portion
thereof, during a war or national emergency or to require the
facility to perform other work or provide other services on a
priority basis, except--
``(A) in any case of willful misconduct or gross
negligence; and
``(B) in the case of a claim by a purchaser of
articles or services under this section that damages or
injury arose from the failure of the United States to
comply with quality, schedule, or cost performance
requirements in the contract to carry out the activity.
``(d) Arangement Methods and Authorities.--To establish a
cooperative arrangement under subsection (a) with a non-Army entity, the
approval authority described in subsection (e) for an Army industrial
facility may--
``(1) enter into a firm, fixed-price contract (or, if agreed
to by the non-Army entity, a cost reimbursement contract) for a
sale of articles or services or use of equipment or facilities;
``(2) enter into a multiyear contract for a period not to
exceed five years, unless a longer period is specifically
authorized by law;
``(3) charge the non-Army entity the amounts necessary to
recover the full costs of the articles or services provided,
including capital improvement costs, and equipment depreciation
costs associated with providing the articles, services,
equipment, or facilities;
``(4) authorize the non-Army entity to use incremental
funding to pay for the articles, services, or use of equipment
or facilities; and
``(5) accept payment-in-kind.
``(e) Approval Authority.--The authority of an Army industrial
facility to enter into a cooperative arrangement under subsection (a)
shall be exercised at the level of the commander of the major
subordinate command of the Army that has responsibility for the
facility. The commander may approve such an arrangement on a case-by-
case basis or a class basis.
``(f) Commercial Sales.--Except in the case of work performed for
the Department of Defense, for a contract of the Department of Defense,
for foreign military sales, or for authorized foreign direct commercial
sales (defense articles or defense services sold to a foreign government
or international organization under export controls), a sale of articles
or services may be made under this section only if the approval
authority described in subsection (e) determines that the articles or
services are not available from a commercial source located in the
United States in the required quantity or quality, or within the time
required.
``(g) Exclusion From Depot-Level Maintenance and Repair Percentage
Limitation.--Amounts expended for the performance of a depot-level
maintenance and repair workload by non-Federal Government personnel at
an Army industrial facility shall not be counted for purposes of
applying the percentage limitation in section 2466(a) of this title if
the personnel are provided by a
[[Page 118 STAT. 1861]]
non-Army entity pursuant to a cooperative arrangement entered into under
subsection (a).
``(h) Relationship to Other Laws.--Nothing in this section shall be
construed to affect the application of--
``(1) foreign military sales and the export controls
provided for in sections 30 and 38 of the Arms Export Control
Act (22 U.S.C. 2770 and 2778) to activities of a cooperative
arrangement entered into under subsection (a); and
``(2) section 2667 of this title to leases of non-excess
property in the administration of such an arrangement.
``(i) Definitions.--In this section:
``(1) The term `Army industrial facility' includes an
ammunition plant, an arsenal, a depot, and a manufacturing
plant.
``(2) The term `non-Army entity' includes the following:
``(A) A Federal agency (other than the Department of
the Army).
``(B) An entity in industry or commercial sales.
``(C) A State or political subdivision of a State.
``(D) An institution of higher education or
vocational training institution.
``(3) The term `incremental funding' means a series of
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 a cooperative arrangement entered into
under subsection (a), means the variable costs and the fixed
costs that are directly related to the production of the
articles or the provision of the services.
``(5) The term `variable costs' means the costs that are
expected to fluctuate directly with the volume of sales or
services provided or the use of equipment or facilities.
``(j) Expiration of Authority.--The authority to enter into a
cooperative arrangement under subsection (a) expires September 30, 2009,
and arrangements entered into under such subsection shall terminate not
later than that date.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4544. Army industrial facilities: cooperative activities with non-Army
entities.''.
SEC. 354. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL PROPERTY TO
ASSIST FIREFIGHTING AGENCIES.
Section 2576b of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``may'' and inserting
``shall''; and
(2) in subsection (b), by striking ``may'' and inserting
``shall''.
[[Page 118 STAT. 1862]]
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty personnel end strengths for fiscal years 2005
through 2009.
Sec. 404. Exclusion of service academy permanent and career professors
from a limitation on certain officer grade strengths.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of Reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Accounting and management of reserve component personnel
performing active duty or full-time National Guard duty for
operational support.
Subtitle C--Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
Subtitle A--Active Forces
SEC. 401. <<NOTE: 10 USC 115 note.>> END STRENGTHS FOR ACTIVE FORCES.
(a) In General.--The Armed Forces are authorized strengths for
active duty personnel as of September 30, 2005, as follows:
(1) The Army, 502,400.
(2) The Navy, 365,900.
(3) The Marine Corps, 178,000.
(4) The Air Force, 359,700.
(b) Limitation.--(1) The authorized strength for the Army provided
in paragraph (1) of subsection (a) for active duty personnel for fiscal
year 2005 is subject to the condition that costs of active duty
personnel of the Army for that fiscal year in excess of 482,400 shall be
paid out of funds authorized to be appropriated for that fiscal year for
a contingent emergency reserve fund or as an emergency supplemental
appropriation.
(2) The authorized strength for the Marine Corps provided in
paragraph (3) of subsection (a) for active duty personnel for fiscal
year 2005 is subject to the condition that costs of active duty
personnel of the Marine Corps for that fiscal year in excess of 175,000
shall be paid out of funds authorized to be appropriated for that fiscal
year for a contingent emergency reserve fund or as an emergency
supplemental appropriation.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following:
``(1) For the Army, 502,400.
``(2) For the Navy, 365,900.
``(3) For the Marine Corps, 178,000.
``(4) For the Air Force, 359,700.''.
[[Page 118 STAT. 1863]]
SEC. 403. <<NOTE: 10 USC 115 note.>> ADDITIONAL AUTHORITY FOR INCREASES
OF ARMY ACTIVE DUTY PERSONNEL END STRENGTHS FOR FISCAL YEARS
2005 THROUGH 2009.
(a) Authority.--During fiscal years 2005 through 2009, the Secretary
of Defense is authorized to increase by up to 30,000 the end strength
authorized for the Army, and by up to 9,000 the end strength authorized
for the Marine Corps, above the levels authorized for those services in
the National Defense Authorization Act for Fiscal Year 2004, as
necessary--
(1) to support the operational mission of the Army
and Marine Corps in Iraq and Afghanistan; and
(2) with respect to end strengths for the Army, to
achieve transformational reorganization objectives of
the Army, including objectives for increased numbers of
combat brigades, unit manning, force stabilization and
shaping, and rebalancing of the active and reserve
component forces of the Army.
(b) Relationship to Presidential Waiver Authority.--Nothing in this
section shall be construed to limit the President's authority under
section 123a of title 10, United States Code, to waive any statutory end
strength in a time of war or national emergency.
(c) Relationship to Other Variance Authority.--The authority under
subsection (a) is in addition to the authority to vary authorized end
strengths that is provided in subsections (e) and (f) of section 115 of
title 10, United States Code.
(d) Budget Treatment.--(1) If the Secretary of Defense plans to
increase the Army or Marine Corps active duty end strength for a fiscal
year under subsection (a) of this section or pursuant to a suspension of
end-strength limitation under section 123a of title 10, United States
Code, then the budget for the Department of Defense for such fiscal year
as submitted to Congress shall specify the amounts necessary for funding
the active duty end strength of the Army in excess of 482,400 and the
Marine Corps in excess of 175,000 (the end strengths authorized for
active duty personnel of the Army and Marine Corps, respectively, for
fiscal year 2004 in paragraphs (1) and (3) of section 401 of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 117 Stat. 1450)).
(2) If the amount proposed for the Department of Defense for fiscal
year 2006 within budget function 050 (National Defense) includes amounts
necessary for funding an active duty end strength of the Army in excess
of 482,400, or an active duty end strength of the Marine Corps in excess
of 175,000, for that fiscal year, the specification of amounts necessary
for funding such end strength (as required under paragraph (1)) shall
include the following additional information:
(A) A display of the following amounts:
(i) The amount that is to be funded out of the
amounts proposed for the Department of Defense within
budget function 050 (National Defense) other than out of
amounts for the Army and Marine Corps.
(ii) The amount that is to be funded out of the
amounts proposed for the Army and Marine Corps within
budget function 050 (National Defense).
[[Page 118 STAT. 1864]]
(iii) The estimated amounts that are to be funded
out of emergency reserve funds and supplemental
appropriations for fiscal year 2006.
(B) A detailed justification for reliance on each funding
source described in subparagraph (A).
(C) A detailed discussion of which programs and plans of the
Army and Marine Corps funded in the proposed budget for fiscal
year 2006 must be modified if the funding sources relied on, as
presented under subparagraph (A), must be changed.
(D) The projected Army and Marine Corps active duty end
strengths for each of fiscal years 2006 through 2010, together
with a detailed enumeration of the component costs of the
projected end strengths for each such fiscal year.
SEC. 404. EXCLUSION OF SERVICE ACADEMY PERMANENT AND CAREER PROFESSORS
FROM A LIMITATION ON CERTAIN OFFICER GRADE STRENGTHS.
Section 523(b) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(8) Permanent professors of the United States Military
Academy and the United States Air Force Academy and professors
of the United States Naval Academy who are career military
professors (as defined in regulations prescribed by the
Secretary of the Navy), but not to exceed 50 from any such
academy.''.
Subtitle B--Reserve Forces
SEC. 411. <<NOTE: 10 USC 12001 note.>> END STRENGTHS FOR SELECTED
RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2005, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 83,400.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 76,100.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by subsection (a) for
the Selected Reserve of any reserve component shall be proportionately
reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized
[[Page 118 STAT. 1865]]
strengths of such units and by the total number of such individual
members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2005,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 26,602.
(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. <<NOTE: 10 USC 115 note.>> END STRENGTHS FOR MILITARY
TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2005 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 7,299.
(2) For the Army National Guard of the United States,
25,076.
(3) For the Air Force Reserve, 9,954.
(4) For the Air National Guard of the United States, 22,956.
SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--(1) Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-dual
status technicians employed by the National Guard as of September 30,
2005, may not exceed the following:
(A) For the Army National Guard of the United States, 1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by the Army
Reserve as of September 30, 2005, may not exceed 795.
(3) The number of non-dual status technicians employed by the Air
Force Reserve as of September 30, 2005, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE
DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2005, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time on
full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 10,300.
(2) The Army Reserve, 5,000.
(3) The Naval Reserve, 6,200.
(4) The Marine Corps Reserve, 2,500.
[[Page 118 STAT. 1866]]
(5) The Air National Guard of the United States, 10,100.
(6) The Air Force Reserve, 3,600.
SEC. 416. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT PERSONNEL
PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY FOR
OPERATIONAL SUPPORT.
(a) Strength Authorizations.--Section 115 of title 10, United States
Code, is amended--
(1) in subsection (a)(1)(A), by inserting ``unless on active
duty pursuant to subsection (b)'' after ``active-duty
personnel'';
(2) in subsection (a)(1)(B), by inserting ``unless on active
duty or full-time National Guard duty pursuant to subsection
(b)'' after ``reserve personnel'';
(3) by redesignating subsections (b), (c), (d), (e), (f),
(g) and (h) as subsections (c), (d), (e), (f), (g), (h) and (i),
respectively; and
(4) by inserting after subsection (a) the following new
subsection (b):
``(b) Certain Reserves on Active Duty To Be Authorized by Law.--(1)
Congress shall annually authorize the maximum number of members of a
reserve component permitted to be on active duty or full-time National
Guard duty at any given time who are called or ordered to--
``(A) active duty under section 12301(d) of this title for
the purpose of providing operational support, as prescribed in
regulation issued by the Secretary of Defense;
``(B) full-time National Guard duty under section 502(f)(2)
of title 32 for the purpose of providing operational support
when authorized by the Secretary of Defense;
``(C) active duty under section 12301(d) of this title or
full-time National Guard duty under section 502(f)(2) of title
32 for the purpose of preparing for and performing funeral
honors functions for funerals of veterans under section 1491 of
this title;
``(D) active duty or retained on active duty under sections
12301(g) of this title while in a captive status; or
``(E) active duty or retained on active duty under 12301(h)
or 12322 of this title for the purpose of medical evaluation or
treatment.
``(2) A member of a reserve component who exceeds either of the
following limits shall be included in the strength authorized under
subparagraph (A) or subparagraph (B), as appropriate, of subsection
(a)(1):
``(A) A call or order to active duty or full-time National
Guard duty that specifies a period greater than three years.
``(B) The cumulative periods of active duty and full-time
National Guard duty performed by the member exceed 1095 days in
the previous 1460 days.
``(3) In determining the period of active service under paragraph
(2), the following periods of active service performed by a member shall
not be included:
``(A) All periods of active duty performed by a member who
has not previously served in the Selected Reserve of the Ready
Reserve.
``(B) All periods of active duty or full-time National Guard
duty for which the member is exempt from strength accounting
under paragraphs (1) through (8) of subsection (i).''.
[[Page 118 STAT. 1867]]
(b) Limitation on Appropriations.--Subsection (c) of such section
(as redesignated by subsection (a)(3)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the use of reserve component personnel to perform
active duty or full-time National Guard duty under subsection
(b) unless the strength for such personnel for that reserve
component for that fiscal year has been authorized by law.''.
(c) Authority for Secretary of Defense Variances in Maximum
Strengths.--Subsection (f) of such section (as redesignated by
subsection (a)(3)) is amended--
(1) by striking ``End'' in the heading;
(2) by striking ``and'' at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) increase the maximum strength authorized pursuant to
subsection (b)(1) for a fiscal year for certain reserves on
active duty for any of the reserve components by a number equal
to not more than 10 percent of that strength.''.
(d) Conforming Amendments to Section 115.--Such section is further
amended as follows:
(1) Subsection (e) (as redesignated by subsection (a)(3)) is
amended--
(A) in paragraph (1), by striking ``subsection (a)
or (c)'' and inserting ``subsection (a) or (d)''; and
(B) in paragraph (2)--
(i) by striking ``subsections (a) and (c)'';
and inserting ``subsections (a) and (d)''; and
(ii) by striking ``pursuant to subsection (e))
and subsection (c)'' and inserting ``pursuant to
subsection (f)) and subsection (d)'' each place it
appears.
(2) Subsection (g) (as redesignated by subsection (a)(3)) is
amended by striking ``subsection (e)(1)'' in paragraph (2) and
inserting ``subsection (f)(1)''.
(3) Subsection (i) (as redesignated by subsection (a)(3)) is
amended to read as follows:
``(i) Certain Personnel Excluded From Counting for Active-Duty End
Strengths.--In counting personnel for the purpose of the end strengths
authorized pursuant to subsection (a)(1), persons in the following
categories shall be excluded:
``(1) Members of a reserve component ordered to active duty
under section 12301(a) of this title.
``(2) Members of a reserve component in an active status
ordered to active duty under section 12301(b) of this title.
``(3) Members of the Ready Reserve ordered to active duty
under section 12302 of this title.
``(4) Members of the Selected Reserve of the Ready Reserve
or members of the Individual Ready Reserve mobilization category
described in section 10144(b) of this title ordered to active
duty under section 12304 of this title.
``(5) Members of the National Guard called into Federal
service under section 12406 of this title.
[[Page 118 STAT. 1868]]
``(6) Members of the militia called into Federal service
under chapter 15 of this title.
``(7) Members of the National Guard on full-time National
Guard duty under section 502(f)(1) of title 32.
``(8) Members of reserve components on active duty for
training or full-time National Guard duty for training.
``(9) Members of the Selected Reserve of the Ready Reserve
on active duty to support programs described in section 1203(b)
of the Cooperative Threat Reduction Act of 1993 (22 U.S.C.
5952(b)).
``(10) Members of the National Guard on active duty or full-
time National Guard duty for the purpose of carrying out drug
interdiction and counter-drug activities under section 112 of
title 32.
``(11) Members of a reserve component on active duty under
section 10(b)(2) of the Military Selective Service Act (50
U.S.C. App. 460(b)(2)) for the administration of the Selective
Service System.
``(12) Members of the National Guard on full-time National
Guard duty for the purpose of providing command, administrative,
training, or support services for the National Guard Challenge
Program authorized by section 509 of title 32.''.
(e) Military to Military Contact Strength Accounting.--Subsection
(f) of section 168 of such title is amended to read as follows:
``(f) Active Duty End Strengths.--A member of a reserve component
who is engaged in activities authorized under this section shall not be
counted for purposes of the following personnel strength limitations:
``(1) The end strength for active-duty personnel authorized
pursuant to section 115(a)(1) of this title for the fiscal year
in which the member carries out the activities referred to under
this section.
``(2) The authorized daily average for members in pay grades
E-8 and E-9 under section 517 of this title for the calendar
year in which the member carries out such activities.
``(3) The authorized strengths for commissioned officers
under section 523 of this title for the fiscal year in which the
member carries out such activities.''.
(f) E-8 and E-9 Strength Accounting.--Subsection (a) of section 517
of such title is amended by striking ``(other than for training) in
connection with organizing, administering, recruiting, instructing, or
training the reserve component of an armed force.'' and inserting ``as
authorized under section 115(a)(1)(B) or 115(b) of this title, or
excluded from counting for active duty end strengths under section
115(i) of this title.''.
(g) Field Grade Officer Strength Accounting.--(1) Paragraph (1) of
section 523(b) of such title is amended to read as follows:
(1) Reserve officers--
``(A) on active duty as authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded
from counting for active duty end strengths under
section 115(i) of this title;
``(B) on active duty under section 10211, 10302
through 10305, or 12402 of this title or under section
708 of title 32; or
[[Page 118 STAT. 1869]]
``(C) on full-time National Guard duty.''.
(2) Paragraph (7) of such section is amended by striking ``Reserve
or retired officers'' and inserting ``Retired officers''.
(h) Active Guard and Reserve Field Grade Officer Strength
Accounting.--Paragraph (2) of section 12011(e) of such title is amended
to read as follows:
``(2) Full-time National Guard duty (other than for
training) under section 502(f) of title 32, except for duty
under section 115(b)(1)(B) and (C) of this title and section
115(i)(9) of this title.''.
(i) Warrant Officer Active-Duty List Exclusion.--Paragraph (1) of
section 582 of such title is amended to read as follows:
``(1) Reserve warrant officers--
``(A) on active duty as authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded
from counting for active duty end strengths under
section 115(i) of this title; or
``(B) on full-time National Guard duty.''.
(j) Officer Active-Duty List, Applicability of Chapter.--Paragraph
(1) of section 641 of such title is amended to read as follows:
``(1) Reserve officers--
``(A) on active duty authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded
from counting for active duty end strengths under
section 115(i) of this title;
``(B) on active duty under section 3038, 5143, 5144,
8038, 10211, 10301 through 10305, 10502, 10505,
10506(a), 10506(b), 10507, or 12402 of this title or
section 708 of title 32; or
``(C) on full-time National Guard duty.''.
(k) Strength Accounting for Members Performing Drug Interdiction and
Counter-Drug Activities.--Section 112 of title 32, United States Code,
is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (f), (g), (h) and (i) as
subsections (e), (f), (g) and (h) respectively; and
(3) in paragraph (1) of subsection (e), as redesignated by
paragraph (2), by striking ``for a period of more than 180
days'' each place it appears.
(l) Report.--Not later than June 1, 2005, the Secretary of Defense
shall report to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives the
Secretary's recommendations regarding the exemptions provided in
paragraphs (8) through (11) by section 115(i) of title 10, United States
Code, as amended by this section. The recommendations shall address the
manner in personnel covered by those exemptions shall be accounted for
in authorizations provided by section 115 of such title. The objective
of the analysis should be to terminate the need for such exemptions
after September 30, 2006.
(m) <<NOTE: 10 USC 115 note.>> Regulations.--The Secretary of
Defense shall prescribe by regulation the meaning of the term
``operational support'' for purposes of paragraph (1) of subsection (b)
of section 115 of title 10, United States Code, as added by subsection
(a).
[[Page 118 STAT. 1870]]
Subtitle C--Authorizations of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2005 a total of
$106,542,982,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2005.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2005
from the Armed Forces Retirement Home Trust Fund the sum of $61,195,000
for the operation of the Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Transition of active-duty list officer force to a force of all
regular officers.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs
of Naval Operations be selected from officers in the line of
the Navy.
Sec. 503. Limitation on number of officers frocked to major general and
rear admiral.
Sec. 504. Distribution in grade of Marine Corps reserve officers in an
active status in grades below brigadier general
Sec. 505. Authority for Federal recognition of National Guard
commissioned officers appointed from former Coast Guard
personnel.
Sec. 506. Study regarding promotion eligibility of retired officers
recalled to active duty.
Sec. 507. Succession for office of Chief, National Guard Bureau.
Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as
Director of the Joint Staff of the National Guard Bureau.
Subtitle B--Reserve Component Policy Matters
Sec. 511. Modification of stated purpose of the reserve components.
Sec. 512. Homeland defense activities conducted by the National Guard
under authority of title 32.
Sec. 513. Commission on the National Guard and Reserves.
Sec. 514. Repeal of exclusion of active duty for training from authority
to order Reserves to active duty.
Sec. 515. Army program for assignment of active component advisers to
units of the Selected Reserve.
Sec. 516. Authority to accept certain voluntary services.
Sec. 517. Authority to redesignate the Naval Reserve as the Navy
Reserve.
Sec. 518. Comptroller General assessment of integration of active and
reserve components of the Navy.
Sec. 519. Limitation on number of Starbase academies in a State.
Sec. 520. Recognition items for certain reserve component personnel.
Subtitle C--Reserve Component Personnel Matters
Sec. 521. Status under disability retirement system for reserve members
released from active duty due to inability to perform within
30 days of call to active duty.
Sec. 522. Requirement for retention of Reserves on active duty to
qualify for retired pay not applicable to nonregular service
retirement system.
Sec. 523. Federal civil service military leave for Reserve and National
Guard civilian technicians.
Sec. 524. Expanded educational assistance authority for officers
commissioned through ROTC program at military junior
colleges.
Sec. 525. Repeal of sunset provision for financial assistance program
for students not eligible for advanced training.
[[Page 118 STAT. 1871]]
Sec. 526. Effect of appointment or commission as officer on eligibility
for Selected Reserve education loan repayment program for
enlisted members.
Sec. 527. Educational assistance for certain reserve component members
who perform active service.
Sec. 528. Sense of Congress on guidance concerning treatment of
employer-provided compensation and other benefits voluntarily
provided to employees who are activated Reservists.
Subtitle D--Joint Officer Management and Professional Military Education
Sec. 531. Strategic plan to link joint officer development to overall
missions and goals of Department of Defense.
Sec. 532. Improvement to professional military education in the
Department of Defense.
Sec. 533. Joint requirements for promotion to flag or general officer
grade.
Sec. 534. Clarification of tours of duty qualifying as a joint duty
assignment.
Sec. 535. Two-year extension of temporary standard for promotion policy
objectives for joint officers.
Sec. 536. Two-year extension of authority to waive requirement that
Reserve Chiefs and National Guard Directors have significant
joint duty experience.
Subtitle E--Military Service Academies
Sec. 541. Revision to conditions on service of officers as service
academy superintendents.
Sec. 542. Academic qualifications of the dean of the faculty of United
States Air Force Academy.
Sec. 543. Board of Visitors of United States Air Force Academy.
Sec. 544. Appropriated funds for service academy athletic and
recreational extracurricular programs to be treated in same
manner as for military morale, welfare, and recreation
programs.
Sec. 545. Codification of prohibition on imposition of certain charges
and fees at the service academies.
Subtitle F--Other Education and Training Matters
Sec. 551. College First delayed enlistment program.
Sec. 552. Senior Reserve Officers' Training Corps and recruiter access
at institutions of higher education.
Sec. 553. Tuition assistance for officers.
Sec. 554. Increased maximum period for leave of absence for pursuit of a
program of education in a health care profession.
Sec. 555. Eligibility of cadets and midshipmen for medical and dental
care and disability benefits.
Sec. 556. Transfer of authority to confer degrees upon graduates of the
Community College of the Air Force.
Sec. 557. Change in titles of leadership positions at the Naval
Postgraduate School.
Subtitle G--Assistance to Local Educational Agencies for Defense
Dependents Education
Sec. 558. Continuation of impact aid assistance on behalf of dependents
of certain members despite change in status of member.
Sec. 559. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 560. Impact aid for children with severe disabilities.
Subtitle H--Medals and Decorations and Special Promotions and
Appointments
Sec. 561. Award of medal of honor to individual interred in the Tomb of
the Unknowns as representative of casualties of a war.
Sec. 562. Plan for revised criteria and eligibility requirements for
award of Combat Infantryman Badge and Combat Medical Badge
for service in Korea after July 28, 1953.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager,
United States Air Force (retired), to the grade of major
general on the retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of
major general in the Army.
Subtitle I--Military Voting
Sec. 566. Federal write-in ballots for absentee military voters located
in the United States.
Sec. 567. Repeal of requirement to conduct electronic voting
demonstration project for the Federal election to be held in
November 2004.
[[Page 118 STAT. 1872]]
Sec. 568. Reports on operation of Federal voting assistance program and
military postal system.
Subtitle J--Military Justice Matters
Sec. 571. Review on how sexual offenses are covered by Uniform Code of
Military Justice.
Sec. 572. Waiver of recoupment of time lost for confinement in
connection with a trial.
Sec. 573. Processing of forensic evidence collection kits and
acquisition of sufficient stocks of such kits.
Sec. 574. Authorities of the Judge Advocates General.
Subtitle K--Sexual Assault in the Armed Forces
Sec. 576. Examination of sexual assault in the Armed Forces by the
Defense Task Force established to examine sexual harassment
and violence at the military service academies.
Sec. 577. Department of Defense policy and procedures on prevention and
response to sexual assaults involving members of the Armed
Forces.
Subtitle L--Management and Administrative Matters
Sec. 581. Three-year extension of limitation on reductions of personnel
of agencies responsible for review and correction of military
records.
Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office
(DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 75 and older.
Sec. 584. Authority to provide civilian clothing to members traveling in
connection with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles,
credits, and tickets to facilitate rest and recuperation
travel of deployed members of the Armed Forces and their
families.
Sec. 586. Annual report identifying reasons for discharges from the
Armed Forces during preceding fiscal year.
Sec. 587. Study of blended wing concept for the Air Force.
Sec. 588. Sense of Congress regarding return of members to active duty
service upon rehabilitation from service-related injuries.
Subtitle M--Other Matters
Sec. 591. Protection of Armed Forces personnel from retaliatory actions
for communications made through the chain of command.
Sec. 592. Implementation plan for accession of persons with specialized
skills.
Sec. 593. Enhanced screening methods and process improvements for
recruitment of home schooled and National Guard Challenge
program GED recipients.
Sec. 594. Redesignation of National Guard Challenge Program as National
Guard Youth Challenge Program.
Sec. 595. Reports on certain milestones relating to Department of
Defense transformation.
Sec. 596. Report on issues relating to removal of remains of persons
interred in United States military cemeteries overseas.
Sec. 597. Comptroller General reports on closure of Department of
Defense dependent elementary and secondary schools and
commissary stores.
Sec. 598. Comptroller General report on transition assistance programs
for members separating from the Armed Forces.
Sec. 599. Study on coordination of job training standards with
certification standards for military occupational
specialties.
Subtitle A--Officer Personnel Policy
SEC. 501. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO A FORCE OF ALL
REGULAR OFFICERS.
(a) Original Appointments as Commissioned Officers.--(1) Section 532
of title 10, United States Code, is amended by striking subsection (e).
(2) Subsection (a)(2) of such section is amended by striking
``fifty-fifth birthday'' and inserting ``sixty-second birthday''.
(3)(A) Such section is further amended by adding at the end the
following new subsection:
[[Page 118 STAT. 1873]]
``(f) The Secretary of Defense may waive the requirement of
paragraph (1) of subsection (a) with respect to a person who has been
lawfully admitted to the United States for permanent residence when the
Secretary determines that the national security so requires, but only
for an original appointment in a grade below the grade of major or
lieutenant commander.''.
(B) Section 619(d) of such title is amended by adding at the end the
following new paragraph:
``(5) An officer in the grade of captain or, in the case of
the Navy, lieutenant who is not a citizen of the United
States.''.
(4) Section 531(a) of such title is amended to read as follows:
``(a)(1) Original appointments in the grades of second lieutenant,
first lieutenant, and captain in the Regular Army, Regular Air Force,
and Regular Marine Corps and in the grades of ensign, lieutenant (junior
grade), and lieutenant in the Regular Navy shall be made by the
President alone.
``(2) Original appointments in the grades of major, lieutenant
colonel, and colonel in the Regular Army, Regular Air Force, and Regular
Marine Corps and in the grades of lieutenant commander, commander, and
captain in the Regular Navy shall be made by the President, by and with
the advice and consent of the Senate.''.
(b) Repeal of Total Strength Limitations for Active-Duty Regular
Commissioned Officers.--(1) Section 522 of such title is repealed.
(2) The table of sections at the beginning of chapter 32 of such
title is amended by striking the item relating to section 522.
(c) Force Shaping Authority.--(1)(A) Subchapter V of chapter 36 of
such title is amended by adding at the end the following new section:
``Sec. 647. Force shaping authority
``(a) Authority.--The Secretary concerned may, solely for the
purpose of restructuring an armed force under the jurisdiction of that
Secretary--
``(1) discharge an officer described in subsection (b); or
``(2) transfer such an officer from the active-duty list of
that armed force to the reserve active-status list of a reserve
component of that armed force.
``(b) Covered Officers.--(1) The authority under this section may be
exercised in the case of an officer who--
``(A) has completed not more than 5 years of service as a
commissioned officer in the armed forces; or
``(B) has completed more than 5 years of service as a
commissioned officer in the armed forces, but has not completed
a minimum service obligation applicable to that member.
``(2) In this subsection, the term `minimum service obligation'
means the initial period of required active duty service together with
any additional period of required active duty service incurred during
the initial period of required active duty service.
``(c) Appointment of Transferred Officers.--An officer of the
Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps
who is transferred to a reserve active-status list under this section
shall be discharged from the regular component concerned and appointed
as a reserve commissioned officer under section 12203 of this title.
[[Page 118 STAT. 1874]]
``(d) Regulations.--The Secretary concerned shall prescribe
regulations for the exercise of the Secretary's authority under this
section.''.
(B) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``647. Force shaping authority.''.
(2) Section 1174(e)(2)(B) of such title is amended by inserting
after ``obligated service'' the following: ``, unless the member is an
officer discharged or released under the authority of section 647 of
this title''.
(3) Section 12201(a) of such title is amended--
(A) by inserting ``(1)'' after ``(a)'';
(B) in the first sentence, by inserting ``, except as
provided in paragraph (2),'' after ``the armed force concerned
and''; and
(C) by adding at the end the following new paragraph:
``(2) An officer transferred from the active-duty list of an armed
force to a reserve active-status list of an armed force under section
647 of this title is not required to subscribe to the oath referred to
in paragraph (1) in order to qualify for an appointment under that
paragraph.''.
(4) Section 12203 of such title is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Subject to the authority, direction, and control of the
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 Secretary concerned in the case of a reserve
commissioned officer upon the transfer of such officer from the reserve
active-status list of a reserve component of the armed forces to the
active-duty list of an armed force, 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 ``sections 12302 and 12304''.
(e) All Regular Officer Appointments for Students of the University
of Health Sciences.--Section 2114(b) of such title is amended by
striking ``Notwithstanding any other provision of law, they shall
serve'' in the second sentence and all that follows through ``if
qualified,'' in the third sentence and inserting ``They shall be
appointed as regular officers in the grade of second lieutenant or
ensign and shall serve on active duty in that grade. Upon graduation
they shall be required to serve on active duty''.
(f) Termination of Requirement of 6 Years Service in a Reserve
Component for Nonregular Service Retirement Eligibility.--Section
12731(a)(3) of such title is amended by inserting after ``(3)'' the
following: ``in the case of a person who completed the service
requirements of paragraph (2) before the
[[Page 118 STAT. 1875]]
end of the 180-day period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2005,''.
(g) <<NOTE: 10 USC 531 note.>> Effective Date.--(1) Except as
provided in paragraph (2), the amendments made by this section shall
take effect on the first day of the first month beginning more than 180
days after the date of the enactment of this Act.
(2) The amendment made by subsection (a)(1) shall take effect on May
1, 2005.
SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS AND ASSISTANT CHIEFS
OF NAVAL OPERATIONS BE SELECTED FROM OFFICERS IN THE LINE OF
THE NAVY.
(a) Deputy Chiefs of Naval Operations.--Section 5036(a) of title 10,
United States Code, is amended by striking ``in the line''.
(b) Assistant Chiefs of Naval Operations.--Section 5037(a) of such
title is amended by striking ``in the line''.
SEC. 503. LIMITATION ON NUMBER OF OFFICERS FROCKED TO MAJOR GENERAL AND
REAR ADMIRAL.
Section 777(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by striking ``(d) Limitation on Number of Officers
Frocked to Specified Grades.--'' and inserting the following:
``(d) Limitation on Number of Officers Frocked to 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, as the case may be, may not exceed 30.''.
SEC. 504. DISTRIBUTION IN GRADE OF MARINE CORPS RESERVE OFFICERS IN AN
ACTIVE STATUS IN GRADES BELOW BRIGADIER GENERAL.
The table in section 12005(c)(1) of title 10, United States Code, is
amended to read as follows:
``Colonel.....................................................2 percent
Lieutenant colonel............................................8 percent
Major........................................................16 percent
Captain......................................................39 percent
First lieutenant and second lieutenant (when combined with the
number authorized for general officer grades under section
12004 of this title)..................................35 percent.''.
SEC. 505. AUTHORITY FOR FEDERAL RECOGNITION OF NATIONAL GUARD
COMMISSIONED OFFICERS APPOINTED FROM FORMER COAST GUARD
PERSONNEL.
Section 305(a) of title 32, United States Code, is amended--
(1) by striking ``Army, Navy, Air Force, or Marine Corps''
in paragraphs (2), (3), and (4) and inserting ``armed forces'';
and
(2) by striking ``or the United States Air Force Academy''
in paragraph (5) and inserting ``the United States Air Force
Academy, or the United States Coast Guard Academy''.
[[Page 118 STAT. 1876]]
SEC. 506. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED OFFICERS
RECALLED TO ACTIVE DUTY.
(a) Requirement for Study.--The Secretary of Defense shall carry out
a study to determine whether it would be equitable for retired officers
on active duty, but not on the active-duty list by reason of section
582(2) or 641(4) of title 10, United States Code, to be eligible for
consideration for promotion under chapter 33A of such title, in the case
of warrant officers, or chapter 36 of such title, in the case of
officers other than warrant officers.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
results of the study under subsection (a). The report shall include a
discussion of the Secretary's determination regarding the issue covered
by the study, the rationale for the Secretary's determination, and any
recommended legislation that the Secretary considers appropriate
regarding that issue.
SEC. 507. SUCCESSION FOR OFFICE OF CHIEF, NATIONAL GUARD BUREAU.
(a) Designation of Senior Officer in National Guard Bureau.--Section
10502 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(e) Succession.--(1) Unless otherwise directed by the President or
the Secretary of Defense, the senior of the two officers specified in
paragraph (2) shall serve as the acting Chief of the National Guard
Bureau during any period that--
``(A) there is a vacancy in the position of Chief of the
National Guard Bureau; or
``(B) the Chief is unable to perform the duties of that
office.
``(2) The officers specified in this paragraph are the following:
``(A) The senior officer of the Army National Guard of the
United States on duty with the National Guard Bureau.
``(B) The senior officer of the Air National Guard of the
United States on duty with the National Guard Bureau.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 10502. Chief of the National Guard Bureau: appointment; adviser
on National Guard matters; grade; succession''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended to read as
follows:
``10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade; succession.''.
(c) Conforming Repeal.--Subsections (d) and (e) of section 10505 of
such title are repealed.
SEC. 508. REDESIGNATION OF VICE CHIEF OF THE NATIONAL GUARD BUREAU AS
DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU.
(a) Redesignation of Position.--Subsection (a)(1) of section 10505
of title 10, United States Code, is amended by striking ``Vice Chief of
the National Guard Bureau'' and inserting ``Director of the Joint Staff
of the National Guard Bureau''.
[[Page 118 STAT. 1877]]
(b) Conforming Amendments.--(1) Subsections (a)(3)(A), (a)(3)(B),
(b), and (c) of section 10505 of title 10, United States Code, are
amended by striking ``Vice Chief of the National Guard Bureau'' and
inserting ``Director of the Joint Staff of the National Guard Bureau''.
(2) Subsection (a)(3)(B) of such section, as amended by paragraph
(1), is further amended by striking ``as the Vice Chief'' and inserting
``as the Director''.
(3) Paragraphs (2) and (4) of subsection (a) of such section are
amended by striking ``Chief and Vice Chief of the National Guard
Bureau'' and inserting ``Chief of the National Guard Bureau and the
Director of the Joint Staff of the National Guard Bureau''.
(4) Section 10506(a)(1) of such title is amended by striking ``Chief
and Vice Chief of the National Guard Bureau'' and inserting ``Chief of
the National Guard Bureau and the Director of the Joint Staff of the
National Guard Bureau''.
(c) Clerical Amendments.--(1) The heading for section 10505 of such
title is amended to read as follows:
``Sec. 10505. Director of the Joint Staff of the National Guard
Bureau''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended to read as
follows:
``10505. Director of the Joint Staff of the National Guard Bureau.''.
(d) <<NOTE: 10 USC 10505 note.>> Other References.--Any reference in
any law, regulation, document, paper, or other record of the United
States to the Vice Chief of the National Guard Bureau shall be deemed to
be a reference to the Director of the Joint Staff of the National Guard
Bureau.
Subtitle B--Reserve Component Policy Matters
SEC. 511. MODIFICATION OF STATED PURPOSE OF THE RESERVE COMPONENTS.
Section 10102 of title 10, United States Code, is amended by
striking ``, during'' and all that follows through ``planned
mobilization,''.
SEC. 512. HOMELAND DEFENSE ACTIVITIES CONDUCTED BY THE NATIONAL GUARD
UNDER AUTHORITY OF TITLE 32.
(a) In General.--(1) Title 32, United States Code, is amended by
adding at the end the following new chapter:
``CHAPTER 9--HOMELAND DEFENSE ACTIVITIES
``Sec.
``901. Definitions.
``902. Homeland defense activities: funds.
``903. Regulations.
``904. Homeland defense duty.
``905. Funding assistance.
``906. Requests for funding assistance.
``907. Relationship to State duty.
``908. Annual report.
[[Page 118 STAT. 1878]]
``Sec. 901. Definitions
``In this chapter:
``(1) The term `homeland defense activity' means an activity
undertaken for the military protection of the territory or
domestic population of the United States, or of infrastructure
or other assets of the United States determined by the Secretary
of Defense as being critical to national security, from a threat
or aggression against the United States.
``(2) The term `State' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.
``Sec. 902. Homeland defense activities: funds
``(a) The Secretary of Defense may provide funds to a Governor to
employ National Guard units or members to conduct homeland defense
activities that the Secretary, determines to be necessary and
appropriate for participation by the National Guard units or members, as
the case may be.
``Sec. 903. Regulations
``The Secretary of Defense shall prescribe regulations to implement
this chapter.
``Sec. 904. Homeland defense duty
``(a) Full-Time National Guard Duty.--All duty performed under this
chapter shall be considered to be full-time National Guard duty under
section 502(f) of this title. Members of the National Guard performing
full-time National Guard duty in the Active Guard and Reserve Program
may support or execute homeland defense activities performed by the
National Guard under this chapter.
``(b) Duration.--The period for which a member of the National Guard
performs duty under this chapter shall be limited to 180 days. The
Governor of the State may, with the concurrence of the Secretary of
Defense, extend the period one time for an additional 90 days to meet
extraordinary circumstances.
``(c) Relationship to Required Training.--A member of the National
Guard performing duty under this chapter shall, in addition to
performing such duty, participate in the training required under section
502(a) of this title. The pay, allowances, and other benefits of the
member while participating in the training shall be the same as those to
which the member is entitled while performing the duty under this
chapter. The member is not entitled to additional pay, allowances, or
other benefits for participation in training required under section
502(a)(1) of this title.
``(d) Readiness.--To ensure that the use of units and personnel of
the National Guard of a State for homeland defense activities does not
degrade the training and readiness of such units and personnel, the
following requirements shall apply in determining the homeland defense
activities that units and personnel of the National Guard of a State may
perform:
``(1) The performance of the activities is not to affect
adversely the quality of that training or otherwise interfere
with the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
[[Page 118 STAT. 1879]]
``(2) The performance of the activities is not to degrade
the military skills of the members of the National Guard
performing those activities.
``Sec. 905. Funding assistance
``In the case of any homeland defense activity for which the
Secretary of Defense determines under section 902 of this title that
participation of units or members of the National Guard of a State is
necessary and appropriate, the Secretary may provide funds to that State
in an amount that the Secretary determines is appropriate for the
following costs of the participation in that activity from funds
available to the Department for related purposes:
``(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses of personnel of the
National Guard of that State.
``(2) The operation and maintenance of the equipment and
facilities of the National Guard of that State.
``(3) The procurement of services and equipment, and the
leasing of equipment, for the National Guard of that State.
``Sec. 906. Requests for funding assistance
``A Governor of a State may request funding assistance for the
homeland defense activities of the National Guard of that State from the
Secretary of Defense. Any such request shall include the following:
``(1) The specific intended homeland defense activities of
the National Guard of that State.
``(2) An explanation of why participation of National Guard
units or members, as the case may be, in the homeland defense
activities is necessary and appropriate.
``(3) A certification that homeland defense activities are
to be conducted at a time when the personnel involved are not in
Federal service.
``Sec. 907. Relationship to State duty
``Nothing in this chapter shall be construed as a limitation on the
authority of any unit of the National Guard of a State, when such unit
is not in Federal service, to perform functions authorized to be
performed by the National Guard by the laws of the State concerned.
``Sec. 908. Annual report
``(a) Requirement for Report.--After the end of each fiscal year,
the Secretary of Defense shall submit to the congressional defense
committees a report regarding any assistance provided and activities
carried out under this chapter during that fiscal year. The report for a
fiscal year shall be submitted not later than March 31 of the year
following the year in which such fiscal year ended.
``(b) Content.--The report for a fiscal year shall include the
following matters:
``(1) The numbers of members of the National Guard excluded
under subsection (i) of section 115 of title 10 from being
counted for the purpose of end-strengths authorized pursuant to
subsection (a)(1) of such section.
[[Page 118 STAT. 1880]]
``(2) A description of the homeland defense activities
conducted with funds provided under this chapter.
``(3) An accounting of the amount of the funds provided to
each State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard to
perform homeland defense activities under this chapter.''.
(2) The table of chapters at the beginning of such title is amended
by adding at the end the following new item:
``9. Homeland Defense Activities..................................901''.
(b) Conforming Amendment.--Section 115 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(i) Certain Full-Time National Guard Duty Personnel Excluded From
Counting for Full-Time National Guard Duty End Strengths.--In counting
full-time National Guard duty personnel for the purpose of end-strengths
authorized pursuant to subsection (a)(1), persons involuntarily
performing homeland defense activities under chapter 9 of title 32 shall
be excluded.''.
SEC. 513. COMMISSION ON THE NATIONAL GUARD AND RESERVES.
(a) Establishment.--There is established a commission to be known as
the ``Commission on the National Guard and Reserves''.
(b) Composition.--(1) The Commission shall be composed of 13 members
appointed as follows:
(A) Three members appointed by the chairman of the Committee
on Armed Services of the Senate.
(B) Three members appointed by the chairman of the Committee
on Armed Services of the House of Representatives.
(C) Two members appointed by the ranking minority member of
the Committee on Armed Services of the Senate.
(D) Two members appointed by the ranking minority member of
the Committee on Armed Service of the House of Representatives.
(E) Three members appointed by the Secretary of Defense.
(2) The members of the Commission shall be appointed from among
persons who have knowledge and expertise in the following areas:
(A) National security.
(B) Roles and missions of any of the Armed Forces.
(C) The mission, operations, and organization of the
National Guard of the United States.
(D) The mission, operations, and organization of the other
reserve components of the Armed Forces.
(E) Military readiness of the Armed Forces.
(F) Personnel pay and other forms of compensation.
(G) Other personnel benefits, including health care.
(3) Members of the Commission shall be appointed for the life of the
Commission. A vacancy in the membership of the Commission shall not
affect the powers of the Commission, but shall be filled in the same
manner as the original appointment.
(4) The Secretary of Defense shall designate a member of the
Commission to be chairman of the Commission.
(c) Duties.--(1) The Commission shall carry out a study of the
following matters:
(A) The roles and missions of the National Guard and the
other reserve components of the Armed Forces.
[[Page 118 STAT. 1881]]
(B) The compensation and other benefits, including health
care benefits, that are provided for members of the reserve
components under the laws of the United States.
(2) In carrying out the study under paragraph (1), the Commission
shall do the following:
(A) Assess the current roles and missions of the reserve
components and identify appropriate potential future roles and
missions for the reserve components.
(B) Assess the capabilities of the reserve components and
determine how the units and personnel of the reserve components
may be best used to support the military operations of the Armed
Forces and the achievement of national security objectives,
including homeland defense, of the United States.
(C) Assess the Department of Defense plan for implementation
of section 115(b) of title 10, United States Code, as added by
section 404(a)(4).
(D) Assess--
(i) the current organization and structure of the
National Guard and the other reserve components; and
(ii) the plans of the Department of Defense and the
Armed Forces for future organization and structure of
the National Guard and the other reserve components.
(E) Assess the manner in which the National Guard and the
other reserve components are currently organized and funded for
training and identify an organizational and funding structure
for training that best supports the achievement of training
objectives and operational readiness.
(F) Assess the effectiveness of the policies and programs of
the National Guard and the other reserve components for
achieving operational readiness and personnel readiness,
including medical and personal readiness.
(G) Assess--
(i) the adequacy and appropriateness of the
compensation and benefits currently provided for the
members of the National Guard and the other reserve
components, including the availability of health care
benefits and health insurance; and
(ii) the effects of proposed changes in compensation
and benefits on military careers in both the regular and
the reserve components of the Armed Forces.
(H) Identify various feasible options for improving the
compensation and other benefits available to the members of the
National Guard and the members of the other reserve components
and assess--
(i) the cost-effectiveness of such options; and
(ii) the foreseeable effects of such options on
readiness, recruitment, and retention of personnel for
careers in the regular and reserve components the Armed
Forces.
(I) Assess the traditional military career paths for members
of the National Guard and the other reserve components and
identify alternative career paths that could enhance
professional development.
(J) Assess the adequacy of the funding provided for the
National Guard and the other reserve components for several
previous fiscal years, including the funding provided for
National Guard and reserve component equipment and the
[[Page 118 STAT. 1882]]
funding provided for National Guard and other reserve component
personnel in active duty military personnel accounts and reserve
military personnel accounts.
(d) <<NOTE: Deadline.>> First Meeting.--The Commission shall hold
its first meeting not later than 30 days after the date on which all
members of the Commission have been appointed.
(e) Administrative and Procedural Authorities.--(1) Sections 955,
956, 957 (other than subsection (f)), 958, and 959 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10
U.S.C 111 note) shall apply to the Commission, except that in applying
section 957(a) of such Act to the Commission, ``level IV of the
Executive Schedule'' shall be substituted for ``level V of the Executive
Schedule''.
(2) The following provisions of law do not apply to the Commission:
(A) Section 3161 of title 5, United States Code.
(B) The Federal Advisory Committee Act (5 U.S.C. App.).
(f) Reports.--(1) Not later than three months after the first
meeting of the Commission, the Commission shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report setting forth--
(A) a strategic plan for the work of the Commission;
(B) a discussion of the activities of the Commission; and
(C) any initial findings of the Commission.
(2) Not later than one year after the first meeting of the
Commission, the Commission shall submit a final report to the committees
of Congress referred to in paragraph (1) and to the Secretary of
Defense. The final report shall include any recommendations that the
Commission determines appropriate, including any recommended
legislation, policies, regulations, directives, and practices.
(g) Termination.--The Commission shall terminate 90 days after the
date on which the final report is submitted under subsection (f)(2).
(h) <<NOTE: 10 USC 10101 note.>> Annual Review.--(1) The Secretary
of Defense shall annually review the reserve components of the Armed
Forces with regard to--
(A) the roles and missions of the reserve components; and
(B) the compensation and other benefits, including health
care benefits, that are provided for members of the reserve
components under the laws of the United States.
(2) The Secretary shall submit a report of the annual review,
together with any comments and recommendations that the Secretary
considers appropriate, to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives.
(3) The first review under paragraph (1) shall take place during
fiscal year 2006.
SEC. 514. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR TRAINING FROM AUTHORITY
TO ORDER RESERVES 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)--
[[Page 118 STAT. 1883]]
(A) in the first sentence, by striking ``(other than
for training)'' and inserting ``as provided in
subsection (a)''; and
(B) in the second sentence, by striking ``ordered to
active duty (other than for training)'' and inserting
``so ordered to active duty''; and
(3) in subsection (e), by striking ``(other than for
training)'' and inserting ``as provided in subsection (a)''.
(b) Ready Reserve 24-Month Callup Authority.--Section 12302 of such
title is amended by striking ``(other than for training)'' in
subsections (a) and (c).
(c) Selected Reserve and Individual Ready Reserve 270-Day Callup
Authority.--Section 12304(a) of such title is amended by striking
``(other than for training)''.
(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 section
12301(a) of this title, no other member in the Standby
Reserve may be ordered to active duty as an individual
under such section without his consent''.
SEC. 515. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE COMPONENT ADVISERS TO
UNITS OF THE SELECTED RESERVE.
(a) Change in Minimum Number Required to be Assigned.--Section
414(c)(1) of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (10 U.S.C. 12001 note) is amended by striking ``5,000''
and inserting ``3,500''.
(b) <<NOTE: 10 USC 12001 note.>> Limitation on Reductions.--
Notwithstanding the amendment made by subsection (a), the Secretary of
the Army may not reduce the number of active component Reserve support
personnel below the number of such personnel as of the date of the
enactment of this Act until the report required by subsection (c) has
been submitted.
(c) Report.--Not later than March 31, 2005, the Secretary of the
Army shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the support by active components of
the Army for training and readiness of the Army National Guard and Army
Reserve. The report shall include an evaluation and determination of
each of the following:
(1) The effect on the ability of the Army to improve such
training and readiness resulting from the reduction under the
amendment made by subsection (a) in the minimum number of active
component Reserve support personnel.
(2) The adequacy of having 3,500 members of the Army (the
minimum number required under the law as so amended) assigned as
active component Reserve support personnel in
[[Page 118 STAT. 1884]]
order to meet emerging training requirements in the Army reserve
components in connection with unit and force structure
conversions and preparations for wartime deployment.
(3) The nature and effectiveness of efforts by the Army to
reallocate the 3,500 personnel assigned as active component
Reserve support personnel to higher priority requirements and to
expand the use of reservists on active duty to meet reserve
component training needs.
(4) Whether the Army is planning further reductions in the
number of active component Reserve support personnel and, if so,
the scope and rationale for those reductions.
(5) Whether an increase in Army reserve component full-time
support personnel will be required to replace the loss of active
component Reserve support personnel.
(d) Definition.--In this section, the term ``active component
Reserve support personnel'' means the active component Army personnel
assigned as advisers to units of the Selected Reserve of the Ready
Reserve of the Army pursuant to section 414 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 12001 note).
SEC. 516. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY SERVICES.
Section 1588 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(8) Voluntary services to support programs of a committee
of the Employer Support of the Guard and Reserve as authorized
by the Secretary of Defense.''; and
(2) in subsection (f)(1), by striking ``subsection (a)(3)''
and inserting ``paragraph (3) or (8) of subsection (a)''.
SEC. 517. <<NOTE: 10 USC 10101 note.>> AUTHORITY TO REDESIGNATE THE
NAVAL RESERVE AS THE NAVY RESERVE.
(a) Authority of Secretary of the Navy.--The Secretary of the Navy
may, with the approval of the President, redesignate the reserve
component known as the Naval Reserve as the ``Navy
Reserve''. <<NOTE: Effective date.>> Any such redesignation shall be
effective on a date specified by the Secretary, which date may not be
earlier than the date that is 180 days after the date on which the
Secretary submits recommended legislation under subsection (c).
(b) <<NOTE: Federal Register, publication.>> Publication of
Redesignation.--If the Secretary of the Navy exercises the authority to
redesignate the Naval Reserve under subsection (a), the Secretary shall
promptly publish in the Federal Register and submit to the Congress
notice of the redesignation, including the effective date of the
redesignation.
(c) Conforming Legislation.--If the Secretary of the Navy exercises
the authority to redesignate the Naval Reserve under subsection (a), the
Secretary shall submit to the Congress recommended legislation that
identifies each specific provision of law that refers to the Naval
Reserve and sets forth an amendment to that specific provision of law to
conform the reference to the new designation.
(d) References.--If the Secretary of the Navy exercises the
authority to redesignate the Naval Reserve under subsection (a), then on
and after the effective date of the redesignation, any reference in any
law, map, regulation, document, paper, or other record of the United
States to the Naval Reserve shall be deemed to be a reference to the
Navy Reserve.
[[Page 118 STAT. 1885]]
SEC. 518. COMPTROLLER GENERAL ASSESSMENT OF INTEGRATION OF ACTIVE AND
RESERVE COMPONENTS OF THE NAVY.
(a) Assessment.--The Comptroller General shall review the plan of
the Secretary of the Navy for, and implementation by the Secretary of,
initiatives undertaken within the Navy to improve the integration of the
active and reserve components of the Navy in peacetime and wartime
operations resulting from--
(1) the Naval Reserve Redesign Study carried out by the
Navy; and
(2) the zero-based review of reserve component force
structure undertaken by the commander of the Fleet Forces
Command of the Navy during fiscal year 2004.
(b) Report.--No later than March 31, 2005, the Comptroller General
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a report on the results of the review under
subsection (a). The Comptroller General shall include in the report
recommendations for improved active and reserve component integration in
the Navy.
(c) Matters to be Examined.--In conducting the review under
subsection (a), the Comptroller General shall examine the following:
(1) The criteria the Navy used to determine the following
with respect to integration of the active and reserve components
of the Navy:
(A) The future mix of active and reserve component
force structure.
(B) Organization of command and control elements.
(C) Manpower levels.
(D) Basing changes.
(2) The extent to which the plans of the Navy for improving
the integration of the active and reserve components of the Navy
considered each of the following:
(A) The new Fleet Response Plan of the Navy.
(B) The flexible deployment concept.
(C) Global operations.
(D) Emerging mission requirements.
(E) Other evolving initiatives.
(3) The manner in which the timing of the execution of
planned active and reserve integration initiatives will
correlate with the funding of those initiatives, including
consideration of an evaluation of the adequacy of the funding
allocated to those integration initiatives.
(4) For naval aviation forces, the extent to which the
active and reserve component integration plans of the Navy will
affect factors such as--
(A) common training and readiness standards for
active and reserve forces;
(B) reserve component access to the same equipment
as the active component;
(C) relationships between command and headquarters
elements of active and reserve forces;
(D) trends in the use by the Navy of units referred
to as ``associate'' units or ``blended'' units;
(E) Basing criteria of future aviation forces; and
(F) Employment of Naval Reserve aviation forces and
personnel in peacetime and wartime operations.
[[Page 118 STAT. 1886]]
SEC. 519. LIMITATION ON NUMBER OF STARBASE ACADEMIES IN A STATE.
Paragraph (3) of section 2193b(c) of title 10, United States Code,
is amended to read as follows:
``(3)(A) Except as otherwise provided under subparagraph (B), the
Secretary may not support the establishment in any State of more than
two academies under the program.
``(B) The Secretary may support the establishment and operation of
an academy in a State in excess of two academies in that State if the
Secretary expressly waives, in writing, the limitation in subparagraph
(A) with respect to that State. In the case of any such waiver,
appropriated funds may be used for the establishment and operation of an
academy in excess of two in that State only to the extent that
appropriated funds are expressly available for that purpose. Any such
waiver shall be made under criteria to be prescribed by the
Secretary.''.
SEC. 520. RECOGNITION ITEMS FOR CERTAIN RESERVE COMPONENT PERSONNEL.
(a) Army Reserve.--(1) Chapter 1805 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 18506. Recruitment and retention: availability of funds for
recognition items for Army Reserve personnel
``(a) Availability of Funds.--(1) Under regulations prescribed by
the Secretary of the Army, funds authorized to be appropriated to the
Army Reserve and available for recruitment and retention of military
personnel may be obligated and expended for recognition items that are
distributed to members of the Army Reserve and to members of their
families and other individuals recognized as providing support that
substantially facilitates service in the Army Reserve.
``(2) The purpose of the distribution of such items shall be to
enhance the recruitment and retention of members of the Army Reserve.
``(b) Provision of Meals and Refreshments.--For purposes of section
520c of this title and any regulation prescribed to implement that
section, functions conducted for the purpose of presenting recognition
items described in subsection (a) shall be treated as recruiting
functions and recipients of such items shall be treated as persons who
are the objects of recruiting efforts.
``(c) Limitation on Value.--The value of items referred to in
subsection (a) that are distributed to any single member of the Army
Reserve at any one time may not exceed $50.
``(d) Termination of Authority.--The authority under this section
shall expire December 31, 2005.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``18506. Recruitment and retention: availability of funds for
recognition items for Army Reserve personnel.''.
(b) Use of Funds to Promote Retention in the National Guard.--(1)
Chapter 7 of title 32, United States Code, is amended by adding at the
end the following new section:
[[Page 118 STAT. 1887]]
``Sec. 717. Presentation of recognition items for retention purposes
``(a) <<NOTE: Regulations.>> Expenditures for Recognition Items.--
Under regulations prescribed by the Secretary of the Army and the
Secretary of the Air Force, funds appropriated for the Army National
Guard or Air National Guard for the purpose of recruitment and retention
of military personnel may be expended to procure recognition items of
nominal or modest value for retention purposes and to present such items
to members of the National Guard and to members of their families and
other individuals recognized as providing support that substantially
facilitates service in the National Guard.
``(b) Provision of Meals and Refreshments.--For purposes of section
520c of title 10 and any regulation prescribed to implement that
section, functions conducted for the purpose of presenting recognition
items described in subsection (a) shall be treated as recruiting
functions and recipients of such items shall be treated as persons who
are the objects of recruiting efforts.
``(c) Relation to Other Law.--The authority provided in this section
is in addition to other provision of law authorizing the use of
appropriations for recruitment and retention purposes.
``(d) Definition.--The term `recognition items of nominal or modest
value' means commemorative coins, medals, trophies, badges, flags,
posters, paintings, or other similar items that are valued at less than
$50 per item and are designed to recognize or commemorate service in the
armed forces or National Guard.
``(e) Termination of Authority.--The authority under this section
shall expire December 31, 2005.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``717. Presentation of recognition items for retention purposes.''.
(c) <<NOTE: 10 USC 18506 note.>> Effective Date.--Section 18506 of
title 10, United States Code, as added by subsection (a), and section
717 of title 32, United States Code, as added by subsection (b), shall
take effect as of November 24, 2003, and as if included in the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136).
Subtitle C--Reserve Component Personnel Matters
SEC. 521. STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR RESERVE MEMBERS
RELEASED FROM ACTIVE DUTY DUE TO INABILITY TO PERFORM WITHIN
30 DAYS OF CALL TO ACTIVE DUTY.
(a) In General.--Chapter 61 of title 10, United States Code, is
amended by inserting after section 1206 the following new section:
``Sec. 1206a. Reserve component members unable to perform duties when
ordered to active duty: disability system
processing
``(a) Members Released From Active Duty Within 30 Days.--A member of
a reserve component who is ordered to active duty for a period of more
than 30 days and is released from active duty within 30 days of
commencing such period of active duty for a reason stated in subsection
(b) shall be considered for all
[[Page 118 STAT. 1888]]
purposes under this chapter to have been serving under an order to
active duty for a period of 30 days or less.
``(b) Applicable Reasons for Release.--Subsection (a) applies in the
case of a member released from active duty because of a failure to
meet--
``(1) physical standards for retention due to a preexisting
condition not aggravated during the period of active duty; or
``(2) medical or dental standards for deployment due to a
preexisting condition not aggravated during the period of active
duty.
``(c) Savings Provision for Medical Care Provided While on Active
Duty.--Notwithstanding subsection (a), any benefit under chapter 55 of
this title received by a member described in subsection (a) or a
dependent of such member before or during the period of active duty
shall not be subject to recoupment or otherwise affected.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1206 the following new item:
``1206a. Reserve component members unable to perform duties when ordered
to active duty: disability system processing.''.
SEC. 522. REQUIREMENT FOR RETENTION OF RESERVES ON ACTIVE DUTY TO
QUALIFY FOR RETIRED PAY NOT APPLICABLE TO NONREGULAR SERVICE
RETIREMENT SYSTEM.
Section 12686(a) of title 10, United States Code, is amended by
inserting ``(other than the retirement system under chapter 1223 of this
title)'' after ``retirement system''.
SEC. 523. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR RESERVE AND NATIONAL
GUARD CIVILIAN TECHNICIANS.
Section 6323(d)(1) of title 5, United States Code is amended by
striking ``(other than active duty during a war or national emergency
declared by the President or Congress)''.
SEC. 524. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR OFFICERS
COMMISSIONED THROUGH ROTC PROGRAM AT MILITARY JUNIOR
COLLEGES.
(a) Financial Assistance Program for Service on Active Duty.--
Section 2107(c) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5)(A) The <<NOTE: Regulations.>> Secretary of the Army, under
regulations and criteria established by the Secretary, may provide an
individual who received a commission as a Reserve officer in the Army
from a military junior college through a program under this chapter and
who does not have a baccalaureate degree with financial assistance for
pursuit of a baccalaureate degree.
``(B) Such assistance is in addition to any financial assistance
provided under paragraph (1), (3), or (4).
``(C) The agreement and reimbursement requirements established in
section 2005 of this title are applicable to financial assistance under
this paragraph.
``(D) An officer receiving financial assistance under this paragraph
shall be attached to a unit of the Army as determined by the Secretary
and shall be considered to be a member of the Senior Reserve Officers'
Training Corps on inactive duty for training, as defined in section
101(23) of title 38.
[[Page 118 STAT. 1889]]
``(E) A qualified officer who did not previously receive financial
assistance under this section is eligible to receive educational
assistance under this paragraph.
``(F) A Reserve officer may not be called or ordered to active duty
for a deployment while participating in the program under this
paragraph.
``(G) Any service obligation incurred by an officer under an
agreement entered into under this paragraph shall be in addition to any
service obligation incurred by that officer under any other provision of
law or agreement.''.
(b) Financial Assistance Program for Service in Troop Program
Units.--Section 2107a(c) of such title is amended by adding at the end
the following new paragraph:
``(4)(A) The Secretary of the Army may provide an individual who
received a commission as a Reserve officer in the Army from a military
junior college through a program under this chapter and who does not
have a baccalaureate degree with financial assistance for pursuit of a
baccalaureate degree.
``(B) Such assistance is in addition to any provided under paragraph
(1) or (2).
``(C) The agreement and reimbursement requirements established in
section 2005 of this title are applicable to financial assistance under
this paragraph.
``(D) An officer receiving financial assistance under this paragraph
shall be attached to a unit of the Army as determined by the Secretary
and shall be considered to be a member of the Senior Reserve Officers'
Training Corps on inactive duty for training, as defined in section
101(23) of title 38.
``(E) A qualified officer who did not previously receive financial
assistance under this section is eligible to receive educational
assistance under this paragraph.
``(F) A Reserve officer may not be called or ordered to active duty
for a deployment while participating in the program under this
paragraph.
``(G) Any service obligation incurred by an officer under an
agreement entered into under this paragraph shall be in addition to any
service obligation incurred by that officer under any other provision of
law or agreement.''.
(c) Implementation Report.--Not later than March 31, 2007, the
Secretary of the Army shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report providing information on the experience of the
Department of the Army under paragraph (5) of section 2107(c) of title
10, United States Code, as added by subsection (a), and under paragraph
(4) of section 2107a(c) of title 10, United States Code, as added by
subsection (b). The report shall include any recommendations the
Secretary considers necessary for the improvement of the programs under
those paragraphs.
SEC. 525. REPEAL OF SUNSET PROVISION FOR FINANCIAL ASSISTANCE PROGRAM
FOR STUDENTS NOT ELIGIBLE FOR ADVANCED TRAINING.
Section 2103a of title 10, United States Code, is amended by
striking subsection (d).
[[Page 118 STAT. 1890]]
SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS OFFICER ON ELIGIBILITY
FOR SELECTED RESERVE EDUCATION LOAN REPAYMENT PROGRAM FOR
ENLISTED MEMBERS.
Section 16301(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``The Secretary'' in the
first sentence and inserting ``Except as provided in paragraph
(3), the Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of a commitment made by the Secretary of Defense
after the date of the enactment of this paragraph to repay a loan under
paragraph (1) conditioned upon the performance by the borrower of
service as an enlisted member under paragraph (2), the Secretary may
repay the loan for service performed by the borrower as an officer
(rather than as an enlisted member) in the case of a borrower who, after
such commitment is entered into and while performing service as an
enlisted member, accepts an appointment or commission as a warrant
officer or commissioned officer of the Selected Reserve.''.
SEC. 527. EDUCATIONAL ASSISTANCE FOR CERTAIN RESERVE COMPONENT MEMBERS
WHO PERFORM ACTIVE SERVICE.
(a) Establishment of Program.--Part IV of subtitle E of title 10,
United States Code, is amended by inserting after chapter 1606 the
following new chapter:
``CHAPTER 1607--EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS
SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS
``Sec.
``16161. Purpose.
``16162. Educational assistance program.
``16163. Eligibility for educational assistance.
``16164. Time limitation for use of entitlement.
``16165. Termination of assistance.
``16166. Administration of program.
``Sec. 16161. Purpose
``The purpose of this chapter is to provide educational assistance
to members of the reserve components called or ordered to active service
in response to a war or national emergency declared by the President or
the Congress, in recognition of the sacrifices that those members make
in answering the call to duty.
``Sec. 16162. Educational assistance program
``(a) <<NOTE: Regulations.>> Program Establishment.--The Secretary
of each military department, under regulations prescribed by the
Secretary of Defense, and the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as a service in the
Navy, shall establish and maintain a program as prescribed in this
chapter to provide educational assistance to members of the Ready
Reserve of the armed forces under the jurisdiction of the Secretary
concerned.
``(b) Authorized Education Programs.--Educational assistance may be
provided under this chapter for pursuit of any program of education that
is an approved program of education for purposes of chapter 30 of title
38.
[[Page 118 STAT. 1891]]
``(c) Benefit Amount.--(1) The educational assistance program
established under subsection (a) shall provide for payment by the
Secretary concerned, through the Secretary of Veterans Affairs, an
educational assistance allowance to each member entitled to educational
assistance under this chapter who is pursuing a program of education
authorized under subsection (b).
``(2) The educational assistance allowance provided under this
chapter shall be based on the applicable percent under paragraph (4) to
the applicable rate provided under section 3015 of title 38 for a member
whose entitlement is based on completion of an obligated period of
active duty of three years.
``(3) The educational assistance allowance provided under this
section for a person who is undertaking a program for which a reduced
rate is specified in chapter 30 of title 38, that rate shall be further
adjusted by the applicable percent specified in paragraph (4).
``(4) The adjusted educational assistance allowance under paragraph
(2) or (3), as applicable, shall be--
``(A) 40 percent in the case of a member of a reserve
component who performed active service for 90 consecutive days
but less than one continuous year;
``(B) 60 percent in the case of a member of a reserve
component who performed active service for one continuous year
but less than two continuous years; or
``(C) 80 percent in the case of a member of a reserve
component who performed active service for two continuous years
or more.
``(d) Maximum Months of Assistance.--(1) Subject to section 3695 of
title 38, the maximum number of months of educational assistance that
may be provided to any member under this chapter is 36 (or the
equivalent thereof in part-time educational assistance).
``(2)(A) Notwithstanding any other provision of this chapter or
chapter 36 of title 38, any payment of an educational assistance
allowance described in subparagraph (B) shall not--
``(i) be charged against the entitlement of any individual
under this chapter; or
``(ii) be counted toward the aggregate period for which
section 3695 of title 38 limits an individual's receipt of
assistance.
``(B) The payment of the educational assistance allowance referred
to in subparagraph (A) is the payment of such an allowance to the
individual for pursuit of a course or courses under this chapter if the
Secretary of Veterans Affairs finds that the individual--
``(i) had to discontinue such course pursuit as a result of
being ordered to serve on active duty under section 12301(a),
12301(d), 12301(g), 12302, or 12304 of this title; and
``(ii) failed to receive credit or training time toward
completion of the individual's approved educational,
professional, or vocational objective as a result of having to
discontinue, as described in clause (i), the individual's course
pursuit.
``(C) The period for which, by reason of this subsection, an
educational assistance allowance is not charged against entitlement or
counted toward the applicable aggregate period under section 3695 of
title 38 shall not exceed the portion of the period of enrollment in the
course or courses for which the individual failed to
[[Page 118 STAT. 1892]]
receive credit or with respect to which the individual lost training
time, as determined under subparagraph (B)(ii).
``Sec. 16163. Eligibility for educational assistance
``(a) Eligibility.--On or after September 11, 2001, a member of a
reserve component is entitled to educational assistance under this
chapter if the member--
``(1) served on active duty in support of a contingency
operation for 90 consecutive days or more; or
``(2) in the case of a member of the Army National Guard of
the United States or Air National Guard of the United States,
performed full time National Guard duty under section 502(f) of
title 32 for 90 consecutive days or more when authorized by the
President or Secretary of Defense for the purpose of responding
to a national emergency declared by the President and supported
by Federal funds.
``(b) Disabled Members.--Notwithstanding the eligibility
requirements in subsection (a), a member who was ordered to active
service as prescribed under subsection (a)(1) or (a)(2) but is released
from duty before completing 90 consecutive days because of an injury,
illness or disease incurred or aggravated in the line of duty shall be
entitled to educational assistance under this chapter at the rate
prescribed in section 16162(c)(4)(A) of this title.
``(c) Written Notification.--(1) Each member who becomes entitled to
educational assistance under subsection (a) shall be given a statement
in writing prior to release from active service that summarizes the
provisions of this chapter and stating clearly and prominently the
substance of section 16165 of this title as such section may apply to
the member.
``(2) At the request of the Secretary of Veterans Affairs, the
Secretary concerned shall transmit a notice of entitlement for each such
member to that Secretary.
``(d) Bar From Dual Eligibility.--A member who qualifies for
educational assistance under this chapter may not receive credit for
such service under both the program established by chapter 30 of title
38 and the program established by this chapter but shall make an
irrevocable election (in such form and manner as the Secretary of
Veterans Affairs may prescribe) as to the program to which such service
is to be credited.
``(e) Bar From Duplication of Educational Assistance Allowance.--(1)
Except as provided in paragraph (2), an individual entitled to
educational assistance under this chapter who is also eligible for
educational assistance under chapter 1606 of this title, chapter 30, 31,
32, or 35 of title 38, or under the Hostage Relief Act of 1980 (Public
Law 96-449; 5 U.S.C. 5561 note) may not receive assistance under more
than one such programs and shall elect (in such form and manner as the
Secretary concerned may prescribe) under which program the member elects
to receive educational assistance.
``(2) The restriction on duplication of educational assistance under
paragraph (1) does not apply to the entitlement of educational
assistance under section 16131(i) of this title.
``Sec. 16164. Time limitation for use of entitlement
``(a) Duration of Entitlement.--Except as provided in subsection
(b), a member remains entitled to educational assistance under this
chapter while serving--
[[Page 118 STAT. 1893]]
``(1) in the Selected Reserve of the Ready Reserve, in the
case of a member called or ordered to active service while
serving in the Selected Reserve; or
``(2) in the Ready Reserve, in the case of a member ordered
to active duty while serving in the Ready Reserve (other than
the Selected Reserve).
``(b) Duration of Entitlement for Disabled Members.--(1) In the case
of a person who is separated from the Ready Reserve because of a
disability which was not the result of the individual's own willful
misconduct incurred on or after the date on which such person became
entitled to educational assistance under this chapter, such person's
entitlement to educational assistance expires at the end of the 10-year
period beginning on the date on which such person became entitled to
such assistance.
``(2) The <<NOTE: Applicability.>> provisions of subsections (d) and
(f) of section 3031 of title 38 shall apply to the period of entitlement
prescribed by paragraph (1).
``Sec. 16165. Termination of assistance
``Educational assistance may not be provided under this chapter, or
if being provided under this chapter, shall be terminated--
``(1) if the member is receiving financial assistance under
section 2107 of this title as a member of the Senior Reserve
Officers' Training Corps program; or
``(2) when the member separates from the Ready Reserve, as
provided for under section 16164(a)(1) or section 16164(a)(2),
as applicable, of this title.
``Sec. 16166. Administration of program
``(a) Administration.--Educational assistance under this chapter
shall be provided through the Department of Veterans Affairs, under
agreements to be entered into by the Secretary of Defense, and by the
Secretary of Homeland Security, with the Secretary of Veterans Affairs.
Such agreements shall include administrative procedures to ensure the
prompt and timely transfer of funds from the Secretary concerned to the
Department of Veterans Affairs for the making of payments under this
chapter.
``(b) Program Management.--Except as otherwise provided in this
chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476,
3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I
and II of chapter 36 of such title (with the exception of sections
3686(a), 3687, and 3692) shall be applicable to the provision of
educational assistance under this chapter. The term `eligible veteran'
and the term `person', as used in those provisions, shall be deemed for
the purpose of the application of those provisions to this chapter to
refer to a person eligible for educational assistance under this
chapter.
``(c) Flight Training.--The Secretary of Veterans Affairs may
approve the pursuit of flight training (in addition to a course of
flight training that may be approved under section 3680A(b) of title 38)
by an individual entitled to educational assistance under this chapter
if--
``(1) such training is generally accepted as necessary for
the attainment of a recognized vocational objective in the field
of aviation;
[[Page 118 STAT. 1894]]
``(2) the individual possesses a valid private pilot
certificate and meets, on the day the member begins a course of
flight training, the medical requirements necessary for a
commercial pilot certificate; and
``(3) the flight school courses meet Federal Aviation
Administration standards for such courses and are approved by
the Federal Aviation Administration and the State approving
agency.
``(d) Trust Fund.--Amounts for payments for benefits under this
chapter shall be derived from the Department of Defense Education
Benefits Fund under section 2006 of this title.''.
(b) Conforming Amendments.--(1) Section 2006(b) of such title is
amended--
(A) in paragraph (1), by striking ``chapter 1606'' and
inserting ``chapters 1606 and 1607, including funds provided by
the Secretary of Homeland Security for education liabilities for
the Coast Guard when it is not operating as a service in the
Department of the Navy''; and
(B) in paragraph (2)(C), by striking ``for educational
assistance under chapter 1606'' and inserting ``(including funds
from the Department in which the Coast Guard is operating) for
educational assistance under chapters 1606 and 1607''.
(2) Section 3695(a)(5) of title 38, United States Code, is amended
by inserting ``1607,'' after ``1606,''.
(c) Clerical Amendment.--The tables of chapters at the beginning of
subtitle E of title 10, United States Code, and at the beginning of part
IV of such subtitle, are amended by inserting after the item relating to
chapter 1606 the following new item:
``1607. Educational Assistance for Reserve Component Members
Supporting Contingency Operations and Certain Other Operations..16161''.
SEC. 528. SENSE OF CONGRESS ON GUIDANCE CONCERNING TREATMENT OF
EMPLOYER-PROVIDED COMPENSATION AND OTHER BENEFITS
VOLUNTARILY PROVIDED TO EMPLOYEES WHO ARE ACTIVATED
RESERVISTS.
(a) Sense of Congress.--It is the sense of Congress--
(1) that the Secretary of the Treasury should provide
guidance with respect to treatment under the internal revenue
laws of payments made by employers to activated Reservist
employees under voluntary Reserve-employee differential pay
arrangements, benefits provided by employers to such employees,
and contributions by employers to employer-provided retirement
savings plans related thereto; and
(2) that the guidance provided under paragraph (1) should,
to the extent possible within the Secretary's authority, be
consistent with the goal of promoting and ensuring the validity
of voluntary differential pay arrangements, benefits, and
contributions referred to in that paragraph.
(b) Definitions.--For purposes of this section:
(1) Voluntary reserve-employee differential pay
arrangement.--The term ``voluntary Reserve-employee differential
pay arrangement'' means an arrangement by which an employer of
an activated Reservist employee voluntarily agrees to pay, and
pays, to that employee, while on active duty, amounts equivalent
to the difference (or some portion of the difference) between
(A) the compensation of that employee paid by the employer at
the time of the employee's
[[Page 118 STAT. 1895]]
activation for such active duty, and (B) that employee's
military compensation.
(2) Activated reservist employee.--The term ``activated
Reservist employee'' means a member of a reserve component of
the Armed Forces who is on active duty under a call or order to
active duty (other than for training) and who at the time of
such call or order is employed in a position subject to chapter
43 of title 38, United States Code (referred to as the Uniformed
Services Employment and Reemployment Rights Act of 1994
(USERRA)).
Subtitle D--Joint Officer Management and Professional Military Education
SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVELOPMENT TO OVERALL
MISSIONS AND GOALS OF DEPARTMENT OF DEFENSE.
(a) Plan Required.--(1) The Secretary of Defense shall develop a
strategic plan for joint officer management and joint professional
military education that links joint officer development to the
accomplishment of the overall missions and goals of the Department of
Defense, as set forth in the most recent national military strategy
under section 153(d) of title 10, United States Code. Such plan shall be
developed for the purpose of ensuring that sufficient numbers of
officers fully qualified in occupational specialties involving combat
operations are available as necessary to meet the needs of the
Department for qualified officers who are operationally effective in the
joint environment.
(2) The Secretary shall develop the strategic plan with the advice
of the Chairman of the Joint Chiefs of Staff.
(b) Matters to be Included.--As part of the strategic plan under
subsection (a), the Secretary shall include the following:
(1) A statement of the levels of joint officer resources
needed to be available to properly support the overall missions
of the Department of Defense, with such resources to be
specified by the number of officers with the joint specialty,
the number of officers required for service in joint duty
assignment positions, and the training and education resources
required.
(2) An assessment of the available and projected joint
officer development resources (including officers, educational
and training resources, and availability of joint duty
assignment positions and tours of duty) necessary to achieve the
levels specified under paragraph (1).
(3) Identification of any problems or issues arising from
linking resources for joint officer development to
accomplishment of the objective of meeting the levels specified
under paragraph (1) to resolve those problems and issues and
plans.
(4) A description of the process for identification of the
present and future requirements for joint specialty officers.
(5) A description of the career development and management
of joint specialty officers and of any changes to be made to
facilitate achievement of the levels of resources specified in
paragraph (1), including additional education requirements,
promotion opportunities, and assignments to fill joint
assignments.
[[Page 118 STAT. 1896]]
(6) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from linking
promotion eligibility to completion of joint professional
military education.
(7) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from linking
prescribed lengths of joint duty assignments to qualification as
joint specialty officers.
(8) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from current
law regarding expected rates of promotion for joint specialty
officers and officers who are serving in, or have served in,
joint duty assignments (other than those serving in, or who have
served in, the Joint Staff and joint specialty officers).
(9) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from current
applicability of scientific and technical qualification waivers
for designation as joint specialty officers.
(10) An assessment of the viability of the use of incentives
(such as awarding ribbons) to any person who successfully
completes a joint professional military education program of
instruction.
(11) An assessment of the feasibility and utility of a
comprehensive written examination as part of the evaluation
criteria for selection of officers for full-time attendance at
an intermediate or senior level service school.
(12) An assessment of the effects on the overall educational
experience at the National Defense University of a small
increase in the number of private-sector civilians eligible to
enroll in instruction at the National Defense University.
(13) An assessment of the propriety and implications in
providing joint specialty officer qualification to all
qualifying reserve offices who have achieved the statutory
prerequisites.
(c) Inclusion of Reserve Component Officers.--In developing the
strategic plan required by subsection (a), the Secretary shall include
joint officer development for officers on the reserve active-status list
in the plan.
(d) Report.--The Secretary shall submit the plan developed under
this section to the Committees on Armed Services of the Senate and House
of Representatives not later than January 15, 2006.
(e) <<NOTE: Deadline.>> Additional Assessment.--Not later than
January 15, 2007, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives,
as a follow-on to the report under subsection (d), a report providing an
assessment of, and initiatives to improve, the performance in joint
matters of the following:
(1) Senior civilian officers and employees in the Office of
the Secretary of Defense, the Defense Agencies, and the military
departments.
(2) Senior noncommissioned officers.
(3) Senior leadership in the reserve components.
SEC. 532. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Part III of subtitle A of title 10, United States
Code, is amended--
[[Page 118 STAT. 1897]]
(1) by redesignating chapter 107 as chapter 106A; and
(2) by inserting before chapter 108 the following new
chapter:
``CHAPTER 107--PROFESSIONAL MILITARY EDUCATION
``Sec.
``2151. Definitions.
``2152. Professional military education: general requirements.
``2153. Capstone course: newly selected general and flag officers.
``2154. Joint professional military education: three-phase approach.
``2155. Joint professional military education phase II program of
instruction.
``2156. Joint Forces Staff College: duration of principal course of
instruction.
``2157. Annual report to Congress.
``Sec. 2151. Definitions
``(a) Joint Professional Military Education.--Joint professional
military education consists of the rigorous and thorough instruction and
examination of officers of the armed forces in an environment designed
to promote a theoretical and practical in-depth understanding of joint
matters and, specifically, of the subject matter covered. The subject
matter to be covered by joint professional military education shall
include at least the following:
``(1) National Military Strategy.
``(2) Joint planning at all levels of war.
``(3) Joint doctrine.
``(4) Joint command and control.
``(5) Joint force and joint requirements
development.
``(b) Other Definitions.--In this chapter:
``(1) The term `senior level service school' means any of
the following:
``(A) The Army War College.
``(B) The College of Naval Warfare.
``(C) The Air War College.
``(D) The Marine Corps War College.
``(2) The term `intermediate level service school' means any
of the following:
``(A) The United States Army Command and General
Staff College.
``(B) The College of Naval Command and Staff.
``(C) The Air Command and Staff College.
``(D) The Marine Corps Command and Staff College.
``Sec. 2152. Joint professional military education: general requirements
``(a) In General.--The Secretary of Defense shall implement a
comprehensive framework for the joint professional military education of
officers, including officers nominated under section 661 of this title
for the joint specialty.
``Sec. 2153. Capstone course: newly selected general and flag officers
``(a) Requirement.--Each officer selected for promotion to the grade
of brigadier general or, in the case of the Navy, rear admiral (lower
half) shall be required, after such selection, to attend a military
education course designed specifically to prepare new general and flag
officers to work with the other armed forces.
``(b) Waiver Authority.--(1) Subject to paragraph (2), the Secretary
of Defense may waive subsection (a)--
[[Page 118 STAT. 1898]]
``(A) in the case of an officer whose immediately previous
assignment was in a joint duty assignment and who is thoroughly
familiar with joint matters;
``(B) when necessary for the good of the service;
``(C) in the case of an officer whose proposed selection for
promotion is based primarily upon scientific and technical
qualifications for which joint requirements do not exist (as
determined under regulations prescribed under section 619(e)(4)
of this title); and
``(D) in the case of a medical officer, dental officer,
veterinary officer, medical service officer, nurse, biomedical
science officer, or chaplain.
``(2) The authority of the Secretary of Defense to grant a waiver
under paragraph (1) may only be delegated to the Deputy Secretary of
Defense, an Under Secretary of Defense, or an Assistant Secretary of
Defense. Such a waiver may be granted only on a case-by-case basis in
the case of an individual officer.
``Sec. 2154. Joint professional military education: three-phase approach
``(a) Three-Phase Approach.--The Secretary of Defense shall
implement a three-phase approach to joint professional military
education, as follows:
``(1) There shall be a course of instruction, designated and
certified by the Secretary of Defense with the advice and
assistance of the Chairman of the Joint Chiefs of Staff as Phase
I instruction, consisting of all the elements of a joint
professional military education (as specified in section 2151(a)
of this title), in addition to the principal curriculum taught
to all officers at an intermediate level service school.
``(2) There shall be a course of instruction, designated and
certified by the Secretary of Defense with the advice and
assistance of the Chairman of the Joint Chiefs of Staff as Phase
II instruction, consisting of a joint professional military
education curriculum taught in residence at--
``(A) the Joint Forces Staff College; or
``(B) a senior level service school that has been
designated and certified by the Secretary of Defense as
a joint professional military education institution.
``(3) There shall be a course of instruction, designated and
certified by the Secretary of Defense with the advice and
assistance of the Chairman of the Joint Chiefs of Staff as the
Capstone course, for officers selected for promotion to the
grade of brigadier general or, in the case of the Navy, rear
admiral (lower half) and offered in accordance with section 2153
of this title.
``(b) Sequenced Approach.--The Secretary shall require the
sequencing of joint professional military education so that the standard
sequence of assignments for such education requires an officer to
complete Phase I instruction before proceeding to Phase II instruction,
as provided in section 2155(a) of this title.
``Sec. 2155. Joint professional military education phase II program of
instruction
``(a) Prerequisite of Completion of Joint Professional Military
Education I Program of Instruction.--(1) After September 30, 2009, an
officer of the armed forces may not be accepted
[[Page 118 STAT. 1899]]
for, or assigned to, a program of instruction designated by the
Secretary of Defense as joint professional military education Phase II
unless the officer has successfully completed a program of instruction
designated by the Secretary of Defense as joint professional military
education Phase I.
``(2) The Chairman of the Joint Chiefs of Staff may grant exceptions
to the requirement under paragraph (1). Such an exception may be granted
only on a case-by-case basis under exceptional circumstances, as
determined by the Chairman. An officer selected to receive such an
exception shall have knowledge of joint matters and other aspects of the
Phase I curriculum that, to the satisfaction of the Chairman, qualifies
the officer to meet the minimum requirements established for entry into
Phase II instruction without first completing Phase I instruction. The
number of officers selected to attend an offering of the principal
course of instruction at the Joint Forces Staff College or a senior
level service school designated by the Secretary of Defense as a joint
professional military education institution who have not completed Phase
I instruction should comprise no more than 10 percent of the total
number of officers selected.
``(b) Phase II Requirements.--The Secretary shall require that the
curriculum for Phase II joint professional military education at any
school--
``(1) focus on developing joint operational expertise and
perspectives and honing joint warfighting skills; and
``(2) be structured --
``(A) so as to adequately prepare students to
perform effectively in an assignment to a joint,
multiservice organization; and
``(B) so that students progress from a basic
knowledge of joint matters learned in Phase I
instruction to the level of expertise necessary for
successful performance in the joint arena.
``(c) Curriculum Content.--In addition to the subjects specified in
section 2151(a) of this title, the curriculum for Phase II joint
professional military education shall include the following:
``(1) National security strategy.
``(2) Theater strategy and campaigning.
``(3) Joint planning processes and systems.
``(4) Joint, interagency, and multinational capabilities and
the integration of those capabilities.
``(d) <<NOTE: Deadline.>> Student Ratio; Faculty Ratio.--Not later
than September 30, 2009, for courses of instruction in a Phase II
program of instruction that is offered at senior level service school
that has been designated by the Secretary of Defense as a joint
professional military education institution--
``(1) the percentage of students enrolled in any such course
who are officers of the armed force that administers the school
may not exceed 60 percent, with the remaining services
proportionally represented; and
``(2) of the faculty at the school who are active-duty
officers who provide instruction in such courses, the percentage
who are officers of the armed force that administers the school
may not exceed 60 percent, with the remaining services
proportionally represented.
[[Page 118 STAT. 1900]]
``Sec. 2156. Joint Forces Staff College: duration of principal course of
instruction
``(a) Duration.--The duration of the principal course of instruction
offered at the Joint Forces Staff College may not be less than 10 weeks
of resident instruction.
``(b) Definition.--In this section, the term `principal course of
instruction' means any course of instruction offered at the Joint Forces
Staff College as Phase II joint professional military education.
``Sec. 2157. Annual report to Congress
``The Secretary of Defense shall include in the annual report of the
Secretary to Congress under section 113(c) of this title, for the period
covered by the report, the following information (which shall be shown
for the Department of Defense as a whole and separately for the Army,
Navy, Air Force, and Marine Corps and each reserve component):
``(1) The number of officers who successfully completed a
joint professional military education phase II course and were
not selected for promotion.
``(2) The number of officer students and faculty members
assigned by each service to the professional military schools of
the other services and to the joint schools.''.
(b) Transfer of Other Provisions.--Subsections (b) and (c) of
section 663 of title 10, United States Code, are transferred to section
2152 of such title, as added by subsection (a), and added at the end
thereof.
(c) Conforming Amendments.--(1) Section 663 of such title, as
amended by subsection (b), is further amended--
(A) by striking subsections (a) and (e); and
(B) by striking ``(d) Post-Education Joint Duty
Assignments.--(1) The'' and inserting ``(a) Joint Specialty
Officers.--The'';
(C) by striking ``(2)(A) The Secretary'' and inserting ``(b)
Other Officers.--(1) The Secretary'';
(D) by striking ``in subparagraph (B)'' and inserting ``in
paragraph (2)'';
(E) by striking ``(B) The Secretary'' and inserting ``(2)
The Secretary''; and
(F) by striking ``in subparagraph (A)'' and inserting ``in
paragraph (1)''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 663. Joint duty assignments after completion of joint
professional military education''.
(B) The item relating to that section in the table of sections at
the beginning of chapter 38 of such title is amended to read as follows:
``663. Joint duty assignments after completion of joint professional
military education.''.
(d) Conforming Repeal.--Section 1123(b) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
103 Stat. 1556) is repealed.
(e) Clerical Amendment.--The tables of chapters at the beginning of
subtitle A, and at the beginning of part III of subtitle
[[Page 118 STAT. 1901]]
A, of title 10, United States Code, are amended by striking the item
relating to chapter 107 and inserting the following:
``106A. Educational Assistance for Persons Enlisting for Active
Duty.............................................................. 2141
``107. Professional Military Education .........................2151''.
SEC. 533. JOINT REQUIREMENTS FOR PROMOTION TO FLAG OR GENERAL OFFICER
GRADE.
(a) Effective Date for Joint Specialty Officer Requirement.--
Subsection (a)(2) of section 619a of title 10, United States Code, is
amended by striking ``September 30, 2007'' and inserting ``September 30,
2008''.
(b) Exception to Joint Duty Requirement for Officers Serving in
Joint Duty Assignment When Considered for Promotion.--Subsection (b)(4)
of such section is amended by striking ``if--'' and all that follows
through ``(B) the officer's'' and inserting ``if the officer's''.
SEC. 534. CLARIFICATION OF TOURS OF DUTY QUALIFYING AS A JOINT DUTY
ASSIGNMENT.
(a) Joint Duty Assignment List.--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) Consecutive Tours of Duty in Joint Duty Assignments.--Subsection
(c) of such section is amended by striking ``within the same
organization''.
(c) <<NOTE: 10 USC 668 note.>> Effective Date.--The amendment made
by subsection (b) shall not apply in the case of a joint duty assignment
completed by an officer before the date of the enactment of this Act,
except in the case of an officer who has continued in joint duty
assignments, without a break in service in such assignments, between the
end of such assignment and the date of the enactment of this Act.
SEC. 535. TWO-YEAR EXTENSION OF TEMPORARY STANDARD FOR PROMOTION POLICY
OBJECTIVES FOR JOINT OFFICERS.
Section 662(a)(2) of title 10, United States Code, is amended by
striking ``December 27, 2004'' in subparagraphs (A) and (B) and
inserting ``December 27, 2006''.
SEC. 536. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE REQUIREMENT THAT
RESERVE CHIEFS AND NATIONAL GUARD DIRECTORS HAVE SIGNIFICANT
JOINT DUTY EXPERIENCE.
(a) Extension.--Sections 3038(b)(4), 5143(b)(4), 5144(b)(4),
8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are
amended by striking ``December 31, 2004,'' and inserting ``December 31,
2006,''.
(b) <<NOTE: Deadline.>> Future Compliance.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate a plan
for ensuring that all officers selected after December 31, 2006, for
recommendation for appointment as a Reserve chief or National Guard
director have significant joint duty experience, as required by law, and
may be so recommended without requirement for a wavier of such
requirement. Such plan shall be developed in coordination with the
Chairman of the Joint Chiefs of Staff.
[[Page 118 STAT. 1902]]
Subtitle E--Military Service Academies
SEC. 541. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS SERVICE
ACADEMY SUPERINTENDENTS.
(a) Authority to Waive Requirement That Officers Retire After
Service as Superintendent.--Title 10, United States Code, is amended as
follows:
(1) Military academy.--Section 3921 is amended--
(A) by inserting ``(a) Mandatory Retirement.--''
before ``Upon the''; and
(B) by adding at the end the following:
``(b) Waiver Authority.--The Secretary of Defense may waive the
requirement in subsection (a) for good cause. In each case in which such
a waiver is granted for an officer, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a written notification of the waiver, with a statement
of the reasons supporting the decision that the officer not retire, and
a written notification of the intent of the President to nominate the
officer for reassignment.''.
(2) Naval academy.--Section 6371 is amended--
(A) by inserting ``(a) Mandatory Retirement.--''
before ``Upon the''; and
(B) by adding at the end the following:
``(b) Waiver Authority.--The Secretary of Defense may waive the
requirement in subsection (a) for good cause. In each case in which such
a waiver is granted for an officer, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a written notification of the waiver, with a statement
of the reasons supporting the decision that the officer not retire, and
a written notification of the intent of the President to nominate the
officer for reassignment.''.
(3) Air Force Academy.--Section 8921 is amended--
(A) by inserting ``(a) Mandatory Retirement.--''
before ``Upon the''; and
(B) by adding at the end the following:
``(b) Waiver Authority.--The Secretary of Defense may waive the
requirement in subsection (a) for good cause. In each case in which such
a waiver is granted for an officer, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a written notification of the waiver, with a statement
of the reasons supporting the decision that the officer not retire, and
a written notification of the intent of the President to nominate the
officer for reassignment.''.
(b) Minimum Three-Year Tour of Duty as Superintendent.--Title 10,
United States Code, is amended as follows:
(1) Military academy.--Section 4333a is amended--
(A) by inserting ``(a) Retirement.--'' before ``As
a'';
(B) by inserting before the period at the end the
following: ``pursuant to section 3921(a) of this title,
unless such retirement is waived under section 3921(b)
of this title''; and
(C) by adding at the end the following:
``(b) Minimum Tour of Duty.--An officer who is detailed to the
position of Superintendent of the Academy shall be so detailed for a
period of not less than three years. In any case in which an officer
serving as Superintendent is reassigned or retires before
[[Page 118 STAT. 1903]]
having completed three years service as Superintendent, or otherwise
leaves that position (other than due to death) without having completed
three years service in that position, the Secretary of the Army shall
submit to Congress notice that such officer left the position of
Superintendent without having completed three years service in that
position, together with a statement of the reasons why that officer did
not complete three years service in that position.''.
(2) Naval academy.--Section 6951a is amended--
(A) by inserting before the period at the end of
subsection (b) the following: ``pursuant to section
6371(a) of this title, unless such retirement is waived
under section 6371(b) of this title''; and
(B) by adding at the end the following new
subsection:
``(c) An officer who is detailed to the position of Superintendent
shall be so detailed for a period of not less than three years. In any
case in which an officer serving as Superintendent is reassigned or
retires before having completed three years service as Superintendent,
or otherwise leaves that position (other than due to death) without
having completed three years service in that position, the Secretary of
the Navy shall submit to Congress notice that such officer left the
position of Superintendent without having completed three years service
in that position, together with a statement of the reasons why that
officer did not complete three years service in that position.''.
(3) Air force academy.--Section 9333a is amended--
(A) by inserting ``(a) Retirement.--'' before ``As
a'';
(B) by inserting before the period at the end the
following: ``pursuant to section 8921(a) of this title,
unless such retirement is waived under section 8921(b)
of this title''; and
(C) by adding at the end the following:
``(b) Minimum Tour of Duty.--An officer who is detailed to the
position of Superintendent of the Academy shall be so detailed for a
period of not less than three years. In any case in which an officer
serving as Superintendent is reassigned or retires before having
completed three years service as Superintendent, or otherwise leaves
that position (other than due to death) without having completed three
years service in that position, the Secretary of the Air Force shall
submit to Congress notice that such officer left the position of
Superintendent without having completed three years service in that
position, together with a statement of the reasons why that officer did
not complete three years service in that position.''.
(c) Clerical Amendments.--Title 10, United States Code, is amended
as follows:
(1)(A) The heading for section 3921 is amended to read as
follows:
[[Page 118 STAT. 1904]]
``Sec. 3921. Mandatory retirement: Superintendent of the United States
Military Academy; waiver authority''.
(B) The item relating to that section in the table of
sections at the beginning of chapter 367 is amended to read as
follows:
``3921. Mandatory retirement: Superintendent of the United States
Military Academy; waiver authority.''.
(2)(A) The heading for section 6371 is amended to read as
follows:
``Sec. 6371. Mandatory retirement: Superintendent of the United States
Naval Academy; waiver authority''.
(B) The item relating to that section in the table of
sections at the beginning of chapter 573 is amended to read as
follows:
``6371. Mandatory retirement: Superintendent of the United States Naval
Academy; waiver authority.''.
(3)(A) The heading for section 8921 is amended to read as
follows:
``Sec. 8921. Mandatory retirement: Superintendent of the United States
Air Force Academy; waiver authority''.
(B) The item relating to that section in the table of
sections at the beginning of chapter 867 is amended to read as
follows:
``8921. Mandatory retirement: Superintendent of the United States Air
Force Academy; waiver authority.''.
SEC. 542. ACADEMIC QUALIFICATIONS OF THE DEAN OF THE FACULTY OF UNITED
STATES AIR FORCE ACADEMY.
Section 9335(a) of title 10, United States Code, is amended by
inserting before the period at the end of the second sentence the
following: ``, except that a person may not be appointed or assigned as
Dean unless that person holds the highest academic degree in that
person's academic field''.
SEC. 543. BOARD OF VISITORS OF UNITED STATES AIR FORCE ACADEMY.
Section 9355 of title 10, United States Code, is amended to read as
follows:
``Sec. 9355. Board of Visitors
``(a) A Board of Visitors to the Academy is constituted annually.
The Board consists of the following members:
``(1) Six persons designated by the President.
``(2) The chairman of the Committee on Armed Services of the
House of Representatives, or his designee.
``(3) Four persons designated by the Speaker of the House of
Representatives, three of whom shall be members of the House of
Representatives and the fourth of whom may not be a member of
the House of Representatives.
``(4) The chairman of the Committee on Armed Services of the
Senate, or his designee.
``(5) Three other members of the Senate designated by the
Vice President or the President pro tempore of the Senate, two
of whom are members of the Committee on Appropriations of the
Senate.
``(b)(1) The persons designated by the President serve for three
years each except that any member whose term of office has expired
[[Page 118 STAT. 1905]]
shall continue to serve until his successor is designated. The President
shall designate persons each year to succeed the members designated by
the President whose terms expire that year.
``(2) At least two of the members designated by the President shall
be graduates of the Academy.
``(c)(1) If a member of the Board dies or resigns or is terminated
as a member of the board under paragraph (2), a successor shall be
designated for the unexpired portion of the term by the official who
designated the member.
``(2)(A) If a member of the Board fails to attend two successive
Board meetings, except in a case in which an absence is approved in
advance, for good cause, by the Board chairman, such failure shall be
grounds for termination from membership on the Board. A person
designated for membership on the Board shall be provided notice of the
provisions of this paragraph at the time of such designation.
``(B) Termination of membership on the Board under subparagraph
(A)--
``(i) in the case of a member of the Board who is not a
member of Congress, may be made by the Board chairman; and
``(ii) in the case of a member of the Board who is a member
of Congress, may be made only by the official who designated the
member.
``(C) When a member of the Board is subject to termination from
membership on the Board under subparagraph (A), the Board chairman shall
notify the official who designated the member. Upon receipt of such a
notification with respect to a member of the Board who is a member of
Congress, the official who designated the member shall take such action
as that official considers appropriate.
``(d) The Board should meet at least four times a year, with at
least two of those meetings at the Academy. The Board or its members may
make other visits to the Academy in connection with the duties of the
Board. Board meetings should last at least one full day. Board members
shall have access to the Academy grounds and the cadets, faculty, staff,
and other personnel of the Academy for the purposes of the duties of the
Board.
``(e)(1) The Board shall inquire into the morale, discipline, and
social climate, the curriculum, instruction, physical equipment, fiscal
affairs, academic methods, and other matters relating to the Academy
that the Board decides to consider.
``(2) The Secretary of the Air Force and the Superintendent of the
Academy shall provide the Board candid and complete disclosure,
consistent with applicable laws concerning disclosure of information,
with respect to institutional problems.
``(3) The Board shall recommend appropriate action.
``(f) The Board shall prepare a semiannual report containing its
views and recommendations pertaining to the Academy, based on its
meeting since the last such report and any other considerations it
determines relevant. Each such report shall be submitted concurrently to
the Secretary of Defense, through the Secretary of the Air Force, and to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.
``(g) Upon approval by the Secretary, the Board may call in advisers
for consultation.
[[Page 118 STAT. 1906]]
``(h) While performing duties as a member of the Board, each member
of the Board and each adviser shall be reimbursed under Government
travel regulations for travel expenses.''.
SEC. 544. APPROPRIATED FUNDS FOR SERVICE ACADEMY ATHLETIC AND
RECREATIONAL EXTRACURRICULAR PROGRAMS TO BE TREATED IN SAME
MANNER AS FOR MILITARY MORALE, WELFARE, AND RECREATION
PROGRAMS.
(a) United States Military Academy.--(1) Chapter 403 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 4359. Mixed-funded athletic and recreational extracurricular
programs: authority to manage appropriated funds
in same manner as nonappropriated funds
``(a) Authority.--In the case of an Academy mixed-funded athletic or
recreational extracurricular program, the Secretary of the Army may
designate funds appropriated to the Department of the Army and available
for that program to be treated as nonappropriated funds and expended for
that program in accordance with laws applicable to the expenditure of
nonappropriated funds. Appropriated funds so designated shall be
considered to be nonappropriated funds for all purposes and shall remain
available until expended.
``(b) Covered Programs.--In this section, the term `Academy mixed-
funded athletic or recreational extracurricular program' means an
athletic or recreational extracurricular program of the Academy to which
each of the following applies:
``(1) The program is not considered a morale, welfare, or
recreation program.
``(2) The program is supported through appropriated funds.
``(3) The program is supported by a nonappropriated fund
instrumentality.
``(4) The program is not a private organization and is not
operated by a private organization.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``4359. Mixed-funded athletic and recreational extracurricular programs:
authority to manage appropriated funds in same manner as
nonappropriated funds.''.
(b) United States Naval Academy.--(1) Chapter 603 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 6978. Mixed-funded athletic and recreational extracurricular
programs: authority to manage appropriated funds
in same manner as nonappropriated funds
``(a) Authority.--In the case of a Naval Academy mixed-funded
athletic or recreational extracurricular program, the Secretary of the
Navy may designate funds appropriated to the Department of the Navy and
available for that program to be treated as nonappropriated funds and
expended for that program in accordance with laws applicable to the
expenditure of nonappropriated funds.
[[Page 118 STAT. 1907]]
Appropriated funds so designated shall be considered to be
nonappropriated funds for all purposes and shall remain available until
expended.
``(b) Covered Programs.--In this section, the term `Naval Academy
mixed-funded athletic or recreational extracurricular program' means an
athletic or recreational extracurricular program of the Naval Academy to
which each of the following applies:
``(1) The program is not considered a morale, welfare, or
recreation program.
``(2) The program is supported through appropriated funds.
``(3) The program is supported by a nonappropriated fund
instrumentality.
``(4) The program is not a private organization and is not
operated by a private organization.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``6978. Mixed-funded athletic and recreational extracurricular programs:
authority to manage appropriated funds in same manner as
nonappropriated funds.''.
(c) United States Air Force Academy.--(1) Chapter 903 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 9359. Mixed-funded athletic and recreational extracurricular
programs: authority to manage appropriated funds
in same manner as nonappropriated funds
``(a) Authority.--In the case of an Academy mixed-funded athletic or
recreational extracurricular program, the Secretary of the Air Force may
designate funds appropriated to the Department of the Air Force and
available for that program to be treated as nonappropriated funds and
expended for that program in accordance with laws applicable to the
expenditure of nonappropriated funds. Appropriated funds so designated
shall be considered to be nonappropriated funds for all purposes and
shall remain available until expended.
``(b) Covered Programs.--In this section, the term `Academy mixed-
funded athletic or recreational extracurricular program' means an
athletic or recreational extracurricular program of the Academy to which
each of the following applies:
``(1) The program is not considered a morale, welfare, or
recreation program.
``(2) The program is supported through appropriated funds.
``(3) The program is supported by a nonappropriated fund
instrumentality.
``(4) The program is not a private organization and is not
operated by a private organization.''.
(2) The table of sections at the beginning of such title is amended
by adding at the end the following new item:
``9359. Mixed-funded athletic and recreational extracurricular programs:
authority to manage appropriated funds in same manner as
nonappropriated funds.''.
(d) <<NOTE: 10 USC 4359 note.>> Effective Date and Applicability.--
Sections 4359, 6978, and 9359 of title 10, United States Code, shall
apply only with respect to funds appropriated for fiscal years after
fiscal year 2004.
[[Page 118 STAT. 1908]]
SEC. 545. CODIFICATION OF PROHIBITION ON IMPOSITION OF CERTAIN CHARGES
AND FEES AT THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Chapter 403 of title 10,
United States Code, as amended by 544(a)(1), is further amended by
adding at the end the following new section:
``Sec. 4360. Cadets: charges and fees for attendance; limitation
``(a) Prohibition.--Except as provided in subsection (b), no charge
or fee for tuition, room, or board for attendance at the Academy may be
imposed unless the charge or fee is specifically authorized by a law
enacted after October 5, 1994.
``(b) Exception.--The prohibition specified in subsection (a) does
not apply with respect to any item or service provided to cadets for
which a charge or fee is imposed as of October 5, 1994. The Secretary of
Defense shall <<NOTE: Notification.>> notify Congress of any change made
by the Academy in the amount of a charge or fee authorized under this
subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item added by section 544(a)(2) the
following new item:
``4360. Cadets: charges and fees for attendance; limitation.''.
(b) United States Naval Academy.--(1) Chapter 603 of title 10,
United States Code, as amended by 544(b)(1), is further amended by
adding at the end the following new section:
``Sec. 6979. Midshipmen: charges and fees for attendance; limitation
``(a) Prohibition.--Except as provided in subsection (b), no charge
or fee for tuition, room, or board for attendance at the Naval Academy
may be imposed unless the charge or fee is specifically authorized by a
law enacted after October 5, 1994.
``(b) Exception.--The prohibition specified in subsection (a) does
not apply with respect to any item or service provided to midshipmen for
which a charge or fee is imposed as of October 5, 1994. The Secretary of
Defense shall <<NOTE: Notification.>> notify Congress of any change made
by the Naval Academy in the amount of a charge or fee authorized under
this subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item added by section 544(b)(2) the
following new item:
``6979. Midshipmen: charges and fees for attendance; limitation.''.
(c) United States Air Force Academy.--(1) Chapter 903 title 10,
United States Code, as amended by 544(c)(1), is further amended by
adding at the end the following new section:
``Sec. 9360. Cadets: charges and fees for attendance; limitation
``(a) Prohibition.--Except as provided in subsection (b), no charge
or fee for tuition, room, or board for attendance at the Academy may be
imposed unless the charge or fee is specifically authorized by a law
enacted after October 5, 1994.
``(b) Exception.--The prohibition specified in subsection (a) does
not apply with respect to any item or service provided to cadets for
which a charge or fee is imposed as of October 5, 1994. The Secretary of
Defense shall <<NOTE: Notification.>> notify Congress of any change made
[[Page 118 STAT. 1909]]
by the Academy in the amount of a charge or fee authorized under this
subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item added by section 544(c)(2) the
following new item:
``9360. Cadets: charges and fees for attendance; limitation.''.
(d) United States Coast Guard Academy.--(1) Chapter 9 of title 14,
United States Code, is amended by adding at the end the following new
section:
``Sec. 197. Cadets: charges and fees for attendance; limitation
``(a) Prohibition.--Except as provided in subsection (b), no charge
or fee for tuition, room, or board for attendance at the Academy may be
imposed unless the charge or fee is specifically authorized by a law
enacted after October 5, 1994.
``(b) Exception.--The prohibition specified in subsection (a) does
not apply with respect to any item or service provided to cadets for
which a charge or fee is imposed as of October 5, 1994. The Secretary of
Homeland Security shall <<NOTE: Notification.>> notify Congress of any
change made by the Academy in the amount of a charge or fee authorized
under this subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``197. Cadets: charges and fees for attendance; limitation.''.
(e) United States Merchant Marine Academy.--Section 1303 of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1295b), is amended by adding
at the end the following new subsection:
``(j) Limitation on Charges and Fees for Attendance.--
``(1) Except as provided in paragraph (2), no charge or fee
for tuition, room, or board for attendance at the Academy may be
imposed unless the charge or fee is specifically authorized by a
law enacted after October 5, 1994.
``(2) The prohibition specified in paragraph (1) does not
apply with respect to any item or service provided to cadets for
which a charge or fee is imposed as of October 5, 1994. The
Secretary of Transportation shall <<NOTE: Notification.>> notify
Congress of any change made by the Academy in the amount of a
charge or fee authorized under this paragraph.''.
(f) Repeal of Codified Provision.--Section 553 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10
U.S.C. 4331 note) is repealed.
Subtitle F--Other Education and Training Matters
SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PROGRAM.
(a) Codification and Extension of Army Program.--(1) Chapter 31 of
title 10, United States Code, is amended by inserting after section 510
the following new section:
``Sec. 511. College First Program
``(a) Program Authority.--The Secretary of each military department
may establish a program to increase the number of, and the level of the
qualifications of, persons entering the armed
[[Page 118 STAT. 1910]]
forces as enlisted members by encouraging recruits to pursue higher
education or vocational or technical training before entry into active
service.
``(b) Delayed Entry With Allowance for Higher Education.--The
Secretary concerned may--
``(1) exercise the authority under section 513 of this
title--
``(A) to accept the enlistment of a person as a
Reserve for service in the Selected Reserve or
Individual Ready Reserve of a reserve component,
notwithstanding the scope of the authority under
subsection (a) of that section, in the case of the Army
National Guard of the United States or Air National
Guard of the United States; and
``(B) to authorize, notwithstanding the period
limitation in subsection (b) of that section, a delay of
the enlistment of any such person in a regular component
under that subsection for the period during which the
person is enrolled in, and pursuing a program of
education at, an institution of higher education, or a
program of vocational or technical training, on a full-
time basis that is to be completed within the maximum
period of delay determined for that person under
subsection (c); and
``(2) subject to paragraph (2) of subsection (d) and except
as provided in paragraph (3) of that subsection, pay an
allowance to a person accepted for enlistment under paragraph
(1)(A) for each month of the period during which that person is
enrolled in and pursuing a program described in paragraph
(1)(B).
``(c) Maximum Period of Delay.--The period of delay authorized a
person under paragraph (1)(B) of subsection (b) may not exceed the 30-
month period beginning on the date of the person's enlistment accepted
under paragraph (1)(A) of such subsection.
``(d) Allowance.--(1) The monthly allowance paid under subsection
(b)(2) shall be equal to the amount of the subsistence allowance
provided for certain members of the Senior Reserve Officers' Training
Corps with the corresponding number of years of participation under
section 209(a) of title 37. The Secretary concerned may supplement that
stipend by an amount not to exceed $225 per month.
``(2) An allowance may not be paid to a person under this section
for more than 24 months.
``(3) A member of the Selected Reserve of a reserve component may be
paid an allowance under this section only for months during which the
member performs satisfactorily as a member of a unit of the reserve
component that trains as prescribed in section 10147(a)(1) of this title
or section 502(a) of title 32. Satisfactory performance shall be
determined under regulations prescribed by the Secretary concerned.
``(4) An allowance under this section is in addition to any other
pay or allowance to which a member of a reserve component is entitled by
reason of participation in the Ready Reserve of that component.
``(e) Recoupment of Allowance.--(1) A person who, after receiving an
allowance under this section, fails to complete the total period of
service required of that person in connection with delayed entry
authorized for the person under section 513 shall repay the United
States the amount which bears the same ratio to the total amount of that
allowance paid to the person as the
[[Page 118 STAT. 1911]]
unserved part of the total required period of service bears to the total
period.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge of a person in bankruptcy under title 11 that is
entered less than five years after the date on which the person was, or
was to be, enlisted in the regular Army pursuant to the delayed entry
authority under section 513 does not discharge that person from a debt
arising under paragraph (1).
``(4) The Secretary concerned may waive, in whole or in part, a debt
arising under paragraph (1) in any case for which the Secretary
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(f) Special Pay and Bonuses.--Upon enlisting in the regular
component of the member's armed force, a person who initially enlisted
as a Reserve under this section may, at the discretion of the Secretary
concerned, be eligible for all regular special pays, bonuses, education
benefits, and loan repayment programs.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 510 the
following new item:
``511. College First Program.''.
(b) <<NOTE: 10 USC 511 note.>> Continuation for Army of Prior Army
College First Program.--The Secretary of the Army shall treat the
program under section 511 of title 10, United States Code, as added by
subsection (a), as a continuation of the program under section 573 of
the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C.
513 note), and for such purpose the Secretary may treat such section 511
as having been enacted on October 1, 2004.
SEC. 552. SENIOR RESERVE OFFICERS' TRAINING CORPS AND RECRUITER ACCESS
AT INSTITUTIONS OF HIGHER EDUCATION.
(a) Equal Treatment of Military Recruiters With Other Recruiters.--
Subsection (b)(1) of section 983 of title 10, United States Code, is
amended--
(1) by striking ``entry to campuses'' and inserting ``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 access to campuses and to students that is provided
to any other employer''.
(b) Prohibition of Funding for Post-secondary Schools That Prevent
ROTC Access or Military Recruiting.--(1) Subsection (d) of such section
is amended--
(A) in paragraph (1)--
(i) by striking ``limitation established in
subsection (a) applies'' and inserting ``limitations
established in subsections (a) and (b) apply'';
(ii) in subparagraph (B), by inserting ``for any
department or agency for which regular appropriations
are made'' after ``made available''; and
(iii) by adding at the end the following new
subparagraphs:
[[Page 118 STAT. 1912]]
``(C) Any funds made available for the Department of
Homeland Security.
``(D) Any funds made available for the National Nuclear
Security Administration of the Department of Energy.
``(E) Any funds made available for the Department of
Transportation.
``(F) Any funds made available for the Central Intelligence
Agency.''; and
(B) by striking paragraph (2).
(2)(A) Subsection (b) of such section is amended by striking
``subsection (d)(2)'' and inserting ``subsection (d)(1)''.
(B) Subsection (e) of such section is amended by inserting ``, to
the head of each other department and agency the funds of which are
subject to the determination,'' after ``Secretary of Education''.
(c) Codification and Extension of Exclusion Of Amounts to Cover
Individual Payments.--Subsection (d) of such section, as amended by
subsection (b)(1), is further amended--
(1) by striking ``The'' after ``(1)'' and inserting ``Except
as provided in paragraph (2), the''; and
(2) by adding at the end the following new paragraph:
``(2) 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.''.
(d) Conforming Amendments.--Subsections (a) and (b) of such section
are amended by striking ``(including a grant of funds to be available
for student aid)''.
(e) 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 repealed.
(f) <<NOTE: 10 USC 983 note.>> Effective Date.--The amendments made
by this section shall apply with respect to funds appropriated for
fiscal year 2005 and thereafter.
SEC. 553. TUITION ASSISTANCE FOR OFFICERS.
(a) Authority To Reduce or Waive Active Duty Service Obligation.--
Subsection (b) of section 2007 of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by inserting ``or full-time National Guard duty'' after
``active duty'' each place it appears; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), the Secretary of the military
department may reduce or waive the active duty service obligation--
``(A) in the case of a commissioned officer who is subject
to mandatory separation;
``(B) in the case of a commissioned officer who has
completed the period of active duty service in support of a
contingency operation; or
``(C) in other exigent circumstances as determined by the
Secretary.''.
(b) Increase in Tuition Assistance Authorized for Army Officers in
the Selected Reserve.--Paragraph (1) of section
[[Page 118 STAT. 1913]]
2007(c) of title 10, United States Code, is amended to read as follows:
``(1) Subject to paragraphs (2) and (3), the Secretary of the Army
may pay the charges of an educational institution for the tuition or
expenses of an officer in the Selected Reserve of the Army National
Guard or the Army Reserve for education or training of such officer.''.
(c) <<NOTE: 10 USC 2007 note.>> Effective Date.--The amendment made
by subsection (a) may, at the discretion of the Secretary concerned, be
applied to a service obligation incurred by an officer serving on active
duty as of the date of the enactment of this Act.
SEC. 554. INCREASED MAXIMUM PERIOD FOR LEAVE OF ABSENCE FOR PURSUIT OF A
PROGRAM OF EDUCATION IN A HEALTH CARE PROFESSION.
Section 708(a) of title 10, United States Code, is amended--
(1) by striking ``for a period not to exceed two years'';
and
(2) by adding at the end the following: ``The period of a
leave of absence granted under this section may not exceed two
years, except that the period may exceed two years but may not
exceed three years in the case of an eligible member pursuing a
program of education in a health care profession.''.
SEC. 555. ELIGIBILITY OF CADETS AND MIDSHIPMEN FOR MEDICAL AND DENTAL
CARE AND DISABILITY BENEFITS.
(a) Medical and Dental Care.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1074a the following
new section:
``Sec. 1074b. Medical and dental care: Academy cadets and midshipmen;
members of, and designated applicants for
membership in, Senior ROTC
``(a) Eligibility.--Under joint regulations prescribed by the
administering Secretaries, the following persons are, except as provided
in subsection (c), entitled to the benefits described in subsection (b):
``(1) A cadet at the United States Military Academy, the
United States Air Force Academy, or the Coast Guard Academy, and
a midshipman at the United States Naval Academy, who incurs or
aggravates an injury, illness, or disease in the line of duty.
``(2) A member of, and a designated applicant for membership
in, the Senior Reserve Officers' Training Corps who incurs or
aggravates an injury, illness, or disease--
``(A) in the line of duty while performing duties
under section 2109 of this title;
``(B) while traveling directly to or from the place
at which that member or applicant is to perform or has
performed duties pursuant to section 2109 of this title;
or
``(C) in the line of duty while remaining overnight
immediately before the commencement of duties performed
pursuant to section 2109 of this title or, while
remaining overnight, between successive periods of
performing duties pursuant to section 2109 of this
title, at or in the vicinity of the site of the duties
performed pursuant to section
[[Page 118 STAT. 1914]]
2109 of this title, if the site is outside reasonable
commuting distance from the residence of the member or
designated applicant.
``(b) Benefits.--A person eligible for benefits under subsection (a)
for an injury, illness, or disease is entitled to--
``(1) the medical and dental care under this chapter that is
appropriate for the treatment of the injury, illness, or disease
until the injury, illness, disease, or any resulting disability
cannot be materially improved by further hospitalization or
treatment; and
``(2) meals during hospitalization.
``(c) Exception for Gross Negligence or Misconduct.--A person is not
entitled to benefits under subsection (b) for an injury, illness, or
disease, or the aggravation of an injury, illness, or disease that is a
result of the gross negligence or the misconduct of that person.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074a the
following new item:
``1074b. Medical and dental care: Academy cadets and midshipmen; members
of, and designated applicants for membership in, Senior
ROTC.''.
(b) Eligibility of Academy Cadets and Midshipmen for Disability
Retired Pay.--(1) Section 1217 of title 10, United States Code, is
amended to read as follows:
``Sec. 1217. Academy cadets and midshipmen: applicability of chapter
``(a) This chapter applies to cadets at the United States Military
Academy, the United States Air Force Academy, and the United States
Coast Guard Academy and midshipmen of the United States Naval Academy,
but only with respect to physical disabilities incurred after the date
of the enactment of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005.
``(b) Monthly cadet pay and monthly midshipman pay under section
203(c) of title 37 shall be considered to be basic pay for purposes of
this chapter and the computation of retired pay and severance and
separation pay to which entitlement is established under this
chapter.''.
(2) The item related to section 1217 in the table of sections at the
beginning of chapter 61 of such title is amended to read as follows:
``1217. Academy cadets and midshipmen: applicability of chapter.''.
SEC. 556. TRANSFER OF AUTHORITY TO CONFER DEGREES UPON GRADUATES OF THE
COMMUNITY COLLEGE OF THE AIR FORCE.
(a) Transfer to Commander of Air University.--Subsection (a) of
section 9317 of title 10, United States Code, is amended--
(1) by striking ``may confer--'' and inserting ``may confer
academic degrees as follows:'';
(2) by striking ``the'' in paragraphs (1), (2), and (3)
after the paragraph designation and inserting ``The'';
(3) by striking the semicolon at the end of paragraph (1)
and inserting a period;
(4) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
[[Page 118 STAT. 1915]]
(5) by adding at the end the following new paragraph:
``(4) An academic degree at the level of associate upon
graduates of the Community College of the Air Force who fulfill
the requirements for that degree.''.
(b) Conforming Amendment.--Subsection (c) of section 9315 of such
title is amended to read as follows:
``(c) Associate Degrees.--(1) Subject to paragraph (2), an academic
degree at the level of associate may be conferred under section 9317 of
this title upon any enlisted member who has completed a program
prescribed by the Community College of the Air Force.
``(2) No degree may be conferred upon any enlisted member under this
section unless the Secretary of Education determines that the standards
for the award of academic degrees in agencies of the United States have
been met.''.
(c) Clerical Amendments.--(1) The heading of section 9317 of such
title is amended to read as follows:
``Sec. 9317. Air University: 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. 557. CHANGE IN TITLES OF LEADERSHIP POSITIONS AT THE NAVAL
POSTGRADUATE SCHOOL.
(a) <<NOTE: 10 USC 7042 note.>> Designation of President.--(1) The
position of Superintendent of the Naval Postgraduate School is
redesignated as President of the Naval Postgraduate School.
(2) <<NOTE: 10 USC 7042 note; 37 USC 414.>> Any reference to the
Superintendent of the Naval Postgraduate School in any law, rule,
regulation, document, record, or other paper of the United States shall
be deemed to be a reference to the President of the Naval Postgraduate
School.
(3)(A) Section 7042 of title 10, United States Code, is amended by
striking ``Superintendent'' each place it appears in the text and
inserting ``President''.
(B) The heading of such section is amended to read as follows:
``Sec. 7042. President; assistants''.
(4)(A) Section 7044 of such title is amended by striking
``Superintendent'' and inserting ``President of the school''.
(B) Sections 7048(a) and 7049(e) of such title are amended by
striking ``Superintendent'' and inserting ``President''.
(b) Designation of Provost and Academic Dean.--(1) The position of
Academic Dean of the Naval Postgraduate School is redesignated as
Provost and Academic Dean of the Naval Postgraduate School.
(2) Any reference to the Academic Dean of the Naval Postgraduate
School in any law, rule, regulation, document, record, or other paper of
the United States shall be deemed to be a reference to the Provost and
Academic Dean of the Naval Postgraduate School.
(3)(A) Subsection (a) of section 7043 of title 10, United States
Code, is amended to read as follows:
``(a) There is at the Naval Postgraduate School the civilian
position of Provost and Academic Dean. The Provost and Academic Dean
shall be appointed, to serve for periods of not more than
[[Page 118 STAT. 1916]]
five years, by the Secretary of the Navy. Before making an appointment
to the position of Provost and Academic Dean, the Secretary shall
consult with the Board of Advisors for the Naval Postgraduate School and
shall consider any recommendation of the leadership and faculty of the
Naval Postgraduate School regarding an appointment to that position.''.
(B) The heading of such section is amended to read as follows:
``Sec. 7043. Provost and Academic Dean''.
(4) Sections 7043(b) and 7081(a) of title 10, United States Code,
are amended by striking ``Academic Dean'' and inserting ``Provost and
Academic Dean''.
(5)(A) Section 5102(c)(10) of title 5, United States Code, is
amended by striking ``Academic Dean of the Postgraduate School of the
Naval Academy'' and inserting ``Provost and Academic Dean of the Naval
Postgraduate School''.
(B) Subsection (b) of such section is amended by striking ``Academic
Dean'' and inserting ``Provost and Academic Dean''.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 605 of such title 10, United States Code, is amended by striking
the items related to sections 7042 and 7043 and inserting the following
new items:
``7042. President; assistants.
``7043. Provost and Academic Dean.''.
Subtitle G--Assistance to Local Educational Agencies for Defense
Dependents Education
SEC. 558. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF DEPENDENTS
OF CERTAIN MEMBERS DESPITE CHANGE IN STATUS OF MEMBER.
(a) Special Rule.--For purposes of computing the amount of a payment
for an eligible local educational agency under subsection (a) of section
8003 of the Elementary and Secondary Education Act (20 U.S.C. 7703) for
school year 2004-2005, the Secretary of Education shall continue to
count as a child enrolled in a school of such agency under such
subsection any child who--
(1) would be counted under paragraph (1)(B) of such
subsection to determine the number of children who were in
average daily attendance in the school; but
(2) due to the deployment of both parents or legal guardians
of the child, the deployment of a parent or legal guardian
having sole custody of the child, or the death of a military
parent or legal guardian while on active duty (so long as the
child resides on Federal property (as defined in section 8013(5)
of such Act (20 U.S.C. 7713(5))), is not eligible to be so
counted.
(b) Termination.--The special rule provided under subsection (a)
applies only so long as the children covered by such subsection remain
in average daily attendance at a school in the same local educational
agency they attended before their change in eligibility status.
[[Page 118 STAT. 1917]]
SEC. 559. 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 authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$30,000,000 shall be available only for the purpose of providing
educational agencies assistance to local educational agencies.
(b) <<NOTE: Deadline.>> 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--
(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 Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification 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 Elementary 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)).
SEC. 560. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$5,000,000 shall be available for payments 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).
Subtitle H--Medals and Decorations and Special Promotions and
Appointments
SEC. 561. AWARD OF MEDAL OF HONOR TO INDIVIDUAL INTERRED IN THE TOMB OF
THE 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:
``Sec. 1134. Medal of honor: award to individual interred in Tomb of the
Unknowns as representative of casualties of a
war
``The medal of honor awarded posthumously to a deceased member of
the armed forces who, as an unidentified casualty of a particular war or
other armed conflict, is interred in the Tomb of the Unknowns at
Arlington National Cemetery, Virginia, is
[[Page 118 STAT. 1918]]
awarded to the member as the representative 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.''.
SEC. 562. PLAN FOR REVISED CRITERIA AND ELIGIBILITY REQUIREMENTS FOR
AWARD OF COMBAT INFANTRYMAN BADGE AND COMBAT MEDICAL BADGE
FOR SERVICE IN KOREA AFTER JULY 28, 1953.
(a) <<NOTE: Deadline.>> 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 Services 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 Combat 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 Infantryman Badge and the Combat Medical Badge for service
in the Republic of Korea after July 28, 1953, is to ensure fairness 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.
SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL CHARLES E. YEAGER,
UNITED STATES AIR FORCE (RETIRED), TO THE GRADE OF MAJOR
GENERAL ON THE RETIRED LIST.
The <<NOTE: President.>> President is authorized to appoint, by and
with the advice and consent of the Senate, Brigadier General Charles E.
Yeager, United States Air Force (retired), to the grade of major general
on the retired list of the Air Force. Any such appointment shall not
affect the retired pay or other benefits of Charles E. Yeager or any
benefits to which any other person is or may become entitled based upon
his service.
SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE GRADE OF
MAJOR GENERAL IN THE ARMY.
(a) <<NOTE: President.>> Authority.--The President, by and with the
advice and consent of the Senate, may issue posthumously a commission as
major general, United States Army, in the name of the late William
Mitchell, formerly a colonel, United States Army, who resigned his
commission on February 1, 1926.
(b) Date of Commission.--A commission issued under subsection (a)
shall issue as of the date of the death of William Mitchell on February
19, 1936.
(c) Prohibition of Benefits.--No person is entitled to receive any
bonus, gratuity, pay, allowance, or other financial benefit by reason of
the enactment of this section.
[[Page 118 STAT. 1919]]
Subtitle I--Military Voting
SEC. 566. 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) State Responsibilities.--Section 102(a)(3) of such Act (42
U.S.C. 1973ff-1(a)(3)) is amended by striking ``overseas voters'' and
inserting ``absent uniformed services voters and overseas voters''.
(c) 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 voters'' and
inserting ``absent uniformed services voters and overseas
voters'';
(2) in subsection (b), by striking the second sentence and
inserting the following new sentence: ``A Federal write-in
absentee ballot of an absent uniformed services voter or
overseas voter shall not be counted--
``(1) in the case of a ballot submitted by an overseas voter
who is not an absent uniformed services voter, if the ballot is
submitted from any location in the United States;
``(2) if the application of the absent uniformed services
voter or overseas voter for a State absentee ballot is received
by the appropriate State election official 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 general
election; or
``(3) if a State absentee ballot of the absent uniformed
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 uniformed services
voter or overseas voter''; and
(5) in subsection (e)(2), by striking ``overseas voters''
and inserting ``absent uniformed services voters and overseas
voters''.
(d) Conforming Amendments.--(1) The heading of section 103 of such
Act is amended to read as follows:
``SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GENERAL 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 inserting ``Absent Uniformed
Services Voter or Overseas Voter''.
SEC. 567. REPEAL OF REQUIREMENT TO CONDUCT ELECTRONIC VOTING
DEMONSTRATION PROJECT FOR THE FEDERAL ELECTION TO BE HELD IN
NOVEMBER 2004.
The first sentence of section 1604(a)(2) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
[[Page 118 STAT. 1920]]
Stat. 1277; 42 U.S.C. 1977ff note) is amended by striking ``until the
regularly scheduled general election for Federal office for November
2004'' and inserting the following: ``until the first regularly
scheduled general election for Federal office which occurs after the
Election Assistance Commission notifies the Secretary that the
Commission has established electronic absentee voting guidelines and
certifies that it will assist the Secretary in carrying out the
project''.
SEC. 568. REPORTS ON OPERATION OF FEDERAL VOTING ASSISTANCE PROGRAM AND
MILITARY POSTAL SYSTEM.
(a) Reports on Program and System.--(1) Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the actions that the Secretary has taken
to ensure that the Federal Voting Assistance Program carried out under
the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.) functions effectively to support absentee voting by
members of the Armed Forces deployed outside the United States in
support of Operation Iraqi Freedom, Operation Enduring Freedom, and all
other contingency operations.
(2) Not later than 60 days after the date of the submission of the
report required by paragraph (1), the Secretary of Defense shall submit
to Congress a report on the actions that the Secretary has taken to
ensure that the military postal system functions effectively to support
the morale of members referred to in such paragraph and their ability to
vote by absentee ballot.
(b) Report on Implementation of Postal System Improvements.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report specifying--
(1) the actions taken to implement the recommendations of
the Military Postal Service Agency Task Force, dated 28 August
2000; and
(2) in the case of each recommendation not implemented or
not fully implemented as of the date of the submission of the
report, the reasons for not implementing or not fully
implementing the recommendation, as the case may be.
Subtitle J--Military Justice Matters
SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COVERED BY UNIFORM CODE OF
MILITARY JUSTICE.
(a) Review Required.--The Secretary of Defense shall review the
Uniform Code of Military Justice and the Manual for Courts-Martial with
the objective of determining what changes are required to improve the
ability of the military justice system to address issues relating to
sexual assault and to conform the Uniform Code of Military Justice and
the Manual for Courts-Martial more closely to other Federal laws and
regulations that address such issues.
(b) Report.--Not later than March 1, 2005, the Secretary 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
the review carried out under subsection (a). The report shall include
the recommendations of the Secretary for revisions
[[Page 118 STAT. 1921]]
to the Uniform Code of Military Justice and, for each such revision, the
rationale behind that revision.
SEC. 572. 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 liability 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 during 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.''.
SEC. 573. <<NOTE: 10 USC 113 note.>> PROCESSING OF FORENSIC EVIDENCE
COLLECTION KITS AND ACQUISITION OF SUFFICIENT STOCKS OF SUCH
KITS.
(a) Elimination of Backlog, Etc.--The Secretary of Defense shall
take such steps as may be necessary to ensure that--
(1) the United States Army Criminal Investigation Laboratory
has the personnel and resources to effectively process forensic
evidence used by the Department of Defense within 60 days of
receipt by the laboratory of such evidence;
(2) consistent policies are established among the Armed
Forces to reduce the time period between the collection of
forensic evidence and the receipt and processing of such
evidence by United States Army Criminal Investigation
Laboratory; and
(3) there is an adequate supply of forensic evidence
collection kits--
(A) for all United States military installations,
including the military service academies; and
(B) for units of the Armed Forces deployed in
theaters of operation.
(b) Training.--The Secretary shall take such measures as the
Secretary considers appropriate to ensure that personnel are
appropriately trained--
(1) in the use of forensic evidence collection kits; and
(2) in the prescribed procedures to ensure protection of the
chain of custody of such kits once used.
SEC. 574. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.
(a) Department of the Army.--Section 3037 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking the second and third
sentences and inserting ``The term of office of the Judge
Advocate General and the Assistant Judge Advocate General is
four years.''; and
(2) by adding at the end the following new subsection:
[[Page 118 STAT. 1922]]
``(e) No officer or employee of the Department of Defense may
interfere with--
``(1) the ability of the Judge Advocate General to give
independent legal advice to the Secretary of the Army or the
Chief of Staff of the Army; or
``(2) the ability of judge advocates of the Army assigned or
attached to, or performing duty with, military units to give
independent legal advice to commanders.''.
(b) Department of the Navy.--(1) Section 5148 of such title is
amended by adding at the end the following new subsection:
``(e) No officer or employee of the Department of Defense may
interfere with--
``(1) the ability of the Judge Advocate General to give
independent legal advice to the Secretary of the Navy or the
Chief of Naval Operations; or
``(2) the ability of judge advocates of the Navy assigned or
attached to, or performing duty with, military units to give
independent legal advice to commanders.''.
(2) Section 5046 of such title is amended by adding at the end the
following new subsection:
``(c) No officer or employee of the Department of Defense may
interfere with--
``(1) the ability of the Staff Judge Advocate to the
Commandant of the Marine Corps to give independent legal advice
to the Commandant of the Marine Corps; or
``(2) the ability of judge advocates of the Marine Corps
assigned or attached to, or performing duty with, military units
to give independent legal advice to commanders.''.
(c) Department of the Air Force.--Section 8037 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``, but may be'' in the
second sentence and all that follows in that sentence through
``President'';
(2) in subsection (c)--
(A) by striking ``shall'' in the matter preceding
paragraph (1);
(B) by striking paragraph (2);
(C) by redesignating paragraph (1) as paragraph (3)
and in that paragraph--
(i) inserting ``shall'' before ``receive,'';
and
(ii) by striking ``; and'' at the end and
inserting a period; and
(D) by inserting before paragraph (3), as so
redesignated, the following new paragraphs:
``(1) is the legal adviser of the Secretary of the Air Force
and of all officers and agencies of the Department of the Air
Force;
``(2) shall direct the officers of the Air Force designated
as judge advocates in the performance of their duties; and'';
(3) in subsection (d)(1), by striking ``, but may be'' in
the second sentence and all that follows in that sentence
through ``President''; and
(4) by adding at the end the following new subsection:
``(f) No officer or employee of the Department of Defense may
interfere with--
[[Page 118 STAT. 1923]]
``(1) the ability of the Judge Advocate General to give
independent legal advice to the Secretary of the Air Force or
the Chief of Staff of the Air Force; or
``(2) the ability of officers of the Air Force who are
designated as judge advocates who are assigned or attached to,
or performing duty with, military units to give independent
legal advice to commanders.''.
(d) <<NOTE: Establishment.>> Independent Review.--(1) The Secretary
of Defense shall establish an independent panel of outside experts to
conduct a study and review of the relationships between the legal
elements of each of the military departments and to prepare a report
setting forth the panel's recommendations as to statutory, regulatory,
and policy changes that the panel considers to be desirable to improve
the effectiveness of those relationships and to enhance the legal
support provided to the leadership of each military department and each
of the Armed Forces.
(2) The panel shall be composed of seven members, appointed by the
Secretary of Defense from among private United States citizens who have
substantial expertise in military law and the organization and
functioning of the military departments. No more than one member of the
panel may have served as the Judge Advocate General of an Armed Force,
and no more than one member of the panel may have served as the General
Counsel of a military department.
(3) The Secretary of Defense shall designate the chairman of the
panel from among the members of the panel other than a member who has
served as a Judge Advocate General or as a military department General
Counsel.
(4) Members shall be appointed for the life of the panel. Any
vacancy in the panel shall be filled in the same manner as the original
appointment.
(5) The panel shall meet at the call of the chairman.
(6) All original appointments to the panel shall be made by January
15, 2005. The chairman shall convene the first meeting of the panel not
later than February 1, 2005.
(7) In carrying out the study and review required by paragraph (1),
the panel shall--
(A) review the history of relationships between the
uniformed and civilian legal elements of each of the Armed
Forces;
(B) analyze the division of duties and responsibilities
between those elements in each of the Armed Forces;
(C) review the situation with respect to civilian attorneys
outside the offices of the service general counsels and their
relationships to the Judge Advocates General and the General
Counsels;
(D) consider whether the ability of judge advocates to give
independent, professional legal advice to their service staffs
and to commanders at all levels in the field is adequately
provided for by policy and law; and
(E) consider whether the Judge Advocates General and General
Counsels possess the necessary authority to exercise
professional supervision over judge advocates, civilian
attorneys, and other legal personnel practicing under their
cognizance in the performance of their duties.
(8) <<NOTE: Deadline. Reports.>> Not later than April 15, 2005, the
panel shall submit a report on the study and review required by
paragraph (1) to the Secretary of Defense. The report shall include the
findings and
[[Page 118 STAT. 1924]]
conclusions of the panel as a result of the study and review, together
with any recommendations for legislative or administrative action that
the panel considers appropriate. The Secretary of Defense shall transmit
the report, together with any comments the Secretary wishes to provide,
to the Committees on Armed Services of the Senate and House of
Representatives not later than May 1, 2005.
(9) In this section, the term ``Armed Forces'' does not include the
Coast Guard.
Subtitle K--Sexual Assault in the Armed Forces
SEC. 576. <<NOTE: 10 USC 4331 note.>> EXAMINATION OF SEXUAL ASSAULT IN
THE ARMED FORCES BY THE DEFENSE TASK FORCE ESTABLISHED TO
EXAMINE SEXUAL HARASSMENT AND VIOLENCE AT THE MILITARY
SERVICE ACADEMIES.
(a) Extension of Task Force.--(1) The task force in the Department
of Defense established by the Secretary of Defense pursuant to section
526 of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1466) to examine matters relating to
sexual harassment and violence at the United States Military Academy and
United States Naval Academy shall continue in existence for a period of
at least 18 months after the date as of which the task force would
otherwise be terminated pursuant to subsection (i) of that section.
(2) Upon the completion of the functions of the task force referred
to in paragraph (1) pursuant to section 526 of the National Defense
Authorization Act for Fiscal Year 2004, the name of the task force shall
be changed to the Defense Task Force on Sexual Assault in the Military
Services, and the task force shall then carry out the functions
specified in this section. The task force shall not begin to carry out
the functions specified in this section until it has completed its
functions under such section 526.
(3) Before the task force extended under this subsection begins to
carry out the functions specified in this section, the Secretary of
Defense may, consistent with the qualifications required by section
526(f) of Public Law 108-136, change the composition of the task force
as the Secretary considers appropriate for the effective performance of
such functions, except that--
(A) any change initiated by the Secretary in the membership
of the task force under this paragraph may not take effect
before the task force has completed its functions under section
526 of Public Law 108-136; and
(B) the total number of members of the task force may not
exceed 14.
(b) Examination of Matters Relating to Sexual Assault in the Armed
Forces.--The task force shall conduct an examination of matters relating
to sexual assault in cases in which members of the Armed Forces are
either victims or commit acts of sexual assault.
(c) Recommendations.--The Task Force shall include in its report
under subsection (e) recommendations of ways by which civilian officials
within the Department of Defense and leadership within the Armed Forces
may more effectively address matters relating to sexual assault. That
report shall include an assessment of, and recommendations (including
any recommendations for
[[Page 118 STAT. 1925]]
changes in law) for measures to improve, with respect to sexual assault,
the following:
(1) Victim care and advocacy programs.
(2) Effective prevention.
(3) Collaboration among military investigative organizations
with responsibility or jurisdiction.
(4) Coordination and resource sharing between military and
civilian communities, including local support organizations.
(5) Reporting procedures, data collection, tracking of
cases, and use of data on sexual assault by senior military and
civilian leaders.
(6) Oversight of sexual assault programs, including
development of measures of the effectiveness of those programs
in responding to victim needs.
(7) Military justice issues.
(8) Progress in developing means to investigate and
prosecute assailants who are foreign nationals.
(9) Adequacy of resources supporting sexual assault
prevention and victim advocacy programs, particularly for
deployed units and personnel.
(10) Training of military and civilian personnel responsible
for implementation of sexual assault policies.
(11) Programs and policies, including those related to
confidentiality, designed to encourage victims to seek services
and report offenses.
(12) Other issues identified by the task force relating to
sexual assault.
(d) Methodology.--In carrying out its examination under subsection
(b) and in formulating its recommendations under subsection (c), the
task force shall consider the findings and recommendations of previous
reviews and investigations of sexual assault conducted by the Department
of Defense and the Armed Forces.
(e) Report.--(1) Not later than one year after the initiation of its
examination under subsection (b), the task force shall submit to the
Secretary of Defense and the Secretaries of the Army, Navy, and Air
Force a report on the activities of the task force and on the activities
of the Department of Defense and the Armed Forces to respond to sexual
assault.
(2) The report shall include the following:
(A) A description of any barrier to implementation of
improvements as a result of previous efforts to address sexual
assault.
(B) Other areas of concern not previously addressed in prior
reports.
(C) The findings and conclusions of the task force.
(D) Any recommendations for changes to policy and law that
the task force considers appropriate.
(3) Within 90 days after receipt of the report under paragraph (1),
the Secretary of Defense shall submit the report, together with the
Secretary's evaluation of the report, to the Committees on Armed
Services of the Senate and House of Representatives.
(f) Termination.--The task force shall terminate 90 days after the
date on which the report of the task force is submitted to the
Committees on Armed Services of the Senate and House of Representatives
pursuant to subsection (e)(3).
[[Page 118 STAT. 1926]]
SEC. 577. <<NOTE: 10 USC 113 note.>> DEPARTMENT OF DEFENSE POLICY AND
PROCEDURES ON PREVENTION AND RESPONSE TO SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Comprehensive Policy on Prevention and Response to Sexual
Assaults.--(1) Not later than January 1, 2005, the Secretary of Defense
shall develop a comprehensive policy for the Department of Defense on
the prevention of and response to sexual assaults involving members of
the Armed Forces.
(2) The policy shall be based on the recommendations of the
Department of Defense Task Force on Care for Victims of Sexual Assaults
and on such other matters as the Secretary considers appropriate.
(3) Before developing the comprehensive policy required by paragraph
(1), the Secretary of Defense shall develop a definition of sexual
assault. The definition so developed shall be used in the comprehensive
policy under paragraph (1) and otherwise within the Department of
Defense and Coast Guard in matters involving members of the Armed
Forces. The definition shall be uniform for all the Armed Forces and
shall be developed in consultation with the Secretaries of the military
departments and the Secretary of Homeland Security with respect to the
Coast Guard.
(b) Elements of Comprehensive Policy.--The comprehensive policy
developed under subsection (a) shall, at a minimum, address the
following 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.
(7) Oversight by commanders of administrative and
disciplinary actions in response to substantiated incidents of
sexual assault.
(8) Disposition of victims of sexual assault, including
review by appropriate authority of administrative 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 sexual 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 Respond 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 necessary to enhance the capability of the Department of
Defense to address matters relating to sexual assaults involving members
of the Armed Forces.
(d) Application of Comprehensive Policy To Military Departments.--
The Secretary of Defense shall ensure that, to the maximum extent
practicable, the policy developed under subsection (a) is implemented
uniformly by the military departments.
(e) Policies and <<NOTE: Deadline. Regulations.>> Procedures of
Military Departments.--(1) Not later than March 1, 2005, the Secretaries
of the military
[[Page 118 STAT. 1927]]
departments shall prescribe regulations, 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 incidence of
sexual assaults involving members of the Armed Forces.
(B) A program to provide victim advocacy and intervention
for members of the Armed Force concerned who are victims of
sexual assault, which program shall make available, at home
stations and in deployed locations, trained advocates who are
readily available to intervene on behalf of such victims.
(C) Procedures for members of the Armed Force concerned to
follow in the case of an incident of sexual 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 evidence;
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 concerned.
(E) Other sanctions authorized to be imposed in
substantiated cases of sexual assault, whether forcible or
nonforcible, by members of the Armed Force concerned.
(F) Training on the policies and procedures for all members
of the Armed Force concerned, including specific training for
members of the Armed Force concerned who process allegations of
sexual assault against members of such Armed Force.
(G) Any other matters that the Secretary of Defense
considers appropriate.
(f) Annual Report on Sexual Assaults.--(1) Not later than January 15
of each year, the Secretary of each military department shall submit to
the Secretary of Defense a report on the sexual assaults involving
members of the Armed Forces under the jurisdiction of that Secretary
during the preceding year. In the case of the Secretary of the Navy,
separate reports shall be prepared for the Navy and for the Marine
Corps.
(2) Each report on an Armed Force under paragraph (1) shall contain
the following:
(A) The number of sexual assaults against members of the
Armed Force, and the number of sexual assaults by members of the
Armed Force, that were reported to military officials during the
year covered by such report, and the number of the cases so
reported that were substantiated.
(B) A synopsis of, and the disciplinary action taken in,
each substantiated case.
(C) The policies, procedures, and processes implemented by
the Secretary concerned during the year covered by such report
in response to incidents of sexual assault involving members of
the Armed Force concerned.
[[Page 118 STAT. 1928]]
(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) for any year after 2005 shall
include an assessment by the Secretary of the military department
submitting the report of the implementation during the preceding fiscal
year of the policies and procedures of such department on the prevention
of and response to sexual assaults 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 response to such
sexual assaults.
(4) The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives each report
submitted to the Secretary under this subsection, together with the
comments of the Secretary on the report. The Secretary shall submit each
such report not later than March 15 of the year following the year
covered by the report.
(5) For the report under this subsection covering 2004, the
applicable date under paragraph (1) is April 1, 2005, and the applicable
date under paragraph (4) is May 1, 2005.
Subtitle L--Management and Administrative Matters
SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL
OF AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION OF
MILITARY RECORDS.
Section 1559(a) of title 10, United States Code, is amended by
striking ``During fiscal years 2003, 2004, and 2005,'' and inserting
``Before October 1, 2008,''.
SEC. 582. STAFFING FOR DEFENSE PRISONER OF WAR/MISSING PERSONNEL OFFICE
(DPMO).
(a) Report When Staffing is Below Prescribed Level.--Subparagraph
(B) of section 1501(a)(5) of title 10, United States Code, is amended--
(1) by inserting ``(i)'' after ``(B)'';
(2) by inserting ``, whether temporary or permanent,'' after
``civilian personnel''; and
(3) by adding at the end the following:
``(ii) <<NOTE: Notice.>> If for any reason the number of military
and civilian personnel assigned or detailed to the office should fall
below the required level under clause (i), the Secretary of Defense
shall promptly notify the Committees on Armed Services of the Senate and
House of Representatives of the number of personnel so assigned or
detailed and of the Secretary's plan to restore the staffing level of
the office to at least the required minimum number under clause
(i). <<NOTE: Federal Register, publication.>> The Secretary shall
publish such notice and plan in the Federal Register.''.
(b) GAO Study.--Not <<NOTE: Deadline. Reports.>> later than 180 days
after the date of the enactment of this Act, the Comptroller General
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
providing an assessment of staffing and funding levels for the
[[Page 118 STAT. 1929]]
Defense Prisoner of War/Missing Personnel Office. The report shall
include--
(1) a description of changes, over the period from the
inception of the office to the time of the submission of the
report, in the missions and mission requirements of the office,
together with a comparison of personnel and funding requirements
of the office over that period with actual manning and funding
levels over that period; and
(2) the Comptroller General's assessment of the adequacy of
current manning and funding levels for that office in light of
current mission requirements.
SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPENDENTS AGE 75 AND OLDER.
(a) In General.--(1) Chapter 53 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1060b. Military ID cards: dependents and survivors of retirees;
issuance of permanent ID card after attaining 75
years of age
``(a) Permanent ID Card After Age 75.--In issuing military ID cards
to retiree dependents, the Secretary concerned shall issue a permanent
ID card (not subject to renewal) to any such retiree dependent who has
attained 75 years of age. Such a permanent ID card shall be issued upon
the expiration, after the retiree dependent attains 75 years of age, of
any earlier, renewable military ID card or, if earlier, upon the request
of such a retiree dependent after attaining age 75.
``(b) Definitions.--In this section:
``(1) The term `military ID card' means a card or other form
of identification used for purposes of demonstrating eligibility
for any benefit from the Department of Defense.
``(2) The term `retiree dependent' means a person who is a
dependent of a retired member of the uniformed services, or a
survivor of a deceased retired member of the uniformed services,
who is eligible for any benefit from the Department of
Defense.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1060b. Military ID cards: dependents and survivors of retirees;
issuance of permanent ID card after attaining 75 years of
age.''.
(b) Effective Date.--Section <<NOTE: 10 USC 1060b note.>> 1060b of
title 10, United States Code, as added by subsection (a), shall take
effect on October 1, 2004.
SEC. 584. AUTHORITY TO FURNISH CIVILIAN CLOTHING TO MEMBERS TRAVELING IN
CONNECTION WITH MEDICAL EVACUATION.
(a) Authority.--Section 1047 of title 10, United States Code, is
amended--
(1) by inserting ``(b) Certain Enlisted Members.--'' before
``The Secretary''; and
(2) by inserting after the section heading the following:
``(a) Members Traveling In Connection With Medical Evacuation.--The
Secretary of the military department concerned may furnish civilian
clothing to a member at a cost not to exceed
[[Page 118 STAT. 1930]]
$250, or reimburse a member for the purchase of civilian clothing in an
amount not to exceed $250, in the case of a member who--
``(1) is medically evacuated for treatment in a medical
facility by reason of an illness or injury incurred or
aggravated while on active duty; or
``(2) after being medically evacuated as described in
paragraph (1), is in an authorized travel status from a medical
facility to another location approved by the Secretary.''.
(b) Effective Date.--Subsection (a) <<NOTE: 10 USC 1047 note.>> of
section 1047 of title 10, United States Code, as added by subsection
(a), shall take effect as of October 1, 2004, and (subject to subsection
(c)) shall apply with respect to clothing furnished, and reimbursement
for clothing purchased, on or after that date.
(c) Retroactive Application.--With respect to the period beginning
on October 1, 2004, and ending on the date of the enactment of this Act,
the Secretary of Defense shall provide for subsection (a) of section
1047 of title 10, United States Code, as added by subsection (a), to be
applied as a continuation of the authority provided in section 1319 of
the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law
108-11; 117 Stat. 571), as continued in effect during fiscal year 2004
by section 1103 of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public
Law 108-106; 117 Stat. 1214).
SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT TRAVELER MILES,
CREDITS, AND TICKETS TO FACILITATE REST AND RECUPERATION
TRAVEL OF DEPLOYED MEMBERS OF THE ARMED FORCES AND THEIR
FAMILIES.
(a) Operation Hero Miles.--(1) Chapter 155 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2613. Acceptance of frequent traveler miles, credits, and
tickets; use to facilitate rest and recuperation
travel of deployed members and their families
``(a) Authority to Accept Donation of Travel Benefits.--Subject to
subsection (c), the Secretary of Defense may accept from any person or
government agency the donation of travel benefits for the purposes of
use under subsection (d).
``(b) Travel Benefit Defined.--In the section, the term `travel
benefit' means frequent traveler miles, credits for tickets, or tickets
for air or surface transportation issued by an air carrier or a surface
carrier, respectively, that serves the public.
``(c) Condition on Authority to Accept Donation.--The Secretary may
accept a donation of a travel benefit under this section only if the air
or surface carrier that is the source of the benefit consents to such
donation. Any such donation shall be under such terms and conditions as
the surface carrier may specify, and the travel benefit so donated may
be used only in accordance with the rules established by the carrier.
``(d) Use of Donated Travel Benefits.--A travel benefit accepted
under this section may be used only for the purpose of--
``(1) facilitating the travel of a member of the armed
forces who--
[[Page 118 STAT. 1931]]
``(A) is deployed on active duty outside the United
States away from the permanent duty station of the
member in support of a contingency operation; and
``(B) is granted, during such deployment, rest and
recuperative leave, emergency leave, convalescent leave,
or another form of leave authorized for the member; or
``(2) in the case of a member of the armed forces
recuperating from an injury or illness incurred or aggravated in
the line of duty during such a deployment, facilitating the
travel of family members of the member in order to be reunited
with the member.
``(e) Administration.--(1) The Secretary shall designate a single
office in the Department of Defense to carry out this section. That
office shall develop rules and procedures to facilitate the acceptance
and distribution of travel benefits under this section.
``(2) For the use of travel benefits under subsection (d)(2) by
family members of a member of the armed forces, the Secretary may, as
the Secretary determines appropriate, limit--
``(A) eligibility to family members who, by reason of
affinity, degree of consanguinity, or otherwise, are
sufficiently close in relationship to the member of the armed
forces to justify the travel assistance;
``(B) the number of family members who may travel; and
``(C) the number of trips that family members may take.
``(3) The Secretary of Defense may, in an exceptional case,
authorize a person not described in subsection (d)(2) to use a travel
benefit accepted under this subsection to visit a member of the armed
forces described in subsection (d)(1) if that person has a notably close
relationship with the member. The travel benefit may be used by such
person only in accordance with such conditions and restrictions as the
Secretary determines appropriate and the rules established by the air
carrier or surface carrier that is the source of the travel benefit.
``(f) Services of Nonprofit Organization.--The Secretary of Defense
may enter into an agreement with a nonprofit organization to use the
services of the organization--
``(1) to promote the donation of travel benefits under this
section, except that amounts appropriated to the Department of
Defense may not be expended for this purpose; and
``(2) to assist in administering the collection,
distribution, and use of travel benefits under this section.
``(g) Family Member Defined.--In this section, the term `family
member' has the meaning given that term in section 411h(b)(1) of title
37.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2613. Acceptance of frequent traveler miles, credits, and tickets; use
to facilitate rest and recuperation travel of deployed
members and their families.''.
(b) Tax Treatment of Travel Benefits Donated for Operation Hero
Miles.--
(1) Exclusion from gross income.--Subsection (b) of section
134 of the Internal Revenue Code of 1986 (defining qualified
military benefit) is amended by adding at the end the following
new paragraph:
``(5) Travel benefits under operation hero miles.--The term
`qualified military benefit' includes a travel benefit
[[Page 118 STAT. 1932]]
provided under section 2613 of title 10, United States Code (as
in effect on the date of the enactment of this paragraph).''.
(2) Conforming amendments.--
(A) Section 134(b)(3)(A) of such Code is amended by
striking ``paragraph (4)'' and inserting ``paragraphs
(4) and (5)''.
(B) Section 3121(a)(18) of such Code is amended by
striking ``or 134(b)(4)'' and inserting ``134(b)(4), or
134(b)(5)''.
(C) Section 3306(b)(13) of such Code is amended by
striking ``or 134(b)(4)'' and inserting ``134(b)(4), or
134(b)(5)''.
(D) Section 3401(a)(18) of such Code is amended by
striking ``or 134(b)(4)'' and inserting ``134(b)(4), or
134(b)(5)''.
(3) Effective date.--The <<NOTE: 26 USC 134
note.>> amendments made by this subsection shall apply to travel
benefits provided after the date of the enactment of this Act.
SEC. 586. ANNUAL REPORT IDENTIFYING REASONS FOR DISCHARGES FROM THE
ARMED FORCES DURING PRECEDING FISCAL YEAR.
(a) Report Required.--Not later than March 1 each year through 2011,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
discharges from the Army, Navy, Air Force, and Marine Corps during the
preceding fiscal year.
(b) Matters To Be Included.--Each such report shall show, in the
aggregate and for each of those Armed Forces, the following:
(1) The total number of persons discharged during the
preceding fiscal year.
(2) For each separation code, and for each reenlistment
eligibility code, used by the Armed Forces, the number of those
discharged persons assigned that code.
(3) For the persons assigned each such separation code,
classification of discharges by age, by sex, by race, by
military rank or grade, by time in service, by unit (shown at
the small unit level), by military occupational specialty (or
the equivalent), and by reenlistment eligibility code.
(c) Use of Generic Separation Codes.--In preparing the reports under
this section, the Secretary shall use a generic interservice separation
code that provides similar, and consistent, data across the services.
SEC. 587. STUDY OF BLENDED WING CONCEPT FOR THE AIR FORCE.
(a) Study Required.--Not <<NOTE: Deadline. Reports.>> later than
March 1, 2005, the Secretary of the Air Force shall submit to Congress a
report on the blended wing concept for the Air Force. The report shall
include the Secretary's findings as to the characteristics and locations
that are considered favorable for a blended wing, a description of the
manner in which current blended wings are functioning, and a statement
of the current and future plans of the Air Force to implement the
blended wing concept.
(b) Selection Criteria.--The report shall include a description of
the criteria and attributes that the Secretary requires when choosing
units to become blended wings.
[[Page 118 STAT. 1933]]
SEC. 588. SENSE OF CONGRESS 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 people 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 resolve 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 rehabilitative services, to
restore to members of the Armed Forces sustaining such injuries
the capability to resume the performance of active military
service, including, in a few cases, the capability to
participate directly in the performance of combat missions.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a member of the Armed Forces who on the member's own
initiative is highly motivated to return to active duty service
following rehabilitation from injuries incurred in service in
the Armed Forces should, after appropriate medical review and
physical disability evaluation, be given the opportunity to
present the member's case for continuing to serve on active duty
in varied military capacities;
(2) other than appropriate medical review and physical
disability evaluation, there should be no barrier in policy or
law to such a member having the option to return to military
service on active duty; and
(3) the Secretary of Defense should develop specific
protocols that include options for such members to return to
active duty service and to be retrained to perform military
missions for which they are fully capable.
Subtitle M--Other Matters
SEC. 591. PROTECTION OF ARMED FORCES PERSONNEL FROM RETALIATORY ACTIONS
FOR COMMUNICATIONS MADE THROUGH THE CHAIN OF COMMAND.
(a) Protected Communications.--Section 1034(b)(1)(B) of title 10,
United States Code, is amended--
(1) by striking ``or'' at the end of clause (iii)''; and
(2) by striking clause (iv) and inserting the following:
``(iv) any person or organization in the chain of
command; or
``(v) any other person or organization designated
pursuant to regulations or other established
administrative procedures for such communications.''.
(b) Effective Date.--The <<NOTE: 10 USC 1034 note.>> amendments made
by this section apply with respect to any unfavorable personnel action
taken or threatened, and any withholding of or threat to withhold a
favorable
[[Page 118 STAT. 1934]]
personnel action, on or after the date of the enactment of this Act.
SEC. 592. IMPLEMENTATION PLAN FOR ACCESSION OF PERSONS WITH SPECIALIZED
SKILLS.
(a) Plan for Accession of Persons With Specialized Skills.--(1) Not
later than <<NOTE: Reports.>> 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a plan
for implementation of authority, if subsequently provided by law, to
allow for accession into the Armed Forces, on a special or lateral-entry
basis, of persons with specialized skills, for duty involving the use of
such skills.
(2) The plan under paragraph (1) shall address matters such as
projected numbers of enlistments and appointments, initial rank or
grade, projected enlistment and re-enlistment bonuses and pays,
projected length of service obligation (if any), minimum time of active
duty requirements, the potential effect the use of such authority would
have on other special or lateral-entry programs (such as those
applicable to physicians), and such other matters as the Secretary
considers appropriate.
(3) The Secretary shall include with the plan submitted under
paragraph (1) a comparison of that plan with an alternative for meeting
the specialized skills required by the Armed Forces through the use of
civilain contractor personnel.
(b) Civilian Skills Corps Feasibility Study.--(1) The Secretary of
Defense shall conduct a feasibility study of how to implement a system
that would make civilian volunteers, with skills determined by the
Secretary to be critical, rapidly available for use in, or in support
of, units of the Armed Force on a temporary basis to meet no-notice, or
short-notice, operational requirements. In conducting the study, the
Secretary shall examine a range of options, including--
(A) a system that would embed on short notice in military
units civilian volunteers who were not part of the military, but
who possessed highly required skills that were in short supply
in the Armed Forces; and
(B) a system to provide for the accession into the active or
reserve components of persons with critical skills required by
the Armed Forces for whom the Secretary could prescribe varying
lengths of service and training requirements.
(2) <<NOTE: Reports. Deadline.>> The Secretary 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 the results of the
study under paragraph (1) not later than March 31, 2005.
SEC. 593. <<NOTE: 10 USC 503 note.>> ENHANCED SCREENING METHODS AND
PROCESS IMPROVEMENTS FOR RECRUITMENT OF HOME SCHOOLED AND
NATIONAL GUARD CHALLENGE PROGRAM GED RECIPIENTS.
(a) Enhanced Screeing Methods and Process Improvements.--(1) The
Secretary of the Army shall carry out an initiative--
(A) to develop screening methods and process improvements
for recruiting specified GED recipients so as to achieve
attrition patterns, among the GED recipients so recruited, that
match attrition patterns for Army recruits who are high school
diploma graduates; and
[[Page 118 STAT. 1935]]
(B) subject to subsection (b), to implement such screening
methods and process improvements on a test basis.
(2) For purposes of this section, the term ``specified GED
recipients'' means persons who receive a General Educational Development
(GED) certificate as a result of home schooling or the completion of a
program under the National Guard Challenge program.
(b) Secretary of Defense Review.--Before the screening methods and
process improvements developed under subsection (a)(1) are put into
effect under subsection (a)(2), the Secretary of Defense shall review
the proposed screening methods and process improvements. Based on such
review, the Secretary of Defense either shall approve the use of such
screening methods and process improvements for testing (with such
modifications as the Secretary may direct) or shall disapprove the use
of such methods and process improvements on a test basis.
(c) Secretary of Defense Decision.--If the Secretary of Defense
determines under subsection (b) that the screening methods and process
improvements developed under subsection (a)(1) should be implemented on
a test basis, then upon completion of the test period, the Secretary of
Defense shall, after reviewing the results of the test program,
determine whether the new screening methods and process improvements
developed by the Army should be extended throughout the Department for
recruit candidates identified by the new procedures to be considered
tier 1 recruits.
(d) Reports.--(1) If the Secretary of Defense determines under
subsection (b) that the screening methods and process improvements
developed under subsection (a)(1) should not be implemented on a test
basis, the Secretary of Defense shall, not later than 90 days
thereafter, notify the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives of such
determination, together with the reasons of the Secretary for such
determination.
(2) If the Secretary of Defense determines under subsection (b) that
the screening methods and process improvements developed under
subsection (a)(1) should be implemented on a test basis, the Secretary
of the Army shall submit to the committees specified in paragraph (1) a
report on the results of the testing. The report shall be submitted not
later than March 31, 2009, except that if the Secretary of Defense
directs an earlier termination of the testing initiative, the Secretary
of the Army shall submit the report under this paragraph not later than
180 days after such termination. Such report shall include the
determination of the Secretary of Defense under subsection (c). If that
determination is that the methods and processes tested should not be
extended to the other services, the report shall include the Secretary's
rationale for not recommending such extension.
SEC. 594. REDESIGNATION OF NATIONAL GUARD CHALLENGE PROGRAM AS NATIONAL
GUARD YOUTH CHALLENGE PROGRAM.
(a) Redesignation.--Section 509 of title 32, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``National Guard Challenge Program''
the first place it appears and inserting ``National
Guard Youth Challenge Program''; and
[[Page 118 STAT. 1936]]
(B) by striking ``National Guard Challenge Program''
the second place it appears and inserting ``Program'';
(2) by striking ``National Guard Challenge Program'' each
place it appears in subsections (b) through (k) and subsection
(m) and inserting ``Program'';
(3) by striking ``program'' each place it appears in
subsections (b), (g), (i)(2)(A), (j), (k), and (m) and inserting
``Program''; and
(4) in subsection (l), by adding at the end the following
new paragraph:
``(3) The term `Program' means the National Guard Youth
Challenge Program carried out pursuant to this section.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 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. 595. REPORTS ON CERTAIN MILESTONES RELATING TO DEPARTMENT OF
DEFENSE TRANSFORMATION.
(a) Military-to-Civilian Conversions.--Not later than January 31,
2005, the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report providing information as to the number of
positions in the Department of Defense that were converted during fiscal
year 2004 from performance by military personnel to performance by
civilian personnel of the Department of Defense or contractor personnel.
The report shall include the following:
(1) A description of the skill sets of the military
positions converted.
(2) Specification of the total cost of the conversions and
how that cost is being met.
(3) The number of positions in the Department of Defense
projected for such conversion during the period from March 1,
2005, through January 31, 2006.
(b) Military-to-Military Conversions.--Not later than March 31 of
each of 2005, 2006, and 2007, the Secretary of Defense 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--
(1) the number of units, by type, converted from one primary
military capability to another during the previous fiscal year
and, for each such unit, what the new unit designation and new
military capabilities are;
(2) the number of military personnel, by military skill, who
have converted during the previous fiscal year from one primary
military skill to another, with a listing of the military skills
to which the individuals converted;
(3) a description of the military unit and military
personnel conversions planned for the upcoming fiscal year; and
(4) a statement of whether the overall unit and military
personnel conversions planned for the previous fiscal year were
[[Page 118 STAT. 1937]]
met, and for each such planned conversion, the reasons why the
planned conversion was or was not met.
(c) Army Transformation to <<NOTE: 10 USC 3013 note.>> Brigade
Structure.--The Secretary of the Army shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives an annual report on the status of the internal
transformation of the Army from a division-orientated force to a
brigade-orientated force. Such report shall be submitted not later than
March 31 of each year, except that the requirement to submit such annual
report shall terminate when the Secretary of the Army submits to those
committees the Secretary's certification that the transformation of the
Army to a brigade-orientated force has been completed. <<NOTE: Federal
Register, publication.>> Upon the submission of such certification, the
Secretary shall publish in the Federal Register notice of that
certification and that the statutory requirement to submit an annual
report under this subsection has terminated.
SEC. 596. REPORT ON ISSUES RELATING TO REMOVAL OF REMAINS OF PERSONS
INTERRED IN UNITED STATES MILITARY CEMETERIES OVERSEAS.
(a) Study.--The Secretary of the Army shall examine the issues
relating to requests for disinterment of remains of persons buried in
United States overseas military cemeteries. The examination shall
include the following:
(1) A review of the historical facts involved in
establishing the United States overseas military cemeteries and
in determining the criteria for interment in those cemeteries.
(2) An examination of the processes for ensuring that the
initial disposition decision with respect to the remains of any
decedent was carried out, together with a review and explanation
of the existing policy and procedures regarding request for
disinterment and any exceptions that have been made.
(3) An analysis of the potential reasons for justifying
disinterment of remains from those cemeteries, including error,
misunderstanding, and change of decision by the original
responsible next of kin or other family member or group of
family members.
(4) An analysis of the potential impact on the operation of
United States overseas military cemeteries of permitting
disinterment of remains from those cemeteries.
(b) Report.--Not later than September 30, 2005, the Secretary 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
the results of the examination under subsection (a). The report shall
include the following:
(1) The matters specified in paragraphs (1), (2), (3), and
(4) of subsection (a).
(2) A description of the changes to policy criteria and
procedures that would be necessary to support a system for
requesting and authorizing disinterment of such remains.
(3) The recommendations of the Secretary of the Army and the
American Battle Monuments Commission for changing current policy
and procedures with respect to such disinterments.
(c) Consultation With ABMC.--The Secretary shall carry out the
examination under subsection (a) and prepare the report
[[Page 118 STAT. 1938]]
under subsection (b) in consultation with the American Battle Monuments
Commission.
(d) ABMC Assistance.--The American Battle Monuments Commission shall
provide the Secretary of the Army such assistance as the Secretary may
require in carrying out this section.
(e) Definitions.--For purposes of this section:
(1) The term ``United States overseas military cemetery''
means a cemetery located in a foreign country that is
administered by the Secretary of a military department or the
American Battle Monuments Commission.
(2) The term ``initial disposition decision'', with respect
to the remains of a person who died outside the United States
and was interred in a United States overseas military cemetery,
means a decision by a family member (or other designated person)
as to the disposition (in accordance with laws and regulations
in effect at the time) of the remains of the deceased person,
such decision being to have the remains interred in a United
States overseas military cemetery (rather than to have those
remains transported to the United States for interment or other
disposition in the United States).
SEC. 597. COMPTROLLER GENERAL REPORTS ON CLOSURE OF DEPARTMENT OF
DEFENSE DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS AND
COMMISSARY STORES.
(a) Report on Defense Dependent Schools.--The Comptroller General
shall prepare a report containing--
(1) an assessment by the Comptroller General of the policy
of the Department of Defense, and the criteria utilized by the
Department, regarding the closure of Department of Defense
dependent elementary and secondary schools, including whether or
not such policy and criteria are consistent with Department
policies and procedures on the preservation of the quality of
life of members of the Armed Forces and their dependents; and
(2) an assessment by the Comptroller General of any current
or on-going studies or assessments of the Department with
respect to any of the schools.
(b) Report on Commissary Stores.--The Comptroller General shall
prepare a report containing--
(1) an assessment by the Comptroller General of the policy
of the Department of Defense, and the criteria utilized by the
Department, regarding the closure of commissary stores,
including whether or not such policy and criteria are consistent
with Department policies and procedures on the preservation of
the quality of life of members of the Armed Forces and their
dependents; and
(2) an assessment by the Comptroller General of any current
or on-going studies or assessments of the Department with
respect to any of the commissary stores.
(c) Submission of Reports.--The Comptroller General shall submit the
reports required by this section to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives not later than 180 days after the date of the enactment
of this Act.
[[Page 118 STAT. 1939]]
SEC. 598. COMPTROLLER GENERAL REPORT ON TRANSITION ASSISTANCE PROGRAMS
FOR MEMBERS SEPARATING FROM THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report evaluating the programs of the Department of Defense and other
Federal agencies under which transition assistance is provided to
members of the Armed Forces who are separating from active duty service.
(b) Elements of Report.--(1) With regard to the transition
assistance programs under section 1142 and 1144 of title 10, United
States Code, the report required by subsection (a) shall include--
(A) an analysis of the extent to which such programs are
meeting the current needs of members of the Armed Forces as they
are discharged or released from active duty;
(B) a discussion of the original purposes of the programs;
(C) a discussion of how the programs are currently being
administered in relationship to those purposes;
(D) an assessment of whether the programs are adequate to
meet the current needs of members of the reserve components; and
(E) such recommendations as the Comptroller General
considers appropriate for improving such programs, including any
recommendation regarding whether participation by members of the
Armed Forces in such programs should be required.
(2) The report shall include an analysis of any differences among
the Armed Forces and among the commands of military installations of the
Armed Forces regarding how transition assistance is being provided under
the transition assistance programs and such recommendations as the
Comptroller General considers appropriate--
(A) to achieve uniformity in the provision of assistance
under such programs; and
(B) to ensure that the transition assistance is provided
under such programs to members of the Armed Forces who are being
separated at medical facilities of the uniformed services or
Department of Veterans Affairs medical centers and to Armed
Forces personnel on a temporary disability retired list under
section 1202 or 1205 of title 10, United States Code.
(3) The report shall include--
(A) an analysis of the relationship between the Department
of Defense transition assistance programs and the transition
assistance programs of the Department of Veterans Affairs and
the Department of Labor, including the relationship between the
benefits delivery at discharge program carried out jointly by
the Department of Defense and the Department of Veterans Affairs
and the other transition assistance programs; and
(B) an assessment of the quality and thoroughness of
information being provided during preseparation briefings under
such transition assistance programs regarding the full range of
benefits available to qualified members of the Armed Forces
under programs operated by the Department of Veterans Affairs
and the requirements for qualifying for those benefits.
(4) The report shall specify the rates of participation of members
of the Armed Forces in the transition assistance programs and include
such recommendations as the Comptroller General considers
[[Page 118 STAT. 1940]]
appropriate to increase such participation rates, including any
recommendations regarding revisions of such programs that could result
in increased participation by members.
(5) The report shall include--
(A) an assessment of whether the transition assistance
information provided to members of the Armed Forces omits any
transition information that would be beneficial to members;
(B) an assessment of the extent to which information is
provided under the transition assistance programs regarding
participation in Federal procurement opportunities available at
prime contract and subcontract levels to veterans with service-
connected disabilities and other veterans; and
(C) such recommendations as the Comptroller General
considers appropriate regarding additional information that
should be provided and any other recommendations that the
Comptroller General considers appropriate for enhancing the
provision of counseling on such procurement opportunities.
(6) The report shall include--
(A) an assessment of the extent to which representatives of
military service organizations and veterans' service
organizations are afforded opportunities to participate, and do
participate, in preseparation briefings under transition
assistance programs;
(B) an assessment of the effectiveness and usefulness of the
role that military service organizations and veterans' service
organizations are playing in the preseparation briefing process;
and
(C) such recommendations as the Comptroller General
considers appropriate regarding whether such organizations
should be given a more formal role in the preseparation briefing
process and how representatives of such organizations could
better be used to disseminate transition assistance information
and provide preseparation counseling to members of the Armed
Forces, including members who are being released from active
duty for continuation of service in a reserve component.
(7) The report shall include an analysis of the use of post-
deployment and predischarge health screenings and such recommendations
as the Comptroller General considers appropriate regarding whether and
how to integrate the health screening process and the transition
assistance programs into a single, coordinated preseparation program for
members of the Armed Forces being discharged or released from active
duty.
(8) The report shall include an analysis of the processes of the
Armed Forces for conducting physical examinations of members of the
Armed Forces in connection with discharge and release from active duty,
including--
(A) how post-deployment questionnaires are used;
(B) the extent to which members of the Armed Forces waive
the physical examinations; and
(C) how, and the extent to which, members of the Armed
Forces are referred for follow-up health care.
(9) The report shall include a discussion of the current process by
which mental health screenings are conducted, follow-up mental health
care is provided for, and services are provided in cases of post-
traumatic stress disorder and related conditions for members of the
Armed Forces in connection with discharge and release from active duty,
together with--
[[Page 118 STAT. 1941]]
(A) for each of the Armed Forces, the programs that are in
place to identify and treat cases of post-traumatic stress
disorder and related conditions; and
(B) for persons returning from deployments in connection
with Operation Enduring Freedom and Operation Iraqi Freedom--
(i) the number of persons treated as a result of
such screenings; and
(ii) the types of interventions.
(c) Acquisition of Supporting Information.--In preparing the report
under subsection (a), the Comptroller General shall seek to obtain views
from the following persons:
(1) The Secretary of Defense and the Secretaries of the
military departments.
(2) The Secretary of Veterans Affairs.
(3) The Secretary of Labor.
(4) Members of the Armed Forces who have received transition
assistance under the programs covered by the report and members
of the Armed Forces who have declined to accept transition
assistance offered under such programs.
(5) Representatives of military service organizations and
representatives of veterans' service organizations.
(6) Persons having expertise in health care (including
mental health care) provided under the Defense Health Program,
including Department of Defense personnel, Department of
Veterans Affairs personnel, and persons in the private sector.
SEC. 599. STUDY ON COORDINATION OF JOB TRAINING STANDARDS WITH
CERTIFICATION STANDARDS FOR MILITARY OCCUPATIONAL
SPECIALTIES.
(a) Study Required.--The Secretary of Defense and the Secretary of
Labor shall jointly carry out a study to determine ways to coordinate
the standards applied by the Armed Forces for the training and
certification of members of the Armed Forces in military occupational
specialties with the standards that are applied to corresponding
civilian occupations by occupational licensing or certification agencies
of governments and occupational certification agencies in the private
sector.
(b) Submission of Report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Labor shall submit to
Congress a report containing the results of the study under subsection
(a).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Relationship between eligibility to receive supplemental
subsistence allowance and eligibility to receive imminent
danger pay, family separation allowance, and certain Federal
assistance.
Sec. 603. Authority to provide family separation basic allowance for
housing.
Sec. 604. Geographic basis for housing allowance during short-assignment
permanent changes of station for education or training.
Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring
expenses incurred for duty outside the continental United
States.
Sec. 606. Authority for certain members deployed in combat zones to
receive limited advances on future basic pay.
[[Page 118 STAT. 1942]]
Sec. 607. Repeal of requirement that members entitled to basic allowance
for subsistence pay subsistence charges while hospitalized.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Authority to provide hazardous duty incentive pay to military
firefighters.
Sec. 616. Reduced service obligation for nurses receiving nurse
accession bonus.
Sec. 617. Assignment incentive pay.
Sec. 618. Modification of active and reserve component reenlistment and
enlistment bonus authorities.
Sec. 619. Bonus for certain initial service of officers in the Selected
Reserve.
Sec. 620. Revision of authority to provide foreign language proficiency
pay.
Sec. 621. Eligibility of enlisted members to qualify for critical skills
retention bonus while serving on indefinite reenlistment.
Sec. 622. Eligibility of reserve component members for incentive bonus
for conversion to military occupational specialty to ease
personnel shortage.
Sec. 623. Permanent increase in authorized amounts for imminent danger
special pay and family separation allowance.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for family members to
attend burial ceremony or memorial service of member who dies
on duty.
Sec. 632. Transportation of family members incident to serious illness
or injury of members of the uniformed services.
Sec. 633. Reimbursement for certain lodging costs incurred in connection
with dependent student travel.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Computation of high-36 month average for reserve component
members retired for disability while on active duty or dying
while on active duty.
Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and
veterans' disability compensation for military retirees with
service-connected disabilities rated as 100 percent.
Sec. 643. Death benefits enhancement.
Sec. 644. Phased elimination of two-tier annuity computation for
surviving spouses under Survivor Benefit Plan.
Sec. 645. One-year open enrollment period for Survivor Benefit Plan
commencing October 1, 2005.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Consolidation and reorganization of legislative provisions
regarding defense commissary system and exchanges and other
morale, welfare, and recreation activities.
Sec. 652. Consistent State treatment of Department of Defense
Nonappropriated Fund Health Benefits Program.
Subtitle F--Other Matters
Sec. 661. Eligibility of members for reimbursement of expenses incurred
for adoption placements made by foreign governments.
Sec. 662. Clarification of education loans qualifying for education loan
repayment program for reserve component health professions
officers.
Sec. 663. Receipt of pay by reservists from civilian employers while on
active duty in connection with a contingency operation.
Sec. 664. Relief for mobilized reservists from certain Federal
agricultural loan obligations.
Sec. 665. Survey and analysis of effect of extended and frequent
mobilization of reservists for active duty service on
reservist income.
Sec. 666. Study of disability benefits for veterans of service in the
Armed Forces with service-connected disabilities.
[[Page 118 STAT. 1943]]
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2005.
(a) Waiver of <<NOTE: 37 USC 1009 note.>> Section 1009 Adjustment.--
The adjustment to become effective during fiscal year 2005 required by
section 1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall not be
made.
(b) Increase in Basic Pay.--Effective on January 1, 2005, the rates
of monthly basic pay for members of the uniformed services are increased
by 3.5 percent.
SEC. 602. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE SUPPLEMENTAL
SUBSISTENCE ALLOWANCE AND ELIGIBILITY TO RECEIVE IMMINENT
DANGER PAY, FAMILY SEPARATION ALLOWANCE, AND CERTAIN FEDERAL
ASSISTANCE.
(a) Entitlement Not Affected by Receipt of Imminent Danger Pay and
Family Separation Allowance.--Subsection (b) of section 402a of title
37, United States Code, is amended--
(1) in paragraph (2), by striking ``the Secretary--'' and
all that follows through ``shall take into consideration'' and
inserting ``the Secretary concerned shall take into
consideration''; and
(2) by adding at the end the following new paragraph:
``(3) In determining whether a member meets the eligibility criteria
under paragraph (1), the Secretary concerned shall not take into
consideration--
``(A) the amount of the supplemental subsistence allowance
that is payable under this section;
``(B) the amount of any special pay that is payable to the
member under section 310 of this section, relating to duty
subject to hostile fire or imminent danger; or
``(C) the amount of any family separation allowance that is
payable to the member under section 427 of this title.''.
(b) Relation to Other Federal Assistance.--Such section is further
amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Eligibility for Other Federal Assistance.--(1) A child or
spouse of a member of the armed forces receiving the supplemental
subsistence allowance under this section who, except on account of the
receipt of such allowance, would be eligible to receive a benefit
described in paragraph (2) shall be considered to be eligible for that
benefit notwithstanding the receipt of such allowance.
``(2) The benefits referred to in paragraph (1) are as follows:
``(A) Assistance provided under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
``(B) Assistance provided under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
``(C) A service provided under the Head Start Act (42 U.S.C.
9831 et seq.).
``(D) Assistance under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.).
[[Page 118 STAT. 1944]]
``(3) A household that includes a member of the armed forces
receiving the supplemental subsistence allowance under this section and
that, except on account of the receipt of such allowance, would be
eligible to receive a benefit under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered to
be eligible for that benefit notwithstanding the receipt of such
allowance.''.
(c) Effective Date.--The <<NOTE: 37 USC 402a note.>> amendments made
by this section shall apply in determining, on or after the date of the
enactment of this Act, the eligibility of a person for a supplemental
subsistence allowance under section 402a of title 37, United States
Code, or for Federal assistance under a law specified in subsection (g)
of such section, as so amended.
SEC. 603. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC ALLOWANCE FOR
HOUSING.
Section 403(d) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``is entitled to'' and
inserting ``may be paid''; and
(2) in paragraph (4), by striking the first sentence and
inserting the following new sentence: ``A family separation
basic allowance for housing paid to a member under this
subsection is in addition to any other allowance or per diem
that the member receives under this title.''.
SEC. 604. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING SHORT-ASSIGNMENT
PERMANENT CHANGES OF STATION FOR EDUCATION OR TRAINING.
Section 403(d) of title 37, United States Code, as amended by
section 603, is further amended--
(1) in the subsection heading, by striking ``Are Unable To''
and inserting ``Do Not''; and
(2) in paragraph (3), by adding at the end the following new
subparagraph:
``(C) If the member is reassigned for a permanent change of
station or permanent change of assignment from a duty station in
the United States to another duty station in the United States
for a period of not more than one year for the purpose of
participating 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 following areas the
Secretary concerned determines will provide the more equitable
basis for the allowance:
``(i) The area of the duty station to which the
member is reassigned.
``(ii) The area in which the dependents reside, but
only if the dependents reside in that area when the
member departs for the duty station to which the member
is reassigned and only for the period during which the
dependents reside in that area.
``(iii) The area of the former duty station of the
member, if different than the area in which the
dependents reside.''.
[[Page 118 STAT. 1945]]
SEC. 605. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL NONRECURRING
EXPENSES INCURRED FOR DUTY OUTSIDE THE CONTINENTAL UNITED
STATES.
(a) Eligibility for Reimbursement.--Section 405 of title 37, United
States Code, is amended by adding at the end the following new
subsection:
``(d) Nonrecurring Expenses.--(1) The Secretary concerned may
reimburse a member of the uniformed services on duty as described in
subsection (a) for a nonrecurring expense incurred by the member
incident to such duty that--
``(A) is directly related to the conditions or location of
the duty;
``(B) is of a nature or a magnitude not normally incurred by
members of the uniformed services on duty inside the continental
United States; and
``(C) is not included in the per diem determined under
subsection (b) as payable to the member under subsection (a).
``(2) Any reimbursement provided to a member under paragraph (1) is
in addition to a per diem payable to that member under subsection
(a).''.
(b) Use of Defined Term Continental United States.--(1) Subsection
(a) of such section is amended by striking ``outside of the United
States or in Hawaii or Alaska'' and inserting ``outside of the
continental United States''.
(2) The heading of such section is amended to read as follows:
``Sec. 405. Travel and transportation allowances: per diem while on duty
outside the continental United States''.
(3) The table of sections at the beginning of chapter 7 of such
title is amended by striking the item relating to section 405 and
inserting the following new item:
``405. Travel and transportation allowances: per diem while on duty
outside the continental United States.''.
SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED IN COMBAT ZONES TO
RECEIVE LIMITED ADVANCES ON FUTURE BASIC PAY.
(a) Advancement of Basic Pay.--Chapter 3 of title 37, United States
Code, is amended by adding at the end the following new section:
``Sec. 212. Advancement of basic pay: members deployed in combat zone
for more than one year
``(a) Eligibility; Amount Advanced.--If a member of the armed forces
is assigned to duty in an area for which special pay under section 310
of this title is available and the assignment is pursuant to orders
specifying an assignment of one year or more (or the assignment is
extended beyond one year), the member may request, during the period of
the assignment, the advanced payment of not more than three months of
the basic pay of the member.
``(b) Consideration of Request.--A request by a member described in
subsection (a) for the advanced payment of a single month of basic pay
shall be granted. The Secretary concerned may grant a member's request
for a second or third month of advanced basic pay during the assignment
upon a showing of financial hardship.
[[Page 118 STAT. 1946]]
``(c) Recoupment of Advanced Pay.--The Secretary concerned shall
recoup an advance made on the basic pay of a member under this section
in equal installments over a one-year period beginning as provided in
subsection (d). If the member is serving on active duty for any month
during the recoupment period, the amount of the installment for the
month shall be deducted from the basic pay of the member for that month.
The estate of a deceased member shall not be required to repay any
portion of the advanced pay paid to the member and not repaid before the
death of the member.
``(d) Commencement of Recoupment.--The recoupment period for an
advancement of basic pay to a member under this section shall commence
on the first day of the first month beginning on or after the date on
which the member receives the advanced pay.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``212. Advancement of basic pay: members deployed in combat zone for
more than one year.''.
SEC. 607. REPEAL OF REQUIREMENT THAT MEMBERS ENTITLED TO BASIC ALLOWANCE
FOR SUBSISTENCE PAY SUBSISTENCE CHARGES WHILE HOSPITALIZED.
(a) Repeal.--(1) Section 1075 of title 10, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 55 of such
title is amended by striking the item relating to section 1075.
(b) Conforming Amendment Regarding Military-Civilian Health Services
Partnership Program.--Section 1096(c) of such title is amended--
(1) by inserting ``who is a dependent'' after ``covered
beneficiary''; and
(2) by striking ``shall pay'' and all that follows through
the period at the end of paragraph (2) and inserting ``shall pay
the charges prescribed by section 1078 of this title.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2004'' and inserting ``December 31, 2005''.
(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
[[Page 118 STAT. 1947]]
(e) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(f) Prior Service Enlistment Bonus.--Section 308i(f ) of such title
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``January 1, 2005'' and inserting ``January 1,
2006''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2004''
and inserting ``December 31, 2005''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(f ) of such title is
amended by striking ``December 31, 2004'' and inserting ``December 31,
2005''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
title is amended by striking ``the date of the enactment of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 and
ending on September 30, 2004'' and inserting ``October 30, 2000, and
ending on December 31, 2005''.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 2004'' and inserting ``December 31,
2005''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(b) Assignment Incentive Pay.--Section 307a(f) of such title is
amended by striking ``December 31, 2005'' and inserting ``December 31,
2006''.
[[Page 118 STAT. 1948]]
(c) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(d) Enlistment Bonus for Active Members.--Section 309(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(e) Retention Bonus for Members With Critical Military Skills.--
Section 323(i) of such title is amended by striking ``December 31,
2004'' and inserting ``December 31, 2005''.
(f) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
SEC. 615. AUTHORITY TO PROVIDE HAZARDOUS DUTY INCENTIVE PAY TO MILITARY
FIREFIGHTERS.
Section 301 of title 37, United States Code, is amended--
(1) in subsection (d), by inserting ``(1)'' after ``(d)'';
(2) by redesignating subsection (e) as paragraph (2) of
subsection (d); and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) A member of a uniformed service who is entitled to basic pay
may be paid incentive pay under this subsection, at a monthly rate not
to exceed $150, for any month during which the member performs duty
involving regular participation as a firefighting crew member, as
determined by the Secretary concerned.''.
SEC. 616. REDUCED SERVICE OBLIGATION FOR NURSES RECEIVING NURSE
ACCESSION BONUS.
(a) Period of Obligated Service.--Section 302d(a)(1) of title 37,
United States Code, is amended by striking ``four years'' and inserting
``three years''.
(b) Effective Date.--The <<NOTE: 37 USC 302d note.>> amendment made
by subsection (a) shall apply with respect to agreements entered into
under section 302d of title 37, United States Code, on or after the date
of the enactment of this Act.
SEC. 617. ASSIGNMENT INCENTIVE PAY.
(a) Discretionary Written Agreements.--Subsection (b) of section
307a of title 37, United States Code, is amended to read as follows:
``(b) Written Agreement.--The Secretary concerned may require a
member performing service in an assignment designated under subsection
(a) to enter into a written agreement with the Secretary in order to
qualify for incentive pay under this section. The written agreement
shall specify the period for which the incentive pay will be paid to the
member and, subject to subsection (c), the monthly rate of the incentive
pay.''.
(b) Discontinuation Upon Commencement of Terminal Leave.--Subsection
(e) of such section is amended by striking ``by reason of'' and all that
follows through the period at the end and inserting ``by reason of--
``(1) temporary duty performed by the member pursuant to
orders; or
``(2) absence of the member for authorized leave, other than
leave authorized for a period ending upon the discharge of the
member or the release of the member from active duty.''.
[[Page 118 STAT. 1949]]
(c) Effective Date.--Paragraph (2) of <<NOTE: 37 USC 307a
note.>> section 307a(e) of title 37, United States Code, as added by
subsection (b), shall apply with respect to authorized leave occurring
on or after the date of the enactment of this Act.
SEC. 618. MODIFICATION OF ACTIVE AND RESERVE COMPONENT REENLISTMENT AND
ENLISTMENT BONUS AUTHORITIES.
(a) Active-Duty Reenlistment Bonus.--(1) Paragraph (1) of subsection
(a) of section 308 of title 37, United States Code, is amended--
(A) in the matter preceding subparagraph (A), by striking
``A member'' and inserting ``The Secretary concerned may pay a
bonus under paragraph (2) to a member'';
(B) in subparagraph (A), by striking ``fourteen years'' and
inserting ``16 years'';
(C) in subparagraph (D), by striking the semicolon at the
end and inserting a period; and
(D) by striking ``may be paid a bonus as provided in
paragraph (2).''.
(2) Paragraph (3) of such subsection is amended by striking ``16
years'' and inserting ``18 years''.
(b) Selected Reserve Reenlistment Bonus.--(1) Subsection (a) of
section 308b of title 37, United States Code, is amended--
(A) in the matter preceding paragraph (1), by striking ``An
enlisted member'' and inserting ``The Secretary concerned may
pay a bonus under subsection (b) to an enlisted member'';
(B) in paragraph (1), by striking ``less than 14 years'' and
inserting ``not more than 16 years'';
(C) in paragraph (2), by striking the semicolon at the end
and inserting a period; and
(D) by striking ``may be paid a bonus as provided in
subsection (b).''.
(2) Subsection (b)(1) of such section is amended--
(A) in subparagraph (A), by striking ``$5,000'' and
inserting ``$15,000'';
(B) in subparagraph (B), by striking ``$2,500'' and
inserting ``$7,500''; and
(C) in subparagraph (C), by striking ``$2,000'' and
inserting ``$6,000''.
(3) Paragraph (2) of subsection (b) of such section is amended to
read as follows:
``(2) Bonus payments authorized under this section may be paid in
either a lump sum or in installments. If the bonus is paid in
installments, the initial payment shall be not less than 50 percent of
the total bonus amount. The Secretary concerned shall prescribe the
amount of each subsequent installment payment and the schedule for
making the installment payments.''.
(4) Subsection (c) of such section is amended--
(A) in the subsection heading, by striking ``; Limitation on
Number of Bonuses''; and
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(c) Selected Reserve Enlistment Bonus.--(1) Subsection (b) of
section 308c of title 37, United States Code, is amended by striking
``$8,000'' and inserting ``$10,000''.
(2) Subsection (f) of such section is amended to read as follows:
[[Page 118 STAT. 1950]]
``(f) A member entitled to a bonus under this section who is called
or ordered to active duty shall be paid, during that period of active
duty, any amount of the bonus that becomes payable to the member during
that period of active duty.''.
(d) Ready Reserve Enlistment Bonus for Persons Without Prior
Service.--Section 308g(b) of title 37, United States Code, is amended--
(1) by striking ``$1,000'' and inserting ``$3,000''; and
(2) by adding at the end the following new sentence: ``A
person entitled to a bonus under this section who is called or
ordered to active duty shall be paid, during that period of
active duty, any amount of the bonus that becomes payable to the
member during that period of active duty.''.
(e) Prior Service Ready Reserve Bonus.--Section 308h(b) of title 37,
United States Code, is amended--
(1) in paragraph (2)(A), by striking ``$1,500'' and
inserting ``$3,000'';
(2) in paragraph (2)(B), by striking ``$750'' and inserting
``$1,500''; and
(3) by adding at the end the following new paragraph:
``(4) A person entitled to a bonus under this section who is called
or ordered to active duty shall be paid, during that period of active
duty, any amount of the bonus that becomes payable to the member during
that period of active duty.''.
(f) Prior Service Enlistment Bonus for Selected Reserve.--(1)
Subsection (a)(2)(A) of section 308i of title 37, United States Code, is
amended by striking ``less than 14 years'' and inserting ``not more than
16 years''.
(2) Paragraph (1) of subsection (b) of such section is amended--
(A) in subparagraph (A), by striking ``$8,000'' and
inserting ``$15,000'';
(B) in subparagraph (B), by striking ``$4,000'' and
inserting ``$7,500''; and
(C) in subparagraph (C), by striking ``$3,500'' and
inserting ``$6,000''.
(3) Such subsection is further amended by adding at the end the
following new paragraph:
``(3) A person entitled to a bonus under this section who is called
or ordered to active duty shall be paid, during that period of active
duty, any amount of the bonus that becomes payable to the member during
that period of active duty.''.
(g) Effective Date.--The <<NOTE: 37 USC 308 note.>> amendment made
by subsection (a)(2) shall apply only with respect to the computation of
a bonus under section 308(a)(2)(A) of title 37, United States Code, made
on or after the date of the enactment of this Act.
SEC. 619. BONUS FOR CERTAIN INITIAL SERVICE OF OFFICERS IN THE SELECTED
RESERVE.
(a) Authority.--Chapter 5 of title 37, United States Code, is
amended by inserting after section 308i the following new section:
``Sec. 308j. Special pay: bonus for certain initial service of officers
in the Selected Reserve
``(a) Affiliation Bonus.--(1) The Secretary concerned may pay an
affiliation bonus under this section to an eligible officer in any of
the armed forces who enters into an agreement with the Secretary to
serve, for the period specified in the agreement, in
[[Page 118 STAT. 1951]]
the Selected Reserve of the Ready Reserve of an armed force under the
Secretary's jurisdiction--
``(A) in a critical officer skill designated under paragraph
(3); or
``(B) to meet a manpower shortage in--
``(i) a unit of that Selected Reserve; or
``(ii) a particular pay grade in that armed force.
``(2) An officer is eligible for an affiliation bonus under this
section if the officer--
``(A) either--
``(i) is serving on active duty for a period of more
than 30 days; or
``(ii) is a member of a reserve component not on
active duty and, if the member formerly served on active
duty, was released from active duty under honorable
conditions;
``(B) has not previously served in the Selected Reserve of
the Ready Reserve; and
``(C) is not entitled to receive retired or retainer pay.
``(3)(A) The Secretary concerned shall designate for an armed force
under the Secretary's jurisdiction the critical officer skills to which
the bonus authority under this subsection is to be applied.
``(B) A skill may be designated as a critical officer skill for an
armed force under subparagraph (A) if, to meet requirements of that
armed force, it is critical for that armed force to have a sufficient
number of officers who are qualified in that skill.
``(4) An affiliation bonus payable pursuant to an agreement under
this section to an eligible officer accrues on the date on which the
person is assigned to a unit or position in the Selected Reserve
pursuant to such agreement.
``(b) Accession Bonus.--(1) The Secretary concerned may pay an
accession bonus under this section to an eligible person who enters into
an agreement with the Secretary--
``(A) to accept an appointment as an officer in the armed
forces; and
``(B) to serve in the Selected Reserve of the Ready Reserve
in a skill designated under paragraph (2) for a period specified
in the agreement.
``(2)(A) The Secretary concerned shall designate for an armed force
under the Secretary's jurisdiction the officer skills to which the
authority under this subsection is to be applied.
``(B) A skill may be designated for an armed force under
subparagraph (A) if, to mitigate a current or projected significant
shortage of personnel in that armed force who are qualified in that
skill, it is critical to increase the number of persons accessed into
that armed force who are qualified in that skill or are to be trained in
that skill.
``(3) An accession bonus payable to a person pursuant to an
agreement under this section accrues on the date on which that agreement
is accepted by the Secretary concerned.
``(c) Period of Obligated Service.--An agreement entered into with
the Secretary concerned under this section shall require the person
entering into that agreement to serve in the Selected Reserve for a
specified period. The period specified in the agreement shall be any
period not less than three years that the Secretary concerned determines
appropriate to meet the needs of the reserve component in which the
service is to be performed.
[[Page 118 STAT. 1952]]
``(d) Amount.--The amount of a bonus under this section may be any
amount not in excess of $6,000 that the Secretary concerned determines
appropriate.
``(e) Payment.--(1) Upon acceptance of a written agreement by the
Secretary concerned under this section, the total amount of the bonus
payable under the agreement becomes fixed. The agreement shall specify
whether the bonus is to be paid in one lump sum or in installments.
``(2) A person entitled to a bonus under this section who is called
or ordered to active duty shall be paid, during that period of active
duty, any amount of the bonus that becomes payable to the member during
that period of active duty.
``(f) Relation to Other Accession Bonus Authority.--A person may not
receive an affiliation bonus or accession bonus under this section and
financial assistance under chapter 1608, 1609, or 1611 of title 10, or
under section 302g of this title, for the same period of service.
``(g) Repayment for Failure To Commence or Complete Obligated
Service.--(1) A person who, after receiving all or part of the bonus
under an agreement entered into by that person under this section, does
not accept a commission or an appointment as an officer or does not
commence to participate or does not satisfactorily participate in the
Selected Reserve for the total period of service specified in the
agreement shall repay to the United States such compensation or benefit,
except under conditions prescribed by the Secretary concerned.
``(2) The Secretary concerned shall include in each agreement
entered into by the Secretary under this section the requirements that
apply for any repayment under this subsection, including the method for
computing the amount of the repayment and any exceptions.
``(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered less than five
years after the termination of an agreement entered into under this
section does not discharge a person from a debt arising under an
agreement entered into under this subsection or a debt arising under
paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
308i the following new item:
``308j. Special pay: bonus for certain initial service of officers in
the Selected Reserve.''.
SEC. 620. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE PROFICIENCY
PAY.
(a) In General.--(1) Section 316 of title 37, United States Code, is
amended to read as follows:
``Sec. 316. Special pay and bonus for members with foreign language
proficiency
``(a) Availability of Special Pay.--Subject to subsection (c), the
Secretary concerned may pay monthly special pay under this section to a
member of the uniformed services who is entitled to basic pay under
section 204 of this title and who--
``(1) is qualified in a uniformed services specialty
requiring proficiency in a foreign language identified by the
Secretary
[[Page 118 STAT. 1953]]
concerned as a foreign language in which it is necessary to have
personnel proficient because of national defense or public
health considerations;
``(2) received training, under regulations prescribed by the
Secretary concerned, designed to develop a proficiency in such a
foreign language;
``(3) is assigned to duties requiring a proficiency in such
a foreign language; or
``(4) is proficient in a foreign language for which the
uniformed service may have a critical need, as determined by the
Secretary concerned.
``(b) Availability of Bonus.--Subject to subsection (c), the
Secretary concerned may pay an annual bonus under this section to a
member of a reserve component who satisfies the eligibility requirements
specified in paragraph (1), (2), (3), or (4) of subsection (a).
``(c) Certification of Proficiency.--To be eligible to receive
special pay or a bonus under this section, a member described in
subsection (a) or (b) must be certified by the Secretary concerned as
being proficient in the foreign language for which the special pay or
bonus is offered. The certification of the member shall expire at the
end of the one-year period beginning on the first day of the first month
beginning on or after the certification date.
``(d) Special Pay and Bonus Amounts.--(1) The monthly rate for
special pay paid under subsection (a) may not exceed $1,000.
``(2) The maximum amount of the bonus paid to a member under
subsection (b) may not exceed $6,000 for the one-year period covered by
the certification of the member. The Secretary concerned may pay the
bonus in a single lump sum at the beginning of the certification period
or in installments during the certification period.
``(e) Relationship to Other Pay or Allowance.--(1) Except as
provided in paragraph (2), special pay or a bonus paid under this
section is in addition to any other pay or allowance payable to a member
under any other provision of law.
``(2) If a member of a reserve component serving on active duty
receives special pay under subsection (a) for any month occurring during
a certification period in which the member received, or is receiving, a
bonus under subsection (b), the amount of the special pay paid to the
member for the month shall be reduced by an amount equal to \1/12\ of
the bonus amount.
``(f) Certification Interrupted by Contingency Operation.--(1)
Notwithstanding subsection (c), the Secretary concerned may waive the
certification requirement under such subsection and pay monthly special
pay or a bonus under this section to a member who--
``(A) is assigned to duty in connection with a contingency
operation;
``(B) is unable to schedule or complete the certification
required by subsection (c) because of that assignment; and
``(C) except for the lack of such certification, satisfies
the eligibility requirements for receipt of special pay under
subsection (a) or a bonus under subsection (b), whichever
applies to the member.
``(2) For purposes of providing an annual bonus to a member under
the authority of this subsection, the Secretary concerned may treat the
date on which the member was assigned to duty
[[Page 118 STAT. 1954]]
in connection with the contingency operation as equivalent to a
certification date. In the case of a member whose certification will
expire during such a duty assignment, the Secretary shall commence the
next one-year certification period on the date on which the prior
certification period expires.
``(3) A member who is paid special pay or a bonus under the
authority of this subsection shall complete the certification required
by subsection (c) for the foreign language for which the special pay or
bonus was paid not later than the end of the 180-day period beginning on
the date on which the member is released from the assignment in
connection with the contingency operation. The Secretary concerned may
extend that period for a member in accordance with regulations
prescribed under subsection (h).
``(4) If a member fails to obtain the required certification under
subsection (c) before the end of the period provided under paragraph
(3), the Secretary concerned may require the member to repay all or a
portion of the bonus in the manner provided in subsection (g).
``(g) Repayment of Bonus.--(1) The Secretary concerned may require a
member who receives a bonus under this section, but who does not satisfy
an eligibility requirement specified in paragraph (1), (2), (3), or (4)
of subsection (a) for the entire certification period, to repay to the
United States an amount which bears the same ratio to the total amount
of the bonus paid to the member as the unsatisfied portion of the
certification period bears to the entire certification period.
``(2) An obligation to repay the United States imposed under
paragraph (1) or subsection (f)(4) is for all purposes a debt owed to
the United States. A discharge in bankruptcy under title 11 that is
entered for the member less than five years after the expiration of the
certification period does not discharge the member from a debt arising
under this paragraph. This paragraph applies to any case commenced under
title 11 after the date of the enactment of this section.
``(h) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed forces
under the jurisdiction of the Secretary, by the Secretary of Homeland
Security for the Coast Guard when the Coast Guard is not operating as a
service in the Navy, by the Secretary of Health and Human Services for
the Commissioned Corps of the Public Health Service, and by the
Secretary of Commerce for the National Oceanic and Atmospheric
Administration.''.
(2) The table of sections at the beginning of chapter 5 of such
title is amended by striking the item relating to section 316 and
inserting the following new item:
``316. Special pay and bonus for members with foreign language
proficiency.''.
(b) Conforming Amendments.--(1) Section 316a of title 37, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter 5 of such
title is amended by striking the item relating to section 316a.
SEC. 621. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR CRITICAL SKILLS
RETENTION BONUS WHILE SERVING ON INDEFINITE REENLISTMENT.
Section 323(a) of title 37, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
[[Page 118 STAT. 1955]]
(2) in paragraph (2)--
(A) by inserting ``other than an enlisted member
referred to in paragraph (3),'' after ``enlisted
member,''; and
(B) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(3) in the case of an enlisted member serving pursuant to
an indefinite reenlistment, the member executes a written
agreement to remain on active duty for a period of at least one
year.''.
SEC. 622. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR INCENTIVE BONUS
FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY TO EASE
PERSONNEL SHORTAGE.
(a) Eligibility.--Section 326 of title 37, United States Code, is
amended--
(1) in subsection (a), by inserting ``of a regular or
reserve component'' after ``an eligible member'';
(2) in subsection (b)--
(A) by striking ``if--'' and all that follows
through ``at the time'' and inserting ``if, at the
time''; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(3) in subsection (c)(2), by inserting ``regular or reserve
component of the'' after ``chief personnel officer of the''.
(b) Amount of Bonus.--Subsection (c)(1) of such section is amended
by inserting before the period at the end the following: ``, in the case
of a member of a regular component of the armed forces, and $2,000, in
the case of a member of a reserve component of the armed forces''.
SEC. 623. PERMANENT INCREASE IN AUTHORIZED AMOUNTS FOR IMMINENT DANGER
SPECIAL PAY AND FAMILY SEPARATION ALLOWANCE.
(a) Imminent Danger Pay.--(1) <<NOTE: Effective dates.>> Subsection
(e) of section 310 of title 37, United States Code, is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2005''.
(2) Effective January 1, 2006, such section is further amended--
(A) in subsection (a), by striking ``$150'' and inserting
``$225''; and
(B) by striking subsection (e).
(b) Family Separation Allowance.--(1) Subsection (e) of section 427
of such title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(2) Effective January 1, 2006, such section is further amended--
(A) in subsection (a)(1), by striking ``$100'' and inserting
``$250''; and
(B) by striking subsection (e).
[[Page 118 STAT. 1956]]
Subtitle C--Travel and Transportation Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO
ATTEND BURIAL CEREMONY OR MEMORIAL SERVICE OF MEMBER WHO
DIES ON DUTY.
(a) Authorized Travel Destinations.--Subsection (a)(1) of section
411f of title 37, United States Code, is amended by inserting before the
period at the end the following: ``at the location determined under
subsection (a)(8) of section 1482 of title 10 or attend a memorial
service for the deceased member, under circumstances covered by
subsection (d) of such section''.
(b) Limitation on Amount.--Subsection (b) of such section is amended
to read as follows:
``(b) Limitation on Amount.--Allowances for travel under subsection
(a) may not exceed the rates for two days and the time necessary for
such travel.''.
(c) Unconditional Eligibility of Deceased's Parents.--Subsection
(c)(1)(C) of such section is amended by striking ``If no person
described in subparagraph (A) or (B) is provided travel and
transportation allowances under subsection (a)(1), the'' and inserting
``The''.
SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO SERIOUS ILLNESS
OR INJURY OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Removal of Limitation on Number of Family Members.--Subsection
(a)(1) of section 411h of title 37, United States Code, is amended--
(1) by striking ``two family members'' and inserting ``three
family members''; and
(2) by adding at the end the following new sentence: ``In
circumstances determined to be appropriate by the Secretary
concerned, the Secretary may waive the limitation on the number
of family members provided travel and transportation under this
section.''.
(b) Availability of Per Diem.--Such section is further amended--
(1) in subsection (a)(1), by inserting ``travel and'' before
``transportation''; and
(2) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following new
paragraph:
``(2) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance or
reimbursement for the actual and necessary expenses of the travel, or a
combination thereof, but not to exceed the rates established under
section 404(d) of this title.''.
(c) Effective Date.--Section <<NOTE: 37 USC 411h note.>> 411h of
title 37, United States Code, as amended by this section, shall apply to
travel and transportation authorized under such section that is provided
on or after October 1, 2004, to family members of a member of the Armed
Forces who is ill or injured as described in such section.
[[Page 118 STAT. 1957]]
SEC. 633. REIMBURSEMENT FOR CERTAIN LODGING COSTS INCURRED IN CONNECTION
WITH DEPENDENT STUDENT TRAVEL.
Section 430(b) of title 37, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The allowance authorized under paragraph (1) for the travel of
an eligible dependent may include reimbursement for costs incurred by or
on behalf of the dependent for lodging of the dependent that is
necessitated by an interruption in the travel caused by extraordinary
circumstances prescribed in the regulations under subsection (a). The
amount of the reimbursement shall be determined using the rate
applicable to such circumstances.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. COMPUTATION OF HIGH-36 MONTH AVERAGE FOR RESERVE COMPONENT
MEMBERS RETIRED FOR DISABILITY WHILE ON ACTIVE DUTY OR DYING
WHILE ON ACTIVE DUTY.
(a) Computation of High-36 Month Average.--Subsection (c) of section
1407 of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(3) Special Rule for Reserve Component Members.--In the
case of a member of a reserve component who is entitled to
retired pay under section 1201 or 1202 of this title, the
member's high-three average (notwithstanding paragraphs (1) and
(2)) is computed in the same manner as prescribed in paragraphs
(2) and (3) of subsection (d) for a member entitled to retired
pay under section 1204 or 1205 of this title.''.
(b) Effective Date.--Paragraph (3) of <<NOTE: 10 USC 1407
note.>> section 1407(c) of title 10, United States Code, as added by
subsection (a), shall take effect--
(1) for purposes of determining an annuity under subchapter
II or III of chapter 73 of that title, with respect to deaths on
active duty on or after September 10, 2001; and
(2) for purposes of determining the amount of retired pay of
a member of a reserve component entitled to retired pay under
section 1201 or 1202 of such title, with respect to such
entitlement that becomes effective on or after the date of the
enactment of this Act.
SEC. 642. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR MILITARY RETIREES WITH
SERVICE-CONNECTED DISABILITIES RATED AS 100 PERCENT.
(a) Termination of Phase-In at End of 2004.--Subsection (a)(1) of
section 1414 of title 10, United States Code, is amended by inserting
before the period at the end the following: ``, except that in the case
of a qualified retiree receiving veterans' disability compensation for a
disability rated as 100 percent, payment of retired pay to such veteran
is subject to subsection (c) only during the period beginning on January
1, 2004, and ending on December 31, 2004''.
[[Page 118 STAT. 1958]]
(b) Conforming Amendment.--Subsection (c) of such section is amended
in the matter preceding paragraph (1) by inserting ``that pursuant to
the second sentence of subsection (a)(1) is subject to this subsection''
after ``a qualified retiree''.
SEC. 643. DEATH BENEFITS ENHANCEMENT.
(a) Actions on Fiscal Year 2004 Death Benefits Study.--(1) The
Secretary of Defense shall expedite the completion and submission of the
report, which was due on March 1, 2004, of the results of the study of
the Federal death benefits for survivors of deceased members of the
Armed Forces required by section 647(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1520).
(2) The President <<NOTE: President.>> should promptly transmit to
Congress any recommendation for legislation, together with a request for
appropriations, that the President determines necessary to implement any
death benefits enhancements that are recommended in the report referred
to in paragraph(1).
(b) Increases of Death Gratuity Consistent With Increases of Rates
of Basic Pay.--Section 1478 of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting ``(as adjusted under
subsection (c))'' before the period at the end of the first
sentence; and
(2) by adding at the end the following new subsection:
``(c) Effective on the date on which rates of basic pay under
section 204 of title 37 are increased under section 1009 of that title
or any other provision of law, the amount of the death gratuity in
effect under subsection (a) shall be increased by the same overall
average percentage of the increase in the rates of basic pay taking
effect on that date.''.
(c) Fiscal Year 2005 Actions.--At the same time that the President
transmits to Congress the budget for fiscal year 2006 under section
1105(a) of title 31, United States Code, the President shall transmit to
Congress assessments and recommendations regarding legislation on
proposals that would provide enhanced death benefits for survivors of
deceased members of the uniformed services. Those assessments and
recommendations regarding legislation shall include provisions for the
following:
(1) Revision of the Servicemembers' Group Life Insurance
program under chapter 19 of title 38, United States Code, to
provide for--
(A) an increase in the maximum benefit amount
provided under that program from $250,000 to $350,000;
(B) an increase, each fiscal year, in that maximum
benefit amount by the same overall average percentage
increase that takes effect during such fiscal year in
the rates of basic pay under section 204 of title 37,
United States Code; and
(C) a minimum benefit amount of $100,000 at no cost
to the insured members of the uniformed services who
elect the maximum coverage, together with an increase in
such minimum benefit each fiscal year by the same
percentage increase as is described in subparagraph (B).
(2) An additional set of death benefits for each member of
the uniformed services who dies in the line of duty while
[[Page 118 STAT. 1959]]
on active duty that includes, at a minimum, an additional death
gratuity in the amount that--
(A) in the case of a member not described in
subparagraph (B), is equal to the sum of--
(i) the total amount of the basic pay to which
the deceased member would have been entitled under
section 204 of title 37, United States Code, if
the member had not died and had continued to serve
on active duty for an additional year; and
(ii) the total amount of all allowances and
special pays that the member would have been
entitled to receive under title 37, United States
Code, over the one-year period beginning on the
member's date of death as if the member had not
died and had continued to serve on active duty for
an additional year with the unit to which the
member was assigned or detailed on such date; and
(B) in the case of a member who dies as a result of
an injury caused by or incurred while exposed to hostile
action (including any hostile fire or explosion and any
hostile action from a terrorist source), is equal to
twice the amount calculated under subparagraph (A).
(3) Any other new death benefits or enhancement of existing
death benefits that the President recommends.
(4) Retroactive applicability of the benefits referred to in
paragraph (2) and, as appropriate, the benefits recommended
under paragraph (3) so as to provide the benefits--
(A) for members of the uniformed services who die in
line of duty on or after October 7, 2001, of a cause
incurred or aggravated while deployed in support of
Operation Enduring Freedom; and
(B) for members of the uniformed services who die in
line of duty on or after March 19, 2003, of a cause
incurred or aggravated while deployed in support of
Operation Iraqi Freedom.
(d) Consultation.--The President <<NOTE: President.>> shall consult
with the Secretary of Defense and the Secretary of Veterans Affairs in
developing the assessments and recommendations required under subsection
(c).
(e) Fiscal Year 2006 Budget Submission.--The budget for fiscal year
2006 that is transmitted to Congress under section 1105(a) of title 31,
United States Code, shall include assessments and recommendations on
legislation (other than draft appropriations) that includes provisions
that, on the basis of the assumption that any draft legislation
transmitted under subsection (c) would be enacted and would take effect
in fiscal year 2006--
(1) would offset fully the increased outlays that would
result from enactment of the provisions of any draft legislation
transmitted under subsection (c), for fiscal year 2006 and each
of the succeeding nine fiscal years;
(2) expressly state that they are proposed for the purpose
of the offset described in paragraph (1); and
(3) are included in full in the estimates that are made by
the Director of the Congressional Budget Office and the Director
of the Office of Management and Budget under section 252(d) of
the Balanced Budget and Emergency Deficit Control
[[Page 118 STAT. 1960]]
Act of 1985 (2 U.S.C. 902(d)) with respect to the fiscal years
referred to in paragraph (1).
(f) Early Submission of Proposal for Additional Death Benefits.--
Congress urges the President to transmit any draft of legislation for
the additional set of death benefits under paragraph (2) of subsection
(c) before the time for submission required under that subsection and as
soon as is practicable after the date of the enactment of this Act.
SEC. 644. PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION FOR
SURVIVING SPOUSES UNDER SURVIVOR BENEFIT PLAN.
(a) Phased Increase in Basic Annuity.--
(1) Standard annuity.--
(A) Increase to 55 percent.--Clause (i) of
subsection (a)(1)(B) of section 1451 of title 10, United
States Code, is amended by striking ``35 percent of the
base amount.'' and inserting ``the product of the base
amount and the percent applicable to the month, as
follows:
``(I) For a month before October 2005, the
applicable percent is 35 percent.
``(II) For months after September 2005 and
before April 2006, the applicable percent is 40
percent.
``(III) For months after March 2006 and before
April 2007, the applicable percent is 45 percent.
``(IV) For months after March 2007 and before
April 2008, the applicable percent is 50 percent.
``(V) For months after March 2008, the
applicable percent is 55 percent.''.
(B) Coordination with savings provision under prior
law.--Clause (ii) of such subsection is amended by
striking ``, at the time the beneficiary becomes
entitled to the annuity,''.
(2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I)
of such section is amended by striking ``35 percent'' and
inserting ``the percent specified under subsection (a)(1)(B)(i)
as being applicable for the month''.
(3) Survivors of eligible persons dying on active duty,
etc.--
(A) Increase to 55 percent.--Clause (i) of
subsection (c)(1)(B) of such section is amended--
(i) by striking ``35 percent'' and inserting
``the applicable percent''; and
(ii) by adding at the end the following: ``The
percent applicable for a month under the preceding
sentence is the percent specified under subsection
(a)(1)(B)(i) as being applicable for that
month.''.
(B) Coordination with savings provision under prior
law.--Clause (ii) of such subsection is amended by
striking ``, at the time the beneficiary becomes
entitled to the annuity,''.
(4) Clerical amendment.--The heading for subsection
(d)(2)(A) of such section is amended to read as follows:
``Computation of annuity.--''.
(b) Corresponding Phased Elimination of Supplemental Annuity.--
[[Page 118 STAT. 1961]]
(1) Phased reduction of supplemental annuity.--Section
1457(b) of title 10, United States Code, is amended--
(A) by striking ``5, 10, 15, or 20 percent'' and
inserting ``the applicable percent''; and
(B) by inserting after the first sentence the
following: ``The percent used for the computation shall
be an even multiple of 5 percent and, whatever the
percent specified in the election, may not exceed 20
percent for months before October 2005, 15 percent for
months after September 2005 and before April 2006, 10
percent for months after March 2006 and before April
2007, and 5 percent for months after March 2007 and
before April 2008.''.
(2) Repeal upon implementation of 55 percent sbp annuity.--
Effective on <<NOTE: Effective date.>> April 1, 2008, chapter 73
of such title is amended--
(A) <<NOTE: 10 USC 1456-1460, 1460a, 1460b.>> by
striking subchapter III; and
(B) by striking the item relating to subchapter III
in the table of subchapters at the beginning of that
chapter.
(c) Recomputation of <<NOTE: 10 USC 1450 note. Effective
date.>> Annuities.--
(1) Periodic recomputation required.--Effective on the first
day of each month specified in paragraph (2)--
(A) each annuity under section 1450 of title 10,
United States Code, that commenced before that month, is
computed under a provision of section 1451 of that title
amended by subsection (a), and is payable for that month
shall be recomputed so as to be equal to the amount that
would be in effect if the percent applicable for that
month under that provision, as so amended, had been used
for the initial computation of the annuity; and
(B) each supplemental survivor annuity under section
1457 of such title that commenced before that month and
is payable for that month shall be recomputed so as to
be equal to the amount that would be in effect if the
percent applicable for that month under that section, as
amended by this section, had been used for the initial
computation of the supplemental survivor annuity.
(2) Time for recomputation.--The requirement under paragraph
(1) for recomputation of certain annuities applies with respect
to the following months:
(A) October 2005.
(B) April 2006.
(C) April 2007.
(D) April 2008.
(d) Termination of <<NOTE: 10 USC 1460 note.>> Retired Pay
Reductions for Supplemental Survivor Annuities.--(1) Except as provided
in paragraph (2), there shall be no reduction in retired pay under
section 1460 of title 10, United States Code, for any month beginning
after the date of the enactment of this Act.
(2) Reductions in retired pay under section 1460 of title 10, United
States Code, shall be made for months after September 2005 in the case
of coverage under subchapter III of chapter 73 of title 10, United
States Code, that is provided (for new coverage or increased coverage)
through an election under the open season provided by section 645. The
Secretary of Defense shall take such actions as are necessitated by the
amendments made by subsection (b) and the requirements of subsection
(c)(1)(B) to ensure that reductions in retired pay under section 1460 of
title 10, United
[[Page 118 STAT. 1962]]
States Code, pursuant to the preceding sentence are adjusted to achieve
the objectives set forth in subsection (b) of that section.
SEC. 645. <<NOTE: 10 USC 1448 note.>> ONE-YEAR OPEN ENROLLMENT PERIOD
FOR SURVIVOR BENEFIT PLAN COMMENCING OCTOBER 1, 2005.
(a) Persons Not Currently Participating in Survivor Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or former
member may elect to participate in the Survivor Benefit Plan
during the open enrollment period specified in subsection (f).
(2) Election of supplemental annuity coverage.--An eligible
retired or former member who elects under paragraph (1) to
participate in the Survivor Benefit Plan at the maximum level
may also elect during the open enrollment period to participate
in the Supplemental Survivor Benefit Plan.
(3) Eligible retired or former member.--For purposes of
paragraphs (1) and (2), an eligible retired or former member is
a member or former member of the uniformed services who on the
day before the first day of the open enrollment period is not a
participant in the Survivor Benefit Plan and--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code, but for the fact
that such member or former member is under 60 years of
age.
(4) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election
under paragraph (1) by reason of eligibility under
paragraph (3)(A) shall be treated for all purposes as
providing a standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person making an
election under paragraph (1) by reason of eligibility
under paragraph (3)(B) shall be treated for all purposes
as providing a reserve-component annuity under the
Survivor Benefit Plan.
(b) Election To Increase Coverage Under SBP.--A person who on the
day before the first day of the open enrollment period is a participant
in the Survivor Benefit Plan but is not participating at the maximum
base amount or is providing coverage under the Plan for a dependent
child and not for the person's spouse or former spouse may, during the
open enrollment period, elect to--
(1) participate in the Plan at a higher base amount (not in
excess of the participant's retired pay); or
(2) provide annuity coverage under the Plan for the person's
spouse or former spouse at a base amount not less than the base
amount provided for the dependent child.
(c) Election for Current SBP Participants To Participate in
Supplemental SBP.--
(1) Election.--A person who is eligible to make an election
under this paragraph may elect during the open enrollment period
to participate in the Supplemental Survivor Benefit Plan.
(2) Persons eligible.--Except as provided in paragraph (3),
a person is eligible to make an election under paragraph (1) if
on the day before the first day of the open enrollment period
the person is a participant in the Survivor Benefit Plan at the
maximum level, or during the open enrollment period the person
increases the level of such participation to the
[[Page 118 STAT. 1963]]
maximum level under subsection (b) of this section, and under
that Plan is providing annuity coverage for the person's spouse
or a former spouse.
(3) Limitation on eligibility for certain sbp participants
not affected by two-tier annuity computation.--A person is not
eligible to make an election under paragraph (1) if (as
determined by the Secretary concerned) the annuity of a spouse
or former spouse beneficiary of that person under the Survivor
Benefit Plan is to be computed under section 1451(e) of title
10, United States Code. However, such a person may during the
open enrollment period waive the right to have that annuity
computed under such section 1451(e). Any such election is
irrevocable. A person making such a waiver may make an election
under paragraph (1) as in the case of any other participant in
the Survivor Benefit Plan.
(d) Manner of Making Elections.--An election under this section
shall be made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
enrollment period. Any such election shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be. A person making an election under subsection (a) to provide
a reserve-component annuity shall make a designation described in
section 1448(e) of title 10, United States Code.
(e) Effective Date for Elections.--Any such election shall be
effective as of the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
(f) Open Enrollment Period.--The open enrollment period under this
section is the one-year period beginning on October 1, 2005.
(g) Effect of Death of Person Making Election Within Two Years of
Making Election.--If a person making an election under this section dies
before the end of the two-year period beginning on the effective date of
the election, the election is void and the amount of any reduction in
retired pay of the person that is attributable to the election shall be
paid in a lump sum to the person who would have been the deceased
person's beneficiary under the voided election if the deceased person
had died after the end of such two-year period.
(h) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
this section in the same manner as if the election were made under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be.
(i) Premium for Open Enrollment Election.--
(1) Premiums to be charged.--The Secretary of Defense shall
prescribe in regulations premiums which a person electing under
this section shall be required to pay for participating in the
Survivor Benefit Plan pursuant to the election. The total amount
of the premiums to be paid by a person under the regulations
shall be equal to the sum of--
(A) the total amount by which the retired pay of the
person would have been reduced before the effective date
[[Page 118 STAT. 1964]]
of the election if the person had elected to participate
in the Survivor Benefit Plan (for the same base amount
specified in the election) at the first opportunity that
was afforded the member to participate under chapter 73
of title 10, United States Code;
(B) interest on the amounts by which the retired pay
of the person would have been so reduced, computed from
the dates on which the retired pay would have been so
reduced at such rate or rates and according to such
methodology as the Secretary of Defense determines
reasonable; and
(C) any additional amount that the Secretary
determines necessary to protect the actuarial soundness
of the Department of Defense Military Retirement Fund
against any increased risk for the fund that is
associated with the election.
(2) Premiums to be credited to retirement fund.--Premiums
paid under the regulations under paragraph (1) shall be credited
to the Department of Defense Military Retirement Fund.
(h) Definitions.--In this section:
(1) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10,
United States Code.
(2) The term ``Supplemental Survivor Benefit Plan'' means
the program established under subchapter III of chapter 73 of
title 10, United States Code.
(3) The term ``retired pay'' includes retainer pay paid
under section 6330 of title 10, United States Code.
(4) The terms ``uniformed services'' and ``Secretary
concerned'' have the meanings given those terms in section 101
of title 37, United States Code.
(5) The term ``Department of Defense Military Retirement
Fund'' means the Department of Defense Military Retirement Fund
established under section 1461(a) of title 10, United States
Code.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEGISLATIVE PROVISIONS
REGARDING DEFENSE COMMISSARY SYSTEM AND EXCHANGES AND OTHER
MORALE, WELFARE, AND RECREATION ACTIVITIES.
(a) Provisions Related to Commissary Stores.--Chapter 147 of title
10, United States Code, is amended--
(1) by striking the table of sections at the beginning of
the chapter and sections 2481, 2483, 2485, and 2487;
(2) by redesignating sections 2482, 2484, and 2486 as
sections 2485, 2483 and 2484, respectively;
(3) by inserting after the chapter heading the following:
``Subchapter Sec.
``I. Defense Commissary and Exchange Systems...................... 2481
[[Page 118 STAT. 1965]]
``II. Relationship, Continuation, and Common Policies of Defense
Commissary and Exchange Systems................................... 2487
``III. Morale, Welfare, and Recreation Programs and
Nonappropriated Fund Instrumentalities............................ 2491
``SUBCHAPTER I--DEFENSE COMMISSARY AND EXCHANGE SYSTEMS
``Sec.
``2481. Defense commissary and exchange systems: existence and purpose
``2482. Commissary stores: criteria for establishment or closure; store
size.
``2483. Commissary stores: use of appropriated funds to cover operating
expenses.
``2484. Commissary stores: merchandise that may be sold; uniform
surcharges and pricing.
``2485. Commissary stores: operation.
``Sec. 2481. Defense commissary and exchange systems: existence and
purpose
``(a) Separate Systems.--The Secretary of Defense shall operate, in
the manner provided by this chapter and other provisions of law, a
world-wide system of commissary stores and a separate world-wide system
of exchange stores. The stores of each system may sell, at reduced
prices, food and other merchandise to members of the uniformed services
on active duty, members of the uniformed services entitled to retired
pay, dependents of such members, and persons authorized to use the
system under chapter 54 of this title.
``(b) Purpose of Systems.--The defense commissary system and the
exchange system are intended to enhance the quality of life of members
of the uniformed services, retired members, and dependents of such
members, and to support military readiness, recruitment, and retention.
``(c) Oversight.--(1) The Secretary of Defense shall designate a
senior official of the Department of Defense to oversee the operation of
both the defense commissary system and the exchange system.
``(2) The Secretary of Defense shall establish an executive
governing body to provide advice to the senior official designated under
paragraph (1) regarding the operation of the defense commissary and
exchange systems and to ensure the complementary operation of the
systems.
``(d) Reduced Prices Defined.--In this section, the term `reduced
prices' means prices for food and other merchandise determined using the
price setting process specified in section 2484 of this title.
``Sec. 2482. Commissary stores: criteria for establishment or closure;
store size
``(a) Primary Consideration for Establishment.--The needs of members
of the armed forces on active duty and the needs of dependents of such
members shall be the primary consideration whenever the Secretary of
Defense--
``(1) assesses the need to establish a commissary store; and
``(2) selects the actual location for the store.
``(b) Store Size.--In determining the size of a commissary store,
the Secretary of Defense shall take into consideration the number of all
authorized patrons of the defense commissary system who are likely to
use the store.
[[Page 118 STAT. 1966]]
``(c) Closure Considerations.--(1) Whenever assessing whether to
close a commissary store, the effect of the closure on the quality of
life of members and dependents referred to in subsection (a) who use the
store and on the welfare and security of the military community in which
the commissary is located shall be a primary consideration.
``(2) Whenever assessing whether to close a commissary store, the
Secretary of Defense shall also consider the effect of the closure on
the quality of life of members of the reserve components of the armed
forces.
``(d) Congressional Notification.--(1) The closure of a commissary
store shall not take effect until the end of the 90-day period beginning
on the date on which the Secretary of Defense submits to Congress
written notice of the reasons supporting the closure. The written notice
shall include an assessment of the impact closure will have on the
quality of life for military patrons and the welfare and security of the
military community in which the commissary is located.
``(2) Paragraph (1) shall not apply in the case of the closure of a
commissary store as part of the closure of a military installation under
a base closure law.'';
(4) by inserting sections 2483 and 2484, as redesignated by
paragraph (2), after section 2482, as added by paragraph (3);
(5) in section 2484, as redesignated by paragraph (2)--
(A) by striking subsections (a), (b), (c), and (g);
(B) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively;
(C) by inserting before subsection (f), as so
redesignated, the following new subsections:
``(a) In General.--As provided in section 2481(a) of this title,
commissary stores are intended to be similar to commercial grocery
stores and may sell merchandise similar to that sold in commercial
grocery stores.
``(b) Authorized Commissary Merchandise Categories.--Merchandise
sold in, at, or by commissary stores may include items in the following
categories:
``(1) Meat, poultry, seafood, and fresh-water fish.
``(2) Nonalcoholic beverages.
``(3) Produce.
``(4) Grocery food, whether stored chilled, frozen, or at
room temperature.
``(5) Dairy products.
``(6) Bakery and delicatessen items.
``(7) Nonfood grocery items.
``(8) Tobacco products.
``(9) Health and beauty aids.
``(10) Magazines and periodicals.
``(c) Inclusion of Other Merchandise Items.--(1) The Secretary of
Defense may authorize the sale in, at, or by commissary stores of
merchandise not covered by a category specified in subsection
(b). <<NOTE: Notification.>> The Secretary shall notify Congress of all
merchandise authorized for sale pursuant to this paragraph, as well as
the removal of any such authorization.
``(2) Notwithstanding paragraph (1), the Department of Defense
military resale system shall continue to maintain the exclusive
[[Page 118 STAT. 1967]]
right to operate convenience stores, shopettes, and troop stores,
including such stores established to support contingency operations.
``(3) A military exchange shall be the vendor for the sale of
tobacco products in commissary stores and may be the vendor for such
merchandise as may be authorized for sale in commissary stores under
paragraph (1). Subsections (d) and (e) shall not apply to the pricing of
such an item when a military exchange serves as the vendor of the item.
Commissary store and exchange prices shall be comparable for such an
item.
``(d) Uniform Sales Price Surcharge.--The Secretary of Defense shall
apply a uniform surcharge equal to five percent on the sales prices
established under subsection (e) for each item of merchandise sold in,
at, or by commissary stores.'';
(D) in subsection (e), as so redesignated, by
striking ``(consistent with this section and section
2685 of this title)'' in paragraph (1);
(E) in subsection (g), as so redesignated, by
striking ``Subsections (c) and (d)'' and inserting
``Subsections (d) and (e)''; and
(F) by adding at the end the following new
subsection:
``(h) Use of Surcharge for Construction, Repair, Improvement, and
Maintenance.--(1)(A) The Secretary of Defense may use the proceeds from
the surcharges imposed under subsection (d) only--
``(i) to acquire (including acquisition by lease),
construct, convert, expand, improve, repair, maintain, and equip
the physical infrastructure of commissary stores and central
product processing facilities of the defense commissary system;
and
``(ii) to cover environmental evaluation and construction
costs related to activities described in clause (i), including
costs for surveys, administration, overhead, planning, and
design.
``(B) In subparagraph (A), the term `physical infrastructure'
includes real property, utilities, and equipment (installed and free
standing and including computer equipment), necessary to provide a
complete and usable commissary store or central product processing
facility.
``(2)(A) The Secretary of Defense may authorize a nonappropriated
fund instrumentality of the United States to enter into a contract for
construction of a shopping mall or similar facility for a commissary
store and one or more nonappropriated fund instrumentality activities.
The Secretary may use the proceeds of surcharges under subsection (d) to
reimburse the nonappropriated fund instrumentality for the portion of
the cost of the contract that is attributable to construction of the
commissary store or to pay the contractor directly for that portion of
such cost.
``(B) In subparagraph (A), the term `construction', with respect to
a facility, includes acquisition, conversion, expansion, installation,
or other improvement of the facility.
``(3) The Secretary of Defense, with the approval of the Director of
the Office of Management and Budget, may obligate anticipated proceeds
from the surcharges under subsection (d) for any use specified in
paragraph (1) or (2), without regard to fiscal year limitations, if the
Secretary determines that such obligation is necessary to carry out any
use of such adjustments or surcharges specified in such paragraph.
``(4) Revenues received by the Secretary of Defense from the
following sources or activities of commissary store facilities shall
[[Page 118 STAT. 1968]]
be available for the purposes set forth in paragraphs (1), (2), and (3):
``(A) Sale of recyclable materials.
``(B) Sale of excess and surplus property.
``(C) License fees.
``(D) Royalties.
``(E) Fees paid by sources of products in order to obtain
favorable display of the products for resale, known as business
related management fees.'';
(6) by inserting section 2485, as redesignated by paragraph
(2), after section 2484, as amended by paragraph (5); and
(7) in section 2485, as redesignated by paragraph (2)--
(A) in subsection (b)(2), by striking ``section
2484'' and inserting ``section 2483'';
(B) in subsection (c)(2), by adding at the end the
following new sentences: ``The chairman of the governing
board shall be a commissioned officer or member of the
senior executive service who has demonstrated experience
or knowledge relevant to the management of the defense
commissary system. In selecting other members of the
governing board, the Secretary shall give priority to
persons with experience related to logistics, military
personnel, military entitlements or other experiences of
value of management of commissaries.''; and
(C) by adding at the end the following new
subsections:
``(d) Assignment of Active Duty Members.--(1) Except as provided in
paragraph (2), members of the armed forces on active duty may not be
assigned to the operation of a commissary store.
``(2)(A) The Secretary of Defense may assign an officer on the
active-duty list to serve as the Director of the Defense Commissary
Agency.
``(B) Not more than 18 members (in addition to the officer referred
to in subparagraph (A)) of the armed forces on active duty may be
assigned to the Defense Commissary Agency. Members who may be assigned
under this subparagraph to regional headquarters of the agency shall be
limited to enlisted members assigned to duty as advisers in the regional
headquarters responsible for overseas commissaries and to veterinary
specialists.
``(e) Reimbursement for Use of Commissary Facilities by Military
Departments.--(1) The Secretary of a military department shall pay the
Defense Commissary Agency the amount determined under paragraph (2) for
any use of a commissary facility by the military department for a
purpose other than commissary sales or operations in support of
commissary sales.
``(2) The amount payable under paragraph (1) for use of a commissary
facility by a military department shall be equal to the share of
depreciation of the facility that is attributable to that use, as
determined under regulations prescribed by the Secretary of Defense.
``(3) The Director of the Defense Commissary Agency shall credit
amounts paid under paragraph (1) for use of a facility to an appropriate
account to which proceeds of a surcharge applied under section 2484(d)
of this title are credited.
``(4) This subsection applies with respect to a commissary facility
that is acquired, constructed, converted, expanded, installed, or
otherwise improved (in whole or in part) with the proceeds of a
surcharge applied under section 2484(d) of this title.
[[Page 118 STAT. 1969]]
``(f) Donation of Unusable Food.--(1) The Secretary of Defense may
donate food described in paragraph (2) to any of the following entities:
``(A) A charitable nonprofit food bank that is designated by
the Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
``(B) A State or local agency that is designated by the
Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
``(C) A chapter or other local unit of a recognized national
veterans organization that provides services to persons without
adequate shelter and is designated by the Secretary of Veterans
Affairs as authorized to receive such donations.
``(D) A not-for-profit organization that provides care for
homeless veterans and is designated by the Secretary of Veterans
Affairs as authorized to receive such donations.
``(2) Food that may be donated under this subsection is commissary
store food, mess food, meals ready-to-eat (MREs), rations known as
humanitarian daily rations (HDRs), and other food available to the
Secretary of Defense that--
``(A) is certified as edible by appropriate food inspection
technicians;
``(B) would otherwise be destroyed as unusable; and
``(C) in the case of commissary store food, is unmarketable
and unsaleable.
``(3) In the case of commissary store food, a donation under this
subsection shall take place at the site of the commissary store that is
donating the food.
``(4) This subsection does not authorize any service (including
transportation) to be provided in connection with a donation under this
subsection.
``(g) Collection of Dishonored Checks.--(1) The Secretary of Defense
may impose a charge for the collection of a check accepted at a
commissary store that is not honored by the financial institution on
which the check is drawn. The imposition and amounts of charges shall be
consistent with practices of commercial grocery stores regarding
dishonored checks.
``(2)(A) The following persons are liable to the United States for
the amount of a check referred to in paragraph (1) that is returned
unpaid to the United States, together with any charge imposed under that
paragraph:
``(i) The person who presented the check.
``(ii) Any person whose status and relationship to the
person who presented the check provide the basis for that
person's eligibility to make purchases at a commissary store.
``(B) Any amount for which a person is liable under subparagraph (A)
may be collected by deducting and withholding such amount from any
amounts payable to that person by the United States.
``(3) Amounts collected as charges imposed under paragraph (1) shall
be credited to the commissary trust revolving fund.
``(4) Appropriated funds may be used to pay any costs incurred in
the collection of checks and charges referred to in paragraph (1). An
appropriation account charged a cost under the preceding sentence shall
be reimbursed the amount of that cost out of funds in the commissary
trust revolving fund.
[[Page 118 STAT. 1970]]
``(5) In this subsection, the term `commissary trust revolving fund'
means the trust revolving fund maintained by the Department of Defense
for surcharge collections and proceeds of sales of commissary stores.
``(h) Release of Certain Commercially Valuable Information to
Public.--(1) The Secretary of Defense may limit the release to the
public of any information described in paragraph (2) if the Secretary
determines that it is in the best interest of the Department of Defense
to limit the release of such information. If the Secretary determines to
limit the release of any such information, the Secretary may provide for
limited release of such information in accordance with paragraph (3).
``(2) Paragraph (1) applies to the following:
``(A) Information contained in the computerized business
systems of commissary stores or the Defense Commissary Agency
that is collected through or in connection with the use of
electronic scanners in commissary stores, including the
following information:
``(i) Data relating to sales of goods or services.
``(ii) Demographic information on customers.
``(iii) Any other information pertaining to
commissary transactions and operations.
``(B) Business programs, systems, and applications
(including software) relating to commissary operations that were
developed with funding derived from commissary surcharges.
``(3)(A) The Secretary of Defense may, using competitive procedures,
enter into a contract to sell information described in paragraph (2).
``(B) The Secretary of Defense may release, without charge,
information on an item sold in commissary stores to the manufacturer or
producer of that item or an agent of the manufacturer or producer.
``(C) The Secretary of Defense shall establish performance
benchmarks and shall submit information on customer satisfaction and
performance data to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives.
``(D) The Secretary of Defense may, by contract entered into with a
business, grant to the business a license to use business programs
referred to in paragraph (2)(B), including software used in or
comprising any such program. The fee charged for the license shall be
based on the costs of similar programs developed and marketed by
businesses in the private sector, determined by means of surveys.
``(E) Each contract entered into under this paragraph shall specify
the amount to be paid for information released or a license granted
under the contract, as the case may be.
``(4) Information described in paragraph (2) may not be released,
under paragraph (3) or otherwise, in a form that identifies any customer
or that provides information making it possible to identify any
customer.
``(5) Amounts received by the Secretary under this section shall be
credited to funds derived from commissary surcharges applied under
section 2484(e) of this title, shall be merged with those funds, and
shall be available for the same purposes as the funds with which
merged.''.
[[Page 118 STAT. 1971]]
(b) Relation Between Defense Commissary and Exchange Systems.--
Chapter 147 of title 10, United States Code, is further amended--
(1) by inserting after section 2485, as amended by
subsection (a)(7), the following:
``SUBCHAPTER II--RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF
DEFENSE COMMISSARY AND EXCHANGE SYSTEMS
``Sec.
``2487. Relationship between defense commissary system and exchange
stores system.
``2488. Combined exchange and commissary stores.
``2489. Overseas commissary and exchange stores: access and purchase
restrictions.
``Sec. 2487. Relationship between defense commissary system and exchange
stores system
``(a) Separate Operation of Systems.--(1) Except as provided in
paragraph (2), the defense commissary system and the exchange stores
system shall be operated as separate systems of the Department of
Defense.
``(2) Paragraph (1) does not apply to the following:
``(A) Combined exchange and commissary stores operated under
the authority provided by section 2489 of this title.
``(B) NEXMART stores of the Navy Exchange Service Command
established before October 1, 2003.
``(b) Consolidation or Other Organizational Changes of Defense
Retail Systems.--(1) The operation and administration of the defense
retail systems may not be consolidated or otherwise merged unless the
consolidation or merger is specifically authorized by an Act of
Congress.
``(2) In this subsection, the term `defense retail systems' means
the defense commissary system and exchange stores system and other
revenue-generating facilities operated by nonappropriated fund
instrumentalities of the Department of Defense for the morale, welfare,
and recreation of members of the armed forces.'';
(2) by redesignating sections 2488, 2489, 2489a as sections
2495, 2495a, and 2495b, respectively; and
(3) by redesignating sections 2490a and 2492 as sections
2488 and 2489, respectively, and inserting such sections after
section 2487, as added by paragraph (1).
(c) MWR Programs and Nonappropriated Fund Instrumentalities.--
Chapter 147 of title 10, United States Code, is further amended--
(1) by inserting after section 2489, as redesignated and
moved by subsection (b)(3), the following:
``SUBCHAPTER III--MORALE, WELFARE, AND RECREATION PROGRAMS AND
NONAPPROPRIATED FUND INSTRUMENTALITIES
``Sec.
``2491. Uniform funding and management of morale, welfare, and
recreation programs.
``2491a. Department of Defense golf courses: limitation on use of
appropriated funds.
``2491b. Use of appropriated funds for operation of Armed Forces
Recreation Center, Europe: limitation.
``2491c. Retention of morale, welfare, and recreation funds by military
installations: limitation.
[[Page 118 STAT. 1972]]
``2492. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide and obtain goods
and services.
``2493. Fisher Houses: administration as nonappropriated fund
instrumentality.
``2494. Nonappropriated fund instrumentalities: furnishing utility
services for morale, welfare, and recreation purposes.
``2495. Nonappropriated fund instrumentalities: purchase of alcoholic
beverages.
``2495a. Overseas package stores: treatment of United States wines.
``2495b. Sale or rental of sexually explicit material prohibited.'';
(2) by redesignating section 2494 as section 2491 and
inserting such section after the table of sections at the
beginning of subchapter III, as added by paragraph (1);
(3) by redesignating section 2482a as section 2492 and
inserting such section before section 2493;
(4) by inserting after section 2493 the following new
section:
``Sec. 2494. Nonappropriated fund instrumentalities: furnishing utility
services for morale, welfare, and recreation
purposes
``Appropriations for the Department of Defense may be used to
provide utility services for--
``(1) buildings on military installations authorized by
regulation to be used for morale, welfare, and recreation
purposes; and
``(2) other morale, welfare, and recreation activities for
members of the armed forces.''; and
(5) by inserting sections 2495, 2495a, and 2495b, as
redesignated by subsection (b)(2), after section 2494, as added
by paragraph (4).
(d) Inclusion of Other Title 10 Provisions.--Sections 2246, 2247,
and 2219 of title 10, United States Code, are--
(1) transferred to chapter 147 of such title;
(2) inserted after section 2491, as redesignated and moved
by subsection (c)(2); and
(3) redesignated as sections 2491a, 2491b, and 2491c,
respectively.
(e) Conforming Amendments.--(1) Section 977 of title 10, United
States Code, is repealed.
(2) Section 2868 of such title is amended by striking ``for--'' and
all that follows through the period at the end and inserting ``for
buildings constructed at private cost, as authorized by law.''.
(3) Section 367 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1987; 10 U.S.C.
2482 note) is repealed.
(f) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 49 of title 10, United States Code, is amended by striking
the item relating to section 977.
(2) The table of sections at the beginning of chapter 131 of such
title is amended by striking the item relating to section 2219.
(3) The table of sections at the beginning of subchapter I of
chapter 134 of such title is amended by striking the items relating to
sections 2246 and 2247.
(g) Test Program of <<NOTE: 10 USC 2484 note.>> Sale of Certain
Items in Commissary Stores.--(1) The Secretary of Defense may conduct a
test program involving the sale of telephone cards, film, and one-time
use cameras in not less than 10 commissary stores for a period selected
by the Secretary, but not less than six months.
(2) <<NOTE: Deadlines. Reports.>> Within 90 days after the
completion of the first year of the test program or within 90 days after
the completion of the test program, whichever occurs first, the
Secretary shall submit
[[Page 118 STAT. 1973]]
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report containing the
results of the test program. The report shall include an analysis of the
impact of the sale of such items on the exchange dividend and such
recommendations as the Secretary considers appropriate regarding
legislative changes necessary to expand the sale of such items in
commissary stores.
(h) Comptroller General Study.--(1) The Comptroller General shall
conduct a study evaluating the impact that the expansion of the
categories of merchandise authorized for sale in commissary stores has
on the exchange dividend. The Comptroller General shall determine the
amounts derived from exchange sales and allocated as exchange dividends
during the five-year period ending on September 30, 2004, and the
morale, welfare, and recreation programs supported using such dividends.
(2) <<NOTE: Deadline.>> The Secretary shall submit the results of
the study to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives not later
than March 31, 2006.
SEC. 652. CONSISTENT STATE TREATMENT OF DEPARTMENT OF DEFENSE
NONAPPROPRIATED FUND HEALTH BENEFITS PROGRAM.
Section 349 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 10 U.S.C. 1587 note) is amended by adding
at the end the following new subsection:
``(c) Treatment of Program as Federal Health Benefit Program.--(1)
No State tax, fee, other monetary payment, or State health plan
requirement, may be imposed, directly or indirectly, on the
Nonappropriated Fund Uniform Health Benefits Program of the Department
of Defense, or on a carrier or an underwriting or plan administration
contractor of the Program, to the same extent as such prohibition
applies to the health insurance program authorized by chapter 89 of
title 5, United States Code, under section 8909(f) of such title.
``(2) Paragraph (1) shall not be construed to exempt the
Nonappropriated Fund Uniform Health Benefits Program of the Department
of Defense, or any carrier or underwriting or plan administration
contractor of the Program from the imposition, payment, or collection of
a tax, fee, or other monetary payment on the net income or profit
accruing to, or realized by, the Program or by such carrier or
contractor from business conducted under the Program, so long as the
tax, fee, or payment is applicable to a broad range of business
activity.
``(3) In this subsection, the term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands, and any political subdivision or other
non-Federal authority thereof.''.
[[Page 118 STAT. 1974]]
Subtitle F--Other Matters
SEC. 661. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT OF EXPENSES INCURRED
FOR ADOPTION PLACEMENTS MADE BY FOREIGN GOVERNMENTS.
Section 1052(g)(3) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(D) A foreign government or an agency authorized
by a foreign government to place children for adoption,
in any case in which--
``(i) the adopted child is entitled to
automatic citizenship under section 320 of the
Immigration and Nationality Act (8 U.S.C. 1431);
or
``(ii) a certificate of citizenship has been
issued for such child under section 322 of that
Act (8 U.S.C. 1433).''.
SEC. 662. CLARIFICATION OF EDUCATION LOANS QUALIFYING FOR EDUCATION LOAN
REPAYMENT PROGRAM FOR RESERVE COMPONENT HEALTH PROFESSIONS
OFFICERS.
Section 16302(a)(5) of title 10, United States Code, is amended by
inserting ``a basic professional qualifying degree (as determined under
regulations prescribed by the Secretary of Defense) or graduate
education in'' after ``regarding''.
SEC. 663. RECEIPT OF PAY BY RESERVISTS FROM CIVILIAN EMPLOYERS WHILE ON
ACTIVE DUTY IN CONNECTION WITH A CONTINGENCY OPERATION.
Section 209 of title 18, United States Code, is amended by adding at
the end the following new subsection:
``(h) This section does not prohibit a member of the reserve
components of the armed forces on active duty pursuant to a call or
order to active duty under a provision of law referred to in section
101(a)(13) of title 10 from receiving from any person that employed such
member before the call or order to active duty any payment of any part
of the salary or wages that such person would have paid the member if
the member's employment had not been interrupted by such call or order
to active duty.''.
SEC. 664. RELIEF FOR MOBILIZED RESERVISTS FROM CERTAIN FEDERAL
AGRICULTURAL LOAN OBLIGATIONS.
The Consolidated Farm and Rural Development Act is amended by
inserting after section 331F (7 U.S.C. 1981f) the following new section:
``SEC. 332. <<NOTE: 7 USC 1982.>> RELIEF FOR MOBILIZED MILITARY
RESERVISTS FROM CERTAIN AGRICULTURAL LOAN OBLIGATIONS.
``(a) Definition of Mobilized Military Reservist.--In this section,
the term `mobilized military reservist' means an individual who--
``(1) is on active duty under section 688, 12301(a),
12301(g), 12302, 12304, 12306, or 12406, or chapter 15 of title
10, United States Code, or any other provision of law during a
war or during a national emergency declared by the President or
Congress, regardless of the location at which the active duty
service is performed; or
[[Page 118 STAT. 1975]]
``(2) in the case of a member of the National Guard, is on
full-time National Guard duty (as defined in section 101(d)(5)
of title 10, United States Code) under a call to active service
authorized by the President or the Secretary of Defense for a
period of more than 30 consecutive days under section 502(f) of
title 32, United States Code, for purposes of responding to a
national emergency declared by the President and supported by
Federal funds.
``(b) Forgiveness of Interest Payments Due While Borrower Is a
Mobilized Military Reservist.--Any requirement that a borrower of a
direct loan made under this title make any interest payment on the loan
that would otherwise be required to be made while the borrower is a
mobilized military reservist is rescinded.
``(c) Deferral of Principal Payments Due While or After Borrower Is
a Mobilized Military Reservist.--The due date of any payment of
principal on a direct loan made to a borrower under this title that
would otherwise be required to be made while or after the borrower is a
mobilized military reservist is deferred for a period equal in length to
the period for which the borrower is a mobilized military reservist.
``(d) Nonaccrual of Interest.--Interest on a direct loan made to a
borrower described in this section shall not accrue during the period
the borrower is a mobilized military reservist.
``(e) Borrower Not Considered To Be Delinquent or Receiving Debt
Forgiveness.--Notwithstanding section 373 or any other provision of this
title, a borrower who receives assistance under this section shall not,
as a result of the assistance, be considered to be delinquent or
receiving debt forgiveness for purposes of receiving a direct or
guaranteed loan under this title.''.
SEC. 665. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED AND FREQUENT
MOBILIZATION OF RESERVISTS FOR ACTIVE DUTY SERVICE ON
RESERVIST INCOME.
(a) Survey of Mobilized Reservists to Determine Differential Between
Private Sector Income and Military Compensation.--(1) The Secretary of
Defense shall conduct a survey involving members of the reserve
components who serve, or have served, on active duty in support of a
contingency operation at any time during the period beginning on
September 11, 2001, and ending on September 30, 2005, to determine the
extent to which such members sustained a reduction in monthly income
during their period of active duty service compared to their average
monthly civilian income during the 12 months preceding their
mobilization.
(2) To the extent practicable, at least 50 percent of the total
number of members of the reserve components who have served on active
duty in support of a contingency operation at any time during the period
specified in paragraph (1) should be included in the survey. To
participate in the survey, a member shall agree to make available to the
Secretary such information as the Secretary may require to accurately
calculate the average monthly civilian income of the member.
(b) Calculation of Income Differential.--In the case of each member
participating in the survey under subsection (a) whose total monthly
military compensation during the active duty service of the member was
less, or appeared to be less, than the average monthly civilian income
of the member, the Secretary of Defense,
[[Page 118 STAT. 1976]]
in cooperation with the member, shall calculate the monthly active-duty
income differential for the member.
(c) Collection of Demographic Data.--The Secretary of Defense shall
collect demographic data regarding each member of a reserve component
who participates in the survey under subsection (a), including, at a
minimum, data on the following:
(1) Reserve component.
(2) Unit of assignment.
(3) Grade.
(4) Age.
(5) Years of service.
(6) Sex.
(7) Marital status.
(8) Number of dependents.
(9) General category of private-sector employment, as
determined by the Secretary, but to include an employment
category to cover members who are self-employed.
(10) Military occupational specialty, including specifying
all surveyed members who are serving in a critical wartime
specialty.
(11) Length of service on active duty during the most recent
mobilization.
(12) Number of times mobilized since September 11, 2001.
(d) Consideration of Average Monthly Reserve Service Income.--The
Secretary of Defense shall collect data to calculate the average monthly
reserve service income of members of the reserve components before their
mobilization, and consider such data by grade, general category of
military occupational specialty, and years of service. The Secretary
shall also consider the effect that the receipt of average monthly
reserve service income by reserve component members before mobilization
should have on any obligation of the United States to eliminate or at
least reduce the monthly active-duty income differential suffered by
members serving on active duty in support of a contingency operation.
(e) Effect of Income Loss on Retention.--The Secretary of Defense
shall include in the survey under subsection (a) a question intended to
solicit information from members of the reserve components participating
in the survey regarding the likely effect that a reoccurring monthly
active-duty income differential while serving on active duty would have
on their decision to remain in Armed Forces.
(f) Analysis of Survey Data.--(1) At a minimum, the Secretary of
Defense shall determine, for each variable listed in paragraphs (2)
through (12) of subsection (c), the number of members of the reserve
components surveyed under subsection (a) who sustained a monthly active-
duty income differential for any month during their active duty service
and compare and contrast that number with the number of members who did
not experience a monthly active-duty income differential.
(2) The Secretary shall also determine the average amount of the
active-duty income differential by reserve component for each variable
within the characteristics listed in paragraphs (2) through (12) of
subsection (c).
(g) Submission of <<NOTE: Deadlines. Reports.>> Survey Results and
Recommendations.--(1) Not later than January 31, 2006, the Secretary of
Defense shall submit to Congress and the Comptroller General a report
containing the results of the surveys conducted under subsection
[[Page 118 STAT. 1977]]
(a), including the results of the analysis of survey data required by
subsection (f). The Secretary shall include such recommendations as the
Secretary considers appropriate regarding alternatives for restoring
income lost by members of the reserve components who sustained a monthly
active-duty income differential during their active duty service.
(2) Not later than 90 days after receiving the report of the
Secretary of Defense submitted under paragraph (1), the Comptroller
General shall submit to Congress an assessment of the findings and
recommendations of the Secretary contained in the report.
(h) Definitions Used in Conducting Survey and Calculations.--In this
section:
(1) The term ``monthly active-duty income differential'',
with respect to a member of a reserve component who participates
in the survey under subsection (a), means the difference
between--
(A) the average monthly civilian income of the
member; and
(B) the total monthly military compensation of the
member during the active duty service of the member.
(2) The term ``total monthly military compensation'', with
respect to a member of a reserve component who participates in
the survey, means the amount, computed on a monthly basis, of
the sum of--
(A) the amount of the regular military compensation
(RMC), as defined in section 101(25) of title 37, United
States Code, of the member during the period specified
in subsection (a)(1); and
(B) any amount of special pay or incentive pay and
any allowance (other than an allowance included in
regular military compensation) that is paid to the
member on a monthly basis during the period specified in
subsection (a)(1).
(3) The term ``average monthly civilian income'', with
respect to a member of a reserve component who participates in
the survey, means the amount, determined by the Secretary of
Defense, of the earned income of the member for the 12 months
preceding the first mobilization of the member for active duty
service in support of a contingency operation during the period
specified in subsection (a)(1), divided by 12.
(4) The term ``average monthly reserve service income'',
with respect to a member of a reserve component who participates
in the survey, means the amount, determined by the Secretary of
Defense, of the regular military compensation, compensation
under section 206 of title 37, United States Code, and any
special pays and allowances referred to in paragraph (3)(B)
received by the member during the 12 months preceding the first
mobilization of the member for active duty service in support of
a contingency operation during the period specified in
subsection (a)(1), divided by 12.
SEC. 666. STUDY OF DISABILITY BENEFITS FOR VETERANS OF SERVICE IN THE
ARMED FORCES WITH SERVICE-CONNECTED DISABILITIES.
(a) Requirement for Study.--(1) The Secretary of Defense shall
conduct a study of the totality of all current and projected
[[Page 118 STAT. 1978]]
disability benefits that are available to disabled members and former
members of the Armed Forces for service-connected disabilities and, on
the basis of the results of such study, determine the adequacy of those
benefits.
(2) In carrying out the study, the Secretary shall--
(A) compare the disability benefits for members of the Armed
Forces with commercial and other private-sector disability
benefits plans that are provided for other persons in the United
States who are disabled by causes other than service in the
Armed Forces; and
(B) identify and assess the changes to Department of Defense
personnel policies needed to enhance the financial and
nonfinancial benefits that are provided to members and former
members of the Armed Forces for service-connected disabilities.
(b) Coordination.--In carrying out the study under subsection (a)
and preparing the report under subsection (c), the Secretary of Defense
shall--
(1) consult with the Secretary of Veterans Affairs and take
into consideration the veterans disability benefits programs
that are administered by the Secretary of Veterans Affairs; and
(2) consult with, and obtain the assistance of, the
Veterans' Disability Benefits Commission established under title
XV of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136; 117 Stat. 1676).
(c) Report.--Not later than 150 days after the date of the enactment
of this Act, the Secretary of Defense shall submit a report on the
results of the study under this section to the committees of Congress
specified in subsection (e). The report shall include the following:
(1) The Secretary's assessments, analyses, and conclusions
resulting from the study.
(2) Recommended legislation to address the deficiencies in
the system of Federal Government disability benefits for
disabled members and former members of the Armed Forces that are
identified in the course of the study.
(3) An estimate of the costs of improvements in the system
of disability benefits that are provided for in the recommended
legislation.
(d) GAO Study.--(1) The Comptroller General shall conduct a study to
identify the disability benefits that are payable under Federal, State,
and local laws for employees of the Federal Government, State
governments, and local governments. In carrying out the study, the
Comptroller General shall, to the extent feasible, pay particular
attention to the disability benefits that are provided for disabilities
incurred in the performance of jobs in which employees perform tasks
with risks that are analogous to the risks associated with the
performance of military tasks by members of the Armed Forces.
(2) <<NOTE: Deadline.>> Not later than November 1, 2005, the
Comptroller General shall submit a report on the results of the study
under paragraph (1) to the committees of Congress specified in
subsection (e).
(e) Recipients of Report.--The committees of Congress to which the
reports under subsections (d) and (e) are to be submitted are as
follows:
(1) The Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate.
[[Page 118 STAT. 1979]]
(2) The Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Enhanced Benefits for Reserves
Sec. 701. TRICARE coverage for members of reserve components who commit
to continued service in the Selected Reserve after release
from active duty.
Sec. 702. Comptroller General report on the cost and feasibility of
providing private health insurance stipends for members of
the Ready Reserves.
Sec. 703. Permanent earlier eligibility date for TRICARE benefits for
members of reserve components and their dependents.
Sec. 704. Waiver of certain deductibles under TRICARE program for
members on active duty for a period of more than 30 days.
Sec. 705. Authority for payment by United States of additional amounts
billed by health care providers to activated Reserves.
Sec. 706. Permanent extension of transitional health care benefits and
addition of requirement for preseparation physical
examination.
Subtitle B--Other Benefits Improvements
Sec. 711. Opportunity for young child dependent of deceased member to
become eligible for enrollment in a TRICARE dental plan.
Sec. 712. Comptroller General report on provision of health, education,
and support services for Exceptional Family Member Program
enrollees.
Sec. 713. Continuation of sub-acute care for transition period.
Sec. 714. Improvements to pharmacy benefits program
Sec. 715. Professional accreditation of military dentists.
Sec. 716. Temporary authority for waiver of collection of payments due
for CHAMPUS benefits received by disabled persons unaware of
loss of CHAMPUS eligibility.
Sec. 717. Services of marriage and family therapists.
Sec. 718. Chiropractic health care benefits advisory committee.
Subtitle C--Planning, Programming, and Management
Sec. 721. Pilot program for health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for
certain military disability retirees.
Sec. 723. Study of mental health services.
Sec. 724. Policy for timely notification of next of kin of members
seriously ill or injured in combat zones.
Sec. 725. Revised funding methodology for military retiree health care
benefits.
Sec. 726. Grounds for presidential waiver of requirement for informed
consent or option to refuse regarding administration of drugs
not approved for general use.
Sec. 727. TRICARE program regional directors.
Subtitle D--Medical Readiness Tracking and Health Surveillance
Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight
Committee.
Sec. 732. Medical readiness of Reserves.
Sec. 733. Baseline Health Data Collection Program.
Sec. 734. Medical care and tracking and health surveillance in the
theater of operations.
Sec. 735. Declassification of information on exposures to environmental
hazards.
Sec. 736. Report on training on environmental hazards.
Sec. 737. Uniform policy for meeting mobilization-related medical care
needs at military installations.
Sec. 738. Full implementation of Medical Readiness Tracking and Health
Surveillance Program and Force Health Protection and
Readiness Program.
Sec. 739. Reports and Internet accessibility relating to health matters.
[[Page 118 STAT. 1980]]
Subtitle A--Enhanced Benefits for Reserves
SEC. 701. TRICARE COVERAGE FOR MEMBERS OF RESERVE COMPONENTS WHO COMMIT
TO CONTINUED SERVICE IN THE SELECTED RESERVE AFTER RELEASE
FROM ACTIVE DUTY.
(a) Eligibility.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076c the following new section:
``Sec. 1076d. TRICARE program: coverage for members of reserve
components who commit to continued service in
the Selected Reserve after release from active
duty
``(a) Eligibility.--A member of the Selected Reserve of the Ready
Reserve of a reserve component of the armed forces is eligible for
health benefits under TRICARE Standard as provided in this section after
the member completes service on active duty to which the member was
called or ordered for a period of more than 30 days on or after
September 11, 2001, under a provision of law referred to in section
101(a)(13)(B), if the member--
``(1) served continuously on active duty for 90 or more days
pursuant to such call or order; and
``(2) on or before the date of the release from such active-
duty service, entered into an agreement with the Secretary
concerned to serve continuously in the Selected Reserve for a
period of one or more whole years following such date.
``(b) Period of Coverage.--(1) TRICARE Standard coverage of a member
under this section, on the basis of active-duty service performed as
described in subsection (a), begins upon the expiration of the member's
entitlement to care and benefits under section 1145(a) of this title
that is based on the same active-duty service.
``(2) Unless earlier terminated under paragraph (3), the period for
TRICARE Standard coverage of a member under this section shall be equal
to the lesser of--
``(A) one year, in the case of a member who is otherwise
eligible but does not serve continuously on active duty for 90
days as described in subsection (a) because of an injury,
illness, or disease incurred or aggravated while deployed;
``(B) one year for each consecutive period of 90 days of
continuous active-duty service described in subsection (a); or
``(C) the number of whole years for which the member agrees
under paragraph (2) of such subsection to continue to serve in
the Selected Reserve after the coverage begins.
``(3) Eligibility for TRICARE Standard coverage of a member under
this section shall terminate upon the termination of the member's
service in the Selected Reserve.
``(c) Family Members.--While a member of a reserve component is
covered by TRICARE Standard under the section, the members of the
immediate family of such member are eligible for TRICARE Standard
coverage as dependents of the member.
``(d) Premiums.--(1) A member of a reserve component covered by
TRICARE Standard under this section shall pay a premium for that
coverage.
[[Page 118 STAT. 1981]]
``(2) The Secretary of Defense shall prescribe for the purposes of
this section one premium for TRICARE Standard coverage of members
without dependents and one premium for TRICARE Standard coverage of
members with dependents referred to in subsection (f)(1). The premium
prescribed for a coverage shall apply uniformly to all covered members
of the reserve components.
``(3) The monthly amount of the premium in effect for a month for
TRICARE Standard coverage under this section shall be the amount equal
to 28 percent of the total monthly amount that the Secretary determines
on an appropriate actuarial basis as being reasonable for that coverage.
``(4) The premiums payable by a member of a reserve component under
this subsection may be deducted and withheld from basic pay payable to
the member under section 204 of title 37 or from compensation payable to
the member under section 206 of such title. The Secretary shall
prescribe the requirements and procedures applicable to the payment of
premiums.
``(5) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.
``(e) Relationship of Service Agreement to Other Service
Commitments.--The service agreement required of a member of a reserve
component under subsection (a)(2) is separate from any other form of
commitment of the member to a period of obligated service in that
reserve component and may cover any part or all of the same period that
is covered by another commitment of the member to a period of obligated
service in that reserve component.
``(f) Definitions.--In this section:
``(1) The term `immediate family', with respect to a member
of a reserve component, means all of the member's dependents
described in subparagraphs (A), (D), and (I) of section 1072(2)
of this title.
``(2) The term `TRICARE Standard' means the Civilian Health
and Medical Program of the Uniformed Services option under the
TRICARE program.
``(g) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for the
administration of this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1076c the
following new item:
``1076d. TRICARE program: coverage for members of reserve components who
commit to continued service in the Selected Reserve after
release from active duty.''.
(b) Implementation.--(1) The <<NOTE: Deadline. 10 USC 1076d
note.>> Secretary of Defense shall implement section 1076d of title 10,
United States Code, not later than 180 days after the date of the
enactment of this Act.
(2)(A) A member of a reserve component of the Armed Forces who
performed active-duty service described in subsection (a) of section
1076d of title 10, United States Code, for a period beginning on or
after September 11, 2001, and was released from that active-duty service
before the date of the enactment of this Act, or is released from that
active-duty service on or within 180 days after
[[Page 118 STAT. 1982]]
the date of the enactment of this Act, may, for the purpose of paragraph
(2) of such subsection, enter into an agreement described in such
paragraph not later than one year after the date of the enactment of
this Act. TRICARE Standard coverage (under such section 1076d) of a
member who enters into such an agreement under this paragraph shall
begin on the later of--
(i) the date applicable to the member under subsection (b)
of such section; or
(ii) the date of the agreement.
(B) The Secretary of Defense shall take such action as is necessary
to ensure, to the maximum extent practicable, that members of the
reserve components eligible to enter into an agreement as provided in
subparagraph (A) actually receive information on the opportunity and
procedures for entering into such an agreement together with a clear
explanation of the benefits that the members are eligible to receive as
a result of entering into such an agreement under section 1076d of title
10, United States Code.
SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST AND FEASIBILITY OF
PROVIDING PRIVATE HEALTH INSURANCE STIPENDS FOR MEMBERS OF
THE READY RESERVES.
(a) Study Required.--The Comptroller General shall conduct a study
on the cost and feasibility of providing a stipend to members of the
Ready Reserves to offset the cost of continuing private health insurance
coverage for the members' dependents when the members are on active duty
for periods of more than 30 days, with the dependents being ineligible
to enroll in the TRICARE program and payment of the stipend ending when
the members are no longer on active duty.
(b) Matters Covered.--The study shall include the following matters:
(1) Recommendation for a benefit amount and cost to the
Department of Defense.
(2) Potential effects on medical readiness, recruitment, and
retention.
(3) The extent to which the Reserves and members of their
families might participate under the stipend program.
(4) Administrative and management considerations for the
Department of Defense.
(5) Impact of pre-existing conditions on continuity of care
for dependents.
(6) Possible implications for employers.
(c) Report.--Not later than March 31, 2005, the Comptroller General
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
containing the results of the study under this section.
SEC. 703. PERMANENT EARLIER ELIGIBILITY DATE FOR TRICARE BENEFITS FOR
MEMBERS OF RESERVE COMPONENTS AND THEIR DEPENDENTS.
Section 1074(d) of title 10, United States Code, is amended by
striking paragraph (3).
[[Page 118 STAT. 1983]]
SEC. 704. WAIVER OF CERTAIN DEDUCTIBLES UNDER TRICARE PROGRAM FOR
MEMBERS ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS.
Section 1095d(a) of title 10, United States Code, is amended by
striking ``less than one year'' both places it appears and inserting
``more than 30 days''.
SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF ADDITIONAL AMOUNTS
BILLED BY HEALTH CARE PROVIDERS TO ACTIVATED RESERVES.
Section 1079(h) of title 10, United States Code, is amended by
adding at the end of paragraph (4) the following new subparagraph:
``(C)(i) In the case of a dependent described in clause (ii), the
regulations shall provide that, in addition to amounts otherwise payable
by the United States, the Secretary may pay the amount referred to in
subparagraph (B)(i).
``(ii) This subparagraph applies to a dependent referred to in
subsection (a) of a member of a reserve component serving on active duty
pursuant to a call or order to active duty for a period of more than 30
days in support of a contingency operation under a provision of law
referred to in section 101(a)(13)(B) of this title.''.
SEC. 706. PERMANENT EXTENSION OF TRANSITIONAL HEALTH CARE BENEFITS AND
ADDITION OF REQUIREMENT FOR PRESEPARATION PHYSICAL
EXAMINATION.
(a) Permanent Requirement.--(1) Paragraph (3) of section 1145(a) of
title 10, United States Code, is amended to read as follows:
``(3) Transitional health care for a member under subsection (a)
shall be available for 180 days beginning on the date on which the
member is separated from active duty.''.
(2) The following provisions of law are repealed:
(A) Section 704 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1527; 10
U.S.C. 1145 note).
(B) Section 1117 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1218;
10 U.S.C. 1145 note).
(3) Paragraph (1) of such section 1145(a) is amended by striking
``applicable''.
(b) Requirement for Physical Examination.--Such section 1145(a), as
amended by subsection (a), is further amended by adding at the end the
following new paragraph:
``(4)(A) The Secretary concerned shall require a member of the armed
forces scheduled to be separated from active duty as described in
paragraph (2) to undergo a physical examination immediately before that
separation. <<NOTE: Regulations.>> The physical examination shall be
conducted in accordance with regulations prescribed by the Secretary of
Defense.
``(B) Notwithstanding subparagraph (A), if a member of the armed
forces scheduled to be separated from active duty as described in
paragraph (2) has otherwise undergone a physical examination within 12
months before the scheduled date of separation from active duty, the
requirement for a physical examination
[[Page 118 STAT. 1984]]
under subparagraph (A) may be waived in accordance with regulations
prescribed under this paragraph. Such regulations shall require that
such a waiver may be granted only with the consent of the member and
with the concurrence of the member's unit commander.''.
Subtitle B--Other Benefits Improvements
SEC. 711. OPPORTUNITY FOR YOUNG CHILD DEPENDENT OF DECEASED MEMBER TO
BECOME ELIGIBLE FOR ENROLLMENT IN A TRICARE DENTAL PLAN.
Section 1076a(k)(2) of title 10, United States Code, is amended--
(1) by striking ``under subsection (a) or'' and inserting
``under subsection (a),''; and
(2) by inserting after ``under subsection (f),'' the
following: ``or is not enrolled because the dependent is a child
under the minimum age for enrollment,''.
SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF HEALTH, EDUCATION,
AND SUPPORT SERVICES FOR EXCEPTIONAL FAMILY MEMBER PROGRAM
ENROLLEES.
(a) Evaluation Requirement.--The Comptroller General shall evaluate
the effect of the Exceptional Family Member Program (in this section
referred to as ``EFMP'') on health, education, and support services in
selected civilian communities near military installations with a high
concentration of EFMP enrollees.
(b) Matters Covered.--The evaluation under subsection (a) shall
include a discussion of the following:
(1) Communities that have high concentrations of EFMP
enrollees that use State and local health, education, and
support services.
(2) Needs of EFMP enrollees, if any, that are not met by
State and local health, education, and support services.
(3) The burdens, financial and otherwise, placed on State
and local health, education, and support services by EFMP
enrollees and their families.
(4) The ability of the TRICARE program to meet the needs of
EFMP enrollees and their families.
(5) Reasons for any limitations of the TRICARE program, the
EFMP, and State and local health, education, and support
services in providing assistance to EFMP enrollees and their
families.
(6) Recommendations for more effectively meeting the needs
of EFMP enrollees and their families.
(c) Communities Covered.--The evaluation under subsection (a) shall
examine no fewer than four civilian communities, as determined by the
Comptroller General, that have high concentrations of EFMP enrollees and
that are near several military installations, including at least two
military installations with tenants from more than one of the Armed
Forces.
(d) Definitions.--In this section:
(1) The term ``health, education, and support services''
means services provided to children and other dependents with
special needs, including specialized day care, mental health
[[Page 118 STAT. 1985]]
day treatment services, respite services, counseling, early
childhood intervention, special education, and other such
services provided for children and other dependents with special
needs.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
(e) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the results of the evaluation required under subsection (a),
including findings and recommendations.
SEC. 713. CONTINUATION OF SUB-ACUTE CARE FOR TRANSITION PERIOD.
Section 1074j(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The Secretary of Defense may take such actions as are
necessary to ensure that there is an effective transition in the
furnishing of part-time or intermittent home health care benefits for
covered beneficiaries who were receiving such benefits before the
establishment of the program under this section. The actions taken under
this paragraph may include the continuation of such benefits on an
extended basis for such time as the Secretary determines appropriate.''.
SEC. 714. IMPROVEMENTS TO PHARMACY BENEFITS PROGRAM.
(a) Requirement Relating to Prescription Drug Benefits for Medicare-
Eligible Enrollees.--Section 1074g(a)(6) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(6)''; and
(2) by adding at the end the following:
``(B) For a medicare-eligible beneficiary, the cost-sharing
requirements may not be in excess of the cost-sharing requirements
applicable to all other beneficiaries covered by section 1086 of this
title. For purposes of the preceding sentence, a medicare-eligible
beneficiary is a beneficiary eligible for health benefits under section
1086 of this title pursuant to subsection (d)(2) of such section.''.
(b) Improvement to Uniform Formulary Process.--Section
1074g(a)(2)(E)(i) of such title is amended by inserting before the
semicolon the following: ``and additional determinations by the Pharmacy
and Therapeutics Committee of the relative clinical and cost
effectiveness of the agents''.
SEC. 715. PROFESSIONAL ACCREDITATION OF MILITARY DENTISTS.
Section 1077(c) of title 10, United States Code, is amended--
(1) by striking ``A'' and inserting ``(1) Except as
specified in paragraph (2), a''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Dependents who are 12 years of age or younger and are
covered by a dental plan established under section 1076a of this title
may be treated by postgraduate dental residents in a dental treatment
facility of the uniformed services under a graduate dental education
program accredited by the American Dental Association if--
``(i) treatment of pediatric dental patients is necessary in
order to satisfy an accreditation standard of the American
Dental Association that is applicable to such program, or
training in pediatric dental care is necessary for the residents
[[Page 118 STAT. 1986]]
to be professionally qualified to provide dental care for
dependent children accompanying members of the uniformed
services outside the United States; and
``(ii) the number of pediatric patients at such facility is
insufficient to support satisfaction of the accreditation or
professional requirements in pediatric dental care that apply to
such program or students.
``(B) The total number of dependents treated in all facilities of
the uniformed services under subparagraph (A) in a fiscal year may not
exceed 2,000.''.
SEC. 716. <<NOTE: 10 USC 1086 note.>> TEMPORARY AUTHORITY FOR WAIVER OF
COLLECTION OF PAYMENTS DUE FOR CHAMPUS BENEFITS RECEIVED BY
DISABLED PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.
(a) Authority To Waive Debt.--(1) The Secretary of Defense, in
consultation with the other administering Secretaries, may waive (in
whole or in part) the collection of payments otherwise due from a person
described in subsection (b) for health benefits received by such person
under section 1086 of title 10, United States Code, after the
termination of that person's eligibility for such benefits.
(2) If the Secretary of Defense waives collection of payments from a
person under paragraph (1), the Secretary may also authorize a
continuation of benefits for such person under such section 1086 for a
period ending not later than the end of the period specified in
subsection (c) of this section.
(b) Eligible Persons.--A person is eligible for relief under
subsection (a)(1) if--
(1) the person is described in paragraph (1) of subsection
(d) of section 1086 of title 10, United States Code;
(2) except for such paragraph, the person would have been
eligible for the health benefits under such section; and
(3) at the time of the receipt of such benefits--
(A) the person satisfied the criteria specified in
paragraph (2)(B) of such subsection (d); and
(B) the person was unaware of the loss of
eligibility to receive the health benefits.
(c) Period of Applicability.--The authority provided under this
section to waive collection of payments and to continue benefits shall
apply, under terms and conditions prescribed by the Secretary of
Defense, to health benefits provided under section 1086 of title 10,
United States Code, during the period beginning on July 1, 1999, and
ending at the end of December 31, 2004.
(d) Administering Secretaries.--In this subsection, the term
``administering Secretaries'' has the meaning given such term in section
1072(3) of title 10, United States Code.
SEC. 717. SERVICES OF MARRIAGE AND FAMILY THERAPISTS.
(a) Authority To Enter Into Personal Services Contracts.--Section
704(c)(2) of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2799; 10 U.S.C. 1091 note) is amended by
inserting ``marriage and family therapists certified as such by a
certification recognized by the Secretary of Defense,'' after
``psychologists,''.
(b) Applicability of Licensure Requirement for Health-Care
Professionals.--Section 1094(e)(2) of title 10, United States
[[Page 118 STAT. 1987]]
Code, is amended by inserting ``marriage and family therapist certified
as such by a certification recognized by the Secretary of Defense,''
after ``psychologist,''.
SEC. 718. <<NOTE: 10 USC 1092 note.>> CHIROPRACTIC HEALTH CARE BENEFITS
ADVISORY COMMITTEE.
(a) Establishment.--Not <<NOTE: Deadline.>> later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall establish an oversight advisory committee to provide the Secretary
with advice and recommendations regarding the continued development and
implementation of an effective program of chiropractic health care
benefits for members of the uniformed services on active duty.
(b) Membership.--The advisory committee shall be composed of members
selected from among persons who, by reason of education, training, and
experience, are experts in chiropractic health care, as follows:
(1) Members appointed by the Secretary of Defense in such
number as the Secretary determines appropriate for carrying out
the duties of the advisory committee effectively, including not
fewer than three practicing representatives of the chiropractic
health care profession.
(2) A representative of each of the uniformed services, as
designated by the administering Secretary concerned.
(c) Chairman.--The Secretary of Defense shall designate one member
of the advisory committee to serve as the Chairman of the advisory
committee.
(d) Meetings.--The advisory committee shall meet at the call of the
Chairman, but not fewer than three times each fiscal year, beginning in
fiscal year 2005.
(e) Duties.--The advisory committee shall have the following duties:
(1) Review and evaluate the program of chiropractic health
care benefits provided to members of the uniformed services on
active duty under chapter 55 of title 10, United States Code.
(2) Provide the Secretary of Defense with advice and
recommendations as described in subsection (a).
(3) Upon the Secretary's determination that the program of
chiropractic health care benefits referred to in paragraph (1)
has been fully implemented, prepare and submit to the Secretary
a report containing the advisory committee's evaluation of the
implementation of such program.
(f) Report.--The Secretary of Defense, following receipt of the
report by the advisory committee under subsection (e)(3), shall submit
to the Committees on Armed Services of the Senate and of the House of
Representatives a report containing the following:
(1) A copy of the advisory committee report, together with
the Secretary's comments on the report.
(2) An explanation of the criteria and rationale that the
Secretary used to determine that the program of chiropractic
health care benefits was fully implemented.
(3) The Secretary's views with regard to the future
implementation of the program of chiropractic health care
benefits.
(g) Applicability of Temporary Organizations Law.--(1) Section 3161
of title 5, United States Code, shall apply to the advisory committee
under this section.
[[Page 118 STAT. 1988]]
(2) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the oversight advisory committee under this section.
(h) Termination.--The advisory committee shall terminate 90 days
after the date on which the Secretary submits the report under
subsection (f).
Subtitle C--Planning, Programming, and Management
SEC. 721. <<NOTE: 10 USC 1092 note.>> PILOT PROGRAM FOR HEALTH CARE
DELIVERY.
(a) Pilot Program.--The Secretary of Defense may conduct a pilot
program at two or more military installations for purposes of testing
initiatives that build cooperative health care arrangements and
agreements between military installations and local and regional non-
military health care systems.
(b) Requirements of Pilot Program.--In conducting the pilot program,
the Secretary of Defense shall--
(1) identify and analyze health care delivery options
involving the private sector and health care services in
military facilities located on the installation;
(2) determine the cost avoidance or savings resulting from
innovative partnerships between the Department of Defense and
the private sector;
(3) study the potential, viability, cost efficiency, and
health care effectiveness of Department of Defense health care
providers delivering health care in civilian community
hospitals; and
(4) determine the opportunities for and barriers to
coordinating and leveraging the use of existing health care
resources, including Federal, State, local, and contractor
assets.
(c) Consultation Requirements.--The Secretary of Defense shall
develop the pilot program in consultation with the Secretaries of the
military departments, representatives from the military installation
selected for the pilot program, Federal, State, and local entities, and
the TRICARE managed care support contractor with responsibility for that
installation.
(d) Selection of Military Installation.--The pilot program may be
implemented at two or more military installations selected by the
Secretary of Defense. At least one of the selected military
installations shall meet the following criteria:
(1) The military installation has members of the Armed
Forces on active duty and members of reserve components of the
Armed Forces that use the installation as a training and
operational base, with members routinely deploying in support of
the global war on terrorism.
(2) The number of members of the Armed Forces on active duty
permanently assigned to the military installation is expected to
increase over the next five years.
(3) One or more cooperative arrangements exist at the
military installation with civilian health care entities in the
form of specialty care services in the military medical
treatment facility on the installation.
(4) There is a military treatment facility on the
installation that does not have inpatient or trauma center care
capabilities.
(5) There is a civilian community hospital near the military
installation with--
[[Page 118 STAT. 1989]]
(A) limited capability to expand inpatient care
beds, intensive care, and specialty services; and
(B) limited or no capability to provide trauma care.
(e) Duration of Pilot Program.--Implementation of the pilot program
developed under this section shall begin not later than May 1, 2005, and
shall be conducted during fiscal years 2005, 2006, and 2007.
(f) Reports.--With respect to any pilot program conducted under this
section, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and of the House of Representatives--
(1) an interim report on the program, not later than 60 days
after commencement of the program; and
(2) a final report describing the results of the program
with recommendations for a model health care delivery system for
other military installations, not later than July 1, 2007.
SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSEMENT TO HOSPITALS FOR
CERTAIN MILITARY DISABILITY RETIREES.
(a) Study.--The Secretary of Defense shall conduct a study of the
feasibility, and of the desirability, of providing that a member of the
uniformed services retired under chapter 61 of title 10, United States
Code, shall be provided reimbursement for the travel expenses of such
member for travel, during the two-year period beginning on the date of
the retirement of the member, to a military treatment facility for
medical care. The Secretary shall include in that study consideration of
whether reimbursement under such a plan should, as nearly as
practicable, be under the same terms and conditions, and at the same
rate, as apply to beneficiary travel reimbursement provided by the
Secretary of Veterans Affairs under section 111 of title 38, United
States Code.
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report providing the results of the
study under subsection (a). Such report shall be submitted not later
than March 1, 2005.
SEC. 723. STUDY OF MENTAL HEALTH SERVICES.
(a) Study Required.--The Comptroller General shall conduct a study
of mental health services available to members of the Armed Forces.
(b) Persons Covered.--The study shall evaluate the availability and
effectiveness of existing mental health treatment and screening
resources--
(1) for members of the Armed Forces during a deployment to a
combat theater;
(2) for members of the Armed Forces returning from a
deployment to a combat theater, both--
(A) in the short-term, post-deployment period; and
(B) in the long-term, following the post-deployment
period;
(3) for the families of members of the Armed Forces who have
been deployed to a combat theater during the time of the
deployment;
(4) for the families of members of the Armed Forces who have
been deployed to a combat theater after the member has returned
from the deployment; and
[[Page 118 STAT. 1990]]
(5) for members of the Armed Forces and their families
described in this subsection who are members of reserve
components.
(c) Assessment of Obstacles.--The study shall provide an assessment
of existing obstacles that prevent members of the Armed Forces and
military families in need of mental health services from obtaining these
services, including--
(1) the extent to which existing confidentiality
regulations, or lack thereof, inhibit members of the Armed
Forces from seeking mental health treatment;
(2) the implications that a decision to seek mental health
services can have on a military career;
(3) the extent to which a social stigma exists within the
Armed Forces that prevents members of the Armed Forces and
military families from seeking mental health treatment within
the Department of Defense and the individual Armed Forces;
(4) the extent to which logistical obstacles, particularly
with respect to members of the Armed Forces and families
residing in rural areas, deter members in need of mental health
services from obtaining them; and
(5) the extent to which members of the Armed Forces and
their families are prevented or hampered from obtaining mental
health treatment due to the cost of such services.
(d) Identification of Problems Unique to Reserves.--The study shall
identify potential problems in obtaining mental health treatment that
are unique to members of Reserve components.
(e) Report.--The Comptroller General shall submit to Congress a
report on the study conducted under this section not later than March
31, 2005. The report shall contain the results of the study and make
specific recommendations--
(1) for improving the effectiveness and accessibility of
mental health services provided by Department of Defense to the
persons listed in subsection (b), including recommendations to
ensure appropriate referrals and a seamless transition to the
care of the Department of Veterans Affairs following separation
from the Armed Forces; and
(2) for removing or mitigating any obstacles identified
under subsection (c) and problems identified under subsection
(d).
SEC. 724. <<NOTE: 10 USC 113 note.>> POLICY FOR TIMELY NOTIFICATION OF
NEXT OF KIN OF MEMBERS SERIOUSLY ILL OR INJURED IN COMBAT
ZONES.
(a) Policy Required.--The Secretary of Defense shall prescribe the
policy of the Department of Defense for providing, in the case of the
serious illness or injury of a member of the Armed Forces in a combat
zone, timely notification to the next of kin of the member regarding the
illness or injury, including information on the condition of the member
and the location at which the member is receiving treatment. In
prescribing the policy, the Secretary shall ensure respect for the
expressed desires of individual members of the Armed Forces regarding
the notification of next of kin and shall include standards of
timeliness for both the initial notification of next of kin under the
policy and subsequent updates regarding the condition and location of
the member.
[[Page 118 STAT. 1991]]
(b) Submission of Policy.--Not <<NOTE: Deadline.>> later than 120
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a copy of the policy.
SEC. 725. REVISED FUNDING METHODOLOGY FOR MILITARY RETIREE HEALTH CARE
BENEFITS.
(a) Revision.--Section 1116 of title 10, United States Code, is
amended to read as follows:
``Sec. 1116. Payments into the Fund
``(a) At the beginning of each fiscal year after September 30, 2005,
the Secretary of the Treasury shall promptly pay into the Fund from the
General Fund of the Treasury--
``(1) the amount certified to the Secretary by the Secretary
of Defense under subsection (c), which shall be the contribution
to the Fund for that fiscal year required by section 1115; and
``(2) the amount determined by each administering Secretary
under section 1111(c) as the contribution to the Fund on behalf
of the members of the uniformed services under the jurisdiction
of that Secretary.
``(b) At the beginning of each fiscal year, the Secretary of Defense
shall determine the sum of the following:
``(1) The amount of the payment for that year under the
amortization schedule determined by the Board of Actuaries under
section 1115(a) of this title for the amortization of the
original unfunded liability of the Fund.
``(2) The amount (including any negative amount) of the
Department of Defense contribution for that year as determined
by the Secretary of Defense under section 1115(b) of this title.
``(3) The amount (including any negative amount) for that
year under the most recent amortization schedule determined by
the Secretary of Defense under section 1115(c)(2) of this title
for the amortization of any cumulative unfunded liability (or
any gain) to the Fund resulting from changes in benefits.
`(4) The amount (including any negative amount) for that
year under the most recent amortization schedule determined by
the Secretary of Defense under section 1115(c)(3) of this title
for the amortization of any cumulative actuarial gain or loss to
the Fund resulting from actuarial assumption changes.
``(5) The amount (including any negative amount) for that
year under the most recent amortization schedule determined by
the Secretary of Defense under section 1115(c)(4) of this title
for the amortization of any cumulative actuarial gain or loss to
the Fund resulting from actuarial experience.
``(c) The Secretary of Defense shall promptly certify the amount
determined under subsection (b) each year to the Secretary of the
Treasury.
``(d) At the same time as the Secretary of Defense makes the
certification under subsection (c), the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the information provided to the Secretary of the
Treasury under that subsection.''.
(b) Sense of Congress.--It is the sense of Congress that any
unsubscribed discretionary budget authority that accrues within the
national defense budget function as a result of the
[[Page 118 STAT. 1992]]
amendments made by this section shall be applied to cover the unbudgeted
costs of--
(1) increases in Army end strengths and modularization;
(2) increases in Marine Corps end strengths and necessary
equipment; and
(3) Navy shipbuilding requirements.
(c) Conforming Amendments.--(1) Section 1111(c) of title 10, United
States Code, is amended in the last sentence by striking ``1116'' and
all that follows through the end of the sentence and inserting ``1115(b)
of this title, and such contributions shall be paid into the Fund as
provided in section 1116(a).''.
(2) Section 1115(a) of such title is amended by striking ``1116(c)''
and inserting ``1116''.
(3) Section 1115(b) of such title is amended--
(A) by striking ``(1) The Secretary of Defense'' and all
that follows through ``of this title.'' and inserting ``The
Secretary of Defense shall determine, before the beginning of
each fiscal year after September 30, 2005, the total amount of
the Department of Defense contribution to be made to the Fund
for that fiscal year for purposes of section 1116(b)(2).'';
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively;
(D) in each of paragraphs (1) and (2), as so redesignated,
by redesignating clauses (i) and (ii) as subparagraphs (A) and
(B), respectively; and
(E) in paragraph (2)(B), as so redesignated, by striking
``subparagraph (A)(ii)'' and inserting ``paragraph (1)(B)''.
(4) Section 1115(c)(1) of such title is amended by striking ``and
section 1116(a) of this title''.
(5) Section 1115(c)(5) of such title is amended by striking
``1116(c)'' and inserting ``1116''.
(d) Effective Date.--The <<NOTE: 10 USC 1111 note.>> amendments made
by this section shall take effect on October 1, 2005.
SEC. 726. GROUNDS FOR PRESIDENTIAL WAIVER OF REQUIREMENT FOR INFORMED
CONSENT OR OPTION TO REFUSE REGARDING ADMINISTRATION OF
DRUGS NOT APPROVED FOR GENERAL USE.
(a) Investigational New Drugs.--Section 1107(f) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking ``obtaining consent--''
and all that follows through ``(C) is'' and inserting
``obtaining consent is''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) The waiver authority provided in paragraph (1) shall not be
construed to apply to any case other than a case in which prior consent
for administration of a particular drug is required by reason of a
determination by the Secretary of Health and Human Services that such
drug is subject to the investigational new drug requirements of section
505(i) of the Federal Food, Drug, and Cosmetic Act.''.
(b) Emergency Use Drugs.--Section 1107a(a) of such title is
amended--
(1) by inserting ``(A)'' after ``President.--(1)'';
[[Page 118 STAT. 1993]]
(2) by striking ``is not feasible,'' and all that follows
through ``members affected, or''; and
(3) by adding at the end the following new subparagraph:
``(B) The waiver authority provided in subparagraph (A) shall not be
construed to apply to any case other than a case in which an individual
is required to be informed of an option to accept or refuse
administration of a particular product by reason of a determination by
the Secretary of Health and Human Services that emergency use of such
product is authorized under section 564 of the Federal Food, Drug, and
Cosmetic Act.''.
SEC. 727. TRICARE PROGRAM REGIONAL DIRECTORS.
(a) Recommendations for Selection Process for TRICARE Program
Regional Directors.--(1) The Secretary of Defense shall develop
recommendations for a process for the selection of regional directors
for TRICARE program administrative regions from among nominees and
applicants for the position in accordance with this section.
(2) The recommendations developed under paragraph (1) shall provide
for a process for--
(A) the Secretary of each military department to nominate,
for each regional director position, one commissioned officer in
a grade above colonel, or, in the case of the Navy, captain, or
member of the Senior Executive Service under the jurisdiction of
that Secretary; and
(B) the Secretary of Defense to accept applications for
assignment or appointment to each such position from any other
qualified person.
(3) The recommendations developed under paragraph (1) shall also
include recommendations with respect to--
(A) the qualifications for regional directors;
(B) the period of assignment of a commissioned officer as a
regional director;
(C) procedures for ensuring that fair consideration is given
to each nominee and each applicant; and
(D) such other requirements as considered appropriate by the
Secretary.
(b) Report.--Not later than March 1, 2005, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a report containing the recommendations developed by
the Secretary under subsection (a).
Subtitle D--Medical Readiness Tracking and Health Surveillance
SEC. 731. <<NOTE: 10 USC 1074 note.>> MEDICAL READINESS PLAN AND JOINT
MEDICAL READINESS OVERSIGHT COMMITTEE.
(a) Requirement for Plan.--The Secretary of Defense shall develop a
comprehensive plan to improve medical readiness, and Department of
Defense tracking of the health status, of members of the Armed Forces
throughout their service in the Armed Forces, and to strengthen medical
readiness and tracking before, during, and after deployment of members
of the Armed Forces overseas. The matters covered by the comprehensive
plan shall include all elements that are described in this title and the
amendments made by this title and shall comply with requirements in law.
[[Page 118 STAT. 1994]]
(b) Joint Medical Readiness Oversight Committee.--
(1) Establishment.--The Secretary of Defense shall establish
a Joint Medical Readiness Oversight Committee.
(2) Composition.--The members of the Committee are as
follows:
(A) The Under Secretary of Defense for Personnel and
Readiness, who shall chair the Committee.
(B) The Vice Chief of Staff of the Army, the Vice
Chief of Naval Operations, the Vice Chief of Staff of
the Air Force, and the Assistant Commandant of the
Marine Corp.
(C) The Assistant Secretary of Defense for Health
Affairs.
(D) The Assistant Secretary of Defense for Reserve
Affairs.
(E) The Surgeon General of each of the Army, the
Navy, and the Air Force.
(F) The Assistant Secretary of the Army for Manpower
and Reserve Affairs.
(G) The Assistant Secretary of the Navy for Manpower
and Reserve Affairs.
(H) The Assistant Secretary of the Air Force for
Manpower, Reserve Affairs, Installations, and
Environment.
(I) The Chief of the National Guard Bureau.
(J) The Chief of Army Reserve.
(K) The Chief of Naval Reserve.
(L) The Chief of Air Force Reserve.
(M) The Commander, Marine Corps Reserve.
(N) The Director of the Defense Manpower Data
Center.
(O) A representative of the Department of Veterans
Affairs designated by the Secretary of Veterans Affairs.
(3) Duties.--The duties of the Committee are as follows:
(A) To advise the Secretary of Defense on the
medical readiness and health status of the members of
the active and reserve components of the Armed Forces.
(B) To advise the Secretary of Defense on the
compliance of the Armed Forces with the medical
readiness tracking and health surveillance policies of
the Department of Defense.
(C) To oversee the development and implementation of
the comprehensive plan required by subsection (a) and
the actions required by this title and the amendments
made by this title, including with respect to matters
relating to--
(i) the health status of the members of the
reserve components of the Armed Forces;
(ii) accountability for medical readiness;
(iii) medical tracking and health
surveillance;
(iv) declassification of information on
environmental hazards;
(v) postdeployment health care for members of
the Armed Forces; and
(vi) compliance with Department of Defense and
other applicable policies on blood serum
repositories.
(D) To ensure unity and integration of efforts
across functional and organizational lines within the
Department
[[Page 118 STAT. 1995]]
of Defense with regard to medical readiness tracking and
health surveillance of members of the Armed Forces.
(E) To establish and monitor compliance with the
medical readiness standards that are applicable to
members and those that are applicable to units.
(F) To improve continuity of care in coordination
with the Secretary of Veterans Affairs, for members of
the Armed Forces separating from active service with
service-connected medical conditions.
(4) First meeting.--The <<NOTE: Deadline.>> first meeting of
the Committee shall be held not later than 120 days after the
date of the enactment of this Act.
(c) Annual Report.--
(1) In general.--In addition to the duties described in
subsection (b)(3), the Committee shall prepare and submit to the
Secretary of Defense and to the Committees on Armed Services of
the Senate and the House of Representatives, not later than
February 1 of each year, a report on--
(A) the health status and medical readiness of the
members of the Armed Forces, including the members of
reserve components, based on the comprehensive plan
required under subsection (a) and the actions required
by this title and the amendments made by this title; and
(B) compliance with Department of Defense policies
on medical readiness tracking and health surveillance.
(2) Opportunity for comment.--Each year, before the
Committee submits to Congress the report required under
paragraph (1), the Secretary of Defense shall provide an
opportunity for representatives of veterans and military health
advocacy organizations, and others the Secretary of Defense
considers appropriate, to comment on the report. The report
submitted to Congress shall include a summary of the comments
received and the Secretary's response to them.
SEC. 732. MEDICAL READINESS OF RESERVES.
(a) Comptroller General Study of Health of Reserves Ordered to
Active Duty for Operations Enduring Freedom and Iraqi Freedom.--
(1) Requirement for study.--The Comptroller General shall
carry out a study of the health of the members of the reserve
components of the Armed Forces who have been called or ordered
to active duty for a period of more than 30 days in support of
Operation Enduring Freedom and Operation Iraqi
Freedom. <<NOTE: Deadline.>> The Comptroller General shall
commence the study not later than 180 days after the date of the
enactment of this Act.
(2) Purposes.--The purposes of the study under this
subsection are as follows:
(A) To review the health status and medical fitness
of the activated Reserves when they were called or
ordered to active duty.
(B) To review the effects, if any, on logistics
planning and the deployment schedules for the operations
referred to in paragraph (1) that resulted from
deficiencies in the health or medical fitness of
activated Reserves.
(C) To review compliance of military personnel with
Department of Defense policies on medical and physical
[[Page 118 STAT. 1996]]
fitness examinations and assessments that are applicable
to the reserve components of the Armed Forces.
(3) Report.--The Comptroller General shall, not later than
one year after the date of the enactment of this Act, submit a
report on the results of the study under this subsection to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the following matters:
(A) With respect to the matters reviewed under
subparagraph (A) of paragraph (2)--
(i) the percentage of activated Reserves who
were determined to be medically unfit for
deployment, together with an analysis of the
reasons why the member was unfit, including
medical illnesses or conditions most commonly
found among the activated Reserves that were
grounds for determinations of medical unfitness
for deployment; and
(ii) the percentage of the activated Reserves
who, before being deployed, needed medical care
for health conditions identified when called or
ordered to active duty, together with an analysis
of the types of care that were provided for such
conditions and the reasons why such care was
necessary.
(B) With respect to the matters reviewed under
subparagraph (B) of paragraph (2)--
(i) the delays and other disruptions in
deployment schedules that resulted from
deficiencies in the health status or medical
fitness of activated Reserves; and
(ii) an analysis of the extent to which it was
necessary to merge units or otherwise alter the
composition of units, and the extent to which it
was necessary to merge or otherwise alter
objectives, in order to compensate for limitations
on the deployability of activated Reserves
resulting from deficiencies in the health status
or medical fitness of activated Reserves.
(C) With respect to the matters reviewed under
subparagraph (C) of paragraph (2), an assessment of the
extent of the compliance of reserve component personnel
with Department of Defense policies on routine medical
and physical fitness examinations that are applicable to
the reserve components of the Armed Forces.
(D) An analysis of the extent to which the medical
care, if any, provided to activated Reserves in each
theater of operations referred to in paragraph (1)
related to preexisting conditions that were not
adequately addressed before the deployment of such
personnel to the theater.
(4) Definitions.--In this subsection:
(A) The term ``activated Reserves'' means the
members of the Armed Forces referred to in paragraph
(1).
(B) The term ``active duty for a period of more than
30 days'' has the meaning given such term in section
101(d) of title 10, United States Code.
(C) The term ``health condition'' includes a mental
health condition and a dental condition.
(D) The term ``reserve components of the Armed
Forces'' means the reserve components listed in section
10101 of title 10, United States Code.
[[Page 118 STAT. 1997]]
(b) Accountability for <<NOTE: 10 USC 1074 note.>> Medical Readiness
of Individuals and Units of the Reserve Components.--
(1) Policy.--The Secretary of Defense shall take measures,
in addition to those required by section 1074f of title 10,
United States Code, to ensure that individual members and
commanders of reserve component units fulfill their
responsibilities and meet the requirements for medical and
dental readiness of members of the units. Such measures may
include--
(A) requiring more frequent health assessments of
members than is required by section 1074f(b) of title
10, United States Code, with an objective of having
every member of the Selected Reserve receive a health
assessment as specified in section 1074f of such title
not less frequently than once every two years; and
(B) providing additional support and information to
commanders to assist them in improving the health status
of members of their units.
(2) Review and followup care.--The measures under this
subsection shall provide for review of the health assessments
under paragraph (1) by a medical professional and for any
followup care and treatment that is otherwise authorized for
medical or dental readiness.
(3) Modification of predeployment health assessment
survey.--In carrying out paragraph (1), the Secretary shall--
(A) to the extent practicable, modify the
predeployment health assessment survey to bring such
survey into conformity with the detailed postdeployment
health assessment survey in use as of October 1, 2004;
and
(B) ensure the use of the predeployment health
assessment survey, as so modified, for predeployment
health assessments after that date.
(c) Uniform Policy on <<NOTE: 10 USC 1074 note.>> Deferral of
Medical Treatment Pending Deployment to Theaters of Operations.--
(1) Requirement for policy.--The Secretary of Defense shall
prescribe, for uniform applicability throughout the Armed
Forces, a policy on deferral of medical treatment of members
pending deployment.
(2) Content.--The policy prescribed under paragraph (1) may
specify the following matters:
(A) The circumstances under which treatment for
medical conditions may be deferred to be provided within
a theater of operations in order to prevent delay or
other disruption of a deployment to that theater.
(B) The circumstances under which medical conditions
are to be treated before deployment to that theater.
SEC. 733. BASELINE HEALTH DATA COLLECTION PROGRAM.
(a) Requirement for Program.--
(1) In general.--Chapter 55 of title 10, United States Code,
is amended by inserting after section 1092 the following new
section:
``Sec. 1092a. Persons entering the armed forces: baseline health data
``(a) Program Required.--The Secretary of Defense shall carry out a
program--
[[Page 118 STAT. 1998]]
``(1) to collect baseline health data from each person
entering the armed forces, at the time of entry into the armed
forces; and
``(2) to provide for computerized compilation and
maintenance of the baseline health data.
``(b) Purposes.--The program under this section shall be designed to
achieve the following purposes:
``(1) To facilitate understanding of how subsequent
exposures related to service in the armed forces affect health.
``(2) To facilitate development of early intervention and
prevention programs to protect health and readiness.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 1092 the following new item:
``1092a. Persons entering the armed forces: baseline health data.''.
(3) Time for implementation.--The <<NOTE: 10 USC 1092a
note.>> Secretary of Defense shall implement the program
required under section 1092a of title 10, United States Code (as
added by paragraph (1)), not later than two years after the date
of the enactment of this Act.
(b) Interim <<NOTE: 10 USC 1074f note.>> Standards for Blood
Sampling.--
(1) Time requirements.--Subject to paragraph (2), the
Secretary of Defense shall require that--
(A) the blood samples necessary for the
predeployment medical examination of a member of the
Armed Forces required under section 1074f(b) of title
10, United States Code, be drawn not earlier than 120
days before the date of the deployment; and
(B) the blood samples necessary for the
postdeployment medical examination of a member of the
Armed Forces required under such section 1074f(b) of
such title be drawn not later than 30 days after the
date on which the deployment ends.
(2) Contingent applicability.--The standards under paragraph
(1) shall apply unless the Joint Medical Readiness Oversight
Committee established by section 1301 recommends, and the
Secretary approves, different standards for blood sampling.
SEC. 734. <<NOTE: 10 USC 1074 note.>> MEDICAL CARE AND TRACKING AND
HEALTH SURVEILLANCE IN THE THEATER OF OPERATIONS.
(a) Recordkeeping Policy.--The Secretary of Defense shall prescribe
a policy that requires the records of all medical care provided to a
member of the Armed Forces in a theater of operations to be maintained
as part of a complete health record for the member.
(b) In-Theater Medical Tracking and Health Surveillance.--
(1) Requirement for evaluation.--The Secretary of Defense
shall evaluate the system for the medical tracking and health
surveillance of members of the Armed Forces in theaters of
operations and take such actions as may be necessary to improve
the medical tracking and health surveillance.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit a
report on the actions taken under paragraph (1) to the
Committees on Armed Services of the Senate and the House
[[Page 118 STAT. 1999]]
of Representatives. The report shall include the following
matters:
(A) An analysis of the strengths and weaknesses of
the medical tracking system administered under section
1074f of title 10, United States Code.
(B) An analysis of the efficacy of health
surveillance systems as a means of detecting--
(i) any health problems (including mental
health conditions) of members of the Armed Forces
contemporaneous with the performance of the
assessment under the system; and
(ii) exposures of the assessed members to
environmental hazards that potentially lead to
future health problems.
(C) An analysis of the strengths and weaknesses of
such medical tracking and surveillance systems as a
means for supporting future research on health issues.
(D) Recommended changes to such medical tracking and
health surveillance systems.
(E) A summary of scientific literature on blood
sampling procedures used for detecting and identifying
exposures to environmental hazards.
(F) An assessment of whether there is a need for
changes to regulations and standards for drawing blood
samples for effective tracking and health surveillance
of the medical conditions of personnel before
deployment, upon the end of a deployment, and for a
followup period of appropriate length.
(c) Plan To Obtain Health Care Records From Allies.--The Secretary
of Defense shall develop a plan for obtaining all records of medical
treatment provided to members of the Armed Forces by allies of the
United States in Operation Enduring Freedom and Operation Iraqi Freedom.
The plan shall specify the actions that are to be taken to obtain all
such records.
(d) Policy on <<NOTE: Deadline.>> In-Theater Personnel Locator
Data.--Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall prescribe a Department of Defense
policy on the collection and dissemination of in-theater individual
personnel location data.
SEC. 735. <<NOTE: 10 USC 1074 note.>> DECLASSIFICATION OF INFORMATION ON
EXPOSURES TO ENVIRONMENTAL HAZARDS.
(a) Requirement for Review.--The Secretary of Defense shall review
and, as determined appropriate, revise the classification policies of
the Department of Defense with a view to facilitating the
declassification of data that is potentially useful for the monitoring
and assessment of the health of members of the Armed Forces who have
been exposed to environmental hazards during deployments overseas,
including the following data:
(1) In-theater injury rates.
(2) Data derived from environmental surveillance.
(3) Health tracking and surveillance data.
(b) Consultation With Commanders of Theater Combatant Commands.--The
Secretary shall, to the extent that the Secretary considers appropriate,
consult with the senior commanders of the in-theater forces of the
combatant commands in carrying out the review and revising policies
under subsection (a).
[[Page 118 STAT. 2000]]
SEC. 736. REPORT ON TRAINING ON ENVIRONMENTAL HAZARDS.
(a) Requirement for Report on Training of Field Medical Personnel.--
Not later than one year after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the training on
environmental hazards that is provided by the Armed Forces to medical
personnel of the Armed Forces who are deployable to the field in direct
support of combat personnel.
(b) Content.--The report under subsection (a) shall include the
following:
(1) An assessment of the adequacy of the training
regarding--
(A) the identification of common environmental
hazards and exposures to such hazards; and
(B) the prevention and treatment of adverse health
effects of such exposures.
(2) A discussion of the actions taken and to be taken to
improve such training.
SEC. 737. <<NOTE: 10 USC 1074 note.>> UNIFORM POLICY FOR MEETING
MOBILIZATION-RELATED MEDICAL CARE NEEDS AT MILITARY
INSTALLATIONS.
(a) Health Care at Mobilization Installations.--The Secretary of
Defense shall take such steps as necessary, including through the
uniform policy established under subsection (c), to ensure that
anticipated health care needs of members of the Armed Forces at
mobilization installations can be met at those installations. Such steps
may, within authority otherwise available to the Secretary, include the
following with respect to any such installation:
(1) Arrangements for health care to be provided by the
Secretary of Veterans Affairs.
(2) Procurement of services from local health care
providers.
(3) Temporary employment of health care personnel to provide
services at such installation.
(b) Mobilization Installations.--For purposes of this section, the
term ``mobilization installation'' means a military installation at
which members of the Armed Forces, in connection with a contingency
operation or during a national emergency--
(1) are mobilized;
(2) are deployed; or
(3) are redeployed from a deployment location.
(c) Requirement for Regulations.--
(1) Policy on implementation.--The Secretary of Defense
shall by regulation establish a policy for the implementation of
subsection (a) throughout the Department of Defense.
(2) Identification and analysis of needs.--As part of the
policy prescribed under paragraph (1), the Secretary shall
require the Secretary of each military department, with respect
to each mobilization installation under the jurisdiction of that
Secretary, to identify and analyze the anticipated health care
needs at that installation with respect to members of the Armed
Forces who may be expected to mobilize or deploy or redeploy at
that installation as described in subsection (b)(1). Such
identification and analysis shall be carried out so as to be
completed before the arrival of such members at the
installation.
[[Page 118 STAT. 2001]]
(3) Response to needs.--The policy established by the
Secretary of Defense under paragraph (1) shall require that,
based on the results of the identification and analysis under
paragraph (2), the Secretary of the military department
concerned shall determine how to expeditiously and effectively
respond to those anticipated health care needs that cannot be
met within the resources otherwise available at that
installation, in accordance with subsection (a).
(4) Implementation of authority.--In implementing the policy
established under paragraph (1) at any installation, the
Secretary of the military department concerned shall ensure that
the commander of the installation, and the officers and other
personnel superior to that commander in that commander's chain
of command, have appropriate authority and responsibility for
such implementation.
(d) Policy.--The Secretary of Defense shall ensure--
(1) that the policy prescribed under subsection (c) is
carried out with respect to any mobilization installation with
the involvement of all agencies of the Department of Defense
that have responsibility for management of the installation and
all organizations of the Department that have command authority
over any activity at the installation; and
(2) that such policy is implemented on a uniform basis
throughout the Department of Defense.
SEC. 738. <<NOTE: 10 USC 1074 note.>> FULL IMPLEMENTATION OF MEDICAL
READINESS TRACKING AND HEALTH SURVEILLANCE PROGRAM AND FORCE
HEALTH PROTECTION AND READINESS PROGRAM.
(a) Implementation at All Levels.--The Secretary of Defense, in
conjunction with the Secretaries of the military departments, shall take
such actions as are necessary to ensure that the Army, Navy, Air Force,
and Marine Corps fully implement at all levels--
(1) the Medical Readiness Tracking and Health Surveillance
Program under this title and the amendments made by this title;
and
(2) the Force Health Protection and Readiness Program of the
Department of Defense (relating to the prevention of injury and
illness and the reduction of disease and noncombat injury
threats).
(b) Action Official.--The Secretary of Defense may act through the
Under Secretary of Defense for Personnel and Readiness in carrying out
subsection (a).
SEC. 739. REPORTS AND INTERNET ACCESSIBILITY RELATING TO HEALTH MATTERS.
(a) Annual Reports.--
(1) Requirement for reports.--Chapter 55 of title 10, United
States Code, is amended by inserting after section 1073a the
following new section:
``Sec. 1073b. Recurring reports
``(a) Annual Report on Health Protection Quality.--(1) The Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives each year a report on the Force
Health Protection Quality Assurance Program of the Department of
Defense. The report shall cover
[[Page 118 STAT. 2002]]
the calendar year preceding the year in which the report is submitted
and include the following matters:
``(A) The results of an audit conducted during the calendar
year covered by the report of the extent to which the blood
samples required to be obtained as described in section 733(b)
of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 from members of the armed forces before and
after a deployment are stored in the blood serum repository of
the Department of Defense.
``(B) The results of an audit conducted during the calendar
year covered by the report of the extent to which the records of
the health assessments required under section 1074f of this
title for members of the armed forces before and after a
deployment are being maintained in the electronic database of
the Defense Medical Surveillance System.
``(C) An analysis of the actions taken by Department of
Defense personnel to respond to health concerns expressed by
members of the armed forces upon return from a deployment.
``(D) An analysis of the actions taken by Department of
Defense personnel to evaluate or treat members of the armed
forces who are confirmed to have been exposed to occupational or
environmental hazards deleterious to their health during a
deployment.
``(2) The Secretary of Defense shall act through the Assistant
Secretary of Defense for Health Affairs in carrying out this subsection.
``(b) Annual Report on Recording of Health Assessment Data in
Military Health Records.--The Secretary of Defense shall issue each year
a report on the compliance by the military departments with applicable
law and policies on the recording of health assessment data in military
health records, including compliance with section 1074f(c) of this
title. The report shall cover the calendar year preceding the year in
which the report is submitted and include a discussion of the extent to
which immunization status and predeployment and postdeployment health
care data are being recorded in such records.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 1073a the following new item:
``1073b. Recurring reports.''.
(3) Initial reports.--The <<NOTE: 10 USC 1073b note.>> first
reports under section 1073b of title 10, United States Code (as
added by paragraph (1)), shall be completed not later than 180
days after the date of the enactment of this Act.
(b) Internet <<NOTE: 10 USC 1074 note.>> Accessibility of Health
Assessment Information for Members of the Armed Forces.--Not later than
one year after the date of the enactment of this Act, the Chief
Information Officer of each military department shall ensure that the
online portal website of that military department includes the following
information relating to health assessments:
(1) Information on the policies of the Department of Defense
and the military department concerned regarding predeployment
and postdeployment health assessments, including policies on the
following matters:
(A) Health surveys.
(B) Physical examinations.
[[Page 118 STAT. 2003]]
(C) Collection of blood samples and other tissue
samples.
(2) Procedural information on compliance with such policies,
including the following information:
(A) Information for determining whether a member is
in compliance.
(B) Information on how to comply.
(3) Health assessment surveys that are either--
(A) web-based; or
(B) accessible (with instructions) in printer-ready
form by download.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Software-related program costs under major defense acquisition
programs.
Sec. 802. Internal controls for Department of Defense procurements
through GSA Client Support Centers.
Sec. 803. Defense commercial communications satellite services
procurement process.
Sec. 804. Contractor performance of acquisition functions closely
associated with inherently governmental functions.
Sec. 805. Sustainment plans for existing systems while replacement
systems are under development.
Sec. 806. Applicability of competition exceptions to eligibility of
National Guard for financial assistance for performance of
additional duties.
Sec. 807. Inflation adjustment of acquisition-related dollar thresholds.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Rapid acquisition authority to respond to combat emergencies.
Sec. 812. Defense acquisition workforce improvements.
Sec. 813. Period for multiyear task and delivery order contracts.
Sec. 814. Funding for contract ceilings for certain multiyear
procurement contracts.
Sec. 815. Increased threshold for senior procurement executive approval
of use of procedures other than competitive procedures.
Sec. 816. Increased threshold for applicability of requirement for
defense contractors to provide information on subcontracting
authority of contractor personnel to cooperative agreement
holders.
Sec. 817. Extension of authority for use of simplified acquisition
procedures.
Sec. 818. Submission of cost or pricing data on noncommercial
modifications of commercial items.
Sec. 819. Delegations of authority to make determinations relating to
payment of defense contractors for business restructuring
costs.
Sec. 820. Availability of Federal supply schedule supplies and services
to United Service Organizations, Incorporated.
Sec. 821. Addition of landscaping and pest control services to list of
designated industry groups participating in the Small
Business Competitiveness Demonstration Program.
Sec. 822. Increased thresholds under special emergency procurement
authority.
Subtitle C--United States Defense Industrial Base Provisions
Sec. 831. Defense trade reciprocity.
Sec. 832. Assessment and report on the acquisition of polyacrylonitrile
(PAN) carbon fiber from foreign sources.
Subtitle D--Extensions of Temporary Program Authorities
Sec. 841. Extension of mentor-protege program.
Sec. 842. Amendment to mentor-protege program.
Sec. 843. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
[[Page 118 STAT. 2004]]
Sec. 844. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities.
Subtitle E--Other Acquisition Matters
Sec. 851. Review and demonstration project relating to contractor
employees.
Sec. 852. Inapplicability of certain fiscal laws to settlements under
special temporary contract closeout authority.
Sec. 853. Contracting with employers of persons with disabilities.
Sec. 854. Defense procurements made through contracts of other agencies.
Sec. 855. Requirements relating to source selection for integrated
support of aerial refueling aircraft fleet for the Air Force.
Subtitle A--Acquisition Policy and Management
SEC. 801. SOFTWARE-RELATED PROGRAM COSTS UNDER MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Content of Quarterly Unit Cost Report.--Subsection (b) of
section 2433 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5) Any significant changes in the total program cost for
development and procurement of the software component of the
program, schedule milestones for the software component of the
program, or expected performance for the software component of
the program that are known, expected, or anticipated by the
program manager.''.
(b) Content of Selected Acquisition Report.--(1) Subsection (g)(1)
of such section is amended by adding at the end the following new
subparagraph:
``(Q) In any case in which one or more problems with the
software component of the program significantly contributed to
the increase in program unit costs, the action taken and
proposed to be taken to solve such problems.''.
(2) Section 2432(e) of title 10, United States Code, is amended--
(A) by redesignating paragraphs (7), (8), and (9) as
paragraphs (8), (9), and (10), respectively; and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The reasons for any significant changes (from the
previous Selected Acquisition Report) in the total program cost
for development and procurement of the software component of the
program, schedule milestones for the software component of the
program, or expected performance for the software component of
the program that are known, expected, or anticipated by the
program manager.''.
(c) Effective Date.--The <<NOTE: 10 USC 2432 note.>> amendments made
by this section shall take effect on the date occurring 60 days after
the date of the enactment of this Act, and shall apply with respect to
reports due to be submitted to Congress on or after such date.
SEC. 802. <<NOTE: 10 USC 2302 note.>> INTERNAL CONTROLS FOR DEPARTMENT
OF DEFENSE PROCUREMENTS THROUGH GSA CLIENT SUPPORT CENTERS.
(a) Initial Inspector General Review and Determination.--(1) Not
later than March 15, 2005, the <<NOTE: Deadline.>> Inspector General of
the Department of Defense and the Inspector General of the General
Services Administration shall jointly--
(A) review--
[[Page 118 STAT. 2005]]
(i) the policies, procedures, and internal controls
of each GSA Client Support Center; and
(ii) the administration of those policies,
procedures, and internal controls; and
(B) for each such Center, determine in writing whether--
(i) the Center is compliant with defense procurement
requirements;
(ii) the Center is not compliant with defense
procurement requirements, but the Center made
significant progress during 2004 toward becoming
compliant with defense procurement requirements; or
(iii) neither of the conclusions stated in clauses
(i) and (ii) is correct.
(2) <<NOTE: Deadline.>> If the Inspectors General determine under
paragraph (1) that the conclusion stated in clause (ii) or (iii) of
subparagraph (B) of such paragraph is correct in the case of a GSA
Client Support Center, those Inspectors General shall, not later than
March 15, 2006, jointly--
(A) conduct a second review regarding that GSA Client
Support Center as described in paragraph (1)(A); and
(B) determine in writing whether that GSA Client Support
Center is or is not compliant with defense procurement
requirements.
(b) Compliance With Defense Procurement Requirements.--For the
purposes of this section, a GSA Client Support Center is compliant with
defense procurement requirements if the GSA Client Support Center's
policies, procedures, and internal controls, and the manner in which
they are administered, are adequate to ensure compliance of that Center
with the requirements of laws and regulations that apply to procurements
of property and services made directly by the Department of Defense.
(c) Limitations on Procurements Through GSA Client Support
Centers.--(1) After March 15, 2005, and before March 16, 2006, no
official of the Department of Defense may, except as provided in
subsection (d) or (e), order, purchase, or otherwise procure property or
services in an amount in excess of $100,000 through any GSA Client
Support Center for which a determination described in paragraph
(1)(B)(iii) of subsection (a) has been made under that subsection.
(2) After March 15, 2006, no official of the Department of Defense
may, except as provided in subsection (d) or (e), order, purchase, or
otherwise procure property or services in an amount in excess of
$100,000 through any GSA Client Support Center that has not been
determined under this section as being compliant with defense
procurement requirements.
(d) Exception From Applicability of Limitations.--(1) No limitation
applies under subsection (c) with respect to the procurement of property
and services from a particular GSA Client Support Center during any
period that there is in effect a determination of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, made in writing,
that it is necessary in the interest of the Department of Defense to
continue to procure property and services through that GSA Client
Support Center.
(2) A written determination with respect to a GSA Client Support
Center under paragraph (1) is in effect for the period, not in excess of
one year, that the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall specify in the written
[[Page 118 STAT. 2006]]
determination. The Under Secretary may extend from time to time, for up
to one year at a time, the period for which the written determination
remains in effect.
(e) Termination of Applicability of Limitations.--Subsection (c)
shall cease to apply to a GSA Client Support Center on the date on which
the Inspector General of the Department of Defense and the Inspector
General of the General Services Administration jointly determine that
such Center is compliant with defense procurement requirements and
notify the Secretary of Defense of that determination.
(f) GSA Client Support Center Defined.--In this section, the term
``GSA Client Support Center'' means a Client Support Center of the
Federal Technology Service of the General Services Administration.
SEC. 803. DEFENSE COMMERCIAL COMMUNICATIONS SATELLITE SERVICES
PROCUREMENT PROCESS.
(a) Requirement for Determination.--The Secretary of Defense shall
review all potential mechanisms for procuring commercial communications
satellite services and provide guidance to the Director of the Defense
Information Systems Agency and the Secretaries of the military
departments on how such procurements should be conducted. The
alternative procurement mechanisms reviewed by the Secretary of Defense
shall, at a minimum, include the following:
(1) Procurement under indefinite delivery, indefinite
quantity contracts of other departments and agencies of the
Federal Government, including the Federal Technology Service of
the General Services Administration.
(2) Procurement directly from commercial sources that are
qualified as described in subsection (b), using full and open
competition (as defined in section 4(6) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(6))).
(3) Procurement by any other means that has been used by the
Director of the Defense Information Systems Agency or the
Secretary of a military department to enter into a contract for
the procurement of commercial communications satellite services
that is in force on the date of the enactment of this Act,
including through commercial communications satellite service
integrators and resellers.
(4) Procurement under the method used as of the date of the
enactment of this Act, modified with streamlined processes to
ensure increased efficiency and cost effectiveness.
(b) Qualified Sources.--A source of commercial communications
satellite services referred to in paragraph (2) of subsection (a) is a
qualified source if the source is incorporated under the laws of a State
of the United States and is either--
(1) a source of commercial communications satellite services
under a Federal Technology Service contract for the procurement
of commercial communications satellite services described in
paragraph (1) of such subsection that is in force on the date of
the enactment of this Act; or
(2) a source of commercial communications satellite services
that meets qualification requirements (as defined in section
2319 of title 10, United States Code, and established in
accordance with that section) to enter into a Federal Technology
[[Page 118 STAT. 2007]]
Service contract for the procurement of commercial
communications satellite services.
(c) Report.--Not later than April 30, 2005, the Secretary of Defense
shall submit to Congress a report setting forth the conclusions
resulting from the Secretary's review under subsection (a). The report
shall include--
(1) the guidance provided under such subsection; and
(2) a discussion of the rationale for that guidance and how
the guidance will address each recommendation made in the
December 2003 report of the General Accounting Office titled
``Satellite Communications: Strategic Approach Needed for DOD's
Procurement of Commercial Satellite BandWidth'' (GAO-04-206).
(d) Effective Date.--(1) The Secretary may not enter into a contract
for commercial communications satellite services (using any mechanism
reviewed under subsection (a) or otherwise) until the expiration of 30
days after the date on which the report described in subsection (c) has
been received by Congress, unless the Secretary determines that such a
contract is required to meet urgent national security requirements.
(2) Notwithstanding paragraph (1), the Secretary may issue a task
order or delivery order under a contract for commercial communications
satellite services that was awarded before the date of the enactment of
this Act.
SEC. 804. CONTRACTOR PERFORMANCE OF ACQUISITION FUNCTIONS CLOSELY
ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS.
(a) Limitation.--(1) Chapter 141 of title 10, United States Code, is
amended by inserting after section 2382 the following new section:
``Sec. 2383. Contractor performance of acquisition functions closely
associated with inherently governmental
functions
``(a) Limitation.--The head of an agency may enter into a contract
for the performance of acquisition functions closely associated with
inherently governmental functions only if the contracting officer for
the contract ensures that--
``(1) appropriate military or civilian personnel of the
Department of Defense cannot reasonably be made available to
perform the functions;
``(2) appropriate military or civilian personnel of the
Department of Defense are--
``(A) to supervise contractor performance of the
contract; and
``(B) to perform all inherently governmental
functions associated with the functions to be performed
under the contract; and
``(3) the agency addresses any potential organizational
conflict of interest of the contractor in the performance of the
functions under the contract, consistent with subpart 9.5 of
part 9 of the Federal Acquisition Regulation and the best
interests of the Department of Defense.
``(b) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning given
such term in section 2302(1) of this title, except that such
[[Page 118 STAT. 2008]]
term does not include the Secretary of Homeland Security or the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) The term `inherently governmental functions' has the
meaning given such term in subpart 7.5 of part 7 of the Federal
Acquisition Regulation.
``(3) The term `functions closely associated with inherently
governmental functions' means the functions described in section
7.503(d) of the Federal Acquisition Regulation.
``(4) The term `organizational conflict of interest' has the
meaning given such term in subpart 9.5 of part 9 of the Federal
Acquisition Regulation.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2382 the
following new item:
``2383. Contractor performance of acquisition functions closely
associated with inherently governmental functions.''.
(b) Effective Date.--Section 2383 <<NOTE: 10 USC 2383 note.>> of
title 10, United States Code (as added by subsection (a)), shall apply
to contracts entered into on or after the date of the enactment of this
Act.
SEC. 805. SUSTAINMENT PLANS FOR EXISTING SYSTEMS WHILE REPLACEMENT
SYSTEMS ARE UNDER DEVELOPMENT.
(a) Existing Systems to Be Maintained While Replacement Systems are
Under Development.--(1) Chapter 144 of title 10, United States Code, is
amended by inserting after section 2436 the following new section:
``Sec. 2437. Development of major defense acquisition programs:
sustainment of system to be replaced
``(a) Requirement for Sustaining Existing Forces.--(1) The Secretary
of Defense shall require that, whenever a new major defense acquisition
program begins development, the defense acquisition authority
responsible for that program shall develop a plan (to be known as a
`sustainment plan') for the existing system that the system under
development is intended to replace. Any such sustainment plan shall
provide for an appropriate level of budgeting for sustaining the
existing system until the replacement system to be developed under the
major defense acquisition program is fielded and assumes the majority of
responsibility for the mission of the existing system. This section does
not apply to a major defense acquisition that reaches initial
operational capability before October 1, 2008.
``(2) In this section, the term `defense acquisition authority'
means the Secretary of a military department or the commander of the
United States Special Operations Command.
``(b) Sustainment Plan.--The Secretary of Defense shall require that
each sustainment plan under this section include, at a minimum, the
following:
``(1) The milestone schedule for the development of the
major defense acquisition program, including the scheduled dates
for low-rate initial production, initial operational capability,
full-rate production, and full operational capability and the
date as of when the replacement system is scheduled to assume
the majority of responsibility for the mission of the existing
system.
[[Page 118 STAT. 2009]]
``(2) An analysis of the existing system to assess the
following:
``(A) Anticipated funding levels necessary to--
``(i) ensure acceptable reliability and
availability rates for the existing system; and
``(ii) maintain mission capability of the
existing system against the relevant threats.
``(B) The extent to which it is necessary and
appropriate to--
``(i) transfer mature technologies from the
new system or other systems to enhance the mission
capability of the existing system against relevant
threats; and
``(ii) provide interoperability with the new
system during the period from initial fielding
until the new system assumes the majority of
responsibility for the mission of the existing
system.
``(c) Exceptions.--Subsection (a) shall not apply to a major defense
acquisition program if the Secretary of Defense determines that--
``(1) the existing system is no longer relevant to the
mission;
``(2) the mission has been eliminated;
``(3) the mission has been consolidated with another mission
in such a manner that another existing system can adequately
meet the mission requirements; or
``(4) the duration of time until the new system assumes the
majority of responsibility for the existing system's mission is
sufficiently short so that mission availability, capability,
interoperability, and force protection requirements are
maintained.
``(d) Waiver.--The Secretary of Defense may waive the applicability
of subsection (a) to a major defense acquisition program if the
Secretary determines that, but for such a waiver, the Department would
be unable to meet national security objectives. Whenever the Secretary
makes such a determination and authorizes such a waiver, the Secretary
shall submit notice of such waiver and of the Secretary's determination
and the reasons therefor in writing to the congressional defense
committees.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2436 the
following new item:
``2437. Development of major defense acquisition programs: sustainment
of system to be replaced.''.
(b) Application to <<NOTE: 10 USC 2437 note.>> Existing Programs in
Development.--Section 2437 of title 10, United States Code, as added by
subsection (a), shall apply with respect to a major defense acquisition
program for a system that is under development as of the date of the
enactment of this Act and is not expected to reach initial operational
capability before October 1, 2008. <<NOTE: Deadline.>> The Secretary of
Defense shall require that a sustainment plan under that section be
developed not later than one year after the date of the enactment of
this Act for the existing system that the system under development is
intended to replace.
[[Page 118 STAT. 2010]]
SEC. 806. APPLICABILITY OF COMPETITION EXCEPTIONS TO ELIGIBILITY OF
NATIONAL GUARD FOR FINANCIAL ASSISTANCE FOR PERFORMANCE OF
ADDITIONAL DUTIES.
Section 113(b)(1)(B) of title 32, United States Code, is amended by
inserting before the period at the end the following: ``, subject to the
exceptions provided in section 2304(c) of title 10''.
SEC. 807. INFLATION ADJUSTMENT OF ACQUISITION-RELATED DOLLAR THRESHOLDS.
(a) Inflation Adjustment Authority.--(1) The Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by inserting
after section 35 the following new section:
``SEC. 35A. <<NOTE: 41 USC 431a.>> INFLATION ADJUSTMENT OF ACQUISITION-
RELATED DOLLAR THRESHOLDS.
``(a) Requirement for Periodic Adjustment.--(1) On October 1 of each
year that is evenly divisible by five, the Federal Acquisition
Regulatory Council shall adjust each acquisition-related dollar
threshold provided by law, as described in subsection (c), to the
baseline constant dollar value of that threshold.
``(2) For the purposes of paragraph (1), the baseline constant
dollar value--
``(A) for a dollar threshold in effect on October 1, 2000,
that was first specified in a law that took effect on or before
such date shall be the October 1, 2000, constant dollar value of
that dollar threshold; and
``(B) for a dollar threshold specified in a law that takes
effect after October 1, 2000, shall be the constant dollar value
of that threshold as of the effective date of that dollar
threshold pursuant to such law.
``(b) Adjustments Effective <<NOTE: Federal
Register, publication.>> Upon Publication.--The Federal Acquisition
Regulatory Council shall publish a notice of the adjusted dollar
thresholds under this section in the Federal Register. The adjusted
dollar thresholds shall take effect on the date of publication.
``(c) Acquisition-Related Dollar Thresholds.--Except as provided in
subsection (d), the requirement for adjustment under subsection (a)
applies to a dollar threshold that is specified in law as a factor in
defining the scope of the applicability of a policy, procedure,
requirement, or restriction provided in that law to the procurement of
property or services by an executive agency, as determined by the
Federal Acquisition Regulatory Council.
``(d) Excluded Thresholds.--Subsection (a) does not apply to--
``(1) dollar thresholds in sections 3141 through 3144, 3146,
and 3147 of title 40, United States Code;
``(2) dollar thresholds in the Service Contract Act of 1965
(41 U.S.C. 351, et seq.); or
``(3) dollar thresholds established by the United States
Trade Representative pursuant to title III of the Trade
Agreements Act of 1979 (19 U.S.C. 2511 et seq.).
``(e) Calculation of Adjustments.--An adjustment under this section
shall--
``(1) be calculated on the basis of changes in the Consumer
Price Index for all-urban consumers published monthly by the
Department of Labor; and
``(2) be rounded--
[[Page 118 STAT. 2011]]
``(A) in the case of a dollar threshold that (as in
effect on the day before the adjustment) is less than
$10,000, to the nearest $500;
``(B) in the case of a dollar threshold that (as in
effect on the day before the adjustment) is not less
than $10,000, but is less than $100,000, to the nearest
$5,000;
``(C) in the case of a dollar threshold that (as in
effect on the day before the adjustment) is not less
than $100,000, but is less than $1,000,000, to the
nearest $50,000; and
``(D) in the case of a dollar threshold that (as in
effect on the day before the adjustment) is $1,000,000
or more, to the nearest $500,000.
``(f) Petition for Inclusion of Omitted Threshold.--(1) If a dollar
threshold adjustable under this section is not included in a notice of
adjustment published under subsection (b), any person may request
adjustment of that dollar threshold by submitting a petition for
adjustment to the Administrator for Federal Procurement Policy.
``(2) Upon receipt of a petition for adjustment of a dollar
threshold under paragraph (1), the Administrator shall--
``(A) determine, in writing, whether that dollar threshold
is required to be adjusted under this section; and
``(B) if so, shall publish in the Federal Register a revised
notice of the adjusted dollar thresholds under this section that
includes the adjustment of the dollar threshold covered by the
petition.
``(3) The adjustment of a dollar threshold pursuant to a petition
under this subsection shall take effect on the date of the publication
of the revised notice adding the adjustment of that dollar threshold
under paragraph (2)(B).''.
(2) The table of contents in section 1(b) of such Act is amended by
inserting after the item relating to section 35 the following new item:
``Sec. 35A. Inflation adjustment of acquisition-related dollar
thresholds.''.
(b) Definition of Federal Acquisition Regulatory Council.--Section 4
of such <<NOTE: 41 USC 403.>> Act is amended by adding at the end the
following new paragraph:
``(17) The term `Federal Acquisition Regulatory Council'
means the Federal Acquisition Regulatory Council established
under section 25.''.
(c) Relationship to Other Inflation Adjustment Authorities.--(1)
Section 35A of the Office of Federal Procurement Policy Act, as added by
subsection (a), <<NOTE: 41 USC 431a note.>> supersedes the applicability
of any other provision of law that provides for the adjustment of a
dollar threshold that is adjustable under such section.
(2) After the date of the enactment of this Act, a dollar threshold
adjustable under section 35A of the Office of Federal Procurement Policy
Act, as added by subsection (a), shall be adjusted only as provided
under that section.
[[Page 118 STAT. 2012]]
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT EMERGENCIES.
Section 806 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (10 U.S.C. 2302 note) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsections (c) and (d):
``(c) Response to Combat Emergencies.--(1) In the case of any
equipment that, as determined in writing by the Secretary of Defense
without delegation, is urgently needed to eliminate a combat capability
deficiency that has resulted in combat fatalities, the Secretary shall
use the procedures developed under this section in order to accomplish
the rapid acquisition and deployment of the needed equipment.
``(2)(A) Whenever the Secretary makes a determination under
paragraph (1) that certain equipment is urgently needed to eliminate a
combat capability deficiency that has resulted in combat fatalities, the
Secretary shall designate a senior official of the Department of Defense
to ensure that the needed equipment is acquired and deployed as quickly
as possible, with a goal of awarding a contract for the acquisition of
the equipment within 15 days.
``(B) Upon designation of a senior official under subparagraph (A),
the Secretary shall authorize that official to waive any provision of
law, policy, directive, or regulation described in subsection (d) that
such official determines in writing would unnecessarily impede the rapid
acquisition and deployment of the needed equipment. In a case in which
the needed equipment cannot be acquired without an extensive delay, the
senior official shall require that an interim solution be implemented
and deployed using the procedures developed under this section to
minimize the combat capability deficiency and combat fatalities.
``(3) The authority of this section may not be used to acquire
equipment in an amount aggregating more than $100,000,000 during any
fiscal year. For acquisitions of equipment under this section during the
fiscal year in which the Secretary makes the determination described in
paragraph (1) with respect to such equipment, the Secretary may use any
funds available to the Department of Defense for that fiscal year.
``(4) The <<NOTE: Notification. Deadline.>> Secretary of Defense
shall notify the congressional defense committees within 15 days after
each determination made under paragraph (1). Each such notice shall
identify--
``(A) the equipment to be acquired;
``(B) the amount anticipated to be expended for the
acquisition; and
``(C) the source of funds for the acquisition.
``(5) Any acquisition initiated under this subsection shall
transition to the normal acquisition system not later than two years
after the date on which the Secretary makes the determination described
in paragraph (1) with respect to that equipment.
[[Page 118 STAT. 2013]]
``(d) Waiver of Certain Statues and Regulations.--(1) Upon a
determination described in subsection (c)(1), the senior official
designated in accordance with subsection (c)(2) with respect to that
designation is authorized to waive any provision of law, policy,
directive or regulation addressing--
``(A) the establishment of the requirement for the
equipment;
``(B) the research, development, test, and evaluation of the
equipment; or
``(C) the solicitation and selection of sources, and the
award of the contract, for procurement of the equipment.
``(2) Nothing in this subsection authorizes the waiver of--
``(A) the requirements of this section or the regulations
implementing this section; or
``(B) any provision of law imposing civil or criminal
penalties.''.
SEC. 812. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.
(a) Selection Criteria for Acquisition Corps and for Critical
Acquisition Positions.--(1) Section 1732(b) of title 10, United States
Code, is amended by striking paragraph (1) and redesignating paragraphs
(2), (3), and (4) as paragraphs (1), (2), and (3), respectively.
(2) Section 1733(b)(1) of title 10, United States Code, is amended
in subparagraph (A) by striking ``in a position within grade GS-14 or
above of the General Schedule,'' and inserting ``in a senior position in
the National Security Personnel System, as determined in accordance with
guidelines prescribed by the Secretary,''.
(b) Scholarship Program Requirements.--Section 1742 of such title is
amended--
(1) by inserting ``(a) Programs.--'' at the beginning of the
text; and
(2) by adding at the end the following new subsection:
``(b) Scholarship Program Requirements.--Each recipient of a
scholarship under a program conducted under subsection (a)(3) shall be
required to sign a written agreement that sets forth the terms and
conditions of the scholarship. The agreement shall be in a form
prescribed by the Secretary and shall include terms and conditions,
including terms and conditions addressing reimbursement in the event
that a recipient fails to fulfill the requirements of the agreement,
that are comparable to those set forth as a condition for providing
advanced education assistance under section 2005. The obligation to
reimburse the United States under an agreement under this subsection is,
for all purposes, a debt owing the United States.''.
(c) Authority to Establish Minimum Requirements.--(1) Section
1764(b) of such title is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Deputy program manager.''.
(2) Paragraph (1) of such section is amended by striking ``in
paragraph (5)'' and inserting ``in paragraph (6)''.
[[Page 118 STAT. 2014]]
SEC. 813. PERIOD FOR MULTIYEAR TASK AND DELIVERY ORDER CONTRACTS.
(a) Revised Maximum Period.--Section 2304a(f) of title 10, United
States Code, is amended by striking ``a total period of not more than
five years.'' and inserting ``any period up to five years and may extend
the contract period for one or more successive periods pursuant to an
option provided in the contract or a modification of the contract. The
total contract period as extended may not exceed 10 years unless such
head of an agency determines in writing that exceptional circumstances
necessitate a longer contract period.''.
(b) Annual Report.--Not later than 60 days after the end of each of
fiscal years 2005 through 2009, the Secretary of Defense shall submit to
Congress a report setting forth each extension of a contract period to a
total of more than 10 years that was granted for task and delivery order
contracts of the Department of Defense during such fiscal year under
section 2304a(f) of title 10, United States Code. The report shall
include, with respect to each such contract period extension--
(1) a discussion of the exceptional circumstances on which
the extension was based; and
(2) the justification for the determination of exceptional
circumstances.
SEC. 814. FUNDING FOR CONTRACT CEILINGS FOR CERTAIN MULTIYEAR
PROCUREMENT CONTRACTS.
(a) Multiyear Contracts Relating to Property.--Section 2306b(g) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Before any'';
(2) by striking ``Committee'' through ``House of
Representatives'' and inserting ``congressional defense
committees''; and
(3) by adding at the end the following new paragraph:
``(2) In the case of a contract described in subsection (a) with a
cancellation ceiling described in paragraph (1), if the budget for the
contract does not include proposed funding for the costs of contract
cancellation up to the cancellation ceiling established in the contract,
the head of the agency concerned shall, as part of the certification
required by subsection (i)(1)(A), give written notification to the
congressional defense committees of--
``(A) the cancellation ceiling amounts planned for each
program year in the proposed multiyear procurement contract,
together with the reasons for the amounts planned;
``(B) the extent to which costs of contract cancellation are
not included in the budget for the contract; and
``(C) a financial risk assessment of not including budgeting
for costs of contract cancellation.''.
(b) Multiyear Contracts Relating to Services.--Section 2306c(d) of
title 10, United States Code, is amended--
(1) in paragraphs (1), (3), and (4), by striking
``committees of Congress named in paragraph (5)'' and inserting
``congressional defense committees'' each place it appears; and
(2) by amending paragraph (5) to read as follows:
``(5) In the case of a contract described in subsection (a) with a
cancellation ceiling described in paragraph (4), if the budget for the
contract does not include proposed funding for the costs of contract
cancellation up to the cancellation ceiling established
[[Page 118 STAT. 2015]]
in the contract, the head of the agency concerned shall give written
notification to the congressional defense committees of--
``(A) the cancellation ceiling amounts planned for each
program year in the proposed multiyear procurement contract,
together with the reasons for the amounts planned;
``(B) the extent to which costs of contract cancellation are
not included in the budget for the contract; and
``(C) a financial risk assessment of not including budgeting
for costs of contract cancellation.''.
SEC. 815. INCREASED THRESHOLD FOR SENIOR PROCUREMENT EXECUTIVE APPROVAL
OF USE OF PROCEDURES OTHER THAN COMPETITIVE PROCEDURES.
Section 2304(f)(1)(B) of title 10, United States Code, is amended by
striking ``$50,000,000'' both places it appears and inserting
``$75,000,000''.
SEC. 816. INCREASED THRESHOLD FOR APPLICABILITY OF REQUIREMENT FOR
DEFENSE CONTRACTORS TO PROVIDE INFORMATION ON SUBCONTRACTING
AUTHORITY OF CONTRACTOR PERSONNEL TO COOPERATIVE AGREEMENT
HOLDERS.
Section 2416(d) of title 10, United States Code, is amended by
striking ``$500,000'' and inserting ``$1,000,000''.
SEC. 817. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES.
Section 4202(e) of the Clinger-Cohen Act (division D of Public Law
104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended by striking
``January 1, 2006'' and inserting ``January 1, 2008''.
SEC. 818. SUBMISSION OF COST OR PRICING DATA ON NONCOMMERCIAL
MODIFICATIONS OF COMMERCIAL ITEMS.
(a) Inapplicability of Commercial Items Exception to Noncommercial
Modifications of Commercial Items.--Subsection (b) of section 2306a of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(3) Noncommercial modifications of commercial items.--(A)
The exception in paragraph (1)(B) does not apply to cost or
pricing data on noncommercial modifications of a commercial item
that are expected to cost, in the aggregate, more than $500,000
or 5 percent of the total price of the contract, whichever is
greater.
``(B) In this paragraph, the term `noncommercial
modification', with respect to a commercial item, means a
modification of such item that is not a modification described
in section 4(12)(C)(i) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(C)(i)).
``(C) Nothing in subparagraph (A) shall be construed--
``(i) to limit the applicability of the exception in
subparagraph (A) or (C) of paragraph (1) to cost or
pricing data on a noncommercial modification of a
commercial item; or
``(ii) to require the submission of cost or pricing
data on any aspect of an acquisition of a commercial
item other than the cost and pricing of noncommercial
modifications of such item.''.
[[Page 118 STAT. 2016]]
(b) Effective <<NOTE: 10 USC 2306a note.>> Date and Applicability.--
Paragraph (3) of section 2306a of title 10, United States Code (as added
by subsection (a)), shall take effect on June 1, 2005, and shall apply
with respect to offers submitted, and to modifications of contracts or
subcontracts made, on or after that date.
SEC. 819. DELEGATIONS OF AUTHORITY TO MAKE DETERMINATIONS RELATING TO
PAYMENT OF DEFENSE CONTRACTORS FOR BUSINESS RESTRUCTURING
COSTS.
Section 2325(a)(2) of title 10, United States Code, is amended--
(1) by striking ``paragraph (1) to an official'' and all
that follows and inserting ``paragraph (1), with respect to a
business combination, to an official of the Department of
Defense--''; and
(2) by adding at the end the following:
``(A) below the level of an Assistant Secretary of Defense
for cases in which the amount of restructuring costs is expected
to exceed $25,000,000 over a 5-year period; or
``(B) below the level of the Director of the Defense
Contract Management Agency for all other cases.''.
SEC. 820. AVAILABILITY OF FEDERAL SUPPLY SCHEDULE SUPPLIES AND SERVICES
TO UNITED SERVICE ORGANIZATIONS, INCORPORATED.
Section 220107 of title 36, United States Code, is amended by
inserting after ``Department of Defense'' the following: ``, including
access to General Services Administration supplies and services through
the Federal Supply Schedule of the General Services Administration,''.
SEC. 821. ADDITION OF LANDSCAPING AND PEST CONTROL SERVICES TO LIST OF
DESIGNATED INDUSTRY GROUPS PARTICIPATING IN THE SMALL
BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.
(a) In General.--Subsection (a) of section 717 of the Small Business
Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note)
is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) landscaping and pest control services.''.
(b) Landscaping and Pest Control Services.--Section 717 of the Small
Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C.
644 note) is amended--
(1) by redesignating subsection (e) as subsection (f), and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Landscaping and Pest Control Services.--Landscaping and pest
control services shall include contract awards assigned to North
American Industrial Classification Code 561710 (relating to
exterminating and pest control services) or 561730 (relating to
landscaping services).''.
SEC. 822. INCREASED THRESHOLDS UNDER SPECIAL EMERGENCY PROCUREMENT
AUTHORITY.
Section 32A(b) of the Office of Federal Procurement Policy Act (41
U.S.C. 428a(b)) is amended--
[[Page 118 STAT. 2017]]
(1) by striking paragraph (1) and inserting the following:
``(1) the amount specified in subsections (c), (d), and (f)
of section 32 shall be deemed to be--
``(A) $15,000 in the case of any contract to be
awarded and performed, or purchase to be made, inside
the United States; and
``(B) $25,000 in the case of any contract to be
awarded and performed, or purchase to be made, outside
the United States; and''; and
(2) in paragraph (2)(B), by striking ``$500,000'' and
inserting ``$1,000,000''.
Subtitle C--United States Defense Industrial Base Provisions
SEC. 831. <<NOTE: 10 USC 2531 note.>> DEFENSE TRADE RECIPROCITY.
(a) Policy.--It is the policy of Congress that procurement
regulations used in the conduct of trade in defense articles and defense
services should be based on the principle of fair trade and reciprocity
consistent with United States national security, including the need to
ensure comprehensive manufacturing capability in the United States
defense industrial base.
(b) Requirement.--The Secretary of Defense shall make every effort
to ensure that the policies and practices of the Department of Defense
reflect the goal of establishing an equitable trading relationship
between the United States and its foreign defense trade partners,
including ensuring that United States firms and United States employment
in the defense sector are not disadvantaged by unilateral procurement
practices by foreign governments, such as the imposition of offset
agreements in a manner that undermines the United States defense
industrial base. In pursuing this goal, the Secretary shall--
(1) develop a comprehensive defense acquisition trade policy
that provides the necessary guidance and incentives for the
elimination of any adverse effects of offset agreements in
defense trade; and
(2) review and make necessary modifications to existing
acquisition policies and strategies, and review and seek to make
necessary modifications to existing memoranda of understanding,
cooperative project agreements, or related agreements with
foreign defense trade partners, to reflect this goal.
(c) Regulations.--The Secretary shall prescribe regulations to
implement this section in the Department of Defense supplement to the
Federal Acquisition Regulation.
(d) Definitions.--In this section:
(1) The term ``foreign defense trade partner'' means a
foreign country with respect to which there is--
(A) a memorandum of understanding or related
agreement described in section 2531(a) of title 10,
United States Code; or
(B) a cooperative project agreement described in
section 27 of the Arms Export Control Act (22 U.S.C.
2767).
(2) The term ``offset agreement'' has the meaning provided
that term by section 36(e) of the Arms Export Control Act (22
U.S.C. 2776(e)).
[[Page 118 STAT. 2018]]
(3) The terms ``defense article'' and ``defense service''
have the meanings provided those terms by section 47(7) of the
Arms Export Control Act (22 U.S.C. 2794(7)).
SEC. 832. ASSESSMENT AND REPORT ON THE ACQUISITION OF POLYACRYLONITRILE
(PAN) CARBON FIBER FROM FOREIGN SOURCES.
(a) Requirement.--The Secretary of Defense shall delay the phase-out
of the restriction on acquisition of polyacrylonitrile (PAN) carbon
fiber from foreign sources (described in subpart 225.7103 of the
Department of Defense supplement to the Federal Acquisition Regulation)
until an assessment of PAN carbon fiber industry is completed and 30
days have passed after submission of the report required under
subsection (c).
(b) Assessment.--The Secretary of Defense shall perform a assessment
of the domestic and international industrial structure that produces PAN
carbon fibers, current and anticipated market trends for the product,
and how the trends compare to the assessment as reported by the
Secretary of Defense in January 2001.
(c) Report required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the assessment performed under subsection
(b) and on any decision made to maintain or discontinue the phase-out of
procurement restrictions on foreign acquisition of PAN carbon fibers in
the Department of Defense supplement to the Federal Acquisition
Regulation.
Subtitle D--Extensions of Temporary Program Authorities
SEC. 841. EXTENSION OF MENTOR-PROTEGE PROGRAM.
(a) Extension of Program.--Subsection (j) of section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 10 U.S.C. 2302 note) is amended--
(1) in paragraph (1), by striking ``September 30, 2005'' and
inserting ``September 30, 2010''; and
(2) in paragraph (2), by striking ``September 30, 2008'' and
inserting ``September 30, 2013''.
(b) Extension of Requirement for Annual Report.--Subsection (l)(3)
of such section is amended by striking ``2007'' and inserting ``2010''.
(c) Additional Feasibility Review of Transition to Other Financing
Methods.--(1) The Secretary of Defense shall conduct an additional
review of the Mentor-Protege Program under section 811(d)(2) of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 708).
(2) <<NOTE: Deadline.>> Not later than September 30, 2005, the
Secretary shall submit to the Committees on Armed Services of the Senate
and the House of Representatives--
(A) <<NOTE: Reports.>> a report on the results of the review
conducted under paragraph (1); and
(B) any recommendations of the Secretary for legislative
action.
(d) Additional Study of Program Implementation.--(1) The Comptroller
General shall conduct an additional study of the
[[Page 118 STAT. 2019]]
Mentor-Protege Program under section 811(d)(3) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
709).
(2) Not later than <<NOTE: Deadline. Reports.>> September 30, 2006,
the Comptroller General shall submit a report on the results of the
study conducted under paragraph (1) to the Committees on Armed Services
of the Senate and the House of Representatives.
SEC. 842. AMENDMENT TO MENTOR-PROTEGE PROGRAM.
Section 831(m)(2) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(F) a small business concern owned and controlled
by service-disabled veterans (as defined in section
8(d)(3) of the Small Business Act); and
``(G) a qualified HUBZone small business concern (as
defined in section 3(p) of the Small Business Act).''.
SEC. 843. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SMALL BUSINESS SUBCONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended
by striking ``September 30, 2005'' and inserting ``September 30, 2010''.
SEC. 844. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES
AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES.
Section 141(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 4543 note) is amended by
striking ``through 2004'' in the first sentence and inserting ``through
2009''.
Subtitle E--Other Acquisition Matters
SEC. 851. <<NOTE: 10 USC 2304 note.>> REVIEW AND DEMONSTRATION PROJECT
RELATING TO CONTRACTOR EMPLOYEES.
(a) General Review.--(1) The Secretary of Defense shall conduct a
review of policies, procedures, practices, and penalties of the
Department of Defense relating to employees of defense contractors for
purposes of ensuring that the Department of Defense is in compliance
with Executive Order No. 12989 (relating to a prohibition on entering
into contracts with contractors that are not in compliance with the
Immigration and Nationality Act).
(2) In conducting the review, the Secretary shall--
(A) identify potential weaknesses and areas for improvement
in existing policies, procedures, practices, and penalties;
(B) develop and implement reforms to strengthen, upgrade,
and improve policies, procedures, practices, and penalties of
the Department of Defense and its contractors; and
[[Page 118 STAT. 2020]]
(C) review and analyze reforms developed pursuant to this
paragraph to identify for purposes of national implementation
those which are most efficient and effective.
(3) <<NOTE: Deadline.>> The review under this subsection shall be
completed not later than 180 days after the date of the enactment of
this Act.
(b) Demonstration Project.--The Secretary of Defense shall conduct a
demonstration project in accordance with this section, in one or more
regions selected by the Secretary, for purposes of promoting greater
contracting opportunities for contractors offering effective, reliable
staffing plans to perform defense contracts that ensure all contract
personnel employed for such projects, including management employees,
professional employees, craft labor personnel, and administrative
personnel, are lawful residents or persons properly authorized to be
employed in the United States and properly qualified to perform services
required under the contract. The demonstration project shall focus on
contracts for construction, renovation, maintenance, and repair services
for military installations.
(c) Demonstration Project Procurement Procedures.--As part of the
demonstration project under subsection (b), the Secretary of Defense may
conduct a competition in which there is a provision in contract
solicitations and request for proposal documents to require significant
weight or credit be allocated to--
(1) reliable, effective workforce programs offered by
prospective contractors that provide background checks and other
measures to ensure the contractor is in compliance with the
Immigration and Nationality Act; and
(2) reliable, effective project staffing plans offered by
prospective contractors that specify for all contract employees
(including management employees, professionals, and craft labor
personnel) the skills, training, and qualifications of such
persons and the labor supply sources and hiring plans or
procedures used for employing such persons.
(d) Implementation of Demonstration Project.--The Secretary of
Defense shall begin operation of the demonstration project required
under this section after completion of the review under subsection (a),
but in no event later than 270 days after the date of the enactment of
this Act.
(e) Report on Demonstration Project.--Not later than six months
after award of a contract under the demonstration project, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report setting forth a review of
the demonstration project and recommendations on the actions, if any,
that can be implemented to ensure compliance by the Department of
Defense with Executive Order No. 12989.
(f) Definition.--In this section, the term ``military installation''
means a base, camp, post, station, yard, center, homeport facility for
any ship, or other activity under the jurisdiction of the Department of
Defense, including any leased facility, which is located within any of
the several States, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Virgin Islands, or Guam. Such term does not
include any facility used primarily for civil works, rivers and harbors
projects, or flood control projects.
[[Page 118 STAT. 2021]]
SEC. 852. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO SETTLEMENTS UNDER
SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.
Section 804(a) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1541) is amended--
(1) by inserting ``(1)'' after ``(a) Authority.--''; and
(2) by adding at the end the following new paragraph:
``(2) Under regulations which the Secretary of Defense may
prescribe, a settlement of a financial account for a contract for the
procurement of property or services under paragraph (1) may be made
without regard to--
``(A) section 1301 of title 31, United States Code; and
``(B) any other provision of law that would preclude the
Secretary from charging payments under the contract--
``(i) to an unobligated balance in an appropriation
available for funding that contract; or
``(ii) if and to the extent that the unobligated
balance (if any) in such appropriation is insufficient
for funding such payments, to any current appropriation
that is available to the Department of Defense for
funding contracts for the procurement of the same or
similar property or services.''.
SEC. 853. CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.
(a) Inapplicability of Randolph-Sheppard Act to Mess Hall Services
Under Existing Javits-Wagner-O'Day Act Contracts.--(1) The Randolph-
Sheppard Act (20 U.S.C. 107 et seq.) does not apply to any contract
described in paragraph (2) for so long as the contract is in effect,
including for any period for which the contract is extended pursuant to
an option provided in the contract.
(2) Paragraph (1) applies to any contract for the operation of all
or any part of a military mess hall, military troop dining facility, or
any similar dining facility operated for the purpose of providing meals
to members of the Armed Forces that--
(A) was entered into before September 30, 2005, with a
qualified nonprofit agency for the blind or a qualified
nonprofit agency for other severely handicapped in compliance
with section 3 of the Javits-Wagner-O'Day Act (41 U.S.C. 48);
and
(B) either--
(i) is in effect on such date; or
(ii) was in effect on November 24, 2003.
(b) Inapplicability of Javits-Wagner-O'Day Act to Mess Hall Services
Under Existing Randolph-Sheppard Act Contracts.--(1) The Javits-Wagner-
O'Day Act (41 U.S.C. 46 et seq.) does not apply to any contract
described in paragraph (2) for so long as the contract is in effect,
including for any period for which the contract is extended pursuant to
an option provided in the contract.
(2) Paragraph (1) applies to any contract for the operation of all
or any part of a military mess hall, military troop dining facility, or
any similar dining facility operated for the purpose of providing meals
to members of the Armed Forces that--
(A) was entered into before September 30, 2005, with a State
licensing agency under the Randolph-Sheppard Act (20 U.S.C. 107
et seq.); and
[[Page 118 STAT. 2022]]
(B) either--
(i) is in effect on such date; or
(ii) was in effect on November 24, 2003.
(3) In this subsection, the term ``State licensing agency'' means an
agency designated under section 2(a)(5) of the Randolph-Sheppard Act (20
U.S.C. 107a(a)(5)).
(c) Repeal of Superseded Law.--Subsections (a) and (b) of section
852 of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1556) are repealed.
SEC. 854. <<NOTE: 10 USC 2304 note.>> DEFENSE PROCUREMENTS MADE THROUGH
CONTRACTS OF OTHER AGENCIES.
(a) Limitation.--The head of an agency may not procure goods or
services (under section 1535 of title 31, United States Code, pursuant
to a designation under section 11302(e) of title 40, United States Code,
or otherwise) through a contract entered into by an agency outside the
Department of Defense for an amount greater than the simplified
acquisition threshold referred to in section 2304(g) of title 10, United
States Code, unless the procurement is done in accordance with
procedures prescribed by that head of an agency for reviewing and
approving the use of such contracts.
(b) Effective Date.--The limitation in subsection (a) shall apply
only with respect to orders for goods or services that are issued by the
head of an agency to an agency outside the Department of Defense on or
after the date that is 180 days after the date of the enactment of this
Act.
(c) Inapplicability to Contracts for Certain Services.--This section
does not apply to procurements of the following services:
(1) Printing, binding, or blank-book work to which section
502 of title 44, United States Code, applies.
(2) Services available under programs pursuant to section
103 of the Library of Congress Fiscal Operations Improvement Act
of 2000 (Public Law 106-481; 114 Stat. 2187; 2 U.S.C. 182c).
(d) Annual Report.--(1) For each of fiscal years 2005 and 2006, each
head of an agency shall submit to the Secretary of Defense a report on
the service charges imposed on purchases made for an amount greater than
the simplified acquisition threshold during such fiscal year through a
contract entered into by an agency outside the Department of Defense.
(2) In the case of procurements made on orders issued by the head of
a Defense Agency, Department of Defense Field Activity, or any other
organization within the Department of Defense (other than a military
department) under the authority of the Secretary of Defense as the head
of an agency, the report under paragraph (1) shall be submitted by the
head of that Defense Agency, Department of Defense Field Activity, or
other organization, respectively.
(3) The report for a fiscal year under this subsection shall be
submitted not later than December 31 of the calendar year in which such
fiscal year ends.
(e) Definitions.--In this section:
(1) The term ``head of an agency'' means the Secretary of
Defense, the Secretary of the Army, the Secretary of the Navy,
the Secretary of the Air Force.
(2) The term ``Defense Agency'' has the meaning given such
term in section 101(a)(11) of title 10, United States Code.
[[Page 118 STAT. 2023]]
(3) The term ``Department of Defense Field Activity'' has
the meaning given such term in section 101(a)(12) of such title.
SEC. 855. REQUIREMENTS RELATING TO SOURCE SELECTION FOR INTEGRATED
SUPPORT OF AERIAL REFUELING AIRCRAFT FLEET FOR THE AIR
FORCE.
For the selection of a provider of integrated support for the aerial
refueling aircraft fleet in any acquisition of aerial refueling aircraft
for the Air Force, the Secretary of the Air Force shall--
(1) before selecting the provider, perform all analyses
required by law of--
(A) the costs and benefits of--
(i) the alternative of using Federal
Government personnel to provide such support; and
(ii) the alternative of using contractor
personnel to provide such support;
(B) the core logistics requirements;
(C) use of performance-based logistics; and
(D) the length of contract period; and
(2) select the provider in accordance with the procedures
under the provisions of law referred to as the Competition in
Contracting Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense
Sec. 901. Study of roles and authorities of the Director of Defense
Research and Engineering.
Sec. 902. Change of membership of specified council.
Subtitle B--Space Activities
Sec. 911. Space posture review.
Sec. 912. Panel on the future of national security space launch.
Sec. 913. Operationally responsive national security satellites.
Sec. 914. Nondisclosure of certain products of commercial satellite
operations.
Subtitle C--Intelligence-Related Matters
Sec. 921. Two-year extension of authority of the Secretary of Defense to
engage in commercial activities as security for intelligence
collection activities abroad.
Sec. 922. Pilot program on cryptologic service training.
Subtitle D--Other Matters
Sec. 931. Strategic plan for destruction of lethal chemical agents and
munitions stockpile.
Sec. 932. Secretary of Defense criteria for and guidance on
identification and internal transmission of critical
information.
Subtitle A--Duties and Functions of Department of Defense
SEC. 901. STUDY OF ROLES AND AUTHORITIES OF THE DIRECTOR OF DEFENSE
RESEARCH AND ENGINEERING.
(a) Study Required.--The Secretary of Defense shall carry out a
study of the roles and authorities of the Director of Defense Research
and Engineering.
(b) Content of Study.--The study under subsection (a) shall include
the following:
[[Page 118 STAT. 2024]]
(1) An examination of the past and current roles and
authorities of the Director of Defense Research and Engineering.
(2) An analysis to determine appropriate future roles and
authorities for the Director, including an analysis of the
following matters:
(A) The relationship of the Director to other senior
science and technology and acquisition officials of the
military departments and the Defense Agencies
(B) The relationship of the Director to the
performance of the following functions:
(i) The planning, programming, and budgeting
of the science and technology programs of the
Department of Defense, including those of the
military departments and the Defense Agencies.
(ii) The management of Department of Defense
laboratories and technical centers, including the
management of the Federal Government scientific
and technical workforce for such laboratories and
centers.
(iii) The promotion of the rapid transition of
technologies to acquisition programs within the
Department of Defense.
(iv) The promotion of the transfer of
technologies into and from the commercial sector.
(v) The coordination of Department of Defense
science and technology activities with
organizations outside the Department of Defense,
including other Federal Government agencies,
international research organizations, industry,
and academia.
(vi) The technical review of Department of
Defense acquisition programs and policies.
(vii) The training and educational activities
for the national scientific and technical
workforce.
(viii) The development of science and
technology policies and programs relating to the
maintenance of the national technology and
industrial base.
(ix) The development of new technologies in
support of the transformation of the Armed Forces.
(3) An examination of the duties of the Director as the
Chief Technology Officer of the Department of Defense as
prescribed by Department of Defense Directive 5134.3, dated
November 3, 2003, especially in comparison to the duties of
similar positions in the Federal Government and industry.
(4) An examination of any other matter that the Secretary
considers appropriate for the study.
(c) Report.--(1) Not later than February 1, 2006, the Secretary
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
the results of the study under this section.
(2) The report shall include recommendations regarding the
appropriate roles and authorities that should be assigned and resources
that should be provided to the Director of Defense Research and
Engineering.
(d) Role of Defense Science Board in Study and Report.--The
Secretary shall act through the Defense Science Board in carrying out
the study under subsection (a) and in preparing the report under
subsection (c).
[[Page 118 STAT. 2025]]
SEC. 902. CHANGE OF MEMBERSHIP OF SPECIFIED COUNCIL.
(a) Membership of Council Under Section 179.--Subsection (a) of
section 179 of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(4) The Under Secretary of Defense for Policy.''.
(b) Conforming and Clarifying Amendments.--Such subsection is
further amended in the matter preceding paragraph (1)--
(1) by striking ``Joint''; and
(2) by striking ``composed of three members as follows:''
and inserting ``operated as a joint activity of the Department
of Defense and the Department of Energy. The membership of the
Council is comprised of the following officers of those
departments:''.
(c) Other Technical and Clarifying Amendments.--Such section is
further amended as follows:
(1) Subsection (c)(3)(B) is amended by striking
``appointed'' and inserting ``designated''.
(2) Subsection (e) is amended by striking ``In addition''
and all that follows through ``also'' and inserting ``The
Council shall''.
(3) Subsection (f) is amended by striking ``Committee on''
the first place it appears and all that follows through
``Representatives'' and inserting ``congressional defense
committees''.
(d) Stylistic Amendments.--Such section is further amended as
follows:
(1) Subsection (a) is amended by inserting ``Establishment;
Membership.--'' after ``(a)''.
(2) Subsection (b) is amended by inserting ``Chairman;
Meetings.--'' after ``(b)''.
(3) Subsection (c) is amended by inserting ``Staff and
Administrative Services; Staff Director.--'' after ``(c)''.
(4) Subsection (d) is amended by inserting
``Responsibilities.--'' after ``(d)''.
(5) Subsection (e) is amended by inserting ``Report on
Difficulties Relating to Safety or Reliability.--'' after
``(e)''.
(6) Subsection (f) is amended by inserting ``Annual
Report.--'' after ``(f)''.
(e) Further Conforming Amendments.--Section 3212(e) of the National
Nuclear Security Administration Act (50 U.S.C. 2402(e)) is amended--
(1) by striking ``Joint'' in the subsection heading; and
(2) by striking ``Joint''.
Subtitle B--Space Activities
SEC. 911. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify the
national security space policy and strategy of the United States for the
near term, the Secretary of Defense shall conduct a comprehensive review
of the space posture of the United States over the posture review
period.
(b) Elements of Review.--The review conducted under subsection (a)
shall include, for the posture review period, the following:
(1) The definition, policy, requirements, and objectives for
each of the following:
(A) Space situational awareness.
[[Page 118 STAT. 2026]]
(B) Space control.
(C) Space superiority, including defensive and
offensive counterspace.
(D) Force enhancement and force application.
(E) Space-based intelligence, surveillance, and
reconnaissance from space.
(F) Any other matter the Secretary considers
relevant to understanding the United States space
posture.
(2) Current and planned space acquisition programs that are
in acquisition categories 1 and 2, including how each such
program will address the policy, requirements, and objectives
described under each of subparagraphs (A) through (F) of
paragraph (1).
(3) Future space systems and technology development (other
than those in development as of the date of the enactment of
this Act) necessary to address the policy, requirements, and
objectives described under each of subparagraphs (A) through (F)
of paragraph (1).
(4) The relationship among--
(A) United States military space policy;
(B) national security space policy;
(C) national security space objectives; and
(D) arms control policy.
(5) Effect of United States military and national security
space policy on the proliferation of weapons capable of
targeting objects in space or objects on Earth from space.
(c) Reports.--(1) Not later than March 15, 2005, the Secretary of
Defense shall submit to the congressional committees specified in
paragraph (4) an interim report on the review conducted under subsection
(a).
(2) Not later than December 31, 2005, the Secretary shall submit to
those committees a final report on that review.
(3) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
(4) The reports under this subsection shall be submitted to the
Committee on Armed Services and the Select Committee on Intelligence of
the Senate and the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
(d) Joint Undertaking With the Director of Central Intelligence (or
Successor).--The Secretary of Defense shall conduct the review under
this section, and shall submit the reports under subsection (c), jointly
with the Director of Central Intelligence (or any successor official who
has responsibility for management of the intelligence community).
(e) Posture Review Period.--In this section, the term ``posture
review period'' means the 10-year period beginning on the first day of
the first month beginning more than one year after the date of the
enactment of this Act.
SEC. 912. PANEL ON THE FUTURE OF NATIONAL SECURITY SPACE LAUNCH.
(a) In General.--(1) The <<NOTE: Contracts.>> Secretary of Defense
shall enter into a contract with a federally funded research and
development center to establish a panel on the future national security
space launch requirements of the United States, including means of
meeting those requirements.
[[Page 118 STAT. 2027]]
(2) <<NOTE: Deadline.>> The Secretary shall enter into the contract
not later than 60 days after the date of the enactment of this Act.
(b) Membership and Administration of Panel.--(1) The panel shall
consist of individuals selected by the federally funded research and
development center from among private citizens of the United States with
knowledge and expertise in one or more of the following areas:
(A) Space launch operations.
(B) Space launch technologies.
(C) Satellite and satellite payloads.
(D) State and national launch complexes.
(E) Space launch economics.
(2) The federally funded research and development center shall
establish appropriate procedures for the administration of the panel,
including designation of the chairman of the panel from among its
members.
(3) All panel members shall hold security clearances appropriate for
the work of the panel.
(4) The panel shall convene its first meeting not later than 30 days
after the date on which all members of the panel have been selected.
(c) Duties.--(1) The panel shall conduct a review and assessment of
the future national security space launch requirements of the United
States, including the means of meeting those requirements.
(2) The review and assessment shall take into account the following
matters:
(A) Launch economics.
(B) Operational concepts and architectures.
(C) Launch technologies, including--
(i) reusable launch vehicles;
(ii) expendable launch vehicles;
(iii) low cost options; and
(iv) revolutionary approaches.
(D) Payloads, including the implications of payloads for
launch requirements.
(E) Launch infrastructure.
(F) Launch industrial base.
(G) Relationships among military, civilian, and commercial
launch requirements.
(3) The review and assessment shall address national security space
launch requirements over each of the 5-year, 10-year, and 15-year
periods beginning with 2005.
(d) Information From Federal and State Agencies.--(1) The panel may
secure directly from the Department of Defense, from any other
department or agency of the Federal Government, and any State government
any information that the panel considers necessary to carry out its
duties.
(2) The Secretary of Defense shall designate at least one senior
civilian employee of the Department of Defense and at least one general
or flag officer of an Armed Force to serve as liaison between the
Department, the Armed Forces, and the panel.
(e) Report.--Not later than one year after the date of the first
meeting of the panel under subsection (b)(4), the panel shall submit to
the Secretary of Defense, the congressional defense committees, the
Select Committee on Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House
[[Page 118 STAT. 2028]]
of Representatives a report on the results of the review and assessment
under subsection (c). The report shall include--
(1) the findings and conclusions of the panel on the future
national security space launch requirements of the United
States, including means of meeting such requirements;
(2) the assessment of panel, and any recommendations of the
panel, on--
(A) launch operational concepts and architectures;
(B) launch technologies;
(C) launch enabling technologies; and
(D) priorities for funding; and
(3) the assessment of the panel as to the best means of
meeting the future national security space launch requirements
of the United States.
(f) Termination.--The panel shall terminate 16 months after the date
of the first meeting of the panel under subsection (b)(4).
(g) Funding.--Amounts authorized to be appropriated to the
Department of Defense shall be available to the Secretary of Defense for
purposes of the contract required by subsection (a).
SEC. 913. OPERATIONALLY RESPONSIVE NATIONAL SECURITY SATELLITES.
(a) Planning, Programming, and Management.--(1) Chapter 135 of title
10, United States Code, is amended by inserting after section 2273 the
following new section:
``Sec. 2273a. Operationally responsive national security payloads and
buses: separate program element required
``(a) Requirement for Program Element.--The Secretary of Defense
shall ensure that, within budget program elements for space programs of
the Department of Defense, there is a separate, dedicated program
element for operationally responsive national security payloads and
buses of the Department of Defense for space satellites and that
programs and activities for such payloads and buses are planned,
programmed, and budgeted for through that program element.
``(b) Management Authority.--The Secretary of Defense shall assign
management authority for the program element required under subsection
(a) to the Director of the Office of Force Transformation of the
Department of Defense.
``(c) Definition of Operationally Responsive.--In this section, the
term `operationally responsive', with respect to a national security
payload and bus for a space satellite, means an experimental or
operational payload and bus with a weight not in excess of 5,000 pounds
that--
``(1) can be developed and acquired within 18 months after
authority to proceed with development is granted; and
``(2) is responsive to requirements for capabilities at the
operational and tactical levels of warfare.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2273 the
following new item:
``2273a. Operationally responsive national security payloads and buses:
separate program element required.''.
(b) Time for Implementation.--Subsection (a) <<NOTE: 10 USC 2273a
note.>> of section 2273a of title 10, United States Code, as added by
subsection (a), shall apply with respect to fiscal years after fiscal
year 2005.
[[Page 118 STAT. 2029]]
SEC. 914. <<NOTE: 5 USC 552 note.>> NONDISCLOSURE OF CERTAIN PRODUCTS OF
COMMERCIAL SATELLITE OPERATIONS.
(a) Mandatory Disclosure Requirements Inapplicable.--The
requirements to make information available under section 552 of title 5,
United States Code, shall not apply to land remote sensing information.
(b) Land Remote Sensing Information Defined.--In this section, the
term ``land remote sensing information''--
(1) means any data that--
(A) are collected by land remote sensing; and
(B) are prohibited from sale to customers other than
the United States Government and United States
Government-approved customers for reasons of national
security pursuant to the terms of an operating license
issued pursuant to the Land Remote Sensing Policy Act of
1992 (15 U.S.C. 5601 et seq.); and
(2) includes any imagery and other product that is derived
from such data and which is prohibited from sale to customers
other than the United States Government and United States
Government-approved customers for reasons of national security
pursuant to the terms of an operating license described in
paragraph (1)(B).
(c) State or Local Government Disclosures.--Land remote sensing
information provided by the head of a department or agency of the United
States to a State, local, or tribal government may not be made available
to the general public under any State, local, or tribal law relating to
the disclosure of information or records.
(d) Safeguarding Information.--The head of each department or agency
of the United States having land remote sensing information within that
department or agency or providing such information to a State, local, or
tribal government shall take such actions, commensurate with the
sensitivity of that information, as are necessary to protect that
information from disclosure other than in accordance with this section
and other applicable law.
(e) Additional Definition.--In this section, the term ``land remote
sensing'' has the meaning given such term in section 3 of the Land
Remote Sensing Policy Act of 1992 (15 U.S.C. 5602).
(f) Disclosure to Congress.--Nothing in this section shall be
construed to authorize the withholding of information from the
appropriate committees of Congress.
Subtitle C--Intelligence-Related Matters
SEC. 921. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY OF DEFENSE TO
ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE
COLLECTION ACTIVITIES ABROAD.
Section 431(a) of title 10, United States Code, is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2006''.
SEC. 922. <<NOTE: 50 USC 402 note.>> PILOT PROGRAM ON CRYPTOLOGIC
SERVICE TRAINING.
(a) Program Authorized.--The Director of the National Security
Agency may carry out a pilot program on cryptologic service training for
the intelligence community.
(b) Objective of Program.--The objective of the pilot program is to
increase the number of qualified entry-level language analysts
[[Page 118 STAT. 2030]]
and intelligence analysts available to the National Security Agency and
the other elements of the intelligence community through the directed
preparation and recruitment of qualified entry-level language analysts
and intelligence analysts who commit to a period of service or a career
in the intelligence community.
(c) Program Scope.--The pilot program shall be national in scope.
(d) Program Participants.--(1) Subject to the provisions of this
subsection, the Director shall select the participants in the pilot
program from among individuals qualified to participate in the pilot
program utilizing such procedures as the Director considers appropriate
for purposes of the pilot program.
(2) Each individual who receives financial assistance under the
pilot program shall perform one year of obligated service with the
National Security Agency, or another element of the intelligence
community approved by the Director, for each academic year for which
such individual receives such financial assistance upon such
individual's completion of post-secondary education.
(3) Each individual selected to participate in the pilot program
shall be qualified for a security clearance appropriate for the
individual under the pilot program.
(4) The total number of participants in the pilot program at any one
time may not exceed 400 individuals.
(e) Program Management.--In carrying out the pilot program, the
Director shall--
(1) identify individuals interested in working in the
intelligence community, and committed to taking college-level
courses that will better prepare them for a career in the
intelligence community as a language analyst or intelligence
analyst;
(2) provide each individual selected for participation in
the pilot program--
(A) financial assistance for the pursuit of courses
at institutions of higher education selected by the
Director in fields of study that will qualify such
individual for employment by an element of the
intelligence community as a language analyst or
intelligence analyst; and
(B) educational counseling on the selection of
courses to be so pursued; and
(3) provide each individual so selected information on the
opportunities available for employment in the intelligence
community.
(f) Duration of Program.--(1) The Director shall terminate the pilot
program not later than six years after the date of the enactment of this
Act.
(2) The termination of the pilot program under paragraph (1) shall
not prevent the Director from continuing to provide assistance,
counseling, and information under subsection (e) to individuals who are
participating in the pilot program on the date of termination of the
pilot program throughout the academic year in progress as of that date.
[[Page 118 STAT. 2031]]
Subtitle D--Other Matters
SEC. 931. STRATEGIC PLAN FOR DESTRUCTION OF LETHAL CHEMICAL AGENTS AND
MUNITIONS STOCKPILE.
Subsection (d) of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), is amended to read as follows:
``(d) Requirement for Strategic Plan.--(1) The Under Secretary of
Defense for Acquisition, Technology, and Logistics and the Secretary of
the Army shall jointly prepare, and from time to time shall update as
appropriate, a strategic plan for future activities for destruction of
the United States' stockpile of lethal chemical agents and munitions.
``(2) The plan shall include, at a minimum, the following
considerations:
``(A) Realistic budgeting for stockpile destruction and
related support programs.
``(B) Contingency planning for foreseeable or anticipated
problems.
``(C) A management approach and associated actions that
address compliance with the obligations of the United States
under the Chemical Weapons Convention treaty and that take full
advantage of opportunities to accelerate destruction of the
stockpile.
``(3) The Secretary of Defense shall each year submit to the
Committee on the Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives the strategic plan as most
recently prepared and updated under paragraph (1). Such submission shall
be made each year at the time of the submission to the Congress that
year of the President's budget for the next fiscal year.''.
SEC. 932. <<NOTE: 10 USC 113 note.>> SECRETARY OF DEFENSE CRITERIA FOR
AND GUIDANCE ON IDENTIFICATION AND INTERNAL TRANSMISSION OF
CRITICAL INFORMATION.
(a) Criteria for Critical Information.--(1) The Secretary of Defense
shall establish criteria for determining categories of critical
information that should be made known expeditiously to senior civilian
and military officials in the Department of Defense. Those categories
should be limited to matters of extraordinary significance and strategic
impact to which rapid access by those officials is essential to the
successful accomplishment of the national security strategy or a major
military mission. The Secretary may from time to time modify the list to
suit the current strategic situation.
(2) The Secretary shall provide the criteria established under
paragraph (1) to the Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments, the commanders of the unified
and specified commands, the commanders of deployed forces, and such
other elements of the Department of Defense as the Secretary considers
necessary.
(b) Matters To Be Included.--The criteria established under
subsection (a) shall include, at a minimum, requirement for
identification of the following:
(1) Any incident that may result in a contingency operation,
based on the incident's nature, gravity, or potential for
significant adverse consequences to United States citizens,
military
[[Page 118 STAT. 2032]]
personnel, interests, or assets, including an incident that
could result in significant adverse publicity having a major
strategic impact.
(2) Any event, development, or situation that could be
reasonably assumed to escalate into an incident described in
paragraph (1).
(3) Any deficiency or error in policy, standards, or
training that could be reasonably assumed to have the effects
described in paragraph (1).
(c) Requirements for Transmission of Critical Information.--The
criteria under subsection (a) shall include such requirements for
transmission of such critical information to such senior civilian and
military officials of the Department of Defense as the Secretary of
Defense considers appropriate.
(d) Time for Issuance of Criteria.--The Secretary of Defense shall
establish the criteria required by subsection (a) not later than 120
days after the date of the enactment of this Act.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2005.
Sec. 1003. Budget justification documents for operation and maintenance.
Sec. 1004. Licensing of intellectual property.
Sec. 1005. Repeal of funding restrictions concerning development of
medical countermeasures against biological warfare threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency
fluctuations.
Sec. 1007. Fiscal year 2004 transfer authority.
Sec. 1008. Clarification of fiscal year 2004 funding level for a
National Institute of Standards and Technology account.
Sec. 1009. Notification of fund transfers from working-capital funds.
Sec. 1010. Charges for Defense Logistics Information Services materials.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Authority for award of contracts for ship dismantling on net-
cost basis.
Sec. 1012. Use of proceeds from exchange and sale of obsolete navy
service craft and boats.
Sec. 1013. Transfer of naval vessels to certain foreign recipients.
Sec. 1014. Independent study to assess cost effectiveness of the Navy
ship construction program.
Sec. 1015. Limitation on disposal of obsolete naval vessel.
Subtitle C--Counterdrug Matters
Sec. 1021. Use of funds for unified counterdrug and counterterrorism
campaign in Colombia.
Sec. 1022. Sense of Congress and report regarding counter-drug efforts
in Afghanistan.
Subtitle D--Matters Relating to Museums and Commemorations
Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City,
Missouri, as America's National World War I Museum.
Sec. 1032. Program to commemorate 60th anniversary of World War II.
Sec. 1033. Annual report on Department of Defense operation and
financial support for military museums.
Subtitle E--Reports
Sec. 1041. Quarterly detailed accounting for operations conducted as
part of the Global War on Terrorism.
Sec. 1042. Report on post-major combat operations phase of Operation
Iraqi Freedom.
Sec. 1043. Report on training provided to members of the Armed Forces to
prepare for post-conflict operations.
[[Page 118 STAT. 2033]]
Sec. 1044. Report on establishing National Centers of Excellence for
unmanned aerial and ground vehicles.
Sec. 1045. Study of continued requirement for two-crew manning for
ballistic missile submarines.
Sec. 1046. Report on Department of Defense programs for prepositioning
of materiel and equipment.
Sec. 1047. Report on al Quaeda and associated groups in Latin America
and the Caribbean.
Subtitle F--Defense Against Terrorism and Other Domestic Security
Matters
Sec. 1051. Acceptance of communications equipment provided by local
public safety agencies.
Sec. 1052. Determination and report on full-time airlift support for
homeland defense operations.
Sec. 1053. Survivability of critical systems exposed to chemical or
biological contamination.
Subtitle G--Personnel Security Matters
Sec. 1061. Use of National Driver Register for personnel security
investigations and determinations.
Sec. 1062. Standards for disqualification from eligibility for
Department of Defense security clearance.
Subtitle H--Transportation-Related Matters
Sec. 1071. Use of military aircraft to transport mail to and from
overseas locations.
Sec. 1072. Reorganization and clarification of certain provisions
relating to control and supervision of transportation within
the Department of Defense.
Sec. 1073. Evaluation of procurement practices relating to
transportation of security-sensitive cargo.
Subtitle I--Other Matters
Sec. 1081. Liability protection for Department of Defense volunteers
working in maritime environment.
Sec. 1082. Sense of Congress concerning media coverage of the return to
the United States of the remains of deceased members of the
Armed Forces from overseas.
Sec. 1083. Transfer of historic F3A-1 Brewster Corsair aircraft.
Sec. 1084. Technical and clerical amendments.
Sec. 1085. Preservation of search and rescue capabilities of the Federal
Government.
Sec. 1086. Acquisition of aerial firefighting equipment for National
Interagency Fire Center.
Sec. 1087. Revision to requirements for recognition of institutions of
higher education as Hispanic-serving institutions for
purposes of certain grants and contracts.
Sec. 1088. Military extraterritorial jurisdiction over contractors
supporting defense missions overseas.
Sec. 1089. Definition of United States for purposes of Federal crime of
torture.
Sec. 1090. Energy savings performance contracts.
Sec. 1091. Sense of Congress and policy concerning persons detained by
the United States.
Sec. 1092. Actions to prevent the abuse of detainees.
Sec. 1093. Reporting requirements.
Sec. 1094. Findings and sense of Congress concerning Army Specialist
Joseph Darby.
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination by
the Secretary of Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for fiscal year
2005 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the authorization
to which transferred.
[[Page 118 STAT. 2034]]
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$3,500,000,000.
(b) Limitations.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2005.
(a) Fiscal Year 2005 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2005 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2004, of funds appropriated for fiscal years before
fiscal year 2005 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $756,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $222,492,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-funded
budgets of NATO'' means the Military Budget, the Security
Investment Program, and the Civil Budget of the North Atlantic
Treaty Organization (and any successor or additional account or
program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term ``fiscal
year 1998 baseline limitation'' means the maximum annual amount
of Department of Defense contributions for common-funded budgets
of NATO that is set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the advice
and consent of the Senate to the ratification of the Protocols
to the North Atlantic Treaty of 1949 on the Accession of Poland,
Hungary, and the Czech Republic (as
[[Page 118 STAT. 2035]]
defined in section 4(7) of that resolution), approved by the
Senate on April 30, 1998.
SEC. 1003. BUDGET JUSTIFICATION DOCUMENTS FOR OPERATION AND MAINTENANCE.
(a) In General.--(1) Chapter 9 of title 10, United States Code, is
amended by adding after section 232, as added by section 214(a), the
following new section:
``Sec. 233. Operation and maintenance budget presentation
``(a) Identification of Baseline Amounts in O&M Justification
Documents.--In any case in which the amount requested in the President's
budget for a fiscal year for a Department of Defense operation and
maintenance program, project, or activity is different from the amount
appropriated for that program, project, or activity for the current
year, the O&M justification documents supporting that budget shall
identify that appropriated amount and the difference between that amount
and the amount requested in the budget, stated as an amount and as a
percentage.
``(b) Navy for Ship Depot Maintenance and for Intermediate Ship
Maintenance.--In the O&M justification documents for the Navy for any
fiscal year, amounts requested for ship depot maintenance and amounts
requested for intermediate ship maintenance shall be identified and
distinguished.
``(c) Definitions.--In this section:
``(1) The term `O&M justification documents' means
Department of Defense budget justification documents with
respect to accounts for operation and maintenance submitted to
the congressional defense committees in support of the
Department of Defense component of the President's budget for
any fiscal year.
``(2) The term `President's budget' means the budget of the
President submitted to Congress under section 1105 of title 31
for any fiscal year.
``(3) The term `current year' means the fiscal year during
which the President's budget is submitted in any year.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 232, as added by
section 214(b), the following new item:
``233. Operation and maintenance budget presentation.''.
(b) Components of Line Items for Other Costs and Other Contracts.--
Not later than <<NOTE: Deadline. Reports.>> March 1, 2005, the Secretary
of Defense shall submit to the congressional defense committees a report
setting forth the component elements of the line items identified as
``Other Costs'' and ``Other Contracts'' in the exhibit identified as
``Summary of Price and Program Changes'' in the budget justification
materials submitted to those committees in support of the budget for
fiscal year 2006.
SEC. 1004. LICENSING OF INTELLECTUAL PROPERTY.
(a) Authority.--Subchapter II of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2260. Licensing of intellectual property: retention of fees
``(a) Authority.--Under <<NOTE: Regulations.>> regulations
prescribed by the Secretary of Defense, the Secretary concerned may
license trademarks, service
[[Page 118 STAT. 2036]]
marks, certification marks, and collective marks owned or controlled by
the Secretary concerned and may retain and expend fees received from
such licensing in accordance with this section.
``(b) Designated Marks.--The Secretary concerned shall designate the
trademarks, service marks, certification marks, and collective marks
regarding which the Secretary will exercise the authority to retain
licensing fees under this section.
``(c) Use of Fees.--The Secretary concerned shall use fees retained
under this section for the following purposes:
``(1) For payment of the following costs incurred by the
Secretary:
``(A) Costs of securing trademark registrations.
``(B) Costs of operating the licensing program under
this section.
``(2) For morale, welfare, and recreation activities under
the jurisdiction of the Secretary, to the extent (if any) that
the total amount of the licensing fees available under this
section for a fiscal year exceed the total amount needed for
such fiscal year under paragraph (1).
``(d) Availability.--Fees received in a fiscal year and retained
under this section shall be available for obligation in such fiscal year
and the following two fiscal years.
``(e) Definitions.--In this section, the terms `trademark', `service
mark', `certification mark', and `collective mark' have the meanings
given such terms in section 45 of the Act of July 5, 1946 (commonly
referred to as the Trademark Act of 1946; 15 U.S.C. 1127).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2260. Licensing of intellectual property: retention of fees.''.
SEC. 1005. REPEAL OF FUNDING RESTRICTIONS CONCERNING DEVELOPMENT OF
MEDICAL COUNTERMEASURES AGAINST BIOLOGICAL WARFARE THREATS.
(a) Repeal.--Section 2370a of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of such title is amended by striking the item relating to
that section.
SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOREIGN CURRENCY
FLUCTUATIONS.
(a) Secretary of Defense Report.--(1) Not later than December 1,
2004, the Secretary of Defense 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 the foreign currency exchange rate
projection used in annual Department of Defense budget presentations.
(2) In the report under paragraph (1), the Secretary shall--
(A) identify alternative approaches for selecting foreign
currency exchange rates that would produce more realistic
estimates of amounts required to be appropriated or otherwise
made available for the Department of Defense to accommodate
foreign currency exchange rate fluctuations;
(B) discuss the advantages and disadvantages of each
approach identified pursuant to subparagraph (A); and
[[Page 118 STAT. 2037]]
(C) identify the Secretary's preferred approach among the
alternatives identified pursuant to subparagraph (A) and provide
the Secretary's rationale for preferring that approach.
(3) In identifying alternative approaches pursuant to paragraph
(2)(A), the Secretary shall examine--
(A) approaches used by other Federal departments and
agencies; and
(B) the feasibility of using private economic forecasting.
(b) Comptroller General Review and Report.--The Comptroller General
shall review the report under subsection (a), including the basis for
the Secretary's conclusions stated in the report, and shall submit, not
later than January 15, 2005, to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report containing the results of that review.
SEC. 1007. FISCAL YEAR 2004 TRANSFER AUTHORITY.
Section 1001(a)(2) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1582) is amended by
striking ``$2,500,000,000'' and inserting ``$2,800,000,000''.
SEC. 1008. CLARIFICATION OF FISCAL YEAR 2004 FUNDING LEVEL FOR A
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACCOUNT.
For the purposes of applying sections 204 and 605 of the Departments
of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (division B of Public Law 108-199) to matters
in title II of such Act under the heading ``National Institute of
Standards and Technology'' (118 Stat. 69), in the account under the
heading ``industrial technology services'', the Secretary of Commerce
shall make all determinations based on the Industrial Technology
Services funding level of $218,782,000 for reprogramming and
transferring of funds for the Manufacturing Extension Partnership
program and may submit such a reprogramming or transfer, as the case may
be, to the appropriate committees within 30 days after the date of the
enactment of this Act.
SEC. 1009. NOTIFICATION OF FUND TRANSFERS FROM WORKING-CAPITAL FUNDS.
Section 2208 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(r) Notification of Transfers.--(1) Notwithstanding any authority
provided in this section to transfer funds, the transfer of funds from a
working-capital fund, including a transfer to another working-capital
fund, shall not be made under such authority unless the Secretary of
Defense submits, in advance, a notification of the proposed transfer to
the congressional defense committees in accordance with customary
procedures.
``(2) The amount of a transfer covered by a notification under
paragraph (1) that is made in a fiscal year does not count toward any
limitation on the total amount of transfers that may be made for that
fiscal year under authority provided to the Secretary of Defense 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 Defense.''.
[[Page 118 STAT. 2038]]
SEC. 1010. CHARGES FOR DEFENSE LOGISTICS INFORMATION 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:
``Sec. 197. Defense Logistics Agency: fees charged for logistics
information
``(a) Authority.--The Secretary of Defense may charge fees for
providing information in the Federal Logistics Information System
through Defense Logistics Information 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 subsection (a) shall
be such amount or amounts as the Secretary of Defense determines
appropriate for recovering the costs of providing information as
described in such subsection.
``(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 Information Services' means the
organization within the Defense 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.''.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR SHIP DISMANTLING ON NET-
COST BASIS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by inserting after section 7305 the following new section:
``Sec. 7305a. Vessels stricken from Naval Vessel Register: contracts for
dismantling on net-cost basis
``(a) Authority for Net-Cost Basis Contracts.--When the Secretary of
the Navy awards a contract for the dismantling of a vessel stricken from
the Naval Vessel Register, the Secretary may award the contract on a
net-cost basis.
``(b) Retention by Contractor of Proceeds of Sale of Scrap and
Reusable Items.--When the Secretary awards a contract on a net-cost
basis under subsection (a), the Secretary shall provide in the contract
that the contractor may retain the proceeds from the sale of scrap and
reusable items removed from the vessel dismantled under the contract.
``(c) Definitions.--In this section:
``(1) The term `net-cost basis', with respect to a contract
for the dismantling of a vessel, means that the amount to be
paid to the contractor under the contract for dismantling
[[Page 118 STAT. 2039]]
and for removal and disposal of hazardous waste material is
discounted by the offeror's estimate of the value of scrap and
reusable items that the contractor will remove from the vessel
during performance of the contract.
``(2) The term `scrap' means personal property that has no
value except for its basic material content.
``(3) The term `reusable item' means a demilitarized
component or a removable portion of a vessel or equipment that
the Secretary of the Navy has identified as excess to the needs
of the Navy but which has potential resale value on the open
market.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7305 the following new item:
``7305a. Vessels stricken from Naval Vessel Register: contracts for
dismantling on net-cost basis.''.
SEC. 1012. USE OF PROCEEDS FROM EXCHANGE AND SALE OF OBSOLETE NAVY
SERVICE CRAFT AND BOATS.
(a) Costs of Preparation for Disposal.--(1) Chapter 633 of title 10,
United States Code, is amended by inserting after section 7311 the
following new section:
``Sec. 7312. Service craft stricken from Naval Vessel Register; obsolete
boats: use of proceeds from exchange or sale
``(a) Exchange or Sale of Similar Items.--When the Secretary of the
Navy sells an obsolete service craft or an obsolete boat, or exchanges
such a craft or boat in a transaction for which a similar craft or boat
is acquired, the Secretary may retain the proceeds of the sale or the
exchange allowance from the exchange, as the case may be, and apply the
proceeds of sale or the exchange allowance for any of the following
purposes:
``(1) For payment, in whole or in part, for a similar
service craft or boat acquired as a replacement, as authorized
by section 503 of title 40.
``(2) For reimbursement, to the extent practicable, of the
appropriate accounts of the Navy for the full costs of
preparation of such obsolete craft or boat for such sale or
exchange.
``(3) For deposit to the special account established under
subsection (b), to be available in accordance with that
subsection.
``(b) Special Account.--Amounts retained under subsection (a) that
are not applied as provided in paragraph (1) or (2) of that subsection
shall be deposited into a special account. Amounts in the account shall
be available under subsection (c) without regard to fiscal year
limitation. Amounts in the account that the Secretary of the Navy
determines are not needed for the purpose stated in subsection (c) shall
be transferred at least annually to the General Fund of the Treasury.
``(c) Costs of Preparation of Obsolete Service Craft and Boats for
Future Sale or Exchange.--The Secretary may use amounts in the account
under subsection (b) for payment, in whole or in part, for the full
costs of preparation of obsolete service craft and obsolete boats for
future sale or exchange.
``(d) Costs of Preparation for Sale or Exchange.--In this section,
the term `full costs of preparation' means the full costs
[[Page 118 STAT. 2040]]
(direct and indirect) incurred by the Navy in preparing an obsolete
service craft or an obsolete boat for exchange or sale, including the
cost of the following:
``(1) Towing.
``(2) Storage.
``(3) Defueling.
``(4) Removal and disposal of hazardous wastes.
``(5) Environmental surveys to determine the presence of
regulated materials containing polychlorinated biphenyl (PCB)
and, if such materials are found, the removal and disposal of
such materials.
``(6) Other costs related to such preparation.
``(e) Obsolete Service Craft.--For purposes of this section, an
obsolete service craft is a service craft that has been stricken from
the Naval Vessel Register.
``(f) Inapplicability of Advertising Requirement.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) does not apply to sales of service
craft and boats described in subsection (a).
``(g) Regulations.--The Secretary of the Navy shall prescribe
regulations for the purposes of this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7311 the
following new item:
``7312. Service craft stricken from Naval Vessel Register; obsolete
boats: use of proceeds from exchange or sale.''.
(b) Applicability.--Section 7312 <<NOTE: 10 USC 7312 note.>> of
title 10, United States Code, as added by subsection (a), shall apply
with respect to amounts received on or after the date of the enactment
of this Act and to amounts received before the date of the enactment of
this Act and not obligated as of that date.
SEC. 1013. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.
(a) Transfers by Grant.--The <<NOTE: President.>> President is
authorized to transfer vessels to foreign recipients on a grant basis
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j), as follows:
(1) Chile.--To the Government of Chile, the SPRUANCE class
destroyer USS O'BANNON (DD-987).
(2) Portugal.--To the Government of Portugal, the OLIVER
HAZARD PERRY class guided missile frigates GEORGE PHILIP (FFG-
12) and SIDES (FFG-14).
(b) Transfers by Sale.--The President is authorized to transfer
vessels to foreign recipients on a sale basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761), as follows:
(1) Chile.--To the Government of Chile, the SPRUANCE class
destroyer FLETCHER (DD-992).
(2) Taiwan.--To the Taipei Economic and Cultural
Representative Office of the United States (which is the Taiwan
instrumentality designated pursuant to section 10(a) of the
Taiwan Relations Act (22 U.S.C. 3309(a))), the ANCHORAGE class
dock landing ship ANCHORAGE (LSD-36).
(c) Grants Not Counted in Annual Total of Transferred Excess Defense
Articles.--The value of a vessel transferred to another country on a
grant basis pursuant to authority provided by subsection (a) shall not
be counted against the aggregate value of excess defense articles
transferred to countries in any fiscal
[[Page 118 STAT. 2041]]
year under section 516(g) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(g)).
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized under subsection (a) or (b)
shall be charged to the recipient.
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the <<NOTE: President.>> President shall
require, as a condition of the transfer of a vessel under this section,
that the country to which the vessel is transferred have such repair or
refurbishment of the vessel as is needed, before the vessel joins the
naval forces of that country, performed at a shipyard located in the
United States, including a United States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
SEC. 1014. INDEPENDENT STUDY TO ASSESS COST EFFECTIVENESS OF THE NAVY
SHIP CONSTRUCTION PROGRAM.
(a) Study.--The Secretary of Defense shall provide for a study of
the cost effectiveness of the ship construction program of the Navy. The
study shall be conducted by a group of industrial experts independent of
the Department of Defense. The study shall examine both--
(1) a variety of approaches by which the Navy ship
construction program could be made more efficient in the near
term; and
(2) a variety of approaches by which, with a nationally
integrated effort over the next decade, the United States
shipbuilding industry might enhance its health and viability.
(b) Near-Term Improvements in Efficiency.--With respect to the
examination under subsection (a)(1) of approaches by which the Navy ship
construction program could be made more efficient in the near term, the
Secretary shall provide for the persons conducting the study to--
(1) determine the potential cost savings on an annual basis,
with an estimate of return on investment, from implementation of
each approach examined; and
(2) establish priorities for potential implementation of the
approaches examined.
(c) United States Shipbuilding Infrastructure Modernization Plan.--
With respect to the examination under subsection (a)(2) of approaches by
which the United States shipbuilding industry might enhance its health
and viability through a nationally integrated effort over the next
decade, the Secretary shall provide for the persons conducting the study
to--
(1) propose a plan incorporating a variety of approaches
that would modernize the United States shipbuilding
infrastructure within the next decade, resulting in a healthier
and more viable shipbuilding industrial base;
(2) establish priorities for potential implementation of the
approaches examined; and
(3) estimate the resources required to implement each of the
approaches examined.
(d) Report.--Not later than October 1, 2005, the Secretary of
Defense shall submit a report to the congressional defense committees
providing the results of the study under subsection
[[Page 118 STAT. 2042]]
(a). The report shall include the matters specified in subsections (b)
and (c).
SEC. 1015. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL VESSEL.
The Secretary of the Navy may not dispose of the decommissioned
destroyer ex-Edson (DD-946) before October 1, 2007, to an entity that is
not a nonprofit organization unless the Secretary first determines that
there is no nonprofit organization that meets the criteria for donation
of that vessel under section 7306(a)(3) of title 10, United States Code.
Subtitle C--Counterdrug Matters
SEC. 1021. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM
CAMPAIGN IN COLOMBIA.
(a) Authority.--(1) In fiscal years 2005 and 2006, funds available
to the Department of Defense to provide assistance to the Government of
Colombia may be used by the Secretary of Defense to support a unified
campaign by the Government of Colombia against narcotics trafficking and
against activities by organizations designated as terrorist
organizations, such as the Revolutionary Armed Forces of Colombia
(FARC), the National Liberation Army (ELN), and the United Self-Defense
Forces of Colombia (AUC).
(2) The authority to provide assistance for a campaign under this
subsection includes authority to take actions to protect human health
and welfare in emergency circumstances, including the undertaking of
rescue operations.
(b) Applicability of Certain Laws and Limitations.--The use of funds
pursuant to the authority in subsection (a) shall be subject to the
following:
(1) Sections 556, 567, and 568 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2002
(Public Law 107-115; 115 Stat. 2160, 2165, and 2166).
(2) Section 8076 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 988).
(c) Numerical Limitation on Assignment of United States Personnel.--
Notwithstanding section 3204(b) of the Emergency Supplemental Act, 2000
(Division B of Public Law 106-246; 114 Stat. 575), as amended by the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2131), the
number of United States personnel assigned to conduct activities in
Colombia in connection with support of Plan Colombia under subsection
(a) in fiscal years 2005 and 2006 shall be subject to the following
limitations:
(1) The number of United States military personnel assigned
for temporary or permanent duty in Colombia in connection with
support of Plan Colombia may not exceed 800.
(2) The number of United States individual citizens retained
as contractors in Colombia in connection with support of Plan
Colombia who are funded by Federal funds may not exceed 600.
(d) Limitation on Participation of United States Personnel.--No
United States Armed Forces personnel, United States civilian employees,
or United States civilian contractor personnel employed by the United
States may participate in any combat operation in connection with
assistance using funds pursuant to
[[Page 118 STAT. 2043]]
the authority in subsection (a), except for the purpose of acting in
self defense or of rescuing any United States citizen, including any
United States Armed Forces personnel, United States civilian employee,
or civilian contractor employed by the United States.
(e) Relation to Other Authority.--The authority provided by
subsection (a) is in addition to any other authority in law to provide
assistance to the Government of Colombia.
(f) Report on Relationships Between Terrorist Organizations in
Colombia and Foreign Governments and Organizations.--(1) Not later than
60 days after the date of the enactment of this Act, the Secretary of
State, in consultation with the Secretary of Defense and the Director of
Central Intelligence, shall submit to the congressional defense
committees and the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives a
report that describes--
(A) any relationships between foreign governments or
organizations and organizations based in Colombia that have been
designated as foreign terrorist organizations under United
States law, including the provision of any direct or indirect
assistance to such organizations; and
(B) United States policies that are designed to address such
relationships.
(2) The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 1022. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS
IN AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President should make the substantial reduction of
illegal drug trafficking in Afghanistan a priority in the Global
War on Terrorism;
(2) the Secretary of Defense, in coordination with the
Secretary of State and the heads of other appropriate Federal
agencies, should expand cooperation with the Government of
Afghanistan and international organizations involved in counter-
drug activities to assist in providing a secure environment for
counter-drug personnel in Afghanistan; and
(3) the United States, in conjunction with the Government of
Afghanistan and coalition partners, should undertake additional
efforts to reduce illegal drug trafficking and related
activities that provide financial support for terrorist
organizations in Afghanistan and neighboring countries.
(b) Report Required.--(1) The Secretary of Defense and the Secretary
of State shall jointly prepare a report that describes--
(A) the progress made towards substantially reducing poppy
cultivation and heroin production capabilities in Afghanistan;
and
(B) the extent to which profits from illegal drug activity
in Afghanistan are used to financially support terrorist
organizations and groups seeking to undermine the Government of
Afghanistan.
(2) The report required by this subsection shall be submitted to
Congress not later than 120 days after the date of the enactment of this
Act.
[[Page 118 STAT. 2044]]
Subtitle D--Matters Relating to Museums and Commemorations
SEC. 1031. RECOGNITION OF THE LIBERTY MEMORIAL MUSEUM, KANSAS CITY,
MISSOURI, AS AMERICA'S NATIONAL WORLD WAR I MUSEUM.
(a) Findings.--Congress makes the following findings:
(1) The Liberty Memorial Museum in Kansas City, Missouri,
was built in honor of those individuals who served in World War
I in defense of liberty and the United States.
(2) The Liberty Memorial Association, the nonprofit
organization that originally built the Liberty Memorial Museum,
is responsible for the finances, operations, and collections
management of the Liberty Memorial Museum.
(3) The Liberty Memorial Museum is the only public museum in
the United States that exists for the exclusive purpose of
interpreting the experiences of the United States and its allies
in the World War I years (1914-1918), both on the battlefield
and on the home front.
(4) The Liberty Memorial Museum project began after the 1918
Armistice through the efforts of a large-scale, grass-roots
civic and fundraising effort by the citizens of the Kansas City
metropolitan area, including veterans of World War I. After the
conclusion of a national architectural design competition,
ground was broken in 1921, construction began in 1923, and the
Liberty Memorial Museum was opened to the public in 1926.
(5) In 1994, the Liberty Memorial Museum closed for a
massive restoration and expansion project. The restored museum
reopened to the public on Memorial Day in 2002 during a gala
rededication ceremony.
(6) Exhibits prepared for the original museum buildings
presaged the dramatic, underground expansion of core exhibition
gallery space, with over 30,000 square feet of new interpretive
and educational exhibits currently in development. The new
exhibits, along with an expanded research library and archives,
will more fully utilize the many thousands of historical
objects, books, maps, posters, photographs, diaries, letters,
and reminiscences of World War I participants that are preserved
for posterity in the collections of the Liberty Memorial Museum.
The new core exhibition is scheduled to open on Veterans Day in
2006.
(7) The City of Kansas City, the State of Missouri, and
thousands of private donors and philanthropic foundations have
contributed millions of dollars to first build and later restore
the Liberty Memorial Museum. The Liberty Memorial Museum
continues to receive the strong support of residents from the
States of Missouri and Kansas and across the United States.
(8) Since its restoration and rededication in 2002, the
Liberty Memorial Museum has attracted thousands of visitors from
across the United States and many foreign countries.
(9) There remains a need to preserve in a museum setting
evidence of the honor, courage, patriotism, and sacrifice of
those Americans who offered their services and who gave their
lives in defense of liberty during World War I, evidence of
[[Page 118 STAT. 2045]]
the roles of women and African Americans during World War I, and
evidence of other relevant subjects.
(10) The Liberty Memorial Museum seeks to educate a diverse
group of audiences through its comprehensive collection of
historical materials, emphasizing eyewitness accounts of the
participants on the battlefield and the home front and the
impact of World War I on individuals, then and now. The Liberty
Memorial Museum continues to actively acquire and preserve such
materials.
(11) A great opportunity exists to use the invaluable
resources of the Liberty Memorial Museum to teach the ``Lessons
of Liberty'' to schoolchildren in the United States through on-
site visits, classroom curriculum development, distance-learning
activities, and other educational initiatives.
(12) The Liberty Memorial Museum should remain the foremost
museum in the United States regarding the national experience in
the World War I years, which people can visit to learn about
World War I and where the history of this monumental struggle
will be preserved so that current and future generations may
understand the role played by the United States in the
preservation and advancement of democracy, freedom, and liberty
in the early 20th century.
(13) The work of the Liberty Memorial Museum to recognize
and preserve the history of the Nation's sacrifices in World War
I will take on added significance as the centennial observance
of the war approaches.
(14) It is fitting and proper to refer to the Liberty
Memorial Museum as ``America's National World War I Museum''.
(b) Congressional Recognition.--Congress--
(1) recognizes the Liberty Memorial Museum in Kansas City,
Missouri, including the museum's future and expanded exhibits,
collections, library, archives, and educational programs, as
``America's National World War I Museum'';
(2) recognizes that the continuing collection, preservation,
and interpretation of the historical objects and other
historical materials held by the Liberty Memorial Museum will
enhance the knowledge and understanding of the experiences of
the United States and its allies in the World War I years (1914-
1918), both on the battlefield and on the home front;
(3) commends the ongoing development and visibility of the
``Lessons of Liberty'' educational outreach programs prepared by
the Liberty Memorial Museum for teachers and students throughout
the United States; and
(4) encourages present generations of Americans to
understand the magnitude of World War I, how it shaped the
United States, other countries, and later world events, and how
the sacrifices made by Americans then helped preserve liberty,
democracy, and other founding principles of the United States
for generations to come.
SEC. 1032. <<NOTE: 10 USC 113 note.>> PROGRAM TO COMMEMORATE 60TH
ANNIVERSARY OF WORLD WAR II.
(a) In General.--For fiscal year 2005, the Secretary of Defense may
conduct a program--
(1) to commemorate the 60th anniversary of World War II; and
[[Page 118 STAT. 2046]]
(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 contributions 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;
(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 established 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 operation and maintenance
of Defense Agencies, such amounts as the Secretary considers appropriate
to conduct the program referred to in subsection (a).
(3) The Secretary may use the funds in the account established in
paragraph (1) only for the purpose of conducting the program referred to
in subsection (a).
(4) <<NOTE: Deadline. Reports.>> Not later than 60 days after the
termination of the authority of the Secretary to conduct the program
referred to in subsection (a), the Secretary shall transmit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the 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 Secretary 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) Notwithstanding section
1342 of title 31, United States Code, the Secretary may accept from any
person voluntary services 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 purposes of chapter 81 of
title 5, United States Code, relating to compensation for
[[Page 118 STAT. 2047]]
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 expenses incurred by such
person in providing such services. The Secretary shall determine which
expenses are eligible for reimbursement under this paragraph.
SEC. 1033. ANNUAL REPORT ON DEPARTMENT OF DEFENSE OPERATION AND
FINANCIAL SUPPORT FOR MILITARY MUSEUMS.
(a) Report Required.--Chapter 23 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 489. Annual report on Department of Defense operation and
financial support for military museums
``(a) Report Required.--As part of the budget materials submitted to
Congress in connection with the submission of the budget for a fiscal
year pursuant to section 1105 of title 31, but in no case later than
March 15 of each year, the Secretary of Defense shall submit a report
identifying all military museums that, during the most recently
completed fiscal year--
``(1) were operated by the Secretary of Defense or the
Secretary of a military department;
``(2) were otherwise supported using funds appropriated to
the Department of Defense; or
``(3) were located on property under the jurisdiction of the
Department of Defense, although neither operated by the
Department of Defense nor supported using funds appropriated to
the Department of Defense.
``(b) Information on Individual Museums.--For each museum identified
in a report under this section, the Secretary of Defense shall include
in the report the following:
``(1) The purpose and functions of the museum and the
justification for the museum.
``(2) A description of the facilities dedicated to the
museum, including the location, size, and type of facilities and
whether the facilities are included or eligible for inclusion on
the National Register of Historic Places.
``(3) An itemized listing of the funds appropriated to the
Department of Defense that were obligated to support the museum
during the fiscal year covered by the report and a description
of the process used to determine the annual allocation of
Department of Defense funds for the museum.
``(4) An itemized listing of any other Federal funds, funds
from a nonappropriated fund instrumentality account of the
Department of Defense, and non-Federal funds obligated to
support the museum.
``(5) The management structure of the museum, including
identification of the persons responsible for preparing the
budget for the museum and for making acquisition and management
decisions for the museum.
``(6) The number of civilian employees of the Department of
Defense and members of the armed forces who served full-
[[Page 118 STAT. 2048]]
time or part-time at the museum and their role in the management
structure of the museum.
``(c) Information on Support Priorities.--Each report under this
section shall also include a separate description of the procedures used
by the Secretary of Defense, in the case of museums identified in the
report that are operated or supported by the Secretary of Defense, and
the Secretary of a military department, in the case of museums
identified in the report that are operated or supported by that
Secretary, to prioritize funding and personnel support to the museums.
The Secretary of Defense shall include a description of any such
procedures applicable to the entire Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``489. Annual report on Department of Defense operation and financial
support for military museums.''.
Subtitle E--Reports
SEC. 1041. <<NOTE: 10 USC 229 note.>> QUARTERLY DETAILED ACCOUNTING FOR
OPERATIONS CONDUCTED AS PART OF THE GLOBAL WAR ON TERRORISM.
(a) Quarterly Accounting.--Not later than 45 days after the end of
each quarter of a year, the Secretary of Defense shall submit to the
congressional defense committees, for each operation specified in
subsection (b)--
(1) a full accounting of all costs incurred for such
operation during such quarter and all amounts expended during
such quarter for such operation; and
(2) a description of the purposes for which those costs were
incurred and those amounts were expended.
(b) Operations Covered.--The operations referred to in subsection
(a) are the following:
(1) Operation Iraqi Freedom.
(2) Operation Enduring Freedom.
(3) Operation Noble Eagle.
(4) Any other operation that the President designates as
being an operation of the Global War on Terrorism.
(c) Requirement for Comprehensiveness.--For the purpose of providing
a full and complete accounting of the costs and expenditures under
subsection (a) for an operation specified in subsection (b), the
Secretary shall account in the quarterly submission under subsection (a)
for all costs and expenditures that are reasonably attributable to that
operation, including personnel costs.
SEC. 1042. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF OPERATION
IRAQI FREEDOM.
(a) Report Required.--(1) Not later than June 1, 2005, the Secretary
of Defense shall submit to the congressional defense committees a report
on the conduct of military operations during the post-major combat
operations phase of Operation Iraqi Freedom.
(2) The report shall be prepared in consultation with the Chairman
of the Joint Chiefs of Staff, the commander of the United States Central
Command, and such other officials as the Secretary considers
appropriate.
[[Page 118 STAT. 2049]]
(b) Content.--(1) The report shall include a discussion of the
matters described in paragraph (2), with a particular emphasis on
accomplishments and shortcomings and on near-term and long-term
corrective actions to address such shortcomings.
(2) The matters to be discussed in the report are as follows:
(A) The military and political objectives of the
international coalition conducting the post-major combat
operations phase of Operation Iraqi Freedom, and the military
strategy selected to achieve such objectives, together with an
assessment of the execution of the military strategy.
(B) The mobilization process for the reserve components of
the Armed Forces, including the timeliness of notification,
training and certification, and subsequent demobilization.
(C) The use and performance of major items of United States
military equipment, weapon systems, and munitions (including
non-lethal weapons and munitions, items classified under special
access procedures, and items drawn from prepositioned stocks)
and any expected effects of the experience with the use and
performance of such items on the doctrinal and tactical
employment of such items and on plans for continuing the
acquisition of such items.
(D) Any additional requirements for military equipment,
weapon systems, munitions, force structure, or other capability
identified during the post-major combat operations phase of
Operation Iraqi Freedom, including changes in type or quantity
for future operations.
(E) The effectiveness of joint air operations, together with
an assessment of the effectiveness of--
(i) the employment of close air support; and
(ii) attack helicopter operations.
(F) The use of special operations forces, including
operational and intelligence uses.
(G) The scope of logistics support, including support to and
from other nations and from international organizations and
organizations and individuals from the private sector in Iraq.
(H) The incidents of accidental fratricide, including a
discussion of the effectiveness of the tracking of friendly
forces and the use of the combat identification systems in
mitigating friendly fire incidents.
(I) The adequacy of spectrum and bandwidth to transmit
information to operational forces and assets, including unmanned
aerial vehicles, ground vehicles, and individual soldiers.
(J) The effectiveness of strategic, operational, and
tactical information operations, including psychological
operations and assets, organization, and doctrine related to
civil affairs, in achieving established objectives, together
with a description of technological and other restrictions on
the use of information operations capabilities.
(K) The readiness of the reserve component forces used in
the post-major combat operations phase of Operation Iraqi
Freedom, including an assessment of the success of the reserve
component forces in accomplishing their missions.
(L) The adequacy of intelligence support during the post-
major combat operations phase of Operation Iraqi Freedom,
[[Page 118 STAT. 2050]]
including the adequacy of such support in searches for weapons
of mass destruction.
(M) The rapid insertion and integration, if any, of
developmental but mission-essential equipment, organizations, or
procedures during the post-major combat operations phase of
Operation Iraqi Freedom.
(N) A description of the coordination, communication, and
unity of effort between the Armed Forces, the Coalition
Provisional Authority, other United States government agencies
and organizations, nongovernmental organizations, and political,
security, and nongovernmental organizations of Iraq, including
an assessment of the effectiveness of such efforts.
(O) The adequacy of training for military units once
deployed to the area of operations of the United States Central
Command, including training for changes in unit mission and
continuation training for high-intensity conflict missions.
(P) An estimate of the funding required to return or replace
equipment used through the period covered by the report in
Operation Iraqi Freedom, including equipment in prepositioned
stocks, to mission-ready condition.
(Q) A description of military civil affairs and
reconstruction efforts, including efforts through the Commanders
Emergency Response Program, and an assessment of the
effectiveness of such efforts and programs.
(R) The adequacy of the requirements determination and
acquisition processes, acquisition, and distribution of force
protection equipment, including personal gear, vehicles,
helicopters, and defense devices.
(S) The most critical lessons learned that could lead to
long-term doctrinal, organizational, and technological changes,
and the probable effects that an implementation of those changes
would have on current visions, goals, and plans for
transformation of the Armed Forces or the Department of Defense.
(T) The planning for and implementation of morale, welfare,
and recreation programs for deployed forces and support to
dependents, including rest and recuperation programs and
personal communication benefits such as telephone, mail, and
email services, including an assessment of the effectiveness of
such programs.
(U) An analysis of force rotation plans, including
individual personnel and unit rotations, differing deployment
lengths, and in-theater equipment repair and leave behinds.
(V) The organization of United States Central Command to
conduct post-conflict operations and lessons for other combatant
commands to conduct other such operations in the future.
(c) Form of Report.--The report shall be submitted in unclassified
form, but may include a classified annex.
(d) Post-Major Combat Operations Phase of Operation Iraqi Freedom
Defined.--In this section, the term ``post-major combat operations phase
of Operation Iraqi Freedom'' means the period of Operation Iraqi Freedom
beginning on May 2, 2003, and ending on December 31, 2004.
[[Page 118 STAT. 2051]]
SEC. 1043. REPORT ON TRAINING PROVIDED TO MEMBERS OF THE ARMED FORCES TO
PREPARE FOR POST-CONFLICT OPERATIONS.
(a) Study on Training.--The Secretary of Defense shall conduct a
study to determine the extent to which members of the Armed Forces
assigned to duty in support of contingency operations receive training
in preparation for post-conflict operations and to evaluate the quality
of such training.
(b) Matters To Be Included in Study.--As part of the study under
subsection (a), the Secretary shall specifically evaluate the following:
(1) The doctrine, training, and leader-development system
necessary to enable members of the Armed Forces to successfully
operate in post-conflict operations.
(2) The adequacy of the curricula at military educational
facilities to ensure that the Armed Forces has a cadre of
members skilled in post-conflict duties, including a familiarity
with applicable foreign languages and foreign cultures.
(3) The training time and resources available to members and
units of the Armed Forces to develop awareness about ethnic
backgrounds, religious beliefs, and political structures of the
people living in areas in which the Armed Forces operate and
areas in which post-conflict operations are likely to occur.
(4) The adequacy of training transformation to emphasize
post-conflict operations, including interagency coordination in
support of commanders of combatant commands.
(c) Report on Study.--Not later than May 1, 2005, the Secretary
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
the result of the study conducted under this section.
SEC. 1044. REPORT ON ESTABLISHING NATIONAL CENTERS OF EXCELLENCE FOR
UNMANNED AERIAL AND GROUND VEHICLES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the need for one or more
national centers of excellence for unmanned aerial and ground vehicles.
(b) Goal of Centers.--The goal of the centers covered by the report
is to promote interservice cooperation and coordination in the following
areas:
(1) Development of joint doctrine for the organization,
training, and use of unmanned aerial and ground vehicles.
(2) Joint research, development, test, and evaluation, and
joint procurement of unmanned aerial and ground vehicles.
(3) Identification and coordination, in conjunction with the
private sector and academia, of the future development of
unmanned aerial and ground vehicles.
(4) Monitoring of the development and utilization of
unmanned aerial and ground vehicles in other nations for both
military and non-military purposes.
(5) The providing of joint training and professional
development opportunities in the use and operation of unmanned
aerial and ground vehicles to military personnel of all ranks
and levels of responsibility.
[[Page 118 STAT. 2052]]
(c) Report Requirements.--The report shall include, at a minimum,
the following:
(1) A list of facilities at which the Department of Defense
currently conducts or plans to conduct research, development,
and testing activities on unmanned aerial and ground vehicles.
(2) A list of facilities at which the Department of Defense
currently deploys or has committed to deploying unmanned aerial
or ground vehicles.
(3) The extent to which existing facilities described in
paragraphs (1) and (2) have sufficient unused capacity and
expertise to research, develop, test, and deploy the current and
next generations of unmanned aerial and ground vehicles and to
provide for the development of doctrine on the use and training
of operators of such vehicles.
(4) The extent to which efficiencies with respect to
research, development, testing, and deployment of existing or
future unmanned aerial and ground vehicles can be achieved
through consolidation at one or more national centers of
excellence for unmanned aerial and ground vehicles.
(5) A list of potential locations for the national centers
of excellence under this section.
(d) Considerations.--In determining the potential locations for the
national centers of excellence under this section, the Secretary of
Defense shall take into consideration existing military facilities that
have--
(1) a workforce of skilled personnel;
(2) existing capacity of runways and other facilities to
accommodate the research, development, testing, and deployment
of current and future unmanned aerial vehicles; and
(3) minimal restrictions on the research, development,
testing, and deployment of unmanned aerial vehicles resulting
from proximity to large population centers or airspace heavily
utilized by commercial flights.
SEC. 1045. STUDY OF CONTINUED REQUIREMENT FOR TWO-CREW MANNING FOR
BALLISTIC MISSILE SUBMARINES.
(a) Study and Determination.--The Secretary of Defense shall conduct
a study of whether the practice of using two alternating crews (referred
to as the ``Gold Crew'' and the ``Blue Crew'') for manning of ballistic
missile submarines (SSBNs) continues to be justified under the changed
circumstances since the end of the Cold War and, based on that study,
shall make a determination of whether that two-crew manning practice
should be continued or should be modified or terminated.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
providing notice of the Secretary's determination under subsection (a)
and the reasons for that determination.
SEC. 1046. REPORT ON DEPARTMENT OF DEFENSE PROGRAMS FOR PREPOSITIONING
OF MATERIEL AND EQUIPMENT.
(a) Secretary of Defense Assessment and Report.--(1) The Secretary
of Defense shall conduct an assessment of the programs of the Armed
Forces for the prepositioning of materiel and equipment. Such assessment
shall focus on how those programs will support the goal of the Secretary
to have the capability, from the onset of a contingency situation, to--
[[Page 118 STAT. 2053]]
(A) deploy forces to a distant theater within 10 days;
(B) defeat an enemy within 30 days; and
(C) be ready for an additional conflict within another 30
days.
(2) The Secretary shall submit to Congress a report on such
assessment not later than October 1, 2005.
(b) Matters to Be Included.--The assessment under subsection (a)
shall include the following:
(1) A review of the prepositioning of materiel and equipment
used in Operation Iraqi Freedom and Operation Enduring Freedom,
including identification of challenges and potential solutions.
(2) A description of changes to doctrine, strategy, and
transportation plans that could be necessary to support the goal
of the Secretary described in subsection (a).
(3) A description of modifications to prepositioning
programs that could be required in order to incorporate
modularity concepts, future force structure changes, and sea-
basing concepts.
(4) A discussion of joint operations and training that
support force projection requirements, including--
(A) theater opening requirements at potential aerial
and sea ports of debarkation;
(B) joint force reception capabilities;
(C) joint theater distribution operations; and
(D) use of joint prepositioned stocks, materiel, and
systems.
SEC. 1047 REPORT ON AL QAEDA AND ASSOCIATED GROUPS IN LATIN AMERICA AND
THE CARIBBEAN.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall, in consultation with the
Secretary of State, submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the activities of al
Qaeda and associated groups in Latin America and the Caribbean,
including--
(1) an assessment of the extent to which such groups have
established a presence in the area;
(2) a description of the activities of such groups in the
area, including fundraising, money laundering, narcotrafficking,
and associations with criminal groups;
(3) an assessment of the threat posed by such groups to the
peace and stability of the nations in the area and to United
States interests; and
(4) a description of United States policies intended to deal
with such a threat.
(b) Form of Report.--The report shall be submitted in unclassified
form, but may include a classified annex.
Subtitle F--Defense Against Terrorism and Other Domestic Security
Matters
SEC. 1051. ACCEPTANCE OF COMMUNICATIONS EQUIPMENT PROVIDED BY LOCAL
PUBLIC SAFETY AGENCIES.
(a) Authority.--Chapter 155 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 118 STAT. 2054]]
``Sec. 2613. Emergency communications equipment: acceptance from local
public safety agencies for temporary use related
to disasters
``(a) Authority to Accept Equipment.--(1) Subject to subsection (c),
the Secretary concerned--
``(1) may accept communications equipment for use in
coordinating joint response and recovery operations with public
safety agencies in the event of a disaster; and
``(2) may accept services related to the operation and
maintenance of such equipment.
``(b) Regulations.--The authority under subsection (a) shall be
exercised under regulations prescribed by the Secretary of Defense.
``(c) Limitations.--(1) Equipment may be accepted under subsection
(a)(1) only to the extent that communications equipment under the
control of the Secretary concerned at the potential disaster response
site is inadequate to meet military requirements for communicating with
public safety agencies during the period of response to the disaster.
``(2) Services may be accepted under subsection (a)(2) related to
the operation and maintenance of communications equipment only to the
extent that the necessary capabilities are not available to the military
commander having custody of the equipment.
``(c) Liability.--A person providing services accepted under this
section may not be considered, by reason of the provision of such
services, to be an officer, employee, or agent of the United States for
any purpose.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2613. Emergency communications equipment: acceptance from local public
safety agencies for temporary use related to disasters.''.
SEC. 1052. DETERMINATION AND REPORT ON FULL-TIME AIRLIFT SUPPORT FOR
HOMELAND DEFENSE OPERATIONS.
(a) Determination Required.--(1) The Secretary of Defense shall
determine the feasibility and advisability of dedicating an airlift
capability of the Armed Forces to the support of homeland defense
operations, including operations in support of contingent requirements
for transportation of any of the following in response to a disaster:
(A) Weapons of Mass Destruction Civil Support Teams.
(B) National Guard Chemical, Biological, Radiological,
Nuclear, High Explosive Enhanced Response Force Packages.
(C) Air Force expeditionary medical teams.
(D) Department of Energy emergency response teams.
(2) In making the determination under paragraph (1), the Secretary
shall take into consideration the results of the study required under
subsection (b).
(b) Requirement for Study and Plan.--(1) The Secretary of Defense
shall conduct a study of the plans and capabilities of the Department of
Defense for meeting contingent requirements for transporting teams and
packages specified in subsection (a)(1) in response to disasters.
(2) The Secretary shall prepare a plan for resolving any
deficiencies in the plans and capabilities for meeting the
transportation requirements described in paragraph (1).
[[Page 118 STAT. 2055]]
(3) The Secretary of Defense shall require the commander of the
United States Northern Command and the commander of the United States
Transportation Command to carry out jointly the study required under
paragraph (1) and to prepare jointly the plan required under paragraph
(2).
(c) Report.--Not later than April 1, 2005, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the study under subsection
(b). The report shall include the following matters:
(1) The Secretary's determination under subsection (a).
(2) An assessment and discussion of the adequacy of existing
plans and capabilities of the Department of Defense for meeting
the transportation requirements described in subsection (b)(1).
(3) The plan required under subsection (b)(2).
(d) Definition.--In this section, the term ``Weapons of Mass
Destruction Civil Support Team'' has the meaning given that term in
section 305b(e) of title 37, United States Code.
SEC. 1053. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED TO CHEMICAL OR
BIOLOGICAL CONTAMINATION.
(a) Requirement for Implementation Plan.--
Not <<NOTE: Deadline.>> later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a plan, for implementation by
the Department of Defense, that sets forth a systematic approach for
ensuring the survivability of defense critical systems upon
contamination of any such system by chemical or biological agents.
(b) Content.--At a minimum, the plan under subsection (a) shall
include the following:
(1) Policies for ensuring that the survivability of defense
critical systems in the event of contamination by chemical or
biological agents is adequately addressed throughout the
Department of Defense.
(2) A systematic process for identifying those systems which
are defense critical systems.
(3) Specific testing procedures to be used during the design
and development of new defense critical systems.
(4) A centralized database that--
(A) contains comprehensive information on the
effects of chemical and biological agents and
decontaminants on materials used in defense critical
systems; and
(B) is easily accessible to personnel who have
duties to ensure the survivability of defense critical
systems upon contamination of such systems by chemical
and biological agents.
(c) Defense Critical System Defined.--In this section, the term
``defense critical system'' means a Department of Defense system that,
as determined by the Secretary of Defense, is vital to an essential
defense mission.
[[Page 118 STAT. 2056]]
Subtitle G--Personnel Security Matters
SEC. 1061. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL SECURITY
INVESTIGATIONS AND DETERMINATIONS.
Section 30305(b) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) An individual who has or is seeking access to national
security information for purposes of Executive Order No. 12968, or any
successor Executive order, or an individual who is being investigated
for Federal employment under authority of Executive Order No. 10450, or
any successor Executive order, may request the chief driver licensing
official of a State to provide information about the individual pursuant
to subsection (a) of this section to a Federal department or agency that
is authorized to investigate the individual for the purpose of assisting
in the determination of the eligibility of the individual for access to
national security information or for Federal employment in a position
requiring access to national security information. A Federal department
or agency that receives information about an individual under the
preceding sentence may use such information only for purposes of the
authorized investigation and only in accordance with applicable law.''.
SEC. 1062. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY FOR
DEPARTMENT OF DEFENSE SECURITY CLEARANCE.
(a) Disqualified Persons.--Subsection (c)(1) of section 986 of title
10, United States Code, is amended--
(1) by striking ``and'' and inserting ``, was''; and
(2) by inserting before the period at the end the following:
``, and was incarcerated as a result of that sentence for not
less than one year''.
(b) Waiver Authority.--Subsection (d) of such section is amended to
read as follows:
``(d) Waiver Authority.--In a meritorious case, an exception to the
prohibition in subsection (a) may be authorized for a person described
in paragraph (1) or (4) of subsection (c) if there are mitigating
factors. Any such waiver may be authorized only in accordance with
standards and procedures prescribed by, or under the authority of, an
Executive order or other guidance issued by the President.''.
Subtitle H--Transportation-Related Matters
SEC. 1071. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND FROM
OVERSEAS LOCATIONS.
(a) Authority for Use of Military Aircraft.--Section 3401 of title
39, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1)(A), by
striking ``title 49,'' and inserting ``title 49, or on
military aircraft at rates not to exceed those so fixed
and determined for scheduled United States air
carriers,''; and
[[Page 118 STAT. 2057]]
(B) in the sentence following paragraph (3), by
striking ``carriers'' each place it appears and
inserting ``carriers and military aircraft''; and
(2) in subsection (c)--
(A) in the first sentence, by striking ``title 49,''
and inserting ``title 49, or on military aircraft at
rates not to exceed those so fixed and determined for
scheduled United States air carriers,''; and
(B) in the second sentence--
(i) by inserting ``and military aircraft''
after ``carriers'' the first place it appears; and
(ii) by striking ``by air carriers other than
scheduled United States air carriers'' and
inserting ``by other than scheduled United States
air carriers and military aircraft''.
(b) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(g) In this section:
``(1) The term `military aircraft' means an aircraft owned,
operated, or chartered by the Department of Defense.
``(2) The term `United States air carrier' has the meaning
given the term `air carrier' in section 40102 of title 49.''.
SEC. 1072. REORGANIZATION AND CLARIFICATION OF CERTAIN PROVISIONS
RELATING TO CONTROL AND SUPERVISION OF TRANSPORTATION WITHIN
THE DEPARTMENT OF DEFENSE.
(a) Transfer of Certain Transportation Authorities.--Sections 4744,
4745, 4746, and 4747 of title 10, United States Code, are transferred to
chapter 157 of such title, inserted (in that order) at the end of such
chapter, and redesignated as sections 2648, 2649, 2650, and 2651,
respectively.
(b) Clarification of Applicability of Transferred Authorities
Throughout the Department of Defense.--(1) Section 2648 of such title,
as transferred and redesignated by subsection (a), is amended--
(A) by striking ``Secretary of the Army'' in the matter
preceding paragraph (1) and inserting ``Secretary of Defense'';
(B) by striking ``Army transport agencies'' in the matter
preceding paragraph (1) and all that follows through ``military
transport agency of'';
(C) by striking paragraphs (1), (2), and (3);
(D) by redesignating paragraph (4), (5), (6), and (7) as
paragraphs (1), (2), (3), and (4), respectively;
(E) by redesignating paragraph (8) as paragraph (5) and in
that paragraph striking ``persons described in clauses (1), (2),
(4), (5), and (7)'' and inserting ``members of the armed forces,
officers and employees of the Department of Defense or the Coast
Guard, and persons described in paragraphs (1), (2), and (4)'';
and
(F) by striking ``clause (7) or (8)'' in the last sentence
and inserting ``paragraph (4) or (5)''.
(2) Section 2649 of such title, as transferred and redesignated by
subsection (a), is amended--
(A) by striking the section heading and inserting the
following:
[[Page 118 STAT. 2058]]
``Sec. 2649. Civilian passengers and commercial cargoes: transportation
on Department of Defense vessels'';
(B) by striking ``(1) on vessels'' and all that follows
through ``Department of the Army'';
(C) by striking ``any transport agency of''; and
(D) by striking ``Secretary of the Army'' and all that
follows through ``be transported'' and inserting ``Secretary of
Defense, be transported''.
(3) Section 2650 of such title, as transferred and redesignated by
subsection (a), is amended--
(A) in the matter preceding paragraph (1), by striking
``Army transport agencies'' and all that follows through
``military transport agency of'';
(B) in paragraph (1), by striking ``Secretary of the Army''
and inserting ``Secretary of Defense''; and
(C) in paragraph (4), by striking ``by air--'' and all that
follows through ``the transportation cannot'' and inserting ``by
air, the transportation cannot''.
(4) Section 2651 of such title, as transferred and redesignated by
subsection (a), is amended by striking ``Army transport agencies'' and
all that follows and inserting ``the Department of Defense, under
regulations and at rates to be prescribed by the Secretary of
Defense.''.
(c) Repeal of Superseded and Obsolete Provisions.--The following
sections of such title are repealed: sections 4741, 4743, 9741, 9743,
and 9746.
(d) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 157 of
such title is amended by adding at the end the following new
items:
``2648. Persons and supplies: sea transportation.
``2649. Civilian passengers and commercial cargoes: transportation on
Department of Defense vessels.
``2650. Civilian personnel in Alaska.
``2651. Passengers and merchandise to Guam: sea transport.''.
(2) The table of sections at the beginning of chapter 447 of
such title is amended by striking the items relating to sections
4741, 4743, 4744, 4745, 4746, and 4747.
(3) The table of sections at the beginning of chapter 947 of
such title is amended by striking the items relating to sections
9741, 9743, and 9746.
SEC. 1073. EVALUATION OF PROCUREMENT PRACTICES RELATING TO
TRANSPORTATION OF SECURITY-SENSITIVE CARGO.
(a) Evaluation Requirement.--The Secretary of Defense shall evaluate
the procurement practices of the Department of Defense in the award of
service contracts for domestic freight transportation for security-
sensitive cargo (such as arms, ammunitions, explosives, and classified
material) to determine whether such practices are in the best interests
of the Department of Defense.
(b) Report.--Not later than January 1, 2005, the Secretary of
Defense shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the results of the evaluation
conducted under subsection (a).
[[Page 118 STAT. 2059]]
Subtitle I--Other Matters
SEC. 1081. LIABILITY PROTECTION FOR DEPARTMENT OF DEFENSE VOLUNTEERS
WORKING IN MARITIME ENVIRONMENT.
Section 1588(d)(1)(B) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``and the Act of
March 9, 1920, commonly known as the `Suits in Admiralty Act' (41 Stat.
525; 46 U.S.C. App. 741 et seq.) and the Act of March 3, 1925, commonly
known as the `Public Vessels Act' (43 Stat. 1112; 46 U.S.C. App. 781 et
seq.) (relating to claims for damages or loss on navigable waters)''.
SEC. 1082. SENSE OF CONGRESS CONCERNING MEDIA COVERAGE OF THE RETURN TO
THE UNITED STATES OF THE REMAINS OF DECEASED MEMBERS OF THE
ARMED FORCES FROM OVERSEAS.
(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 transfers of the remains of
deceased members of the Armed Forces--
(A) at Ramstein Air Force Base, Germany;
(B) at Dover Air Force Base, Delaware, and the Port
Mortuary Facility at Dover Air Force Base; and
(C) 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. v.
Department of Defense and Donald B. Rice, Secretary 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 obligated to
travel great distances to attend arrival ceremonies at
Dover Air Force Base if such ceremonies 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
[[Page 118 STAT. 2060]]
grant or deny access to the media at memorial or funeral
services at the home 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--
(1) appropriately protects the privacy of the families and
friends of the deceased; and
(2) is consistent with United States constitutional
guarantees of freedom of speech and freedom of the press.
SEC. 1083. TRANSFER OF HISTORIC F3A-1 BREWSTER CORSAIR AIRCRAFT.
(a) Authority to Convey.--The Secretary of the Navy may convey,
without consideration, to Lex Cralley of Princeton Minnesota (in this
section referred to as ``transferee''), all right, title, and interest
of the United States in and to a F3A-1 Brewster Corsair aircraft (Bureau
Number 04634). The conveyance shall be made by means of a deed of gift.
(b) Condition of Aircraft.--The aircraft shall be conveyed under
subsection (a) in its current unflyable, ``as is'' condition. The
Secretary is not required to repair or alter the condition of the
aircraft before conveying ownership of the aircraft.
(c) Conveyance at No Cost to the United States.--The conveyance of
the aircraft under subsection (a) shall be made at no cost to the United
States. Any costs associated with the conveyance and costs of operation
and maintenance of the aircraft conveyed shall be borne by the
transferee.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 1084. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Clarification of Definition of ``Operational Range''.--Section
101(e)(3) of title 10, United States Code, is amended by striking
``Secretary of Defense'' and inserting ``Secretary of a military
department''.
(b) Amendments Relating to Definition of Congressional Defense
Committees.--Title 10, United States Code, is amended as follows:
(1) Section 2215 is amended--
(A) by striking ``(a) Certification Required.--'';
(B) by striking ``congressional committees specified
in subsection (b)'' and inserting ``congressional
defense committees''; and
(C) by striking subsection (b).
(2) Section 2306b(g) is amended by striking ``Committee on''
the first place it appears and all that follows through ``House
of Representatives'' and inserting ``congressional defense
committees''.
(3) Section 2515(d) is amended--
(A) by striking ``(1)'' before ``The Secretary'';
(B) by striking ``congressional committees specified
in paragraph (2)'' and inserting ``congressional defense
committees''; and
(C) by striking paragraph (2).
[[Page 118 STAT. 2061]]
(4) Section 2676(d) is amended by striking ``appropriate
committees of Congress'' at the end of the first sentence and
inserting ``congressional defense committees''.
(c) Amendments Relating to Change of Name of GAO.--Title 10, United
States Code, is amended as follows:
(1) Section 1084 is amended by striking ``General Accounting
Office'' and inserting ``Comptroller General''.
(2) Section 1102(d)(2) is amended by striking ``General
Accounting Office'' and inserting ``Comptroller General''.
(3) Section 2014(g) is amended by striking ``General
Accounting Office'' and inserting ``Government Accountability
Office''.
(d) Miscellaneous Amendments to Title 10, United States Code.--Title
10, United States Code, is amended as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part I of subtitle A, are amended by
striking ``481'' in the item relating to chapter 23 and
inserting ``480''.
(2) Section 130a is amended--
(A) by striking ``Effective October 1, 2002, the''
in subsection (a) and inserting ``The'';
(B) by striking ``baseline number'' in subsection
(a) and all that follows through ``means the'' in
subsection (c);
(C) by transferring subsection (e) so as to appear
before subsection (d) and redesignating that subsection
as subsection (b);
(D) by redesignating subsections (d) and (f) as
subsection (c) and (d), respectively; and
(E) by striking subsection (g).
(3) Section 437(c) is amended by inserting ``(50 U.S.C.
415b)'' after ``National Security Act of 1947''.
(4) Section 487(d) is amended by striking ``Other
Definitions'' and inserting ``Inapplicability to Coast Guard''.
(5) Section 503(c)(1)(B) is amended by striking
``education'' in the second sentence and inserting
``educational''.
(6) Section 632(c)(1) is amended--
(A) by striking ``paragraph (2)'' and inserting
``paragraph (3)''; and
(B) by striking ``under that paragraph'' and
inserting ``under that subsection''.
(7) The item relating to section 1076b in the table of
sections at the beginning of chapter 55 is amended to read as
follows:
``1076b. TRICARE program: coverage for members of the Ready Reserve.''.
(8) Section 1108(e) is amended by striking ``heath'' and
inserting ``health''.
(9) Section 1406(g) is amended--
(A) by striking ``section 305'' and inserting
``section 245''; and
(B) by striking ``Officers Act of 2002'' and
inserting ``Officer Corps Act of 2002 (33 U.S.C.
3045)''.
(10) Sections 1448(b)(1)(F), 1448(d)(2)(B), 1448(d)(6)(A),
and 1458(j) are amended by striking ``on or after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2004'' and inserting ``after November 23, 2003,''.
[[Page 118 STAT. 2062]]
(11) Sections 1463(a)(1), 1465(c)(1)(A), 1465(c)(1)(B),
1465(c)(4)(A), 1465(c)(4)(B), and 1466(b)(2)(D) are amended by
striking ``1413, 1413a,'' and inserting ``1413a''.
(12) Section 1557(b) is amended by striking ``Effective
October 1, 2002, final'' and inserting ``Final''.
(13) Section 1566 is amended--
(A) in subsection (g)(2), by striking ``the date
that is 6 months after the date of the enactment of the
Help America Vote Act of 2002'' in the last sentence and
inserting ``April 29, 2003''; and
(B) in subsections (h), (i)(1), and (i)(3), by
striking ``Armed Forces'' and inserting ``armed
forces''.
(14) Sections 1724(d) and 1732(d)(1) are amended by striking
``its decision'' in the second sentence and inserting ``the
decision of the Secretary''.
(15) Section 1761(b) is amended--
(A) in the matter preceding paragraph (1), by
striking ``provide for--'' and inserting ``provide for
the following:'';
(B) in paragraphs (1), (2), and (3), by capitalizing
the first letter of the first word;
(C) at the end of paragraphs (1) and (2), by
striking the semicolon and inserting a period;
(D) at the end of paragraph (3), by striking ``;
and'' and inserting a period; and
(E) by striking paragraph (4).
(16) Section 2193b(c)(2) is amended by striking ``the date
of the enactment of this section'' and inserting ``October 5,
1999''.
(17) Section 2224(c) is amended in the matter preceding
paragraph (1) by striking ``subtitle II of chapter 35'' and
inserting ``subchapter II of chapter 35''.
(18) Section 2349(d) is amended by striking ``section
2350a(i)(3)'' and inserting ``section 2350a(i)(2)''.
(19) Section 2350b(g) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``the Secretary of Defense'' after
``authorizing''; and
(B) in paragraph (1), by striking ``the Secretary of
Defense''.
(20) Section 2474(f)(2) is amended by striking ``section
2466(e)'' and inserting ``section 2466(d)''.
(21) Section 2540(b)(2) is amended by inserting ``, as in
effect on that date'' before the period at the end.
(22) Section 2662(a)(2) is amended--
(A) in the first sentence, by striking ``must
include a summarization'' and inserting ``shall include
a summary''; and
(B) in the second sentence, by inserting ``of
paragraph (1)'' after ``in subparagraph (E)''.
(23) Section 2672a(a) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``in any case in which the Secretary
determines'' after ``in land'';
(B) in paragraph (1), by striking ``the Secretary
determines'' and inserting ``the acquisition''; and
(C) in paragraph (2), by inserting ``the
acquisition'' after ``(2)''.
(24) Section 2701 is amended--
[[Page 118 STAT. 2063]]
(A) in subsection (a)(2), by inserting ``(42 U.S.C.
9620)'' before the period at the end;
(B) in subsection (c)(2), by striking ``of CERCLA
(relating to settlements)'' and inserting ``(relating to
settlements) of CERCLA (42 U.S.C. 9622)'';
(C) in subsection (e), by inserting ``(42 U.S.C.
9619)'' after ``CERCLA''; and
(D) in subsection (j)(2), by striking ``the
Comprehensive'' and all the follows through ``of 1980''
and inserting ``CERCLA''.
(25) Section 2702 is amended by inserting ``(42 U.S.C.
9660(a)(5))'' in the second sentence of subsection (a) before
the period at the end.
(26) Section 2703(b) is amended by striking ``The terms'' at
the beginning of the second sentence and inserting ``For
purposes of the preceding sentence, the terms''.
(27) Section 2704 is amended by inserting ``(42 U.S.C.
9604(i))'' in subsections (c), (e), and (f) after ``CERCLA''.
(28) The second section 3755, added by section 543(b)(1) of
the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2549), is redesignated as
section 3756, and the item relating to that section in the table
of sections at the beginning of chapter 357 is revised to
reflect such redesignation.
(29) Section 4689 is amended by striking ``Building'' after
``Capitol''.
(30) The second section 6257, added by section 543(c)(1) of
the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2549), is redesignated as
section 6258, and the item relating to that section in the table
of sections at the beginning of chapter 567 is revised to
reflect such redesignation.
(31) Section 7102 is amended--
(A) by striking ``Authority'' at the beginning of
subsection (a) and inserting ``Master of Military
Studies'';
(B) by striking ``Marine Corps War College'' at the
beginning of subsection (b) and inserting ``Master of
Strategic Studies'';
(C) by striking ``Command and Staff College of the
Marine Corps University'' at the beginning of subsection
(c) and inserting ``Master of Operational Studies''; and
(D) by striking ``subsections (a) and (b)'' in
subsection (d) and inserting ``subsections (a), (b), and
(c)''.
(32) Section 8084 is amended by striking ``capabilty'' and
inserting ``capability''.
(33) The second section 8755, added by section 543(d)(1) of
the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2550), is redesignated as
section 8756, and the item relating to that section in the table
of sections at the beginning of chapter 857 is revised to
reflect such redesignation.
(34) The table in section 12012(a) is amended by inserting a
colon after ``Air National Guard''.
(e) Title 37, United States Code.--Title 37, United States Code, is
amended as follows:
[[Page 118 STAT. 2064]]
(1) Section 301a(b)(4) is amended by striking ``section
301(a)(11)'' and inserting ``section 301(a)(13)''.
(2) Section 323(h) is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''.
(f) Public Law 108-136.--Effective as of November 24, 2003, and as
if included therein as enacted, the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136) is amended as follows:
(1) Sections 832(a) and 834(a) (117 Stat. 1550) are each
amended by striking ``such title'' and <<NOTE: 10 USC 1725,
1742.>> inserting ``title 10, United States Code,''.
(2) Section 931(a)(1) (117 Stat. 1580) <<NOTE: 10 USC
2611.>> is amended by striking ``and donations'' in the first
quoted matter and inserting ``or donations''.
(3) Section 2204(b) (117 Stat. 1706) is amended by striking
``section 2101(a)'' each place it appears and inserting
``section 2201(a)''.
(g) Public Law 107-314.--Effective as of December 2, 2002, and as if
included therein as enacted, section 1064(a)(2) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-
314; 116 Stat. 2654) is amended by inserting ``the item relating to''
after ``is amended by inserting after''.
(h) Public Law 107-107.--Effective as of December 28, 2001, and as
if included therein as enacted, the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107) is amended as follows:
(1) Section 824(a)(1)(C) (115 Stat. 1183) <<NOTE: 10 USC
1724.>> is amended by striking ``(3)(A)'' and inserting
``(3)(B)''.
(2) Section 1048(e)(4) (115 Stat. 1227) <<NOTE: 10 USC
1732.>> is amended by striking ``Subsection'' and inserting
``Section''.
(3) Section 1111(c) (115 Stat. 1238) <<NOTE: 5 USC 5949
note.>> is amended by striking ``This provision'' and inserting
``Section 5949 of title 5, United States Code, as added by
subsection (a),''.
(i) Public Law 101-510.--Section 2902(e)(2)(B) <<NOTE: 10 USC 2687
note.>> of the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) in clause (i), by striking ``Subcommittee on Readiness,
Sustainability, and Support'' and inserting ``Subcommittee on
Readiness and Management Support''; and
(2) in clause (ii), by striking ``Subcommittee on Military
Installations and Facilities'' and inserting ``Subcommittee on
Readiness''.
(j) National Security Act of 1947.--Sections 702(a)(6)(B)(iv)(I),
703(a)(6)(B)(iv)(I), and 704(f)(2)(D)(i) of the National Security Act of
1947 are <<NOTE: 50 USC 432, 432a, 432b.>> amended by striking
``responsible records'' and inserting ``responsive records''.
(k) Codification Relating to Leave for Attendance at Certain
Hearings.--Subsection (b) of section 363 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (10 U.S.C. 704 note)
is--
(1) transferred to section 704 of title 10, United States
Code;
(2) inserted at the end of that section;
(3) redesignated as subsection (c); and
(4) amended--
[[Page 118 STAT. 2065]]
(A) by striking ``Armed Forces'' each place it
appears and inserting ``armed forces'';
(B) in paragraph (1)--
(i) by striking ``Secretary of each'' and all
that follows through ``in the Navy,'' and
inserting ``Secretary concerned''; and
(ii) by striking ``(as defined in section 101
of title 10, United States Code)''; and
(C) in paragraph (3)--
(i) by striking ``For purposes of this
subsection--'' and inserting ``In this
subsection:'';
(ii) in subparagraph (A), by striking ``title
10, United States Code'' and inserting ``this
title''; and
(iii) in subparagraph (B), by striking ``such
term'' and inserting ``that term''.
SEC. 1085. <<NOTE: 10 USC 113 note.>> PRESERVATION OF SEARCH AND RESCUE
CAPABILITIES OF THE FEDERAL GOVERNMENT.
The Secretary of Defense may not reduce or eliminate search and
rescue capabilities at any military installation in the United States
unless the Secretary first certifies to the Committees on Armed Services
of the Senate and the House of Representatives that equivalent search
and rescue capabilities will be provided, without interruption and
consistent with the policies and objectives set forth in the United
States National Search and Rescue Plan entered into force on January 1,
1999, by--
(1) the Department of Interior, the Department of Commerce,
the Department of Homeland Security, the Department of
Transportation, the Federal Communications Commission, or the
National Aeronautics and Space Administration; or
(2) the Department of Defense, either directly or through a
Department of Defense contract with an emergency medical service
provider or other private entity to provide such capabilities.
SEC. 1086. ACQUISITION OF AERIAL FIREFIGHTING EQUIPMENT FOR NATIONAL
INTERAGENCY FIRE CENTER.
(a) Findings.--Congress makes the following findings:
(1) The National Interagency Fire Center does not possess an
adequate number of aircraft for use in aerial firefighting, and
personnel at the Center rely on military aircraft to provide
such firefighting services.
(2) It is in the national security interest of the United
States for the National Interagency Fire Center to acquire
aircraft for use in aerial firefighting so that the military
aircraft made available for aerial firefighting will instead be
available for use by the Armed Forces.
(b) Authority To Purchase Aerial Firefighting Equipment.--(1) The
Secretary of Agriculture is authorized to purchase 10 aircraft, as
described in paragraph (2), for the National Interagency Fire Center for
use in aerial firefighting.
(2) The aircraft referred to in paragraph (1) shall be aircraft that
are--
(A) specifically designed and built for aerial firefighting;
(B) certified by the Chief of the Forest Service as suited
for conditions commonly experienced in aerial firefighting
operations carried out in the United States, including Alaska;
and
[[Page 118 STAT. 2066]]
(C) manufactured in a manner that is consistent with the
recommendations for aircraft used in aerial firefighting
contained in--
(i) the Blue Ribbon Panel Report to the Chief of the
Forest Service and the Director of the Bureau of Land
Management dated December 2002; and
(ii) the Safety Recommendation of the Chairman of
the National Transportation Safety Board related to
aircraft used in aerial firefighting dated April 23,
2004.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture for fiscal year 2005 such
funds as may be necessary to purchase the 10 aircraft described in
subsection (b).
SEC. 1087. REVISION TO REQUIREMENTS FOR RECOGNITION OF INSTITUTIONS OF
HIGHER EDUCATION AS HISPANIC-SERVING INSTITUTIONS FOR
PURPOSES OF CERTAIN GRANTS AND CONTRACTS.
Section 502(a)(5)(C) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)(5)(C)) is amended by inserting before the period the following:
``, which assurances--
``(i) may employ statistical extrapolation
using appropriate data from the Bureau of the
Census or other appropriate Federal or State
sources; and
``(ii) the Secretary shall consider as meeting
the requirements of this subparagraph, unless the
Secretary determines, based on a preponderance of
the evidence, that the assurances do not meet the
requirements''.
SEC. 1088. MILITARY EXTRATERRITORIAL JURISDICTION OVER CONTRACTORS
SUPPORTING DEFENSE MISSIONS OVERSEAS.
Section 3267(1)(A) of title 18, United States Code, is amended to
read as follows:
``(A) employed as--
``(i) a civilian employee of--
``(I) the Department of Defense
(including a nonappropriated fund
instrumentality of the Department); or
``(II) any other Federal agency, or
any provisional authority, to the extent
such employment relates to supporting
the mission of the Department of Defense
overseas;
``(ii) a contractor (including a subcontractor
at any tier) of--
``(I) the Department of Defense
(including a nonappropriated fund
instrumentality of the Department); or
``(II) any other Federal agency, or
any provisional authority, to the extent
such employment relates to supporting
the mission of the Department of Defense
overseas; or
``(iii) an employee of a contractor (or
subcontractor at any tier) of--
``(I) the Department of Defense
(including a nonappropriated fund
instrumentality of the Department); or
[[Page 118 STAT. 2067]]
``(II) any other Federal agency, or
any provisional authority, to the extent
such employment relates to supporting
the mission of the Department of Defense
overseas;''.
SEC. 1089. DEFINITION OF UNITED STATES FOR PURPOSES OF FEDERAL CRIME OF
TORTURE.
Section 2340(3) of title 18, United States Code, is amended to read
as follows:
``(3) `United States' means the several States of the United
States, the District of Columbia, and the commonwealths,
territories, and possessions of the United States.''.
SEC. 1090. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) In General.--Section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is amended by striking ``2003'' and
inserting ``2006''.
(b) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting ``,
water, or wastewater treatment'' after ``payment of energy''.
(c) Energy Savings.--Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as
follows:
``(2) The term `energy savings' means a reduction in the
cost of energy, water, or wastewater treatment, from a base cost
established through a methodology set forth in the contract,
used in an existing federally owned building or buildings or
other federally owned facilities as a result of--
``(A) the lease or purchase of operating equipment,
improvements, altered operation and maintenance, or
technical services;
``(B) the increased efficient use of existing energy
sources by cogeneration or heat recovery, excluding any
cogeneration process for other than a federally owned
building or buildings or other federally owned
facilities; or
``(C) the increased efficient use of existing water
sources in either interior or exterior applications.''.
(d) Energy Savings Contract.--Section 804(3) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as
follows:
``(3) The terms `energy savings contract' and `energy
savings performance contract' mean a contract that provides for
the performance of services for the design, acquisition,
installation, testing, and, where appropriate, operation,
maintenance, and repair, of an identified energy or water
conservation measure or series of measures at 1 or more
locations. Such contracts shall, with respect to an agency
facility that is a public building (as such term is defined in
section 3301 of title 40, United States Code), be in compliance
with the prospectus requirements and procedures of section 3307
of title 40, United States Code.''.
(e) Energy or Water Conservation Measure.--Section 804(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended
to read as follows:
``(4) The term `energy or water conservation measure'
means--
[[Page 118 STAT. 2068]]
``(A) an energy conservation measure, as defined in
section 551; or
``(B) a water conservation measure that improves the
efficiency of water use, is life-cycle cost-effective,
and involves water conservation, water recycling or
reuse, more efficient treatment of wastewater or
stormwater, improvements in operation or maintenance
efficiencies, retrofit activities, or other related
activities, not at a Federal hydroelectric facility.''.
(f) Review.--Not later than <<NOTE: Deadline. 42 USC 8287
note.>> 180 days after the date of the enactment of this Act, the
Secretary of Energy shall complete a review of the Energy Savings
Performance Contract program to identify statutory, regulatory, and
administrative obstacles that prevent Federal agencies from fully
utilizing the program. In addition, this review shall identify all areas
for increasing program flexibility and effectiveness, including audit
and measurement verification requirements, accounting for energy use in
determining savings, contracting requirements, including the
identification of additional qualified contractors, and energy
efficiency services covered. The Secretary shall report these findings
to Congress and shall implement identified administrative and regulatory
changes to increase program flexibility and effectiveness to the extent
that such changes are consistent with statutory authority.
(g) Extension of Authority.--Any <<NOTE: 42 USC 8287 note.>> energy
savings performance contract entered into under section 801 of the
National Energy Conservation Policy Act (42 U.S.C. 8287) after October
1, 2003, and before the date of enactment of this Act, shall be deemed
to have been entered into pursuant to such section 801 as amended by
subsection (a) of this section.
SEC. 1091. <<NOTE: 10 USC 801 note.>> SENSE OF CONGRESS AND POLICY
CONCERNING PERSONS DETAINED BY THE UNITED STATES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the abuses inflicted upon detainees at the Abu Ghraib
prison in Baghdad, Iraq, are inconsistent with the
professionalism, dedication, standards, and training required of
individuals who serve in the United States Armed Forces;
(2) the vast majority of members of the Armed Forces have
upheld the highest possible standards of professionalism and
morality in the face of illegal tactics and terrorist attacks
and attempts on their lives;
(3) the abuse of persons in United States custody in Iraq is
appropriately condemned and deplored by the American people;
(4) the Armed Forces are moving swiftly and decisively to
identify, try, and, if found guilty, punish persons who
perpetrated such abuse;
(5) the Department of Defense and appropriate military
authorities must continue to undertake corrective action, as
appropriate, to address chain-of-command deficiencies and the
systemic deficiencies identified in the incidents in question;
(6) the Constitution, laws, and treaties of the United
States and the applicable guidance and regulations of the United
States Government prohibit the torture or cruel, inhuman, or
degrading treatment of foreign prisoners held in custody by the
United States;
[[Page 118 STAT. 2069]]
(7) the alleged crimes of a handful of individuals should
not detract from the commendable sacrifices of over 300,000
members of the Armed Forces who have served, or who are serving,
in Operation Iraqi Freedom; and
(8) no detainee shall be subject to torture or cruel,
inhuman, or degrading treatment or punishment that is prohibited
by the Constitution, laws, or treaties of United States.
(b) Policy.--It is the policy of the United States to--
(1) ensure that no detainee shall be subject to torture or
cruel, inhuman, or degrading treatment or punishment that is
prohibited by the Constitution, laws, or treaties of the United
States;
(2) investigate and prosecute, as appropriate, all alleged
instances of unlawful treatment of detainees in a manner
consistent with the international obligations, laws, or policies
of the United States;
(3) ensure that all personnel of the United States
Government understand their obligations in both wartime and
peacetime to comply with the legal prohibitions against torture,
cruel, inhuman, or degrading treatment of detainees in the
custody of the United States;
(4) ensure that, in a case in which there is doubt as to
whether a detainee is entitled to prisoner of war status under
the Geneva Conventions, such detainee receives the protections
accorded to prisoners of war until the detainee's status is
determined by a competent tribunal; and
(5) expeditiously process and, if appropriate, prosecute
detainees in the custody of the United States, including those
in the custody of the United States Armed Forces at Guantanamo
Bay, Cuba.
(c) Detainees.--For purposes of this section, the term ``detainee''
means a person in the custody or under the physical control of the
United States as a result of armed conflict.
SEC. 1092. <<NOTE: 10 USC 801 note.>> ACTIONS TO PREVENT THE ABUSE OF
DETAINEES.
(a) Policies Required.--The Secretary of Defense shall ensure that
policies are prescribed not later than 150 days after the date of the
enactment of this Act regarding procedures for Department of Defense
personnel and contractor personnel of the Department of Defense intended
to ensure that members of the Armed Forces, and all persons acting on
behalf of the Armed Forces or within facilities of the Armed Forces,
treat persons detained by the United States Government in a humane
manner consistent with the international obligations and laws of the
United States and the policies set forth in section 1091(b).
(b) Matters to Be Included.--In order to achieve the objective
stated in subsection (a), the policies under that subsection shall
specify, at a minimum, procedures for the following:
(1) Ensuring that each commander of a Department of Defense
detention facility or interrogation facility--
(A) provides all assigned personnel with training,
and documented acknowledgment of receiving training,
regarding the law of war, including the Geneva
Conventions; and
(B) establishes standard operating procedures for
the treatment of detainees.
[[Page 118 STAT. 2070]]
(2) Ensuring that each Department of Defense contract in
which contract personnel in the course of their duties interact
with individuals detained by the Department of Defense on behalf
of the United States Government include a requirement that such
contract personnel have received training, and documented
acknowledgment of receiving training, regarding the
international obligations and laws of the United States
applicable to the detention of personnel.
(3) Providing all detainees with information, in their own
language, of the applicable protections afforded under the
Geneva Conventions.
(4) Conducting periodic unannounced and announced
inspections of detention facilities in order to provide
continued oversight of interrogation and detention operations.
(5) Ensuring that, to the maximum extent practicable,
detainees and detention facility personnel of a different gender
are not alone together.
(c) Secretary of Defense Certification.--The Secretary of Defense
shall certify that all Federal employees and civilian contractors
engaged in the handling or interrogation of individuals detained by the
Department of Defense on behalf of the United States Government have
fulfilled an annual training requirement on the law of war, the Geneva
Conventions, and the obligations of the United States under
international law.
SEC. 1093. REPORTING REQUIREMENTS.
(a) Transmission of Regulations, Etc.--Not later than 30 days after
the date on which regulations, policies, and orders are first prescribed
under section 1092(a), the Secretary of Defense shall transmit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives copies of such regulations,
policies, or orders, together with a report on steps taken to the date
of the report to implement section 1092.
(b) One-Year Implementation Report.--Not later than one year after
the date on which regulations, policies, and orders are first prescribed
under section 1092(a), the Secretary shall submit to such committees a
report on further steps taken to implement section 1092 to the date of
such report.
(c) Annual Report.--Nine months after the date of the enactment of
this Act and annually thereafter, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report for the preceding 12-
months containing the following:
(1) Notice of any investigation into any violation of
international obligations or laws of the United States regarding
the treatment of individuals detained by the United States Armed
Forces or by a person providing services to the Department of
Defense on a contractual basis, if the notice will not
compromise any ongoing criminal or administrative investigation
or prosecution.
(2) General information on the foreign national detainees in
the custody of the Department of Defense during the 12-month
period covered by the report, including the following:
(A) The best estimate of the Secretary of Defense of
the total number of detainees in the custody of the
Department as of the date of the report.
[[Page 118 STAT. 2071]]
(B) The best estimate of the Secretary of Defense of
the total number of detainees released from the custody
of the Department during the period covered by the
report.
(C) An aggregate summary of the number of persons
detained as enemy prisoners of war, civilian internees,
and unlawful combatants, including information regarding
the average length of detention for persons in each
category.
(D) An aggregate summary of the nationality of
persons detained.
(E) Aggregate information as to the transfer of
detainees to the jurisdiction of other countries, and
the countries to which transferred.
(d) Classification of Reports.--Reports submitted under this section
shall be submitted, to the extent practicable, in unclassified form, but
may include a classified annex as necessary to protect the national
security of the United States.
(e) Termination.--The requirements of this section shall cease to be
in effect on December 31, 2007.
SEC. 1094. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY SPECIALIST
JOSEPH DARBY.
(a) Findings.--Congress makes the following findings:
(1) The need to act in accord with one's conscience, risking
one's career and even the esteem of one's colleagues by pursuing
what is right is especially important today.
(2) While the Department of Defense investigates the
horrific abuses in American detention facilities in Iraq, the
Nation should bear in mind that the abuses were only brought to
light because of the courage of an American soldier.
(3) By alerting his superiors to abuses at Abu Ghraib prison
in Iraq, Army Specialist Joseph Darby demonstrated the courage
to speak out and do what is right for his country.
(4) Such an action is especially important in light of the
many challenges facing the country.
(5) Specialist Darby deserves the Nation's thanks for
speaking up and for standing up for what is right.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should make every protection
available to Army Specialist Joseph Darby and others who
demonstrate such courage; and
(2) Specialist Darby should be commended appropriately by
the Secretary of the Army.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Payment of Federal employee health benefit premiums for
mobilized Federal employees.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian
intelligence personnel.
Sec. 1104. Pay parity for senior executives in defense nonappropriated
fund instrumentalities.
Sec. 1105. Science, mathematics, and research for transformation (SMART)
defense scholarship pilot program.
Sec. 1106. Report on how to recruit and retain individuals with foreign
language skills.
Sec. 1107. Plan on implementation and utilization of flexible personnel
management authorities in Department of Defense laboratories.
[[Page 118 STAT. 2072]]
SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PREMIUMS FOR
MOBILIZED FEDERAL EMPLOYEES.
(a) Authority to Continue Benefit Coverage.--Section 8905a of title
5, United States Code is amended--
(1) in subsection (a), by striking ``paragraph (1) or (2)
of'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``and'' at the
end;
(B) in paragraph (2)(C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) any employee who--
``(A) is enrolled in a health benefits plan under
this chapter;
``(B) is a member of a reserve component of the
armed forces;
``(C) is called or ordered to active duty in support
of a contingency operation (as defined in section
101(a)(13) of title 10);
``(D) is placed on leave without pay or separated
from service to perform active duty; and
``(E) serves on active duty for a period of more
than 30 consecutive days.''; and
(4) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) in the case of an employee described in
subsection (b)(3), the date which is 24 months after the
employee is placed on leave without pay or separated
from service to perform active duty.''.
(b) Authority for Agencies To Pay Premiums.--Subparagraph (C) of
section 8906(e)(3) of such title is amended by striking ``18 months''
and inserting ``24 months''.
(c) Effective Date.--The <<NOTE: 5 USC 8905a note.>> amendments made
by this section shall apply with respect to Federal employees called or
ordered to active duty on or after September 14, 2001.
SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.
(a) Eligibility for Service Not Related to Contingency Operations.--
Section 1596a(a)(2) of title 10, United States Code, is amended by
striking ``during a contingency operation supported by the armed
forces''.
(b) Effective Date.--The <<NOTE: 10 USC 1596a note.>> amendment by
this section shall take effect on the first day of the first month that
begins after the date of the enactment of this Act.
SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR CIVILIAN
INTELLIGENCE PERSONNEL.
(a) Pay Rates.--Section 1602 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``in relation to the
rates of pay provided in subpart D of part III of title 5 for
positions subject to that subpart which have corresponding
levels of duties and responsibilities'' and inserting ``in
relation to the
[[Page 118 STAT. 2073]]
rates of pay provided for comparable positions in the Department
of Defense and subject to the same limitations on maximum rates
of pay established for employees of the Department of Defense by
law or regulation'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) Performance Appraisal System.--Section 1606 of such title is
amended by adding at the end the following new subsection:
``(d) Performance Appraisals.--(1) The Defense Intelligence Senior
Executive Service shall be subject to a performance appraisal system
which, as designed and applied, is certified by the Secretary of Defense
under section 5307 of title 5 as making meaningful distinctions based on
relative performance.
``(2) The performance appraisal system applicable to the Defense
Intelligence Senior Executive Service under paragraph (1) may be the
same performance appraisal system that is established and implemented
within the Department of Defense for members of the Senior Executive
Service.''.
SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN DEFENSE NONAPPROPRIATED
FUND INSTRUMENTALITIES.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1587 the following new section:
``Sec. 1587a. Employees of nonappropriated fund instrumentalities:
senior executive pay levels
``(a) Authority.--To achieve the objective stated in subsection (b),
the Secretary of Defense may regulate the amount of total compensation
that is provided for senior executives of nonappropriated fund
instrumentalities who, for the fixing of pay by administrative action,
are under the jurisdiction of the Secretary of Defense or the Secretary
of a military department.
``(b) Pay Parity.--The objective of an action taken with respect to
the compensation of senior executives under subsection (a) is to provide
for parity between the total compensation provided for such senior
executives and total compensation that is provided for Department of
Defense employees in Senior Executive Service positions or other senior
executive positions.
``(c) Standards of Comparability.--Subject to subsection (d), the
Secretary of Defense shall prescribe the standards of comparison that
are to apply in the making of the determinations necessary to achieve
the objective stated in subsection (b).
``(d) Establishment of Pay Rates.--The Secretary of Defense shall
apply subsections (a) and (b) of section 5382 of title 5 in the
regulation of compensation under this section.
``(e) Relationship to Pay Limitation.--The Secretary of Defense may
exercise the authority provided in subsection (a) without regard to
section 5373 of title 5.
``(f) Definitions.--In this section:
``(1) The term `compensation' includes rate of basic pay.
``(2) The term `Senior Executive Service position' has the
meaning given such term in section 3132 of title 5.''.
[[Page 118 STAT. 2074]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1587 the following new item:
``1587a. Employees of nonappropriated fund instrumentalities: senior
executive pay levels.''.
SEC. 1105. <<NOTE: 10 USC 2192 note.>> SCIENCE, MATHEMATICS, AND
RESEARCH FOR TRANSFORMATION (SMART) DEFENSE SCHOLARSHIP
PILOT PROGRAM.
(a) Requirement for Program.--(1) The Secretary of Defense shall
carry out a pilot program to provide financial assistance for education
in science, mathematics, engineering, and technology skills and
disciplines that, as determined by the Secretary, are critical to the
national security functions of the Department of Defense and are needed
in the Department of Defense workforce.
(2) The pilot program under this section shall be carried out for
three years beginning on the date of the enactment of this Act.
(b) Scholarships.--(1) Under the pilot program, the Secretary of
Defense may award a scholarship in accordance with this section to a
person who--
(A) is a citizen of the United States;
(B) is pursuing an undergraduate or advanced degree in a
critical skill or discipline described in subsection (a) at an
institution of higher education; and
(C) enters into a service agreement with the Secretary of
Defense as described in subsection (c).
(2) The amount of the financial assistance provided under a
scholarship awarded to a person under this subsection shall be the
amount determined by the Secretary of Defense as being necessary to pay
all educational expenses incurred by that person, including tuition,
fees, cost of books, laboratory expenses, and expenses of room and
board. The expenses paid, however, shall be limited to those educational
expenses normally incurred by students at the institution of higher
education involved.
(c) Service Agreement for Recipients of Assistance.--(1) To receive
financial assistance under this section--
(A) in the case of an employee of the Department of Defense,
the employee shall enter into a written agreement to continue in
the employment of the department for the period of obligated
service determined under paragraph (2); and
(B) in the case of a person not an employee of the
Department of Defense, the person shall enter into a written
agreement to accept and continue employment in the Department of
Defense for the period of obligated service determined under
paragraph (2).
(2) For the purposes of this subsection, the period of obligated
service for a recipient of a scholarship under this section shall be the
period determined by the Secretary of Defense as being appropriate to
obtain adequate service in exchange for the financial assistance
provided under the scholarship. In no event may the period of service
required of a recipient be less than the total period of pursuit of a
degree that is covered by the scholarship. The period of obligated
service is in addition to any other period for which the recipient is
obligated to serve in the civil service of the United States.
[[Page 118 STAT. 2075]]
(3) An agreement entered into under this subsection by a person
pursuing an academic degree shall include any terms and conditions that
the Secretary of Defense determines necessary to protect the interests
of the United States or otherwise appropriate for carrying out this
section.
(d) Refund for Period of Unserved Obligated Service.--(1) A person
who voluntarily terminates service before the end of the period of
obligated service required under an agreement entered into under
subsection (c) shall refund to the United States an amount determined by
the Secretary of Defense as being appropriate to obtain adequate service
in exchange for financial assistance.
(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(3) The Secretary of Defense may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
(4) A discharge in bankruptcy under title 11, United States Code,
that is entered less than five years after the termination of an
agreement under this section does not discharge the person signing such
agreement from a debt arising under such agreement or under this
subsection.
(e) Relationship to Other Programs.--The pilot program under this
section is in addition to the authorities provided in chapter 111 of
title 10, United States Code. The Secretary of Defense shall coordinate
the provision of financial assistance under the authority of this
section with the provision of financial assistance under the authorities
provided in such chapter in order to maximize the benefits derived by
the Department of Defense from the exercise of all such authorities.
(f) Recommendation on Pilot Program.--Not <<NOTE: Deadline.>> later
than February 1, 2007, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform of the House of Representatives a
plan for expanding and improving the national defense science and
engineering workforce educational assistance pilot program carried out
under this section as appropriate to improve recruitment and retention
to meet the requirements of the Department of Defense for its science
and engineering workforce on a short-term basis and on a long-term
basis.
(g) Critical Hiring Need.--Section 3304(a)(3) of title 5, United
States Code, is amended by striking subparagraph (B) and inserting the
following:
``(B)(i) the Office of Personnel Management has
determined that there exists a severe shortage of
candidates or there is a critical hiring need; or
``(ii) the candidate is a participant in the
Science, Mathematics, and Research for Transformation
(SMART) Defense Scholarship Pilot Program under section
1105 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005.''.
(h) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given such term
in section 101 of the Higher Education Act of 1965 (21 U.S.C. 1001).
[[Page 118 STAT. 2076]]
SEC. 1106. REPORT ON HOW TO RECRUIT AND RETAIN INDIVIDUALS WITH FOREIGN
LANGUAGE SKILLS.
Not later than March 31, 2005, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives and the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House of
Representatives, a plan for expanding and improving the national
security foreign language workforce of the Department of Defense as
appropriate to improve recruitment and retention to meet the
requirements of the Department for its foreign language workforce on a
short-term basis and on a long-term basis.
SEC. 1107. PLAN ON IMPLEMENTATION AND UTILIZATION OF FLEXIBLE PERSONNEL
MANAGEMENT AUTHORITIES IN DEPARTMENT OF DEFENSE
LABORATORIES.
(a) Plan Required.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Under Secretary of Defense for
Personnel and Readiness shall jointly develop a plan for the effective
utilization of the personnel management authorities referred to in
subsection (b) in order to increase the mission responsiveness,
efficiency, and effectiveness of Department of Defense laboratories.
(b) Covered Authorities.--The personnel management authorities
referred to in this subsection are the personnel management authorities
granted to the Secretary of Defense by the provisions of law as follows:
(1) Section 342(b) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as
amended by section 1114 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-315)).
(2) Section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5
U.S.C. 3104 note).
(3) Section 9902(c) of title 5, United States Code.
(4) Such other provisions of law as the Under Secretaries
jointly consider appropriate for purposes of this section.
(c) Plan Elements.--The plan under subsection (a) shall--
(1) include such elements as the Under Secretaries jointly
consider appropriate to provide for the effective utilization of
the personnel management authorities referred to in subsection
(b) as described in subsection (a), including the
recommendations of the Under Secretaries for such additional
authorities, including authorities for demonstration programs or
projects, as are necessary to achieve the effective utilization
of such personnel management authorities; and
(2) include procedures, including a schedule for review and
decisions, on proposals to modify current demonstration programs
or projects, or to initiate new demonstration programs or
projects, on flexible personnel management at Department
laboratories
(d) Submittal to Congress.--The <<NOTE: Deadline.>> Under
Secretaries shall jointly submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives the plan under subsection (a) not later than December 1,
2005.
[[Page 118 STAT. 2077]]
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
Sec. 1201. Commanders' Emergency Response Program.
Sec. 1202. Assistance to Iraq and Afghanistan military and security
forces.
Sec. 1203. Redesignation and modification of authorities relating to
Inspector General of the Coalition Provisional Authority.
Sec. 1204. Presidential report on strategy for stabilization of Iraq.
Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
Sec. 1206. Report on contractors supporting deployed forces and
reconstruction efforts in Iraq.
Sec. 1207. United Nations Oil-for-Food Program.
Sec. 1208. Support of military operations to combat terrorism.
Subtitle B--Counterproliferation Matters
Sec. 1211. Defense international counterproliferation programs.
Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic
missiles.
Sec. 1213. Sense of Congress on the global partnership against the
spread of weapons of mass destruction.
Sec. 1214. Report on collaborative measures to reduce the risks of a
launch of Russian nuclear weapons.
Subtitle C--Other Matters
Sec. 1221. Authority for humanitarian assistance for the detection and
clearance of landmines extended to include other explosive
remnants of war.
Sec. 1222. Expansion of entities of the People's Republic of China
subject to certain presidential authorities when operating in
the United States.
Sec. 1223. Assignment of NATO naval personnel to submarine safety
programs.
Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
Sec. 1225. Bilateral exchanges and trade in defense articles and defense
services between the United States and the United Kingdom and
Australia.
Sec. 1226. Study on missile defense cooperation.
Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Fiscal Year 2005 Authority.--During fiscal year 2005, from funds
made available to the Department of Defense for operation and
maintenance pursuant to title XV, not to exceed $300,000,000 may be used
to provide funds--
(1) for the Commanders' Emergency Response Program,
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
reconstruction requirements within their areas of responsibility
by carrying out programs that will immediately assist the Iraqi
people; and
(2) for a similar program to assist the people of
Afghanistan.
(b) Quarterly Reports.--Not later than 15 days after the end of each
fiscal-year quarter (beginning with the first quarter of fiscal year
2005), the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made available
pursuant to the authority provided in this section or under any other
provision of law for the purposes stated in subsection (a).
[[Page 118 STAT. 2078]]
(c) Waiver Authority.--For purposes of the exercise of the authority
provided by this section or any other provision of law making funding
available for the Commanders' Emergency Response Program referred to in
subsection (a) (including a program referred to in paragraph (2) of that
subsection), the Secretary may waive any provision of law not contained
in this section that would (but for the waiver) prohibit, restrict,
limit, or otherwise constrain the exercise of that authority.
(d) Review of Laws.--Not <<NOTE: Deadline.>> later than 120 days
after the date of the enactment of this Act, the Secretary shall submit
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report identifying all
provisions of law that (if not waived) would prohibit, restrict, limit,
or otherwise constrain the exercise of the authority provided in this
section or any other provision of law using funds available for the
purposes stated in subsection (a).
SEC. 1202. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND SECURITY
FORCES.
(a) Authority.--The Secretary of Defense may provide assistance
under this section to Iraq and Afghanistan military and security forces.
Such assistance shall be provided, subject to the provisions of this
section, solely to enhance the ability of such forces to combat
terrorism and support United States or coalition military operations in
Iraq and Afghanistan, respectively.
(b) Type of Assistance.--Assistance provided under subsection (a)
may include equipment, supplies, services, and training.
(c) Limitations.--Assistance under this section or under any other
provision of law for the purpose described in subsection (a) may be
provided only from funds available to the Department of Defense for
fiscal year 2005 for operation and maintenance under title XV. The total
amount of such assistance may not exceed $500,000,000.
(d) Congressional Notification.--Before any provision of assistance
under this section or any other provision of law for the purpose
described in subsection (a), the Secretary of Defense shall submit to
the congressional defense committees a notification of the assistance
proposed to be provided. Any such notification shall be submitted not
less than 15 days before the provision of such assistance.
(e) Military and Security Forces Defined.--For purposes of this
section, the term ``military and security forces'' means national
armies, national guard forces, border security forces, civil defense
forces, infrastructure protection forces, and police.
SEC. 1203. REDESIGNATION AND MODIFICATION OF AUTHORITIES RELATING TO
INSPECTOR GENERAL OF THE COALITION PROVISIONAL AUTHORITY.
(a) Redesignation.--(1) Subsections (b) and (c)(1) of section 3001
of the Emergency Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117
Stat. 1234; 5 U.S.C. App. 3 section 8G note) are each amended by
striking ``Office of the Inspector General of the Coalition Provisional
Authority'' and inserting ``Office of the Special Inspector General for
Iraq Reconstruction''.
(2) Subsection (c)(1) of such section is further amended by striking
``Inspector General of the Coalition Provisional Authority''
[[Page 118 STAT. 2079]]
and inserting ``Special Inspector General for Iraq Reconstruction (in
this section referred to as the `Inspector General')''.
(3)(A) The heading of such section is amended to read as follows:
``SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.''.
(B) The heading of title III of such Act is amended to read as
follows:
``TITLE III--SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION''.
(b) Continuation in Office.--The <<NOTE: 5 USC app. 8G
note.>> individual serving as the Inspector General of the Coalition
Provisional Authority as of the date of the enactment of this Act may
continue to serve in that position after that date without reappointment
under paragraph (1) of section 3001(c) of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004, but remaining subject to removal as specified in
paragraph (4) of that section.
(c) Purposes.--Subsection (a) <<NOTE: 5 USC app. 8G note.>> of such
section is amended--
(1) in paragraph (1), by striking ``of the Coalition
Provisional Authority (CPA)'' and inserting ``funded with
amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund'';
(2) in paragraph (2)(B), by striking ``fraud'' and inserting
``waste, fraud,''; and
(3) in paragraph (3), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the Secretary
of State and the Secretary of Defense''.
(d) Responsibilities of Assistant Inspector General for Auditing.--
Subsection (d)(1) of such section is amended by striking ``of the
Coalition Provisional Authority'' and inserting ``supported by the Iraq
Relief and Reconstruction Fund''.
(e) Supervision.--Such section is further amended--
(1) in subsection (e)--
(A) in paragraph (1), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the
Secretary of State and the Secretary of Defense''; and
(B) in paragraph (2)--
(i) by striking ``Neither the head of the
Coalition Provisional Authority,'' and all that
follows through ``nor any other officer'' and
inserting ``No officer''; and
(ii) by striking ``investigation,'' and all
that follows through ``course of any'' and
inserting ``investigation related to the Iraq
Relief and Reconstruction Fund or from issuing any
subpoena during the course of any such'';
(2) in subsection (h)--
(A) in paragraphs (4)(B) and (5), by striking ``head
of the Coalition Provisional Authority'' and inserting
``Secretary of State or Secretary of Defense, as
appropriate,''; and
(B) in paragraph (5), by striking ``at the central
and field locations of the Coalition Provisional
Authority'' and
[[Page 118 STAT. 2080]]
inserting ``within the Department of Defense or at
appropriate locations of the Department of State in
Iraq'';
(3) in subsection (j)--
(A) in paragraph (1), by striking ``the head of the
Coalition Provisional Authority'' and inserting ``the
Secretary of State and the Secretary of Defense''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``the head of the
Coalition Provisional Authority'' the
first place it appears and inserting
``the Secretary of State or the
Secretary of Defense''; and
(II) by striking ``the head of the
Coalition Provisional Authority'' the
second place it appears and inserting
``the Secretary of State or the
Secretary of Defense, as the case may
be,''; and
(ii) in subparagraph (B), by striking ``the
head of the Coalition Provisional Authority'' and
inserting ``the Secretary of State or the
Secretary of Defense, as the case may be,''; and
(4) in subsection (k), by striking ``the head of the
Coalition Provisional Authority shall'' both places it appears
and inserting ``the Secretary of State and the Secretary of
Defense shall jointly''.
(f) Duties.--Subsection (f)(1) of such section is amended--
(1) in the matter preceding subparagraph (A), by striking
``appropriated funds by the Coalition Provisional Authority in
Iraq'' and inserting ``amounts appropriated or otherwise made
available to the Iraq Relief and Reconstruction Fund''; and
(2) in subparagraph (D), by striking ``the Coalition
Provisional Authority,'' and all that follows through
``Government, and'' and inserting ``departments, agencies, and
entities of the United States and''.
(g) Interagency Coordination.--Subsection (f) of such section is
further amended by striking paragraphs (4) and (5) and inserting the
following new paragraph (4):
``(4) In carrying out the duties, responsibilities, and authorities
of the Inspector General under this section, the Inspector General shall
coordinate with, and receive the cooperation of, each of the following:
``(A) The Inspector General of the Department of State.
``(B) The Inspector General of the Department of Defense.
``(C) The Inspector General of the United States Agency for
International Development.''.
(h) Powers and Authorities.--Subsection (g)(1) of such section is
amended by inserting before the period the following: ``, including the
authorities under subsection (e) of such section''.
(i) Reports.--Subsection (i) of such section is amended--
(1) in paragraph (1)--
(A) by striking the first sentence and inserting the
following: ``Not later than 30 days after the end of
each fiscal-year quarter, the Inspector General shall
submit to the appropriate committees of Congress a
report summarizing, for the period of that quarter and,
to the extent possible, the period from the end of such
quarter to the time of the submission of the report, the
activities during such period of the Inspector General
and the activities
[[Page 118 STAT. 2081]]
under programs and operations funded with amounts
appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund.'';
(B) in subparagraph (B), by striking ``the Coalition
Provisional Authority'' and inserting ``the Department
of Defense, the Department of State, and the United
States Agency for International Development, as
applicable,'';
(C) in subparagraph (E)--
(i) by striking ``the Coalition Provisional
Authority and of any other''; and
(ii) by striking ``appropriated funds'' and
inserting ``amounts appropriated or otherwise made
available to the Iraq Relief and Reconstruction
Fund''; and
(D) in subparagraph (F)(iii), by striking ``the
Coalition Provisional Authority'' and inserting ``the
contracting department or agency'';
(2) in paragraph (2), by striking ``by the Coalition
Provisional Authority'' and inserting ``by any department or
agency of the United States Government that involves the use of
amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund'';
(3) in paragraph (3)--
(A) by striking ``Not later than June 30, 2004, and
semiannually thereafter, the'' and inserting ``The'';
(B) by striking ``a report'' and inserting
``semiannual reports''; and
(C) and by adding at the end the following new
sentence: ``The first such report for a year, covering
the first six months of the year, shall be submitted not
later than July 31 of that year, and the second such
report, covering the second six months of the year,
shall be submitted not later than January 31 of the
following year.''; and
(4) in paragraph (4), by striking ``of the Coalition
Provisional Authority'' and inserting ``of the Department of
State and of the Department of Defense''.
(j) Termination.--Subsection (o) of such section is amended to read
as follows:
``(o) Termination.--The Office of the Inspector General shall
terminate on the date that is 10 months after the date, as determined by
the Secretary of State and the Secretary of Defense, on which 80 percent
of the amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund by chapter 2 of title II of this Act have
been obligated.''.
SEC. 1204. PRESIDENTIAL REPORT ON STRATEGY FOR STABILIZATION OF IRAQ.
(a) Stabilization Strategy.--Not later than 120 days after the date
of the enactment of this Act, the President shall submit to Congress an
unclassified report (with classified annex, if necessary) on the
strategy of the United States and coalition forces for stabilizing Iraq.
The report shall contain a detailed explanation of the strategy,
together with the following:
(1) A description of the efforts of the President to work
with the United Nations to provide support for, and assistance
to, the transitional government in Iraq and, in particular, the
efforts of the President to negotiate and secure adoption by the
United Nations Security Council of Resolution 1546.
[[Page 118 STAT. 2082]]
(2) A description of the efforts of the President to
continue to work with North Atlantic Treaty Organization (NATO)
member states and non-NATO member states to provide support for
and augment coalition forces, including--
(A) the current military forces of coalition
countries deployed to Iraq;
(B) the current police forces of coalition countries
deployed to Iraq;
(C) the current financial resources of coalition
countries pledged and provided for the stabilization and
reconstruction of Iraq; and
(D) a list of countries that have pledged to deploy
military or police forces, including the schedule and
level of such deployments.
(3) The strategic plan referred to in subsection (b)
relating to Iraqi security forces.
(4) A description of the efforts of the United States and
coalition forces to assist in the reconstruction of essential
infrastructure of Iraq, including the oil industry, electricity
generation, roads, schools, and hospitals.
(5) A description of the efforts of the United States,
coalition partners, and relevant international agencies to
assist in the development of political institutions and prepare
for democratic elections in Iraq.
(6) A description of the obstacles, including financial,
technical, logistic, personnel, political, and other obstacles,
faced by NATO in generating and deploying military forces out of
theater to locations such as Iraq.
(b) Iraqi Security Forces.--The President shall include in the
report under subsection (a) a strategic plan setting forth the manner in
which the coaltion will achieve the goal of establishing viable and
professional Iraqi security forces able to provide for the long-term
security of the Iraqi people. That strategic plan shall include at least
the following:
(1) Recruiting and retention goals, shown for each service
of the Iraqi security forces.
(2) Training plans for each service of the Iraqi security
forces.
(3) A description of metrics by which progress toward the
goal of Iraqi provision for its own security can be measured.
(4) A description of equipment needs, shown for each service
of the Iraqi security forces.
(5) A resourcing plan for achieving the goals of the
strategic plan.
(6) Personnel plans in terms of United States military and
contractor personnel to be used in training each such service.
(7) A description of challenges faced and opportunities
presented in particular regions of Iraq and a plan for
addressing those challenges.
(8) A discussion of training and deployment successes and
failures to the date of the report and how lessons from those
successes and failures will be incorporated into the strategic
plan.
(c) Quarterly Reports.--Not later than 30 days after the end of each
quarter of calendar year 2005, the Secretary of Defense shall submit to
the Congress a report on the actions taken under
[[Page 118 STAT. 2083]]
the strategic plan set forth pursuant to subsection (b) since the date
of the enactment of this Act. Each such report shall be prepared in
conjunction with the Secretary of State.
SEC. 1205. GUIDANCE ON CONTRACTORS SUPPORTING DEPLOYED FORCES IN IRAQ.
(a) Guidance.--Not <<NOTE: Deadline.>> later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall issue
guidance on how the Department of Defense shall manage contractor
personnel who support deployed forces and shall direct the Secretaries
of the military departments to develop procedures to ensure
implementation of that guidance. The guidance shall--
(1) establish policies for the use of contractors to support
deployed forces;
(2) delineate the roles and responsibilities of commanders
regarding the management and oversight of contractor personnel
who support deployed forces; and
(3) integrate into a single document other guidance and
doctrine that may affect Department of Defense responsibilities
to contractors in locations where members of the Armed Forces
are deployed.
(b) Issues to be Addressed.--The guidance issued under subsection
(a) shall address at least the following matters:
(1) Warning contractor security personnel of potentially
hazardous situations.
(2) Coordinating the movement of contractor security
personnel, especially through areas of increased risk or planned
or ongoing military operations.
(3) Rapidly identifying contractor security personnel by
members of the Armed Forces.
(4) Sharing relevant threat information with contractor
security personnel and receiving information gathered by
contractor security personnel for use by United States and
coalition forces.
(5) Providing appropriate assistance to contractor personnel
who become engaged in hostile situations.
(6) Providing medical assistance for, and evacuation of,
contractor personnel who become casualties as a result of enemy
actions.
(7) Investigating background and qualifications of
contractor security personnel and organizations.
(8) Establishing rules of engagement for armed contractor
security personnel, and ensuring proper training and compliance
with the rules of engagement.
(9) Establishing categories of security, intelligence, law
enforcement, and criminal justice functions that are--
(A) inherently governmental functions under Subpart
7.5 of the Federal Acquisition Regulation; or
(B) although not inherently governmental functions,
should not ordinarily be performed by contractors in
areas of operations.
(10) Establishing procedures for making and documenting
determinations about which security, intelligence, law
enforcement, and criminal justice functions will be performed by
military personnel and which will be performed by private
companies.
[[Page 118 STAT. 2084]]
(c) Report.--Not later than 30 days after issuing the guidance
required under subsection (a), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the guidance issued under subsection (a).
SEC. 1206. REPORT ON CONTRACTORS SUPPORTING DEPLOYED FORCES AND
RECONSTRUCTION EFFORTS IN IRAQ.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense 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 contractors
supporting deployed forces and reconstruction efforts in Iraq.
(b) Matters To Be Included.--The report required by subsection (a)
shall include, at a minimum, the following matters with respect to
contractors, and employees of contractors, described in subsection (a):
(1) A description of the overall chain of command and
oversight mechanisms that are in place to ensure adequate
command and supervision of such contractor employees in critical
security roles.
(2) A description of sanctions that are available to be
imposed on such a contractor employee who--
(A) fails to comply with a requirement of law or
regulation that applies to such employee; or
(B) engages in other misconduct.
(3) A description of disciplinary and criminal actions
brought against contractor employees during the period beginning
on May 1, 2003, and ending on the date of the enactment of this
Act.
(4) An explanation of the legal status of contractor
employees engaged in the performance of security functions in
Iraq after the transfer of sovereign power to Iraq on June 28,
2004.
(5) A specification of casualty and fatality figures for
contractor employees supporting deployed forces and
reconstruction efforts in Iraq, shown, to the extent
practicable, in the following categories:
(A) Total casualties and total fatalities.
(B) Casualties and fatalities among--
(i) nationals of the United States;
(ii) nationals of Iraq; and
(iii) nationals of states other than the
United States and Iraq.
(6) A description, to the maximum extent practicable, of
incidents in which contractor employees supporting deployed
forces and reconstruction efforts in Iraq have been engaged in
hostile fire or other incidents of note during the period
beginning on May 1, 2003, and ending on the date of the
enactment of this Act.
(c) Plans.--The Secretary shall include with the report under
subsection (a) the following plans:
(1) A plan for establishing and implementing a process for
collecting data on individual contractors, the value of the
contracts, the number of casualties incurred, and the number
[[Page 118 STAT. 2085]]
of personnel in Iraq performing the following services for the
Department of Defense and other Federal agencies:
(A) Personal security details.
(B) Nonmilitary site security.
(C) Nonmilitary convoy security.
(D) Interrogation services at interrogation centers
operated by the Department of Defense.
(2) A plan for ensuring that military commanders in the
theater of operations have accurate information on the number,
types, and sources of weapons and other critical equipment (such
as body armor, armored vehicles, secure communications and
friend-foe identification) that contractor personnel performing
services specified in paragraph (1) are authorized to possess.
(d) Coordination.--In the preparation of the report under this
section (including the plans under subsection (c)), the Secretary of
Defense shall coordinate, as appropriate, with the head of any Federal
agency that is involved in the procurement of services from contractors
supporting deployed forces and reconstruction efforts in Iraq. The head
of any such agency shall provide to the Secretary of Defense such
information as the Secretary may require about such contractors to
complete the report.
SEC. 1207. UNITED NATIONS OIL-FOR-FOOD PROGRAM.
(a) Access to Documents.--It is the sense of Congress that the
Secretary of State should seek to conclude a memorandum of understanding
with the Interim Government of Iraq to ensure that the United States
will have access to all documents in the possession of that Government
related to the United Nations Oil-for-Food Program.
(b) Information From the United Nations.--(1) The Secretary of State
shall use the voice and vote of the United States in the United Nations
to urge the Secretary General of the United Nations to provide to the
United States copies of all audits and core documents related to the
United Nations Oil-for-Food Program, including all audits, examinations,
studies, reviews, or similar documents prepared by the United Nations
Office of Internal Oversight Services and all responses to such
documents.
(2) It is the sense of Congress that, pursuant to section 941(b)(6)
of the United Nations Reform Act of 1999 (title IX of division A of H.R.
3427 of the 106th Congress, as enacted into law by section 1000(a)(7) of
Public Law 106-113; 113 Stat. 1501A-483), the Comptroller General should
have full and complete access to financial information relating to the
United Nations, including information related to the financial
transactions, organization, and activities of the United Nations Oil-
for-Food Program.
(3) The Secretary of State shall facilitate access by the
Comptroller General to the financial information described in paragraph
(2).
(c) Cooperation in Investigations.--The head of any Executive agency
(including the Secretary of State, the Secretary of Defense, the
Secretary of the Treasury, and the Director of the Central Intelligence
Agency) shall, upon a request in connection with an investigation of the
United Nations Oil-for-Food Program made by a committee of jurisdiction
of the Senate or House of Representatives, promptly provide to the
chairman of that committee--
[[Page 118 STAT. 2086]]
(1) access to any information or document described in
subsection (a) or (b) that is under the control of such agency
and responsive to the request; and
(2) cooperation in gaining access to information and
documents described in subsections (a) and (b) that are not
under the control of such agency, as appropriate.
(d) Review of Oil-for-Food Program by Comptroller General.--(1) The
Comptroller General shall conduct a review of the United Nations Oil-
for-Food Program, including the role of the United States in that
program. The review--
(A) in accordance with generally accepted government
auditing standards, should not interfere with any ongoing
criminal investigation or inquiry related to that program; and
(B) may take into account the results of any investigation
or inquiry related to that program.
(2) The head of each Executive agency shall fully cooperate with the
review of the Comptroller General under paragraph (1).
(e) Executive Agency Defined.--In this section, the term ``Executive
agency'' has the meaning given that term in section 105 of title 5,
United States Code.
SEC. 1208 SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM.
(a) Authority.--The Secretary of Defense may expend up to
$25,000,000 during any fiscal year during which this subsection is in
effect to provide support to foreign forces, irregular forces, groups,
or individuals engaged in supporting or facilitating ongoing military
operations by United States special operations forces to combat
terrorism.
(b) Procedures.--The Secretary of Defense shall establish procedures
for the exercise of the authority under subsection (a). The Secretary
shall notify the congressional defense committees of those procedures
before any exercise of that authority.
(c) Notification.--Upon using the authority provided in subsection
(a) to make funds available for support of an approved military
operation, the Secretary of Defense shall notify the congressional
defense committees expeditiously, and in any event in not less than 48
hours, of the use of such authority with respect to that operation. Such
a notification need be provided only once with respect to any such
operation. Any such notification shall be in writing.
(d) Limitation on Delegation.--The authority of the Secretary of
Defense to make funds available under subsection (a) for support of a
military operation may not be delegated.
(e) Intelligence Activities.--This section does not constitute
authority to conduct a covert action, as such term is defined in section
503(e) of the National Security Act of 1947 (50 U.S.C. 413b(e)).
(f) Annual Report.--Not later than 30 days after the close of each
fiscal year during which subsection (a) is in effect, the Secretary of
Defense shall submit to the congressional defense committees a report on
support provided under that subsection during that fiscal year. Each
such report shall describe the support provided, including a statement
of the recipient of the support and the amount obligated to provide the
support.
(g) Fiscal Year 2005 Limitation.--Support may be provided under
subsection (a) during fiscal year 2005 only from funds made
[[Page 118 STAT. 2087]]
available for operations and maintenance pursuant to title XV of this
Act.
(h) Period of Authority.--The authority under subsection (a) is in
effect during each of fiscal years 2005 through 2007.
Subtitle B--Counterproliferation Matters
SEC. 1211. DEFENSE INTERNATIONAL COUNTERPROLIFERATION PROGRAMS.
(a) International Security Program to Prevent Unauthorized Transfer
and Transportation of WMDs.--Subsection (b) of section 1424 of the
Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2333)
is amended to read as follows:
``(b) Other Countries.--The Secretary of Defense may carry out
programs under subsection (a) in a country other than a country
specified in that subsection if the Secretary determines that there
exists in that country a significant threat of the unauthorized transfer
and transportation of nuclear, biological, or chemical weapons or
related materials.''.
(b) International Training Program to Deter WMD Proliferation.--
Section 1504(e)(3)(A) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2918) is amended--
(1) by striking ``The training program referred to in
paragraph (1)(B) is a'' and inserting `The Secretary of Defense
may participate in a'';
(2) by inserting ``of'' after ``acquisition'';
(3) by striking ``and'' after ``countries,''; and
(4) by inserting before the period at the end the following:
``, and in other countries in which, as determined by the
Secretary of Defense, there exists a significant threat of such
proliferation and acquisition''.
SEC. 1212. <<NOTE: 22 USC 2797 note.>> POLICY AND SENSE OF CONGRESS ON
NONPROLIFERATION OF BALLISTIC MISSILES.
(a) Findings.--Congress makes the following findings:
(1) Certain countries are seeking to acquire ballistic
missiles and related technologies that could be used to attack
the United States or place at risk United States interests,
deployed members of the Armed Forces, and allies of the United
States and other friendly foreign countries.
(2) Certain countries continue to actively transfer or sell
ballistic missile technologies in contravention of standards of
behavior established by the United States and allies of the
United States and other friendly foreign countries.
(3) The spread of ballistic missiles and related
technologies worldwide has been slowed by a combination of
national and international export controls, forward-looking
diplomacy, and multilateral interdiction activities to restrict
the development and transfer of such missiles and technologies.
(b) Policy.--It is the policy of the United States to develop,
support, and strengthen international accords and other cooperative
efforts to curtail the proliferation of ballistic missiles and related
technologies which could threaten the territory of the United States,
allies of the United States and other friendly foreign countries,
[[Page 118 STAT. 2088]]
and deployed members of the Armed Forces of the United States with
weapons of mass destruction.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the United States should vigorously pursue foreign
policy initiatives aimed at eliminating, reducing, or retarding
the proliferation of ballistic missiles and related
technologies; and
(2) the United States and the international community should
continue to support and strengthen established international
accords and other cooperative efforts, including United Nations
Security Council Resolution 1540 (April 28, 2004) and the
Missile Technology Control Regime, that are designed to
eliminate, reduce, or retard the proliferation of ballistic
missiles and related technologies.
SEC. 1213. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP AGAINST THE
SPREAD OF WEAPONS OF MASS DESTRUCTION.
(a) Commendation of President.--Congress commends the President for
the steps taken at the G-8 summit at Sea Island, Georgia, on June 8-10,
2004--
(1) to demonstrate continued support for the Global
Partnership against the Spread of Nuclear Weapons and Materials
of Mass Destruction; and
(2) to expand the Partnership (A) by welcoming new members,
and (B) by using the Partnership to coordinate nonproliferation
projects in Libya, Iraq, and other countries.
(b) Future Actions.--It is the sense of Congress that the President
should seek to--
(1) expand the membership of donor nations to the Global
Partnership against the Spread of Nuclear Weapons and Materials
of Mass Destruction;
(2) ensure that the Russian Federation remains the primary
focus of the Partnership, but also seek to fund, through the
Partnership, efforts in other countries that need assistance to
secure or dismantle their own potentially vulnerable weapons or
materials;
(3) develop for the Partnership clear program goals;
(4) develop for the Partnership transparent project
prioritization and planning;
(5) develop for the Partnership project implementation
milestones under periodic review;
(6) develop under the Partnership agreements between
partners for project implementation; and
(7) give high priority and senior-level attention to
resolving disagreements on site access and worker liability
under the Partnership.
SEC. 1214. REPORT ON COLLABORATIVE MEASURES TO REDUCE THE RISKS OF A
LAUNCH OF RUSSIAN NUCLEAR WEAPONS.
Not later than November 1, 2005, the Secretary of Defense shall
submit to Congress a report on collaborative measures between the United
States and the Russian Federation to reduce the risks of a launch of a
nuclear-armed ballistic missile as a result of accident, misinformation,
miscalculation, or unauthorized use. The report shall provide--
(1) a description and assessment of the collaborative
measures that are currently in effect;
[[Page 118 STAT. 2089]]
(2) a description and assessment of other collaborative
measures that could be pursued in the future;
(3) an assessment of the potential contributions of such
collaborative measures to the national security of the United
States;
(4) an assessment of the effect of such collaborative
measures on relations between the United States and the Russian
Federation;
(5) a description of the obstacles and opportunities
associated with pursuing such collaborative measures; and
(6) an assessment of the future of the Joint Data Exchange
Center.
Subtitle C--Other Matters
SEC. 1221. AUTHORITY FOR HUMANITARIAN ASSISTANCE FOR THE DETECTION AND
CLEARANCE OF LANDMINES EXTENDED TO INCLUDE OTHER EXPLOSIVE
REMNANTS OF WAR.
(a) Extension of Authority.--Subsection (e)(5) of section 401 of
title 10, United States Code, is amended by inserting ``and other
explosive remnants of war'' after ``landmines'' both places it appears.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)(4)(A), by inserting ``or other
explosive remnants of war'' after ``landmines''; and
(2) in subsection (c)(2)(B), by striking ``landmine clearing
equipment or supplies'' and inserting ``equipment or supplies
for clearing landmines or other explosive remnants of war''.
SEC. 1222. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF CHINA
SUBJECT TO CERTAIN PRESIDENTIAL AUTHORITIES WHEN OPERATING
IN THE UNITED STATES.
Section 1237(b)(4)(B)(i) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is
amended--
(1) by inserting ``, or affiliated with,'' after ``or
controlled by''; and
(2) by inserting after ``the People's Liberation Army'' the
following: ``or a ministry of the government of the People's
Republic of China or that is owned or controlled by an entity
affiliated with the defense industrial base of the People's
Republic of China''.
SEC. 1223. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE SAFETY
PROGRAMS.
(a) In General.--Chapter 631 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7234. Submarine safety programs: participation of NATO naval
personnel
``(a) Acceptance of Assignment of Foreign Naval Personnel.--In order
to facilitate the development, standardization, and interoperability of
submarine vessel safety and rescue systems and procedures, the Secretary
of the Navy may conduct a program under which members of the naval
service of any of the member nations of the North Atlantic Treaty
Organization may be assigned
[[Page 118 STAT. 2090]]
to United States commands to work on such systems and procedures.
``(b) Reciprocity Not Required.--The authority under subsection (a)
is not an exchange program. Reciprocal assignments of members of the
Navy to the naval service of a foreign country is not a condition for
the exercise of such authority.
``(c) Costs for Foreign Personnel.--(1) The United States may not
pay the following costs for a member of a foreign naval service sent to
the United States under the program authorized by this section:
``(A) Salary.
``(B) Per diem.
``(C) Cost of living.
``(D) Travel costs.
``(E) Cost of language or other training.
``(F) Other costs.
``(2) Paragraph (1) does not apply to the following costs, which may
be paid by the United States:
``(A) The cost of temporary duty directed by the Secretary
of the Navy or an officer of the Navy authorized to do so.
``(B) The cost of training programs conducted to
familiarize, orient, or certify members of foreign naval
services regarding unique aspects of their assignments.
``(C) Costs incident to the use of the facilities of the
Navy in the performance of assigned duties.
``(d) Relationship to Other Authority.--The provisions of this
section shall apply in the exercise of any authority of the Secretary of
the Navy to enter into an agreement with the government of a foreign
country, subject to the concurrence of the Secretary of State, to
provide for the assignment of members of the naval service of the
foreign country to a Navy submarine safety program. The Secretary of the
Navy may prescribe regulations for the application of this section in
the exercise of such authority.
``(e) Termination of Authority.--The Secretary of the Navy may not
accept the assignment of a member of the naval service of a foreign
country under this section after September 30, 2008.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7234. Submarine safety programs: participation of NATO naval
personnel.''.
SEC. 1224. AVAILABILITY OF WARSAW INITIATIVE FUNDS FOR NEW NATO MEMBERS.
(a) Availability of Funds.--Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance, defense-
wide activities, and available for the Defense Security Cooperation
Agency for the Warsaw Initiative Funds (WIF), $4,000,000 may be
available only in fiscal year 2005 for the participation of the North
Atlantic Treaty Organization (NATO) members set forth in subsection (b)
in the exercises and programs of the Partnership for Peace program of
the North Atlantic Treaty Organization.
(b) NATO Members.--The North Atlantic Treaty Organization members
set forth in this subsection are as follows:
(1) Bulgaria.
(2) Estonia.
(3) Latvia.
[[Page 118 STAT. 2091]]
(4) Lithuania.
(5) Romania.
(6) Slovakia.
(7) Slovenia.
SEC. 1225. <<NOTE: 22 USC 2751 note.>> BILATERAL EXCHANGES AND TRADE IN
DEFENSE ARTICLES AND DEFENSE SERVICES BETWEEN THE UNITED
STATES AND THE UNITED KINGDOM AND AUSTRALIA.
(a) Policy.--It is the policy of Congress that bilateral exchanges
and trade in defense articles and defense services between the United
States and the United Kingdom and Australia are in the national security
interest of the United States and that such exchanges and trade should
be subjected to accelerated review and processing consistent with
national security and the requirements of the Arms Export Control Act
(22 U.S.C. 2751 et seq.).
(b) Requirement.--The Secretary of State shall ensure that any
license application submitted for the export of defense articles or
defense services to Australia or the United Kingdom is expeditiously
processed by the Department of State, in consultation with the
Department of Defense, without referral to any other Federal department
or agency, except where the item is classified or exceptional
circumstances apply.
(c) Regulations.--The <<NOTE: President.>> President shall ensure
that regulations are prescribed to implement this section.
SEC. 1226. STUDY ON MISSILE DEFENSE COOPERATION.
(a) Requirement for Study.--The Secretary of Defense, in
consultation with the Secretary of State, shall carry out a study to
determine the advisability of authorizing or requiring--
(1) the Secretary of State to establish procedures for
considering technical assistance agreements and related
amendments and munitions license applications for the export of
defense items related to missile defense not later than 30 days
after receiving such agreements, amendments, and munitions
license applications, except in cases in which the Secretary of
State determines that additional time is required to complete a
review of a technical assistance agreement or related amendment
or a munitions license application for foreign policy or
national security reasons, including concerns regarding the
proliferation of ballistic missile technology; and
(2) the Secretary of Defense to establish procedures to
increase the efficiency and transparency of the practices used
by the Department of Defense to review technical assistance
agreements and related amendments and munitions license
applications related to international cooperation on missile
defense that are referred to the Department.
(b) Feasibility of Requiring Comprehensive Authorizations for
Missile Defense.--In carrying out the study under subsection (a), the
Secretary of Defense, in consultation with the Secretary of State, shall
examine the feasibility of providing major project authorizations for
programs related to missile defense similar to the comprehensive export
authorization specified in section 126.14 of the International Traffic
in Arms Regulations (section 126.14 of title 22, Code of Federal
Regulations).
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall, in consultation with the
Secretary of State, submit to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate
[[Page 118 STAT. 2092]]
and the Committee on Armed Services and the Committee on International
Relations of the House of Representatives a report on the results of the
study under subsection (a). The report shall include--
(1) the determinations resulting from the study, including a
determination on the feasibility of providing the major project
authorization for projects related to missile defense described
in subsection (b); and
(2) a discussion of the justification for each such
determination.
(d) Definition of Defense Items.--In this section, the term
``defense items'' has the meaning given that term in section 38(j)(4)(A)
of the Arms Export Control Act (22 U.S.C. 2778(j)(4)(A)).
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Temporary authority to waive limitation on funding for
chemical weapons destruction facility in Russia.
Sec. 1304. Inclusion of descriptive summaries in annual Cooperative
Threat Reduction reports and budget justification materials.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2005 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 2005 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $409,200,000 authorized
to be appropriated to the Department of Defense for fiscal year 2005 in
section 301(19) for Cooperative Threat Reduction programs, the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$58,522,000.
(2) For nuclear weapons storage security in Russia,
$48,672,000.
(3) For nuclear weapons transportation security in Russia,
$26,300,000.
(4) For weapons of mass destruction proliferation prevention
in the states of the former Soviet Union, $40,030,000.
[[Page 118 STAT. 2093]]
(5) For chemical weapons destruction in Russia,
$158,400,000.
(6) For biological weapons proliferation prevention in the
former Soviet Union, $54,959,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,317,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2005 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (8) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2005 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2005 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount authorized
for such purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in paragraph
(1), obligate amounts for a purpose stated in any of paragraphs (5)
through (8) of subsection (a) in excess of 125 percent of the specific
amount authorized for such purpose.
SEC. 1303. <<NOTE: 22 USC 5952 note.>> TEMPORARY AUTHORITY TO WAIVE
LIMITATION ON FUNDING FOR CHEMICAL WEAPONS DESTRUCTION
FACILITY IN RUSSIA.
(a) Temporary Authority.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C.
5952 note) shall not apply for a calendar year for which the President
submits to Congress a written certification that includes--
(1) a statement as to why a waiver of the conditions
described in such section 1305 is important to the national
security interests of the United States;
(2) a full and complete justification for the waiver of the
conditions; and
(3) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status, and location of its
chemical weapons stockpile.
[[Page 118 STAT. 2094]]
(b) Expiration.--The authority in subsection (a) shall expire on
December 31, 2006, and no waiver shall remain in effect after that date.
SEC. 1304. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL COOPERATIVE
THREAT REDUCTION REPORTS AND BUDGET JUSTIFICATION MATERIALS.
Section 1307 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2165; 22 U.S.C.
5952 note) is amended--
(1) in subsection (a), by striking ``as part of the
Secretary's annual budget request to Congress'' in the matter
preceding paragraph (1) and inserting ``in the materials and
manner specified in subsection (c)''; and
(2) by adding at the end the following new subsection:
``(c) Inclusion in Certain Materials Submitted to Congress.--The
summary required to be submitted to Congress in a fiscal year under
subsection (a) shall be set forth by project category, and by amounts
specified in paragraphs (1) and (2) of that subsection in connection
with such project category, in each of the following:
``(1) The annual report on activities and assistance under
Cooperative Threat Reduction programs required in such fiscal
year under section 1308 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398).
``(2) The budget justification materials submitted to
Congress in support of the Department of Defense budget for the
fiscal year succeeding such fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code).''.
TITLE XIV--SUNKEN MILITARY CRAFT
Sec. 1401. Preservation of title to sunken military craft and associated
contents.
Sec. 1402. Prohibitions.
Sec. 1403. Permits.
Sec. 1404. Penalties.
Sec. 1405. Liability for damages.
Sec. 1406. Relationship to other laws.
Sec. 1407. Encouragement of agreements with foreign countries.
Sec. 1408. Definitions.
SEC. 1401. <<NOTE: 10 USC 113 note.>> PRESERVATION OF TITLE TO SUNKEN
MILITARY CRAFT AND ASSOCIATED CONTENTS.
Right, title, and interest of the United States in and to any United
States sunken military craft--
(1) shall not be extinguished except by an express
divestiture of title by the United States; and
(2) shall not be extinguished by the passage of time,
regardless of when the sunken military craft sank.
SEC. 1402. <<NOTE: 10 USC 113 note.>> PROHIBITIONS.
(a) Unauthorized Activities Directed at Sunken Military Craft.--No
person shall engage in or attempt to engage in any activity directed at
a sunken military craft that disturbs, removes, or injures any sunken
military craft, except--
(1) as authorized by a permit under this title;
[[Page 118 STAT. 2095]]
(2) as authorized by regulations issued under this title; or
(3) as otherwise authorized by law.
(b) Possession of Sunken Military Craft.--No person may possess,
disturb, remove, or injure any sunken military craft in violation of--
(1) this section; or
(2) any prohibition, rule, regulation, ordinance, or permit
that applies under any other applicable law.
(c) Limitations on Application.--
(1) Actions by united states.--This section shall not apply
to actions taken by, or at the direction of, the United States.
(2) Foreign persons.--This section shall not apply to any
action by a person who is not a citizen, national, or resident
alien of the United States, except in accordance with--
(A) generally recognized principles of international
law;
(B) an agreement between the United States and the
foreign country of which the person is a citizen; or
(C) in the case of an individual who is a crew
member or other individual on a foreign vessel or
foreign aircraft, an agreement between the United States
and the flag State of the foreign vessel or aircraft
that applies to the individual.
(3) Loan of sunken military craft.--This section does not
prohibit the loan of United States sunken military craft in
accordance with regulations issued by the Secretary concerned.
SEC. 1403. <<NOTE: 10 USC 113 note.>> PERMITS.
(a) In General.--The Secretary concerned may issue a permit
authorizing a person to engage in an activity otherwise prohibited by
section 1402 with respect to a United States sunken military craft, for
archaeological, historical, or educational purposes, in accordance with
regulations issued by such Secretary that implement this section.
(b) Consistency With Other Laws.--The Secretary concerned shall
require that any activity carried out under a permit issued by such
Secretary under this section must be consistent with all requirements
and restrictions that apply under any other provision of Federal law.
(c) Consultation.--In carrying out this section (including the
issuance after the date of the enactment of this Act of regulations
implementing this section), the Secretary concerned shall consult with
the head of each Federal agency having authority under Federal law with
respect to activities directed at sunken military craft or the locations
of such craft.
(d) Application to Foreign Craft.--At the request of any foreign
State, the Secretary of the Navy, in consultation with the Secretary of
State, may carry out this section (including regulations promulgated
pursuant to this section) with respect to any foreign sunken military
craft of that foreign State located in United States waters.
SEC. 1404. <<NOTE: 10 USC 113 note.>> PENALTIES.
(a) In General.--Any person who violates this title, or any
regulation or permit issued under this title, shall be liable to the
United States for a civil penalty under this section.
[[Page 118 STAT. 2096]]
(b) Assessment and Amount.--The Secretary concerned may assess a
civil penalty under this section, after notice and an opportunity for a
hearing, of not more than $100,000 for each violation.
(c) Continuing Violations.--Each day of a continued violation of
this title or a regulation or permit issued under this title shall
constitute a separate violation for purposes of this section.
(d) In Rem Liability.--A vessel used to violate this title shall be
liable in rem for a penalty under this section for such violation.
(e) Other Relief.--If the Secretary concerned determines that there
is an imminent risk of disturbance of, removal of, or injury to any
sunken military craft, or that there has been actual disturbance of,
removal of, or injury to a sunken military craft, the Attorney General,
upon request of the Secretary concerned, may seek such relief as may be
necessary to abate such risk or actual disturbance, removal, or injury
and to return or restore the sunken military craft. The district courts
of the United States shall have jurisdiction in such a case to order
such relief as the public interest and the equities of the case may
require.
(f) Limitations.--An action to enforce a violation of section 1402
or any regulation or permit issued under this title may not be brought
more than 8 years after the date on which--
(1) all facts material to the right of action are known or
should have been known by the Secretary concerned; and
(2) the defendant is subject to the jurisdiction of the
appropriate district court of the United States or
administrative forum.
SEC. 1405. <<NOTE: 10 USC 113 note.>> LIABILITY FOR DAMAGES.
(a) In General.--Any person who engages in an activity in violation
of section 1402 or any regulation or permit issued under this title that
disturbs, removes, or injures any United States sunken military craft
shall pay the United States enforcement costs and damages resulting from
such disturbance, removal, or injury.
(b) Included Damages.--Damages referred to in subsection (a) may
include--
(1) the reasonable costs incurred in storage, restoration,
care, maintenance, conservation, and curation of any sunken
military craft that is disturbed, removed, or injured in
violation of section 1402 or any regulation or permit issued
under this title; and
(2) the cost of retrieving, from the site where the sunken
military craft was disturbed, removed, or injured, any
information of an archaeological, historical, or cultural
nature.
SEC. 1406. <<NOTE: 10 USC 113 note.>> RELATIONSHIP TO OTHER LAWS.
(a) In General.--Except to the extent that an activity is undertaken
as a subterfuge for activities prohibited by this title, nothing in this
title is intended to affect--
(1) any activity that is not directed at a sunken military
craft; or
(2) the traditional high seas freedoms of navigation,
including--
(A) the laying of submarine cables and pipelines;
(B) operation of vessels;
(C) fishing; or
(D) other internationally lawful uses of the sea
related to such freedoms.
[[Page 118 STAT. 2097]]
(b) International Law.--This title and any regulations implementing
this title shall be applied in accordance with generally recognized
principles of international law and in accordance with the treaties,
conventions, and other agreements to which the United States is a party.
(c) Law of Finds.--The law of finds shall not apply to--
(1) any United States sunken military craft, wherever
located; or
(2) any foreign sunken military craft located in United
States waters.
(d) Law of Salvage.--No salvage rights or awards shall be granted
with respect to--
(1) any United States sunken military craft without the
express permission of the United States; or
(2) any foreign sunken military craft located in United
States waters without the express permission of the relevant
foreign state.
(e) Law of Capture or Prize.--Nothing in this title is intended to
alter the international law of capture or prize with respect to sunken
military craft.
(f) Limitation of Liability.--Nothing in sections 4281 through 4287
and 4289 of the Revised Statutes (46 U.S.C. App. 181 et seq.) or section
3 of the Act of February 13, 1893 (chapter 105; 27 Stat. 445; 46 U.S.C.
App. 192), shall limit the liability of any person under this section.
(g) Authorities of the Commandant of the Coast Guard.--Nothing in
this title is intended to preclude or limit the application of any other
law enforcement authorities of the Commandant of the Coast Guard.
(h) Prior Delegations, Authorizations, and Related Regulations.--
Nothing in this title shall invalidate any prior delegation,
authorization, or related regulation that is consistent with this title.
(i) Criminal Law.--Nothing in this title is intended to prevent the
United States from pursuing criminal sanctions for plundering of wrecks,
larceny of Government property, or violation of any applicable criminal
law.
SEC. 1407. <<NOTE: 10 USC 113 note.>> ENCOURAGEMENT OF AGREEMENTS WITH
FOREIGN COUNTRIES.
The Secretary of State, in consultation with the Secretary of
Defense, is encouraged to negotiate and conclude bilateral and
multilateral agreements with foreign countries with regard to sunken
military craft consistent with this title.
SEC. 1408. <<NOTE: 10 USC 113 note.>> DEFINITIONS.
In this title:
(1) Associated contents.--The term ``associated contents''
means--
(A) the equipment, cargo, and contents of a sunken
military craft that are within its debris field; and
(B) the remains and personal effects of the crew and
passengers of a sunken military craft that are within
its debris field.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) subject to subparagraph (B), the Secretary of a
military department; and
[[Page 118 STAT. 2098]]
(B) in the case of a Coast Guard vessel, the
Secretary of the Department in which the Coast Guard is
operating.
(3) Sunken military craft.--The term ``sunken military
craft'' means all or any portion of--
(A) any sunken warship, naval auxiliary, or other
vessel that was owned or operated by a government on
military noncommercial service when it sank;
(B) any sunken military aircraft or military
spacecraft that was owned or operated by a government
when it sank; and
(C) the associated contents of a craft referred to
in subparagraph (A) or (B),
if title thereto has not been abandoned or transferred by the
government concerned.
(4) United states contiguous zone.--The term ``United States
contiguous zone'' means the contiguous zone of the United States
under Presidential Proclamation 7219, dated September 2, 1999.
(5) United states internal waters.--The term ``United States
internal waters'' means all waters of the United States on the
landward side of the baseline from which the breadth of the
United States territorial sea is measured.
(6) United states territorial sea.--The term ``United States
territorial sea'' means the waters of the United States
territorial sea under Presidential Proclamation 5928, dated
December 27, 1988.
(7) United states waters.--The term ``United States waters''
means United States internal waters, the United States
territorial sea, and the United States contiguous zone.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Operation and maintenance.
Sec. 1506. Defense working capital funds.
Sec. 1507. Iraq Freedom Fund.
Sec. 1508. Defense health program.
Sec. 1509. Military personnel.
Sec. 1510. Treatment as additional authorizations.
Sec. 1511. Transfer authority.
SEC. 1501. PURPOSE.
The purpose of this title is to authorize emergency appropriations
for the Department of Defense for fiscal year 2005 to provide funds for
additional costs due to Operation Iraqi Freedom and Operation Enduring
Freedom. Funds in this title are available upon the enactment of this
Act.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement accounts of the Army in amounts as follows:
[[Page 118 STAT. 2099]]
(1) For weapons and tracked combat vehicles, $50,000,000.
(2) For ammunition, $110,000,000.
(3) For other procurement, $755,000,000.
(4) For National Guard and Reserve equipment, $50,000,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2005 for the procurement account for the Marine Corps in
the amount of $150,000,000.
(b) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2005 for the procurement account for
ammunition for the Navy and the Marine Corps in the amount of
$30,000,000.
SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the procurement account for Defense-wide procurement in the amount
of $50,000,000.
SEC. 1505. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2005
for the use of the Armed Forces for expenses, not otherwise provided
for, operation and maintenance, in amounts as follows:
(1) For the Army, $13,550,000,000.
(2) For the Navy, $367,000,000.
(3) For the Marine Corps, $1,665,000,000.
(4) For the Air Force, $419,000,000.
(5) For Defense-wide, $404,000,000.
SEC. 1506. DEFENSE WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2005
for Defense Working Capital Program in the amount of $1,478,000,000.
SEC. 1507. IRAQ FREEDOM FUND.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2005 for the account of the Iraq Freedom Fund in amount of
$3,892,000,000, to remain available for transfer to other accounts in
this title until September 30, 2006. Amounts of authorization so
transferred shall be merged with and be made available for the same
purposes as the authorization to which transferred. Of the amounts
provided in this section $1,800,000,000 shall only be used for
classified programs.
(b) Notice to Congress.--A transfer may be made from the Iraq
Freedom Fund only after the Secretary of Defense notifies the
congressional defense committees with respect to the proposed transfer
in writing not less than five days before the transfer is made.
SEC. 1508. 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,
the Defense Health Program, in the amount of $780,000,000, for Operation
and Maintenance.
[[Page 118 STAT. 2100]]
SEC. 1509. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel accounts for fiscal year 2005 a total of
$1,250,000,000.
SEC. 1510. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1511. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination by
the Secretary of Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal year
2005 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the authorization
to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$1,500,000,000. The transfer authority provided in this section is in
addition to any other transfer authority available to the Secretary of
Defense.
(b) Limitations.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not be combined with the authority under section
1001.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--A transfer may be made under the authority
of this section only after the Secretary of Defense--
(1) consults with the chairmen and ranking members of the
congressional defense committees with respect to the proposed
transfer; and
(2) after such consultation, notifies those committees in
writing of the proposed transfer not less than five days before
the transfer is made.
DIVISION B--MILITARY <<NOTE: Military Construction Authorization Act for
Fiscal Year 2005.>> CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2005''.
[[Page 118 STAT. 2101]]
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2003 project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot......................... $23,690,000
Fort Rucker................................. $16,000,000
Alaska.......................................... Fort Richardson............................. $24,300,000
Fort Wainwright............................. $92,459,000
Arizona......................................... Fort Huachuca............................... $18,000,000
California...................................... Fort Irwin.................................. $38,100,000
Sierra Army Depot........................... $12,600,000
Colorado........................................ Fort Carson................................. $59,508,000
Florida......................................... Camp Rudder................................. $1,850,000
Georgia......................................... Fort Benning................................ $71,777,000
Fort Gillem................................. $5,800,000
Fort McPherson.............................. $4,900,000
Fort Stewart/Hunter Army Air Field.......... $65,495,000
Hawaii.......................................... Helemano Military Reservation............... $75,300,000
Hickam Air Force Base....................... $11,200,000
Schofield Barracks.......................... $249,792,000
Kansas.......................................... Fort Riley.................................. $59,550,000
Kentucky........................................ Fort Campbell............................... $89,600,000
Fort Knox................................... $75,750,000
Louisiana....................................... Fort Polk................................... $70,953,000
Maryland........................................ Aberdeen Proving Ground..................... $13,000,000
Fort Detrick................................ $4,000,000
Missouri........................................ Fort Leonard Wood........................... $31,850,000
New Jersey...................................... Picatinny Arsenal........................... $9,900,000
New Mexico...................................... White Sands Missile Range................... $33,000,000
New York........................................ Fort Drum................................... $13,650,000
Fort Hamilton............................... $7,600,000
Hancock Field............................... $6,000,000
Military Entrance Processing Station, $6,200,000
Buffalo....................................
United States Military Academy, West Point.. $60,000,000
North Carolina.................................. Fort Bragg.................................. $111,687,000
Oklahoma........................................ Fort Sill................................... $17,800,000
Pennsylvania.................................... Letterkenny Depot........................... $5,400,000
Texas........................................... Fort Bliss.................................. $19,400,000
Fort Hood................................... $85,188,000
Fort Sam Houston............................ $11,400,000
Virginia........................................ Fort A.P. Hill.............................. $10,775,000
Fort Lee.................................... $4,250,000
Fort Myer................................... $49,526,000
Washington...................................... Fort Lewis.................................. $56,200,000
-----------------
Total................................... $1,623,450,000
----------------------------------------------------------------------------------------------------------------
[[Page 118 STAT. 2102]]
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Grafenwoehr.............. $77,200,000
Italy........................ Livorno.................. $26,000,000
Korea........................ Camp Humphreys........... $12,000,000
---------------
Total................ $115,200,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting facilities) at
the installations or locations, for the purposes, and in the amounts set
forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Richardson........... 92 Units.................. $42,000,000
Fort Wainwright........... 246 Units................. $124,000,000
Arizona................................. Fort Huachuca............. 205 Units................. $41,000,000
Yuma Proving Ground....... 55 Units.................. $14,900,000
Kansas.................................. Fort Riley................ 126 Units................. $33,000,000
New Mexico.............................. White Sands Missile Range. 156 Units................. $31,000,000
Oklahoma................................ Fort Sill................. 247 Units................. $47,000,000
Virginia................................ Fort Lee.................. 218 Units................. $46,000,000
Fort Monroe............... 68 Units.................. $16,000,000
---------------
Total................. .......................... $394,900,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(5)(A), the Secretary
of the Army may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$29,209,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $211,990,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2004, for
military construction, land acquisition, and
[[Page 118 STAT. 2103]]
military family housing functions of the Department of the Army in the
total amount of $3,537,141,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,453,950,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $115,200,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $151,335,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $636,099,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $926,507,000.
(6) For the construction of phase 2 of a barracks complex,
5th & 16th Street, at Fort Stewart/Hunter Army Air Field,
Georgia, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1697), $32,950,000.
(7) For the construction of phase 3 of a barracks complex
renewal, Capron Road, at Schofield Barracks, Hawaii, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107; 115
Stat. 1283), as amended by section 2105 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1697), $48,000,000.
(8) For the construction of phase 2 of the Lewis & Clark
instructional facility at Fort Leavenworth, Kansas, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2681), $44,000,000.
(9) For the construction of phase 2 of a barracks complex at
Wheeler Sack Army Air Field at Fort Drum, New York, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), $48,000,000.
(10) For the construction of phase 2 of a barracks complex,
Bastogne Drive, Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1697), $48,000,000.
(11) For the construction of phase 3 of a maintenance
complex at Fort Sill, Oklahoma, authorized by section 2101(a) of
the Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2681), $13,100,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the sum of the following:
[[Page 118 STAT. 2104]]
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $41,000,000 (the balance of the amount authorized under
section 2101(a) to upgrade Drum Road, Helemano Military
Reservation, Hawaii).
(3) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a vehicle maintenance
facility, Schofield Barracks, Hawaii).
(4) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Fort
Campbell, Kentucky).
(5) $22,000,000 (the balance of the amount authorized under
section 2101(a) for construction of trainee barracks, Basic
Training Complex 1, Fort Knox, Kentucky).
(6) $25,500,000 (the balance of the amount authorized under
section 2101(a) for construction of a library and learning
facility, United States Military Academy, West Point, New York).
(7) $31,000,000 (the balance of the amount authorized under
section 2101(a) for a barracks complex renewal project, Fort
Bragg, North Carolina).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (11) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$5,550,000, which represents prior year savings.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2004 PROJECTS.
(a) Modification of Inside the United States Projects.--The table in
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1697) is
amended--
(1) in the item relating to Fort Stewart/Hunter Army Air
Field, Georgia, by striking ``$113,500,000'' in the amount
column and inserting ``$114,450,000'';
(2) in the item relating to Fort Drum, New York, by striking
``$130,700,000'' in the amount column and inserting
``$135,700,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$1,043,150,000''.
(b) Conforming Amendments.--Section 2104(b) of that Act (117 Stat.
1700) is amended--
(1) in paragraph (2), by striking ``$32,000,000'' and
inserting ``$32,950,000''; and
(2) in paragraph (4), by striking ``$43,000,000'' and
inserting ``$48,000,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2003 PROJECT.
(a) Modification of Inside the United States Project.--The table in
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2681), as
amended by section 2105(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1700), is further amended--
[[Page 118 STAT. 2105]]
(1) in the item relating to Fort Sill, Oklahoma, by striking
``$39,652,000'' in the amount column and inserting
``$40,752,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,157,267,000''.
(b) Conforming Amendment.--Section 2104(b)(6) of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2684) is amended by striking
``$25,000,000'' and inserting ``$26,100,000''.
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. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Arizona...................... Marine Corps Air Station, $26,670,000
Yuma.
California................... Marine Corps Air-Ground $15,700,000
Task Force Training
Center, Twentynine Palms
Marine Corps Air Station, $11,540,000
Camp Pendleton..........
Marine Corps Base, Camp $26,915,000
Pendleton...............
Marine Corps Logistics $4,930,000
Base, Barstow...........
Naval Air Facility, El $54,331,000
Centro..................
Naval Air Station, North $10,180,000
Island..................
Naval Surface Warfare $9,850,000
Center, Division Corona.
Recruit Depot San Diego.. $8,110,000
Connecticut.................. Naval Submarine Base, New $50,302,000
London..................
District of Columbia......... Naval Observatory, $3,239,000
Washington..............
Florida...................... Eglin Air Force Base..... $2,060,000
Naval Station, Mayport... $6,200,000
Georgia...................... Strategic Weapons $16,000,000
Facility Atlantic, Kings
Bay.....................
Hawaii....................... Naval Shipyard, Pearl $5,100,000
Harbor..................
Illinois..................... Naval Training Center, $74,781,000
Great Lakes.............
Indiana...................... Naval Surface Warfare $12,600,000
Center, Crane...........
Maine........................ Naval Air Station, $6,220,000
Brunswick...............
Maryland..................... Naval Surface Warfare $23,000,000
Center, Indian Head.....
North Carolina............... Marine Corps Air Station, $35,140,000
New River...............
Marine Corps Base, Camp $11,030,000
Lejeune.................
Navy Outlying Landing $136,900,000
Field, Washington County
Nevada....................... Naval Air Station, Fallon $4,980,000
Rhode Island................. Naval Air Station, $5,490,000
Newport.................
South Carolina............... Marine Corps Air Station, $5,480,000
Beaufort................
Naval Weapons Station, $12,209,000
Charleston..............
[[Page 118 STAT. 2106]]
Virginia..................... Camp Elmore Marine Corps $13,500,000
Detachment..............
Marine Corps Air $73,838,000
Facility, Quantico......
Marine Corps Combat $25,090,000
Development Command,
Quantico................
Naval Air Station, Oceana $2,770,000
Naval Amphibious Base, $9,220,000
Little Creek............
Naval Station, Norfolk... $4,330,000
Naval Weapons Station, $9,870,000
Yorktown................
Washington................... Naval Air Station, $1,990,000
Whidbey Island..........
Naval Shipyard, Puget $20,305,000
Sound...................
Naval Station, Bremerton. $74,125,000
Strategic Weapons $138,060,000
Facility Pacific, Bangor
---------------
Total................ $952,055,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Diego Garcia................. Naval Support Facility, $17,500,000
Diego Garcia............
Guam......................... Naval Public Works $20,700,000
Center, Guam............
Naval Station, Guam...... $12,500,000
Italy........................ Sigonella................ $22,550,000
Spain........................ Naval Station, Rota...... $32,700,000
---------------
Total................ $105,950,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(3), the
Secretary of the Navy may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amount set forth in the following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Unspecified Worldwide.... $105,982,000
---------------
Total................ $105,982,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(6)(A), the Secretary of the Navy may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installation, for the purpose, and in
the amount set forth in the following table:
[[Page 118 STAT. 2107]]
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
North Carolina.......................... Marine Corps Air Station, 198 Units................. $27,002,000
Cherry Point.............
---------------
Total................. .......................... $27,002,000
----------------------------------------------------------------------------------------------------------------
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $112,105,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2004, for
military construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount of
$1,897,245,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $712,927,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $94,950,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2201(c), $40,000,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $87,067,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $139,107,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $696,304,000.
(7) For the construction of increment 2 of the tertiary
sewage treatment plant at Marine Corps Base, Camp Pendleton,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1703), $25,690,000.
(8) For the construction of increment 2 of the general
purpose berthing pier at Naval Weapons Station, Earle, New
Jersey, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1704), $49,200,000.
(9) For the construction of increment 2 of pier 11
replacement at Naval Station, Norfolk, Virginia, authorized by
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1704), $40,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
[[Page 118 STAT. 2108]]
of title 10, United States Code, and any other cost variation authorized
by law, the total cost of all projects carried out under section 2201 of
this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $21,000,000 (the balance of the amount authorized under
section 2201(a) for apron and hangar recapitalization, Naval Air
Facility, El Centro, California).
(3) $116,750,000 (the balance of the amount authorized under
section 2201(a) for land acquisition for an outlying landing
field in Washington County, North Carolina).
(4) $34,098,000 (the balance of the amount authorized under
section 2201(a) for construction of a White Side complex, Marine
Corps Air Facility, Quantico, Virginia).
(5) $40,000,000 (the balance of the amount authorized under
section 2201(a) for construction of bachelor enlisted quarters,
Naval Station, Bremerton, Washington).
(6) $95,320,000 (the balance of the amount authorized under
section 2201(a) for construction of a limited area processing
and storage complex, Strategic Weapons Facility Pacific, Bangor,
Washington).
(7) $65,982,000 (the balance of the amount authorized under
section 2201(c) for construction of a presidential helicopter
programs support facility at an unspecified location).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (9) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$5,549,000, which represents prior year savings.
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.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations inside
the United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alaska....................... Elmendorf Air Force Base. $52,057,000
Arizona...................... Davis-Monthan Air Force $17,029,000
Base.
Luke Air Force Base...... $17,900,000
Arkansas..................... Little Rock Air Force $8,931,000
Base.
California................... Beale Air Force Base..... $10,186,000
Edwards Air Force Base... $9,965,000
Travis Air Force Base.... $18,894,000
Colorado..................... Buckley Air Force Base... $12,247,000
Delaware..................... Dover Air Force Base..... $9,500,000
Florida...................... Tyndall Air Force Base... $27,614,000
[[Page 118 STAT. 2109]]
Patrick Air Force Base... $8,800,000
Georgia...................... Moody Air Force Base..... $9,600,000
Robins Air Force Base.... $21,900,000
Hawaii....................... Hickam Air Force Base.... $30,900,000
Maui Site................ $7,500,000
Louisiana.................... Barksdale Air Force Base. $13,800,000
Maryland..................... Andrews Air Force Base... $17,100,000
Mississippi.................. Columbus Air Force Base.. $7,700,000
Missouri..................... Whiteman Air Force Base.. $7,600,000
Montana...................... Malmstrom Air Force Base. $5,600,000
Nebraska..................... Offutt Air Force Base.... $6,221,000
New Mexico................... Cannon Air Force Base.... $9,500,000
Kirtland Air Force Base.. $9,200,000
North Carolina............... Pope Air Force Base...... $15,150,000
North Dakota................. Minot Air Force Base..... $8,900,000
Ohio......................... Wright-Patterson Air $9,904,000
Force Base.
Oklahoma..................... Altus Air Force Base..... $7,000,000
Tinker Air Force Base.... $8,000,000
South Carolina............... Shaw Air Force Base...... $7,000,000
South Dakota................. Ellsworth Air Force Base. $9,867,000
Tennessee.................... Arnold Air Force Base.... $24,500,000
Texas........................ Dyess Air Force Base..... $14,300,000
Lackland Air Force Base.. $2,596,000
Laughlin Air Force Base.. $6,900,000
Sheppard Air Force Base.. $50,284,000
Utah......................... Hill Air Force Base...... $25,713,000
Wyoming...................... F.E. Warren Air Force $5,500,000
Base.
---------------
Total................ $535,358,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $25,404,000
Greenland.................... Thule Air Base........... $19,800,000
Guam......................... Andersen Air Force Base.. $19,593,000
Italy........................ Aviano Air Base.......... $6,760,000
Korea........................ Kunsan Air Base.......... $37,100,000
Osan Air Base............ $18,600,000
Portugal..................... Lajes Field, Azores...... $5,689,000
Spain........................ Naval Station, Rota...... $14,153,000
United Kingdom............... Royal Air Force $5,500,000
Lakenheath.
---------------
Total................ $152,599,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(3), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the unspecified installations or locations,
and in the amounts, set forth in the following table:
[[Page 118 STAT. 2110]]
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Classified Locations..... $26,121,000
Unspecified Worldwide.... $28,090,000
---------------
Total................ $54,211,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes, and in
the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Davis-Monthan Air Force 250 Units................. $48,500,000
Base.....................
California.............................. Edwards Air Force Base.... 218 Units................. $41,202,000
Vandenberg Air Force Base. 120 Units................. $30,906,000
Florida................................. MacDill Air Force Base.... 61 Units.................. $21,723,000
MacDill Air Force Base.... Housing Maintenance $1,250,000
Facility.................
Idaho................................... Mountain Home Air Force 147 Units................. $39,333,000
Base.....................
Mississippi............................. Columbus Air Force Base... Housing Management $711,000
Facility.................
Missouri................................ Whiteman Air Force Base... 160 Units................. $37,087,000
Montana................................. Malmstrom Air Force Base.. 115 Units................. $29,910,000
North Carolina.......................... Seymour Johnson Air Force 167 Units................. $32,693,000
Base.....................
North Dakota............................ Grand Forks Air Force Base 90 Units.................. $26,169,000
Minot Air Force Base...... 142 Units................. $37,087,000
South Carolina.......................... Charleston Air Force Base. Fire Station.............. $1,976,000
South Dakota............................ Ellsworth Air Force Base.. 75 Units.................. $21,482,000
Texas................................... Dyess Air Force Base...... 127 Units................. $28,664,000
Goodfellow Air Force Base. 127 Units................. $20,604,000
Germany................................. Ramstein Air Base......... 144 Units................. $57,691,000
Italy................................... Aviano Air Base........... Housing Office............ $2,542,000
Korea................................... Osan Air Base............. 117 Units................. $46,834,000
United Kingdom.......................... Royal Air Force Lakenheath 154 Units................. $43,976,000
---------------
Total................. .......................... $570,340,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(6)(A), the Secretary
of the Air Force may carry out architectural and engineering services
and construction design activities with respect to the construction or
improvement of military family housing units in an amount not to exceed
$38,266,000.
[[Page 118 STAT. 2111]]
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$238,353,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2004, for
military construction, land acquisition, and military family housing
functions of the Department of the Air Force in the total amount of
$2,559,768,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $525,358,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $142,771,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2301(c), $54,211,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$13,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $124,085,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $846,959,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $853,384,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $10,000,000 (the balance of the amount authorized under
section 2301(a) for construction of a hanger for an aircraft
maintenance unit, Tyndall Air Force Base, Florida).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (6) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$5,550,000, which represents prior year savings.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
[[Page 118 STAT. 2112]]
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or Location Amount
------------------------------------------------------------------------
Defense Intelligence Agency.. Bolling Air Force Base, $6,000,000
District of Columbia....
Defense Logistics Agency..... Defense Distribution $22,300,000
Depot, New Cumberland,
Pennsylvania............
Defense Distribution $10,100,000
Depot, Richmond,
Virginia................
Defense Fuel Support $3,589,000
Point, Naval Air
Station, Oceana,
Virginia................
Marina Corps Air Station, $22,700,000
Cherry Point, North
Carolina................
Naval Air Station, $3,900,000
Kingsville, Texas.......
Naval Station, Pearl $3,500,000
Harbor, Hawaii..........
Tinker Air Force Base, $5,400,000
Oklahoma................
Travis Air Force Base, $15,100,000
California..............
Missile Defense Agency....... Redstone Arsenal, Alabama $19,560,000
National Security Agency..... Fort Meade, Maryland..... $15,007,000
Special Operations Command... Corona, California....... $13,600,000
Fleet Combat Training $5,700,000
Center, Dam Neck,
Virginia................
Fort A.P. Hill, Virginia. $1,500,000
Fort Bragg, North $42,888,000
Carolina................
Fort Campbell, Kentucky.. $3,500,000
Fort Stewart/Hunter Army $17,600,000
Air Field, Georgia......
Hurlburt Field, Florida.. $2,500,000
Naval Amphibious Base, $33,200,000
Little Creek, Virginia..
Niland, California....... $1,000,000
TRICARE Management Activity.. Buckley Air Force Base, $2,100,000
Colorado................
Defense Language $6,700,000
Institute, Presidio,
Monterey................
Fort Belvoir, Virginia... $100,000,000
Fort Benning, Georgia.... $7,100,000
Langley Air Force Base, $50,800,000
Virginia................
Marine Corps Recruit $25,000,000
Depot, Parris Island,
South Carolina..........
Naval Air Station, $28,438,000
Jacksonville, Florida...
---------------
Total................ $468,782,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
[[Page 118 STAT. 2113]]
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency Installation or Location Amount
------------------------------------------------------------------------
Defense Education Activity... Grafenwoehr, Germany..... $36,247,000
Naval Station, Guam...... $26,964,000
Vilseck, Germany......... $9,011,000
Defense Logistics Agency..... Defense Fuel Support $19,113,000
Point, Lajes Field,
Portugal................
Special Operations Command... Naval Station, Guam, $2,200,000
Mariana Islands.........
TRICARE Management Activity.. Diego Garcia............. $3,800,000
Grafenwoehr, Germany..... $13,000,000
---------------
Total................ $110,335,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(3), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations, and in the
amounts, set forth in the following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Special Operations Command... Classified Locations..... $7,400,000
Unspecified Worldwide.... $2,900,000
---------------
Total................ $10,300,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2404(a)(9)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $49,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(7), the Secretary of Defense may carry
out energy conservation projects under section 2865 of title 10, United
States Code, in the amount of $50,000,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2004, for military
construction, land acquisition, and military family housing functions of
the Department of Defense (other than the military departments) in the
total amount of $1,055,663,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $411,782,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $110,335,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2401(c), $10,300,000.
(4) For unspecified minor military construction projects
under section 2805 of title 10, United States Code, $20,938,000.
[[Page 118 STAT. 2114]]
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $62,182,000.
(7) For energy conservation projects authorized by section
2403 of this Act, $50,000,000.
(8) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note), $246,116,000.
(9) For military family housing functions:
(A) For improvement of military family housing and
facilities, $49,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $49,575,000.
(C) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $2,500,000.
(10) For the construction of phase 6 of an ammunition
demilitarization facility at Pueblo Depot Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law
104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839) and section
2407 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
$44,792,000.
(11) For the construction of phase 5 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law
106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act of 2002 (division B of
Public Law 107-107; 115 Stat. 1298) and section 2405 of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698), $37,094,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a).
(2) $57,000,000 (the balance of the amount authorized under
section 2401(a) for hospital replacement, Fort Belvoir,
Virginia).
[[Page 118 STAT. 2115]]
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2004, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $160,800,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2004, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $434,363,000; and
(B) for the Army Reserve, $90,310,000.
(2) For the Department of the Navy, for the Naval and Marine
Corps Reserve, $48,185,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$233,518,000; and
(B) for the Air Force Reserve, $122,756,000.
[[Page 118 STAT. 2116]]
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002
projects.
Sec. 2703. Extension and renewal of authorizations of certain fiscal
year 2001 projects.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2008.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2008 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1301), authorizations set forth in the
tables in subsection (b), as provided in section 2101, 2302, or 2601 of
that Act, shall remain in effect until October 1, 2005, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2006, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright........... Power plant cooling tower. $23,000,000
Hawaii.................................. Pohakuloa Training Parker Ranch land $1,500,000
Facility................. acquisition..............
----------------------------------------------------------------------------------------------------------------
[[Page 118 STAT. 2117]]
Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado................................ Buckley Air Force Base.... Family housing (55 Units). $11,400,000
Louisiana............................... Barksdale Air Force Base.. Family housing (56 Units). $7,300,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2002 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Lancaster................. Readiness Center.......... $4,530,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS OF CERTAIN FISCAL
YEAR 2001 PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2001 (division B
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-
407)), authorizations set forth in the tables in subsection (b), as
provided in section 2102 or 2401 of that Act and, in the case of the
authorization set forth in the first table in subsection (b), extended
by section 2702 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1716),
shall remain in effect until October 1, 2005, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2006, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina.......................... Fort Jackson.............. Family housing (1 unit)... $250,000
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Renewal of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
Agency Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Education Activity.............. Osan Air Base, Korea...... Osan Elementary School $843,000
addition.................
----------------------------------------------------------------------------------------------------------------
[[Page 118 STAT. 2118]]
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of approval and notice requirements for facility
repair projects.
Sec. 2802. Reporting requirements regarding military family housing
requirements for general officers and flag officers.
Sec. 2803. Congressional notification of deviations from authorized cost
variations for military construction projects and military
family housing projects.
Sec. 2804. Assessment of vulnerability of military installations to
terrorist attack and annual report on military construction
requirements related to antiterrorism and force protection.
Sec. 2805. Repeal of limitations on use of alternative authority for
acquisition and improvement of military housing.
Sec. 2806. Additional reporting requirements relating to alternative
authority for acquisition and improvement of military
housing.
Sec. 2807. Temporary authority to accelerate design efforts for military
construction projects carried out using design-build
selection procedures.
Sec. 2808. Notification thresholds and requirements for expenditures or
contributions for acquisition of facilities for reserve
components.
Sec. 2809. Authority to exchange reserve component facilities to acquire
replacement facilities.
Sec. 2810. One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects
outside the United States.
Sec. 2811. Consideration of combination of military medical treatment
facilities and health care facilities of Department of
Veterans Affairs.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Reorganization of existing administrative provisions relating
to real property transactions.
Sec. 2822. Development of Heritage Center for the National Museum of the
United States Army.
Sec. 2823. Elimination of reversionary interests clouding United States
title to property used as Navy homeports.
Subtitle C--Base Closure and Realignment
Sec. 2831. Establishment of specific deadline for submission of
revisions to force-structure plan and infrastructure
inventory.
Sec. 2832. Specification of final selection criteria for 2005 base
closure round.
Sec. 2833. Repeal of authority of Secretary of Defense to recommend that
installations be placed in inactive status.
Sec. 2834. Voting requirements for Defense Base Closure and Realignment
Commission to add to or otherwise expand closure and
realignment recommendations made by Secretary of Defense.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee.
Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline,
Louisiana.
Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri.
Sec. 2845. Transfer of administrative jurisdiction, Defense Supply
Center, Columbus, Ohio.
Sec. 2846. Jurisdiction and utilization of former public domain lands,
Umatilla Chemical Depot, Oregon.
Sec. 2847. Modification of authority for land conveyance, equipment and
storage yard, Charleston, South Carolina.
Sec. 2848. Land conveyance, Fort Hood, Texas.
Sec. 2849. Land conveyance, local training area for Browning Army
Reserve Center, Utah.
Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia.
Sec. 2851. Land conveyance, Army National Guard Facility, Seattle,
Washington.
Sec. 2852. Modification of land exchange and consolidation, Fort Lewis,
Washington.
Part II--Navy Conveyances
Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida.
[[Page 118 STAT. 2119]]
Sec. 2862. Land conveyance, Honolulu, Hawaii.
Sec. 2863. Land conveyance, Navy property, former Fort Sheridan,
Illinois.
Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2865. Modification of land acquisition authority, Perquimans
County, North Carolina.
Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South
Carolina.
Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia.
Part III--Air Force Conveyances
Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2872. Land conveyance, March Air Force Base, California.
Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York.
Part IV--Other Conveyances
Sec. 2881. Land exchange, Arlington County, Virginia.
Subtitle E--Other Matters
Sec. 2891. One-year resumption of Department of Defense Laboratory
Revitalization Demonstration Program.
Sec. 2892. Designation of Airmen Leadership School at Luke Air Force
Base, Arizona, in honor of John J. Rhodes, a former minority
leader of the House of Representatives.
Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and
Redevelopment Agency.
Sec. 2894. Report on establishment of mobilization station at Camp
Ripley National Guard Training Center, Little Falls,
Minnesota.
Sec. 2895. Report on feasibility of establishment of veterans memorial
at Marine Corps Air Station, El Toro, California.
Sec. 2896. Sense of Congress regarding effect of military housing
policies and force structure and basing changes on local
educational agencies.
Sec. 2897. Sense of Congress and study regarding memorial honoring non-
United States citizens killed in the line of duty while
serving in the United States Armed Forces.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. MODIFICATION OF APPROVAL AND NOTICE REQUIREMENTS FOR FACILITY
REPAIR PROJECTS.
(a) Increase in Threshold for Approval Requirement.--Subsection (b)
of section 2811 of title 10, United States Code, is amended by striking
``$5,000,000'' and inserting ``$7,500,000''.
(b) Decrease in Threshold for Congressional Notification.--
Subsection (d) of such section is amended by striking ``$10,000,000''
and inserting ``$7,500,000''.
(c) Information Required in Cost Estimate for Multi-Year Projects.--
Subsection (d)(1) of such section is amended by inserting before the
semicolon the following: ``, including, in the case of a multi-year
repair project to a single facility, the total cost of all phases of the
project''.
SEC. 2802. REPORTING REQUIREMENTS REGARDING MILITARY FAMILY HOUSING
REQUIREMENTS FOR GENERAL OFFICERS AND FLAG OFFICERS.
(a) Reports on Cost of General and Flag Officers Quarters.--Section
2831 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(e) Reports on Cost of General Officers and Flag Officers
Quarters.--(1) As part of the budget materials submitted to Congress in
connection with the submission of the budget for a fiscal year pursuant
to section 1105 of title 31, the Secretary of Defense shall submit a
report--
[[Page 118 STAT. 2120]]
``(A) identifying each family housing unit used, or intended
for use, as quarters for a general officer or flag officer for
which the total operation, maintenance, and repair costs for the
unit are anticipated to exceed $35,000 in the next fiscal year;
and
``(B) for each family housing unit so identified, specifying
the total of such anticipated operation, maintenance, and repair
costs for the unit.
``(2) Not later than 120 days after the end of each fiscal year, the
Secretary of Defense shall submit to the congressional defense
committees a report specifying, for each family housing unit used as
quarters for a general officer or flag officer at any time during that
fiscal year, the total expenditures for operation and maintenance,
utilities, lease, and repairs of the unit during that fiscal year.''.
(b) Notice and Wait Requirement.--Such section is further amended by
inserting after subsection (e), as added by subsection (a), the
following new subsection:
``(f) Notice and Wait Requirement.--(1) Except as provided in
paragraphs (2) and (3), the Secretary concerned may not carry out a
maintenance or repair project for a family housing unit used, or
intended for use, as quarters for a general officer or flag officer if
the project will or may result in the total operation, maintenance, and
repair costs for the unit for the fiscal year to exceed $35,000, until--
``(A) the Secretary concerned submits to the congressional
defense committees, in writing, a justification of the need for
the maintenance or repair project and an estimate of the cost of
the project; and
``(B) a period of 21 days has expired following the date on
which the justification and estimate are received by the
committees or, if over sooner, a period of 14 days has expired
following the date on which a copy of the justification and
estimate are provided in an electronic medium pursuant to
section 480 of this title.
``(2) The project justification and cost estimate required by
paragraph (1)(A) may be submitted after the commencement of a
maintenance or repair project for a family housing unit used, or
intended for use, as quarters for a general officer or flag officer if
the project is a necessary enviromental remediation project for the unit
or is necessary for occupant safety or security, and the need for the
project arose after the submission of the most recent report under
subsection (e).
``(3) Paragraph (1) shall not apply in the case of a family housing
unit used, or intended for use, as quarters for a general officer or
flag officer if the unit was identified in the most recent report
submitted under subsection (e) and the cost of the maintenance or repair
project was included in the total of anticipated operation, maintenance,
and repair costs for the unit specified in the report.''.
(c) Report on Need for General and Flag Officers Quarters in
National Capital Region.--Not later than March 30, 2005, the Secretary
of Defense shall submit to the congressional defense committees a report
containing an analysis of anticipated needs in the National Capital
Region for family housing units for general officers and flag officers.
In conducting the analysis, the Secretary shall consider the extent of
available housing in
[[Page 118 STAT. 2121]]
the National Capital Region and the necessity of providing housing for
general officers and flag officers in secure locations.
(d) Report on Current World-Wide Inventory of General and Flag
Officers Quarters.--Not later than March 30, 2005, the Secretary of
Defense shall submit to the congressional defense committees a report--
(1) containing a worldwide inventory of family housing units
used, or intended for use, for general officers and flag
officers; and
(2) identifying annual expenditures for fiscal years 2002,
2003, and 2004 for operation and maintenance, utilities, leases,
and repairs of each unit.
(e) Definitions.--In this section:
(1) The terms ``general officer'' and ``flag officer'' have
the meanings given such terms in section 101(b) of title 10,
United States Code.
(2) The term ``National Capital Region'' has the meaning
given such term in section 2674(f) of such title.
SEC. 2803. CONGRESSIONAL NOTIFICATION OF DEVIATIONS FROM AUTHORIZED COST
VARIATIONS FOR MILITARY CONSTRUCTION PROJECTS AND MILITARY
FAMILY HOUSING PROJECTS.
Section 2853(c)(3) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``or, if over
sooner, a period of 14 days has elapsed after the date on which a copy
of the notification is provided in an electronic medium pursuant to
section 480 of this title''.
SEC. 2804. ASSESSMENT OF VULNERABILITY OF MILITARY INSTALLATIONS TO
TERRORIST ATTACK AND ANNUAL REPORT ON MILITARY CONSTRUCTION
REQUIREMENTS RELATED TO ANTITERRORISM AND FORCE PROTECTION.
(a) Annual Assessment and Report.--(1) Chapter 169 of title 10,
United States Code, is amended by inserting after section 2858 the
following new section:
``Sec. 2859. Construction requirements related to antiterrorism and
force protection
``(a) Antiterrorism and Force Protection Guidance and Criteria.--The
Secretary of Defense shall develop common guidance and criteria to be
used by each Secretary concerned--
``(1) to assess the vulnerability of military installations
located inside and outside of the United States to terrorist
attack;
``(2) to develop construction standards designed to reduce
the vulnerability of structures to terrorist attack and improve
the security of the occupants of such structures;
``(3) to prepare and carry out military construction
projects, such as gate and fenceline construction, to improve
the physical security of military installations; and
``(4) to assist in prioritizing such projects within the
military construction budget of each of the armed forces.
``(b) Vulnerability Assessments.--The Secretary of Defense shall
require vulnerability assessments of military installations to be
conducted, at regular intervals, using the criteria developed under
subsection (a).
[[Page 118 STAT. 2122]]
``(c) Military Construction Requirements.--As part of the budget
materials submitted to Congress in connection with the submission of the
budget for a fiscal year pursuant to section 1105 of title 31, but in no
case later than March 15 of each year, the Secretary of Defense shall
submit a report, in both classified and unclassified form, describing--
``(1) the location and results of the vulnerability
assessments conducted under subsection (b) during the most
recently completed fiscal year;
``(2) the military construction requirements anticipated to
be necessary during the period covered by the then-current
future-years defense plan under section 221 of this title to
improve the physical security of military installations; and
``(3) the extent to which funds to meet those requirements
are not requested in the Department of Defense budget for the
fiscal year for which the budget is submitted.''.
(2) The table of sections at the beginning of subchapter III of
chapter 169 of such title is amended by inserting after the item
relating to section 2858 the following new item:
``2859. Construction requirements related to antiterrorism and force
protection.''.
(b) Special <<NOTE: 10 USC 2859 note.>> Requirement for 2006
Report.--In the case of the report required to be submitted in 2006
under section 2859(c) of title 10, United States Code, as added by
subsection (a), the Secretary of Defense shall include a certification
by the Secretary that since September 11, 2001, assessments regarding
the vulnerability of military installations to terrorist attack have
been undertaken for all major military installations. The Secretary
shall indicate the basis by which the Secretary differentiated between
major and nonmajor military installations for purposes of making the
certification.
SEC. 2805. REPEAL OF LIMITATIONS ON USE OF ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.
(a) Repeal of Budget Authority Limitation on Use of Authority.--
Section 2883 of title 10, United States Code, is amended by striking
subsection (g).
(b) Repeal of Termination Date on Use of Authority.--(1) Section
2885 of such title is repealed.
(2) The table of sections at the beginning of subchapter IV of
chapter 169 of such title is amended by striking the item relating to
section 2885.
SEC. 2806. ADDITIONAL REPORTING REQUIREMENTS RELATING TO ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Project Reports.--Paragraph (2) of subsection (a) of section
2884 of title 10, United States Code, is amended to read as follows:
``(2) For each proposed contract, conveyance, or lease described in
paragraph (1), the report required by such paragraph shall include the
following:
``(A) A description of the contract, conveyance, or lease,
including a summary of the terms of the contract, conveyance, or
lease.
``(B) A description of the authorities to be utilized in
entering into the contract, conveyance, or lease and the
[[Page 118 STAT. 2123]]
intended method of participation of the United States in the
contract, conveyance, or lease, including a justification of the
intended method of participation.
``(C) A statement of the scored cost of the contract,
conveyance, or lease, as determined by the Office of Management
and Budget.
``(D) A statement of the United States funds required for
the contract, conveyance, or lease and a description of the
source of such funds.
``(E) An economic assessment of the life cycle costs of the
contract, conveyance, or lease, including an estimate of the
amount of United States funds that would be paid over the life
of the contract, conveyance, or lease from amounts derived from
payments of government allowances, including the basic allowance
for housing under section 403 of title 37, if the housing
affected by the project were fully occupied by military
personnel over the life of the contract, conveyance, or
lease.''.
(b) Annual Reports.--Subsection (b) of such section is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) A report setting forth, by armed force--
``(A) an estimate of the amounts of basic allowance
for housing under section 403 of title 37 that will be
paid, during the current fiscal year and the fiscal year
for which the budget is submitted, to members of the
armed forces living in housing provided under the
authorities in this subchapter; and
``(B) the number of units of military family housing
and military unaccompanied housing upon which the
estimate under subparagraph (A) for the current fiscal
year and the next fiscal year is based.''.
SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DESIGN EFFORTS FOR MILITARY
CONSTRUCTION PROJECTS CARRIED OUT USING DESIGN-BUILD
SELECTION PROCEDURES.
Section 2305a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Special Authority for Military Construction Projects.--(1) The
Secretary of a military department may use funds available to the
Secretary under section 2807(a) or 18233(e) of this title to accelerate
the design effort in connection with a military construction project for
which the two-phase selection procedures described in subsection (c) are
used to select the contractor for both the design and construction
portion of the project before the project is specifically authorized by
law and before funds are appropriated for the construction portion of
the project. Notwithstanding the limitations contained in such sections,
use of such funds for the design portion of a military construction
project may continue despite the subsequent authorization of the
project. The advance notice requirement of section 2807(b) of this title
shall continue to apply whenever the estimated cost of the design
portion of the project exceeds the amount specified in such section.
``(2) Any military construction contract that provides for an
accelerated design effort, as authorized by paragraph (1), shall include
as a condition of the contract that the liability of the
[[Page 118 STAT. 2124]]
United States in a termination for convenience may not exceed the actual
costs incurred as of the termination date.
``(3) For each fiscal year during which the authority provided by
this subsection is in effect, the Secretary of a military department may
select not more than two military construction projects to include the
accelerated design effort authorized by paragraph (1) for each armed
force under the jurisdiction of the Secretary. To be eligible for
selection under this subsection, a request for the authorization of the
project, and for the authorization of appropriations for the project,
must have been included in the annual budget of the President for a
fiscal year submitted to Congress under section 1105(a) of title 31.
``(4) <<NOTE: Deadline. Reports.>> Not later than March 1, 2007, the
Secretary of Defense shall submit to the congressional defense
committees a report evaluating the usefulness of the authority provided
by this subsection in expediting the design and construction of military
construction projects. The authority provided by this subsection expires
September 30, 2007, except that, if the report required by this
paragraph is not submitted by March 1, 2007, the authority shall expire
on that date.''.
SEC. 2808. NOTIFICATION THRESHOLDS AND REQUIREMENTS FOR EXPENDITURES OR
CONTRIBUTIONS FOR ACQUISITION OF FACILITIES FOR RESERVE
COMPONENTS.
(a) Authority To Carry Out Small Projects.--Section 18233a of title
10, United States Code, is amended to read as follows:
``Sec. 18233a. Notice and wait requirements for certain projects
``(a) Congressional Notification.--Except as provided in subsection
(b), an expenditure or contribution in an amount in excess of $750,000
may not be made under section 18233 of this title for any facility
until--
``(1) the Secretary of Defense has notified the
congressional defense committees of the location, nature, and
estimated cost of the facility; and
``(2) a period of 21 days has elapsed after the notification
has been received by those committees or, if over sooner, a
period of 14 days has elapsed after the date on which a copy of
the notification is provided in an electronic medium pursuant to
section 480 of this title.
``(b) Certain Expenditures or Contributions Exempted.--Subsection
(a) does not apply to expenditures or contributions for the following:
``(1) Facilities acquired by lease.
``(2) A project for a facility that has been authorized by
Congress, if the location and purpose of the facility are the
same as when authorized and if, based upon bids received--
``(A) the scope of work of the project, as approved
by Congress, is not proposed to be reduced by more than
25 percent; and
``(B) the current working estimate of the cost of
the project does not exceed the amount approved for the
project by more than the lesser of the following:
``(i) 25 percent.
[[Page 118 STAT. 2125]]
``(ii) 200 percent of the amount specified by
section 2805(a)(2) of this title as the maximum
amount for a minor military construction project.
``(3) A repair project (as that term is defined in section
2811(e) of this title) that costs less than $7,500,000.''.
(b) Recodification of Limited Authority to Use Operation and
Maintenance Funds.--Chapter 1803 of such title is amended by inserting
after section 18233a the following new section:
``Sec. 18233b. Authority to carry out small projects with operation and
maintenance funds
``Under such regulations as the Secretary of Defense may prescribe,
the Secretary may expend, from appropriations available for operation
and maintenance, amounts necessary to carry out any project authorized
under section 18233(a) of this title that costs not more than--
``(1) the amount specified in section 2805(c)(1)(A) of this
title, in the case of a project intended solely to correct a
deficiency that is life-threatening, health-threatening, or
safety-threatening; or
``(2) the amount specified in section 2805(c)(1)(B) of this
title, in the case of any other project.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 1803 of such title is amended by striking the item relating to
section 18233a and inserting the following new items:
``18233a. Notice and wait requirements for certain projects.
``18233b. Authority to carry out small projects with operation and
maintenance funds.''.
SEC. 2809. AUTHORITY TO EXCHANGE RESERVE COMPONENT FACILITIES TO ACQUIRE
REPLACEMENT FACILITIES.
(a) Exchange Authority.--(1) Chapter 1803 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 18240. Acquisition of facilities by exchange
``(a) Exchange Authority.--In addition to the acquisition authority
provided by section 18233 of this title, the Secretary of Defense may
authorize the Secretary of a military department to acquire a facility,
or addition to an existing facility, needed to satisfy military
requirements for a reserve component by carrying out an exchange of an
existing facility under the control of that Secretary through an
agreement with a State, local government, local authority, or private
entity.
``(b) Facilities Eligible for Exchange.--Only a facility of a
reserve component that is not excess property (as defined in section
102(3) of title 40) may be exchanged using the authority provided by
this section.
``(c) Equal Value Exchange.--In any exchange carried out using the
authority provided by this section, the value of the replacement
facility, or addition to an existing facility, acquired by the United
States shall be at least equal to the fair market value of the facility
conveyed by the United States under the agreement. If the values are
unequal, the values may not be equalized by any payment of cash
consideration by either party to the agreement.
[[Page 118 STAT. 2126]]
``(d) Requirements for Replacement Facilities.--The Secretary of a
military department may not accept a replacement facility, or addition
to an existing facility, to be acquired by the United States in an
exchange carried out using the authority provided by this section until
that Secretary determines that the facility or addition--
``(1) is complete and usable, fully functional, and ready
for occupancy;
``(2) satisfies all operational requirements; and
``(3) meets all applicable Federal, State, and local
requirements relating to health, safety, fire, and the
environment.
``(e) Consultation Requirements.--The Secretary of a military
department authorized to enter into an agreement under subsection (a) to
convey an existing facility under the control of that Secretary by
exchange shall consult with representatives of other reserve components
to evaluate--
``(1) the value of using the facility to meet the military
requirements of another reserve component, instead of conveying
the facility under this section; and
``(2) the feasibility of using the conveyance of the
facility to acquire a facility, or an addition to an existing
facility, that would be jointly used by more than one reserve
component or unit.
``(f) Advance Notice of Proposed Exchange.--(1) When a decision is
made to enter into an agreement under subsection (a) to exchange a
facility using the authority provided by this section, the Secretary of
the military department authorized to enter into the agreement shall
submit to the congressional defense committees a report on the proposed
agreement. The report shall include the following:
``(A) A description of the agreement, including the terms
and conditions of the agreement, the parties to be involved in
the agreement, the origin of the proposal that lead to the
agreement, the intended use of the facility to be conveyed by
the United States under the agreement, and any costs to be
incurred by the United States to make the exchange under the
agreement.
``(B) A description of the facility to be conveyed by the
United States under the agreement, including the current
condition and fair market value of the facility, and a
description of the method by which the fair market value of the
facility was determined.
``(C) Information on the facility, or addition to an
existing facility, to be acquired by the United States under the
agreement and the intended use of the facility or addition,
which shall meet requirements for information provided to
Congress for military construction projects to obtain a similar
facility or addition to an existing facility.
``(D) A certification that the Secretary complied with the
consultation requirements under subsection (e).
``(E) A certification that the conveyance of the facility
under the agreement is in the best interests of the United
States and that the Secretary used competitive procedures to the
maximum extent practicable to protect the interests of the
United States.
``(2) The agreement described in a report prepared under paragraph
(1) may be entered into, and the exchange covered by the
[[Page 118 STAT. 2127]]
agreement made, only after the end of the 30-day period beginning on the
date the report is received by the congressional defense committees or,
if earlier, the end of the 21-day period beginning on the date on which
a copy of the report is provided in an electronic medium pursuant to
section 480 of this title.
``(3) Section 2662 of this title shall not apply to an exchange
carried out using the authority provided by this section.
``(g) Relation to Other Military Construction Requirements.--The
acquisition of a facility, or an addition to an existing facility, using
the authority provided by this section shall not be treated as a
military construction project for which an authorization is required by
section 2802 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``18240. Acquisition of facilities by exchange.''.
(b) Conforming Amendment.--Section 18233(f)(2) of such title is
amended by striking ``gift, exchange of Government-owned land, or
otherwise'' and inserting ``or gift''.
(c) Temporary Authority to Include Cash Equalization Payments in
Exchange.--(1) Notwithstanding subsection (c) of section 18240 of title
10, United States Code, as added by subsection (a), the Secretary of
Defense may authorize the Secretary of a military department, as part of
an exchange agreement under such section, to make or accept a cash
equalization payment if the value of the facility, or addition to an
existing facility, to be acquired by the United States under the
agreement is not equal to the fair market value of the facility to be
conveyed by the United States under the agreement. All other
requirements of such section shall continue to apply to the exchange.
(2) Cash equalization payments received by the Secretary of a
military department under this subsection shall be deposited in a
separate account in the Treasury. Amounts in the account shall be
available to the Secretary of Defense, without further appropriation and
until expended, for transfer to the Secretary of a military department--
(A) to make any cash equalization payments required to be
made by the United States in connection with an exchange
agreement covered by this subsection, and the account shall be
the only source for such payments; and
(B) to cover costs associated with the maintenance,
protection, alteration, repair, improvement, or restoration
(including environmental restoration) of facilities, and
additions to existing facilities, acquired using an exchange
agreement covered by this subsection.
(3) Not more than 15 exchange agreements under section 18240 of
title 10, United States Code, may include the exception for cash
equalization payments authorized by this subsection. Of those 15
exchange agreements, not more than eight may be for the same reserve
component.
(4) In this section, the term ``facility'' has the meaning given
that term in section 18232(2) of title 10, United States Code.
(5) No cash equalization payment may be made or accepted under the
authority of this subsection after September 30, 2007. Except as
otherwise specifically authorized by law, the authority provided by this
subsection to make or accept cash equalization payments in connection
with the acquisition or disposal of facilities
[[Page 118 STAT. 2128]]
of the reserve components is the sole authority available in law to the
Secretary of Defense or the Secretary of a military department for that
purpose.
(6) <<NOTE: Deadline.>> Not later than March 1, 2008, the Secretary
of Defense shall submit to the congressional defense committees a report
on the exercise of the authority provided by this subsection. The report
shall include the following:
(A) A description of the exchange agreements under section
18240 of title 10, United States Code, that included the
authority to make or accept cash equalization payments.
(B) A description of the analysis and criteria used to
select such agreements for inclusion of the authority to make or
accept cash equalization payments.
(C) An assessment of the utility to the Department of
Defense of the authority, including recommendations for
modifications of such authority in order to enhance the utility
of such authority for the Department.
(D) An assessment of interest in the future use of the
authority, in the event the authority is extended.
(E) An assessment of the advisability of making the
authority, including any modifications of the authority
recommended under subparagraph (C), permanent.
SEC. 2810. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
OUTSIDE THE UNITED STATES.
Section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723) is
amended--
(1) in subsection (a), by inserting ``and, subject to
subsection (d)(2), fiscal year 2005'' after ``During fiscal year
2004'';
(2) in subsection (c)(1), by striking ``in fiscal year
2004'' and inserting ``in a fiscal year''; and
(3) in subsection (d)--
(A) by inserting ``(1)'' before ``Not later than'';
(B) by striking ``fiscal year 2004,'' and inserting
``fiscal years 2004 and 2005,''; and
(C) by adding at the end the following new
paragraph:
``(2) The ability to use this section as authority during fiscal
year 2005 to obligate appropriated funds available for operation and
maintenance to carry out construction projects outside the United States
shall commence only after the date on which the Secretary of Defense
submits to the congressional committees specified in subsection (f) all
of the quarterly reports that were required under paragraph (1) for
fiscal year 2004.''.
SEC. 2811. <<NOTE: 38 USC 8111 note.>> CONSIDERATION OF COMBINATION OF
MILITARY MEDICAL TREATMENT FACILITIES AND HEALTH CARE
FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Department of Defense Consideration of Joint Construction.--When
considering any military construction project for the construction of a
new military medical treatment facility in the United States or a
territory or possession of the United States, the Secretary of Defense
shall consult with the Secretary of Veterans Affairs regarding the
feasibility of carrying out a joint project to construct a medical
facility that--
[[Page 118 STAT. 2129]]
(1) could serve as a facility for health-resources sharing
between the Department of Defense and the Department of Veterans
Affairs; and
(2) would be no more costly to each Department to construct
and operate than separate facilities for each Department.
(b) Department of Veterans Affairs Consideration of Joint
Construction.--When considering the construction of a new or replacement
medical facility for the Department of Veterans Affairs, the Secretary
of Veterans Affairs shall consult with the Secretary of Defense
regarding the feasibility of carrying out a joint project to construct a
medical facility that--
(1) could serve as a facility for health-resources sharing
between the Department of Veterans Affairs and the Department of
Defense; and
(2) would be no more costly to each Department to construct
and operate than separate facilities for each Department.
Subtitle B--Real Property and Facilities Administration
SEC. 2821. REORGANIZATION OF EXISTING ADMINISTRATIVE PROVISIONS RELATING
TO REAL PROPERTY TRANSACTIONS.
(a) Limitation on Commissions.--(1) Section 2661 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Commissions on Land Purchase Contracts.--The maximum amount
payable as a commission on a contract for the purchase of land from
funds appropriated for the Department of Defense is two percent of the
purchase price.''.
(2) Section 2666 of such title is repealed.
(b) Repeal of Obsolete Authority to Acquire Land for Timber
Production.--Section 2664 of such title is repealed.
(c) Consolidation of Certain Provisions on Use of Facilities.--(1)
Section 2670 of such title is amended by adding at the end the following
new subsection:
``(c) Use of Space and Equipment by Veterans Service
Organizations.--(1) Upon certification to the Secretary concerned by the
Secretary of Veterans Affairs, the Secretary concerned shall allow
accredited, paid, full-time representatives of the organizations named
in section 5902 of title 38, or of other organizations recognized by the
Secretary of Veterans Affairs, to function on military installations
under the jurisdiction of the Secretary concerned that are on land and
from which persons are discharged or released from active duty.
``(2) The commanding officer of a military installation allowing
representatives to function on the installation under paragraph (1)
shall allow the representatives to use available space and equipment at
the installation.
``(3) This subsection does not authorize the violation of measures
of military security.''.
(2) Section 2679 of such title is repealed.
(3) <<NOTE: 10 USC 2670 note.>> The regulations prescribed to carry
out section 2679 of title 10, United States Code, as in effect on the
day before the date of the enactment of this Act, shall remain in effect
with regard to section 2670(c) of such title, as added by paragraph (1),
until changed by joint action of the Secretary concerned (as
[[Page 118 STAT. 2130]]
defined in section 101(9) of such title) and the Secretary of Veterans
Affairs.
(d) Availability of Funds for Acquisition of Certain Interests in
Real Property.--(1) Section 2672 of such title is amended by adding at
the end the following new subsection:
``(d) Availability of Funds.--Appropriations available to the
Department of Defense for operation and maintenance or construction may
be used for the acquisition of land or interests in land under this
section.''.
(2) Section 2673 of such title is repealed.
(3) Section 2675 of such title is amended--
(A) by inserting ``(a) Lease Authority; Duration.--'' before
``The Secretary''; and
(B) by adding at the end the following new subsection:
``(b) Availability of Funds.--Appropriations available to the
Department of Defense for operation and maintenance or construction may
be used for the acquisition of interests in land under this section.''.
(e) Stylistic and Clerical Amendments.--(1) Section 2661 of such
title is further amended--
(A) in subsection (a), by inserting ``Availability of
Operation and Maintenance Funds.--'' after ``(a)''; and
(B) in subsection (b), by inserting ``Leasing and Road
Maintenance Authority.--'' after ``(b)''.
(2) The heading of section 2670 of such title is amended to read as
follows:
``Sec. 2670. Use of facilities by private organizations; use as polling
places''.
(3) The table of sections at the beginning of chapter 159 of such
title is amended--
(A) by striking the items relating to sections 2664, 2666,
2673, and 2679; and
(B) by striking the item relating to section 2670 and
inserting the following new item:
``2670. Use of facilities by private organizations; use as polling
places.''.
SEC. 2822. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL MUSEUM OF THE
UNITED STATES ARMY.
(a) Authority to Enter into Agreement for Development of Center.--
Chapter 449 of title 10, United States Code, is amended by inserting
after section 4771 the following new section:
``Sec. 4772. Heritage Center for the National Museum of the United
States Army: development and operation
``(a) Agreement for Development of Center.--The Secretary of the
Army may enter into an agreement with the Army Historical Foundation, a
nonprofit organization, for the design, construction, and operation of a
facility or group of facilities at Fort Belvoir, Virginia, for the
National Museum of the United States Army. The facility or group of
facilities constructed pursuant to the agreement shall be known as the
Heritage Center for the National Museum of the United States Army (in
this section referred to as the `Center').
``(b) Purpose of Center.--The Center shall be used for the
identification, curation, storage, and public viewing of artifacts and
artwork of significance to the United States Army, as agreed to
[[Page 118 STAT. 2131]]
by the Secretary of the Army. The Center may also be used to support
such education, training, research, and associated purposes as the
Secretary considers appropriate.
``(c) Design and Construction.--(1) The design of the Center shall
be subject to the approval of the Secretary of the Army.
``(2) For each phase of the development of the Center, the Secretary
may--
``(A) accept funds from the Army Historical Foundation for
the design and construction of such phase of the Center; or
``(B) permit the Army Historical Foundation to contract for
the design and construction of such phase of the Center.
``(d) Acceptance by Secretary.--Upon the satisfactory completion, as
determined by the Secretary of the Army, of any phase of the Center, and
upon the satisfaction of any financial obligations incident to such
phase of the Center by the Army Historical Foundation, the Secretary
shall accept such phase of the Center from the Army Historical
Foundation, and all right, title, and interest in and to such phase of
the Center shall vest in the United States. Upon becoming the property
of the United States, the Secretary shall assume administrative
jurisdiction over the Center.
``(e) Use of Certain Gifts.--(1) Under regulations prescribed by the
Secretary of the Army, the Commander of the United States Army Center of
Military History may, without regard to section 2601 of this title,
accept, hold, administer, invest, and spend any gift, devise, or bequest
of personal property of a value of $250,000 or less made to the United
States if such gift, devise, or bequest is for the benefit of the
National Museum of the United States Army or the Center.
``(2) The Secretary may pay or authorize the payment of any
reasonable and necessary expense in connection with the conveyance or
transfer of a gift, devise, or bequest under this subsection.
``(f) Lease of Facility.--(1) Under such terms and conditions as the
Secretary of the Army considers appropriate, the Secretary may lease
portions of the Center to the Army Historical Foundation to be used by
the Foundation, consistent with the purpose of the Center, for--
``(A) generating revenue for activities of the Center
through rental use by the public, commercial and nonprofit
entities, State and local governments, and other Federal
agencies; and
``(B) such administrative purposes as may be necessary for
the support of the Center.
``(2) The annual amount of consideration paid to the Secretary by
the Army Historical Foundation for a lease under paragraph (1) may not
exceed an amount equal to the actual cost, as determined by the
Secretary, of the annual operations and maintenance of the Center.
``(3) Notwithstanding any other provision of law, the Secretary
shall use amounts paid under paragraph (2) to cover the costs of
operation of the Center.
``(g) Additional Terms and Conditions.--The Secretary of the Army
may require such additional terms and conditions in connection with the
agreement authorized by subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.''.
[[Page 118 STAT. 2132]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
4771 the following new item:
``4772. Heritage Center for the National Museum of the United States
Army: development and operation.''.
SEC. 2823. <<NOTE: 10 USC 5013 note.>> ELIMINATION OF REVERSIONARY
INTERESTS CLOUDING UNITED STATES TITLE TO PROPERTY USED AS
NAVY HOMEPORTS.
(a) Authority to Acquire Complete Title.--If real property owned by
the United States and used as a Navy homeport is subject to a
reversionary interest of any kind, the Secretary of the Navy may enter
into an agreement with the holder of the reversionary interest to
acquire the reversionary interest and thereby secure for the United
States all right, title, and interest in and to the property.
(b) Authorized Consideration.--(1) As consideration for the
acquisition of a reversionary interest under subsection (a), the
Secretary shall provide the holder of the reversionary interest with in-
kind consideration, to be determined pursuant to negotiations between
the Secretary and the holder of the reversionary interest.
(2) In determining the type and value of any in-kind consideration
to be provided for the acquisition of a reversionary interest under
subsection (a), the Secretary shall take into account the nature of the
reversionary interest, including whether it would require the holder of
the reversionary interest to pay for any improvements acquired by the
holder as part of the reversion of the real property, and the long-term
use and ultimate disposition of the real property if the United States
were to acquire all right, title, and interest in and to the real
property subject to the reversionary interest.
(c) Prohibited Consideration.--Cash payments are not authorized to
be made as consideration for the acquisition of a reversionary interest
under subsection (a).
Subtitle C--Base Closure and Realignment
SEC. 2831. ESTABLISHMENT OF SPECIFIC DEADLINE FOR SUBMISSION OF
REVISIONS TO FORCE-STRUCTURE PLAN AND INFRASTRUCTURE
INVENTORY.
Section 2912(a)(4) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) is amended by striking ``as part of the budget justification
documents submitted to Congress for fiscal year 2006.'' and inserting
the following: ``not later than March 15, 2005. For purposes of
selecting military installations for closure or realignment under this
part in 2005, no revision of the force-structure plan or infrastructure
inventory is authorized after that date.''.
SEC. 2832. SPECIFICATION OF FINAL SELECTION CRITERIA FOR 2005 BASE
CLOSURE ROUND.
Section 2913 of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended to read as follows:
[[Page 118 STAT. 2133]]
``SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF BASE
CLOSURES AND REALIGNMENTS.
``(a) Final Selection Criteria.--The final criteria to be used by
the Secretary in making recommendations for the closure or realignment
of military installations inside the United States under this part in
2005 shall be the military value and other criteria specified in
subsections (b) and (c).
``(b) Military Value Criteria.--The military value criteria are as
follows:
``(1) The current and future mission capabilities and the
impact on operational readiness of the total force of the
Department of Defense, including the impact on joint
warfighting, training, and readiness.
``(2) The availability and condition of land, facilities,
and associated airspace (including training areas suitable for
maneuver by ground, naval, or air forces throughout a diversity
of climate and terrain areas and staging areas for the use of
the Armed Forces in homeland defense missions) at both existing
and potential receiving locations.
``(3) The ability to accommodate contingency, mobilization,
surge, and future total force requirements at both existing and
potential receiving locations to support operations and
training.
``(4) The cost of operations and the manpower implications.
``(c) Other Criteria.--The other criteria that the Secretary shall
use in making recommendations for the closure or realignment of military
installations inside the United States under this part in 2005 are as
follows:
``(1) The extent and timing of potential costs and savings,
including the number of years, beginning with the date of
completion of the closure or realignment, for the savings to
exceed the costs.
``(2) The economic impact on existing communities in the
vicinity of military installations.
``(3) The ability of the infrastructure of both the existing
and potential receiving communities to support forces, missions,
and personnel.
``(4) The environmental impact, including the impact of
costs related to potential environmental restoration, waste
management, and environmental compliance activities.
``(d) Priority Given to Military Value.--The Secretary shall give
priority consideration to the military value criteria specified in
subsection (b) in the making of recommendations for the closure or
realignment of military installations.
``(e) Effect on Department and Other Agency Costs.--The selection
criteria relating to the cost savings or return on investment from the
proposed closure or realignment of military installations shall take
into account the effect of the proposed closure or realignment on the
costs of any other activity of the Department of Defense or any other
Federal agency that may be required to assume responsibility for
activities at the military installations.
``(f) Relation to Other Materials.--The final selection criteria
specified in this section shall be the only criteria to be used, along
with the force-structure plan and infrastructure inventory referred to
in section 2912, in making recommendations for the
[[Page 118 STAT. 2134]]
closure or realignment of military installations inside the United
States under this part in 2005.
``(g) Relation to Criteria for Earlier Rounds.--Section 2903(b), and
the selection criteria prepared under such section, shall not apply with
respect to the process of making recommendations for the closure or
realignment of military installations in 2005.''.
(c) Conforming Amendments.--The Defense Base Closure and Realignment
Act of 1990 is amended--
(1) <<NOTE: 10 USC 2687 note.>> in section 2912(c)(1)(A), by
striking ``criteria prepared under section 2913'' and inserting
``criteria specified in section 2913''; and
(2) <<NOTE: 10 USC 2687 note.>> in section 2914(a), by
striking ``criteria prepared by the Secretary under section
2913'' and inserting ``criteria specified in section 2913''.
SEC. 2833. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO RECOMMEND THAT
INSTALLATIONS BE PLACED IN INACTIVE STATUS.
Section 2914 of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended by striking subsection (c).
SEC. 2834. VOTING REQUIREMENTS FOR DEFENSE BASE CLOSURE AND REALIGNMENT
COMMISSION TO ADD TO OR OTHERWISE EXPAND CLOSURE AND
REALIGNMENT RECOMMENDATIONS MADE BY SECRETARY OF DEFENSE.
Subsection (d) of section 2914 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), as added by section 3003 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat, 1346) and amended by section 2854 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2728), is amended--
(1) in paragraph (3), by striking ``to add'' and inserting
``to consider additions''; and
(2) by striking paragraph (5) and inserting the following
new paragraph:
``(5) Requirements to expand closure or realignment
recommendations.--In the report required under section
2903(d)(2)(A) that is to be transmitted under paragraph (1), the
Commission may not make a change in the recommendations of the
Secretary that would close a military installation not
recommended for closure by the Secretary, would realign a
military installation not recommended for closure or realignment
by the Secretary, or would expand the extent of the realignment
of a military installation recommended for realignment by the
Secretary unless--
``(A) at least two members of the Commission visit
the military installation before the date of the
transmittal of the report; and
``(B) the decision of the Commission to make the
change to recommend the closure of the military
installation, the realignment of the installation, or
the expanded realignment of the installation is
supported by at least seven members of the
Commission.''.
[[Page 118 STAT. 2135]]
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2841. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION PLANT, KANSAS.
(a) Conveyance Authorized.--The Secretary of the Army, in
consultation with the Administrator of General Services, may convey to
an entity selected by the Board of Commissioners of Johnson County,
Kansas (in this section referred to as the ``entity'' and the ``Board'',
respectively), all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
consisting of approximately 9,065 acres and containing the Sunflower
Army Ammunition Plant. The purpose of the conveyance is to facilitate
the re-use of the property for economic development and revitalization.
(b) Consideration.--(1) As consideration for the conveyance under
subsection (a), the entity shall provide the United States, whether by
cash payment, in-kind consideration, or a combination thereof, an amount
that is not less than the fair market value of the conveyed property, as
determined by an appraisal of the property acceptable to the
Administrator and the Secretary. As a form of in-kind consideration for
the conveyance of the property, the Secretary may authorize the entity
to carry out environmental remediation activities for the conveyed
property.
(2) Cash consideration received under paragraph (1) shall be
deposited in the special account in the Treasury established under
subsection (b) of section 572 of title 40, United States Code, and shall
be available in accordance with paragraph (5)(B)(i) of such subsection.
(c) Construction With Previous Land Conveyance Authority.--The
conveyance authority provided by subsection (a) is in addition to the
conveyance authority provided by section 2823 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2712) to convey a portion of the Sunflower
Army Ammunition Plant to the Johnson County Park and Recreation
District.
(d) Agreements Concerning Environmental Remediation and Explosives
Cleanup.--(1) The Secretary, in consultation with the Administrator, may
enter into a multi-year cooperative agreement or contract with the
entity for the environmental remediation and explosives cleanup of the
conveyed property, and may utilize amounts authorized to be appropriated
to the Secretary for purposes of environmental remediation and
explosives cleanup under the agreement or contract.
(2) The cooperative agreement or contract may provide for advance
payments on an annual basis or for payments on a performance basis.
Payments may be made over a period of time agreed to by the Secretary
and the entity or for such time as may be necessary to perform the
environmental remediation and explosives cleanup of the property,
including any long-term operation and maintenance requirements.
(e) Payment of Costs of Conveyance.--(1) The Secretary may require
the entity to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey
[[Page 118 STAT. 2136]]
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are collected
from the entity in advance of the Secretary incurring the actual costs,
and the amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall refund the
excess amount to the entity.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary and the
Administrator.
(g) Additional Terms and Conditions.--The Secretary and the
Administrator may require such additional terms and conditions in
connection with the conveyance of real property under subsection (a),
and the environmental remediation and explosives cleanup under
subsection (d), as the Secretary and the Administrator jointly consider
appropriate to protect the interests of the United States.
SEC. 2842. LAND EXCHANGE, FORT CAMPBELL, KENTUCKY AND TENNESSEE.
(a) Land Exchange Authorized.--In exchange for the real property
described in subsection (b), the Secretary of the Army may convey to Bi-
County Solid Waste Management System, a local government agency (in this
section referred to as ``Bi-County''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 358 acres located at
Fort Campbell in Montgomery County, Tennessee, for the purpose of
permitting Bi-County to expand a landfill facility.
(b) Consideration.--As consideration for the conveyance under
subsection (a), Bi-County shall convey to the United States all right,
title, and interest of Bi-County in and to a parcel of real property
consisting of approximately 670 acres located adjacent to Fort Campbell
in Trigg County, Kentucky, and Stewart County, Tennessee. The Secretary
shall have jurisdiction over the real property received under this
subsection.
(c) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that Bi-County construct a fence,
acceptable to the Secretary, consisting of at least six-foot high, nine-
gauge chain-link and three-strand barbed wire along the boundary between
Fort Campbell and the real property conveyed under subsection (a).
(d) Payment of Costs of Conveyance.--(1) The Secretary may require
Bi-County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyances under this section, including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyances. If amounts are collected from Bi-County in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually
[[Page 118 STAT. 2137]]
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to Bi-County.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyances. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under this section shall be
determined by surveys satisfactory to the Secretary and Bi-County.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2843. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, DOYLINE,
LOUISIANA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Louisiana (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 14,949 acres located
at the Louisiana Army Ammunition Plant, Doyline, Louisiana.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the following conditions:
(1) That at least 13,500 acres of the real property conveyed
under such subsection is maintained by the State for the purpose
of military training, unless the Secretary determines that fewer
acres are required for such purpose.
(2) That the State ensure that any other uses made of the
conveyed property do not adversely impact such military
training.
(3) That the State accommodate the use of the conveyed
property, at no cost or fee, for meeting the present and future
training needs of units of the Armed Forces, including units of
the Louisiana National Guard and the other active and reserve
components of the Armed Forces.
(4) That the State assume the rights and responsibilities of
the Department of the Army under the armaments retooling
manufacturing support agreement between the Department of the
Army and the facility use contractor with respect to the
Louisiana Army Ammunition Plant, in accordance with the terms of
such agreement in effect at the time of the conveyance.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the State in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to the
State.
[[Page 118 STAT. 2138]]
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the State.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2844. LAND CONVEYANCE, FORT LEONARD WOOD, MISSOURI.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Missouri (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 227.7 acres at Fort
Leonard Wood, Missouri, for the purpose of permitting the State to
establish on the property a State-operated cemetery for veterans of the
Armed Forces.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the property shall
revert, at the option of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the State in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the State to carry out
the conveyance, the Secretary shall refund the excess amount to the
State. The authority of the Secretary to require the State to cover
administrative costs related to the conveyance does not include costs
related to any environmental remediation required for the property.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
[[Page 118 STAT. 2139]]
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2845. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE SUPPLY
CENTER, COLUMBUS, OHIO.
(a) Transfer Authorized.--The Secretary of the Army may transfer,
without reimbursement, to the administrative jurisdiction of the
Secretary of Veterans Affairs a parcel of real property consisting of
approximately 20 acres and comprising a portion of the Defense Supply
Center in Columbus, Ohio.
(b) Use of Property.--The Secretary of Veterans Affairs may only use
the property transferred under subsection (a) as the site for the
construction of a new outpatient clinic for the provision of medical
services to veterans.
(c) Costs.--Any administrative costs in connection with the transfer
of property under subsection (a), including the costs of the survey
required by subsection (e), shall be borne by the Secretary of Veterans
Affairs.
(d) Return of Jurisdiction to Army.--If construction of the
outpatient clinic described in subsection (b) has not commenced on the
property transferred under subsection (a) by the end of the three-year
period beginning on the date on which the property is transferred, the
Secretary of Veterans Affairs shall return, at the request of the
Secretary of the Army, administrative jurisdiction over the property to
the Secretary of the Army.
(e) Description of Property.--The exact acreage and legal
description of the real property to be transferred under subsection (a)
shall be determined by a survey satisfactory to the Secretary of the
Army.
SEC. 2846. JURISDICTION AND UTILIZATION OF FORMER PUBLIC DOMAIN LANDS,
UMATILLA CHEMICAL DEPOT, OREGON.
(a) Retention of Jurisdiction.--The various parcels of real property
consisting of approximately 8,300 acres within the boundaries of
Umatilla Chemical Depot, Oregon, that were previously withdrawn from the
public domain are no longer suitable for return to the public domain and
shall remain under the administrative jurisdiction of the Secretary of
the Army.
(b) Utilization.--The Secretary shall combine the real property
described in subsection (a) with other real property comprising the
Umatilla Chemical Depot for purposes of their management and disposal
pursuant to title II of the Defense Authorization Amendments and Base
Closure and Realignment Act of 1988 (Public Law 100-526; 10 U.S.C. 2687
note) and other applicable law.
SEC. 2847. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE, EQUIPMENT AND
STORAGE YARD, CHARLESTON, SOUTH CAROLINA.
Subsection (h) of section 563 of the Water Resources Development Act
of 1999 (Public Law 106-53; 113 Stat. 360) is amended to read as
follows:
``(h) Charleston, South Carolina.--
``(1) Conveyance authorized.--The Secretary may convey to
the City of Charleston, South Carolina (in this subsection
referred to as the `City'), all right, title, and interest of
the United States in and to a parcel of real property of the
Corps
[[Page 118 STAT. 2140]]
of Engineers, including any improvements thereon, that is known
as the Equipment and Storage Yard and consists of approximately
1.06 acres located on Meeting Street in Charleston, South
Carolina. The property shall be conveyed in as-is condition.
``(2) Consideration.--As consideration for the conveyance
under this subsection, the City shall provide the United States,
whether by cash payment, in-kind consideration, or a combination
thereof, an amount that is not less than the fair market value
of the property conveyed, as determined by the Secretary.
``(3) Use of proceeds.--(A) Notwithstanding any requirements
associated with the Plant Replacement and Improvement Program,
amounts received as consideration under paragraph (2) may be
used by the Corps of Engineers, Charleston District--
``(i) to lease, purchase, or construct an office
facility within the boundaries of Charleston, Berkeley,
or Dorchester County, South Carolina;
``(ii) to cover costs associated with the design and
furnishing of such facility; and
``(iii) to satisfy any Plant Replacement and
Improvement Program balances.
``(B) Any amounts received as consideration under paragraph
(2) that are in excess of the fair market value of the real
property conveyed under this subsection may be used for any
authorized activities of the Corps of Engineers, Charleston
District.
``(4) Description of property.--The exact acreage and legal
description of the real property to be conveyed under this
subsection and any property transferred to the United States as
consideration under paragraph (2) shall be determined by surveys
satisfactory to the Secretary.
``(5) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under this subsection as the Secretary considers
appropriate to protect the interests of the United States.''.
SEC. 2848. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Texas A&M University System of the State of Texas (in this section
referred to as the ``University System'') all right, title, and interest
of the United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 662 acres at Fort
Hood, Texas, for the sole purpose of permitting the University System to
establish on the property an upper level (junior, senior, and graduate)
university that will be State-supported, separate from other
universities of the University System, and designated as Texas A&M
University, Central Texas.
(b) Consideration.--(1) As consideration for the conveyance under
subsection (a), the University System shall pay to the United States an
amount equal to the fair market value of the conveyed property, as
determined pursuant to an appraisal acceptable to the Secretary.
(2) In lieu of all or a portion of the cash consideration required
by paragraph (1), the Secretary may accept in-kind consideration,
[[Page 118 STAT. 2141]]
including the conveyance by the University System of real property
acceptable to the Secretary.
(c) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Secretary determine that the
conveyance of the property and the establishment of a university on the
property will not adversely impact the operation of Robert Grey Army
Airfield, which is located on Fort Hood approximately one mile from the
property authorized for conveyance.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the University System.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2849. LAND CONVEYANCE, LOCAL TRAINING AREA FOR BROWNING ARMY
RESERVE CENTER, UTAH.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Utah (in this section referred to
as the ``State'') all right, title, and interest of the United States in
and to a parcel of unimproved real property consisting of approximately
10 acres of the Local Training Area for the Browning Army Reserve
Center, Utah, for the purpose of facilitating the construction and
operation of a nursing-care facility for veterans. The parcel to be
conveyed under this subsection shall be selected by the Secretary in
consultation with the State.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the property shall
revert, at the option of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts paid to the Secretary in advance
exceed the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the State.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations, as amounts
in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
[[Page 118 STAT. 2142]]
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2850. LAND CONVEYANCE, ARMY RESERVE CENTER, HAMPTON, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Hampton City School Board of Hampton,
Virginia (in this section referred to as the ``Board''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, that consists of
approximately 13.42 acres, is located on Downey Farm Road in Hampton,
Virginia, and is known as the Butler Farm United States Army Reserve
Center for the purpose of permitting the Board to use the property for
public education purposes.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Board accept the real
property described in subsection (a) in its condition at the time of the
conveyance, commonly known as conveyance ``as is''.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the Board to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the Board in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to the
Board.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2851. LAND CONVEYANCE, ARMY NATIONAL GUARD FACILITY, SEATTLE,
WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Washington (in this section
referred to as the ``State'') all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 9.747 acres in
Seattle, Washington, and comprising a portion of the National Guard
Facility, Pier 91, for the purpose of permitting the State to convey the
facility unencumbered for economic development purposes.
[[Page 118 STAT. 2143]]
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the State accept the real
property in its condition at the time of the conveyance, commonly known
as conveyance ``as is''.
(c) Administrative Expenses.--(1) The State shall reimburse the
Secretary for the administrative expenses incurred by the Secretary in
carrying out the conveyance under subsection (a), including expenses
related to surveys and legal descriptions, boundary monumentation,
environmental surveys, necessary documentation, travel, and deed
preparation.
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amounts received by the Secretary as reimbursement under this
subsection.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the United States, subject to the requirement
for reimbursement under subsection (c).
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2852. MODIFICATION OF LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS,
WASHINGTON.
(a) Property to Be Transferred to Secretary of the Interior in
Trust.--Subsection (a)(1) of section 2837 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1315) is amended--
(1) by striking ``may convey to'' and inserting ``may
transfer to the Secretary of the Interior, in trust for''; and
(2) by striking ``Washington, in'' and all that follows
through the period and inserting ``Washington. The Secretary of
the Army may make the transfer under the preceding sentence, and
the Secretary of the Interior may accept the property
transferred in trust for the Nisqually Tribe under the preceding
sentence, only in conjunction with the conveyance described in
subsection (b)(2).''.
(b) Increase in Acreage to Be Transferred.--Such subsection is
further amended by striking ``138 acres'' and inserting ``168 acres''.
(c) Qualification on Property to Be Transferred.--Subsection (a)(2)
of such section is amended--
(1) by striking ``conveyance'' and inserting ``transfer'';
and
(2) by striking ``or the right of way described in
subsection (c)'' and inserting ``located on the real property
transferred under that paragraph''.
(d) Consideration.--Subsection (b) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``conveyance'' and inserting ``transfer''; and
(2) in paragraph (2), by striking ``fee title over the
acquired property to the Secretary'' and inserting ``to the
United States fee title to the property acquired under paragraph
(1), free from all liens, encumbrances or other interests other
than those, if any, acceptable to the Secretary of the Army''.
[[Page 118 STAT. 2144]]
(e) Treatment of Existing Permit Rights; Grant of Easement.--Such
section is further amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Treatment of Existing Permit Rights; Grant of Easement.--(1)
The transfer under subsection (a) recognizes and preserves to the
Bonneville Power Administration, in perpetuity and without the right of
revocation except as provided in paragraph (2), rights in existence at
the time of the conveyance under the permit dated February 4, 1949, as
amended January 4, 1952, between the Department of the Army and the
Bonneville Power Administration with respect to any portion of the
property transferred under subsection (a) upon which the Bonneville
Power Administration retains transmission facilities. The rights
recognized and preserved include the right to upgrade those transmission
facilities.
``(2) The permit rights recognized and preserved under paragraph (1)
shall terminate only upon the Bonneville Power Administration's
relocation of the transmission facilities referred to in paragraph (1),
and then only with respect to that portion of those transmission
facilities that are relocated.
``(3) The Secretary of the Interior, as trustee for the Nisqually
Tribe, shall grant to the Bonneville Power Administration, without
consideration and subject to the same rights recognized and preserved in
paragraph (1), such additional easements across the property transferred
under subsection (a) as the Bonneville Power Administration considers
necessary to accommodate the relocation or reconnection of Bonneville
Power Administration transmission facilities from property owned by the
Tribe and held by the Secretary of the Interior in trust for the
Tribe.''.
(f) Conforming Amendments.--(1) Subsection (c) of such section is
amended by inserting ``of the Army'' after ``Secretary''.
(2) Subsection (e) of such section (as redesignated by subsection
(e)(1)) is amended--
(A) by striking ``conveyed'' and inserting ``transferred'';
(B) by inserting ``of the Army'' after ``Secretary''; and
(C) by striking ``the recipient of the property being
surveyed'' and inserting ``the Tribe, in the case of the
transfer under subsection (a), and the Secretary of the Army, in
the case of the acquisition under subsection (b)''.
(3) Subsection (f) of such section (as redesignated by subsection
(e)(1)) is amended--
(A) by inserting ``of the Army'' after ``Secretary'' both
place it appears; and
(B) by striking ``conveyances under this section'' and
inserting ``transfer under subsection (a) and conveyances under
subsections (b)(2) and (c)''.
PART II--NAVY CONVEYANCES
SEC. 2861. LAND EXCHANGE, FORMER RICHMOND NAVAL AIR STATION, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the University of Miami, Miami, Florida (in this section referred to as
the ``University''), all right, title, and interest of
[[Page 118 STAT. 2145]]
the United States in and to certain parcels of real property, together
with any improvements thereon, consisting of approximately 14 acres and
located in the vicinity of the former Richmond Naval Air Station,
Florida, in order to facilitate force protection and security needs of
Department of Defense facilities located on the former Richmond Naval
Air Station.
(b) Release of Easements.--As part of the conveyance of property
authorized by subsection (a), the Secretary may also--
(1) release and extinguish any interest of the United States
in a clearance easement on the western portion of the property
of the University; and
(2) release and extinguish any interest of the United States
in a certain easement for ingress and egress extending southwest
and south from Southwest 127th Street along the western property
line of a certain portion of United States property referred to
as ``IE2'' in the Agreement in Principle referred to in
subsection (e)(2).
(c) Consideration.--As consideration for the conveyance of property
authorized by subsection (a) and the release and extinguishment of
interests authorized by subsection (b), the University shall--
(1) convey to the United States all right, title, and
interest of the University in and to certain parcels of real
property, together with any improvements thereon, consisting of
approximately 12 acres;
(2) grant to the United States such easement over a parcel
of real property located along the western boundary of the
property of the University as the Secretary considers
appropriate to permit the United States to exercise dominion and
control over the portion of the western boundary of the property
of the University that has been, or may be, designated as
Natural Forest Community habitat;
(3) construct and install a berm and fence security system
along the entirety of the new property line between the United
States and the University;
(4) relocate the existing security gate and guard building,
or establish a new security gate and guard building similar in
design and size to the existing security gate and guard
building, at a point where the property of the United States and
the University intersect on the existing ingress-egress road;
and
(5) construct a new two-lane access road from Southwest
152nd Street at the western boundary of the property of the
University to a point that connects with the existing road on
the property of the United States (commonly referred to as the
``FAA Road'').
(d) Construction With Previous Conveyance.--Any restrictions on the
use as an animal research facility of a certain parcel of real property,
consisting of approximately 30 acres, conveyed by the Secretary of
Health and Human Services to the University pursuant to section 647 of
the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208;
110 Stat. 3009-366) shall terminate upon the execution of the agreement
of exchange required by subsection (e).
(e) Terms of Exchange.--(1) The Secretary and the University shall
carry out the conveyances and releases of interest authorized by this
section pursuant to an agreement of exchange (to be known
[[Page 118 STAT. 2146]]
as the ``Exchange Agreement'') between the Secretary and the University.
(2) The agreement of exchange shall conform to, and develop with
more particularity, the Agreement in Principle executed by the United
States and the University on July 13 through 15, 2004.
(f) Payment of Costs.--(1) The Secretary may require the University
to cover costs to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyances under this section and the release and grants of interests
under this section, including survey costs, costs related to
environmental documentation, and other administrative costs related to
such activities. If amounts paid to the Secretary in advance exceed the
costs actually incurred by the Secretary to carry out such activities,
the Secretary shall refund the excess amount to the University.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations, as amounts
in such fund or account.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under this section, and of
the interests to be released or granted under this section, shall be
determined by surveys satisfactory to the Secretary.
(h) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section, and the release and grants of interests under this
section, as the Secretary considers appropriate to protect the interests
of the United States.
SEC. 2862. LAND CONVEYANCE, HONOLULU, HAWAII.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration but subject to the conditions specified in
subsection (b), to the City and County of Honolulu, Hawaii, all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approximately
5.16 acres located at 890 Valkenberg Avenue, Honolulu, Hawaii, and
currently used by the City and County of Honolulu as the site of a fire
station and firefighting training facility. The purpose of the
conveyance is to enhance the capability of the City and County of
Honolulu to provide fire protection and firefighting services to the
civilian and military properties in the area and to provide a location
for firefighting training for civilian and military personnel.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the following conditions:
(1) That the City and County of Honolulu accept the real
property in its condition at the time of the conveyance,
commonly known as conveyance ``as is''.
(2) That the City and County of Honolulu make the
firefighting training facility available to the fire protection
and firefighting units of the military departments for training
not less than two days per week on terms satisfactory to the
Secretary.
(c) Payment of Costs of Conveyance.--(1) The Secretary shall require
the City and County of Honolulu to cover costs to
[[Page 118 STAT. 2147]]
be incurred by the Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance under subsection
(a), including survey costs, costs related to environmental
documentation, and other administrative costs related to the conveyance.
If amounts are collected from the City and County of Honolulu in advance
of the Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount, without
interest, to the City and County of Honolulu.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2863. LAND CONVEYANCE, NAVY PROPERTY, FORMER FORT SHERIDAN,
ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the State of Illinois, a political subdivision
of the State, or a nonprofit land conservation organization (in this
section referred to as the ``grantee'') all right, title, and interest
of the United States in and to certain parcels of real property
consisting of a total of approximately 25 acres of environmentally
sensitive land at the former Fort Sheridan, Illinois, for the purpose of
ensuring the permanent protection of the land.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
or maintained in accordance with the purpose of the conveyance specified
in such subsection, all right, title, and interest in and to the
property shall revert, at the option of the Secretary, to the United
States, and the United States shall have the right of immediate entry
onto the property. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity for a
hearing.
(c) Reconveyance Authorized.--The Secretary may permit the grantee
to convey the real property conveyed under subsection (a) to another
eligible entity described in such subsection, subject to the same
covenants and terms and conditions as provided in the deed from the
United States.
(d) Payment of Costs of Conveyance.--(1) The Secretary shall require
the grantee to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the grantee in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds
[[Page 118 STAT. 2148]]
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the grantee.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
(g) Use of Alternate Conveyance Authority.--In lieu of using the
authority provided by this section to convey the real property described
in subsection (a), the Secretary may elect to include the property in a
conveyance authorized by section 2878 of title 10, United States Code,
subject to such terms, reservations, restrictions, and conditions as may
be necessary to ensure the permanent protection of the property, if the
Secretary determines that a conveyance under such section is
advantageous to the interests of the United States.
SEC. 2864. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER, MARYLAND.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the State of Maryland (in this section referred to as ``State'') all
right, title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately five acres at Naval Air Station, Patuxent River, Maryland,
and containing the Point Lookout Lighthouse, other structures related to
the lighthouse, and an archaeological site pertaining to the military
hospital that was located on the property during the Civil War. The
conveyance shall include artifacts pertaining to the military hospital
recovered by the Navy and held at the installation.
(b) Property Received in Exchange.--As consideration for the
conveyance of the real property under subsection (a), the State shall
convey to the United States a parcel of real property at Point Lookout
State Park, Maryland, consisting of approximately five acres, or a
smaller parcel that the Secretary considers sufficient and such related
property interests as the Secretary and the State may agree to.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, relocation expenses incurred in
connection with the acquisition of real property under subsection (b),
and other administrative costs related to the conveyance. If amounts are
collected from the State in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out
[[Page 118 STAT. 2149]]
the conveyance, the Secretary shall refund the excess amount to State.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the properties to be conveyed under this section shall be
determined by surveys satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2865. MODIFICATION OF LAND ACQUISITION AUTHORITY, PERQUIMANS
COUNTY, NORTH CAROLINA.
Section 2846 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1320) is
amended by striking ``240 acres'' and insert ``840 acres''.
SEC. 2866. LAND CONVEYANCE, NAVAL WEAPONS STATION, CHARLESTON, SOUTH
CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the Berkeley County Sanitation Authority, South Carolina (in this
section referred to as the ``Authority''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of not more than 38 acres
and comprising a portion of the Naval Weapons Station, Charleston, South
Carolina, for the purpose of allowing the Authority to expand an
existing sewage treatment plant.
(b) Consideration.--(1) As consideration for the conveyance of the
real property under subsection (a), the Authority shall provide the
United States, whether by cash payment, in-kind services, or a
combination thereof, an amount that is not less than the fair market
value of the conveyed property.
(2) The fair market value of the real property conveyed under
subsection (a) shall be determined by an appraisal acceptable to the
Secretary.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the Authority to cover costs incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including survey costs, costs related
to environmental documentation, and other administrative costs related
to the conveyance. If amounts are collected from the Authority in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount to the
Authority.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be made available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
[[Page 118 STAT. 2150]]
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2867. LAND CONVEYANCE, NAVY YMCA BUILDING, PORTSMOUTH, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Portsmouth, Virginia (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon,
consisting of approximately 0.49 acres located at 517 King Street in
Portsmouth, Virginia, and known as the ``Navy YMCA Building'', for the
purpose of permitting the City to use the property for economic
revitalization purposes.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall provide the United States, whether by
cash payment, in-kind consideration, or a combination thereof, an amount
equal to the costs related to the environmental remediation of the real
property to be conveyed.
(c) Payment of Other Costs of Conveyance.--(1) The Secretary may
require the City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyance. If amounts paid to the Secretary in advance
exceed the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations, as amounts
in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2871. LAND EXCHANGE, MAXWELL AIR FORCE BASE, ALABAMA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the City of Montgomery, Alabama (in this section referred to
as the ``City''), all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon,
consisting of approximately 28 acres and containing the Maxwell Heights
Housing site at Maxwell Air Force Base, Alabama.
(b) Consideration.--(1) As consideration for the conveyance of the
real property under subsection (a), the City shall convey
[[Page 118 STAT. 2151]]
to the United States a parcel of real property, including any
improvements thereon, located contiguous to Maxwell Air Force Base,
consisting of approximately 35 acres, and designated as project AL 6-4,
for the purpose of allowing the Secretary to incorporate the parcel into
a project for the acquisition or improvement of military housing. The
military housing project may consist of or include a project conducted
under the authority of subchapter IV of chapter 169 of title 10, United
States Code. The Secretary shall have jurisdiction over the real
property received under this paragraph.
(2) If the fair market value of the real property received under
paragraph (1) is less than the fair market value of the real property
conveyed under subsection (a), the Secretary may require the City to
make up the difference through the payment of cash, the provision of in-
kind consideration, or a combination thereof, to be determined pursuant
to negotiations between the Secretary and the City.
(3) The fair market values of the real property to be exchanged
under this section shall be determined by appraisals acceptable to the
Secretary and the City.
(c) Payment of Costs of Conveyance.--(1) The Secretary may require
the City to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out the
conveyances under subsections (a) and (b), including survey costs, costs
related to environmental documentation, and other administrative costs
related to the conveyances. If amounts are collected from the City in
advance of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to carry
out the conveyances, the Secretary shall refund the excess amount to the
City.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyances. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the properties to be conveyed under this section shall be
determined by surveys satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2872. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to the March Joint Powers Authority (in this section referred to
as the ``Authority'') all right, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 15 acres located in Riverside
County, California, and containing the former Defense Reutilization and
Marketing Office facility for March Air Force Base, which is also known
as Parcel A-6, for the purpose of permitting the Authority to use the
property for economic development and revitalization.
[[Page 118 STAT. 2152]]
(b) Consideration.--As consideration for the conveyance of the real
property under subsection (a), the Authority shall pay the United States
an amount equal to the fair market value of the conveyed property, as
determined by the Secretary. The payment shall be deposited in the
special account in the Treasury referred to in paragraph (5) of section
572(b) of title 40, United States Code, and shall be available as
provided in subparagraph (B)(ii) of such paragraph.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Authority.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2873. LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE BASE, NEW YORK.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey to the Oneida County Industrial Development Agency, New York, the
local reuse authority for the former Griffiss Air Force Base (in this
section referred to as the ``Authority''), all right, title and interest
of the United States in and to two parcels of real property consisting
of 7.897 acres and 1.742 acres and containing the four buildings
specified in paragraph (2), which were vacated by the Air Force in
conjunction with its relocation to the Consolidated Intelligence and
Reconnaissance Laboratory at Air Force Research Laboratory--Rome
Research Site, Rome, New York.
(2) The buildings referred to in paragraph (1) are the following:
(A) Building 240 (117,323 square feet).
(B) Building 247 (13,199 square feet).
(C) Building 248 (4,000 square feet).
(D) Building 302 (20,577 square feet).
(3) The purpose of the conveyance under this subsection is to permit
the Authority to develop the parcels and buildings for economic purposes
in a manner consistent with section 2905 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Authority accept the real
property in its condition at the time of the conveyance, commonly known
as conveyance ``as is''.
(c) Consideration.--As consideration for the conveyance under
subsection (a), the Authority shall provide the United States, whether
by cash payment, in-kind contribution, or a combination thereof, an
amount equal to the fair market of value of the conveyed real property,
as determined by the Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Authority.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
[[Page 118 STAT. 2153]]
PART IV--OTHER CONVEYANCES
SEC. 2881. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.
(a) Exchange Authorized.--The Secretary of Defense may convey to
Arlington County, Virginia (in this section referred to as the
``County''), all right, title, and interest of the United States in and
to a parcel of real property, together with any improvements thereon,
that consists of not more than 4.5 acres and is located north of
Columbia Pike on the Navy Annex property in Arlington County, Virginia,
for the purpose of the construction of a freedmen heritage museum and an
Arlington history museum.
(b) Consideration.--As consideration for the conveyance of the real
property under subsection (a), the County shall convey to the United
States all right, title, and interest of the County in and to a parcel
of real property, together with any improvements thereon, that is of a
size equivalent to the total acreage of the real property conveyed by
the Secretary under subsection (a) and is located in the area known as
the Southgate Road right-of-way between Arlington National Cemetery,
Virginia, and the Navy Annex property.
(c) Selection of Property for Conveyance.--The Secretary, in
consultation with the County, shall determine the acreage of the parcels
of real property to be exchanged under this section, and such
determination shall be final. In selecting the real property for
conveyance to the County under subsection (a), the Secretary shall
seek--
(1) to provide the County with sufficient property for
museum construction that is compatible with, and honors, the
history of the freedmen's village that was located in the area
and the heritage of the County;
(2) to preserve the appropriate traditions of Arlington
National Cemetery; and
(3) to maintain the amount of acreage currently available
for potential grave sites at Arlington National Cemetery.
(d) Payment of Costs of Conveyances.--(1) The Secretary may require
the County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to carry
out the conveyances under subsections (a) and (b), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyances. If amounts are
collected from the County in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the County.
(2) Amounts received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the conveyances. Amounts so
credited shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under this section shall
be determined by surveys satisfactory to the Secretary.
[[Page 118 STAT. 2154]]
(f) Reversionary Interest.--(1) If at any time the Secretary
determines that the property conveyed to the County under subsection (a)
is not being used for the purposes stated in that subsection, then, at
the option of the Secretary, all right, title, and interest in and to
the property, including any improvements thereon, shall revert to the
United States, and the United States shall have the right of immediate
entry onto the property.
(2) If the Secretary exercises the reversionary interest provided
for in paragraph (1), the Secretary shall pay the County, from amounts
available to the Secretary for military construction for the Defense
Agencies, an amount equal to the fair market value of the property that
reverts to the United States, as determined by the Secretary.
(g) Inclusion of Southgate Road Right-of-Way Property in Transfer of
Navy Annex Property for Arlington National Cemetery.--Subsection (a) of
section 2881 of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106-65; 113 Stat. 879) is amended by
striking ``three parcels of real property consisting of approximately 36
acres'' and inserting ``four parcels of real property consisting of
approximately 40 acres''.
(h) Termination of Reservation of Certain Navy Annex Property for
Memorials or Museums.--(1) Subsection (b) of such section, as amended by
section 2863(f) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1332) and
section 2851(a)(1) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2726), is
further amended--
(A) by striking ``(1) Subject to paragraph (2), the
Secretary'' and inserting ``The Secretary''; and
(B) by striking paragraph (2).
(2) Subsection (d)(2) of such section, as amended by section
2851(a)(2) of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2726), is further
amended--
(A) by striking ``(A)''; and
(B) by striking ``, and (B)'' and all that follows through
``Museum.'' and inserting a period.
(3) Subsection (f) of such section is amended by striking ``reserved
under subsection (b)(2) and of the portion''.
(i) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to protect the
interests of the United States.
Subtitle E--Other Matters
SEC. 2891. ONE-YEAR RESUMPTION OF DEPARTMENT OF DEFENSE LABORATORY
REVITALIZATION DEMONSTRATION PROGRAM.
Section 2892(g) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 10 U.S.C. 2805 note) is amended by
striking ``September 30, 2003'' and inserting ``September 30, 2005''.
[[Page 118 STAT. 2155]]
SEC. 2892. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL AT LUKE AIR FORCE
BASE, ARIZONA, IN HONOR OF JOHN J. RHODES, A FORMER MINORITY
LEADER OF THE HOUSE OF REPRESENTATIVES.
The Airmen Leadership School at Luke Air Force Base, Arizona,
building 156, shall be known and designated as the ``John J. Rhodes
Airmen Leadership School''. Any reference to such facility in any law,
regulation, map, document, record, or other paper of the United States
shall be considered to be a reference to the John J. Rhodes Airmen
Leadership School.
SEC. 2893. SETTLEMENT OF CLAIM OF OAKLAND BASE REUSE AUTHORITY AND
REDEVELOPMENT AGENCY.
(a) Authority to Settle Claim.--The Secretary of the Navy may make a
payment in the amount of $2,100,000 to the Oakland Base Reuse Authority
and Redevelopment Agency of the City of Oakland, California, in
settlement of Oakland Base Reuse Authority and Redevelopment Agency of
the City of Oakland v. the United States, Case No. C02-4652 MHP, United
States District Court, Northern District of California, including any
appeal.
(b) Release of Claim.--The payment made under subsection (a) shall
be in full satisfaction of all claims of the Oakland Base Reuse
Authority and Redevelopment Agency against the United States related to
the case referred to in subsection (a), and the Oakland Base Reuse
Authority and Redevelopment Agency shall give to the Secretary a release
of all claims to 18 officer housing units and related real property
located at the former Naval Medical Center Oakland, California. The
release shall be in a form that is satisfactory to the Secretary.
(c) Source of Funds for Settlement.--To make the payment authorized
by subsection (a), the Secretary may use--
(1) funds in the Department of Defense Base Closure Account
1990; or
(2) the proceeds from the sale of the housing units and
property described in subsection (b).
SEC. 2894. REPORT ON ESTABLISHMENT OF MOBILIZATION STATION AT CAMP
RIPLEY NATIONAL GUARD TRAINING CENTER, LITTLE FALLS,
MINNESOTA.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report regarding the
feasibility of using Camp Ripley National Guard Training Center in
Little Falls, Minnesota, as a mobilization station for members of a
reserve component ordered to active duty under any provision of law
specified in section 101(a)(13)(B) of title 10, United States Code. The
report shall include a discussion of the actions necessary to establish
the center as a mobilization station.
SEC. 2895. REPORT ON FEASIBILITY OF ESTABLISHMENT OF VETERANS MEMORIAL
AT MARINE CORPS AIR STATION, EL TORO, CALIFORNIA.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to Congress a report on whether
the anticipated future uses of the former Marine Corps Air Station, El
Toro, California, by the City of Irvine, California, would permit the
establishment and maintenance, at no
[[Page 118 STAT. 2156]]
cost to the United States, of a veterans memorial at the former
installation.
SEC. 2896. SENSE OF CONGRESS REGARDING EFFECT OF MILITARY HOUSING
POLICIES AND FORCE STRUCTURE AND BASING CHANGES ON LOCAL
EDUCATIONAL AGENCIES.
(a) Findings.--Congress 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
attending public elementary or secondary schools in the United
States.
(3) Changes to the military family housing policies of the
military departments affect both military housing requirements
and the number of dependent children living on military
installations in the United States.
(4) Proposed restationing of units of the Armed Forces
worldwide, including the return of a significant number of
members of the Armed Forces stationed overseas to the United
States and the Army proposal to modify its force structure to
establish so-called units of action, will increase military
housing requirements at military installations in the United
States and may result in the need for additional educational
facilities at such installations and in the adjacent
communities.
(5) To help provide sufficient housing for members of the
Armed Forces and their families, the Secretaries of the military
departments intend to continue to use the authorities provided
in subchapter IV of chapter 169 of title 10, United States Code,
to carry out privatization initiatives that will improve or
replace an additional 120,000 military family housing units in
the United States.
(6) The Secretaries of the military departments may include
the construction of school facilities as one of the ancillary
supporting facilities authorized as part of a privatization
initiative carried out under such subchapter.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Defense should--
(1) consider the effects that changes in force structure and
overseas stationing arrangements will have on--
(A) military housing requirements at specific
military installations in the United States;
(B) the number of school-aged military dependents at
those installations; and
(C) the need for additional educational facilities
to serve such dependents; and
(2) consult with local communities and local educational
agencies about the best ways to address such changing housing
requirements and satisfy the need for additional educational
facilities, including using the authority of subchapter IV of
chapter 169 of title 10, United States Code, to include the
construction of educational facilities as one of the ancillary
supporting facilities authorized as part of military
privatization housing initiatives.
[[Page 118 STAT. 2157]]
SEC. 2897. SENSE OF CONGRESS AND STUDY REGARDING MEMORIAL HONORING NON-
UNITED STATES CITIZENS KILLED IN THE LINE OF DUTY WHILE
SERVING IN THE UNITED STATES ARMED FORCES.
(a) Sense of Congress.--It is the sense of Congress that a memorial
marker or monument should be designed and placed in an appropriate
location to honor the service and sacrifice of individuals who, although
not United States citizens, served in the United States Armed Forces and
were killed in the line of duty.
(b) Study.--The Secretary of the Army, in consultation with the
Secretary of Veterans Affairs and the American Battle Monuments
Commission, shall conduct a study examining the feasibility of placing
in Arlington National Cemetery, or some other appropriate location, a
memorial marker honoring the service and sacrifice of non-United States
citizens killed in the line of duty while serving in the Armed Forces.
(c) Content of Study.--The study required by subsection (b) shall
include the following:
(1) A discussion of the historical development of Arlington
National Cemetery.
(2) Comprehensive information on the memorial markers
presently located in Arlington National Cemetery.
(3) A description of any limitations affecting the ability
to establish new monuments, markers, tributes, or plaques in
Arlington National Cemetery.
(4) A discussion of alternative locations outside of
Arlington National Cemetery that have been used for comparable
memorial markers.
(5) Recommendations for appropriate locations for a memorial
marker that may be considered.
(d) Report and Recommendations.--Not later than April 1, 2005, the
Secretary of the Army shall submit to the Committee on Armed Services
and the Committee on Veterans' Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on Veterans'
Affairs of the Senate a report containing the results of the study
required by subsection (b), together with any recommendations for an
appropriate plan to honor the service of non-United States citizens
killed in the line of duty while serving in the Armed Forces.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY 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.
[[Page 118 STAT. 2158]]
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Report on requirements for Modern Pit Facility.
Sec. 3112. Two-year extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3113. Limited authority to carry out new projects under Facilities
and Infrastructure Recapitalization Program after project
selection deadline.
Sec. 3114. Modification of milestone and report requirements for
National Ignition Facility.
Sec. 3115. Modification of submittal date of annual plan for
stewardship, management, and certification of warheads in the
nuclear weapons stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. Treatment of waste material.
Sec. 3118. Local stakeholder organizations for 2006 closure sites.
Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts
Initiative.
Subtitle C--Proliferation Matters
Sec. 3131. Modification of authority to use International Nuclear
Materials Protection 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.
Sec. 3133. Silk Road Initiative.
Sec. 3134. Nuclear nonproliferation fellowships for scientists employed
by United States and Russian Federation.
Sec. 3135. Utilization of international contributions to the elimination
of weapons grade plutonium production program.
Subtitle D--Other Matters
Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Report on maintenance of retirement benefits for certain
workers at 2006 closure sites after closure of sites.
Sec. 3143. Report on efforts of National Nuclear Security Administration
to understand plutonium aging.
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 competitive contract.
Sec. 3146. National Academy of Sciences study on management by
Department of Energy of certain radioactive waste streams.
Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders
for acquisition of lands for Manhattan Project in World War
II.
Sec. 3148. Modification of requirements relating to conveyances and
transfer of certain land at Los Alamos National Laboratory,
New Mexico.
Subtitle E--Energy Employees Occupational Illness Compensation Program
Sec. 3161. Contractor employee compensation.
Sec. 3162. Conforming amendments.
Sec. 3163. Technical amendments.
Sec. 3164. Transfer of funds for fiscal year 2005.
Sec. 3165. Use of Energy Employees Occupational Illness Compensation
Fund for certain payments to covered uranium employees.
Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational
Illness Compensation Program Act of 2000.
Sec. 3167. Emergency Special Exposure Cohort meeting and report.
Sec. 3168. Coverage of individuals employed at atomic weapons employer
facilities during periods of residual contamination.
Sec. 3169. Update of report on residual contamination of facilities.
Sec. 3170. Sense of Congress on resource center for energy employees
under Energy Employee Occupational Illness Compensation
Program in western New York and western Pennsylvania region.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2005 for the
activities of the National Nuclear Security
[[Page 118 STAT. 2159]]
Administration in carrying out programs necessary for national security
in the amount of $9,082,300,000, to be allocated as follows:
(1) For weapons activities, $6,592,053,000.
(2) For defense nuclear nonproliferation activities,
$1,348,647,000.
(3) For naval reactors, $797,900,000.
(4) For the Office of the Administrator for Nuclear
Security, $343,700,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for weapons activities, the following
new plant projects:
Project 05-D-140, project engineering and design, various
locations, $11,600,000.
Project 05-D-160, facilities and infrastructure
recapitalization program, project engineering and design,
various locations, $8,700,000.
Project 05-D-170, project engineering and design, safeguards
and security, various locations, $17,000,000.
Project 05-D-401, production bays upgrade, Pantex Plant,
Amarillo, Texas, $25,100,000.
Project 05-D-402, beryllium capability project, Y-12
national security complex, Oak Ridge, Tennessee, $3,627,000.
Project 05-D-601, compressed air upgrades project, Y-12
national security complex, Oak Ridge, Tennessee, $4,400,000.
Project 05-D-602, power grid infrastructure upgrade, Los
Alamos National Laboratory, Los Alamos, New Mexico, $10,000,000.
Project 05-D-603, new master substation, Sandia National
Laboratories, Albuquerque, New Mexico, $600,000.
Project 05-D-701, security perimeter, Los Alamos National
Laboratory, Los Alamos, New Mexico, $20,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for defense environmental management
activities in carrying out programs necessary for national security in
the amount of $6,957,307,000, to be allocated as follows:
(1) For defense site acceleration completion,
$5,970,837,000.
(2) For defense environmental services, $986,470,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for other defense activities in carrying out
programs necessary for national security in the amount of $636,036,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2005 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$120,000,000.
[[Page 118 STAT. 2160]]
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. REPORT ON REQUIREMENTS FOR MODERN PIT FACILITY.
(a) Report.--Not later than January 31, 2005, the Administrator for
Nuclear Security shall submit to the congressional defense committees a
report setting forth the validated pit production requirements for the
Modern Pit Facility.
(b) Validated Pit Production Requirements.--(1) The validated pit
production requirements in the report under subsection (a) shall be
established by the Administrator in conjunction with the Chairman of the
Nuclear Weapons Council.
(2) The validated pit production requirements shall--
(A) include specifications regarding the total number of
pits per year, and the number of pits to be produced per year
for each weapon type, that will be required to be produced in
order to support the weapons that will be retained in the
nuclear weapons stockpile pursuant to the revised nuclear
weapons stockpile plan submitted to the congressional defense
committees as specified in the joint explanatory statement to
accompany the report of the Committee on Conference on the bill
H.R. 2754 of the 108th Congress;
(B) identify any surge capacity that may be included in the
annual pit production requirements; and
(C) assume that the lifetime of any particular pit type is
each of 40 years, 50 years, 60 years, and 70 years.
(c) Form of Report.--The report under subsection (a) shall be
submitted in unclassified form and shall include a classified annex.
SEC. 3112. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``September 30, 2004'' and inserting
``September 30, 2006''.
SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER FACILITIES
AND INFRASTRUCTURE RECAPITALIZATION PROGRAM AFTER PROJECT
SELECTION DEADLINE.
(a) Limited Authority To Carry Out New Projects.--Section 3114(a) of
the National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended--
(1) in the subsection caption, by striking ``Deadline for'';
(2) in paragraph (2), by striking ``No project'' and
inserting ``Except as provided in paragraph (3), no project'';
and
(3) by adding at the end the following new paragraph:
``(3)(A) Subject to the provisions of this paragraph, a project
described in subparagraph (B) may be carried out under the Facilities
and Infrastructure Recapitalization Program after December 31, 2004, if
the Administrator approves the project. The Administrator may not
delegate the authority to approve projects under the preceding sentence.
[[Page 118 STAT. 2161]]
``(B) A project described in this subparagraph is a project that
consists of a specific building, facility, or other improvement
(including fences, roads, or similar improvements).
``(C) Funds may not be obligated or expended for a project under
this paragraph until 60 days after the date on which the Administrator
submits to the congressional defense committees a notice on the project,
including a description of the project and the nature of the project, a
statement explaining why the project was not included in the Facilities
and Infrastructure Recapitalization Program under paragraph (1), and a
statement explaining why the project was not included in any other
program under the jurisdiction of the Administrator.
``(D) The total number of projects that may be carried out under
this paragraph in any fiscal year may not exceed five projects.
``(E) The Administrator may not utilize the authority in this
paragraph until 60 days after the later of--
``(i) the date of the submittal to the congressional defense
committees of a list of the projects selected for inclusion in
the Facilities and Infrastructure Recapitalization Program under
paragraph (1); or
``(ii) the date of the submittal to the congressional
defense committees of the report required by subsection (c).
``(F) A project may not be carried out under this paragraph unless
the project will be completed by September 30, 2011.''.
(b) Construction of Authority.--The <<NOTE: 50 USC 2453
note.>> amendments made by subsection (a) may not be construed to
authorize any delay in either of the following:
(1) The selection of projects for inclusion in the
Facilities and Infrastructure Recapitalization Program under
subsection (a) of section 3114 of the National Defense
Authorization Act for Fiscal Year 2004.
(2) The submittal of the report required by subsection (c)
of such section.
SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIREMENTS FOR
NATIONAL IGNITION FACILITY.
(a) Notification on Milestones To Achieve Ignition.--Subsection (a)
of section 3137 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1369) is amended by striking
``each Level I milestone and Level II milestone for the National
Ignition Facility.'' and inserting the following: ``each milestone for
the National Ignition Facility as follows:
``(1) Each Level I milestone.
``(2) Each Level II milestone.
``(3) Each milestone to achieve ignition.''.
(b) Report on Failure of Timely Achievement of Milestones.--
Subsection (b) of such section is amended by striking ``a Level I
milestone or Level II milestone for the National Ignition Facility'' and
inserting ``a milestone for the National Ignition Facility referred to
in subsection (a)''.
(c) Milestones To Achieve Ignition.--Subsection (c) of such section
is amended to read as follows:
``(c) Milestones.--For purposes of this section:
``(1) The Level I milestones and Level II milestones for the
National Ignition Facility are as established in the August 2000
revised National Ignition Facility baseline document.
[[Page 118 STAT. 2162]]
``(2) The milestones for the National Ignition Facility to
achieve ignition are such milestones (other than the milestones
referred to in paragraph (1)) as the Administrator shall
establish on any activities at the National Ignition Facility
that are required to enable the National Ignition Facility to
achieve ignition and be a fully functioning user facility by
December 31, 2011.''.
(d) Submittal to Congress of Milestones To Achieve Ignition.--Not
later than January 31, 2005, the Administrator for Nuclear Security
shall submit to the congressional defense committees a report setting
forth the milestones of the National Ignition Facility to achieve
ignition as established by the Administration under subsection (c)(2) of
section 3137 of the National Defense Authorization Act for Fiscal Year
2002, as amended by subsection (c) of this section. The report shall
include--
(1) a description of each milestone established; and
(2) a proposal for the funding to be required to meet each
such milestone.
(e) Extension of Sunset.--Subsection (d) of section 3137 of such Act
is amended by striking ``September 30, 2004'' and inserting ``December
31, 2011''.
SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL PLAN FOR
STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF WARHEADS IN
THE NUCLEAR WEAPONS STOCKPILE.
Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C. 2523(c))
is amended by striking ``March 15 of each year thereafter'' and
inserting ``May 1 of each year thereafter''.
SEC. 3116. <<NOTE: 50 USC 2601 note.>> DEFENSE SITE ACCELERATION
COMPLETION.
(a) In General.--Notwithstanding the provisions of the Nuclear Waste
Policy Act of 1982, the requirements of section 202 of the Energy
Reorganization Act of 1974, and other laws that define classes of
radioactive waste, with respect to material stored at a Department of
Energy site at which activities are regulated by a covered State
pursuant to approved closure plans or permits issued by the State, the
term ``high-level radioactive waste'' does not include radioactive waste
resulting from the reprocessing of spent nuclear fuel that the Secretary
of Energy (in this section referred to as the ``Secretary''), in
consultation with the Nuclear Regulatory Commission (in this section
referred to as the ``Commission''), determines--
(1) does not require permanent isolation in a deep geologic
repository for spent fuel or high-level radioactive waste;
(2) has had highly radioactive radionuclides removed to the
maximum extent practical; and
(3)(A) does not exceed concentration limits for Class C low-
level waste as set out in section 61.55 of title 10, Code of
Federal Regulations, and will be disposed of--
(i) in compliance with the performance objectives
set out in subpart C of part 61 of title 10, Code of
Federal Regulations; and
(ii) pursuant to a State-approved closure plan or
State-issued permit, authority for the approval or
issuance of which is conferred on the State outside of
this section; or
[[Page 118 STAT. 2163]]
(B) exceeds concentration limits for Class C low-level waste
as set out in section 61.55 of title 10, Code of Federal
Regulations, but will be disposed of--
(i) in compliance with the performance objectives
set out in subpart C of part 61 of title 10, Code of
Federal Regulations;
(ii) pursuant to a State-approved closure plan or
State-issued permit, authority for the approval or
issuance of which is conferred on the State outside of
this section; and
(iii) pursuant to plans developed by the Secretary
in consultation with the Commission.
(b) Monitoring by Nuclear Regulatory Commission.--(1) The Commission
shall, in coordination with the covered State, monitor disposal actions
taken by the Department of Energy pursuant to subparagraphs (A) and (B)
of subsection (a)(3) for the purpose of assessing compliance with the
performance objectives set out in subpart C of part 61 of title 10, Code
of Federal Regulations.
(2) If the Commission considers any disposal actions taken by the
Department of Energy pursuant to those subparagraphs to be not in
compliance with those performance objectives, the Commission shall, as
soon as practicable after discovery of the noncompliant conditions,
inform the Department of Energy, the covered State, and the following
congressional committees:
(A) The Committee on Armed Services, the Committee on Energy
and Commerce, and the Committee on Appropriations of the House
of Representatives.
(B) The Committee on Armed Services, the Committee on Energy
and Natural Resources, the Committee on Environment and Public
Works, and the Committee on Appropriations of the Senate.
(3) For fiscal year 2005, the Secretary shall, from amounts
available for defense site acceleration completion, reimburse the
Commission for all expenses, including salaries, that the Commission
incurs as a result of performance under subsection (a) and this
subsection for fiscal year 2005. The Department of Energy and the
Commission may enter into an interagency agreement that specifies the
method of reimbursement. Amounts received by the Commission for
performance under subsection (a) and this subsection may be retained and
used for salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code, and shall
remain available until expended.
(4) For fiscal years after 2005, the Commission shall include in the
budget justification materials submitted to Congress in support of the
Commission budget for that fiscal year (as submitted with the budget of
the President under section 1105(a) of title 31, United States Code) the
amounts required, not offset by revenues, for performance under
subsection (a) and this subsection.
(c) Inapplicability to Certain Materials.--Subsection (a) shall not
apply to any material otherwise covered by that subsection that is
transported from the covered State.
(d) Covered States.--For purposes of this section, the following
States are covered States:
(1) The State of South Carolina.
(2) The State of Idaho.
[[Page 118 STAT. 2164]]
(e) Construction.--(1) Nothing in this section shall impair, alter,
or modify the full implementation of any Federal Facility Agreement and
Consent Order or other applicable consent decree for a Department of
Energy site.
(2) Nothing in this section establishes any precedent or is binding
on the State of Washington, the State of Oregon, or any other State not
covered by subsection (d) for the management, storage, treatment, and
disposition of radioactive and hazardous materials.
(3) Nothing in this section amends the definition of ``transuranic
waste'' or regulations for repository disposal of transuranic waste
pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act or part
191 of title 40, Code of Federal Regulations.
(4) Nothing in this section shall be construed to affect in any way
the obligations of the Department of Energy to comply with section 4306A
of the Atomic Energy Defense Act (50 U.S.C. 2567).
(5) Nothing in this section amends the West Valley Demonstration Act
(42 U.S.C. 2121a note).
(f) Judicial Review.--Judicial review shall be available in
accordance with chapter 7 of title 5, United States Code, for the
following:
(1) Any determination made by the Secretary or any other
agency action taken by the Secretary pursuant to this section.
(2) Any failure of the Commission to carry out its
responsibilities under subsection (b).
SEC. 3117. TREATMENT OF WASTE MATERIAL.
Of the amounts made available pursuant to the authorization of
appropriations in section 3102(1) for environmental management for
defense site acceleration completion for the High-Level Waste Proposal,
$350,000,000 shall be available at specified sites for any defense site
acceleration completion activities at those sites, as follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho, $97,300,000.
(2) The Savannah River Site, Aiken, South Carolina,
$188,600,000.
(3) The Hanford Site, Richland, Washington, $64,100,000.
SEC. 3118. LOCAL STAKEHOLDER ORGANIZATIONS FOR 2006 CLOSURE SITES.
(a) Establishment.--(1) The Secretary of Energy shall establish for
each Department of Energy 2006 closure site a local stakeholder
organization having the responsibilities set forth in subsection (c).
(2) The local stakeholder organization shall be established in
consultation with interested elected officials of local governments in
the vicinity of the closure site concerned.
(b) Composition.--A local stakeholder organization for a Department
of Energy 2006 closure site under subsection (a) shall be composed of
such elected officials of local governments in the vicinity of the
closure site concerned as the Secretary considers appropriate to carry
out the responsibilities set forth in subsection (c) who agree to serve
on the organization, or the designees of such officials.
(c) Responsibilities.--A local stakeholder organization for a
Department of Energy 2006 closure site under subsection (a) shall--
[[Page 118 STAT. 2165]]
(1) solicit and encourage public participation in
appropriate activities relating to the closure and post-closure
operations of the site;
(2) disseminate information on the closure and post-closure
operations of the site to the State government of the State in
which the site is located, local and tribal governments in the
vicinity of the site, and persons and entities having a stake in
the closure or post-closure operations of the site;
(3) transmit to appropriate officers and employees of the
Department of Energy questions and concerns of governments,
persons, and entities referred to paragraph (2) on the closure
and post-closure operations of the site; and
(4) perform such other duties as the Secretary and the local
stakeholder organization jointly determine appropriate to assist
the Secretary in meeting post-closure obligations of the
Department at the site.
(d) Deadline for Establishment.--The local stakeholder organization
for a Department of Energy 2006 closure site shall be established not
later than six months before the closure of the site.
(e) Department of Energy 2006 Closure Site Defined.--In this
section, the term ``Department of Energy 2006 closure site'' means the
following:
(1) The Rocky Flats Environmental Technology Site, Colorado.
(2) The Fernald Plant, Ohio.
(3) The Mound Plant, Ohio.
SEC. 3119. REPORT TO CONGRESS ON ADVANCED NUCLEAR WEAPONS CONCEPTS
INITIATIVE.
(a) Report Required.--Not later than March 1, 2005, the
Administrator for Nuclear Security shall submit to the congressional
defense committees a detailed report on the planned activities for
studies under the Advanced Nuclear Weapons Concepts Initiative for
fiscal year 2005.
(b) Form of Report.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
Subtitle C--Proliferation Matters
SEC. 3131. <<NOTE: 50 USC 2568.>> MODIFICATION OF AUTHORITY TO USE
INTERNATIONAL NUCLEAR MATERIALS PROTECTION AND COOPERATION
PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.
(a) Applicability of Authority Limited to Projects Not Previously
Authorized.--Subsection (a) of section 3124 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1747) is amended by inserting ``that has not previously been authorized
by Congress'' after ``states of the former Soviet Union''.
(b) Repeal of Limitation on Total Amount of Obligation.--Such
section is further amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
[[Page 118 STAT. 2166]]
(c) Applicability Beyond Fiscal Year 2004.--Subsection (e) of such
section (as redesignated by subsection (b)) is amended by striking ``the
funds appropriated pursuant to the authorization of appropriations in
section 3101(a)(2) for such program'' and inserting ``the funds
appropriated pursuant to an authorization of appropriations for the
International Nuclear Materials Protection and Cooperation Program''.
SEC. 3132. <<NOTE: 50 USC 2569.>> ACCELERATION OF REMOVAL OR SECURITY OF
FISSILE MATERIALS, RADIOLOGICAL MATERIALS, AND RELATED
EQUIPMENT AT VULNERABLE SITES WORLDWIDE.
(a) Sense of Congress.--(1) It is the sense of Congress that the
security, including the rapid removal or secure storage, of high-risk,
proliferation-attractive fissile materials, radiological materials, and
related equipment at vulnerable sites worldwide should be a top priority
among the activities to achieve the national security of the United
States.
(2) It is the sense of Congress that the President may establish in
the Department of Energy a task force to be known as the Task Force on
Nuclear Materials to carry out the program authorized by subsection (b).
(b) Program Authorized.--The Secretary of Energy may carry out a
program to undertake an accelerated, comprehensive worldwide effort to
mitigate the threats posed by high-risk, proliferation-attractive
fissile materials, radiological materials, and related equipment located
at sites potentially vulnerable to theft or diversion.
(c) Program Elements.--(1) Activities under the program under
subsection (b) may include the following:
(A) Accelerated efforts to secure, remove, or eliminate
proliferation-attractive fissile materials or radiological
materials in research reactors, other reactors, and other
facilities worldwide.
(B) Arrangements for the secure shipment of proliferation-
attractive fissile materials, radiological materials, and
related equipment to other countries willing to accept such
materials and equipment, or to the United States if such
countries cannot be identified, and the provision of secure
storage or disposition of such materials and equipment following
shipment.
(C) The transportation of proliferation-attractive fissile
materials, radiological materials, and related equipment from
sites identified as proliferation risks to secure facilities in
other countries or in the United States.
(D) The processing and packaging of proliferation-attractive
fissile materials, radiological materials, and related equipment
in accordance with required standards for transport, storage,
and disposition.
(E) The provision of interim security upgrades for
vulnerable, proliferation-attractive fissile materials,
radiological materials, and related equipment pending their
removal from their current sites.
(F) The utilization of funds to upgrade security and
accounting at sites where proliferation-attractive fissile
materials or radiological materials will remain for an extended
period of time in order to ensure that such materials are secure
against plausible potential threats and will remain so in the
future.
[[Page 118 STAT. 2167]]
(G) The management of proliferation-attractive fissile
materials, radiological materials, and related equipment at
secure facilities.
(H) Actions to ensure that security, including security
upgrades at sites and facilities for the storage or disposition
of proliferation-attractive fissile materials, radiological
materials, and related equipment, continues to function as
intended.
(I) The provision of technical support to the International
Atomic Energy Agency (IAEA), other countries, and other entities
to facilitate removal of, and security upgrades to facilities
that contain, proliferation-attractive fissile materials,
radiological materials, and related equipment worldwide.
(J) The development of alternative fuels and irradiation
targets based on low-enriched uranium to convert research or
other reactors fueled by highly-enriched uranium to such
alternative fuels, as well as the conversion of reactors and
irradiation targets employing highly-enriched uranium to
employment of such alternative fuels and targets.
(K) Accelerated actions for the blend down of highly-
enriched uranium to low-enriched uranium.
(L) The provision of assistance in the closure and
decommissioning of sites identified as presenting risks of
proliferation of proliferation-attractive fissile materials,
radiological materials, and related equipment.
(M) Programs to--
(i) assist in the placement of employees displaced
as a result of actions pursuant to the program in
enterprises not representing a proliferation threat; and
(ii) convert sites identified as presenting risks of
proliferation regarding proliferation-attractive fissile
materials, radiological materials, and related equipment
to purposes not representing a proliferation threat to
the extent necessary to eliminate the proliferation
threat.
(2) The Secretary of Energy shall, in coordination with the
Secretary of State, carry out the program in consultation with, and with
the assistance of, appropriate departments, agencies, and other entities
of the United States Government.
(3) The Secretary of Energy shall, with the concurrence of the
Secretary of State, carry out activities under the program in
collaboration with such foreign governments, non-governmental
organizations, and other international entities as the Secretary of
Energy considers appropriate for the program.
(d) Reports.--(1) Not later than March 15, 2005, the Secretary of
Energy shall submit to Congress a classified interim report on the
program under subsection (b).
(2) Not later than January 1, 2006, the Secretary shall submit to
Congress a classified final report on the program under subsection (b)
that includes the following:
(A) A survey by the Secretary of the facilities and sites
worldwide that contain proliferation-attractive fissile
materials, radiological materials, or related equipment.
(B) A list of sites determined by the Secretary to be of the
highest priority, taking into account risk of theft from such
sites, for removal or security of proliferation-attractive
fissile materials, radiological materials, or related equipment,
organized by level of priority.
[[Page 118 STAT. 2168]]
(C) A plan, including activities under the program under
this section, for the removal, security, or both of
proliferation-attractive fissile materials, radiological
materials, or related equipment at vulnerable facilities and
sites worldwide, including measurable milestones, metrics, and
estimated costs for the implementation of the plan.
(3) A summary of each report under this subsection shall also be
submitted to Congress in unclassified form.
(e) Funding.--Amounts authorized to be appropriated to the Secretary
of Energy for defense nuclear nonproliferation activities shall be
available for purposes of the program under this section.
(f) Definitions.--In this section:
(1) The term ``fissile materials'' means plutonium, highly-
enriched uranium, or other material capable of sustaining an
explosive nuclear chain reaction, including irradiated items
containing such materials if the radiation field from such items
is not sufficient to prevent the theft or misuse of such items.
(2) The term ``radiological materials'' includes Americium-
241, Californium-252, Cesium-137, Cobalt-60, Iridium-192,
Plutonium-238, Radium-226, Strontium-90, Curium-244, and
irradiated items containing such materials, or other materials
designated by the Secretary of Energy for purposes of this
paragraph.
(3) The term ``related equipment'' includes equipment useful
for enrichment of uranium in the isotope 235 and for extraction
of fissile materials from irradiated fuel rods and other
equipment designated by the Secretary of Energy for purposes of
this section.
(4) The term ``highly-enriched uranium'' means uranium
enriched to or above 20 percent in the isotope 235.
(5) The term ``low-enriched uranium'' means uranium enriched
below 20 percent in the isotope 235.
(6) The term ``proliferation-attractive'', in the case of
fissile materials and radiological materials, means quantities
and types of such materials that are determined by the Secretary
of Energy to present a significant risk to the national security
of the United States if diverted to a use relating to
proliferation.
SEC. 3133. <<NOTE: 50 USC 2570.>> SILK ROAD INITIATIVE.
(a) Program Authorized.--(1) The Secretary of Energy may carry out a
program, to be known as the Silk Road Initiative, to promote non-
weapons-related employment opportunities for scientists, engineers, and
technicians formerly engaged in activities to develop and produce
weapons of mass destruction in Silk Road nations. The program should--
(A) incorporate best practices under the Initiatives for
Proliferation Prevention program; and
(B) facilitate commercial partnerships between private
entities in the United States and scientists, engineers, and
technicians in the Silk Road nations.
(2) Before implementing the program with respect to multiple Silk
Road nations, the Secretary of Energy shall carry out a pilot program
with respect to one Silk Road nation selected by the Secretary. It is
the sense of Congress that the Secretary should select the Republic of
Georgia.
(b) Silk Road Nations Defined.--In this section, the Silk Road
nations are Armenia, Azerbaijan, the Republic of Georgia,
[[Page 118 STAT. 2169]]
Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
(c) Funding.--Of the funds authorized to be appropriated to the
Department of Energy for nonproliferation and international security for
fiscal year 2005, up to $10,000,000 may be used to carry out this
section.
SEC. 3134. <<NOTE: 50 USC 2571.>> NUCLEAR NONPROLIFERATION FELLOWSHIPS
FOR SCIENTISTS EMPLOYED BY UNITED STATES AND RUSSIAN
FEDERATION.
(a) In General.--(1) From amounts made available to carry out this
section, the Administrator for Nuclear Security may carry out a program
under which the Administrator awards, to scientists employed at
nonproliferation research laboratories of the Russian Federation and the
United States, international exchange fellowships, to be known as
Nuclear Nonproliferation Fellowships, in the nuclear nonproliferation
sciences.
(2) The purpose of the program shall be to provide opportunities for
advancement in the nuclear nonproliferation sciences to scientists who,
as demonstrated by their academic or professional achievements, show
particular promise of making significant contributions in those
sciences.
(3) A fellowship awarded to a scientist under the program shall be
for collaborative study and training or advanced research at--
(A) a nonproliferation research laboratory of the Russian
Federation, in the case of a scientist employed at a
nonproliferation research laboratory of the United States; and
(B) a nonproliferation research laboratory of the United
States, in the case of a scientist employed at a
nonproliferation research laboratory of the Russian Federation.
(4) The duration of a fellowship under the program may not exceed
two years, except that the Administrator may provide for a longer
duration in an individual case to the extent warranted by extraordinary
circumstances, as determined by the Administrator.
(5) In a calendar year, the Administrator may not award more than--
(A) one fellowship to a scientist employed at a
nonproliferation research laboratory of the Russian Federation;
and
(B) one fellowship to a scientist employed at a
nonproliferation research laboratory of the United States.
(6) A fellowship under the program shall include--
(A) travel expenses; and
(B) any other expenses that the Administrator considers
appropriate, such as room and board.
(b) Definitions.--In this section:
(1) The term ``nonproliferation research laboratory'' means,
with respect to a country, a national laboratory of that country
at which research in the nuclear nonproliferation sciences is
carried out.
(2) The term ``nuclear nonproliferation sciences'' means
bodies of scientific knowledge relevant to developing or
advancing the means to prevent or impede the proliferation of
nuclear weaponry.
(3) The term ``scientist'' means an individual who has a
degree from an institution of higher education in a science
[[Page 118 STAT. 2170]]
that has practical application in the nuclear nonproliferation
sciences.
(c) Funding.--Amounts available to the Department of Energy for
defense nuclear nonproliferation activities shall be available for the
fellowships authorized by subsection (a).
SEC. 3135. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE ELIMINATION
OF WEAPONS GRADE PLUTONIUM PRODUCTION PROGRAM.
Section 3151 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2736; 22 U.S.C. 5952
note) is amended by adding at the end the following new subsection:
``(e) International Participation in Program.--(1) In order to
achieve international participation in the program referred to in
subsection (a), the Secretary of Energy may, in consultation with the
Secretary of State, enter into one or more agreements with any person,
foreign government, or other international organization that the
Secretary considers appropriate for the contribution of funds by such
person, government, or organization for purposes of the program.
``(2) Notwithstanding section 3302 of title 31, United States Code,
and subject to paragraphs (3) and (4), the Secretary may retain and
utilize any amounts contributed by a person, government, or organization
under an agreement under paragraph (1) for purposes of the program
without further appropriation and without fiscal year limitation.
``(3) The Secretary may not utilize under paragraph (2) any amount
contributed under an agreement under paragraph (1) until 30 days after
the date on which the Secretary notifies the congressional defense
committees of the intent to utilize such amount, including the source of
such amount and the proposed purpose for which such amount will be
utilized.
``(4) If any amount contributed under paragraph (1) has not been
utilized within five years of receipt under that paragraph, the
Secretary shall return such amount to the person, government, or
organization contributing such amount under that paragraph.
``(5) <<NOTE: Deadline. Notice.>> Not later than 30 days after the
receipt of any amount contributed under paragraph (1), the Secretary
shall submit to the congressional defense committees a notice of the
receipt of such amount.
``(6) <<NOTE: Deadline. Reports.>> Not later than October 31 each
year, the Secretary shall submit to the congressional defense committees
a report on the receipt and utilization of amounts under this subsection
during the preceding fiscal year. Each report for a fiscal year shall
set forth--
``(A) a statement of any amounts received under this
subsection, including the source of each such amount; and
``(B) a statement of any amounts utilized under this
subsection, including the purpose for which such amounts were
utilized.
``(7) <<NOTE: Expiration date.>> The authority of the Secretary to
accept and utilize amounts under this subsection shall expire on
December 31, 2011.''.
[[Page 118 STAT. 2171]]
Subtitle D--Other Matters
SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS.
Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)(1)(A)) is amended by striking ``until December 31, 2004'' and
inserting ``until December 31, 2006''.
SEC. 3142. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR CERTAIN
WORKERS AT 2006 CLOSURE SITES AFTER CLOSURE OF SITES.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Assistant Secretary of Energy for
Environmental Management shall submit to the Secretary of Energy a
report on the maintenance of retirement benefits for workers at
Department of Energy 2006 closure sites after closure of such sites.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) The number of workers at Department of Energy 2006
closure sites who would be eligible for regular or early
retirement benefits if such sites close on or after their target
completion dates, but who would not be eligible for regular or
early retirement benefits if such sites close before their
target completion dates (by calendar quarter).
(2) The cost of providing regular or full retirement
benefits, after the closure of Department of Energy 2006 closure
sites, to workers at such sites who would fail to qualify for
regular or early retirement benefits because of the early
closure of such sites (by calendar quarter).
(3) The impact on collective-bargaining agreements and any
applicable retirement benefit plan documents covering workers at
Department of Energy 2006 closure sites of providing regular or
early retirement benefits as set forth herein.
(c) Transmittal to Congress.--Not later than 30 days after receiving
the report under subsection (a), the Secretary shall transmit the report
to Congress, together with such recommendations, including
recommendations for legislative action, as the Secretary considers
appropriate.
(d) Definitions.--In this section:
(1) The term ``Department of Energy 2006 closure site''
means the following:
(A) The Rocky Flats Environmental Technology Site,
Colorado.
(B) The Fernald Plant, Ohio.
(C) The Mound Plant, Ohio.
(2) The term ``worker'' means any employee who is employed
by contract or first or second tier subcontract to perform
cleanup, security, or administrative duties or responsibilities
at a Department of Energy 2006 closure site.
(3) The term ``retirement benefits'' means pension, health,
and other similar post-retirement benefits.
(4) The term ``target completion date'', with respect to a
Department of Energy 2006 closure site, means the physical
completion date specified in the site contracts.
[[Page 118 STAT. 2172]]
SEC. 3143. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY ADMINISTRATION
TO UNDERSTAND PLUTONIUM AGING.
(a) Study.--(1) The Administrator for Nuclear Security shall enter
into a contract with a Federally Funded Research and Development Center
(FFRDC) providing for a study to assess the efforts of the National
Nuclear Security Administration to understand the aging of plutonium in
nuclear weapons.
(2) The Administrator shall make available to the FFRDC contractor
under this subsection all information that is necessary for the
contractor to successfully complete a meaningful study on a timely
basis.
(b) Report Required.--(1) Not later than two years after the date of
the enactment of this Act, the Administrator shall submit to Congress a
report on the findings of the study required by subsection (a)(1).
(2) The report shall include the recommendations of the study for
improving the knowledge, understanding, and application of the
fundamental and applied sciences related to the study of plutonium
aging.
(3) The report shall be submitted in unclassified form, but may
include a classified annex.
SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS
NATIONAL LABORATORY, NEW MEXICO.
The Secretary of Energy shall require that the primary management
and operations contract for Los Alamos National Laboratory, New Mexico,
that involves Laboratory operations after September 30, 2005, shall
contain terms requiring the contractor under such contract to provide
support to the Los Alamos Public School District, New Mexico, for the
elementary and secondary education of students in the school district in
the amount of $8,000,000 in each fiscal year.
SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, NEW MEXICO, PURSUANT
TO COMPETITIVE CONTRACT.
(a) Contract Requirement.--The Secretary of Energy shall use
competitive procedures to enter into a contract to conduct independent
reviews and evaluations of the design, construction, and operations of
the Waste Isolation Pilot Plant in New Mexico (in this section referred
to as the ``WIPP'') as they relate to the protection of the public
health and safety and the environment. The contract shall be for a
period of one year, beginning on October 1, 2004, and shall be renewable
for four additional one-year periods with the consent of the contractor
and subject to the authorization and appropriation of funds for such
purpose.
(b) Content of Contract.--A contract entered into under subsection
(a) shall require the following:
(1) The contractor shall appoint a Director and Deputy
Director, who shall be scientists of national eminence in the
field of nuclear waste disposal, shall be free from any biases
related to the activities of the WIPP, and shall be widely known
for their integrity and scientific expertise.
(2) The Director shall appoint staff. The professional staff
shall consist of scientists and engineers of recognized
integrity and scientific expertise who represent scientific and
engineering disciplines needed for a thorough review of the
WIPP, including
[[Page 118 STAT. 2173]]
disciplines such as geology, hydrology, health physics,
environmental engineering, probability risk analysis, mining
engineering, and radiation chemistry. The disciplines
represented in the staff shall change as may be necessary to
meet changed needs in carrying out the contract for expertise in
any certain scientific or engineering discipline. Scientists and
engineers employed under the contract shall have qualifications
and experience equivalent to the qualifications and experience
required for scientists and engineers employed by the Federal
Government in grades GS-13 through GS-15.
(3) Scientists and engineers employed under the contract
shall have an appropriate support staff.
(4) The Director and Deputy Director shall each be appointed
for a term of 5 years, subject to contract renewal, and may be
removed only for misconduct or incompetence. The staff shall be
appointed for such terms as the Director considers appropriate.
(5) The rates of pay of professional staff and the
procedures for increasing the rates of pay of professional staff
shall be equivalent to those rates and procedures provided for
the General Schedule pay system under chapter 53 of title 5,
United States Code.
(6) The results of reviews and evaluations carried out under
the contract shall be published.
(c) Administration.--The contractor shall establish general policies
and guidelines to be used by the Director in carrying out the work under
the contract.
SEC. 3146. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY
DEPARTMENT OF ENERGY OF CERTAIN RADIOACTIVE WASTE STREAMS.
(a) Study Required.--The Secretary of Energy shall, as soon as
practicable, enter into an arrangement with the National Research
Council of the National Academy of Sciences to carry out a study of the
plans of the Department of Energy to manage those waste streams
specified in subsection (b) that--
(1) exceed the concentration limits for Class C low-level
waste as set out in section 61.55 of title 10, Code of Federal
Regulations; and
(2) the Department plans to dispose of on the sites
specified in subsection (b)(3) rather than in a repository for
spent nuclear fuel and high-level waste.
(b) Covered Waste Streams.--The waste streams referred to in
subsection (a) are the streams of waste, from reprocessed spent nuclear
fuel, that--
(1) exceed the concentration limits for Class C low-level
waste as set out in section 61.55 of title 10, Code of Federal
Regulations;
(2) the Department does not plan for disposal in a
repository for spent nuclear fuel and high-level waste; and
(3) are stored in tanks at the following sites:
(A) The Savannah River Site, South Carolina.
(B) The Idaho National Engineering Laboratory,
Idaho.
(C) The Hanford Reservation, Washington.
(c) Matters Included.--The study required by subsection (a) shall
evaluate--
[[Page 118 STAT. 2174]]
(1) the state of the Department's understanding of the
physical, chemical, and radiological characteristics of the
waste referred to in subsection (b), including an assessment of
data uncertainties;
(2) any actions additional to those contained in current
plans that the Department should consider to ensure that the
plans referred to in subsection (a) will comply with the
performance objectives of part 61 of title 10, Code of Federal
Regulations;
(3) the adequacy of the Department's plans for monitoring
disposal sites and the surrounding environment to verify
compliance with those performance objectives;
(4) existing technology alternatives to the plans referred
to in subsection (a) and, for each such alternative, an
assessment of the cost, consequences for worker safety, and
long-term consequences for environmental and human health;
(5) any technology gaps that exist to effect improved
efficiency in removal and treatment of waste from the tanks
referred to in subsection (b)(3); and
(6) any other matters that the National Research Council
considers appropriate and directly related to the subject matter
of the study.
(d) Recommendations.--In carrying out the study required by
subsection (a), the National Research Council may develop
recommendations it considers appropriate and directly related to the
subject matter of the study. It is the sense of Congress that the
National Research Council should develop recommendations on--
(1) improvements to the scientific and technical basis for
managing the waste covered by the study, including the
identification of technology alternatives and mitigation of
technology gaps; and
(2) the best means of monitoring any on-site disposal sites
from the waste streams referred to in subsection (b), to include
soil, groundwater, and surface water monitoring.
(e) Reports.--(1) The National Research Council shall submit to the
Secretary of Energy and the congressional committees described in
paragraph (2)--
(A) not later than six months after entering into the
arrangement required by subsection (a), an interim report on the
study that, with respect to the requirements of subsection
(c)(2), specifically addresses any additional actions the
Department should consider to ensure that the Department's plans
for the Savannah River Site, including plans for grouting of
tanks, will comply with the performance objectives referred to
in that subsection in a more effective manner; and
(B) not later than one year after entering into the
arrangement required by subsection (a), a final report on the
study that includes all findings, conclusions, and
recommendations.
(2) The congressional committees referred to in paragraph (1) are as
follows:
(A) The Committee on Appropriations, Committee on Armed
Services, and Committee on Energy and Commerce of the House of
Representatives.
(B) The Committee on Appropriations, Committee on Armed
Services, Committee on Energy and Natural Resources, and
Committee on Environment and Public Works of the Senate.
[[Page 118 STAT. 2175]]
(f) Provision of Information.--The Secretary of Energy shall, in a
timely manner, make available to the National Research Council all
information that the National Research Council considers necessary to
carry out its responsibilities under this section.
(g) Rule of Construction.--This section shall not be construed to
affect section 3116.
(h) Funding.--Of the amounts made available to the Department of
Energy pursuant to the authorization of appropriations in section 3102,
$1,500,000 shall be available only for carrying out the study required
by this section.
SEC. 3147. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO, HOMESTEADERS
FOR ACQUISITION OF LANDS FOR MANHATTAN PROJECT IN WORLD WAR
II.
(a) Establishment of Compensation Fund.--There is established in the
Treasury of the United States a fund to be known as the Pajarito Plateau
Homesteaders Compensation Fund (in this section referred to as the
``Fund''). The Fund shall be dedicated to the settlement of the two
lawsuits in the United States District Court for the District of New
Mexico consolidated as Civ. No. 00-60.
(b) Elements of Fund.--The Fund shall consist of the following:
(1) Amounts available for deposit in the Fund under
subsection (j).
(2) Interest earned on amounts in the Fund under subsection
(g).
(c) Use of Fund.--The Fund shall be available for the settlement of
the consolidated lawsuits in accordance with the following requirements:
(1) The settlement shall be subject to preliminary and final
approval by the Court in accordance with rule 23(e) of the
Federal Rules of Civil Procedure.
(2) The Court shall appoint a special master in accordance
with rule 53 of the Federal Rules of Civil Procedure to--
(A) identify class members;
(B) receive claims from class members so identified;
(C) determine in accordance with subsection (d)
eligible claimants from among class members so
identified;
(D) resolve contests, if any, among claimants with
respect to a particular eligible tract, regarding the
disbursement of monies in the Fund with respect to that
eligible tract; and
(E) address such other matters as the Court may
order.
(3) Lead counsel for claimants shall provide evidence to the
special master to assist the special master in the duties set
forth in paragraph (2).
(4) If more than 10 percent of the class members object to
the settlement, or the Court fails to approve the settlement--
(A) the Fund shall not serve as the basis for the
settlement of the consolidated lawsuits and the
provisions of this section shall have no further force
or effect; and
(B) amounts in the Fund shall not be disbursed, but
shall be retained in the Treasury as miscellaneous
receipts.
(5) The Court may award compensation for the special master
and attorney fees and expenses from the Fund pursuant to rule 23
of the Federal Rules of Civil Procedure, except
[[Page 118 STAT. 2176]]
that the award of attorney fees may not exceed 20 percent of the
Fund and the award of expenses may not exceed 2 percent of the
Fund. Any compensation and attorney fees and expenses so paid
shall be paid from the Fund by the Court before distribution of
the amount in the Fund to eligible claimants entitled thereto.
(6) The Fund shall be available to pay settlement awards in
accordance with the following:
(A) The balance of the amount of the Fund that is
available for disbursement after any award of attorney
fees and expenses under paragraph (5) shall be allocated
proportionally by eligible tract according to its
acreage as compared with all eligible tracts.
(B) The allocation for each eligible tract shall be
allocated pro rata among all eligible claimants having
an interest in such eligible tract according to the
extent of their interest in such eligible tract, as
determined under the laws of the State of New Mexico.
(7) The special master shall disburse the allocated amounts
from the Fund after approval by the Court.
(8) Any amounts available for disbursement with respect to
an eligible tract that are not awarded to eligible claimants
with respect to that tract shall be retained in the Treasury as
miscellaneous receipts.
(d) Eligible Claimants.--(1) For purposes of this section, an
eligible claimant is any class member determined by the Court, by a
preponderance of evidence, to be a person or entity who held a fee
simple ownership in an eligible tract at the time of its acquisition by
the United States during World War II for use in the Manhattan Project,
or the heir, successor in interest, assignee, or beneficiary of such a
person or entity.
(2) The status of a person or entity as an heir, successor in
interest, assignee, or beneficiary for purposes of this subsection shall
be determined under the laws of the State of New Mexico, including the
descent and distribution law of the State of New Mexico.
(e) Full Resolution of Claims Against United States.--(1) The
acceptance of a disbursement from the Fund by an eligible claimant under
this section shall constitute a final and complete release of the
defendants in the consolidated lawsuits with respect to such eligible
claimant, and shall be in full satisfaction of any and all claims of
such eligible claimant against the United States arising out of acts
described in the consolidated lawsuits.
(2) Upon the disbursement of the amount in the Fund to eligible
claimants entitled thereto under this section, the Court shall, subject
to the provisions of rule 23(e) of the Federal Rules of Civil Procedure,
enter a final judgment dismissing with prejudice the consolidated
lawsuits and all claims and potential claims on matters covered by the
consolidated lawsuits.
(f) Compensation Limited to Amounts in Fund.--(1) An eligible
claimant may be paid under this section only from amounts in the Fund.
(2) Nothing in this section shall authorize the payment to a class
member by the United States Government of any amount authorized by this
section from any source other than the Fund.
(g) Investment of Fund.--(1) The Secretary of the Treasury shall, in
accordance with the requirements of section 9702 of title
[[Page 118 STAT. 2177]]
31, United States Code, and the provisions of this subsection, direct
the form and manner by which the Fund shall be safeguarded and invested
so as to maximize its safety while earning a return comparable to other
common funds in which the United States Treasury is the source of
payment.
(2) Interest on the amount deposited in the Fund shall accrue from
the date of the enactment of the Act appropriating amounts for deposit
in the Fund until the date on which the Secretary of the Treasury
disburses the amount in the Fund to eligible claimants who are entitled
thereto under subsection (c).
(h) Preservation of Records.--(1)
All <<NOTE: Archivist.>> documents, personal testimony, and other
records created or received by the Court in the consolidated lawsuits
shall be kept and maintained by the Archivist of the United States, who
shall preserve such documents, testimony, and records in the National
Archives of the United States.
(2) The Archivist shall make available to the public the materials
kept and maintained under paragraph (1).
(i) Definitions.--In this section:
(1) The term ``Court'' means the United States District
Court for the District of New Mexico having jurisdiction over
the consolidated lawsuits.
(2) The term ``consolidated lawsuits'' means the two
lawsuits in the United States District Court for the District of
New Mexico consolidated as Civ. No. 00-60.
(3)(A) The term ``eligible tract'' means private real
property located on the Pajarito Plateau of what is now Los
Alamos County, New Mexico, that was acquired by the United
States during World War II for use in the Manhattan Project and
which is the subject of the consolidated lawsuits.
(B) The term does not include lands of the Los Alamos Ranch
School and of the A.M. Ross Estate (doing business as Anchor
Ranch).
(4) The term ``class member'' means the following:
(A) Any person or entity who claims to have held a
fee simple ownership in an eligible tract at the time of
its acquisition by the United States during World War II
for use in the Manhattan Project.
(B) Any person or entity claiming to be the heir,
successor in interest, assignee, or beneficiary of a
person or entity who held a fee simple ownership in an
eligible tract at the time of its acquisition by the
United States during World War II for use in the
Manhattan Project.
(j) Funding.--Of the amount authorized to be appropriated by section
3101(a)(4) for the National Nuclear Security Administration for the
Office of the Administrator for Nuclear Security, $10,000,000 shall be
available for deposit in the Fund under subsection (b)(1).
SEC. 3148. MODIFICATION OF REQUIREMENTS RELATING TO CONVEYANCES AND
TRANSFER OF CERTAIN LAND AT LOS ALAMOS NATIONAL LABORATORY,
NEW MEXICO.
Section 632(a) of Public Law 105-119 (111 Stat. 2523; 42 U.S.C. 2391
note) is amended--
(1) in paragraph (1)--
(A) by inserting ``except as provided in paragraph
(2),'' before ``convey''; and
[[Page 118 STAT. 2178]]
(B) by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) notwithstanding paragraph (1) and the agreement under
subsection (e), convey, without consideration, to the Board of
Education of the Los Alamos Public Schools, New Mexico, within
the County, fee title to the parcels of land identified by the
Department of Energy as Parcel A-8 and Parcel A-15-1 that are
currently located in Technical Area-21 of Los Alamos National
Laboratory upon the entry of Los Alamos Public Schools and the
County into an agreement for the use of the parcel of land
identified as Parcel A-8; and''.
Subtitle E--Energy Employees Occupational Illness Compensation Program
SEC. 3161. CONTRACTOR EMPLOYEE COMPENSATION.
The Energy Employees Occupational Illness Compensation Program Act
of 2000 (title XXXVI of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398)) is amended by adding after subtitle D (42 U.S.C. 7385o)
the following new title:
``Subtitle E--Contractor Employee Compensation
``SEC. 3671. <<NOTE: 42 USC 7385s.>> DEFINITIONS.
``In this subtitle:
``(1) The term `covered DOE contractor employee' means any
Department of Energy contractor employee determined under
section 3675 to have contracted a covered illness through
exposure at a Department of Energy facility.
``(2) The term `covered illness' means an illness or death
resulting from exposure to a toxic substance.
``(3) The term `Secretary' means the Secretary of Labor.
``SEC. 3672. <<NOTE: 42 USC 7385s-1.>> COMPENSATION TO BE PROVIDED.
``Subject to the other provisions of this subtitle:
``(1) Contractor employees.--A covered DOE contractor
employee shall receive contractor employee compensation under
this subtitle in accordance with section 3673.
``(2) Survivors.--After the death of a covered DOE
contractor employee, compensation referred to in paragraph (1)
shall not be paid. Instead, the survivor of that employee shall
receive compensation as follows:
``(A) Except as provided in subparagraph (B), the
survivor of that employee shall receive contractor
employee compensation under this subtitle in accordance
with section 3674.
``(B) In a case in which the employee's death
occurred after the employee applied under this subtitle
and before compensation was paid under paragraph (1),
and the employee's death occurred from a cause other
than the
[[Page 118 STAT. 2179]]
covered illness of the employee, the survivor of that
employee may elect to receive, in lieu of compensation
under subparagraph (A), the amount of contractor
employee compensation that the employee would have
received in accordance with section 3673 if the
employee's death had not occurred before compensation
was paid under paragraph (1).
``SEC. 3673. <<NOTE: 42 USC 7385s-2.>> COMPENSATION SCHEDULE FOR
CONTRACTOR EMPLOYEES.
``(a) Compensation Provided.--The amount of contractor employee
compensation under this subtitle for a covered DOE contractor employee
shall be the sum of the amounts determined under paragraphs (1) and (2),
as follows:
``(1) Impairment.--(A) The Secretary shall determine--
``(i) the minimum impairment rating of that
employee, expressed as a number of percentage points;
and
``(ii) the number of those points that are the
result of any covered illness contracted by that
employee through exposure to a toxic substance at a
Department of Energy facility.
``(B) The employee shall receive an amount under this
paragraph equal to $2,500 multiplied by the number referred to
in clause (ii) of subparagraph (A).
``(2) Wage loss.--(A) The Secretary shall determine--
``(i) the calendar month during which the employee
first experienced wage loss as the result of any covered
illness contracted by that employee through exposure to
a toxic substance at a Department of Energy facility;
``(ii) the average annual wage of the employee for
the 36-month period immediately preceding the calendar
month referred to in clause (i), excluding any portions
of that period during which the employee was unemployed;
and
``(iii) beginning with the calendar year that
includes the calendar month referred to in clause (i),
through and including the calendar year during which the
employee attained normal retirement age (for purposes of
the Social Security Act)--
``(I) the number of calendar years during
which, as the result of any covered illness
contracted by that employee through exposure to a
toxic substance at a Department of Energy
facility, the employee's annual wage exceeded 50
percent of the average annual wage determined
under clause (ii), but did not exceed 75 percent
of the average annual wage determined under clause
(ii); and
``(II) the number of calendar years during
which, as the result of any covered illness
contracted by that employee through exposure to a
toxic substance at a Department of Energy
facility, the employee's annual wage did not
exceed 50 percent of the average annual wage
determined under clause (ii).
``(B) The employee shall receive an amount under this
paragraph equal to the sum of--
``(i) $10,000 multiplied by the number referred to
in clause (iii)(I) of subparagraph (A); and
[[Page 118 STAT. 2180]]
``(ii) $15,000 multiplied by the number referred to
in clause (iii)(II) of subparagraph (A).
``(b) Determination of Minimum Impairment Rating.--For purposes of
subsection (a), a minimum impairment rating shall be determined in
accordance with the American Medical Association's Guides to the
Evaluation of Permanent Impairment.
``SEC. 3674. <<NOTE: 42 USC 7385s-3.>> COMPENSATION SCHEDULE FOR
SURVIVORS.
``(a) Categories of Compensation.--The amount of contractor employee
compensation under this subtitle for the survivor of a covered DOE
contractor employee shall be determined as follows:
``(1) Category one.--The survivor shall receive the amount
of $125,000, if the Secretary determines that--
``(A) the employee would have been entitled to
compensation under section 3675 for a covered illness;
and
``(B) it is at least as likely as not that exposure
to a toxic substance at a Department of Energy facility
was a significant factor in aggravating, contributing
to, or causing the death of such employee.
``(2) Category two.--The survivor shall receive the amount
of $150,000, if paragraph (1) applies to the employee and the
Secretary also determines that there was an aggregate period of
not less than 10 years, before the employee attained normal
retirement age (for purposes of the Social Security Act), during
which, as the result of any covered illness contracted by that
employee through exposure to a toxic substance at a Department
of Energy facility, the employee's annual wage did not exceed 50
percent of the average annual wage of that employee, as
determined under section 3673(a)(2)(A)(ii).
``(3) Category three.--The survivor shall receive the amount
of $175,000, if paragraph (1) applies to the employee and the
Secretary also determines that there was an aggregate period of
not less than 20 years, before the employee attained normal
retirement age (for purposes of the Social Security Act), during
which, as the result of any covered illness contracted by that
employee through exposure to a toxic substance at a Department
of Energy facility, the employee's annual wage did not exceed 50
percent of the average annual wage of that employee, as
determined under section 3673(a)(2)(A)(ii).
``(b) One Amount Only.--The survivor of a covered DOE contractor
employee to whom more than one amount under subsection (a) applies shall
receive only the highest such amount.
``(c) Determination and Allocation of Shares.--The amount under
subsection (a) shall be paid only as follows:
``(1) If a covered spouse is alive at the time of payment,
such payment shall be made to such surviving spouse.
``(2) If there is no covered spouse described in paragraph
(1), such payment shall be made in equal shares to all covered
children who are alive at the time of payment.
``(3) Notwithstanding the other provisions of this
subsection, if there is--
``(A) a covered spouse described in paragraph (1);
and
``(B) at least one covered child of the employee who
is living at the time of payment and who is not a
recognized natural child or adopted child of such
covered spouse,
then half of such payment shall be made to such covered spouse,
and the other half of such payment shall be made
[[Page 118 STAT. 2181]]
in equal shares to each covered child of the employee who is
living at the time of payment.
``(d) Definitions.--In this section:
``(1) The term `covered spouse' means a spouse of the
employee who was married to the employee for at least one year
immediately before the employee's death.
``(2) The term `covered child' means a child of the employee
who, as of the employee's death--
``(A) had not attained the age of 18 years;
``(B) had not attained the age of 23 years and was a
full-time student who had been continuously enrolled as
a full-time student in one or more educational
institutions since attaining the age of 18 years; or
``(C) had been incapable of self-support.
``(3) The term `child' includes a recognized natural child,
a stepchild who lived with an individual in a regular parent-
child relationship, and an adopted child.
``SEC. 3675. <<NOTE: 42 USC 7385s-4.>> DETERMINATIONS REGARDING
CONTRACTION OF COVERED ILLNESSES.
``(a) Cases Determined Under Subtitle B.--A determination under
subtitle B that a Department of Energy contractor employee is entitled
to compensation under that subtitle for an occupational illness shall be
treated for purposes of this subtitle as a determination that the
employee contracted that illness through exposure at a Department of
Energy facility.
``(b) Cases Determined Under Former Subtitle D.--In the case of a
covered illness of an employee with respect to which a panel has made a
positive determination under section 3661(d) and the Secretary of Energy
has accepted that determination under section 3661(e)(2), or with
respect to which a panel has made a negative determination under section
3661(d) and the Secretary of Energy has found significant evidence to
the contrary under section 3661(e)(2), that determination shall be
treated for purposes of this subtitle as a determination that the
employee contracted the covered illness through exposure at a Department
of Energy facility.
``(c) Other Cases.--(1) In any other case, a Department of Energy
contractor employee shall be determined for purposes of this subtitle to
have contracted a covered illness through exposure at a Department of
Energy facility if--
``(A) it is at least as likely as not that exposure to a
toxic substance at a Department of Energy facility was a
significant factor in aggravating, contributing to, or causing
the illness; and
``(B) it is at least as likely as not that the exposure to
such toxic substance was related to employment at a Department
of Energy facility.
``(2) A determination under paragraph (1) shall be made by the
Secretary.
``(d) Applications by Spouses and Children.--If a spouse or child of
a Department of Energy contractor employee applies for benefits under
this subtitle, the Secretary shall make a determination under this
section with respect to that employee without regard to whether the
spouse is a `covered spouse', or the child is a `covered child', under
this subtitle.
[[Page 118 STAT. 2182]]
``SEC. 3676. <<NOTE: 42 USC 7385s-5.>> APPLICABILITY TO CERTAIN URANIUM
EMPLOYEES.
``(a) In General.--This subtitle shall apply to--
``(1) a section 5 payment recipient who contracted a section
5 illness through a section 5 exposure at a section 5 facility,
or
``(2) a section 5 uranium worker determined under section
3675(c) to have contracted a covered illness through exposure to
a toxic substance at a section 5 mine or mill,
(or to the survivor of that employee, as applicable) on the same basis
as it applies to a Department of Energy contractor employee determined
under section 3675 to have contracted a covered illness through exposure
to a toxic substance at a Department of Energy facility (or to the
survivor of that employee, as applicable).
``(b) Definitions.--In this section:
``(1) The term `section 5 payment recipient' means an
individual who receives, or has received, $100,000 under section
5 of the Radiation Exposure Compensation Act (42 U.S.C. 2210
note) for a claim made under that Act.
``(2) The terms `section 5 exposure', `section 5 facility',
and `section 5 illness' mean the exposure, facility, and
illness, respectively, to which an individual's status as a
section 5 payment recipient relates.
``(3) The term `section 5 uranium worker' means an
individual to whom subsection (a)(1)(A)(i) of section 5 of the
Radiation Exposure Compensation Act applies (whether directly or
by reason of subsection (a)(2)).
``(4) The term `section 5 mine or mill' means the mine or
mill to which an individual's status as a section 5 uranium
worker relates.
``SEC. 3677. <<NOTE: 42 USC 7385s-6.>> ADMINISTRATIVE AND JUDICIAL
REVIEW.
``(a) Judicial Review.--A person adversely affected or aggrieved by
a final decision of the Secretary under this subtitle may review that
order in the United States district court in the district in which the
injury was sustained, the employee lives, the survivor lives, or the
District of Columbia, by filing in such court within 60 days after the
date on which that final decision was issued a written petition praying
that such decision be modified or set aside. The person shall also
provide a copy of the petition to the Secretary. Upon such filing, the
court shall have jurisdiction over the proceeding and shall have the
power to affirm, modify, or set aside, in whole or in part, such
decision. The court may modify or set aside such decision only if the
court determines that such decision was arbitrary and capricious.
``(b) Administrative Review.--The Secretary shall ensure that
recommended decisions of the Secretary with respect to a claim under
this subtitle are subject to administrative review. The Secretary shall
prescribe regulations for carrying out such review or shall apply to
this subtitle the regulations applicable to recommended decisions under
subtitle B.
``SEC. 3678. <<NOTE: 42 USC 7385s-7.>> PHYSICIANS SERVICES.
``(a) In General.--The Secretary may utilize the services of
physicians for purposes of making determinations under this subtitle.
[[Page 118 STAT. 2183]]
``(b) Physicians.--Any physicians whose services are utilized under
subsection (a) of this section shall possess appropriate expertise and
experience in the evaluation and determination of the extent of
permanent physical impairments or in the evaluation and diagnosis of
illnesses or deaths aggravated, contributed to, or caused by exposure to
toxic substances.
``(c) Arrangement.--The Secretary may secure the services of
physicians utilized under subsection (a) of this section through the
appointment of physicians or by contract.
``SEC. 3679. <<NOTE: 42 USC 7385s-8.>> MEDICAL BENEFITS.
``A covered DOE contractor employee shall be furnished medical
benefits specified in section 3629 for the covered illness to the same
extent, and under the same conditions and limitations, as an individual
eligible for medical benefits under that section is furnished medical
benefits under that section.
``SEC. 3680. <<NOTE: 42 USC 7385s-9.>> ATTORNEY FEES.
``Section 3648 shall apply to a payment under this subtitle to the
same extent that it applies to a payment under subtitle B.
``SEC. 3681. <<NOTE: 42 USC 7385s-10.>> ADMINISTRATIVE MATTERS.
``(a) In General.--The Secretary shall administer this subtitle.
``(b) Contract Authority.--The Secretary may enter into contracts
with appropriate persons and entities to administer this subtitle.
``(c) Records.--(1)(A) The Secretary of Energy shall provide to the
Secretary all records, files, and other data, whether paper, electronic,
imaged, or otherwise, developed by the Secretary of Energy that are
applicable to the administration of this subtitle, including records,
files, and data on facility industrial hygiene, employment of
individuals or groups, exposure and medical records, and claims
applications.
``(B) In providing records, files, and other data under this
paragraph, the Secretary of Energy shall preserve the current
organization of such records, files, and other data, and shall provide
such description and indexing of such records, files, and other data as
the Secretary considers appropriate to facilitate their use by the
Secretary.
``(2) The Secretary of Energy and the Secretary shall jointly
undertake such actions as are appropriate to retrieve records applicable
to the claims of Department of Energy contractor employees for
contractor employee compensation under this subtitle, including
employment records, records of exposure to beryllium, radiation, silica,
or other toxic substances, and records regarding medical treatment.
``(d) Information.--At the request of the Secretary, the Secretary
of Energy and any contractor who employed a Department of Energy
contractor employee shall, within time periods specified by the
Secretary, provide to the Secretary and to the employee information or
documents in response to the request.
``(e) Regulations.--The <<NOTE: Deadline.>> Secretary shall
prescribe regulations necessary for the administration of this subtitle.
The initial regulations shall be prescribed not later than 210 days
after the date of the enactment of this subtitle. The Secretary may
prescribe interim final regulations necessary to meet the deadlines
specified in this subtitle.
[[Page 118 STAT. 2184]]
``(f) Transition Provisions.--(1) The Secretary shall commence the
administration of the provisions of this subtitle not later than 210
days after the date of the enactment of this subtitle.
``(2) Until the commencement of the administration of this subtitle,
the Department of Energy Physicians Panels appointed pursuant to
subtitle D shall continue to consider and issue determinations
concerning any cases pending before such Panels immediately before the
date of the enactment of this subtitle.
``(3) The Secretary shall take such actions as are appropriate to
identify other activities under subtitle D that will continue until the
commencement of the administration of subtitle E.
``(g) Previous Applications.--Upon the commencement of the
administration of this subtitle, any application previously filed with
the Secretary of Energy pursuant to subtitle D shall be considered to
have been filed with the Secretary as a claim for benefits pursuant to
this subtitle.
``SEC. 3682. <<NOTE: 42 USC 7385s-11.>> COORDINATION OF BENEFITS WITH
RESPECT TO STATE WORKERS COMPENSATION.
``(a) In General.--An individual who has been awarded compensation
under this subtitle, and who has also received benefits from a State
workers compensation system by reason of the same covered illness, shall
receive compensation specified in this subtitle reduced by the amount of
any workers compensation benefits, other than medical benefits and
benefits for vocational rehabilitation, that the individual has received
under the State workers compensation system by reason of the covered
illness, after deducting the reasonable costs, as determined by the
Secretary, of obtaining those benefits under the State workers
compensation system.
``(b) Waiver.--The Secretary may waive the provisions of subsection
(a) if the Secretary determines that the administrative costs and
burdens of implementing subsection (a) with respect to a particular case
or class of cases justifies such a waiver.
``(c) Information.--Notwithstanding any other provision of law, each
State workers compensation authority shall, upon request of the
Secretary, provide to the Secretary on a quarterly basis information
concerning workers compensation benefits received by any covered DOE
contractor employee entitled to compensation or benefits under this
subtitle, which shall include the name, Social Security number, and
nature and amount of workers compensation benefits for each such
employee for which the request was made.
``SEC. 3683. <<NOTE: 42 USC 7385s-12.>> MAXIMUM AGGREGATE COMPENSATION.
``For each individual whose illness or death serves as the basis for
compensation or benefits under this subtitle, the total amount of
compensation (other than medical benefits) paid under this subtitle, to
all persons, in the aggregate, on the basis of that illness or death
shall not exceed $250,000.
``SEC. 3684. <<NOTE: 42 USC 7385s-13.>> FUNDING OF ADMINISTRATIVE COSTS.
``There is authorized and hereby appropriated to the Secretary for
fiscal year 2005 and thereafter such sums as may be necessary to carry
out this subtitle.
[[Page 118 STAT. 2185]]
``SEC. 3685. <<NOTE: 42 USC 7385s-14.>> PAYMENT OF COMPENSATION AND
BENEFITS FROM COMPENSATION FUND.
``The compensation and benefits provided under this title, when
authorized or approved by the President, shall be paid from the
compensation fund established under section 3612.
``SEC. 3686. <<NOTE: 42 USC 7385s-15.>> OFFICE OF OMBUDSMAN.
``(a) Establishment.--There is established in the Department of
Labor an office to be known as the `Office of the Ombudsman' (in this
section referred to as the `Office').
``(b) Head.--The head of the Office shall be the Ombudsman. The
individual serving as Ombudsman shall be either of the following:
``(1) An officer or employee of the Department of Labor
designated by the Secretary for purposes of this section from
among officers and employees of the Department who have
experience and expertise necessary to carry out the duties of
the Office specified in subsection (c).
``(2) An individual employed by the Secretary from the
private sector from among individuals in the private sector who
have experience and expertise necessary to carry out the duties
of the Office specified in subsection (c).
``(c) Duties.--The duties of the Office shall be as follows:
``(1) To provide information on the benefits available under
this subtitle and on the requirements and procedures applicable
to the provision of such benefits.
``(2) To make recommendations to the Secretary regarding the
location of centers (to be known as `resource centers') for the
acceptance and development of claims for benefits under this
subtitle.
``(3) To carry out such other duties with respect to this
subtitle as the Secretary shall specify for purposes of this
section.
``(d) Independent Office.--The Secretary shall take appropriate
actions to ensure the independence of the Office within the Department
of Labor, including independence from other officers and employees of
the Department engaged in activities relating to the administration of
the provisions of this subtitle.
``(e) Annual Report.--(1) Not later than February 15 each year, the
Ombudsman shall submit to Congress a report on activities under this
subtitle.
``(2) Each report under paragraph (1) shall set forth the following:
``(A) The number and types of complaints, grievances, and
requests for assistance received by the Ombudsman under this
subtitle during the preceding year.
``(B) An assessment of the most common difficulties
encountered by claimants and potential claimants under this
subtitle during the preceding year.
``(3) The first report under paragraph (1) shall be the report
submitted in 2006.
``(f) Outreach.--The Secretary of Labor and the Secretary of Health
and Human Services shall each undertake outreach to advise the public of
the existence and duties of the Office.
``(g) Sunset.--Effective on the date that is 3 years after the date
of the enactment of this section, this section shall have no further
force or effect.''.
[[Page 118 STAT. 2186]]
SEC. 3162. CONFORMING AMENDMENTS.
(a) Offset for Certain Payments.--Section 3641 of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385) is amended--
(1) by striking ``subtitle B'' and inserting ``this title'';
and
(2) by striking ``on account of'' and all that follows
through the period at the end and inserting ``on account of the
exposure for which compensation is payable under this title.''.
(b) Subrogation of the United States.--Section 3642 of such Act (42
U.S.C. 7385a) is amended by striking ``subtitle B'' and inserting ``this
title''.
(c) Payment in Full Settlement of Claims.--Section 3643 of such Act
(42 U.S.C. 7385b) is amended by striking ``The acceptance'' and
inserting ``Except as provided in subtitle E, the acceptance''.
(d) Exclusivity of Remedy.--Section 3644 of such Act (42 U.S.C.
7385c(a)) is amended by adding at the end the following new subsection:
``(d) Applicability to Subtitle E.--This section applies with
respect to subtitle E to the covered medical condition or covered
illness or death of a covered DOE contractor employee on the same basis
as it applies with respect to subtitle B to the cancer (including a
specified cancer), chronic silicosis, covered beryllium illness, or
death of a covered employee.''.
(e) Certification of Treatment of Payments Under Other Laws.--
Section 3646 of such Act (42 U.S.C. 7385e) is amended by striking
``subtitle B'' and inserting ``this title''.
(f) Claims Not Assignable or Transferable.--Section 3647(a) of such
Act (42 U.S.C. 7385f(a)) is amended by striking ``subtitle B'' and
inserting ``this title''.
(g) Certain Claims Not Affected By Awards of Damages.--Section 3649
of such Act (42 U.S.C. 7385h) is amended by striking ``subtitle B'' both
places such term appears and inserting ``this title''.
(h) Forfeiture of Benefits by Convicted Felons.--Section 3650 of
such Act (42 U.S.C. 7385i) is amended by striking ``subtitle B'' each
place such term appears and inserting ``this title''.
(i) Repeal of Subtitle D.--Subtitle D of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (title XXXVI of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 7385o) is
repealed.
SEC. 3163. TECHNICAL AMENDMENTS.
(a) Subpoenas.--Subtitle B of such Act is amended by adding after
section 3631 (42 U.S.C. 7384v) the following new section:
``SEC. 3632. <<NOTE: 42 USC 7384w.>> SUBPOENAS; OATHS; EXAMINATION OF
WITNESSES.
``The Secretary of Labor, with respect to any matter under this
subtitle, may--
``(1) issue subpoenas for and compel the attendance of
witnesses;
``(2) administer oaths;
``(3) examine witnesses; and
``(4) require the production of books, papers, documents,
and other evidence.''.
[[Page 118 STAT. 2187]]
(b) Social Security Earnings Information.--Subtitle C of such Act is
amended by adding after section 3651 (42 U.S.C. 7385j) the following new
section:
``SEC. 3652. <<NOTE: 42 USC 7385j-1.>> SOCIAL SECURITY EARNINGS
INFORMATION.
``Notwithstanding the provision of section 552a of title 5, United
States Code, or any other provision of Federal or State law, the Social
Security Administration shall make available to the Secretary of Labor,
upon written request, the Social Security earnings information of living
or deceased employees who may have sustained an illness that is the
subject of a claim under this title, which the Secretary of Labor may
require to carry out the provisions of this title.''.
(c) Recovery of Overpayment.--Subtitle C of such Act is further
amended by adding after section 3652 (as added by subsection (b)) the
following new section:
``SEC. 3653. <<NOTE: 42 USC 7385j-2.>> RECOVERY AND WAIVER OF
OVERPAYMENTS.
``(a) In General.--When an overpayment has been made to an
individual under this title because of an error of fact or law, recovery
shall be made under regulations prescribed by the Secretary of Labor by
decreasing later payments to which the individual is entitled. If the
individual dies before the recovery is completed, recovery shall be made
by decreasing later benefits payable under this title with respect to
the individual's death.
``(b) Waiver.--Recovery by the United States under this section may
not be made when incorrect payment has been made to an individual who is
without fault and when adjustment or recovery would defeat the purpose
of this title or would be against equity and good conscience.
``(c) Liability.--A certifying or disbursing official is not liable
for an amount certified or paid by him when recovery of the amount is
waived under subsection (b) of this section, or when recovery under
subsection (a) of this section is not completed before the death of all
individuals against whose benefits deductions are authorized.''.
SEC. 3164. TRANSFER OF FUNDS FOR FISCAL YEAR 2005.
Of the funds appropriated to the Secretary of Energy for fiscal year
2005 for the Energy Employees Occupational Illness Compensation Program,
the Secretary of Energy shall transfer to the Secretary of Labor the
amount of funds that the Secretary of Energy, in consultation with the
Secretary of Labor, determine will be necessary for fiscal year 2005 to
administer the provisions of subtitle E of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as added by this
Act.
SEC. 3165. USE OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
FUND FOR CERTAIN PAYMENTS TO COVERED URANIUM EMPLOYEES.
(a) In General.--Section 3630 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7384u) is amended in
subsection (d) by inserting after ``The compensation provided under this
section'' the following: ``and the compensation provided under section 5
of the Radiation Exposure Compensation Act''.
(b) Conforming Amendment.--Section 6(c)(1) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended by
[[Page 118 STAT. 2188]]
inserting after ``Fund'' the following: ``(or, in the case of a payment
under section 5, from the Energy Employees Occupational Illness
Compensation Fund, pursuant to section 3630(d) of the Energy Employees
Occupational Illness Compensation Program Act of 2000)''.
SEC. 3166. IMPROVEMENTS TO SUBTITLE B OF ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM ACT OF 2000.
(a) Advisory Board.--Section 3624 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384o)
is amended by adding at the end the following new subsections:
``(e) Security Clearances.--(1) The Secretary of Energy shall ensure
that the members and staff of the Board, and the contractors performing
work in support of the Board, are afforded the opportunity to apply for
a security clearance for any matter for which such a clearance is
appropriate. <<NOTE: Deadline.>> The Secretary should, not later than
180 days after receiving a completed application, make a determination
whether or not the individual concerned is eligible for the clearance.
``(2) For fiscal year 2007 and each fiscal year thereafter, the
Secretary of Energy shall include in the budget justification materials
submitted to Congress in support of the Department of Energy budget for
that fiscal year (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) a report specifying the
number of applications for security clearances under this subsection,
the number of such applications granted, and the number of such
applications denied.
``(f) Information.--The Secretary of Energy shall, in accordance
with law, provide to the Board and the contractors of the Board access
to any information that the Board considers relevant to carry out its
responsibilities under this title, including information such as
Restricted Data (as defined in section 11 y. of the Atomic Energy Act of
1954 (42 U.S.C. 2014(y))) and information covered by the Privacy Act.''.
(b) Deadlines for Special Exposure Cohort Actions.--(1) Section 3626
of the Energy Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7384q) is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection:
``(c) Deadlines.--(1) Not later than 180 days after the date on
which the President receives a petition for designation as members of
the Special Exposure Cohort, the Director of the National Institute for
Occupational Safety and Health shall submit to the Advisory Board on
Radiation and Worker Health a recommendation on that petition, including
all supporting documentation.
``(2)(A) Upon receipt by the President of a recommendation of the
Advisory Board on Radiation and Worker Health that the President should
determine in the affirmative that paragraphs (1) and (2) of subsection
(b) apply to a class, the President shall have a period of 30 days in
which to determine whether such paragraphs apply to the class and to
submit that determination (whether affirmative or negative) to Congress.
[[Page 118 STAT. 2189]]
``(B) If the determination submitted by the President under
subparagraph (A) is in the affirmative, the President shall also submit
a report meeting the requirements of section 3621(14)(C)(ii).
``(C) If the President does not submit a determination required by
subparagraph (A) within the period required by subparagraph (A), then
upon the day following the expiration of that period, it shall be deemed
for purposes of section 3621(14)(C)(ii) that the President submitted the
report under that provision on that day.''.
(2) Section 3621(14)(C)(ii) of that Act (42 U.S.C. 7384l(14)(C)(ii))
is amended by striking ``180 days'' and inserting ``30 days''.
(c) Site Profiles.--Subtitle B of that Act is amended by adding
after section 3632 (as added by section 3163(a)) the following new
section:
``SEC. 3633. <<NOTE: 42 USC 7384w-1.>> COMPLETION OF SITE PROFILES.
``(a) In General.--To the extent that the Secretary of Labor
determines it useful and practicable, the Secretary of Labor shall
direct the Director of the National Institute for Occupational Safety
and Health to prepare site profiles for a Department of Energy facility
based on the records, files, and other data provided by the Secretary of
Energy and such other information as is available, including information
available from the former worker medical screening programs of the
Department of Energy.
``(b) Information.--The Secretary of Energy shall furnish to the
Secretary of Labor any information that the Secretary of Labor finds
necessary or useful for the production of such site profiles, including
records from the Department of Energy former worker medical screening
program.
``(c) Definition.--In this section, the term `site profile' means an
exposure assessment of a facility that identifies the toxic substances
or processes that were commonly used in each building or process of the
facility, and the time frame during which the potential for exposure to
toxic substances existed.
``(d) Time Frames.--The Secretary of Health and Human Services shall
establish time frames for completing site profiles for those Department
of Energy facilities for which a site profile has not been
completed. <<NOTE: Deadline. Reports.>> Not later than March 1, 2005,
the Secretary of Health and Human Services shall submit to Congress a
report setting forth those time frames.''.
SEC. 3167. EMERGENCY SPECIAL EXPOSURE COHORT MEETING AND REPORT.
(a) Meeting of Advisory Board.--(1) For purposes of carrying out
section 3626 of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384q), the President shall require the
Advisory Board on Radiation and Worker Health to convene a meeting of
the Board at which the Board considers each petition for designation as
members of the Special Exposure Cohort--
(A) <<NOTE: Deadline.>> that was filed not later than
October 1, 2004; and
(B) the evaluation of which (by the Director of the National
Institute of Occupational Safety and Health) was completed more
than 10 days before a previously scheduled meeting of the Board.
(2) <<NOTE: Effective date.>> Effective March 1, 2005, this
subsection shall have no further force or effect.
(b) Report to Congress.--Not later than March 15, 2005, the
President shall submit to Congress a report on the status
[[Page 118 STAT. 2190]]
of the petitions referred to in subsection (a). The report shall
include, for each petition, the estimated time to complete the
consideration of that petition and any anticipated actions or
circumstances that could preclude the Board from acting upon that
petition before the end of fiscal year 2005.
SEC. 3168. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS EMPLOYER
FACILITIES DURING PERIODS OF RESIDUAL CONTAMINATION.
(a) Coverage.--Paragraph (3) of section 3621 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (title XXXVI of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 7384l) is
amended to read as follows:
``(3) The term `atomic weapons employee' means any of the
following:
``(A) An individual employed by an atomic weapons
employer during a period when the employer was
processing or producing, for the use by the United
States, material that emitted radiation and was used in
the production of an atomic weapon, excluding uranium
mining and milling.
``(B) An individual employed--
``(i) at a facility with respect to which the
National Institute for Occupational Safety and
Health, in its report dated October 2003 and
titled `Report on Residual Radioactive and
Beryllium Contamination at Atomic Weapons Employer
Facilities and Beryllium Vendor Facilities', or
any update to that report, found that there is a
potential for significant residual contamination
outside of the period in which weapons-related
production occurred;
``(ii) by an atomic weapons employer or
subsequent owner or operators of a facility
described in clause (i); and
``(iii) during a period, as specified in such
report or any update to such report, of potential
for significant residual radioactive contamination
at such facility.''.
(b) Radiation Dose for Certain Atomic Weapons Employees.--Section
3623 of that Act (42 U.S.C. 7384n) is amended by adding at the end of
subsection (c) the following new paragraph:
``(4) In the case of an atomic weapons employee described in section
3621(3)(B), the following doses of radiation shall be treated, for
purposes of paragraph (3)(A) of this subsection, as part of the
radiation dose received by the employee at such facility:
``(A) Any dose of ionizing radiation received by that
employee from facilities, materials, devices, or byproducts used
or generated in the research, development, production,
dismantlement, transportation, or testing of nuclear weapons, or
from any activities to research, produce, process, store,
remediate, or dispose of radioactive materials by or on behalf
of the Department of Energy (except for activities covered by
Executive Order No. 12344, dated February 1, 1982 (42 U.S.C.
7158 note) pertaining to the Naval Nuclear Propulsion Program).
``(B) Any dose of ionizing radiation received by that
employee from a source not covered by subparagraph (A) that
[[Page 118 STAT. 2191]]
is not distinguishable through reliable documentation from a
dose covered by subparagraph (A).''.
SEC. 3169. <<NOTE: 42 USC 7384 note.>> UPDATE OF REPORT ON RESIDUAL
CONTAMINATION OF FACILITIES.
(a) Update of Report.--Not later than December 31, 2006, the
Director of the National Institute for Occupational Safety and Health
shall submit to Congress an update to the report required by section
3151(b) of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 42 U.S.C. 7384 note).
(b) Elements.--The update shall--
(1) for each facility for which such report found that
insufficient information was available to determine whether
significant residual contamination was present, determine
whether significant residual contamination was present;
(2) for each facility for which such report found that
significant residual contamination remained present as of the
date of the report, determine the date on which such
contamination ceased to be present;
(3) for each facility for which such report found that
significant residual contamination was present but for which the
Director has been unable to determine the extent to which such
contamination is attributable to atomic weapons-related
activities, identify the specific dates of coverage attributable
to such activities and, in so identifying, presume that such
contamination is attributable to such activities until there is
evidence of decontamination of residual contamination identified
with atomic weapons-related activities;
(4) for each facility for which such report found
significant residual contamination, determine whether it is at
least as likely as not that such contamination could have caused
an employee who was employed at such facility only during the
residual contamination period to contract a cancer or beryllium
illness compensable under subtitle B of the Energy Employees
Occupational Illness Compensation Program Act of 2000; and
(5) if new information that pertains to the report has been
made available to the Director since that report was submitted,
identify and describe such information.
(c) Publication.--The <<NOTE: Federal
Register, publication.>> Director shall ensure that the report referred
to in subsection (a) is published in the Federal Register not later than
15 days after being released.
SEC. 3170. SENSE OF CONGRESS ON RESOURCE CENTER FOR ENERGY EMPLOYEES
UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM IN WESTERN NEW YORK AND WESTERN PENNSYLVANIA REGION.
(a) Findings.--Congress makes the following findings:
(1) New York has 36 current or former Department of Energy
facilities involved in nuclear weapons production-related
activities statewide, mostly atomic weapons employer facilities,
and 14 such facilities in western New York. Despite having one
of the greatest concentrations of such facilities in the United
States, western New York, and abutting areas of Pennsylvania,
continue to be severely underserved by the Energy Employees
Occupational Illness Compensation Program under the Energy
Employees Occupational Illness Compensation Program Act of 2000
(title XXXVI of the Floyd D. Spence National Defense
[[Page 118 STAT. 2192]]
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398); 42 U.S.C. 7384 et seq.).
(2) The establishment of a permanent resource center in
western New York would represent a substantial step toward
improving services under the Energy Employees Occupational
Illness Compensation Program for energy employees in this
region.
(3) The number of claims submitted to the Department under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 from the western New York
region, including western Pennsylvania, exceeds the number of
such claims filed at resource centers in Hanford, Washington,
Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test Site,
Nevada, the Rocky Flats Environmental Technology Site, Colorado,
the Idaho National Engineering Laboratory, Idaho, and the
Amchitka Test Site, Alaska.
(4) Energy employees in the western New York region,
including western Pennsylvania, deserve assistance under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 commensurate with the
assistance provided energy employees at other locations in the
United States.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Labor should--
(1) review the availability of assistance under subtitle B
of the Energy Employees Occupational Illness Compensation
Program Act of 2000 for energy employees in the western New York
region, including western Pennsylvania; and
(2) recommend a location in that region for a resource
center to provide such assistance to such energy employees.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2005,
$21,268,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of earlier authority to dispose of certain materials
in National Defense Stockpile.
Sec. 3303. Disposal of ferromanganese.
Sec. 3304. Prohibition on storage of mercury at certain facilities.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2005, the
National Defense Stockpile Manager may obligate up to
[[Page 118 STAT. 2193]]
$59,700,000 of the funds in the National Defense Stockpile Transaction
Fund established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection (a)
if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3302. <<NOTE: 50 USC 98d note.>> REVISION OF EARLIER AUTHORITY TO
DISPOSE OF CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE.
Section 3303(a) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note) is
amended by striking paragraphs (4) and (5) and inserting the following
new paragraphs:
``(4) $785,000,000 by the end of fiscal year 2005; and
``(5) $870,000,000 by the end of fiscal year 2009.''.
SEC. 3303. <<NOTE: 50 USC 98d note.>> DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may dispose of up
to 50,000 tons of ferromanganese from the National Defense Stockpile
during fiscal year 2005.
(b) Contingent Authority for Additional Disposal.--(1) If the
Secretary of Defense completes the disposal of the total quantity of
ferromanganese authorized for disposal by subsection (a) before
September 30, 2005, the Secretary of Defense may dispose of up to an
additional 25,000 tons of ferromanganese from the National Defense
Stockpile before that date.
(2) If the Secretary completes the disposal of the total quantity of
additional ferromanganese authorized for disposal by paragraph (1)
before September 30, 2005, the Secretary may dispose of up to an
additional 25,000 tons of ferromanganese from the National Defense
Stockpile before that date.
(c) Certification.--The Secretary of Defense may dispose of
ferromanganese under the authority of paragraph (1) or (2) of subsection
(b) only if the Secretary submits written certification to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives, not later than 30 days before the
commencement of disposal under the applicable paragraph, that--
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile is in the interest of national
defense;
(2) the disposal of the additional ferromanganese will not
cause undue disruption to the usual markets of producers and
processors of ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese is
consistent with the requirements and purpose of the National
Defense Stockpile.
[[Page 118 STAT. 2194]]
(d) Delegation of Responsibility.--The Secretary of Defense may
delegate the responsibility of the Secretary under subsection (c) to an
appropriate official within the Department of Defense.
(e) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
SEC. 3304. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN FACILITIES.
(a) Prohibition.--During fiscal year 2005, the Secretary of Defense
may not store mercury from the National Defense Stockpile at any
facility that is not owned or leased by the United States.
(b) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are hereby authorized to
be appropriated to the Secretary of Energy $20,000,000 for fiscal year
2005 for the purpose of carrying out activities under chapter 641 of
title 10, United States Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for
merchant marine vessels.
Sec. 3503. Modification of priority afforded applications for national
defense tank vessel construction assistance.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME ADMINISTRATION.
There are authorized to be appropriated to the Secretary of
Transportation for the Maritime Administration for fiscal year 2005 (in
lieu of amounts authorized for the same purposes by section 3511 of the
National Defense Authorization Act for Fiscal Year 2004)--
(1) for expenses necessary for operations and training
activities, $109,300,000;
(2) for administrative expenses under the loan guarantee
program authorized by title XI of the Merchant Marine Act, 1936
(46 U.S.C. App. 1271 et seq.), $4,764,000; and
(3) for ship disposal, $35,000,000, of which $2,000,000
shall be for decommissioning, removal, and disposal of the
nuclear
[[Page 118 STAT. 2195]]
reactor and hazardous materials on board the vessel SAVANNAH.
SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK INSURANCE FOR
MERCHANT MARINE VESSELS.
(a) Extension.--Section 1214 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1294), is amended by striking ``June 30, 2005'' and
inserting ``December 31, 2010''.
(b) Investment of Assets in Insurance Fund.--Section 1208(a) of such
Act (46 U.S.C. App. 1288), is amended by striking the third sentence and
inserting the following: ``The Secretary of Transportation may request
the Secretary of the Treasury to invest such portion of the Fund as is
not, in the judgment of the Secretary of Transportation, required to
meet the current needs of the fund. Such investments shall be made by
the Secretary of the Treasury in public debt securities of the United
States, with maturities suitable to the needs of the fund, and bearing
interest rates determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturity.''.
SEC. 3503. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS FOR NATIONAL
DEFENSE TANK VESSEL CONSTRUCTION ASSISTANCE.
Section 3542(d)(2) of the Maritime Security Act of 2003 (title XXXV
of Public Law 108-136; 117 Stat. 1821; 46 U.S.C. 53101 note) is
amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) with respect to any proposal for financial
assistance to be provided from amounts appropriated for
a fiscal year after fiscal year 2005, acceptance of the
vessel to be constructed with the assistance for
participation in the Shipboard Technology Evaluation
Program as outlined in Navigation and Vessel Inspection
Circular 01-04, issued by the Commandant of the United
States Coast Guard on January 2, 2004.''.
TITLE XXXVI--ASSISTANCE <<NOTE: Assistance to Firefighters Grant Program
Reauthorization Act of 2004.>> TO FIREFIGHTERS
Sec. 3601. Short title.
Sec. 3602. Amendments to Federal Fire Prevention and Control Act of
1974.
Sec. 3603. Report on assistance to firefighters.
SEC. 3601. <<NOTE: 15 USC 2201 note.>> SHORT TITLE.
This title may be cited as the ``Assistance to Firefighters Grant
Program Reauthorization Act of 2004''.
SEC. 3602. AMENDMENTS TO FEDERAL FIRE PREVENTION AND CONTROL ACT OF
1974.
Section 33 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229) is amended--
(1) in subsection (b)(1)(A)--
(A) by inserting ``throughout the Nation'' after
``personnel''; and
[[Page 118 STAT. 2196]]
(B) by striking ``and'' at the end;
(2) in subsection (b)(1)(B)--
(A) by inserting ``and firefighter safety research
and development'' after ``fire prevention''; and
(B) by striking the period and inserting ``; and'';
(3) by adding at the end of subsection (b)(1) the following
new subparagraph:
``(C) provide assistance for nonaffiliated EMS
organizations for the purpose of paragraph (3)(F).'';
(4) in subsection (b)(3)(F), by inserting ``and
nonaffiliated EMS organizations'' after ``fire departments'';
(5) in subsection (b)(4)--
(A) by inserting ``and firefighter safety research
and development'' after ``prevention'' in the paragraph
heading;
(B) in subparagraph (A)(ii)--
(i) by inserting ``that are not fire
departments and'' after ``community
organizations'';
(ii) by inserting ``and firefighter research
and development programs,'' after ``fire safety
programs and activities,''; and
(iii) by inserting ``and research to improve
firefighter health and life safety'' after ``fire
prevention programs'';
(C) in subparagraph (B), by striking ``to children
from fire'' and inserting ``to high risk groups from
fire, as well as research programs that demonstrate the
potential to improve firefighter safety''; and
(D) by adding at the end the following new
subparagraph:
``(C) Grant limitation.--A grant under this
paragraph shall not be greater than $1,000,000 for a
fiscal year.'';
(6) in subsection (b)(5)(B)--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following
new clause:
``(iv) Other federal support.--A list of other
sources of Federal funding received by the
applicant. The Director, in coordination with the
Secretary of Homeland Security, shall use such
list to prevent unnecessary duplication of grant
funds.''.
(7) in subsection (b)(6), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and
(C), the Director may provide assistance under this
subsection only if the applicant for such assistance
agrees to match 20 percent of such assistance for any
fiscal year with an equal amount of non-Federal funds.
``(B) Requirement for small community
organizations.--In the case of an applicant whose
personnel--
``(i) serve jurisdictions of 50,000 or fewer
residents, the percent applied under the matching
requirement of subparagraph (A) shall be 10
percent; and
``(ii) serve jurisdictions of 20,000 or fewer
residents, the percent applied under the matching
requirement of subparagraph (A) shall be 5
percent.
[[Page 118 STAT. 2197]]
``(C) Fire prevention and firefighter safety
grants.--There shall be no matching requirement for a
grant described in paragraph (4)(A)(ii).'';
(8) in subsection (b)(10)--
(A) by amending subparagraph (A) to read as follows:
``(A) Recipient limitations.--A grant recipient
under subsection (b)(1)(A)--
``(i) that serves a jurisdiction with 500,000
people or less may not receive grants in excess of
$1,000,000 for any fiscal year;
``(ii) that serves a jurisdiction with more
than 500,000 but not more than 1,000,000 people
may not receive grants in excess of $1,750,000 for
any fiscal year; and
``(iii) that serves a jurisdiction with more
than 1,000,000 people may not receive grants in
excess of $2,750,000 for any fiscal year.
The Director may award grants in excess of the
limitations provided in clause (i) and (ii) if the
Director determines that extraordinary need for
assistance by a jurisdiction warrants a waiver.'';
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Distribution.--Notwithstanding subparagraph
(A), no single recipient may receive more than the
lesser of $2,750,000 or one half of one percent of the
funds appropriated under this section for a single
fiscal year.''; and
(D) by adding at the end the following new
subparagraphs:
``(D) Requirements for grants for emergency medical
services.--Subject to the restrictions in subparagraph
(E), not less than 3.5 percent of the funds appropriated
under this section for a fiscal year shall be awarded
for purposes described in paragraph (3)(F).
``(E) Nonaffiliated ems limitation.--Not more than 2
percent of the funds appropriated to provide grants
under this section for a fiscal year shall be awarded to
nonaffiliated EMS organizations.
``(F) Application of selection criteria to grant
applications from nonaffiliated ems organizations.--In
reviewing applications submitted by nonaffiliated EMS
organizations, the Director shall consider the extent to
which other sources of Federal funding are available to
provide assistance requested in such grant
applications.'';
(9) in subsection (b), by adding at the end the following
new paragraphs:
``(13) Annual meeting.--The Director shall convene an annual
meeting of individuals who are members of national fire service
organizations and are recognized for expertise in firefighting
or emergency medical services provided by fire services, and who
are not employees of the Federal Government, for the purpose of
recommending criteria for awarding grants under this section for
the next fiscal year and recommending any necessary
administrative changes to the grant program.
[[Page 118 STAT. 2198]]
``(14) Guidelines.--(A) <<NOTE: Federal
Register, publication.>> Each year, prior to making any grants
under this section, the Director shall publish in the Federal
Register--
``(i) guidelines that describe the process for
applying for grants and the criteria for awarding
grants; and
``(ii) an explanation of any differences between the
guidelines and the recommendations made pursuant to
paragraph (13).
``(B) The criteria for awarding grants under subsection
(b)(1)(A) shall include the extent to which the grant would
enhance the daily operations of the applicant and the impact of
such a grant on the protection of lives and property.
``(15) Peer review.--The Director shall, after consultation
with national fire service organizations, appoint fire service
personnel to conduct peer review of applications received under
paragraph (5). In making grants under this section, the Director
shall consider the results of such peer review evaluations.
``(16) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to activities under paragraphs (13) and (15).
``(17) Accounting determination.--Notwithstanding any other
provision of law, rule, regulation, or guidance, for purposes of
receiving assistance under this section, equipment costs shall
include, but not be limited to, all costs attributable to any
design, purchase of components, assembly, manufacture, and
transportation of equipment not otherwise commercially
available.'';
(10) by amending subsection (d) to read as follows:
``(d) Definitions.--In this section--
``(1) the term `Director' means the Director, acting through
the Administrator;
``(2) the term `nonaffiliated EMS organization' means a
public or private nonprofit emergency medical services
organization that is not affiliated with a hospital and does not
serve a geographic area in which the Director finds that
emergency medical services are adequately provided by a fire
department; and
``(3) the term `State' includes the District of Columbia and
the Commonwealth of Puerto Rico.''; and
(11) in subsection (e)(1), by striking the first sentence
and inserting ``There are authorized to be appropriated for the
purposes of this section $900,000,000 for fiscal year 2005,
$950,000,000 for fiscal year 2006, and $1,000,000,000 for each
of the fiscal years 2007 through 2009.''.
SEC. 3603. REPORT ON ASSISTANCE TO FIREFIGHTERS.
(a) Study and Report on Assistance to Firefighters.--
(1) Study.--The Administrator of the United States Fire
Administration, in conjunction with the National Fire Protection
Association, shall conduct a study to--
(A) define the current roles and activities
associated with the fire services on a national, State,
regional, and local level;
(B) identify the equipment, staffing, and training
required to fulfill the roles and activities defined
under subparagraph (A);
[[Page 118 STAT. 2199]]
(C) conduct an assessment to identify gaps between
what fire departments currently possess and what they
require to meet the equipment, staffing, and training
needs identified under subparagraph (B) on a national
and State-by-State basis; and
(D) measure the impact of the Assistance to
Firefighters Grant program under section 33 of the
Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229) in meeting the needs of the fire services
identified in the report submitted to Congress under
section 1701(b) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 and filling the
gaps identified under subparagraph (C).
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science of the House of Representatives a
report on the findings of the study described in paragraph (1).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Fire Administration $300,000 for
fiscal year 2005 to carry out the study required by subsection (a).
Approved October 28, 2004.
LEGISLATIVE HISTORY--H.R. 4200 (S. 2400) (S. 2401):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 108-491 and Pt. 2 (Comm. on Armed Services) and
108-767 (Comm. of Conference).
SENATE REPORTS: No. 108-260 accompanying S. 2400 (Comm. on Armed
Services).
CONGRESSIONAL RECORD, Vol. 150 (2004):
May 19, 20, considered and passed House.
June 23, considered and passed Senate, amended, in lieu of
S. 2400.
Oct. 8, House considered conference report.
Oct. 9, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Oct. 28, Presidential statement.
<all>