National Defense Authorization Act for Fiscal Year 2005 - Authorizes appropriations for the Department of Defense (DOD) for FY 2005.
Authorizes appropriations to DOD for: (1) procurement, including for aircraft, missiles, weapons and tracked combat vehicles, ammunition, and shipbuilding and conversion; (2) research, development, test, and evaluation, including ballistic missile defense capabilities; (3) operation and maintenance, including for defense working capital funds, the Armed Forces Retirement Home, the Defense Health Program, and chemical agents and munitions destruction; and (4) active and reserve military personnel, including end strengths.
Extends certain bonus, special, and incentive pay authorities. Expands certain travel and transportation allowances.
Sets forth provisions or requirements concerning: (1) environmental policy, including the protection of sunken State craft and the remains of their crews; (2) active and reserve military personnel policy, including the extension of age limits for reserve and National Guard general and flag officers, and revised retirement rules for officers; (3) ROTC and the military service academies, including the establishment of a Board of Visitors at each academy; (4) acquisition policy and management, including enhanced small business participation in defense contracting; (5) DOD organization and management; (6) budget and financial matters; (7) the establishment of auxiliaries for military departments and a National Defense Heritage Foundation; (8) DOD civilian personnel policy; and (9) matters relating to other nations, allies, and friendly foreign nations.
Military Construction Authorization Act for Fiscal Year 2005 - Authorizes the Secretary of Defense and the Secretaries of the military departments to acquire real property and carry out specified military construction projects. Authorizes appropriations for: (1) military construction, land acquisition, and military family housing functions; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; (3) chemical demilitarization construction; and (4) National Guard and reserve forces facilities.
Authorizes the Secretary of the Army to establish the Museum Center of the National Museum of the United States Army at Fort Belvoir, Virginia.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2229 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2229
To authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2004, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 24, 2004
Mr. Warner (for himself and Mr. Levin) (by request) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2005 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2005''.
SEC. 2. TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
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--Multiyear Procurement Authorization
Sec. 111. Multiyear procurement authority for the light weight 155
millimeter howitzer program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Ballistic Missile Defense
Sec. 211. Funding for Missile Defense Agency.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Delegation of authority to the states to make certain
environmental restoration determinations.
Sec. 312. Periodic audits of Superfund transactions.
Sec. 313. Payment of private cleanup costs.
Sec. 314. Removal to federal court of Clean Air Act and Safe Drinking
Water Act cases.
Sec. 315. Reimbursement to the Environmental Protection Agency for
certain costs in connection with the Moses
Lake, Washington Superfund site.
Sec. 316. Prohibiting judicial review of incomplete CERCLA cleanup
actions.
Sec. 317. Protection of sunken state craft and the remains of their
crews.
Subtitle C--Workplace and Depot Issues
Sec. 321. Exclusion of certain expenditures from percentage limitation
on contracting for performance of depot-
level maintenance and repair workloads.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. New title for the Vice-Chief of the National Guard Bureau.
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. Special rule for computing the high-36 month average for
Reserve component members.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Transition of active-duty list officer force to all regular
status.
Sec. 502. Strength in grade: commissioned officers in grades below
brigadier general or rear admiral (lower
half) in an active status.
Sec. 503. Joint duty credit required for promotion to flag or general
officer.
Sec. 504. Revised promotion policy objectives for joint officers.
Sec. 505. Modify length of joint duty assignments.
Sec. 506. Management of joint specialty officers.
Sec. 507. Eliminate distribution quotas for general and flag officers
serving in the grades of O-7 and O-8.
Sec. 508. Eliminate mandatory retirement of active duty general and
flag officers after 30 years of service.
Sec. 509. Length of terms for the Assistants to the Chairman of the
Joint Chiefs of Staff for National Guard
and -Reserve Matters.
Sec. 510. Length of service for the senior leaders of the military
departments.
Sec. 511. Extending age limits for active duty general and flag
officers.
Sec. 512. Lateral reassignment of certain generals and admirals.
Sec. 513. Length of service for the Chairman and Vice Chairman of the
Joint chiefs of staff.
Sec. 514. Promotion policy objectives for joint officers.
Subtitle B--Reserve Component Management
Sec. 521. Revised concept of inactive duty and repeal of funeral honors
duty.
Sec. 522. Authorized strengths of Navy and Marine Corps reserve flag
and general officers.
Sec. 523. Mandatory retention on active duty to qualify for retirement
pay.
Sec. 524. Amendment to the purpose of the reserve components.
Sec. 525. Accounting and management of National Guard and reserve
personnel performing active or full-time
duty.
Sec. 526. Waive requirement that reserve chiefs and National Guard
directors must have significant joint duty
experience.
Sec. 527. Extending age limits for reserve and National Guard general
and flag officers.
Sec. 528. Expanded use of reserve component members to perform
developmental testing and new equipment
training.
Subtitle C--ROTC and Military Service Academies
Sec. 531. Institutions of higher education that prevent ROTC access or
military recruiting on campus; equal
treatment with other employers.
Sec. 532. Board of Visitors; United States Air Force Academy; United
States Military Academy; United States
Naval Academy.
Sec. 533. Dean of the Faculty; Dean of Academic Board.
Sec. 534. Repeal of requirement that military academy superintendents
retire after assignment.
Subtitle D--Other Military Education and Training Matters
Sec. 541. Education loan repayments for health professions officers of
the reserve components.
Sec. 542. Conferral of degrees to graduates of the Community College of
the Air Force.
Sec. 543. Three year educational leave of absence.
Sec. 544. Length of phase II joint professional military education.
Sec. 545. Changing the titles of the heads of the Naval Postgraduate
School.
Sec. 546. New mission statement and expanded eligibility for enlisted
personnel at the Naval Postgraduate School.
Sec. 547. Change in Department of Defense schools enrollment for
children of locally-hired employees working
overseas.
Subtitle E--Administrative Matters
Sec. 551. Annual report to Congress concerning joint officer
management.
Sec. 552. Revised definitions applicable to joint duty.
Sec. 553. Federal write-in ballots for absent military voters located
in the United States.
Subtitle F--Military Justice Matters
Sec. 561. Waive time lost when a member is acquitted, released without
trial, or has his conviction set-aside or
reversed on appeal.
Sec. 562. Change in Uniform Code of Military Justice relating to blood
alcohol concentration.
Subtitle G--Benefits
Sec. 571. Immediate lump sum reimbursement for unusual nonrecurring
expenses outside the continental United
States.
Sec. 572. Repeal of requirement to pay subsistence charges while
hospitalized.
Subtitle H--Other Matters
Sec. 581. Release of taxpayer addresses to help locate individuals with
military service obligations.
Sec. 582. Alternate initial military service obligation for persons
with specialized skills.
Sec. 583. Basic training requirement for certain members with
specialized skills.
Sec. 584. Eliminate mandatory terms of office for certain general and
flag staff officers.
Sec. 585. Prohibit court-ordered payments before retirement based on
imputation of retired pay.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Termination of assignment incentive pay for members on
terminal leave.
Sec. 602. More flexible retirement rules for military officers.
Sec. 603. More flexible computation of retired pay for officers and
senior enlisted members.
Sec. 604. Eliminate retired pay limit applicable to general and flag
officers.
Sec. 605. Grant basic allowance for housing waivers for 12 months or
less on permanent change of station
assignments that are principally for
education or training.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pays for
reserve forces.
Sec. 612. Bonus for officers to serve in the Selected Reserve in a
critical skill or manpower shortage.
Sec. 613. Critical skills retention bonus; eligibility of members
serving on indefinite reenlistment.
Sec. 614. Foreign language proficiency pay.
Sec. 615. Repayment of unearned portions of bonuses, special pays, and
educational benefits.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Lodging costs incurred in connection with student dependent
travel.
Sec. 622. Expanded travel and transportation allowances for family
members to attend burial ceremonies.
Subtitle D--Other Matters
Sec. 631. Protection against double taxation for service members absent
from their residence or domicile solely by
reason of compliance with military orders.
Sec. 632. Accumulation of annual leave by intelligence senior level
employees.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Exemption of nonappropriated fund health benefits program
from non-federal laws, taxes, and mandates.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Defense acquisition workforce changes.
Sec. 802. Delegation to the Defense Contract Management Agency to make
determinations concerning restructuring
costs.
Sec. 803. Disposal of excess and obsolete materials contained in the
national defense stockpile.
Sec. 804. Privatization of military utilities located on non-federal
land.
Sec. 805. Elimination of delays in assignment of real property to
federal sponsoring agencies for public
benefit conveyances.
Sec. 806. Treatment of certain former military installation lands as
HUBZones.
Sec. 807. Repeal of redundant limitations on the procurement of totally
enclosed lifeboats.
Sec. 808. Amendments to Small Business Competitiveness Demonstration
Program Act of 1988; streamlining data
collection.
Sec. 809. Demonstration programs using design-build contracts.
Sec. 810. Two-year extension of laboratory revitalization demonstration
program.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Transportation of Department of Defense passengers or
supplies by air carriers.
Sec. 822. One-year extension of program applying simplified procedures
to certain commercial items.
Sec. 823. Pilot authority for follow-on production agreements relating
to certain prototype projects.
Sec. 824. Charging of fees for logistical data.
Sec. 825. Sale and exchange of missile propellants and electricity.
Sec. 826. Elimination of solicitation issuance delay.
Sec. 827. Pilot program to contract with local governments for
services.
Sec. 828. Procurement of Ball and roller bearings.
Sec. 829. Increased threshold for awarding contracts under other than
competitive procedures.
Sec. 830. Increased threshold for requiring contractors to provide
specified employee information to
cooperative agreement holders.
Sec. 831. Limitation on task and delivery order contracts.
Sec. 832. Obligation of performance bond surety upon default of
contractor.
Subtitle C--Acquisition-Related Reports and Other Matters
Sec. 841. Streamlining real property transactions.
Sec. 842. Repeal of annual reporting requirement concerning management
of depot employees.
Sec. 843. Simplification of annual reporting requirements concerning
funds expended for depot maintenance and
repair workloads.
Sec. 844. Small business programs: change of office title.
Sec. 845. Provisions relating to real property.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers
Sec. 901. Transfer of responsibility for the assembled chemical weapons
alternatives program.
Sec. 902. Expanded eligibility to serve as the Deputy Chief of Naval
Operations and Assistant Chief of Naval
Operations.
Sec. 903. Repeal of required periodic Inspector General audits of
undefinitized contractual actions.
Sec. 904. Repeal of mandatory Inspector General review of advisory and
assistance services contract waivers.
Sec. 905. Chain of succession for the Chief, National Guard Bureau.
Subtitle B--Reports
Sec. 911. Repeal of quarterly reporting requirement concerning payments
for District of Columbia water and sewer
services.
Sec. 912. Repeal of reporting requirement concerning the Cooperative
Threat Reduction Program.
Sec. 913. Repeal of annual reporting requirement concerning threat
posed by weapons of mass destruction,
ballistic missiles, and cruise missiles.
Subtitle C--Other Matters
Sec. 921. Manpower and budget issues in the Defense Prisoner of War/
Missing Personnel Office.
Sec. 922. Three-year extension of mentor-protege program.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Repeal of requirement for separate budget request for
procurement of Reserve equipment.
Sec. 1002. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Sec. 1003. Extension of authority to provide war risk insurance for
merchant marine vessels.
Sec. 1004. Capture of all expired funds from the military personnel and
operation and maintenance appropriations
accounts for use in the foreign currency
fluctuations account.
Sec. 1005. Reimbursement for use of personal cellular telephones when
used for official government business.
Sec. 1006. Purchase of promotional items of nominal value for
recruitment purposes.
Sec. 1007. Microclaim waiver authority.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Exchange and sale of obsolete Navy service craft and boats.
Sec. 1012. Award contracts for ship dismantling on net cost basis.
Subtitle C--Counter-Drug Activities
Sec. 1021. Use of two-year extension of counterdrug funds for
counterterrorism in Colombia.
Subtitle D--Other Department of Defense Provisions
Sec. 1031. Control and supervision of transportation within the
Department of Defense.
Subtitle E--Other Matters
Sec. 1041. Repeal of prohibition on contracts for performance of
security-guard functions.
Sec. 1042. Establishment of auxiliaries within the military
departments.
Sec. 1043. National Defense Heritage Foundation.
Sec. 1044. Use of military aircraft to transport mail to and from
overseas locations.
Sec. 1045. Use of the national driver register for personnel security
investigations and determinations.
Sec. 1046. Conforming amendments to general definitions.
Sec. 1047. Use of Department of Defense fitness facilities by contract
workers.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Priority placement of displaced civilian employees.
Sec. 1102. Employment preference for spouses of civilian employees.
Sec. 1103. Pay parity for civilian intelligence personnel.
Sec. 1104. Pay parity for senior executives in DoD nonappropriated fund
instrumentalities.
Sec. 1105. Prohibit unauthorized wearing, manufacture, or sale of
civilian medals or decorations.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Related to Arms Control and Monitoring
Sec. 1201. Humanitarian assistance with respect to the detection and
clearance of landmines and explosive
remnants of war.
Subtitle B--Matters Related to Allies and Friendly Foreign Nations
Sec. 1211. Improving airspace control and management in the Caucasus
and Central Asia.
Sec. 1212. George C. Marshall European Center for Security Studies.
Subtitle C--Other Matters
Sec. 1221. Repeal of the annual reporting requirement concerning the
activities of Chinese military companies
operating in the United States.
Sec. 1222. Repeal of reporting requirement concerning special
operations forces training with friendly
foreign forces.
Sec. 1223. Foreign military AIDS advocacy, awareness, and prevention
activities.
Sec. 1224. Repeal of the authorization for the establishment of the
Center for the Study of Chinese Military
Affairs.
Sec. 1225. Use of donated property for humanitarian assistance
purposes.
Sec. 1226. Assignment of foreign Navy personnel to submarine safety
research and development programs.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Authority to waive conditions limiting support for chemical
weapons destruction facility in Russia.
TITLE XIV--HOMELAND SECURITY
Sec. 1401. Repeal of funding restrictions concerning development of
medical countermeasures against biological
warfare threats.
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.
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--CHEMICAL DEMILITIZATION CONSTRUCTION, DEFENSE
Sec. 2601. Authorized Chemical Demilitarization construction and land
acquisition projects.
Sec. 2602. Authorization of appropriations, Chemical Demilitarization
Construction.
TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES
Sec. 2701. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2801. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2802. Extension of authorizations of certain fiscal year 2002
projects.
Sec. 2803. Extension of authorizations of certain fiscal year 2001
projects.
TITLE XXIX--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2901. Alternative authority for acquisition and improvement of
military housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2911. Establishment of Museum Center of the National Museum of the
United States Army.
Sec. 2912. Exchange or sale of reserve component facilities in return
for replacement facilities.
Subtitle C--Other Matters
Sec. 2921. Minor military construction to improve force protection.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2005
for procurement for the Army as follows:
(1) For aircraft, $2,658,241,000.
(2) For missiles, $1,398,321,000.
(3) For weapons and tracked combat vehicles,
$1,639,695,000.
(4) For ammunition, $1,556,902,000.
(5) For other procurement, $4,240,896,000.
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, $8,767,867,000.
(2) For weapons, including missiles and torpedoes,
$2,101,529,000.
(3) For shipbuilding and conversion, $9,962,027,000.
(4) For other procurement, $4,834,278,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2005 for procurement for the Marine Corps in the amount
of $1,190,103,000.
(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 Marine Corps in the amount of $858,640,000.
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, $13,163,174,000.
(2) For missiles, $4,718,313,000.
(3) For procurement of ammunition, $1,396,457,000.
(4) For other procurement, $13,283,557,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2005
for Defense-wide procurement in the amount of $2,883,302,000.
Subtitle B--Multiyear Procurement Authorization
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT WEIGHT 155
MILLIMETER HOWITZER PROGRAM.
The Secretary of the Navy may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear contract,
beginning with the fiscal year 2005 program year, for procurement of
the light weight 155 millimeter howitzer.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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, $9,266,258,000.
(2) For the Navy, $16,346,391,000.
(3) For the Air Force, $21,114,667,000.
(4) For Defense-wide activities, $21,044,972,000, of which
$305,135,000 is authorized for the Director of Operational Test
and Evaluation.
Subtitle B--Ballistic Missile Defense
SEC. 211. FUNDING FOR MISSILE DEFENSE AGENCY.
(a) Funds appropriated under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for the Missile Defense Agency may,
upon approval by the Secretary of Defense, be used for the development
and fielding of ballistic missile defense capabilities.
(b) This section shall be effective for fiscal years after Fiscal
Year 2004.
TITLE III--OPERATION AND MAINTENANCE
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, $26,133,411,000.
(2) For the Navy, $29,789,190,000.
(3) For the Marine Corps, $3,632,115,000.
(4) For the Air Force, $28,471,260,000.
(5) For Defense-wide activities, $17,494,076,000.
(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, $4,440,686,000.
(11) For the Air National Guard, $4,422,838,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,825,000.
(13) For Environmental Restoration, Army, $400,948,000.
(14) For Environmental Restoration, Navy, $266,820,000.
(15) For Environmental Restoration, Air Force,
$397,368,000.
(16) For Environmental Restoration, Defense-wide,
$23,684,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $216,516,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) For Cooperative Threat Reduction programs,
$409,200,000.
(20) For Overseas Contingency Operations Transfer Fund,
$30,000,000.
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, $1,685,886,000.
(2) For the National Defense Sealift Fund, $1,269,252,000.
SEC. 303. 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.
SEC. 304. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Defense Health Program,
$17,640,411,000, of which--
(1) $17,203,369,000 is for Operation and Maintenance;
(2) $72,407,000 is for Research, Development, Test, and
Evaluation; and
(3) $364,635,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction.--(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, $1,371,990,000, of which--
(A) $1,138,801,000 is for Operation and Maintenance;
(B) $154,209,000 is for Research, Development, Test, and
Evaluation; and
(C) $78,980,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph (1) are
authorized for--
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the 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,
$852,697,000.
(d) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2005 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense, $244,562,000, of which--
(1) $242,362,000 is for Operation and Maintenance;
(2) $100,000 is for Research, Development, Test, and
Evaluation; and
(3) $2,100,000 is for Procurement.
Subtitle B--Environmental Provisions
SEC. 311. DELEGATION OF AUTHORITY TO THE STATES TO MAKE CERTAIN
ENVIRONMENTAL RESTORATION DETERMINATIONS.
Subparagraph (3)(B) of subsection (h) of section 120 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, Public Law 96-510 (42 U.S.C. 9620), as amended, is amended--
(1) by inserting ``(in the case of sites at a Federal
facility that is listed on the National Priorities List), or
the Governor of the State in which the facility is located (in
the case of sites at a Federal facility not listed on the
National Priorities List),'' after ``Administrator'' the first
place it appears;
(2) by inserting ``or the Governor, as appropriate,'' after
``Administrator'' the second place it appears; and
(3) by inserting `` the Governor, as appropriate,'' after
``Administrator'' the third place it appears.
SEC. 312. PERIODIC AUDITS OF SUPERFUND TRANSACTIONS.
Section 111(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(k)) is amended
to read as follows:
``(k) The Inspector General of each department or agency to which
responsibility to obligate money in the Fund is delegated shall conduct
a periodic audit of all payments, obligations, reimbursements, or other
uses of the Fund, to assure that the Fund is being properly
administered and that claims are being appropriately and expeditiously
considered. Each Inspector General shall submit to the Congress a
report of the audit. Each Inspector General shall provide such auditing
of the Fund as is appropriate to minimize the risk of mismanagement.
Each Federal agency shall cooperate with the Inspector General in
carrying out this subsection.''.
SEC. 313. PAYMENT OF PRIVATE CLEANUP COSTS.
(a) Authority To Pay for Services.--Section 2701(d) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``tribe,'' both places it
appears and inserting ``tribe, owner of covenant property,'';
and
(2) in paragraph (4), by adding at the end the following
new subparagraph:
``(C) The term `owner of covenant property' means an owner
of property subject to a covenant provided by the United States
in accordance with the requirements of section
120(h)(3)(A)(ii)(II) of CERCLA: Provided, however, That the
covenant property also is the site of the services to be
performed.''.
(b) Source of Funds for Covenant Property.--Section 2703 of such
title is amended--
(1) in subsection (g)(1), by striking ``The'' and inserting
``Except as provided in subsection (h), the''; and
(2) by adding at the end the following new subsection:
``(h) Sole Source of Funds for Environmental Remediation Services
at Base Realignment and Closure Sites.--In the case of property
disposed of in accordance with a base closure law, the sole source of
funds for services obtained under section 2701(d)(1) of this title
shall be the applicable base closure account established under such
base closure law.''.
SEC. 314. REMOVAL TO FEDERAL COURT OF CLEAN AIR ACT AND SAFE DRINKING
WATER ACT CASES.
(a) Right of Removal to Federal Court of Clean Air Act Cases to
Federal Court.--Section 118(a) of the Clean Air Act (42 U.S.C.
7418(a)), is amended by adding at the end the following new sentence:
``Nothing in this act shall be construed to prevent any department,
agency, or instrumentality of the Federal Government, or any officer,
agent, or employee thereof in the performance of his official duties,
from removing to the appropriate Federal district court any proceeding
in State court to which the department, agency, or instrumentality or
officer, agent, or employee thereof is subject pursuant to this
subsection, and any such proceeding may be removed in accordance with
section 1441 et seq. of title 28, United States Code.''.
(b) Right of Removal to Federal Court of Safe Drinking Water Act
Cases to Federal Court.--Section 1447 of the Safe Drinking Water Act
(42 U.S.C. 300j-6) is amended by adding at the end the following new
subsection:
``(f) Removal.--Nothing in this act shall be construed to prevent
any department, agency, or instrumentality of the Federal Government,
or any officer, agent, or employee thereof in the performance of his
official duties, from removing to the appropriate Federal district
court any proceeding in State court to which the department, agency, or
instrumentality or officer, agent, or employee thereof is subject
pursuant to subsection (a), and any such proceeding may be removed in
accordance with section 1441 et seq. of title 28, United States
Code.''.
(c) Application.--The amendments made by this section shall apply
to any action filed in a State court after the effective date of this
section.
SEC. 315. REIMBURSEMENT TO THE ENVIRONMENTAL PROTECTION AGENCY FOR
CERTAIN COSTS IN CONNECTION WITH THE MOSES LAKE,
WASHINGTON SUPERFUND SITE.
(a) Authority.--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. This payment
is to reimburse the United States 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. Such reimbursement is provided for in the Interagency
Agreement entered into by the Department of the Army and the
Environmental Protection Agency for the Moses Lake Site, in March,
1999.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by paragraph 18 of
section 301 of this act for Environmental Restoration, Formerly Used
Defense Sites. EPA shall retain and use the transferred amount to pay
for costs the Agency has incurred or will incur at the Moses Lake
Wellfield Superfund site.
SEC. 316. PROHIBITING JUDICIAL REVIEW OF INCOMPLETE CERCLA ---CLEANUP
ACTIONS.
Subsection (h) of section 113 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, Public Law 96-510
(42 U.S.C. 9613, as amended), is amended by inserting ``(which includes
responses under section 120),'' after ``section 104'' in each of the
two places it appears.
SEC. 317. PROTECTION OF SUNKEN STATE CRAFT AND THE REMAINS OF THEIR
CREWS.
(a) Findings and Purpose.--The Congress declares and finds the
following:
(1) A vital part of the United States maritime heritage
consists of thousands of United States sunken State craft,
wherever located.
(2) Sunken State craft are often the final resting places
of the crew and others who perished when the sunken State craft
sank.
(3) Sunken State craft also may be objects of an
archaeological, historical, scientific, or cultural nature.
(4) Sunken State craft may contain unexploded ordnance,
which could pose a danger if disturbed, and substances which,
if released, could cause harm to the marine environment, and
public health.
(5) There is a growing concern both in the United States
and internationally that advances in science and technology
have facilitated access to sunken State craft, resulting in
their unauthorized disturbance.
(6) It is in the interest of the United States to preserve
its maritime heritage by providing for the protection of United
States sunken State craft wherever located, foreign sunken
State craft located in United States Waters, and encouraging
other nations to protect United States sovereignty and
ownership of United States sunken State craft located outside
United States Waters.
(7) Sunken State craft indefinitely remain the property of
the flag State unless formal action is taken by the flag State
to abandon ownership or transfer title to another person.
(b) Definitions.--For the purposes of this section:
(1) The term ``sunken State craft'' means any sunken State
vessel, sunken State aircraft, associated contents, or any
portion thereof, title to which has not been abandoned or
transferred in a manner prescribed by the flag State.
(2) The term ``sunken State vessel'' means any warship,
naval auxiliary, or other public vessel within the meaning of
the Public Vessels Act (46 U.S.C. App. 781-790) and/or vessels
operated by or for the United States within the meaning of the
Suits in Admiralty Act (46 U.S.C. App. 741-750) and such
warship, naval auxiliary or public vessel of a foreign State
that sank while in government noncommercial service.
(3) The term ``sunken State aircraft'' means any military
aircraft or other aircraft, including spacecraft, owned or
operated by the United States or a foreign State, that sank
while in government noncommercial service.
(4) The term ``associated contents'' means the equipment,
cargo, and all contents on board the sunken State craft, as
well as the remains and personal effects of the crew and others
on board the sunken State craft when it sank.
(5) The term ``person'' means an individual, corporation,
partnership, trust, institution, association, or any other
public or private entity, whether foreign or domestic.
(6) The term ``Head of Agency'' means the government
official having authority, delegated or otherwise granted, over
any sunken State craft.
(7) The term ``United States Waters'' comprises United
States Internal Waters, the United States Territorial Sea, and
the United States Contiguous Zone.
(8) 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.
(9) The term ``United States Territorial Sea'' means the
waters extending 12 nautical miles seaward of the baseline from
which the breadth of the United States Territorial Sea is
measured.
(10) The term ``United States Contiguous Zone'' means the
contiguous zone of the United States as defined in Presidential
Proclamation 7219, September 2, 1999.
(11) The term ``United States Exclusive Economic Zone''
means the exclusive economic zone of the United States as
defined in Presidential Proclamation 5030, March 10, 1983.
(12) The term ``United States Outer Continental Shelf''
means all submerged lands lying seaward and outside of the area
of lands beneath navigable waters as defined in section 2 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
(c) Scope.--This section shall apply to--
(1) United States citizens, other persons over which the
United States exercises jurisdiction, United States flagged or
registered vessels, vessels owned or operated by United States
citizens or other persons over which the United States
exercises jurisdiction, and Stateless vessels or vessels
assimilated to a vessel without nationality, engaging in
activities directed at any sunken State craft wherever located;
and
(2) foreign nationals and foreign flagged or registered
vessels--
(A) engaging in activities directed at sunken State
craft located within the United States Territorial Sea
or United States Internal Waters;
(B) removing sunken State craft from the United
States Contiguous Zone;
(C) engaging in activities directed at any sunken
State craft located within the United States Contiguous
Zone, provided that those activities cause or threaten
damage to natural resources or otherwise interfere with the rights and
jurisdiction of the United States with regard to natural resources;
(D) engaging in activities directed at sunken State
craft located within the United States Exclusive
Economic Zone or on the United States Outer Continental
Shelf, provided that those activities cause or threaten
damage to natural resources or otherwise interfere with
the rights and jurisdiction of the United States with
regard to natural resources; or
(E) calling on or using United States ports or
offshore terminals, that engage in activities directed
at sunken State craft wherever located in violation of
the laws of the United States or of a foreign State.
(d) Application.--(1) This section shall not apply to actions taken
by, or at the direction of, the United States Government.
(2) No regulation promulgated pursuant to this section shall apply
to or be enforced against a person who is not a citizen, national, or
resident alien of the United States, unless in accordance with--
(A) generally recognized principles of international law;
(B) an agreement between the United States and the foreign
State of which the person is a citizen; or
(C) an agreement between the United States and the flag
State of a foreign vessel or aircraft, if the person is a crew
member or other person on the vessel or aircraft.
(3) The Secretary of State, in consultation with the Heads of
Agencies, is authorized to negotiate and conclude bilateral and
multilateral agreements with foreign States with regard to sunken State
craft consistent with this section.
(e) Title.--Notwithstanding any other provision of law--
(1) the United States retains title indefinitely to its
sunken State craft, and associated contents unless abandoned or
transferred in a manner prescribed by Congress.
(2) title to foreign sunken State craft is presumed to be
retained by the foreign flag State and may be abandoned or
transferred only in accordance with the law of the foreign flag
State.
(f) Passage of Time.--(1) Title to United States sunken State craft
wherever located shall not be extinguished by passage of time
regardless of when such United States sunken State craft sank.
(2) Title to foreign sunken State craft shall not be presumed to be
extinguished by passage of time regardless of when such foreign sunken
State craft sank.
(g) Authority of Agency Head.--(1) Each Head of Agency is hereby
authorized to promulgate regulations with regard to sunken State craft
under his or her authority as necessary to implement this section,
including regulations providing for--
(A) the issuance of a permit to a person in accordance with
section (i);
(B) the implementation of section (k); and
(C) the loan of United States sunken State craft between or
to universities, museums, or other institutions that provide
public access for research, education, and other public
purposes consistent with this section.
(2) The appropriate Head of Agency is hereby authorized to carry
out this section and any implementing regulations with regard to United
States sunken State craft subject to the authority of that Head of
Agency.
(3) At the request of any foreign State, the appropriate Head of
Agency may carry out section (i) and any implementing regulations
promulgated pursuant thereto with regard to any foreign sunken State
craft of that foreign State located in United States Waters.
(4) Each Head of Agency is hereby authorized to charge and retain
reasonable fees to offset expenses associated with the review of permit
applications and the issuance and administration of permits issued
under this section.
(h) Prohibitions.--(1) No sunken State craft of the United States
wherever located may be disturbed injured or removed except as
authorized by this section.
(2) No person may engage in an activity directed at a sunken State
craft that disturbs, removes or injures, or attempts to disturb, remove
or injure any sunken State craft covered by this section without the
express permission of the appropriate Head of Agency or his or her
designee.
(3) No person may possess, offer for sale, sell, purchase, import,
export, transport, deliver, carry, exchange, receive, or attempt to
purchase, import, export, transport, deliver, carry, exchange, or
receive any sunken State craft that was disturbed, removed, or injured
in violation of--
(A) the prohibitions contained in subsections (h)(1) and
(2), or
(B) any provision, rule, regulation, ordinance, or permit
in effect under any provision of Federal, foreign, or other
applicable law.
(i) Permits.--Without limitation on the discretion of Heads of
Agency regarding administration of United States sunken State craft for
which they may continue to be responsible regardless of sinking, the
United States, through the appropriate Head of Agency, shall have
permitting authority over those persons and vessels that are engaged
in, or propose to engage in, activities directed at any United States
sunken State craft wherever located, or any foreign sunken State craft
as provided by paragraph (3) of section (g).
(j) Liability for Damages.--(1) Except with the permission of the
appropriate Head of Agency or his or her designee, any person who
engages in an activity directed at a sunken State craft that disturbs,
removes, or injures any sunken State craft is liable for response
costs, enforcement costs, and damages resulting from such disturbance,
removal, or injury.
(2) Damages may include--
(A) the reasonable costs incurred in storage, restoration,
care, maintenance, conservation, and curation of any sunken
State craft disturbed, removed, or injured without
authorization; and
(B) the cost of retrieving any information of an
archaeological, historical, or cultural nature remaining from a
site where the sunken State craft was disturbed, removed, or
injured without authorization.
(k) Administrative Enforcement.--Any person who violates this
section, or any regulation or permit issued thereunder, may be assessed
a civil penalty by the Head of Agency concerned, or his or her
designee, after notice and an opportunity for a hearing. Such penalty
may not exceed $100,000, for each such violation, and each day of a
continued violation shall constitute a separate violation.
(l) Judicial Enforcement.--At the request of the appropriate Head
of Agency, the Attorney General may institute a civil action in an
appropriate district court of the United States to--
(1) recover response costs and damages resulting from a
violation of this section;
(2) seek a civil penalty not to exceed $200,000, against
any person who violates this section or regulation or permit
issued thereunder, or against any vessel, in rem, used in such
violation; or
(3) obtain such relief as may be necessary to abate an
imminent risk of disturbance of, removal of, or injury to any
sunken State craft as determined by the appropriate Head of
Agency, or if there has been actual disturbance of, removal of,
or injury to any sunken State 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.
(m) Rights of Foreign States.--(1) Consistent with this section,
foreign States may assert before any United States court their
sovereign interest in any sunken State craft located in United States
Waters or which is the subject of a case brought in a court of the
United States.
(2) Upon the request of a foreign State and consistent with this
section, the Attorney General is hereby authorized in his or her
discretion to appear in the courts of the United States to enforce this
section on behalf of such foreign State with regard to any of its
sunken State craft located in United States Waters or which is the
subject of a case brought in a court of the United States.
(n) Relationship to Other Laws.--(1) The law of finds shall not
apply to any United States sunken State craft wherever located or to
any foreign sunken State craft located in United States Waters.
(2) No salvage rights or awards shall be granted with respect to
any sunken State craft without the express permission of the flag
State.
(3) Nothing in this section is intended to alter the international
law of capture or prize with respect to sunken State craft.
(4) Nothing in sections 4281 through 4287, and 4289 of the Revised
Statutes (46 U.S.C. App. 181-188) and section 3 of the Act of February
13, 1893 (ch. 105, 27 Stat. 445, 46 U.S.C. App. 192) shall limit the
liability of any person under this section.
(5) Nothing in this section is intended to affect activities not
directed at a sunken State craft, or the traditional high seas freedoms
of navigation, the laying of submarine cables and pipelines, or other
internationally lawful uses of the sea related to these freedoms such
as the operation of ships and fishing, so long as these activities are
not undertaken as a subterfuge for activities prohibited by this
section.
(6) This section and any implementing regulations 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.
(7) Nothing in this section is intended to preclude or limit the
application of any other law enforcement authorities of the Commandant
of the United States Coast Guard.
(8) Nothing in this section shall invalidate any prior delegation,
authorization or related regulations consistent with this section.
(9) Each provision of this section is severable. If a court should
find any provision of this section to be unenforceable, all other
provisions shall remain in full force and effect.
(10) Nothing in this section is intended to prevent the United
States from pursuing criminal sanctions for plundering of wrecks,
larceny of government property, or other applicable criminal law.
(11) The Departments of Commerce, Defense, Homeland Security,
Interior, Justice, State, and the General Services Administration are
authorized to cooperate with the Head of Agency concerned as well as
with state and foreign government agencies on the protection and
management of sunken State craft wherever located, consistent with the
purposes of this section.
(12) Notwithstanding any other provision of law, abandonment of
sunken State craft may occur only as prescribed herein.
(o) Limitations.--An action to enforce a violation of this section
or any regulation or permit issued thereunder, may not be brought more
than eight years after all facts material to the right of action are
known or should have been known by the Head of Agency concerned, and
the defendant is subject to the jurisdiction of the appropriate United
States district court or administrative forum.
Subtitle C--Workplace and Depot Issues
SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM PERCENTAGE LIMITATION
ON CONTRACTING FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE
AND REPAIR WORKLOADS.
Section 2474(f)(1) of title 10, United States Code, is amended by
striking ``under any contract entered into during fiscal years 2003
through 2006''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2005, as follows:
(1) The Army, 482,400.
(2) The Navy, 365,900.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,700.
SEC. 402. NEW TITLE FOR THE VICE-CHIEF OF THE NATIONAL GUARD BUREAU.
(a) In General.--Section 10505 of title 10, United States Code, is
amended by striking ``Vice Chief of the National Guard Bureau'' each
place it appears and inserting ``Director of the Joint Staff of the
National Guard Bureau''.
(b) Clerical Amendments.--(1) The heading of such section is
amended by striking ``Vice Chief of the National Guard Bureau'' and
inserting ``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 by striking
``Vice Chief of the National Guard Bureau'' and inserting ``Director of
the Joint Staff of the National Guard Bureau''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2005, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 83,400.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 76,100.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2005, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 26,476.
(2) The Army Reserve, 14,970.
(3) The Naval Reserve, 14,152.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,225.
(6) The Air Force Reserve, 1,900.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2005 for the reserve components of the Army and
the Air Force (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. SPECIAL RULE FOR COMPUTING THE HIGH-36 MONTH AVERAGE FOR
RESERVE COMPONENT MEMBERS.
(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.--
``(A) High-36 month average for disability retired pay.--
The high-three average of a Reserve component member entitled
to retired pay under section 1201 or 1202 of this title, or a
spouse of a Reserve component member entitled to a survivor
benefit plan annuity under section 1448(d)(1)(B) of this title,
is the amount equal to--
``(i) the total amount of monthly basic pay to
which the member was entitled during the member's high-
36 months (or to which the member would have been
entitled if the member had served on active duty during
the entire period of the member's high-36 months),
divided by
``(ii) 36.
``(B) Short-term disability retired pay.--Notwithstanding
subparagraph (A), the high-three average of a Reserve component
member with less than 36 months who is entitled to retired pay
under section 1201 or 1202 of this title, or a spouse of a
Reserve component member entitled to a survivor benefit plan
annuity under section 1448(d)(1)(B) of this title, is the
amount equal to--
``(i) the total amount of monthly basic pay to
which the member was entitled during the entire period
the member was a member of a uniformed service before
being so retired (or to which the member would have
been entitled if the member had served on active duty
during the entire period the member was a member of a
uniformed service before being so retired), divided by
``(ii) the number of months (including any fraction
thereof) during which the member was a member before so
retiring.''.
(b) Effective Date.--For purposes of determining the annuity for
the spouse of a member who died while on active duty, the amendments
made by this section shall take effect as of September 10, 2001.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO ALL --REGULAR
STATUS.
(a) Eliminate Requirement That All Active Duty Officers Serve in a
Reserve Status for at Least One Year.--Section 532 of title 10, United
States Code, is amended by striking subsection (e).
(b) Amend the Qualifications for Original Appointment as a
Commissioned Officer.--Section 532 is further amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively; and
(2) by adding at the end the following new subsection:
``(f) The Secretary of Defense may waive the requirement of
subsection (a)(1) with respect to an alien lawfully admitted to
permanent residence when the Secretary determines that the national
security so requires.''.
(c) Eliminate Limitations Placed on Total Strength of Regular
Commissioned Officers Serving on the Active-Duty List.--Section 522 of
such title is repealed.
(d) Eliminate Senate Confirmation for Original Appointments of
Commissioned Officers.--Section 531(a) of such title is amended to read
as follows:
``(a) Original appointments in the grades of second lieutenant
through captain in the Regular Army, Regular Air Force, and Regular
Marine Corps and in the grades of ensign through lieutenant in the
Regular Navy shall be made by the President. The President may delegate
this authority to the Secretary of Defense. 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.''.
(e) Force Shaping Authority.--Chapter 36 of such title is amended
by adding after section 646 the following new section:
``Sec. 647. Force shaping authority
``(a) In General.--Under regulations prescribed by the Secretary
concerned, for force shaping purposes only, the Secretary may discharge
or transfer an officer on the active-duty list to the reserve active-
status list, who:
``(1) has 7 years or less of commissioned service; or-
``(2) has more than 7 years commissioned service, but has
not completed his minimum service obligation.
``(b) Definition.--In this section, the term `minimum service
obligation' means--
``(1) the initial period of required active duty service;
and
``(2) any additional period of required active duty service
incurred during the initial period of required active duty
service.''.
(f) Eligibility for Separation Pay Upon Involuntary Discharge.--
Section 1174(e)(2)(B) of such title is amended by inserting after
``service'' the following: ``, except under conditions as described in
section 647 of this title''.
(g) Eliminate Requirement for Oath Upon Transition From Active
Component to Reserve Component.--Section 12201(a) of such title is
amended by inserting after the first sentence the following new
sentence: ``An officer who transfers from the active-duty list to the
reserve active-status list is not required to subscribe to the oath
prescribed by section 3331 of title 5.''.
(h) Authority to Appoint Reserve Officers Transferred From the
Active-Duty List to the Reserve Active-Status List.--Section 12203 of
such title is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Notwithstanding the requirements of subsection (a),
appointments of officers transferred from the active-duty list to the
reserve active-status list shall be made by the Secretary concerned.''.
(i) Transfer of Officers From the Reserve Active-Status List to the
Active-Duty List.--Section 531 of such title is amended by adding at
the end the following new subsection:
``(c) Appointments in the Regular Army, Regular Air Force, Regular
Navy and Regular Marine Corps of officers holding Reserve commissions
may be made by the Secretary concerned.''.
(j) Exempt Ready Reserve Officers From the Active-Duty List.--
Section 641(1)(F) of such title is amended to read as follows:-
``(F) ordered to active duty under sections 12302 and 12304 of this
title;''
(k) Deletion of Requirement To Serve 6 Years in the Reserve
Component To Meet Retirement Eligibility.--Section 12731(a) of such
title is amended--
(1) by inserting ``and'' at the end of paragraph (2);
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(l) All Regular Officer Appointments for Students Attending the
University of Health Sciences.--Section 2114(b) of such title is
amended by striking ``Notwithstanding any other provision of law, they
shall serve on active duty in pay grade O-1 with full pay and
allowances of that grade. Upon graduation they shall be appointed in a
regular component, if qualified, unless they are covered by section
2115 of this title.'' and inserting ``Notwithstanding any other
provision of law, they shall be appointed in the regular component and
shall serve on active duty as an O-1 with full pay and allowances of
that grade. Upon graduation they shall be required to serve on active
duty unless covered by section 2115 of this title.''.
(m) Effective Date.--The amendments made by this section shall take
effect six months after the date of enactment of this Act.
SEC. 502. STRENGTH IN GRADE: COMMISSIONED OFFICERS IN GRADES BELOW
BRIGADIER GENERAL OR REAR ADMIRAL (LOWER HALF) IN AN
ACTIVE STATUS.
Section 12005(c)(1), of title 10, United States Code, is amended by
amending the table to read as follows:
``Colonel............................................ 2 percent
Lieutenant colonel................................... 8 percent
Major................................................ 16 percent
Captain.............................................. 39 percent
First lieutenant and second lieutenant (when combined 35 percent.''.
with the number authorized for general officer grades
under section 12004 of this title).
SEC. 503. JOINT DUTY CREDIT REQUIRED FOR PROMOTION TO FLAG OR GENERAL
OFFICER.
Section 619a(b) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``scientific and
technical'' and inserting ``a career field specialty''; and
(2) in paragraph (4), by striking ``if--'' and all that
follows and inserting ``if the officer's total consecutive
service in joint duty assignments within that immediate
organization meets the requirements of section 664 of this
title for full joint duty credit.''.
SEC. 504. REVISED PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
(a) In General.--Section 662(a) of title 10, United States Code, is
amended to read as follows:
``(a) Qualifications.--(1) The military departments shall establish
internal procedures and processes necessary to validate the
qualifications of active duty list officers assigned to joint duty
activities, as defined in section 668 of this title. These internal
measures will ensure an adequate number of senior colonels, or in the
case of the Navy, captains, are eligible for promotion to brigadier
general and rear admiral (lower half) to meet the requirements of
section 619a of this title.
``(2) The Secretary of Defense shall ensure that the qualifications
of officers assigned to joint duty assignments are such that--
``(A) officers who are serving on or have served on the
Joint Staff are expected, as a group, to be promoted to the
next higher grade at a rate not less than the rate for officers
of the same armed force in the same grade and competitive
category who are serving on the headquarters staff of their
armed force; and
``(B) officers (other than officers in subparagraph (A))
who are serving in or have served in joint duty assignments are
expected, as a group, to be promoted to the next higher grade
at a rate not less than the rate for all officers of the same
armed force in the same grade and competitive category.
``(3) The Secretary of Defense will develop policies to ensure
Secretaries of the military departments provide appropriate
consideration to joint service officers eligible for promotion
selection boards.''.
(b) Conforming Amendment.--Subsection (b) of such section is
amended by striking ``(1), (2), and (3)'' and inserting ``(1)(A) and
(1)(B)''.
SEC. 505. MODIFY LENGTH OF JOINT DUTY ASSIGNMENTS.
Section 664 of title 10, United States Code, is amended to read as
follows:
``Sec. 664. Length of joint duty assignments
``(a) Length of Joint Duty Assignments.--In the case of officers
serving in a grade not less than Major, or, in the case of the Navy,
Lieutenant Commander, the length of a joint duty assignment will mirror
the standard tour length the Secretary of Defense establishes for each
installation or location authorized for joint duty assignments as
specified in section 668 of this title. Joint duty credit is awarded as
provided by subsection (c). Duty at a qualified joint task force
headquarters requires one year of total service credited in the manner
specified in subsection (c).
``(b) Exclusions From Tour Length.--The Secretary of a military
department may request that the joint activity to which an officer is
assigned curtail the officer's joint assignment. The officer will
receive full credit for service when an assignment was curtailed from
the standards prescribed in subsection (a), provided the officer has
served at least 24 months in a joint position with a tour length of
greater than 24 months, or the full term of a Secretary of Defense-
established tour length, and the joint activity agreed to the
curtailment.
``(c) Full Credit for Joint Duty.--An officer shall be considered
to have completed a full tour of joint duty in a joint duty assignment
for the purposes of awarding full credit upon the completion of any of
the following:
``(1) A joint duty assignment that meets the standards
prescribed in subsection (a) or (b).
``(2) Accumulation of partial credit totaling one year of
service earned by service in one or more joint task force
headquarters as specified in subsection (a).
``(3) A joint duty assignment with respect to which the
Secretary of Defense has granted a waiver under subsection (d).
``(4) A second joint duty assignment that is less than 24
months, without regard to the nature of credit awarded to the
officer for his or her first assignment in a Joint Duty
Assignment List position.
``(d) Waiver Authority.--The Secretary of Defense may waive this
section when it is considered essential for military personnel
management. The Secretary may grant such a waiver only on a case-by-
case basis for a specific officer.''.
SEC. 506. MANAGEMENT OF JOINT SPECIALTY OFFICERS.
Section 661 of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) An officer will be designated with a joint specialty
officer identifier after the officer--
``(A) successfully completes a Chairman of the
Joint Chiefs of Staff accredited program from a joint
professional military education institution and
successfully completes a full tour of duty in a joint
duty assignment (not necessarily in this order); or
``(B) successfully completes two full tours of duty
in joint duty assignments.'';
(B) by striking paragraphs (2) and (3); and
(C) by redesignating paragraph (4) as paragraph
(2);
(2) by striking subsection (d);
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(4) by amending subsection (d), as redesignated by
paragraph (3), to read as follows:
``(d) Joint Specialty Officer Designation for General and Flag
Positions.--The Secretary shall ensure that general and flag officer
joint duty assignments that require officers with the joint specialty
will be designated as requiring a joint specialty officer. Once a
position is designated as requiring a joint specialty officer, a non-
joint specialty officer can be assigned to the position only if the
Secretary deems the assignment of a non-joint specialty officer
necessary and waives the requirement to assign a joint specialty
officer.''.
SEC. 507. ELIMINATE DISTRIBUTION QUOTAS FOR GENERAL AND FLAG OFFICERS
SERVING IN THE GRADES OF O-7 AND O-8.
Section 525 of title 10, United States Code, is amended--
(1) by repealing subsection (a); and
(2) by redesignating subsections (b), (c), and (d) as
subsections (a), (b), and (c), respectively.
SEC. 508. ELIMINATE MANDATORY RETIREMENT OF ACTIVE DUTY GENERAL AND
FLAG OFFICERS AFTER 30 YEARS OF SERVICE.
(a) In General.--Sections 635 and 636 of title 10, United States
Code, are repealed.
(b) Technical and Conforming Amendments.--(1) Section 637(b) of
such title is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(2) The table of sections at the beginning of subchapter III of
chapter 36 of such title is amended by striking the items relating to
sections 635 and 636.
SEC. 509. LENGTH OF TERMS FOR THE ASSISTANTS TO THE CHAIRMAN OF THE
JOINT CHIEFS OF STAFF FOR NATIONAL GUARD AND RESERVE
MATTERS.
Subsection (c) of section 901 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1853), is
amended by striking ``for a term of two years and may be continued in
that assignment in the same manner for one additional term. However, in
time of war there is no limit on the number of terms.''.
SEC. 510. LENGTH OF SERVICE FOR THE SENIOR LEADERS OF THE MILITARY
DEPARTMENTS.-
(a) Chief of Staff of the Army.--Paragraph (1) of section 3033(a)
of title 10, United States Code, is amended to read as follows:-
``(a)(1) There is a Chief of Staff of the Army, appointed for a
period of four years by the President, by and with the advice and
consent of the Senate, from the general officers of the Army. He serves
at the pleasure of the President, and the President may extend the
length of service as he determines necessary.''.-
(b) Chief of Naval Operations.--Paragraph (1) of section 5033(a) of
such title is amended to read as follows:-
``(a)(1) There is a Chief of Naval Operations, appointed by the
President, by and with the advice and consent of the Senate. The Chief
of Naval Operations shall be appointed for a term of four years, from
officers on the active-duty list in the line of the Navy who are
eligible to command at sea and who hold the grade of rear admiral or
above. He serves at the pleasure of the President, and the President
may extend the length of service as he determines necessary.''.
(c) Commandant of the Marine Corps.--Paragraph (1) of section
5043(a) of such title is amended to read as follows:-
``(a)(1) There is a Commandant of the Marine Corps, appointed by
the President, by and with the advice and consent of the Senate. The
Commandant shall be appointed for a term of four years from officers on
the active-duty list of the Marine Corps not below the grade of
colonel. He serves at the pleasure of the President, and the President
may extend the length of service as he determines necessary.''.-
(d) Chief of Staff of the Air Force.--Paragraph (1) of section
8033(a) of such title is amended to read as follows:-
``(a)(1) There is a Chief of Staff of the Air Force, appointed for
a period of four years by the President, by and with the advice and
consent of the Senate, from the general officers of the Air Force. He
serves at the pleasure of the President, and the President may extend
the length of service as he determines necessary.''.
SEC. 511. EXTENDING AGE LIMITS FOR ACTIVE DUTY GENERAL AND FLAG--
OFFICERS.
Section 1251, of title 10, United States Code, is amended to read
as follows:
Sec. 1251. Regular commissioned officers; exceptions-
``(a)(1) Unless retired or separated earlier, each regular
commissioned officer of the Army, Air Force, or Marine Corps serving in
a grade at or above brigadier general or rear admiral (lower half) in
the Navy shall be retired on the first day of the month following the
month in which the officer becomes 68 years of age.-
``(2) Notwithstanding paragraph (1), the Secretary of Defense may
defer the retirement of a general or flag officer, but such a deferment
may not extend beyond the first day of the month following the month in
which the officer becomes 72 years of age.-
``(b)(1) Unless retired or separated earlier, each regular
commissioned officer of the Army, Air Force, or Marine Corps (other
than an officer who is a permanent professor, director of admissions,
or registrar of the United States Military Academy or United States Air
Force Academy or a commissioned warrant officer) serving in a grade
below brigadier general or rear admiral (lower half) in the Navy shall
be retired on the first day of the month following the month in which
he becomes 62 years of age. An officer who is a permanent professor at
the United States Military Academy or United States Air Force Academy,
the director of admissions at the United States Military Academy, or
the registrar of the United States Air Force Academy shall be retired
on the first day of the month following the month in which he becomes
64 years of age.-
``(2) The Secretary concerned may defer the retirement under
paragraph (1) of a health professions officer if during the period of
the deferment the officer will be performing duties consisting
primarily of providing patient care or performing other clinical
duties.-
``(3) The Secretary concerned may defer the retirement under
paragraph (1) of an officer who is appointed or designated as a
chaplain if the Secretary determines that such deferral is in the best
interest of the military department concerned.-
``(4)(A) Except as provided in subparagraph (B), a deferment under
this subsection may not extend beyond the first day of the month
following the month in which the officer becomes 68 years of age.-
``(B) The Secretary concerned may extend a deferment under this
subsection beyond the day referred to in subparagraph (A) if the
Secretary determines that extension of the deferment is necessary for
the needs of the military department concerned. Such an extension shall
be made on a case-by-case basis and shall be for such period as the
Secretary considers appropriate.-
``(5) For purposes of this subsection, a health professions officer
is----
``(A) a medical officer;--
``(B) a dental officer; or-
``(C) an officer in the Army Nurse Corps, an officer in the
Navy Nurse Corps, or an officer in the Air Force designated as
a nurse.''.
SEC. 512. LATERAL REASSIGNMENT OF CERTAIN GENERALS AND ADMIRALS.
Subsection (a) of section 601 of title 10, United States Code, is
amended to read as follows:-
``(a)(1) The President may designate positions of importance and
responsibility to carry the grade of general or admiral or lieutenant
general or vice admiral. The President may assign to any such position
an officer of the Army, Navy, Air Force, or Marine Corps who is serving
on active duty in any grade above colonel or, in the case of an officer
of the Navy, any grade above captain. An officer assigned to any such
position has the grade specified by the President for such position, as
provided in paragraph (2).-
``(2) An officer may be appointed initially to the grade of general
or admiral or lieutenant general or vice admiral if he is appointed to
that grade by the President, by and with the advice and consent of the
Senate. If the President or Secretary of Defense reassigns such an
officer to another position of importance and responsibility at the
same grade, no further appointment to that grade is required unless the
position to which the officer is reassigned is established by law.-
``(3) Except as provided in subsection (b), the appointment of an
officer to a grade under this section for service in a position of
importance and responsibility ends on the date of the termination of
the assignment of the officer to that position.''.
SEC. 513. LENGTH OF SERVICE FOR THE CHAIRMAN AND VICE CHAIRMAN OF--THE
JOINT CHIEFS OF STAFF.
(a) Chairman of the Joint Chiefs of Staff.--Subsection (a) of
section 152 of title 10, United States Code, is amended----
(1) by amending paragraph (1) to read as follows:-
``(1) There is a Chairman of the Joint Chiefs of Staff,
appointed by the President, by and with the advice and consent
of the Senate, from the officers of the regular components of
the armed forces. The Chairman serves at the pleasure of the
President for a term of two years, and the President may
appoint the Chairman for additional two-year terms as he
determines necessary.''; and--
(2) by striking paragraph (3).-
(b) Vice Chairman of the Joint Chiefs of Staff.--Paragraph (3) of
section 154(a) of such title is amended to read as follows:-
``(3) The Vice Chairman serves at the pleasure of the President for
a term of two years, and the President may appoint the Vice Chairman
for additional two-year terms as he determines necessary.''.
SEC. 514. PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
Section 662(a)(3) of title 10, United States Code, is amended by
striking ``(other than officers covered in paragraphs (1) and (2))''.
Subtitle B--Reserve Component Management
SEC. 521. REVISED CONCEPT OF INACTIVE DUTY AND REPEAL OF FUNERAL HONORS
DUTY.-
(a) Definition of Inactive Duty.--(1) Section 101(d)(7) of title
10, United States Code, is amended by striking ``training''.-
(2) Section 101(22) of title 37, United States Code, is amended by
striking ``training''.
(b) Compensation for Inactive Duty.--Section 206 of title 37,
United States Code, is amended----
(1) by striking ``training'' in the section title;--
(2) in subsection (a)(3)-----
(A) in subparagraph (A)(ii), by striking
``training''; and--
(B) in subparagraph (C), by striking ``training''
each place it appears; and
(3) in paragraph (1) of subsection (b)--
(A) by inserting ``(to include telecommuting)''
after ``appropriate duties''; and
(B) by inserting ``or duty'' after ``kind of
training''.
(c) Repeal of Funeral Honors Duty.--(1)(A) Section 12503 of title
10, United States Code, is repealed.
(B) The table of sections at the beginning of chapter 1213 of such
title is amended by striking the item relating to section 12503.-
(2)(A) Section 115 of title 32, United States Code, is repealed.
(B) The table of sections at the beginning of chapter 1 of such
title 32 is amended by striking the item relating to section 115.
(c) Conforming Amendments.--
(1) Section 802 of title 10, United States Code, is
amended--
(A) in paragraph (3) of subsection (a), by striking
``inactive-duty training'' and inserting ``inactive
duty''; and
(B) in subsection (d)--
(i) in paragraph (2)(B), by striking
``inactive-duty training'' and inserting
``inactive duty''; and
(ii) in paragraph (5)(B), by striking
``inactive-duty training'' and inserting
``inactive duty''.
(2) Section 803(d) of such title is amended by striking
``inactive-duty training'' and inserting ``inactive duty'' each
place it appears.
(3) Section 936 of such title is amended--
(A) in subsection (a), by striking ``inactive-duty
training'' and inserting ``inactive duty''; and
(B) in subsection (b), by striking ``inactive-duty
training'' and inserting ``inactive duty''.
(4) Section 976(a)(1)(C) of such title is amended by
striking ``inactive-duty training'' and inserting ``inactive
duty''.
(5) Section 1061(b) of such title is amended by striking
``inactive-duty training'' each place it appears and inserting
``inactive duty''.
(6) Section 1074a(a) of such title is amended--
(A) in paragraph (1)--
(i) by striking ``inactive-duty training''
each place it appears and inserting ``inactive
duty''; and
(ii) by striking subparagraph (C).
(B) in paragraph (2)--
(i) by striking ``inactive-duty training''
each place it appears and inserting ``inactive
duty''; and
(ii) by striking subparagraph (C).
(C) in paragraph (3), by striking ``inactive-duty
training'' each place it appears and inserting
``inactive duty''; and
(D) by striking paragraph (4).
(7) Section 1076(a)(2) of such title is amended--
(A) by striking ``inactive-duty training'' each
place it appears and inserting ``inactive duty''; and
(B) by striking subparagraph (E).
(8) Section 1086(c)(2)(B) of such title is amended by
striking ``inactive-duty training'' each place it appears and
inserting ``inactive duty''.
(9) Section 1175(e)(2) of such title is amended by striking
``training''.
(10) Section 1204 of such title is amended--
(A) by striking ``inactive-duty training'' in the
section heading and inserting ``inactive duty''; and
(B) in paragraph (2)--
(i) by striking ``inactive-duty training''
each place it appears and inserting ``inactive
duty'';
(ii) by inserting ``or'' at the end of
clause (ii);
(iii) by striking ``or'' at the end of
clause (iii); and
(iv) by striking subparagraph (C).
(11) Section 1206 of such title is amended--
(A) by striking ``inactive-duty training'' in the
section heading and inserting ``inactive duty''; and
(B) by amending paragraph (2) to read as follows:
``(2) the disability is a result of an injury, illness, or
disease incurred or aggravated in line of duty while--
``(A) performing active duty or inactive duty;
``(B) traveling directly to or from the place at
which such duty is performed; or
``(C) remaining overnight immediately before the
commencement of inactive duty, or while remaining
overnight between successive periods of inactive-duty
training, at or in the vicinity of the site of the
inactive duty, if the site is outside reasonable
commuting distance of the member's residence.''.
(12)(A) Section 12552 is repealed.
(B) The table of sections at the beginning of
chapter 1215 of such title is amended by striking the
item relating to 12552.
(13) Section 1471(b)(3)(A) of such title is amended by
striking ``training'' each place it appears.
(14) Section 1475 of such title is amended--
(A) by striking ``training'' in the heading; and
(B) in subsection (a)--
(i) in paragraph (2), by striking
``training''; and
(ii) in paragraph (3), by striking
``training'' the second and fourth place it
appears.
(15) Section 1476 of such title is amended--
(A) by striking ``training'' in the heading; and
(B) in subsection (a), by striking ``inactive-duty
training'' each place it appears and inserting
``inactive duty''.
(16) Section 1478(a) of such title is amended--
(A) in paragraph (3), by striking ``training'' each
place it appears;
(B) in paragraph (7)--
(i) by striking ``training'' the first
place it appears; and
(ii) by striking ``or training''; and
(C) in paragraph (8), by striking ``training'' each
place it appears.
(17) Section 1481(a)(2) of such title is amended----
(A) by striking ``inactive-duty training'' each
place it appears and inserting ``inactive duty'';
(B) by striking ``; or'' at the end of subparagraph
(E) and inserting a period; and
(C) by striking subparagraph (F).
(18) Section 2031(d)(2) of such title is amended by
striking ``training''.
(19) Section 9446(a)(3) of such title is amended by
striking ``inactive-duty training'' and inserting ``inactive
duty''.
(20) Section 10204(b) of such title is amended by striking
``inactive duty training'' and inserting ``inactive duty''.
(21) Section 12317 of such title is amended by striking
``training''.
(22) Section 12319(c) of such title is amended--
(A) by striking ``inactive-duty training'' each
place it appears and inserting ``inactive duty''; and
(B) by striking ``that training'' and inserting
``such duty''.
(23) Section 12602 of such title is amended--
(A) in subsection (a)(3), by striking ``inactive-
duty training'' each place it appears and inserting
``inactive duty''; and
(B) in subsection (b)(3), by striking ``inactive-
duty training'' each place it appears and inserting
``inactive duty''.
(24) Section 12603 of such title is amended--
(A) by striking ``inactive-duty training'' in the
section heading and inserting ``inactive duty''; and
(B) in subsection (a)--
(i) by striking ``training'' the first
place it appears; and
(ii) by striking ``the training'' and
inserting ``such duty''.
(25) Section 12604 of such title is amended--
(A) by striking ``inactive-duty training'' in the
section heading and inserting ``inactive duty''; and
(B) in subsection (a), by striking ``inactive-duty
training'' and inserting ``inactive duty''.
(26) Section 12732(a) of such title is amended--
(A) in paragraph (2), by striking subparagraph (E);
and
(B) by striking ``clauses (A), (B), (C), (D), and
(E)'' and inserting ``clauses (A), (B), (C), and (D)''.
(27) Section 18505 of such title is amended--
(A) by striking ``inactive-duty training'' in the
section heading and inserting ``inactive duty''; and
(B) in subsection (a), by striking ``inactive-duty
training'' each place it appears and inserting
``inactive duty''.
(28) Section 114 of title 32, United States Code, is
amended by striking the second sentence.
(29) Section 101(22) of title 37, United States Code, is
amended by striking ``inactive-duty training'' and inserting
``inactive duty''.
(30) Section 204 of such title is amended--
(A) in subsection (g)(1)--
(i) in subparagraph (B), by striking
``inactive-duty training'' and inserting
``inactive duty'';
(ii) in subparagraph (C), by striking ``or
training'';
(iii) in subparagraph (D)--
(I) by striking ``inactive-duty
training'' each place it appears and
inserting ``inactive duty''; and
(II) by striking ``; or'' at the
end and inserting a period; and
(iv) by striking subparagraph (E); and
(B) in subsection (h)(1)--
(i) in subparagraph (B), by striking
``inactive-duty training'' and inserting
``inactive duty'';
(ii) in subparagraph (C), by striking ``or
training'';
(iii) in subparagraph (D)--
(I) by striking ``inactive-duty
training'' each place it appears and
inserting ``inactive duty''; and
(II) by striking ``; or'' at the
end and inserting a period; and
(iv) by striking subparagraph (E).
(31) Section 205(e)(2)(A) of such title is amended by
striking ``inactive-duty training'' and inserting ``inactive
duty''.
(32) Section 206 of such title is amended--
(A) by striking ``inactive-duty training'' in the
section heading and inserting ``inactive duty''; and
(B) in subsection (a)(3)--
(i) in subparagraph (A)(ii), by striking
``inactive-duty training'' and inserting
``inactive duty'';
(ii) in subparagraph (B), by striking ``or
training''; and
(iii) in subparagraph (C), by striking
``inactive-duty training'' each place it
appears and inserting ``inactive duty''.
(33) Section 308d(a) of such title is amended by striking
``for training''.
(34) Section 320(e) of such title is amended by striking
``Training'' in the heading.
(35) Section 415 of such title is amended--
(A) in subsection (a)(3), by striking ``inactive-
duty training'' and inserting ``inactive duty''; and
(B) in subsection (c)(1), by striking ``training
status''.
(36) Section 433(d) of such title is amended by striking
``inactive-duty training'' and inserting ``inactive duty''.
(37) Section 552 of such title is amended--
(A) in subsection (a), by striking ``inactive-duty
training'' each place it appears and inserting
``inactive duty''; and
(B) in subsection (d), by striking ``inactive-duty
training'' and inserting ``inactive duty''.
(38) Section 106(d)(1) of title 38, United States Code, is
amended by striking ``inactive duty for training'' each place
it appears and inserting ``inactive duty''.
(39) Section 1112(c)(3)(A)(ii) of such title is amended by
striking ``training'' the second place it appears.
(40) Section 1302(b)(2) of such title is amended by
striking ``training'' the second place it appears.
(41) Section 1312(a)(2)(A) of such title is amended by
striking ``training'' the second place it appears.
(42) Section 1965 of such title is amended--
(A) in paragraph (3), by striking ``training'';
(B) in paragraph (4), by striking ``training'' the
second and third place it appears; and
(C) in paragraph (5), by striking ``inactive duty
for training'' each place it appears and inserting
``inactive duty''.
(43) Section 1967 of such title is amended--
(A) in subsection (a)(1)(B), by striking ``inactive
duty training'' and inserting ``inactive duty''; and
(B) in subsection (b), by striking ``inactive duty
training'' each place it appears and inserting
``inactive duty''.
(44) Section 1968 of such title is amended--
(A) in subsection (a)--
(i) by striking ``inactive duty training''
and inserting ``inactive duty'';
(ii) in paragraph (3)--
(I) by striking ``inactive duty
training'' and inserting ``inactive
duty'';
(II) by striking ``such scheduled
training period'' and inserting ``such
scheduled duty'';
(III) by striking ``such period''
and inserting ``such duty''; and
(IV) by striking ``such training''
and inserting ``such duty''.
(B) in subsection (b)(2), by striking ``inactive
duty training'' and inserting ``inactive duty''.
(45) Section 1969(a)(3) of such title is amended by
striking ``inactive duty training'' and inserting ``inactive
duty''.
(46) Section 1977(e) of such title is amended by striking
``inactive duty training'' and inserting ``inactive duty''.
(47) Section 2402(2) of such title is amended by striking
``inactive duty training'' and inserting ``inactive duty''.
(48) Section 4303 of such title is amended--
(A) in paragraph (13)--
(i) by striking ``inactive duty training''
and inserting ``inactive duty''; and
(ii) by striking ``, and a period for which
a person is absent from employment for the
purpose of performing funeral honors duty as
authorized by section 12503 of title 10 or
section 115 of title 32''; and
(B) in paragraph (16), by striking ``inactive duty
training'' and inserting ``inactive duty''.
(49) Section 704 of title 14, United States Code, is
amended by striking ``inactive-duty training'' and inserting
``inactive duty''.
(50) Section 705(a) of such title is amended by striking
``inactive-duty training'' and inserting ``inactive duty''.
(51) Section 6323(a)(1) of title 5, United States Code, is
amended--
(A) by striking ``inactive-duty training'' and
inserting ``inactive duty''; and
(B) by striking ``funeral honors duty (as described
in section 12503 of title 10 and section 115 of title
32),''.
(52) Section 3121(m) of the Internal Revenue Code of 1986
(26 U.S.C. 3121(m)) is amended--
(A) in paragraph (1)(B), by striking ``training'';
and
(B) in paragraph (3), by striking ``training'' each
place it appears.
SEC. 522. AUTHORIZED STRENGTHS OF NAVY AND MARINE CORPS RESERVE FLAG
AND GENERAL OFFICERS.
Section 12004 of title 10, United States Code, is amended--
(1) by amending subsection (c) to read as follows:
``(c) The authorized strength of the Navy and Marine Corps under
subsection (a) is exclusive of officers counted under section 526 of
this title.'';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
SEC. 523. MANDATORY RETENTION ON ACTIVE DUTY TO QUALIFY FOR RETIREMENT
PAY.
Section 12686 of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Non-Regular Retirement Exclusion.--This section does not
apply to a member who, if continued on active duty, will only qualify
for retirement under chapter 1223 of this title for non-regular
service.''.
SEC. 524. AMENDMENT TO THE PURPOSE OF THE RESERVE COMPONENTS.
Subsection 10102 of title 10, United States Code, is amended by
striking ``, during and after the period needed to procure and train
additional units and qualified persons to achieve the planned
mobilization,''.
SEC. 525. ACCOUNTING AND MANAGEMENT OF NATIONAL GUARD AND RESERVE
PERSONNEL PERFORMING ACTIVE OR FULL-TIME DUTY.
(a) Strength Authorizations.--Section 115 of title 10, United
States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``active-duty
personnel who'' and inserting ``active-duty personnel
(other than members of a Reserve component described in
subsection (b)(2)) who'';
(B) in subparagraph (B), by inserting before the
period at the end the following: ``in connection with
organizing, administering, recruiting, instructing, or
training the reserve components of the armed forces to
perform duties as prescribed in section 12310 of this
title'';
(2) by striking subsection (h);
(3) by redesignating subsections (b), (c), (d), (e), (f),
and (g) as subsections (c), (d), (e), (f), (g), and (h),
respectively;
(4) by inserting after subsection (a) the following new
subsection (b):
``(b) Certain Reserves on Active Duty To Be Authorized by Law.--
Except as authorized under subsection (a)(1), Congress shall authorize
the maximum average strength for members of a Reserve component on
active duty (other than for training) or full time National Guard duty
(other than for training) who are to be paid from funds appropriated
for--
``(1) reserve personnel; or
``(2) active duty personnel, to include funds reimbursed to
reserve appropriations for National Guard or reserve personnel
to perform active duty or full-time National Guard duty
provided--
``(A) the period of duty is for three years or
less; and
``(B) the cumulative periods of active duty (other
than for training) and full-time National Guard duty
(other than for training) performed by the member in
the previous 1460 days is less than 1095 days.'';
(5) in subsection (e) (as redesignated by paragraph (3))--
(A) in paragraph (1), by striking ``subsection (a)
or (c)'' and inserting ``subsection (a) or (d)''; and
(B) in paragraph (2)--
(i) by striking ``subsection (a) and (c)'';
and inserting ``subsection (a) and (d)'';
(ii) by striking ``subsection (a) (as such
levels may be adjusted pursuant to subsection
(e)) and subsection (c)'' and inserting
``subsection (a) (as such levels may be
adjusted pursuant to subsection (f)) and
subsection (d)''; and
(iii) by striking ``subsection (a) (as
adjusted pursuant to subsection (e)) and
subsection (c)'' and inserting ``subsection (a)
(as adjusted pursuant to subsection (f)) and
subsection (d)'';
(6) in subsection (f) (as redesignated by paragraph (3))--
(A) by striking ``End'' in the heading;
(B) by striking ``and'' at the end of paragraph
(2);
(C) in paragraph (3), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(4) increase the strength authorized pursuant to
subsection (b), notwithstanding the restrictions of
subparagraph (A) and (B) of paragraph (2), for a fiscal year
for any of the armed forces by a number equal to the number of
members--
``(A) of a reserve component of that armed force on
active duty in support of a contingency operation;
``(B) of the National Guard called into Federal
service under section 12406 of this title;
``(C) of the militia called into Federal service
under chapter 15 of this title; and
``(D) of a reserve component called to or retained
on active duty under section 12301(g), 12301(h) or
12322 of this title.''; and
(7) in paragraph (2) of subsection (g) (as redesignated by
paragraph (3)), by striking ``subsection (e)(1)'' and inserting
``subsection (f)(1)''.
(b) Military to Military Contact Strength Accounting.--Section 168
of such title is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(c) 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 (b) of this title''.
(d) Field Grade Officer Strength Accounting.--Subparagraph (B) of
section 523(b)(1) of such title is amended to read as follows:
``(B) on active duty or full-time National Guard duty as
authorized under section 115(a)(1)(B) or (b) of this title.'';
(e) Active Guard and Reserve Field Grade Officer Strength
Accounting.--Paragraph (2) of section 12011(e) of such title is amended
by inserting before the period at the end the following: ``in
connection with organizing, administering, recruiting, instructing, or
training members of the National Guard''.
(f) Warrant Officer Active-Duty List Exclusion.--Paragraph (1) of
section 582 of such title is amended--
(1) by inserting ``or'' after the semicolon at the end of
subparagraph (A);
(2) by amending subparagraph (B) to read as follows:
``(B) on active duty or full-time National Guard duty as
authorized under section 115(a)(1)(B) or (b) of this title.'';
and
(3) by striking subparagraphs (C), (D), and (E).
(g) Officer Active-Duty List, Applicability of Chapter.--Paragraph
(1) of section 641 of such title 10, United States Code, is amended--
(1) by inserting ``or'' after the semicolon at the end of
subparagraph (A);
(2) by amending subparagraph (B) to read as follows:
``(B) on active duty or full-time National Guard duty as
authorized under section 115(a)(1)(B) or (b) of this title.'';
and
(3) by striking subparagraphs (C), (D), (E), (F), (G), and
(H).
(h) Strength Accounting for Members Performing Drug Interdiction
and Counter-Drug Activities.--Section 112 of title 32, United States
Code, is amended--
(1) by amending subsection (e) to read as follows:
``(e) Strength Accounting.--Members of the National Guard on active
duty or full-time National Guard duty for the purposes of administering
this section shall be accounted for under section 115(b) of title
10.''; and
(2) in subsection (f)(1), by striking ``for a period of
more than 180 days'' each place it appears.
SEC. 526. WAIVE REQUIREMENT THAT RESERVE CHIEFS AND NATIONAL GUARD
DIRECTORS MUST HAVE SIGNIFICANT JOINT DUTY EXPERIENCE.
(a) Chief of Army Reserve.--Section 3038(b)(4) of title 10, United
States Code, is amended by striking ``Until December 31, 2004, the''
and inserting ``The''.
(b) Chief of Naval Reserve.--Section 5143(b)(4) of such title is
amended by striking ``Until December 31, 2004, the'' and inserting
``The''.
(c) Commander Marine Forces Reserve.--Section 5144(b)(4) of such
title is amended by striking ``Until December 31, 2004, the'' and
inserting ``The''.
(d) Chief of Air Force Reserve.--Section 8038(b)(4) of such title
is amended by striking ``Until December 31, 2004, the'' and inserting
``The''.
(e) Director, Army National Guard and Director, Air National
Guard.--Section 10506(a)(3)(D) of such title is amended by striking
``Until December 31, 2004, the'' and inserting ``The''.
SEC. 527. EXTENDING AGE LIMITS FOR RESERVE AND NATIONAL GUARD GENERAL
AND FLAG OFFICERS.
(a) Maximum Age for Reserve Component General and Flag Officers.--
(1) Section 14511 of title 10, United States Code, is amended to read
as follows:
``Sec. 14511. Separation at age 68: reserve officers in grades above
colonel or Navy captain
``(a) Maximum Age.--Unless retired, transferred to the Retired
Reserve, or discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in a grade above colonel and each
reserve officer of the Navy in a grade above captain shall be separated
in accordance with section 14515 of this title on the last day of the
month in the month in which the officer becomes 68 years of age.
``(b) Retention Beyond Age 68.--Notwithstanding subsection (a), the
Secretary of Defense may defer the retirement of a reserve officer
serving in a grade above colonel in the case of the Army, Air Force, or
Marine Corps, or a reserve officer serving in a grade above captain in
the case of the Navy, but such a deferment may not extend beyond the
last day of the month following the month in which the officer becomes
72 years of age.''.
(2) Sections 14510 and 14512 of such title are repealed.
(b) Repeal Years of Service Requirement for Reserve Component
General and Flag Officer.--Section 14508 of such title is repealed.
(c) Elimination of Term Limitation for Reserve Component General
and Flag Officer Positions.--(1) Section 10502 of such title is
amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(2) Subsection (a) of section 10505 of such title is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3).
(3) Subsection (c) of section 3038 of such title is amended to read
as follows:
``(c) Grade.--The Chief of Army Reserve, while so serving, holds
the grade of lieutenant general.'';
(4) Subsection (c) of section 5143 of such title is amended to read
as follows:
``(c) Grade.--The Chief of Naval Reserve, while so serving, holds
the grade of vice admiral.'';
(5) Subsection (c) of section 5144 of such title is amended to read
as follows:
``(c) Grade.--The Commander, Marine Forces Reserve, while so
serving, holds the grade of lieutenant general.'';
(6) Subsection (c) of section 8038 of such title is amended to read
as follows:
``(c) Grade.--(1) The Chief of Air Force Reserve, while so serving,
holds the grade of lieutenant general.'';
(7) Paragraph (3) of section 10506(a) of such title is amended by
striking subparagraph (E).
(d) Conforming Amendments.--(1) Section 10214 of such title is
amended by striking ``sections 12004(b)(1), 12215, 12642(c), 14507(b),
14508(e), and 14512'' and inserting ``sections 12004(b)(1), 12215,
12642(c), and 14507(b)''.
(2) Section 14514 of such title is amended by striking ``section
14507, 14508, 14704, or 14705'' and inserting ``section 14507, 14704,
or 14705''.
(3) Section 14515 of such title is amended by striking ``section
14509, 14510, 14511, or 14512'' and inserting ``section 14509 or
14511''.
(4) Section 14702 of such title is amended by striking ``section
14506, 14507, or 14508'' and inserting ``section 14506 or 14507''.
(5) Section 14705 of such title is repealed.
(6) The table of sections at the beginning of chapter 1407 of such
title is amended--
(A) by amending the item relating to section 14511 to read
as follows:
``14511. Separation at age 68: reserve officers in grades above colonel
or Navy captain.'';
and
(B) by striking the items relating to sections 14508,
14510, and 14512.
(7) Subsection (a) of section 324 of title 32, United States Code,
is amended by striking ``An officer'' and inserting ``Except as
provided in section 14511 of title 10, an officer''.
SEC. 528. EXPANDED USE OF RESERVE COMPONENT MEMBERS TO PERFORM
DEVELOPMENTAL TESTING AND NEW EQUIPMENT TRAINING.
(a) Reimbursement.--The Secretary of the Army may transfer from
funds available to support an acquisition program the amount necessary
to reimburse the appropriate reserve component military personnel
account for costs charged that account for military pay and allowances
in connection with the demonstration program described in subsection
(b).
(b) Demonstration Program.--(1) A demonstration program under this
section shall evaluate--
(A) cost savings and other benefits that may result from
the use of members of the reserve components to perform test,
evaluation, and related activities for an acquisition program,
rather than the use of contractor personnel for such purposes;
and
(B) the use of appropriations available for multi-year
research, development, testing and evaluation and procurement
to reimburse reserve components for the pay, allowances, and
expenses incurred when such members perform duties to conduct
acquisition, logistics, and new equipment training activities
in connection with the demonstration program.
(2) Nothing in this section authorizes a deviation from established
Reserve and National Guard personnel and training procedures.
(c) Limitation on Amount.--Not more than $10,000,000 may be
transferred under this section during each year of the demonstration
program.
(d) Merger of Transferred Funds.--Funds transferred to an account
under this section shall be merged with other sums in the account and
shall be available for the same period and purposes as the sums with
which merged.
(e) Relationship to Other Transfer Authority.--The transfer
authority under this section is in addition to any other transfer
authority.
(f) Termination.--The demonstration program under this section
shall terminate on September 30, 2009.
Subtitle C--ROTC and Military Service Academies
SEC. 531. INSTITUTIONS OF HIGHER EDUCATION THAT PREVENT ROTC ACCESS OR
MILITARY RECRUITING ON CAMPUS; EQUAL TREATMENT WITH OTHER
EMPLOYERS.
Section 983(b)(1) of title 10, United States Code, is amended by
striking ``; or'' at the end and inserting ``, that is at least equal
in quality and scope to that provided to any other employer; or''.
SEC. 532. BOARD OF VISITORS; UNITED STATES AIR FORCE ACADEMY; UNITED
STATES MILITARY ACADEMY; UNITED STATES NAVAL ACADEMY.
(a) 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
of--
``(1) two members of the Senate designated by the Vice
President or the President pro tempore of the Senate;
``(2) one person, who is not a member of the Senate, as
designated by the Vice President or the President pro tempore
of the Senate;
``(3) three members of the House of Representatives
designated by the Speaker of the House of Representatives;
``(4) one person, who is not a member of the House of
Representatives, designated by the Speaker of the House of
Representatives; and
-``(5) eight persons designated by the President, or his
designee.
``(b) All Board members will pledge full participation in executing
their responsibilities to the Board. The persons designated by the
President serve for three years each except that any member whose term
of office has expired shall continue to serve until his successor is
appointed. The President shall designate replacement members each year
to succeed the members appointed by the President whose terms expire
that year. At least two persons designated by the President shall be
graduates of the Air Force Academy.
``(c) If a member of the Board dies or resigns, a successor shall
be designated for the unexpired portion of the term by the official who
designated the member. If a member fails to attend or fully participate
in two successive Board meetings, Board membership will be
automatically terminated, unless granted prior excusal from those
meetings, for good cause, by the Board Chairman.
``(d) When possible, 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.
``(e) Board meetings should last at least one full day. 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 which the Board
decides to consider and receive candid and complete disclosure,
consistent with applicable laws concerning disclosure of information,
by the Secretary of the Air Force and Academy Superintendent of all
institutional problems, and to recommend appropriate action. Board
members shall have unfettered access to Academy grounds and cadets.
``(f) Within 30 days after any meeting, the Board shall submit a
written report to the Secretary of Defense, through the Secretary of
the Air Force, with its views and recommendations pertaining to the
Academy.
``(g) Upon approval by the Secretary, the Board may call in
advisers for consultation.
``(h) While performing duties, each member of the Board and each
adviser shall be reimbursed under Government travel regulations for
travel expenses.''.
(b) United States Military Academy.--Section 4355 of such title is
amended to read as follows:
``Sec. 4355. Board of Visitors
``(a) A Board of Visitors to the Academy is constituted annually
of--
``(1) two members of the Senate designated by the Vice
President or the President pro tempore of the Senate;
``(2) one person, who is not a member of the Senate, as
designated by the Vice President or the President pro tempore
of the Senate;
``(3) three members of the House of Representatives
designated by the Speaker of the House of Representatives;
``(4) one person, who is not a member of the House of
Representatives, designated by the Speaker of the House of
Representatives; and
``(5) eight persons designated by the President, or his
designee.
``(b) All Board members will pledge full participation in executing
their responsibilities to the Board. The persons designated by the
President serve for three years each except that any member whose term
of office has expired shall continue to serve until his successor is
appointed. The President shall designate replacement members each year
to succeed the members appointed by the President whose terms expire
that year. At least two persons designated by the President shall be
graduates of the United States Military Academy.
``(c) If a member of the Board dies or resigns, a successor shall
be designated for the unexpired portion of the term by the official who
designated the member. If a member fails to attend or fully participate
in two successive Board meetings, Board membership will be
automatically terminated, unless granted prior excusal from those
meetings, for good cause, by the Board Chairman.
``(d) When possible, 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.
``(e) Board meetings should last at least one full day. 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 which the Board
decides to consider and receive candid and complete disclosure,
consistent with applicable laws concerning disclosure of information,
by the Secretary of the Army and Academy Superintendent of all
institutional problems, and to recommend appropriate action. Board
members shall have unfettered access to Academy grounds and cadets.
``(f) Within 30 days after any meeting, the Board shall submit a
written report to the Secretary of Defense, through the Secretary of
the Army, with its views and recommendations pertaining to the Academy.
``(g) Upon approval by the Secretary, the Board may call in
advisers for consultation.
``(h) While performing duties, each member of the Board and each
adviser shall be reimbursed under Government travel regulations for
travel expenses.''.
(c) United States Naval Academy.--Section 6968 of such title is
amended to read as follows:
``Sec. 6968. Board of Visitors
``(a) A Board of Visitors to the Naval Academy is constituted
annually of--
``(1) two members of the Senate designated by the Vice
President or the President pro tempore of the Senate;
``(2) one person, who is not a member of the Senate, as
designated by the Vice President or the President pro tempore
of the Senate;
``(3) three members of the House of Representatives
designated by the Speaker of the House of Representatives;
``(4) one person, who is not a member of the House of
Representatives, designated by the Speaker of the House of
Representatives; and
``(5) eight persons designated by the President, or his
designee.
``(b) All Board members will pledge full participation in executing
their responsibilities to the Board. The persons designated by the
President serve for three years each except that any member whose term
of office has expired shall continue to serve until his successor is
appointed. The President shall designate replacement members each year
to succeed the members appointed by the President whose terms expire
that year. At least two persons designated by the President shall be
graduates of the United States Naval Academy.
``(c) If a member of the Board dies or resigns, a successor shall
be designated for the unexpired portion of the term by the official who
designated the member. If a member fails to attend or fully participate
in two successive Board meetings, Board membership will be
automatically terminated, unless granted prior excusal from those
meetings, for good cause, by the Board Chairman.
``(d) When possible, 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.
``(e) Board meetings should last at least one full day. 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 which the Board
decides to consider and receive candid and complete disclosure,
consistent with applicable laws concerning disclosure of information,
by the Secretary of the Navy and Academy Superintendent of all
institutional problems, and to recommend appropriate action. Board
members shall have unfettered access to Academy grounds and cadets.
``(f) Within 30 days after any meeting, the Board shall submit a
written report to the Secretary of Defense, through the Secretary of
the Navy, with its views and recommendations pertaining to the Academy.
``(g) Upon approval by the Secretary, the Board may call in
advisers for consultation.
``(h) While performing duties, each member of the Board and each
adviser shall be reimbursed under Government travel regulations for
travel expenses.''.
SEC. 533. DEAN OF THE FACULTY; DEAN OF ACADEMIC BOARD.
(a) United States Air Force Academy.--Section 9335 of title 10,
United States Code, is amended to read as follows:
``Sec. 9335. Dean of the Faculty
``(a) There shall be a Dean of the Faculty at the Academy
responsible to the Superintendent for developing and sustaining the
curriculum and overseeing the faculty. Notwithstanding any other
provision in law, the qualifications, selection procedures, training,
retention, and determinations of appropriate pay grade of the Dean of
Faculty shall be prescribed by the Secretary of the Air Force.
Candidates for Dean of Faculty shall be serving officers or retired or
former officers with terminal degrees. The Dean may be either a
military officer or a civilian.
``(b) While serving as Dean of the Faculty, an officer incumbent
who holds a grade lower than brigadier general shall hold the grade of
brigadier general, if appointed to that grade by the President, by and
with the advice and consent of the Senate. The retirement age of an
officer so appointed is that of a permanent professor of the Academy.
An officer so appointed is counted for purposes of the limitation in
section 526(a) of this title on general officers of the Air Force on
active duty. A civilian incumbent will be designated as a member of the
Senior Executive Service.''.
(b) United States Military Academy.--Section 4335 of such title is
amended to read as follows:-
``Sec. 4335. Dean of Academic Board
``(a) There shall be a Dean of the Academic Board at the Academy
responsible to the Superintendent for developing and sustaining the
curriculum and overseeing the faculty. Notwithstanding any other
provision in law, the qualifications, selection procedures, training,
retention, and determinations of appropriate pay grade of the Dean of
the Academic Board shall be prescribed by the Secretary of the Army.
Candidates for Dean of Faculty shall be serving officers or retired or
former officers with terminal degrees. The Dean may be either a
military officer or a civilian.
``(b) While serving as Dean of the Academic Board, an officer
incumbent who holds a grade lower than brigadier general shall hold the
grade of brigadier general, if appointed to that grade by the
President, by and with the advice and consent of the Senate. The
retirement age of an officer so appointed is that of a permanent
professor of the Academy. An officer so appointed is counted for
purposes of the limitation in section 526(a) of this title on general
officers of the Army on active duty. A civilian incumbent will be
designated as a member of the Senior Executive Service.''.
SEC. 534. REPEAL OF REQUIREMENT THAT MILITARY ACADEMY SUPERINTENDENTS
RETIRE AFTER ASSIGNMENT.
(a) Repeal.--Sections 3921, 4333a, 6371, 6951a, 8921 and 9333a of
title 10, United States Code, are repealed.
(b) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 367
of such title is amended by striking the item relating to
section 3921.
(2) The table of sections at the beginning of chapter 403
of such title is amended by striking the item relating to
section 4333a.
(3) The table of sections at the beginning of chapter 573
of such title is amended by striking the item relating to
section 6371.
(4) The table of sections at the beginning of chapter 603
of such title is amended by striking the item relating to
section 6951a.
(5) The table of sections at the beginning of chapter 867
of such title is amended by striking the item relating to
section 8921.
(6) The table of sections at the beginning of chapter 903
of such title is amended by striking the item relating to
section 9333a.
Subtitle D--Other Military Education and Training Matters
SEC. 541. EDUCATION LOAN REPAYMENTS FOR HEALTH PROFESSIONS OFFICERS OF
THE RESERVE COMPONENTS.
Section 16302(a)(5) of title 10, United States Code, is amended by
inserting ``a basic professional qualifying degree (as determined under
regulations issued by the Secretary of Defense) or graduate education
in'' after ``regarding''.
SEC. 542. CONFERRAL OF DEGREES TO GRADUATES OF THE COMMUNITY COLLEGE OF
THE AIR FORCE.
(a) Authority To Confer Degrees.--Section 9315(c) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``Air Education and
Training Command of the Air Force'' and inserting ``Air
University''; and
(2) in paragraph (2), by striking ``Air Education and
Training Command of the Air Force'' and inserting ``Air
University''.
(b) Section 9317 of such title is amended--
(1) in the section heading, by striking ``graduate-level
degrees'' and inserting ``graduate and associate-level
degrees'';
(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) an associate level degree upon graduates of the
Community College of the Air Force.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 901 of such title is amended by striking the item relating to
section 9317 and inserting the following:
``9317. Air University: graduate and associate-level degrees.''.
SEC. 543. THREE YEAR EDUCATIONAL LEAVE OF ABSENCE.
Section 708(a) of title 10, United States Code, is amended by
striking ``two years'' and inserting ``three years''.
SEC. 544. LENGTH OF PHASE II JOINT PROFESSIONAL MILITARY EDUCATION.
Section 663 of title 10, United States Code, is amended by striking
subsection (e).
SEC. 545. CHANGING THE TITLES OF THE HEADS OF THE NAVAL POSTGRADUATE
SCHOOL.
(a) President of the Naval Postgraduate School.--(1) Section 7042
of title 10, United States Code, is amended--
(A) by striking ``Superintendent'' in the section heading
and inserting ``President''; and
(B) by striking ``Superintendent'' each place it appears
and inserting ``President''.
(2) Section 7044 of such title is amended by striking
``Superintendent'' and inserting ``President'';
(3) Subsection 7048(a) of such title is amended by striking
``Superintendent'' and inserting ``President''; and
(4) Subsection 7049(e) of such title is amended by striking
``Superintendent'' and inserting ``President''.
(b) Provost and Academic Dean.--(1) Section 7043 of title 10,
United States Code, is amended--
(A) by amending the section heading to read as follows:
``Sec. 7043. Provost and Academic Dean'';
(B) by amending subsection (a) to read as follows:
``(a) There is at the Naval Postgraduate School the single civilian
position of Provost and Academic Dean. The Provost and Academic Dean
shall be appointed, to serve for periods of not more than five years,
by the Secretary of the Navy after consultation with the Naval
Postgraduate School Board of Advisors and consideration of the
recommendation of the leadership and faculty of the Naval Postgraduate
School.''; and
(C) in subsection (b), by striking ``Academic Dean'' and
inserting ``Provost and Academic Dean''.
(2) Section 5102(c)(10) of title 5, United States Code, is amended
by striking ``Academic Dean'' and inserting ``Provost and Academic
Dean''.
(3) Section 7081(a) of title 10, United States Code, 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 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.''.
SEC. 546. NEW MISSION STATEMENT AND EXPANDED ELIGIBILITY FOR ENLISTED
PERSONNEL AT THE NAVAL POSTGRADUATE SCHOOL.
(a) Combat Related Focus of the Naval Postgraduate School.--(1)
Section 7041 of title 10, United States Code, is amended to read as
follows:
``Sec. 7041. Function
``There is a United States Naval Postgraduate School that provides
advanced instruction, and technical and professional education to
military members to enhance combat effectiveness and our national
security.''.
(2) Section 7042(b)(1) of such title is amended by striking
``advanced instruction and technical education'' and inserting
``advanced instruction, and technical and professional education''.
(b) Expanded Eligibility for Enlisted Personnel.--Section 7045 of
such title is amended--
(1) by striking ``Officers of the armed forces; enlisted
members'' in the section heading and inserting ``Members of the
other armed forces'';
(2) by striking ``officers'' each place it appears and
inserting ``members''; and
(3) in subsection (a)--
(A) by striking ``(1)''; and
(B) by striking paragraph (2).
(c) Reimbursement of Costs.--Subsection (b) of such section is
amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(d) Reciprocal Agreements.--Section 7047 of such title is amended
by striking ``an officer'' and inserting ``a member''.
(e) Clerical Amendment.--The table of sections at the beginning of
chapter 605 of such title is amended by striking the item relating to
section 7045 and inserting the following:
``7045. Members of other armed forces: admission.''.
SEC. 547. CHANGE IN DEPARTMENT OF DEFENSE SCHOOLS ENROLLMENT FOR
CHILDREN OF LOCALLY-HIRED EMPLOYEES WORKING OVERSEAS.
Section 1404 of the Defense Dependents' Education Act of 1978 (20
U.S.C. 923), is amended by adding at the end the following new
subsection:
``(e) The Secretary of Defense may authorize the enrollment in
schools of the defense dependents' education system on a tuition-free
basis the children of full-time, locally-hired employees of the
Department of Defense in an overseas area, when such employees are
citizens or nationals of the United States. The Secretary may program
funds (including funds for construction) for the education of such
children.''.
Subtitle E--Administrative Matters
SEC. 551. ANNUAL REPORT TO CONGRESS CONCERNING JOINT OFFICER
MANAGEMENT.
Section 667 of title 10, United States Code, is amended to read as
follows:
``Sec. 667. 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):
``(1) The number of joint specialty officers, reported by
grade and by branch or specialty.
``(2) An assessment of the extent to which the Secretary of
each military department is assigning personnel to joint duty
assignments in accordance with this chapter and the policies,
procedures, and practices established by the Secretary of
Defense under section 661(a) of this title.
``(3) The number of waivers granted under section
619a(b)(1) of this title for officers in the grade of colonel
or, in the case of the Navy, captain, for each of the years
preceding the year in which the report is submitted.
``(4) The officers whose service in joint duty assignments
during the year covered by the report terminated before the
officers completed the full tour of duty in those assignments,
expressed as a percent of the total number of officers in joint
duty assignments during that year.
``(5) The percentage of fill of student quotas for each
course of the National Defense University for the year covered
by the report.
``(6) A list of the joint task force headquarters in which
service was approved for crediting as a joint duty assignment
for the year covered by the report.
``(7) A comparison of the promotion rates for officers
serving in or have served in joint duty assignments and were
considered for promotion within the promotion zone, with the
promotion rates for other officers in the same grade and the
same competitive category who are serving in the armed force
concerned and were considered for promotion within the
promotion zone.
``(8) If any of the comparisons in paragraph (7) indicate
that the promotion rates for officers fail to meet the
objective set forth in section 662(a) of this title,
information on the failure and on what action the Secretary has
taken or plans to take to prevent further failures.
``(9) Any other information relating to joint officer
management that the Secretary of Defense considers
significant.''.
SEC. 552. REVISED DEFINITIONS APPLICABLE TO JOINT DUTY.
Section 668 of title 10, United States Code, is amended--
(1) in subsection (b)(2), by striking ``The Secretary shall
publish a list showing'' and inserting ``The Secretary shall
publish a Joint Duty Assignment List that will show''; and
(2) in subsection (c), by striking ``a tour of duty in
which an officer serves in more than one joint duty assignment
within the same organization without a break between such
assignments shall be considered to be a single tour of duty in
a joint duty assignment'' and inserting ``a single tour of duty
for the purpose of awarding joint duty credit can be defined as
one in which the officer serves consecutive tours in joint duty
assignment positions that award joint duty credit, or service
as otherwise prescribed by the Secretary of Defense''.
SEC. 553. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE MILITARY VOTERS LOCATED
IN THE UNITED STATES.
(a) Duties of Presidential Designee.--Section 101(b)(3) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff(b)(3)) is amended by striking ``overseas voters'' and inserting
``absent uniformed services voters and overseas voters''.
(b) Federal Write-In Absentee Ballot.--Section 103 of such Act (42
U.S.C. 1973ff-2) is amended--
(1) in the section heading, by striking ``OVERSEAS VOTERS''
and inserting ``ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS
VOTERS'';
(2) in subsection (a), by striking ``overseas voters'' and
inserting ``absent uniformed services voters and overseas
voters'';
(3) by amending subsection (b) to read as follows:
``(b) Submission and Processing.--Except as otherwise provided in
this title, a Federal write-in absentee ballot shall be submitted and
processed in the manner provided by law for absentee ballots in the
State involved. A Federal write-in absentee ballot of an absent
uniformed services voter or overseas voter shall not be counted--
``(1) if the application of the absent uniformed services
voter or overseas voter for a State absentee ballot is received
by the appropriate State election official after the State's
deadline for such a request or less than 30 days before the
general election, whichever date is later; or
``(2) 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''; and
(4) in subsection (d)--
(A) in the subsection heading, by striking
``Overseas Voter'' and inserting ``Absent Uniformed
Services Voter and Overseas Voter''; and
(B) by striking ``overseas voter'' both places it
appears and inserting ``absent uniformed services voter
or overseas voter''.
Subtitle F--Military Justice Matters
SEC. 561. WAIVE TIME LOST WHEN A MEMBER IS ACQUITTED, RELEASED WITHOUT
TRIAL, OR HAS HIS CONVICTION SET-ASIDE OR REVERSED ON
APPEAL.
Section 972 of title 10, United States Code, is amended--
(1) in subsection (a)(3), by inserting ``, unless the
confinement is excused as unavoidable'' after ``the trial'';
and
(2) in subsection (b)(3), by inserting ``, unless the
confinement is excused as unavoidable'' after ``the trial''.
SEC. 562. CHANGE IN UNIFORM CODE OF MILITARY JUSTICE RELATING TO BLOOD
ALCOHOL CONCENTRATION.
Subsection (b) of section 911 of title 10, United States Code, is
amended by striking ``0.10'' in the two places it appears and inserting
``0.08''.
Subtitle G--Benefits
SEC. 571. IMMEDIATE LUMP SUM REIMBURSEMENT FOR UNUSUAL NONRECURRING
EXPENSES OUTSIDE THE CONTINENTAL UNITED STATES.
Section 405 of title 37, United States Code, is amended by adding
at the end the following new subsection:
``(d) Nonrecurring Expenses.--In addition to the per diem paid
under subsection (a), the Secretaries concerned may reimburse members
for actual nonrecurring expenses incurred incident to being on duty
outside of the United States or in Hawaii or Alaska. The nonrecurring
expenses which may be reimbursed are expenses directly related to the
conditions or location of the assignment either of a nature or a
magnitude not normally incurred by members assigned inside the
continental United States and not included in the per diem paid under
subsection (b).''.
SEC. 572. REPEAL OF REQUIREMENT TO PAY SUBSISTENCE CHARGES WHILE
HOSPITALIZED.
Section 1075 of title 10, United States Code, is repealed.
Subtitle H--Other Matters
SEC. 581. RELEASE OF TAXPAYER ADDRESSES TO HELP LOCATE INDIVIDUALS WITH
MILITARY SERVICE OBLIGATIONS.
(a) Authority.--Section 6103(m) of the Internal Revenue Code of
1986 (26 U.S.C. 6103(m)) is amended by adding at the end the following
new paragraph:
``(8) Members of the armed forces.--
(A) In general.--Upon written request by the Secretary of
Defense, the Secretary of a military department, or the
Secretary of Homeland Security with respect to the Coast Guard
when it is not operating as a service in the Navy, the
Secretary may disclose the mailing address of an individual to
officers or employees of the Department of Defense or
Department of Homeland Security for use by such officers or
employees or their agents for the purpose of locating such
individual who is serving in a reserve component of the armed
forces of the United States.
``(B) Prior attempts to obtain address information from
other sources.--Such requests shall be made only after the
Secretary of Defense, the Secretary of a military department or
the Secretary of Homeland Security, as the case may be, has
made every reasonable effort to locate the individual through
other sources.
``(C) Exception during national emergency or war.--During a
national emergency declared by the President or war declared by
Congress, the Secretary of Defense, the Secretary of a military
department or the Secretary of Homeland Security may request
the address of an individual, notwithstanding subparagraph (B),
if the individual possesses a critical skill and is needed for
immediate mobilization under section 12304, 12302, or 12301(a)
of title 10.
``(D) Expiration of authority.--No information shall be
released under this section after September 30, 2009.''.
(b) Disclosure to Contractors.--Subsection (p) of such section is
amended by adding at the end the following new paragraph:
``(9) Disclosure to contractors.--
(A) In general.--Notwithstanding any other provision of
this section, no return or return information shall be
disclosed to a contractor or other agent of a Federal, State,
or local agency unless such agency, to the satisfaction of the
Secretary--
``(i) has requirements in effect that require each
contractor or other agent of such agency that would
have access to returns or return information to provide
safeguards (within the meaning of paragraph (4)) to
protect the confidentiality of such returns or return
information;
``(ii) agrees to conduct a regular, on-site review
(mid-point review in the case of contracts of less than
1 year in duration) of each contractor or other agent
to determine compliance with such requirements;
``(iii) submits the findings of the most recent
review conducted under clause (ii) to the Secretary as
part of the report required by paragraph (4)(E); and
``(iv) certifies to the Secretary for the most
recent annual period that all contractors or other
agents are in compliance with all such requirements.
Such certification shall be signed by the head of the
agency or his or her delegate.
``The certification required by clause (iv) shall include the
name and address of each contractor or other agent, a
description of the contract or agreement of the contractor with
the agency, or other authority for agency relationship, and the
duration of such contract, agreement or authority.
``(B) Relationship to provision governing disclosure for
purposes of tax administration.--The requirements of this
paragraph shall not apply to disclosures pursuant to subsection
(n) for purposes of Federal tax administration.''.
(c) Conforming and Technical Amendments.--(1) Such section is
further amended--
(A) in subsection (a)(3), by striking ``(2) or (4)(B)'' and
inserting ``(2), (4)(B), (5), (7), or (8)''; and
(B) in subsection (p)(4), by striking ``under paragraph
(2), (4), (6), or (7) of subsection (m)'' and inserting ``under
paragraph (2), (4), (5), (6), (7), or (8) of subsection (m)''.
(2) Section 7213(a)(2) of such Code (26 U.S.C. 7213(a)(2)) is
amended by striking ``or (7) of section 6103'' and inserting ``(7), or
(8) of section 6103''.
SEC. 582. ALTERNATE INITIAL MILITARY SERVICE OBLIGATION FOR PERSONS
WITH SPECIALIZED SKILLS.
Subsection (a) of section 651 of title 10, United States Code, is
amended to read as follows:
``(a)(1) Each person who becomes a member of an armed force, other
than a person described in paragraph (2), shall serve in the armed
forces for a total initial period of not less than six years nor more
than eight years, as provided in regulations prescribed by the
Secretary of Defense for the armed forces under his jurisdiction and by
the Secretary of Homeland Security for the Coast Guard when it is not
operating as a service in the Navy, unless such person is sooner
discharged under such regulations because of personal hardship. Any
part of such service that is not active duty or that is active duty for
training shall be performed in a reserve component.
``(2) A person is not subject to paragraph (1) if that person--
``(A) is deferred under the next to the last sentence of
section 6(d)(1) of the Military Selective Service Act (50
U.S.C. App. 456(d)(1)); or
``(B) is accessed into the armed forces based on unique
skills acquired in a civilian occupation, as determined by the
Secretary concerned, and will serve in a specialty requiring
those skills.''.
SEC. 583. BASIC TRAINING REQUIREMENT FOR CERTAIN MEMBERS WITH
SPECIALIZED SKILLS.
Paragraph (1) of section 671(c) of title 10, United States Code, is
amended to read as follows:
``(1) Under regulations prescribed under paragraph (2), a period of
basic training (or equivalent training) shorter than 12 weeks may be
established by the Secretary concerned for members of the armed forces
who--
``(A) have been credentialed in a medical profession or
occupation and are serving in a health-care occupational
specialty; or
``(B) have unique skills acquired in a civilian occupation,
as determined by the Secretary concerned, and will serve in a
military specialty or position requiring those skills.
``Any such period shall be established under regulations prescribed
under paragraph (2) and may be established notwithstanding section 4(a)
of the Military Selective Service Act (50 U.S.C. App. 454(a)).''.
SEC. 584. ELIMINATE MANDATORY TERMS OF OFFICE FOR CERTAIN GENERAL AND
FLAG STAFF OFFICERS.
(a) Army.--
(1) Chiefs of branches.--Section 3036 of title 10, United
States Code, is amended--
(A) by repealing subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(2) Judge advocate general and assistant judge advocate
general.--Section 3037(a) of such title is amended by striking
``An officer appointed as the Judge Advocate General or
Assistant Judge Advocate General normally holds office for four
years. However, the President may terminate or extend the
appointment at any time.''.
(3) Deputy and assistant chiefs of branches.--Section
3039(a) of such title is amended by striking ``for a tour of
duty of not more than four years,''.
(4) Chief of army nurse corps.--Section 3069(b) of such
title is amended by striking ``, but not for more than four
years, and may not be reappointed to the same position''.
(5) Chief of the army medical specialist corps.--Section
3070(b) of such title is amended by striking ``, but not for
more than four years, and may not be reappointed''.
(b) Navy/Marine Corps.--
(1) Chief of the bureau of medicine and surgery.--Section
5137(a) of such title is amended by striking ``for a term of
four years,''.
(2) Chief of the bureau of naval personnel.--Section
5141(a) of such title is amended by striking ``for a term of
four years,''.
(3) Chief of chaplains.---Subsection (c) of section 5142 of
such title is repealed.
(4) Judge advocate general.--Section 5148(b) of such title
is amended by striking ``, for a term of four years''.
(5) Director of the nurse corps or director of the medical
service corps.--Section 5150(c) of such title is amended by
striking ``for a term of four years,''.
(c) Air Force Judge Advocate General and Deputy Judge Advocate
General.--Section 8037(a) of such title is amended--
(1) in subsection (a), by striking ``The term of office is
four years, but may be sooner terminated or extended by the
President.''; and
(2) in subsection (d)(1), by striking ``The term of office
of the Deputy Judge Advocate General is four years, but may be
sooner terminated or extended by the President.''.
SEC. 585. PROHIBIT COURT-ORDERED PAYMENTS BEFORE RETIREMENT BASED ON
IMPUTATION OF RETIRED PAY.
(a) In General.--Section 1408(c)(3) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) Notwithstanding any other provision of law, a court
may not order a member to make payments based upon an
imputation of a property interest in future retired pay of any
kind to a spouse or former spouse before the date of the
member's actual retirement.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to final court orders or court orders seeking enforcement of
prior final decrees issued on or after the enactment of this Act.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. TERMINATION OF ASSIGNMENT INCENTIVE PAY FOR MEMBERS ON
TERMINAL LEAVE.
Paragraph (e) of section 307a of title 37, United States Code, is
amended by inserting before the period at the end the following: ``,
other than terminal leave when the member will not be returning to the
assignment''.
SEC. 602. MORE FLEXIBLE RETIREMENT RULES FOR MILITARY OFFICERS.
(a) In General.--Section 1370 of title 10, United States Code, is
amended to read as follows:
``Sec. 1370. Commissioned officers: general rule; exceptions
``(a) Rule for Retirement in Highest Grade Held Satisfactorily.--
(1) Unless entitled to a higher retired grade under some other
provision of law, a commissioned officer (other than a commissioned
warrant officer) of the Army, Navy, Air Force, or Marine Corps who
retires under any provision of law other than chapter 61 or chapter
1223 of this title shall, subject to the criteria specified under
paragraph (2) or (3), be retired in the highest grade in which he
served on active duty satisfactorily, as determined by the Secretary
concerned.
``(2) In order to be eligible for voluntary retirement in a grade
at or below the grade of major or lieutenant commander, a commissioned
officer of the Army, Navy, Air Force, or Marine Corps covered by
paragraph (1) must have served on active duty in that grade for not
less than six months.
``(3)(A) In order to be eligible for voluntary retirement in a
grade above major or lieutenant commander and below brigadier general
or rear admiral (lower half), a commissioned officer of the Army, Navy,
Air Force, or Marine Corps covered by paragraph (1) must have served on
active duty in that grade for not less than three years, except that
the Secretary of Defense may authorize the Secretary concerned to
reduce such period to a period not less than two years.
``(B) An officer at or above the grade of brigadier general or rear
admiral (lower half) may be retired in the highest grade in which he
served on active duty satisfactorily, upon approval by the Secretary
concerned and concurrence by the Secretary of Defense or another
civilian official in the Office of the Secretary of Defense appointed
by the President, by and with the advice and consent of the Senate, to
which the Secretary of Defense has delegated such authority.
``(C) The President may waive subparagraph (A) in individual cases
involving extreme hardship or exceptional or unusual circumstances. The
authority of the President under the preceding sentence may not be
delegated.
``(4) A reserve or temporary officer who is notified that he will
be released from active duty without his consent, and thereafter
requests retirement under section 3911, 6323, or 8911 of this title and
is retired pursuant to that request, is considered for purposes of this
section to have been retired involuntarily. An officer retired pursuant
to section 1186(b)(1) of this title is considered for purposes of this
section to have been retired voluntarily.
``(b) Retirement in Next Lower Grade.--An officer whose length of
service in the highest grade he held while on active duty does not meet
the service in grade requirements specified in subsection (a) or whose
service on active duty in that grade was not determined to be
satisfactory by the Secretary concerned shall be retired in the next
lower grade in which he served on active duty satisfactorily, as
determined by the Secretary concerned, for not less than six months.
``(c) Reserve Officers.--(1) Unless entitled to a higher grade, or
to credit for satisfactory service in a higher grade, under some other
provision of law, a person who is entitled to retired pay under chapter
1223 of this title shall, upon application under section 12731 of this
title, be credited with satisfactory service in the highest grade in
which that person served satisfactorily at any time in the armed
forces, as determined by the Secretary concerned in accordance with
this subsection.
``(2) In order to be credited with satisfactory service in an
officer grade (other than a warrant officer grade) below the grade of
lieutenant colonel or commander, a person covered by paragraph (1) must
have served satisfactorily in that grade (as determined by the
Secretary concerned) as a reserve commissioned officer in an active
status, or in a retired status on active duty, for not less than six
months.
``(3)(A)(1) In order to be credited with satisfactory service in an
officer grade above major or lieutenant commander and below brigadier
general or rear admiral (lower half), a person covered by paragraph (1)
must have served satisfactorily in that grade (as determined by the
Secretary concerned) as a reserve commissioned officer in an active
status, or in a retired status on active duty, for not less than three
years, except that the Secretary of Defense may authorize the Secretary
concerned to reduce such period to a period not less than two years.
``(2) An officer at or above the grade of lieutenant general or
vice admiral may be retired in the highest grade in which he served
satisfactorily, upon approval by the Secretary concerned and
concurrence by the Secretary of Defense or another civilian official in
the Office of the Secretary of Defense appointed by the President, by
and with the advice and consent of the Senate, to which the Secretary
of Defense has delegated such authority.
``(B) A person covered by subparagraph (A)(1) who has completed at
least six months of satisfactory service in grade and is transferred
from an active status or discharged as a reserve commissioned officer
solely due to the requirements of a nondiscretionary provision of law
requiring that transfer or discharge due to the person's age or years
of service may be credited with satisfactory service in the grade in
which serving at the time of such transfer or discharge,
notwithstanding the failure of the person to complete three years of
service in that grade.
``(C) To the extent authorized by the Secretary concerned, a person
who, after having been recommended for promotion in a report of a
promotion board but before being promoted to the recommended grade,
served in a position for which that grade is the minimum authorized
grade may be credited for purposes of subparagraph (A)(1) as having
served in that grade for the period for which the person served in that
position while in the next lower grade. The period credited may not
include any period before the date on which the Senate provides advice
and consent for the appointment of that person in the recommended
grade.
``(D) To the extent authorized by the Secretary concerned, a person
who, after having been found qualified for Federal recognition in a
higher grade by a board under section 307 of title 32, serves in a
position for which that grade is the minimum authorized grade and is
appointed as a reserve officer in that grade may be credited for the
purposes of subparagraph (A)(1) as having served in that grade. The
period of the service for which credit is afforded under the preceding
sentence may only be the period for which the person served in the
position after the Senate provides advice and consent for the
appointment.
``(4) A person whose length of service in the highest grade held
does not meet the service in grade requirements specified in this
subsection shall be credited with satisfactory service in the next
lower grade in which that person served satisfactorily (as determined
by the Secretary concerned) for not less than six months.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the computation of retired or retainer pay of any
individual who becomes entitled to that pay on or after the date of
enactment of this Act.
SEC. 603. MORE FLEXIBLE COMPUTATION OF RETIRED PAY FOR OFFICERS AND
SENIOR ENLISTED MEMBERS.
(a) Modification of Retired Pay Formulas.--(1) Chapter 71 of title
10, United States Code, is amended by inserting after section 1401a the
following new section:
``Sec. 1401b. Maximum multiplier in the computation of retired pay
``Notwithstanding any other provision of law that limits retired
pay computed under this chapter or under chapter 1223 of this title to
a maximum of 75 percent of the member's base determined under section
1406 or 1407 of this title, the maximum amount of retired pay as a
percentage of such base will be limited as follows:
``(1) For members retired before October 1, 2003, use
limitations prescribed in other sections of law.
``(2) For members retired on or after October 1, 2003, use
the limitations prescribed in other sections of law except in
the case of--
``(A) members retired in the grade O-7 and above
with more than 30 years of creditable service in the
computation of the multiplier percentage under section
1409 of this title, such percentage is not limited to
75 percent for any time served in excess of 30 years
otherwise creditable after October 1, 2003; and
``(B) members retired in the grades E-8 through O-
6, inclusive, with more than 30 years of creditable
service in the computation of the multiplier percentage
under section 1409 of this title, such percentage is
not limited to 75 percent for any time served under
conditions authorized such additional credit during a
period established by the Secretary of Defense.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1401a the
following new item:
``1401b. Maximum multiplier in the computation of retired pay.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the computation of retired or retainer pay of any
individual who becomes entitled to that pay on or after the date of
enactment of this Act.
SEC. 604. ELIMINATE RETIRED PAY LIMIT APPLICABLE TO GENERAL AND FLAG
OFFICERS.
(a) Retired Pay Base for Members Who First Became Members Before
September 8, 1980.--Section 1406 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(j) Retired Pay Base.--In the case of a member at grade O-7 and
above, the rates of basic pay used to compute the pay base prescribed
in this section shall be the rates applicable to the grade or position
without regard to any provision of law limiting such pay to the rate of
pay for level III of the Executive Schedule.''.
(b) Retired Pay Base for Members Who First Became Members After
September 7, 1980.--Section 1407 of such title is amended by adding at
the end the following new subsection:
``(g) Retired Pay Base.--In the case of a member at grade O-7 and
above, the rates of basic pay used to compute the pay base prescribed
in this section shall be the rates applicable to the grade or position
without regard to any provision of law limiting such pay to the rate of
pay for level III of the Executive Schedule.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the computation of retired or retainer pay of any
individual who becomes entitled to that pay on or after the date of
enactment of this Act.
SEC. 605. GRANT BASIC ALLOWANCE FOR HOUSING WAIVERS FOR 12 MONTHS OR
LESS ON PERMANENT CHANGE OF STATION ASSIGNMENTS THAT ARE
PRINCIPALLY FOR EDUCATION OR TRAINING.
Paragraph (3) of section 403(d) of title 37, United States Code, is
amended by adding at the end the following new subparagraph:
``(C) Where a member receives a permanent change of station or
permanent change of assignment, within the continental United States,
of 12 months duration or less for purposes of participating in
professional military education or training classes, the amount of the
basic allowance for housing for the member may be based on the area in
which the dependents reside or the member's last duty station,
whichever the Secretary concerned determines to be most equitable. The
dependents must continue to live at the member's last duty station in
order to qualify for the rate based on that area.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAYS FOR
RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short
Wartime Specialties.--Section 302g(f) of title 37, United States Code,
is amended by striking ``December 31, 2004'' and inserting ``December
31, 2005''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(d) 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''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section of
308h(g) of such title is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(g) Prior Service Reenlistment Bonus.--Section 308i(f) of such
title is amended by striking ``December 31, 2004'' and inserting
``December 31, 2005''.
(h) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10,
United States Code, is amended by striking ``January 1, 2005'' and
inserting ``January 1, 2006''.
SEC. 612. BONUS FOR OFFICERS TO SERVE IN THE SELECTED RESERVE IN A
CRITICAL SKILL OR MANPOWER SHORTAGE.
(a) In General.--Chapter 5 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 308j. Special pay: bonus for officers to serve in the Selected
Reserve in a critical skill or manpower shortage
``(a) Bonus Authorization.--The Secretary of Defense may pay--
``(1) an affiliation bonus to an officer of an armed force,
including a warrant officer, (other than an officer who has
previously served in the Selected Reserve or an officer who is
entitled to retired pay) who executes a written agreement to
serve in the Selected Reserve of the Ready Reserve for a period
of not less than three years in a designated critical officer
skill or manpower shortage after being discharged or released
from active duty under honorable conditions, once the officer
affiliates with a unit or position in the Selected Reserve; and
``(2) an accession bonus to a person who executes a written
agreement to accept a commission as an officer of the armed
forces and serve in the Selected Reserve of the Ready Reserve
in a designated critical officer skill for a period of not less
than three years, upon acceptance of the agreement by the
Secretary concerned.
``(b) Designation of Critical Officer Shortage.--The Secretary
concerned shall designate the critical officer skill shortages and
critical manpower shortages for the purposes of this section.
``(1) A skill may be designated as a critical officer skill
for an armed force under this subsection if--
``(A) to meet requirements of the armed force, it
is critical for the armed force to have a sufficient
number of officers who are qualified in that skill; or
``(B) to mitigate a current or projected
significant shortage of personnel in the armed force
who are qualified in that skill, it is critical to
access into that armed force in sufficient numbers
persons who are qualified in that skill or are to be
trained in that skill.
``(2) A manpower shortage may be designated for a current
or projected shortage in a unit or overall shortage in a pay
grade.
``(c) Limitation on Amount of Bonus.--The amount of a bonus under
subsection (a) may not exceed $12,000.
``(d) Payment Method.--Upon acceptance of a written agreement by
the Secretary concerned, the total amount of the bonus payable under
the agreement becomes fixed. The agreement shall specify whether the
bonus shall be paid by the Secretary in a lump sum or installments.
``(e) Relation to Other Accession Bonus Authority.--An officer or
individual may not receive a 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.
``(f) Repayment for Failure To Commence or Complete Obligated
Service.--(1) An individual who, after receiving all or part of the
bonus under an agreement referred to in subsection (a), does not accept
a commission as an officer or does not commence to 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 established by
the Secretary concerned.
``(2) The Secretary concerned shall set forth whether repayment is
required in whole or in part, the method for computing the amount of
the repayment, and the conditions under which an exception to the
required repayment would apply.
``(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
subsection (a) does not discharge the individual signing the agreement
from a debt arising under such agreement or under paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``308j. Special pay: bonus for officers to serve in the Selected
Reserve in critical skill or manpower
shortage.''.
SEC. 613. CRITICAL SKILLS RETENTION BONUS; ELIGIBILITY OF MEMBERS --
SERVING ON INDEFINITE REENLISTMENT IS INVOLVED.
Section 323(a) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) in the case of an enlisted member serving on an
indefinite reenlistment, the member executes a written
agreement to remain on active duty for at least 1 year.''.
SEC. 614. FOREIGN LANGUAGE PROFICIENCY PAY.
Section 1596a of title 10, United States Code, is amended--
(a) in subsection (a)(2), by striking ``during a contingency
operation supported by the armed forces''; and
(b) in subsection (c), by inserting before the period at the end
the following: ``and shall not be considered base pay for any
purpose''.
SEC. 615. REPAYMENT OF UNEARNED PORTIONS OF BONUSES, SPECIAL PAYS, AND
EDUCATIONAL BENEFITS.
(a) Repayment of Unearned Portions of Bonuses.--(1) Chapter 5 of
title 37, United States Code, is amended by adding at the end the
following new section:
``Sec. 327. Repayment of unearned portions of bonuses, incentives,
special pay or similar payments, or educational benefits
or stipends when conditions of payment not met
``(a) In General.--A member of the uniformed services who has
received a bonus, incentive, special pay or similar payment, or an
educational benefit or stipend, and who is, by law, subject to the
repayment provisions of this section shall repay to the United States
such compensation or benefit when the member does not meet the
conditions of the pay or benefit, except under conditions established
by the Secretary concerned.
``(b) Regulations.--The Secretary concerned may set forth in
regulations procedures for determining the amount of any repayment, and
the conditions under which an exception to the required repayment would
apply. The Secretary concerned may specify in such regulations the
conditions under which any future installment payment of a bonus,
incentive, special pay, or similar payment or benefit will not be made
when the member does not meet the conditions of pay or benefit. For the
military departments, this section shall be administered under
regulations prescribed by the Secretary of Defense.
``(c) Debt.--An obligation to repay the United States under
subsection (a) is, for all purposes, a debt owed the United States.
``(d) Effect of Bankruptcy.--A discharge in bankruptcy under title
11 does not discharge a person from a debt under this section if the
final decree of discharge is entered less than five years after the
date of the termination of the service or the date of the termination
of the agreement on which the debt is based. This subsection applies to
any case commenced under title 11 after March 30, 2005.''.
(2) Clerical amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``327. Repayment of unearned portions of bonuses, incentives, special
pay or similar payments, or educational
benefits or stipends, when conditions of
payment not met.''.
(b) Aviation Career Officer Retention Bonus.--Subsection (g) of
section 301b of such title is amended to read as follows:
``(g) Repayment of Bonus.--An officer who does not complete the
period of active duty specified in the agreement entered into under
subsection (a) shall be subject to the repayment provisions of section
327 of this title.''.
(c) Medical Officer Multiyear Retention Bonus.--Subsection (c) of
section 301d of such title is amended to read as follows:
``(c) Repayment of Bonus.--An officer who does not complete the
period of active duty specified in the agreement entered into under
subsection (a) shall be subject to the repayment provisions of section
327 of this title.''.
(d) Dental Officer Multiyear Retention Bonus.--Subsection (d) of
section 301e of such title is amended to read as follows:
``(d) Repayment of Bonus.--An officer who does not complete the
period of active duty specified in the agreement entered into under
subsection (a) shall be subject to the repayment provisions of section
327 of this title.''.
(e) Medical Officer Special Pay.--Section 302 of such title is
amended--
(1) in subsection (c), by amending the last sentence in
paragraph (2) to read as follows: ``If such entitlement is
terminated, the officer concerned shall be subject to the
repayment provisions of section 327 of this title.''.
(2) by amending subsection (f) to read as follows:
``(f) Repayment.--An officer who does not complete the period for
which the payment was made under subsection (a)(4) or (b)(1) shall be
subject to the repayment provisions of section 327 of this title.''.
(f) Optometrist Retention Special Pay.--Paragraph (4) of section
302a(b) of such title is amended to read as follows:
``(4) Repayment.--The Secretary concerned may terminate at any time
the eligibility of an officer to receive retention special pay under
paragraph (1). An officer who does not complete the period for which
the payment was made under paragraph (1) shall be subject to the
repayment provisions of section 327 of this title.''.
(g) Dental Officer Special Pay.--Section 302b of such title is
amended--
(1) in subsection (b), by striking the second sentence in
paragraph (2);
(2) by amending subsection (e) to read as follows:
``(e) Repayment.--An officer who does not complete the period of
active duty for which the payment was made under subsection (a)(4)
shall be subject to the repayment provisions of section 327 of this
title.'';
(3) by striking subsection (f); and
(4) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(h) Accession Bonus for Registered Nurses.--Subsection (d) of
section 302d of such title is amended to read as follows:
``(d) An officer who does not become and remain licensed as a
registered nurse during the period for which the payment is made, or
who does not complete the period of active duty specified in the
agreement entered into under subsection (a) shall be subject to the
repayment provisions of section 327 of this title.''.
(i) Nurse Anesthetist Special Pay.--Section 302e of such title is
amended--
(1) in subsection (c), by striking the last sentence; and
(2) by amending subsection (e) to read as follows:
``(e) An officer who does not complete the period of active duty
specified in the agreement entered into under subsection (a) shall be
subject to the repayment provisions of section 327 of this title.''.
(j) Reserve, Recalled or Retained Health Care Officers Special
Pay.--Subsection (c) of section 302f of such title is amended by
striking ``refund'' and inserting ``repay.''.
(k) Selected Reserve Health Care Professionals in Critically Short
Wartime Specialties Special Pay.--Section 302g of such title is
amended--
(1) by striking subsections (d) and (e);
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Repayment.--An officer who does not complete the period of
service in the Selected Reserve of an armed force specified in the
agreement entered into under subsection (a) shall be subject to the
repayment provisions of section 327 of this title.''; and
(3) by redesignating subsection (f) as subsection (e).
(l) Accession Bonus for Dental Officers.--Subsection (d) of section
302h of such title is amended to read as follows:
``(d) A person after signing a written agreement who thereafter is
not commissioned as an officer of the armed forces, or does not become
licensed as a dentist, or does not complete the period of active duty
specified in the agreement entered into under subsection (a) shall be
subject to the repayment provisions of section 327 of this title.''.
(m) Accession Bonus for Pharmacy Officers.--Subsection (e) of
section 302j of such title is amended to read as follows:
``(e) A person after signing a written agreement who thereafter is
not commissioned as an officer of the armed forces, or does not become
and remain certified or licensed as a pharmacist, or does not complete
the period of active duty specified in the agreement entered into under
subsection (a) shall be subject to the repayment provisions of section
327 of this title.''.
(n) Reenlistment Bonus for Active Members.--Subsection (d) of
section 308 of such title is amended to read as follows:
``(d) Repayment of Bonus.--A member who does not complete the term
of enlistment for which a bonus was paid to the member under this
section, or a member who is not technically qualified in the skill for
which a bonus was paid to him under this section, shall be subject to
the repayment provisions of section 327 of this title.''.
(o) Reenlistment Bonus for Selected Reserve.--Subsection (d) of
section 308b of such title is amended to read as follows:
``(d) A member who does not complete the term of enlistment in the
element of the Selected Reserve of the Ready Reserve for which the
bonus was paid to the member under this section, shall be subject to
the repayment provisions of section 327 of this title.''.
(p) Enlistment Bonus for Selected Reserve.--Subsection (d) of
section 308c of such title is amended to read as follows:
``(d) Repayment.--A member who does not participate satisfactorily
in training with his unit during a term of enlistment for which a bonus
has been paid to him under this section shall be subject to the
repayment provisions of section 327 of this title.''.
(q) Reserve Affiliation Bonus.--Subsection (d) of section 308e of
such title is amended to read as follows:
``(d) Repayment.--A member who does not participate satisfactorily
in training with his unit during a term of enlistment for which a bonus
has been paid to him under this section shall be subject to the
repayment provisions of section 327 of this title.''.
(r) Ready Reserve Enlistment Bonus.--Section 308g of such title is
amended--
(1) by amending subsection (d) to read as follows:
``(d) Repayment.--A person who does not serve satisfactorily in the
element of the Ready Reserve in the combat or combat support skill for
the period for which the bonus was paid under this section shall be
subject to the repayment provisions of section 327 of this title.'';
(2) by striking subsections (e) and (f); and
(3) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively.
(s) Ready Reserve Reenlistment, Enlistment, and Voluntary Extension
of Enlistment Bonus.--Section 308h of such title is amended--
(1) by amending subsection (c) to read as follows:
``(c) Repayment.--A person who does not complete the period of
enlistment or extension of enlistment for which the bonus was paid
under this section shall be subject to the repayment provisions of
section 327 of this title.'';
(2) by striking subsections (d) and (e); and
(3) by redesignating subsections (f) and (g) as subsections
(d) and (e), respectively.
(t) Prior Service Enlistment Bonus.--Subsection (d) of section 308i
of such title is amended to read as follows:
``(d) A person who receives a bonus payment under this section and
who, during the period for which the bonus was paid, does not serve
satisfactorily in the element of the Selected Reserve of the Ready
Reserve with respect to which the bonus was paid shall be subject to
the repayment provisions of section 327 of this title.''.
(u) Enlistment Bonus.--Subsection (b) of section 309 of such title
is amended to read as follows:
``(b) A member who does not complete the term of enlistment for
which a bonus was paid to the member under this section, or a member
who is not technically qualified in the skill for which a bonus was
paid, shall be subject to the repayment provisions of section 327 of
this title.''.
(v) Special Pay for Nuclear-Qualified Officers Extending Active
Duty.--Subsection (b) of section 312 of such title is amended to read
as follows:
``(b) Repayment.--An officer who does not complete the period of
active duty in connection with supervision, operation, and maintenance
of naval nuclear propulsion plants which the officer agreed to serve,
and for which the payment was made under subsection (a)(3) or (d)(1),
shall be subject to the repayment provisions of section 327 of this
title.''.
(w) Nuclear Career Accession Bonus.--Paragraph (2) of section
312b(a) of such title is amended to read as follows:
``(2) An officer who does not commence or complete satisfactorily
the nuclear power training specified in the agreement under paragraph
(1) shall be subject to the repayment provisions of section 327 of this
title.''.
(x) Enlisted Members Extending Duty at Designated Locations
Overseas.--Subsection (d) of section 314 of such title is amended to
read as follows:
``(d) A member who, having entered into a written agreement to
extend a tour of duty for a period under subsection (a), receives a
bonus payment under subsection (b)(2) for a 12-month period covered by
the agreement and ceases during that 12-month period to perform the
agreed tour of duty shall be subject to the repayment provisions of
section 327 of this title.''.
(y) Special Warfare Officers Extending Period of Active Duty.--
Subsection (h) of section 318 of such title is amended to read as
follows:
``(h) An officer who, having entered into a written agreement under
subsection (b) and has received all or part of a bonus under this
section, does not complete the period of active duty in special warfare
service as specified in the agreement, shall be subject to the
repayment provisions of section 327 of this title.''.
(z) Surface Warfare Officers Extending Period of Active Duty.--
Subsection (f) of section 319 of such title is amended to read as
follows:
``(f) An officer who, having entered into a written agreement under
subsection (b) and having received all or part of a bonus under this
section, does not complete the period of active duty as a department
head on a surface vessel specified in the agreement, shall be subject
to the repayment provisions of section 327 of this title.''.
(aa) Judge Advocate Continuation Pay.--Subsection (f) of section
321 of such title is amended to read as follows:
``(f) An officer who has entered into a written agreement under
subsection (b) and has received all or part of the amount payable under
the agreement but who does not complete the total period of active duty
specified in the agreement, shall be subject to the repayment
provisions of section 327 of this title.''.
(bb) 15-Year Career Status Bonus for Members Entering Service on or
After August 1, 1986.--Subsection (f) of section 322 of such title is
amended to read as follows:
``(f) If a person paid a bonus under this section does not complete
a period of active duty beginning on the date on which the election of
the person under subsection (a)(1) is received and ending on the date
on which the person completes 20 years of active duty service as
described in subsection (a)(2), the person shall be subject to the
repayment provisions of section 327 of this title.''.
(cc) Retention Incentives for Members Qualified in a Critical
Military Skill.--Subsection (g) of section 323 of such title is amended
to read as follows:
``(g) A member who has entered into a written agreement under
subsection (a), and who does not complete the total period of active
duty specified in the agreement, shall be subject to the repayment
provisions of section 327 of this title.''.
(dd) Accession Bonus for New Officers in Critical Skills.--
Subsection (f) of section 324 of such title is amended to read as
follows:
``(f) An individual who, having received all or part of the bonus
under an agreement referred to in subsection (a), is not thereafter
commissioned as an officer or does not commence or does not complete
the total period of active duty service specified in the agreement,
shall be subject to the repayment provisions of section 327 of this
title.''.
(ee) Incentive Bonus: Savings Plan for Education Expenses and Other
Contingencies.--Subsection (g) of section 325 of such title is amended
to read as follows:
``(g) If a person does not complete the qualifying service for
which the person is obligated under a commitment for which a benefit
has been paid under this section, the person shall be subject to the
repayment provisions of section 327 of this title.''.
(ff) Enlistment Incentives for Pursuit of Skills to Facilitate
National Service.--Subsection (i) of section 510 of title 10, United
States Code, is amended to read as follows:
``(i) If a National Call to Service participant who has entered
into an agreement under subsection (b) and received or benefitted from
an incentive under subsection (e)(1) or (e)(2) fails to complete the
total period of service specified in such agreement, the National Call
to Service participant shall be subject to the repayment provisions of
section 327 of title 37.''.
(gg) Scholarship Program for Qualifying Personnel for Acquisition
Positions in the Department of Defense.--Paragraph (3) of section
1744(d) of such title is amended to read as follows:
``(3) For a uniformed member who is separated from service before
the end of the period for which the person has agreed to continue in
the service in an acquisition position shall be subject to the
repayment provisions of section 327 of title 37. For an employee of the
Department of Defense, the Secretary may waive in whole or in part a
required repayment under this subsection if the Secretary determines
the recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.''.
(hh) Advanced Education Assistance.--Section 2005 of such title is
amended--
(1) in subsection (a), by amending paragraph (3) to read as
follows:
``(3) that if such person does not complete the period of
active duty specified in the agreement, or does not fulfill any
term or condition prescribed pursuant to clause (4), such
person shall be subject to the repayment provisions of section
327 of title 37.'';
(2) by striking subsections (c), (d), (g) and (h);
(3) by redesignating subsections (e) and (f) as subsections
(c) and (d), respectively; and
(4) by amending subsection (d), as redesignated by
paragraph (3), to read as follows:
``(d) The Secretary concerned shall require, as a condition to the
Secretary providing financial assistance under section 2107 or 2107a of
this title to any person, that such person enter into an agreement
described in subsection (a). In addition to the requirements of
subsections (a)(1) through (a)(4), any agreement required by this
subsection shall provide that if such person does not complete the
education requirements specified in the agreement, or does not fulfill
any term or condition prescribed pursuant to subsection (a)(4), the
person shall be subject to the repayment provisions of section 327 of
title 37 without the Secretary first ordering such person to active
duty as provided for under subsection (a)(2) and sections 2107(f) and
2107a(f) of this title.''.
(ii) Tuition for Off-Duty Training or Education.--Section 2007 of
such title is amended by adding at the end the following new
subsection:
``(f) Repayment.--If such person does not complete the period of
active duty specified in the agreement under subsection (b), such
person shall be subject to the repayment provisions of section 327 of
title 37.''.
(jj) Advanced Training, Failure To Complete or To Accept
Commission.--Section 2105 of such title is amended--
(1) by striking ``A member'' and inserting ``(a) A
member''; and
(2) by adding at the end the following new subsection:
``(b) Repayment.--If such person does not complete the period of
active duty specified under subsection (a), the person shall be subject
to the repayment provisions of section 327 of title 37.''.
(kk) Financial Assistance Program for Specially Selected Members.--
Section 2107 of such title is amended by adding at the end the
following new subsection:
``(j) Repayment.--A person after signing a written agreement who
thereafter is not commissioned as an officer or does not complete the
period of service as specified in subsection (b), (f) or (h)(2), shall
be subject to the repayment provisions of section 327 of title 37.''.
(ll) Health Professions Scholarship and Financial Assistance
Program for Active Service.--Subparagraph (C) of section 2123(e)(1) of
such title is amended to read as follows:
``(C) If such person does not complete the period of active duty
obligation specified under subsection (a), such person shall be subject
to the repayment provisions of section 327 of title 37.''.
(mm) Financial Assistance: Nurse Officer Candidates.--Subsection
(d) of section 2130a of such title is amended to read as follows:
``(d) Repayment.--A person who does not complete a nursing degree
program in which the person is enrolled in accordance with the
agreement entered into under subsection (a), or having completed the
nursing degree program, does not become an officer in the Nurse Corps
of the Army or the Navy or an officer designated as a nurse officer of
the Air Force or commissioned corps of the Public Health Service; or
does not complete the period of obligated active service required under
the agreement, shall be subject to the repayment provisions of section
327 of title 37.''.
(nn) Education Loan Repayment Program: Commissioned Officers in
Specified Health Professions.--Subsection (g) of section 2173 of such
title is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2) An officer who does not complete the period of active duty
specified in the agreement entered into under subsection (a)(3), or the
alternative obligation under paragraph (1), shall be subject to the
repayment provisions of section 327 of title 37.''.
(oo) Scholarship Program for Degree Program for Degree or
Certification in Information Assurance.--Section 2200a of such title is
amended--
(1) by amending subsection (e) to read as follows:
``(e) Repayment for Period of Unserved Obligated Service.--(1) A
member of an armed force who does not complete the period of active
duty specified in the service agreement under section (b) shall be
subject to the repayment provisions of section 327 of title 37.
``(2) A civilian employee of the Department of Defense who
voluntarily terminates service before the end of the period of
obligated service required under an agreement entered into under
subsection (b) 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 and otherwise to achieve
the goals set forth in section 2200(a) of this title.
``(A) Obligation as debt.--An obligation to reimburse the
United States imposed under paragraph (1) is for all purposes a
debt owed to the United States.
``(B) Repayment.--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.
``(C) Effect of discharge in bankruptcy.--A discharge in
bankruptcy under title 11 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.'';
(2) by striking subsection (f); and
(3) by redesignating subsection (g) as subsection (f).
(pp) Cadets: Agreement to Service as Officer.--Section 4348 of such
title is amended by adding at the end the following new subsection:
``(f) A cadet or former cadet who does not fulfill the terms of the
agreement as specified under section (a), or the alternative obligation
under subsection (b), shall be subject to the repayment provisions of
section 327 of title 37.''.
(qq) Midshipmen: Agreement for Length of Service.--Section 6959 of
such title is amended by adding at the end the following new
subsection:
``(f) A midshipman or former midshipman who does not fulfill the
terms of the agreement as specified under section (a), or the
alternative obligation under subsection (b), shall be subject to the
repayment provisions of section 327 of title 37.''.
(rr) Cadets: Agreement to Service as Officer.--Section 9348 of such
title is amended by adding at the end the following new subsection:
``(f) A cadet or former cadet who does not fulfill the terms of the
agreement as specified under section (a), or the alternative obligation
under subsection (b), shall be subject to the repayment provisions of
section 327 of title 37.''.
(ss) Cadets: Number, Appointment, Obligation To Serve.--Section 182
of title 14, United States Code, is amended by adding at the end the
following new subsection:
``(g) A cadet or former cadet who does not fulfill the terms of the
obligation to serve as specified under section (b), or the alternative
obligation under subsection (c), shall be subject to the repayment
provisions of section 327 of title 37.''.
(tt) Educational Assistance for Members of the Selected Reserve.--
Section 16135 of title 10 United States Code, is amended to read as
follows:
``Sec. 16135. Failure to participate satisfactorily; penalties
``(a) A member of the Selected Reserve of the Ready Reserve of an
armed force who does not participate satisfactorily in required
training as a member of the Selected Reserve during a term of
enlistment or other period of obligated service that created
entitlement of the member to educational assistance under this chapter,
and during which the member has received such assistance, shall, at the
option of the Secretary concerned--
``(1) be ordered to active duty for a period of two years
or the period of obligated service the person has remaining
under section 16132 of this title, whichever is less; or
``(2) be subject to the repayment provisions under section
327 of title 37.
``(b) Any repayment under the provisions of section 327 of title 37
shall not affect the period of obligation of such member to serve as a
Reserve in the Selected Reserve.''.
(uu) Health Professions Stipend Program--Penalties and
Limitations.--Subparagraph (B) of section 16203(a)(1) of such title is
amended to read as follows:
``(B) shall be subject to the repayment provisions of section 327
of title 37.''.
(vv) Marine Corps Platoon Leaders Class: College Tuition Assistance
Program.--Subsection (f) of section 16401 of such title is amended--
(1) in paragraph (1), by striking ``may be required to
repay the full amount of financial assistance'' and inserting
``shall be subject to the repayment provisions of section 327
of title 37''; and
(2) by amending paragraph (2) to read as follows:
``(2) Any requirement to repay any portion of financial
assistance received under this section shall be administered
under Secretary of Defense regulations issued under section 327
of title 37. The Secretary of the Navy may waive the
obligations referenced in paragraph (1) in the case of a person
who--''.
(ww) Conversion to Military Occupational Security Incentive
Bonus.--Subsection (e) of section 326 of title 37, United States Code,
is amended to read as follows:
``(e) Repayment of Bonus.--A member who fails to serve in such
military occupational specialty for the period specified in the
agreement executed under subsection (a) shall be subject to the
repayment provisions of section 327 of this title.''.
(xx) Effective Date.--(1) The amendments made by this section shall
take effect on April 1, 2005.
(2) Notwithstanding paragraph (1)--
(A) the amendments made by this section do not apply to any
bonus, incentive, special pay or similar payment (such as
education assistance or stipend), which the United States
became obligated to pay before April 1, 2005; and
(B) the following provisions in effect on March 30, 2005,
shall continue to apply, in accordance with the provisions
thereof, with respect to any bonus, incentive, special pay, or
an educational benefit or stipend, which the United States
became obligated to pay before April 1, 2005:
(i) sections 301b(g), 301d(c), 301e(d), 302(f),
302a(b)(4), 302b, 302d(d), 302e, 302f, 302g, 302h,
302j, 308(d), 308b(d), 308c(d), 308e(d), 308g(d),
308h(c), 308i(d), 309(b), 312(b), 312b(a)(2), 314(d),
318(h), 319(h), 321(f), 322(f), 323(g), 324(f), 325(g),
and 326(e) of title 37, United States Code;
(ii) sections 510, 1744(d)(3); 2005(a)(3), (c),
(d), (f), and (g); 2007; 2105; 2107; 2123(e)(1)(C);
2130a(d); 2173(g); 2200a(e)(3); 4348; 6959; 9348;
16135; 16203(a)(1)(B); and 16401(f)(1) of title 10,
United States Code; and
(iii) section 182 of title 14, United States Code.
Subtitle C--Travel and Transportation Allowances
SEC. 621. LODGING COSTS INCURRED IN CONNECTION WITH STUDENT DEPENDENT
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 described in paragraph (1) may include
reimbursement at a rate prescribed by the Secretaries concerned
for lodging costs incurred when, for reasons beyond the control
of the student, the student is required to procure
accommodations while en route.''.
SEC. 622. EXPANDED TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY
MEMBERS TO ATTEND BURIAL CEREMONIES.
Section 411f of title 37, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Limitations.--Allowances under subsection (a) may be provided
to the same location determined under section 1482 of title 10, and may
not exceed the rates for two days and the time necessary for such
travel.''; and
(2) in subsection (c)(1)(C), 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''.
Subtitle D--Other Matters
SEC. 631. PROTECTION AGAINST DOUBLE TAXATION FOR SERVICE MEMBERS ABSENT
FROM THEIR RESIDENCE OR DOMICILE SOLELY BY REASON OF
COMPLIANCE WITH MILITARY ORDERS.
Section 511(c) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 571) is amended by adding at the end the following new paragraph:
``(5) Use, excise, or similar taxes.--A tax jurisdiction may not
impose a sales, use, excise, or similar tax on the personal property of
a nonresident servicemember when the laws of the tax jurisdiction fail
to provide a credit against such taxes for sales, use, excise, or
similar taxes previously paid on the same property to another tax
jurisdiction.''.
SEC. 632. ACCUMULATION OF ANNUAL LEAVE BY INTELLIGENCE SENIOR LEVEL
EMPLOYEES.
Section 1607 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Accumulation of Annual Leave to Employees in Intelligence
Senior Level Positions.--Employees in Intelligence Senior Level
positions designated under subsection (a) may accumulate annual leave
consistent with the provisions of section 6304(f) of title 5.''.
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. EXEMPTION OF NONAPPROPRIATED FUND HEALTH BENEFITS PROGRAM
FROM NON-FEDERAL LAWS, TAXES, AND MANDATES.
Section 349 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2727) is amended by adding at
the end the following new subsection:
``(c) Exemption.--(1) No tax, fee, other monetary payment, or
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 that program by any State, United States Territory, the
District of Columbia, or the Commonwealth of Puerto Rico, or by any
political subdivision or other non-federal government authority
thereof. This prohibition shall apply to the same extent as the
prohibition in section 8909(f) of title 5, United States Code, applies
to the health insurance program authorized by chapter 89 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
subcontractor of that 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 that program or by such carrier or
underwriting or plan administration subcontractor from business
conducted under this chapter, if that tax, fee, or payment is
applicable to a broad range of business activity.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. DEFENSE ACQUISITION WORKFORCE CHANGES.
(a) Selection Criteria and Procedures.--Section 1732(b)(1)(A) of
title 10, United States Code, is amended by striking ``within grade GS-
13 or above of the General Schedule'' and inserting ``in a position as
designated by the Secretary of Defense''.
(b) Critical Acquisition Positions.--Section 1733 of such title is
amended by striking subsection (b) and inserting the following:
``(b) Designation of Critical Acquisition Positions.--(1) The
Secretary of Defense shall designate the acquisition positions in the
Department of Defense that are critical acquisition positions. Such
positions shall include the following:
``(A) Program Executive Officer.
``(B) Program Manager of a major defense acquisition
program (as defined in section 2430 of this title) or of a
significant nonmajor defense acquisition program (as defined in
section 1737(a)(3) of this title).
``(C) Deputy program manager of a major defense acquisition
program.
``(D) Any other acquisition position of significant
responsibility determined by the Secretary to be critical.
``(2) The Secretary shall periodically publish a list of the
positions designated under this subsection.
(c) Scholarship Programs.--Section 1742(3) of such title is amended
by adding at the end the following:
``(A) Written agreement.--Scholarship recipients shall be required
to sign a written agreement defining the terms for the scholarship.
Such terms shall address criteria for continuing eligibility and
repayment if the recipient fails to make the eligibility criteria and a
continuing service obligation.
``(B) Repayment.--(i) In addition to the repayments that may be
required by subparagraph (A), any person participating in a scholarship
program established under this section shall agree to pay to the United
States the total amount of educational assistance provided to the
person under this program if the person is voluntarily separated from
government service or involuntarily separated for cause from the
Department of Defense before the end of the period for which the person
has agreed to continue in the service of the Department of Defense in
an acquisition position.
``(ii) If an employee fails to fulfill his agreement to pay to the
Government the total amount of educational assistance provided to the
person under this program, a sum equal to the amount of the educational
assistance is recoverable by the Government from the employee or his
estate by--
``(I) setoff against accrued pay, compensation, amount of
retirement credit, or other amount due the employee from the
Government; and
``(II) such other method as is provided by law for the
recovery of amounts owing to the Government.
``(iii) The Secretary may waive in whole or in part a required
repayment under this subsection if the Secretary determines the
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
``(iv) Effect of discharge in bankruptcy.--A discharge in
bankruptcy under title 11 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.
``(C) Rule of construction.--Nothing in this section shall be
considered to require that a position be offered to a person after such
person successfully completes the course of education agreed to.
However, if no position described in the required written agreement of
subsection (3)(A) is offered within the time specified in the
agreement, the agreement shall be considered terminated.''.
(d) Authority To Establish Different Minimum Requirements.--Section
1764(b) of such title is amended--
(1) in paragraph (1), by striking ``(5)'' and inserting
``(6)'';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Deputy Program Manager.''.
SEC. 802. DELEGATION TO THE DEFENSE CONTRACT MANAGEMENT AGENCY TO MAKE
DETERMINATIONS CONCERNING RESTRUCTURING COSTS.
Paragraph (2) of section 2325(a) of title 10, United States Code,
is amended by striking ``an Assistant Secretary of Defense'' and
inserting ``the Director, Defense Contract Management Agency''.
SEC. 803. DISPOSAL OF EXCESS AND OBSOLETE MATERIALS CONTAINED IN THE
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authorized.--Subject to conditions specified in
subsection (b), the President may dispose excess and obsolete materials
contained in the National Defense Stockpile as set forth in the
following table, with the quantity of each material authorized for
disposal to be either the remaining inventory or the quantity set
forth, whichever is greater:
Cobalt.........................
4,497,460 pounds contained
cobalt
Beryllium metal (vacuum cast)..
5 short tons
Chromite Chemical..............
34,000 short dry tons
Chromite Refractory............
83,791 short tons
Chromium Ferroalloy............
63,279 short tons
Columbium Concentrates.........
747,978 pounds contained
columbium
Columbium Metal Ingot..........
60,751 pounds contained
columbium
Diamond, Stones................
780,426 carats
Germanium......................
34,263 kilograms
Platinum.......................
20,880 troy ounces
Platinum-Palladium.............
4,918 troy ounces
Tantalum Carbide Powder........
8,158 pounds contained tantalum
Tantalum Metal Powder..........
34,607 pounds contained
tantalum
Tantalum Minerals..............
1,287,016 pounds contained
tantalum
Tantalum Oxide.................
41,320 pounds contained
tantalum
Tungsten Ferro.................
280,415 pounds contained
tungsten
Tungsten Metal Powder..........
919,666 pounds contained
tungsten
Tungsten Ores & Concentrates...
60,375,212 pounds contained
tungsten
(b) Minimization of Disruption and Loss.--Disposal of materials
under this section should minimize--
(1) undue disruption of the usual markets of producers,
processors, and consumers of the materials proposed for
disposal; or
(2) avoidable loss to the United States.
(c) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority and is
in addition to, and shall not affect, any other disposal authority
provided by law regarding the materials in the National Defense
Stockpile.
SEC. 804. PRIVATIZATION OF MILITARY UTILITIES LOCATED ON NON-FEDERAL
LAND.
Section 2688 of title 10, United States Code, is amended--
(1) by adding at the end the following new subsection:
``(j) Conveyances on Property Owned by Others.--(1) Notwithstanding
subsection (b), for those installations where the United States does
not own a preponderance of the land underlying the installation, the
Secretary concerned may carry out a conveyance under subsection (a),
without using competitive procedures, if the prospective conveyee--
``(A)(i) is a utility company whose service area is
adjacent to or covers part or all of the installation;
``(ii) is a regulated utility company;
``(iii) has a franchise to serve the area encompassing part
or all of the installation; and
``(iv) has a franchise granted by the state; or
``(B)(i) is a governmental entity;
``(ii) operates a public airport adjoining the
installation;
``(iii) owns the property underlying a substantial part or
all of the installation; and
``(iv) owns the utility system for the adjoining airport.
``(2) Clause (A)(iii) of paragraph (1) shall apply only if the
state in which the installation is located grants franchises for the
type of utility system being conveyed.
``(3) If more than one prospective conveyee meets the requirements
of paragraph (1), the Secretary may limit competition to only those
prospective conveyees.'';
(2) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Notwithstanding paragraph (1), if the conveyance is
made in accordance with subsection (j), and is made--
``(A) to a regulated utility company which is
wholly owned by or is a governmental entity, or
``(B) to a governmental entity under clause (B) of
subsection (j)(1)--
``the Secretary may determine that the interest conveyed has a
value of $1.00. Such determination shall be conclusive for all
purposes.'';
(3) in subsection (f), by adding at the end the following
new paragraph:
``(3) In any conveyance to which paragraph (2) of
subsection (c) applies, the Secretary shall require that the
utility system, without notice, charge, or cost, revert to the
ownership of the United States if the utility company to which
the system was conveyed--
``(A) if wholly owned by a governmental entity when
the system was conveyed, ceases to be wholly owned by a
governmental entity, or
``(B) if a governmental entity when the system was
conveyed, changes to a non-governmental entity.''; and
(4) in subsection (h)--
(A) in the subsection heading, by striking
``Utility System Defined'' and inserting
``Definitions''; and
(B) by adding at the end the following new
paragraphs:
``(3) The term `governmental entity' means public bodies
created in accordance with state law for the purpose of
exercising the authority of the state.
``(4) The term `independent regulatory body' means the
Federal Energy Regulatory Commission, a state-wide agency, or
an agency with less than state-wide jurisdiction when operating
pursuant to state authority. Such a body must have the power to
fix, establish, or control the rates and services of utility
systems.
``(5) The term `non-independent regulatory body' means a
body that regulates a utility system which is owned or operated
by the regulatory body or by the same entity that created the
regulatory body, such as a municipality that owns or operates
and regulates its own municipal utility system.
``(6) The term `regulated utility company' means a utility
company regulated by an independent regulatory body, as opposed
to a non-independent regulatory body.''.
SEC. 805. ELIMINATION OF DELAYS IN ASSIGNMENT OF REAL PROPERTY TO
FEDERAL SPONSORING AGENCIES FOR PUBLIC BENEFIT
CONVEYANCES.
Section 550 of title 40, United States Code, is amended by adding
at the end the following new subsection:
``(i) Direct Conveyance of Base Closure Properties.--(1) In regard
to base closure properties disposed of under subsections (c), (d), (e),
and (f), the duties, authorities, and responsibilities of the Secretary
of Education, the Secretary of Health and Human Services, the Secretary
of the Interior, and the Secretary of Housing and Urban Development,
respectively, under those subsections, shall be exercised by the
Secretary of Defense. Notwithstanding the previous sentence, the
Secretary of Education, the Secretary of Health and Human Services, the
Secretary of the Interior, and the Secretary of Housing and Urban
Development shall retain their responsibility under subsections (c),
(d), (e), and (f), respectively, to recommend the need for use of the
properties for school, classroom, or other educational use, for
protection of public health, including research, for public park or
recreation area, and for low income housing assistance.
``(2)(A) For purposes of this section, the term `base closure
properties' means those properties of the Department of Defense made
excess to the needs of the Department of Defense pursuant to actions
under a base closure law.
``(B) For purposes of this section, the term `base closure law' has
the same meaning as provided in section 101(17) of title 10.''.
SEC. 806. TREATMENT OF CERTAIN FORMER MILITARY INSTALLATION LANDS AS
HUBZONES.
Section (3)(p)(1) of the Small Business Act (15 U.S.C. 632 (p)(1))
is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``or''; and
(3) by inserting at the end the following new subparagraph:
``(E) lands within the external boundaries of a
military installation that not more than 7 years
earlier was closed, realigned, transferred, converted,
or redeveloped under the authority of--
``(i) 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);
``(ii) title II of the Defense
Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note);
``(iii) section 2687 of title 10, United
States Code;
``(iv) any other provision of law
authorizing or directing the Secretary of
Defense or the Secretary of a military
department to dispose of real property at the
military installation for purposes of
redevelopment, while retaining the authority to
enter into a leaseback of all or a portion of
the property for military use; or
``(v) excludes lands under the
jurisdiction, custody, and control of a non-DoD
federal agency from the HUBZone Program.''.
SEC. 807. REPEAL OF REDUNDANT LIMITATIONS ON THE PROCUREMENT OF TOTALLY
ENCLOSED LIFEBOATS.
(a) Section 8124 of the Department of Defense Appropriations Act,
1994 (Public Law 103-139; 107 Stat. 1469) is repealed.
(b) Section 8093 of the Department of Defense Appropriations Act,
1995 (Public Law 103-335; 108 Stat. 2638) is repealed.
SEC. 808. AMENDMENTS TO SMALL BUSINESS COMPETITIVENESS DEMONSTRATION
PROGRAM ACT OF 1988; STREAMLINING DATA COLLECTION.
The Small Business Competitiveness Demonstration Program Act of
1988 (15 U.S.C. 644 note, parts A and B) is amended--
(1) by striking paragraph 702(3);
(2) in section 711--
(A) in subsection (b)--
(i) by amending paragraph (1) to read as
follows:
``(1) the competitive capabilities of small business firms
in designated industry groups will enable them to successfully
compete on an unrestricted basis for Federal contracting
opportunities, in excess of $500,000,''
(ii) by striking paragraph (2);
(iii) by redesignating paragraph (3) as
paragraph (2);
(B) by amending subsection (d) to read as follows:
``(d) Application.--The Program shall apply to contract
solicitations for the procurement of services in the designated
industry groups as detailed in section 717.'';
(3) by amending section 712 to read as follows:
``SEC. 712. ENHANCED SMALL BUSINESS PARTICIPATION GOALS.
``(a) Enhanced Goals for Designated Industry Groups.--Each
participating agency shall establish an annual small business
participation goal that is 40 percent of the dollar value of the
contract awards for each of the designated industry groups. In
attaining its small business participation goal for contract awards for
each of the designated industry groups, each participating agency shall
limit the use of small business set-aside procedures (15 U.S.C. 644(a))
to only those requirements with an anticipated contract award price,
including all options, of $500,000 or less.
``(b) Small Business Reserve.--During the term of the Program, all
contract opportunities in the designated industry groups in section 717
shall be reserved for exclusive competition among small business
concerns in accordance with the competition standard specified in
section 15(j) of the Small Business Act (15 U.S.C. 644(j)), if the
estimated award value of the contract is at or below the simplified
acquisition threshold.
``(c) Encourage and Promote Joint Ventures and Teaming
Agreements.--Federal departments and agencies participating under the
``Small Business Competitiveness Demonstration Program'' shall
encourage and promote joint ventures, teaming agreements, and other
similar arrangements, which permit small business concerns to compete
effectively for contract solicitations for which an individual small
business concern would lack the requisite capacity or capability needed
to establish responsibility for the award of a contract. Contracts
awarded to such small business joint ventures and teams shall be
accounted as small business awards if small businesses participating in
such arrangements perform not less than fifty one percent of the
requirement.'';
(4) by amending section 713 to read as follows:
``SEC. 713. PROCUREMENT PROCEDURES.
``(a) Full and Open Competition.--Except as provided in subsections
(b) each contract opportunity with an anticipated value of more than
$500,000 for the procurement of goods and services from firms in the
designated industry groups (unless set aside pursuant to section 8(a)
of the Small Business Act (15 U.S.C. 637(a)), section 2323 of title 10,
United States Code, section 7102 (15 U.S.C. 644 note) or (15 U.S.C.
632(p)) shall be solicited on an unrestricted basis.
``(b) Restricted Competition.--Requirements with an anticipated
value of $500,000 or less, including all options, shall be solicited to
the maximum extent practicable pursuant to 15(a) and 15(q) of the Small
Business Act (15 U.S.C. 644(a) and (q)).'';
(5) by repealing section 714;
(6) by amending section 716 to read as follows:
``SEC. 716. REPORTS TO CONGRESS.
``(a) In General.--Within 180 days after data for each of fiscal
years 1991 through 2010 are available from the Federal Procurement Data
Center, the Administrator of the Small Business Administration shall
report the results of the Small Business Competitiveness Demonstration
Program to the Senate Committee on Small Business and Entrepreneurship,
the House of Representatives Committee on Small Business, the Senate
Committee on Government Affairs and the House of Representatives
Committee on Government Reform. The views of the Administrator of the
Small Business Administration shall be included in the report.
``(b) Recommendations.--Limitation on the use of small business
set-aside procedures above $500,000 shall remain in effect through
fiscal year 2010. The Administrator of the Small Business
Administration in consultation with the Administrator of the Office of
Federal Procurement Policy may make adjustments to the $500,000 small
business set-aside ceiling based on the Federal-wide small business
achievement of 40 percent with respect to each of the designated
industry groups. The 40 percent small business goal accomplishment or
non-accomplishment shall include all small business awards as the
numerator irrespective of the type of preference program and shall
include small business awards pursuant to full and open competition,
excluding foreign military sales. The denominator shall include all
awards to business concerns, excluding foreign military sales.''; and
(7) in section 718--
(A) by striking subsection (b); and
(B) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively.
SEC. 809. DEMONSTRATION PROGRAMS USING DESIGN-BUILD CONTRACTS.
(a) Authority To Carry Out Program.--The Secretary of the Navy and
the Secretary of the Army each may conduct a demonstration program to
assess the feasibility and desirability to enter into design for
design-build contract (fast-track design funding) prior to
authorization and appropriation of the project, using design funds made
available under the authority of section 2807 of title 10, United
States Code, for the design portion of the contract in order to reduce
facility acquisition time.
(b) Design-Build Contracting.--For purposes of the demonstration
program, the Secretary concerned shall have, in addition the authority
in paragraph (c)(5) of section 2305a of title 10, United States Code,
the authority, notwithstanding any other provision of law, to
accelerate design efforts for design-build contracts (fast-track design
funding) to complete the design effort for any military construction or
family housing construction project, prior to the project being
authorized and appropriated, if--
(1) the contractor to which the contract was awarded has
been selected using design-build selection procedures
established under section 2305a of title 10, United States
Code;
(2) a request for the authorization and appropriation of
construction funds has been submitted to Congress as part of
the President's annual budget; and
(3) the Government's liability in a Termination for
Convenience would not exceed costs above that attributable to
the final design of the project.
(c) Use of Design Funds in Design-Build Contacts.--Notwithstanding
section 2807(a) of title 10, United States Code, projects conducted as
part of this program may include projects specifically authorized by
law.
(d) Use of Design Funds in Design-Build Contracts for Facilities
for Reserve Components.--Notwithstanding section 18233(e) of title 10,
United States Code, projects conducted as part of this program may
include projects specifically authorized by law.
(e) Expiration.--The Secretary of the Navy and the Secretary of the
Army may not enter into a contract for a military construction project
under the demonstration program described in subsections (a), (b), and
(c) after September 30, 2008.
SEC. 810. TWO-YEAR EXTENSION OF LABORATORY REVITALIZATION DEMONSTRATION
PROGRAM.
Subsection (g) of section 2892 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public Law 104-
106; 110 Stat. 590; 10 U.S.C. 2805 note), as amended by section 2871 of
the Strom Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2225)), is further amended by
striking ``September 30, 2003'' and inserting ``September 30, 2005''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. TRANSPORTATION OF DEPARTMENT OF DEFENSE PASSENGERS OR
SUPPLIES BY AIR CARRIERS.
Section 2710 of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat.559), is repealed.
SEC. 822. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED PROCEDURES
TO CERTAIN COMMERCIAL ITEMS.
Section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E
of Public Law 104-106; 10 U.S.C. 2304 note) is amended by striking
``January 1, 2006'' and inserting ``January 1, 2007''.
SEC. 823. PILOT AUTHORITY FOR FOLLOW-ON PRODUCTION AGREEMENTS RELATING
TO CERTAIN PROTOTYPE PROJECTS.
(a) Follow-On Production Agreements.--A transaction entered into
under section 845 of the National Defense Authorization Act for Fiscal
Year 1994 as amended (Public Law 103-160; 10 U.S.C. 2371 note) for a
prototype project may provide for the award of a follow-on production
agreement to the participants in the transaction for a specific number
of units at specific target prices. The number of units specified in
the transaction shall be determined on the basis of a balancing of the
level of the investment made in the project by the participants other
than the Federal Government with the interest of the Federal Government
in having competition among sources in the acquisition of the product
or products prototyped under the project.
(b) appropriate Use of Authority.--The Secretary of Defense shall
ensure that no official of an agency enters into a transaction under
the authority of this section for a follow-on production agreement
unless use of a transaction is necessary to continue business
arrangements established for prototype projects that included the
significant participation of a nontraditional defense contractor when
the nontraditional defense contractor continues to participate to a
significant extent in the pre-production or production of the item.
(c) Advance Payments.--A cumulative total of up to $20,000,000 of
advances to participants in the transactions under this section is
allowed without regard to subsection 3324(a) of title 31, United States
Code, regarding advance payments.
(d) Competitive Procedures.--A follow-on production agreement
provided for in a transaction under paragraph (a) may be awarded to the
participants in the transaction without the use of competitive
procedures, notwithstanding the requirements of section 2304 of title
10, United States Code, if------
(1) competitive procedures were used for the selection of
parties for participation -in the prototype transaction;
(2) the participants in the prototype transaction
successfully completed the prototype project provided for in
the transaction;
(3) the number of units provided for in the follow-on
production agreement does not exceed the number of units
specified in the prototype other transaction for such potential
follow-on production agreement; and
(4) the prices established in the follow-on production
agreement do not exceed target prices specified in the
prototype other transaction for such a potential follow-on
production agreement.
(e) Protection of Certain Information From Disclosure.--
(1) Disclosure of information described in paragraph (2) is
not required, and may not be compelled, under section 552 of
title 5, United States Code, for five years after the date on
which the information is received by the Department of Defense.
(2)(A) Paragraph (1) applies to information described in
paragraph (B) that is in the records of the Department of
Defense if the information was submitted to the Department in a
competitive or noncompetitive process having the potential for
resulting in an award, to the party submitting the information,
of a cooperative agreement for performance of basic, applied,
or advanced research authorized by section 2358 of this title
or another transaction authorized by subsection (a).
(B) The information referred to in subparagraph (A) is the
following:
(i) A proposal, proposal abstract, and supporting
documents.
(ii) A business plan submitted on a confidential
basis.
(iii) Technical information submitted on a
confidential basis.
(f) Period of Authority.--The authority to conduct a pilot program
under this section shall terminate on September 30, 2010. The
termination of the authority shall not affect the validity of continued
performance on agreements that are awarded or modified during the
period of the pilot program.
SEC. 824. CHARGING OF FEES FOR LOGISTICS DATA.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by inserting after section 2410m the following new section:
``Sec. 2410n. Charging of fees for logistics data
``The Secretary of Defense may establish fees, at a level
sufficient to recover costs, for materials provided by the Defense
Logistics Information Services to the public, state and local
governments and federal entities from the Federal Logistics Information
System.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following item:
``2410n. Charging of fees for logistics data.''.
SEC. 825. SALE AND EXCHANGE OF MISSILE PROPELLANTS AND ELECTRICITY.
(a) In General.--Section 2404 of title 10, United States Code, is
amended--
(1) by striking ``fuel'' each place it appears and
inserting ``energy'';
(2) in subsection (d), by striking ``of the Department of
Defense'';
(3) in subsection (e), by striking ``such blends'' and
inserting ``such blends, and additives thereto'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following new
subsection (f):
``(f) Missile Propellant Defined.--In this section, the term
`missile propellant' means the chemical product which is utilized as an
energy, oxidizer, catalyst or inert additive in the engines of rockets
and missiles or used in high energy lasers.''; and
(6) in subsection (g), as redesignated by paragraph (4), by
adding at the end the following new paragraphs:
``(5) Missile propellant.
``(6) Electricity.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2404. Energy acquisitions, exchanges and waivers''.
(2) The table of sections at the beginning of chapter 141 of such
title is amended by striking the item relating to section 2404 and
inserting the following new item:
``2404. Energy acquisitions, exchanges and waivers.''.
SEC. 826. ELIMINATION OF SOLICITATION ISSUANCE DELAY.
(a) Elimination of the Small Business Act 15-Day Contract Award
Delay.--Paragraph (3) of section 8(e) of the Small Business Act (15
U.S.C. 637(e)(3)) is amended by adding at the end the following new
subparagraphs:
``(C) Notwithstanding subparagraphs (A) and (B), the 15-day wait
period may be eliminated when--
``(i) the notice required by paragraph (1)(A) and the
solicitation are issued simultaneously;
``(ii) five days are added to the period specified in
subparagraph (B) for submission of bids or proposed offers;
``(iii) the acquisition does not involve the bundling of
contracts as that term is defined in section 3(o) of the Small
Business Act (15 U.S.C. 632(o)); and
``(iv) the acquisition does not exceed $7,000,000.
``(D) Subparagraph (C) shall not be used if the head of an agency
determines its use is inconsistent with any international agreement to
which the United States is a party.''.
(b) Elimination of the Office of Federal Procurement Policy Act 15-
Day Solicitation Issuance Delay.--Section 18(a) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(a)) is amended by adding
at the end the following new paragraph:
``(8)(A) Notwithstanding paragraph (3)(A), the 15-day wait period
may be eliminated when--
``(i) the notice required by paragraph (1)(A) and the
solicitation are issued -simultaneously;
``(ii) five days are added to the period specified in
paragraph (3)(B) for submission of bids or proposals;
``(iii) the acquisition does not involve the bundling of
contracts as that term is defined in section 3(o) of the Small
Business Act (15 U.S.C. 632(o)); and
``(iv) the acquisition does not exceed $7,000,000.
``(B) Subparagraph (A) shall not be used if the head of an agency
determines its use is inconsistent with any international agreement to
which the United States is a party.''.
SEC. 827. PILOT PROGRAM TO CONTRACT WITH LOCAL GOVERNMENTS FOR
SERVICES.
(a) Acquisition Authority.--Subject to the provisions of chapter
146 of title 10, United States Code, but notwithstanding any other
provision of law related to the award of public contracts, the
Secretary of a military department may enter into a contract or other
agreement for the provision of local governmental services at an
installation of the Department of Defense with the local governmental
entity responsible in accordance with state law for serving the area
that includes the installation or facility. The Secretary may enter
into such a contract or agreement without utilizing competitive
procedures and without regard to whether the local governmental entity
to which the Secretary makes award is required by law to provide those
services to the public without direct charge: provided, however, that
such law does not require the provision of those services to federal
facilities without charge.
(b) Limitations.--The authority provided in subsection (a) may be
used at no more than two installations in each military department and
may not be applied after September 30, 2010.
(c) Definitions.--In this section, the term ``local governmental
services'' means refuse collection and disposal, libraries, recreation,
facility repair and maintenance, and utilities.
SEC. 828. PROCUREMENT OF BALL AND ROLLER BEARINGS.
(a) Limitation.--Paragraph (5) of subsection (a) of section 2534 of
title 10, United States Code, is amended to read as follows:
``(5) Ball bearings and roller bearings.--Ball bearings and roller
bearings or bearing components, except ball bearings and roller
bearings being procured for use in an end product manufactured by a
manufacturer that does not satisfy the requirements of subsection (b)
or in a component part manufactured by such a manufacturer. `Bearing
components' means the bearing element, retainer, inner race, or outer
race.''.
(b) Inapplicability to Certain Contracts.--Paragraph (2) of
subsection (j) of such section is amended to read as follows:
``(2) This section does not apply with respect to a contract or
subcontract to purchase items described in subsection (a)(5) if such
contract or subcontract is for the acquisition of commercial items,
unless commercial ball and roller bearings are being acquired as end
items.''.
SEC. 829. INCREASED THRESHOLD FOR AWARDING CONTRACTS UNDER OTHER THAN
COMPETITIVE PROCEDURES.
Section 2304(f)(1)(B) of title 10, United States Code, is amended--
(1) in clause (ii), by striking ``$50,000,000'' and
inserting ``75,000,000''; and
(2) in clause (iii), by striking ``$50,000,000'' and
inserting ``$75,000,000''.
SEC. 830. INCREASED THRESHOLD FOR REQUIRING CONTRACTORS TO PROVIDE
SPECIFIED EMPLOYEE INFORMATION 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. 831. LIMITATION ON TASK AND DELIVERY ORDER CONTRACTS.
Subsection 2304a(f) of title 10, United States Code, is amended to
read as follows:
``(f) Contract Period.--The head of an agency entering into a task
or delivery order contract under this section may provide for the
contract to cover 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 to the contract. In
no event, however, may the total contract period as extended exceed ten
years.''.
SEC. 832. OBLIGATION OF PERFORMANCE BOND SURETY UPON DEFAULT OF
CONTRACTOR.
(a) Obligation of Performance Bond Surety.--Section 3131 of title
40, United States Code, is amended by adding at the end the following
new subsection:
``(f) Obligation of Performance Bond Surety Upon Default of
Contractor.--Upon notice of contractor default and demand upon the
performance bond by the United States, and notwithstanding any remedies
the United States may have against the defaulting contractor, the
performance bond surety shall enter a takeover agreement with the
United States for completion of the defaulted work or remit to the
United States funds not in excess of the penal sum of the bond to fund
a separate completion contract or satisfy any other liability it has
under the performance bond. In the event the performance bond surety
disputes the basis of contractor default, and after satisfying its
obligations to the United States under the performance bond, the
performance bond surety's sole remedy shall be by claim for money
damages to the extent it has standing pursuant to the Contract Disputes
Act (41 U.S.C. 601, et seq.), or is otherwise subrogated to the rights
of the defaulted contractor.''.
(b) Revocation of Authority of Performance Bond Surety.--Paragraph
(1) of section 9305(d) of title 31, United States Code, is amended by
striking ``or section 9304 or 9306 of this title'' and inserting ``,
section 9304 or 9306 of this title, or section 3131 of title 40''.
Subtitle C--Acquisition-Related Reports and Other Matters
SEC. 841. STREAMLINING REAL PROPERTY TRANSACTIONS.
(a) Section 2662 of title 10, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) General Notice and Wait Requirements.--The Secretary
concerned shall provide a report of the facts concerning the proposed
transaction to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives if the
estimated price, annual rental, or value exceeds the unspecified minor
military construction ceiling in section 2805(a)(1) of this title. Such
transactions are--
``(1) An acquisition of fee title to any real property,
``(2) A lease of any real property to the United States,
``(3) A lease or license of real property owned by the
United States,
``(4) A transfer of real property owned by the United
States to another Federal agency or another military department
or to a State,
``(5) A report of excess real property owned by the United
States to a disposal agency, or
``(6) Any termination or modification by either the grantor
or grantee of an existing license or permit to a military
department of real property owned by the United States, under
which substantial investments have been or are proposed to be
made in connection with the use of the property by the military
department.''.
(2) in subsection (b), by striking ``$750,000'' and
inserting ``the unspecified minor military construction project
ceiling in section 2805(a)(1) of this title''; and
(3) in subsection (e), by striking ``$750,000'' and
inserting ``the unspecified minor military construction project
ceiling in section 2805(a)(1) of this title''.
(b) Section 2672 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(1) The'' and inserting
``The'';
(ii) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2); and
(iii) in paragraph (2), as redesignated, by
striking ``$750,000'' and inserting ``the
unspecified minor military construction project
ceiling in section 2805(a)(1) of this title'';
and
(B) by striking paragraph (2); and
(2) in subsection (b), by striking ``$750,000'' and
everything that follows through the period at the end of the
sentence and inserting ``the unspecified minor military
construction project ceiling in section 2805(a)(1) of this
title''.
SEC. 842. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING --
MANAGEMENT OF DEPOT EMPLOYEES.
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).
SEC. 843. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING
FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR
WORKLOADS.
Section 2466(d) of title 10, United States Code, is amended to read
as follows:
``(d) Annual Reports.--(1) Not later than April 1 of each year, the
Secretary of Defense shall submit to Congress a report identifying, for
each of the military departments and each Defense Agency, the
percentage of the funds referred to in subsection (a) that was expended
during the preceding fiscal year and are projected to be expended in
the current and the next fiscal years for performance of depot-level
maintenance and repair workloads by the public and private sectors, as
required by this section.
``(2) Not later than 60 days after the date on which the Secretary
submits a report under this subsection, the Comptroller General shall
submit to Congress the Comptroller General's views on whether the
Department of Defense has complied with the requirements of subsection
(a) for the preceding fiscal year covered by the report and that the
expenditure projections for the current and next fiscal years are
reasonable.''.
SEC. 844. SMALL BUSINESS PROGRAMS: CHANGE OF OFFICE TITLE.
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is
amended--
(1) by amending the heading to read as follows:
``(k) Office of Small Business Programs; Director'';
and
(2) by striking ``and Disadvantaged Business Utilization''
each place it appears and inserting ``Business Programs''.
SEC. 845. PROVISIONS RELATING TO REAL PROPERTY.
(a) In General.--(1) Section 2661 of title 10, United States Code,
is amended by adding at the end the following new subsections:
``(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 2 percent of the
purchase price.
``(d) Availability of Funds for Acquisition of Certain Interests in
Lands.--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 section 2672 of this
title and for the acquisition of interests in land under section 2675
of this title.''.
(2) Section 2679 of such title is amended--
(A) by striking the title and inserting the following:
``Sec. 2679. Use of facilities by private organizations or as polling
places'';
(B) by redesignating subsections (a), (b), (c), and (d) as
paragraphs (1), (2), (3), and (4), respectively;
(C) by inserting before paragraph (1), as redesignated, the
following:
``(a) Use of Space and Equipment by Veterans' Organizations.--'';
and
(D) by adding at the end the following new subsections:
``(b) Licenses to American National Red Cross for Erection and Use
of Buildings.--Under such conditions as he may prescribe, the Secretary
concerned may issue a revocable license to the American National Red
Cross to--
``(1) erect and maintain, on any military installation
under the Secretary's jurisdiction, buildings for the storage
of supplies; or
``(2) use, for the storage of supplies, buildings erected
by the United States.
``Supplies stored in buildings erected or used under this section are
available to aid the civilian population in a serious national
disaster.
``(c) Use of Certain Facilities as Polling Places.--(1)
Notwithstanding chapter 29 of title 18 (including sections 592 and 593
of such title) or any other provision of law, the Secretary of Defense
or Secretary of a military department may not (except as provided in
paragraph (3)) prohibit the designation or use of a qualifying facility
under the jurisdiction of the Secretary as an official polling place
for local, State, or Federal elections.
``(2) A Department of Defense facility is a qualifying facility for
purposes of this subsection if as of December 31, 2000--
``(A) the facility is designated as an official polling
place by a State or local election official; or
``(B) the facility has been used as such an official
polling place since January 1, 1996.
``(3) The limitation in paragraph (1) may be waived by the
Secretary with respect to a particular Department of Defense facility
if the Secretary determines that local security conditions require
prohibition of the designation or use of that facility as an official
polling place for any election.''.
(3) Section 2664 of such title is repealed.
(4) Sections 2666, 2670, and 2673 of such title are repealed.
(b) Clerical Amendments.--The table of sections for chapter 159 of
such title is amended--
(1) by striking the items relating to sections 2664, 2666,
2670, and 2673; and
(2) by striking the item relating to section 2679 and
inserting the following:
``2679. Use of facilities by private organizations or as polling
places.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers
SEC. 901. TRANSFER OF RESPONSIBILITY FOR THE ASSEMBLED CHEMICAL WEAPONS
ALTERNATIVES PROGRAM.
Section 142(a) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1521 note) is
amended to read as follows:
``(a) Program Management.--Oversight of the Assembled Chemical
Weapons Alternatives program shall be transferred from the Under
Secretary of Defense for Acquisition, Technology and Logistics to the
Secretary of the Army not later than January 1, 2005. Upon transfer of
oversight, the program may be managed as part of the Department of the
Army management organization specified in 50 U.S.C. 1521(e). The Army
shall continue to implement fully the alternative technologies
previously selected for the destruction of lethal chemical munitions at
Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky by
the Under Secretary of Defense for Acquisition, Technology and
Logistics.''.
SEC. 902. EXPANDED ELIGIBILITY TO SERVE AS THE DEPUTY CHIEF OF NAVAL
OPERATIONS AND ASSISTANT CHIEF OF NAVAL OPERATIONS.
(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. 903. REPEAL OF REQUIRED PERIODIC INSPECTOR GENERAL AUDITS OF
UNDEFINITIZED CONTRACTUAL ACTIONS.
Section 908 of the Defense Acquisition Improvement Act of 1986 (as
contained in section 101(c) of Public Law 99-500 and identically
enacted in section 101(c) [title X] of Public Law 99-591 and title IX
of division A of Public Law 99-661) (10 U.S.C. 2326 note) is amended by
striking subsection (b).
SEC. 904. REPEAL OF MANDATORY INSPECTOR GENERAL REVIEW OF ADVISORY AND
ASSISTANCE SERVICES CONTRACT WAIVERS.
Section 2399(e)(2) of title 10, United States Code, is amended by
striking ``The Inspector General of the Department of Defense shall
review each such waiver and shall include in the Inspector General's
semi-annual report an assessment of those waivers made since the last
such report.''.
SEC. 905. CHAIN OF SUCCESSION FOR THE 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.--Unless otherwise directed by the President or
Secretary of Defense, when there is a vacancy in the office of the
Chief of the National Guard Bureau or in the event the Chief is unable
to perform his duties, the more senior officer of either the Army
National Guard of the United States or the Air National Guard of the
United States on duty with the National Guard Bureau shall serve as the
acting Chief until a successor is appointed or the Chief once again is
able to perform his duties.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended by adding at the end the following: ``; succession''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 1011 of such title is amended by inserting
before the period at the end the following: ``; succession''.
(c) Repealer.--Subsections (d) and (e) of section 10505 of such
title are repealed.
Subtitle B--Reports
SEC. 911. REPEAL OF QUARTERLY REPORTING REQUIREMENT CONCERNING PAYMENTS
FOR DISTRICT OF COLUMBIA WATER AND SEWER SERVICES.
(a) Water and Water Service Supplied for the Use of the Government
of the United States.--Section 106(b) of the District of Columbia
Public Works Act of 1954 (sec. 34-2401.25(b), D.C. Official Code), as
amended by section 401 of the Miscellaneous Appropriations Act, 2001
(as enacted by reference in section 1(a)(4) of the Consolidated
Appropriations Act, 2001), is amended by striking paragraph (5).
(b) Sanitary Sewer Service Charges for United States Government.--
Section 212(b) of the District of Columbia Public Works Act of 1954
(sec. 34-2112(b), D.C. Official Code), as amended by section 401 of the
Miscellaneous Appropriations Act, 2001 (as enacted by reference in
section 1(a)(4) of the Consolidated Appropriations Act, 2001), is
amended by striking paragraph (5).
SEC. 912. REPEAL OF REPORTING REQUIREMENT CONCERNING THE COOPERATIVE
THREAT REDUCTION PROGRAM.
Section 1307 of the National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2165), is repealed.
SEC. 913. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING --THREAT
POSED BY WEAPONS OF MASS DESTRUCTION, BALLISTIC -
MISSILES, AND CRUISE MISSILES.
Section 234 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1664; 50 U.S.C. 2367), is
repealed.
Subtitle C--Other Matters
SEC. 921. MANPOWER AND BUDGET ISSUES IN THE DEFENSE PRISONER OF WAR/
MISSING PERSONNEL OFFICE.
Section 1501(a)(5) of title 10, United States Code, is amended by
striking subparagraph (C).
SEC. 922. THREE-YEAR EXTENSION OF MENTOR-PROTEGE PROGRAM.
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 subsection (j)--
(A) in paragraph (1), by striking ``September 30,
2005'' and inserting ``September -30, 2008''; and
(B) in paragraph (2), by striking ``September 30,
2008'' and inserting ``September -30, 2011''; and
(2) in subsection (l)(3), by striking ``2007'' and
inserting ``2010''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR
PROCUREMENT OF RESERVE EQUIPMENT.
Section 114(e) of title 10, United States Code, is repealed.
SEC. 1002. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE
DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization Act, 1986
(31 U.S.C. 1105 note) is repealed.
SEC. 1003. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK INSURANCE FOR
MERCHANT MARINE VESSELS.
(a) Section 1294 of title 46, United States Code, is amended by
striking ``June 30, 2005'' and inserting ``December 31, 2010''.
(b) Section 1288(a) of title 46, United States Code, Appendix, is
amended by striking ``Upon the request of the Secretary of
Transportation, the Secretary of the Treasury may invest or reinvest
all or any part of the fund in securities of the United States or in
securities guaranteed as to principal and interest by the United
States.'' and inserting ``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. 1004. CAPTURE OF ALL EXPIRED FUNDS FROM THE MILITARY PERSONNEL AND
OPERATION AND MAINTENANCE APPROPRIATIONS ACCOUNTS FOR USE
IN THE FOREIGN CURRENCY FLUCTUATIONS ACCOUNT.
Section 2779 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``second fiscal
year'' and inserting ``fifth fiscal year''; and
(2) in subsection (d)(2), by striking ``second fiscal
year'' and inserting ``fifth fiscal year''.
SEC. 1005. REIMBURSEMENT FOR USE OF PERSONAL CELLULAR TELEPHONES WHEN
USED FOR OFFICIAL GOVERNMENT BUSINESS.
(a) In General.--(1) Chapter 134 of title 10, United States Code,
is amended by inserting after section 2257 the following new section:
``Sec. 2258. Personal cellular telephones: reimbursement when used for
Government business
``(a) General Authority.--The Secretary of Defense may reimburse
members of the Army, Navy, Air Force, and Marine Corp, and civilian
officers and employees of the Department of Defense, for cellular
telephone use on a privately owned cellular telephone when used on
official Government business. Such reimbursement shall be on a flat-
rate basis.
``(b) Reimbursement Rate.--The Secretary of Defense may prescribe
the reimbursement rate for purposes of subsection (a). That
reimbursement rate may not exceed the equivalent Government costs of
providing a cellular telephone to employees on official Government
business.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of such chapter is amended by inserting after the item
relating to section 2257 the following new item:
``2258. Personal cellular telephones: reimbursement when used for
Government business.''.
SEC. 1006. PURCHASE OF PROMOTIONAL ITEMS OF NOMINAL VALUE FOR
RECRUITMENT PURPOSES.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599e. Authority to purchase items of nominal value for
recruitment purposes
``The Secretary of Defense may purchase promotional items of
nominal value for use in the recruitment of individuals for employment
under this chapter. The Secretary shall prescribe guidelines for the
administration of the preceding sentence.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following new item:
``1599e. Authority to purchase items of nominal value for recruitment
purposes.''.
SEC. 1007. MICROCLAIM WAIVER AUTHORITY.
(a) In General.--Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2229. General Waiver Authority
``(a) Pursuant to regulations published by the Secretary of
Defense, the Secretary or his designees may waive indebtedness owed to
United States Government and arising out of the activities of, or
referred to, the Department of Defense, and not referred to another
executive or legislative agency for further collection action, when,
based on a cost benefit analysis, the costs of collection are expected
to exceed the amounts recoverable.
``(b) The authority pursuant to this section may be delegated to
the lowest level to ensure costs of processing waivers do not exceed
costs of processing collections. Exercise of this waiver authority for
amounts in excess of the micropurchase threshold amount is not
authorized.
``(c) Waivers under subsection (a) may be applied to indebtedness
owed by military and civilian personnel, fees for jury duty, or similar
items where application of the waiver authority would be more
economical to the Government than processing the action to completion.
Application of the waiver to any transaction is at the sole discretion
of the Secretary or designee and may not be reviewed in a court of law.
``(d) Nothing in this section requires the exercise of the waiver
authority and no rights are conferred hereby on any third party.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2229. Microclaim waiver authority.''.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERVICE CRAFT AND BOATS.
(a) In General.--Subsection (d) of section 7305 of title 10, United
States Code, is amended to read as follows:
``(d) Exchange or Sale of Similar Items.--(1) Notwithstanding any
other provision of law, the Secretary and his designees, in acquiring
similar personal property pursuant to section 503 of title 40, may,
under regulations to be prescribed by the Secretary--
``(A) exchange or sell obsolete Navy service craft and
boats, and
``(B) retain from the proceeds of the sale of such personal
property amounts necessary to recover, to the extent
practicable, the full costs, direct and indirect, incurred by
the Navy in preparing such property for exchange or sale,
including the costs for towing, storage, defueling, removal and
disposal of hazardous wastes, environmental surveys to
determine the presence of regulated polychlorinated biphenyl
(PCB) containing materials, and if found, the removal and
disposal of regulated PCB-containing materials, and other
related costs.
``The Secretary or his designees may use such retained proceeds in
whole or in part payment for the preparation of additional obsolete
Navy service craft and boats for future sale or exchange under this
authority.
``(2) Such amounts shall be deposited into an account that shall be
available for such costs without regard to fiscal year limitations.
Amounts that are not needed to pay such costs shall be transferred at
least annually to the general fund or to a specific account in the
Treasury as otherwise authorized by law.
``(3) Section 3709 of the Revised Statutes does not apply to sales
of property pursuant to this subsection.''.
SEC. 1012. AWARD 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. Contracts for ship dismantling awarded on net cost basis
``(a) Authorization.--Notwithstanding any other provision of law,
the Secretary of the Navy may award on a net cost basis contracts for
the dismantling of ships stricken from the Naval Vessel Register. In
exercising authority under this section, the Secretary shall to the
maximum extent practicable use the competitive procedure or combination
of competitive procedures that is best suited under the circumstances
of the procurement.
``(b) Retention of Proceeds.--When the Secretary of the Navy awards
a ship dismantling contract on a net cost basis, the contractor may
retain the proceeds from the sale of scrap and reusable items from the
vessel being dismantled.
``(c) Definitions.--For purposes of this section:
``(1) The term `scrap' means personal property that has no
value except for its basic material content.
``(2) The term `net cost basis' means the differential
between the gross cost of performance of the contract less the
offeror's estimate of the value under the contract of scrap and
reusable items that the contractor will remove from the vessel
during performance of the contract.
``(3) The term `reusable items' means any demilitarized
components or removable portions of the ship or equipment that
the Navy has identified as excess to its needs but which have
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. Contracts for ship dismantling awarded on net cost basis.''.
Subtitle C--Counter-Drug Activities
SEC. 1021. USE OF TWO-YEAR EXTENSION OF COUNTERDRUG FUNDS FOR
COUNTERTERRORISM IN COLOMBIA.
(a) Authority.--In fiscal years 2005 and 2006, the Secretary of
Defense may use funds available for drug interdiction and counterdrug
activities to provide assistance to the Government of Colombia to
support a unified campaign against narcotics trafficking and 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). This
includes authority to take actions to protect human health and welfare
in emergency circumstances, including rescue operations for any United
States citizen, to include United States armed forces personnel, United
States civilian employees, and civilian contractors employed by the
United States.
(b) Relationship to Existing Authority.--The authority in this
section is in addition to authorities currently available to provide
assistance to Colombia.
Subtitle D--Other Department of Defense Provisions
SEC. 1031. CONTROL AND SUPERVISION OF TRANSPORTATION WITHIN THE --
DEPARTMENT OF DEFENSE.
(a) In General.--Title 10, United States Code, is amended as
follows:
(1) Section 4744 is amended--
(A) by redesignating section 4744 as section 2648;
(B) in the first sentence, by striking ``the Army''
and inserting ``Defense''; and
(C) in the first paragraph, by striking ``Army
transport agencies or, within bulk space allocations
made to the Department of the Army, on vessels operated
by any military transport agency of''.
(2) Section 4745 is amended--
(A) by redesignating section 4745 as section 2649;
(B) in paragraph (a)--
(i) by striking ``(1) on vessels operated
by Army transport agencies, or (2) within bulk
space allocations made to the Department of the
Army'';
(ii) by striking ``any transport agency
of''; and
(C) by striking ``the Army and the Secretary of
Transportation'' and --inserting ``Defense''.
(3) Section 4747 is amended--
(A) by redesignating section 4747 as section 2650;
(B) by striking ``Army transport agencies or,
within bulk space allocations made to the Department of
the Army, on vessels operated by any transport agency
of''; and
(C) by striking ``the Army'' and inserting
``Defense''.
(4) Section 4741 is repealed.
(5) Section 4743 is repealed.
(6) Section 4746 is repealed.
(7) Section 9741 is repealed.
(8) Section 9743 is repealed.
(9) Section 9746 of title 10, United States Code, is
amended--
(A) by redesignating section 9746 as section 2651;
(B) by inserting ``vessels or'' after ``transported
on'';
(C) by striking ``Air Force transport agencies or,
within bulk space -allocations made by the Department
of the Air Force, on vessels or airplanes operated by
any military transport agency of'';
(D) in paragraph (1), by striking ``the Air Force''
and inserting ``Defense''; and
(E) in paragraph (4)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraph (B) as
subparagraph (A).
(b) Clerical Amendments.--
(1)(A) The table of sections at the beginning of chapter
447 of such title is amended by striking the item relating to
section 4744.
(B) The table of sections at the beginning of chapter 157
of such title is amended by adding at the end the following new
item:
``2647. Persons and supplies: sea transportation.''.
(2)(A) The table of sections at the beginning of chapter
447 of such title is amended by striking the item relating to
section 4745.
(B) The table of sections at the beginning of chapter 157
of such title is amended by adding at the end the following new
item:
``2648. Civilian passengers and commercial cargoes: transports in
trans-Atlantic service.''.
(3)(A) The table of sections at the beginning of chapter
447 of such title is amended by striking the item relating to
section 4747.
(B) The table of sections at the beginning of chapter 157
of such title is amended by adding at the end the following new
item:
``2648. Passengers and merchandise to Guam: sea transport.''.
(4) The table of sections at the beginning of chapter 447
of such title is amended by striking the item relating to
section 4741.
(5) The table of sections at the beginning of chapter 447
of such title is amended by striking the item relating to
section 4743.
(6) The table of sections at the beginning of chapter 447
of such title is amended by striking the item relating to
section 4746.
(7) The table of sections at the beginning of chapter 947
of such title is amended by striking the item relating to
section 9741.
(8)(A) The table of sections at the beginning of chapter
447 of such title is amended by striking the item pertaining to
section 4746; and
(B) The table of sections at the beginning of chapter 157
of such title is amended by adding at the end the following new
item:
``2651. Civilian personnel in Alaska.''.-
Subtitle E--Other Matters
SEC. 1041. REPEAL OF PROHIBITION ON CONTRACTS FOR PERFORMANCE OF
SECURITY-GUARD FUNCTIONS.
Section 2465 of title 10, United States Code, is amended--
(1) by striking ``or security-guard'' in the section
heading; and
(2) in subsection (a), by striking ``or security guard''.
SEC. 1042. ESTABLISHMENT OF AUXILIARIES WITHIN THE MILITARY
DEPARTMENTS.
(a) In General.--Part IV of subtitle A of title 10, United States
Code, is amended by inserting after chapter 172 the following new
chapter:
``CHAPTER 173--AUXILIARIES
``Sec.
``2921. Administration of auxiliaries.
``2922. Purpose of an auxiliary.
``2923. Eligibility, enrollments.
``2924. Members of the auxiliary; status.
``2925. Disenrollment.
``2926. Membership in other organizations.
``2927. Use of member's equipment and facilities.
``2928. Availability of appropriations.
``2929. Assignment and performance of duties.
``2930. Injury or death in line of duty.
``2931. Limitation on liability.
``Sec. 2921. Administration of auxiliaries
``(a) An auxiliary of a military department is a nonmilitary
organization administered by the Secretary concerned. For command,
control, and administrative purposes, the auxiliary shall include such
organizational elements and units as are approved by the Secretary,
which may include a national board and staff (to be known as the
`auxiliary headquarters unit'), districts, regions, divisions, and
other organizational elements and units. The auxiliary organization and
its officers shall have such rights, privileges, powers, and duties as
may be granted to them by the Secretary, consistent with this title and
other applicable provisions of law. The Secretary may designate the
authority and responsibilities of the officers of the auxiliary that
the Secretary considers necessary or appropriate for the functioning,
organization, and internal administration of the auxiliary.
``(b) The national board of an auxiliary, and any auxiliary
district or region, may form a corporation under State law in
accordance with policies established by the Secretary.
``Sec. 2922. Purpose of an auxiliary
``The purpose of an auxiliary is to assist the military department
under which it is established, as authorized by the Secretary
concerned, in performing any non-combat function, power, duty, role,
mission, or operation authorized by law for that military department.
``Sec. 2923. Eligibility, enrollments
``An auxiliary shall be composed of citizens of the United States,
who by reason of their special training or experience are deemed by the
Secretary concerned to be qualified for duties and functions of the
auxiliary, and who may be enrolled therein pursuant to regulations
established by the Secretary.
``Sec. 2924. Members of the auxiliary; status
``(a) Except as otherwise provided in this chapter, a member of an
auxiliary shall not be considered a Federal employee.
``(b) A member of an auxiliary, while performing duty, shall be
considered to be a Federal employee for the purposes of the provisions
of law relating to--
``(1) ethics, conflicts of interest, corruption, and any
other criminal or civil statutes and regulations governing the
conduct of Federal employees;
``(2) compensation for work injuries under chapter 81 of
title 5; and
``(3) resolution of claims relating to damage to or loss of
personal property of the member incident to service under
section 3721 of title 31.
``(c) A member of the auxiliary, while assigned to duty, shall be
deemed to be a person acting under an officer of the United States or
an agency thereof for purposes of section 1442(a)(1) of title 28.
``(d) A member of the auxiliary, while assigned to duty, shall be
deemed to be a member of a uniformed service for purposes of sections
2928 and 2930 of this title.
``Sec. 2925. Disenrollment
``Members of an auxiliary may be disenrolled pursuant to applicable
regulations established by the Secretary concerned.
``Sec. 2926. Membership in other organizations
``Members of an auxiliary may be appointed or enlisted in a Reserve
component, pursuant to applicable regulations. Membership in the
auxiliary shall not bar membership in any other naval or military
organization.
``Sec. 2927. Use of member's equipment and facilities
``At no cost to the government, the Secretary concerned may utilize
for any purpose incident to carrying out his department's functions and
duties, equipment or facilities placed at his department's disposition
for any such purpose by any member of the auxiliary while performing
duties or missions assigned by the Secretary.
``Sec. 2928. Availability of appropriations
``Appropriations authorized for operation and maintenance of a
military department may be used to pay actual necessary traveling
expenses and subsistence, or commutation of ration allowance in lieu of
subsistence, of members of the auxiliary assigned to authorized duties,
but shall not be available for the payment of compensation for personal
services, incident to such operation, other than to personnel of the
military department.
``Sec. 2929. Assignment and performance of duties
``No member of an auxiliary, solely by reason of such membership,
shall be vested with, or exercise, any right, privilege, power, or duty
vested in or imposed upon the personnel of the military department
concerned, except that any such member may, under applicable
regulations, be assigned duties which, after appropriate training and
examination, he has been found competent to perform, to effectuate the
purposes of the auxiliary. No member of the auxiliary shall be placed
in charge of an activity or organization assigned to the military
department unless he has been designated specifically by authority of
the Secretary concerned to perform such duty. Members of the auxiliary,
when assigned to duties as herein authorized, shall, unless otherwise
limited by the Secretary concerned, be vested with the same power and
authority in the execution of such duties as members of the regular or
Reserve components of that military department assigned to similar
duty. When any member of the auxiliary is assigned to such duty, he
may, pursuant to regulations issued by the Secretary, be paid actual
necessary traveling expenses, including a per diem allowance in
conformity with standardized Government travel regulations in lieu of
subsistence, while traveling and while on duty away from his home. No
per diem shall be paid for any period during which quarters and
subsistence in kind are furnished by the Government. No member of an
auxiliary, while performing auxiliary duty, shall exercise command.
``Sec. 2930. Injury or death in line of duty
``(a) If a member of an auxiliary is physically injured, or dies as
a result of physical injury, and the injury is incurred while
performing any duty to which he has been assigned pursuant to this
chapter, the law authorizing compensation for employees of the United
States suffering injuries while in the performance of their duties,
applies, subject to this section. That law shall be administered by the
Secretary of Labor to the same extent as if the member was a civil
employee of the United States and was injured in the performance of
that duty. For benefit computation, regardless of pay or pay status,
the member is considered to have had monthly pay of the monthly
equivalent of the minimum rate of basic pay in effect for grade GS-9 of
the General Schedule on the date the injury is incurred.
``(b) This section does not apply if a worker's compensation law
provides coverage because of a concurrent employment status of the
member. When the member or a dependent is entitled to a benefit under
this section and also to a concurrent benefit from the United States on
account of the same disability or death, the member or dependent, as
appropriate, shall elect which benefit to receive.
``(c) If a claim is filed under this section with the Secretary of
Labor for benefits because of an alleged injury or death, the Secretary
of Labor shall notify the Secretary concerned who shall direct an
investigation into the facts surrounding the alleged injury or death.
The Secretary then shall certify to the Secretary of Labor whether or
not the injured or deceased person was a member of an auxiliary, the
person's military status, and whether or not the injury or death was
incurred incident to military service.
``(d) A member of an auxiliary who incurs a physical disability or
contracts sickness or disease while performing a duty to which the
member has been assigned pursuant to this chapter is entitled to the
same hospital treatment afforded a member of the Reserves of the armed
forces while serving on active duty.
``(e) In administering section 8133 of title 5, for a person
covered by this section--
``(1) the percentages applicable to payments under that
section are--
``(A) 45 percent under subsection (a)(2) of that
section, where the member died fully or currently
insured under title II of the Social Security Act (42
U.S.C. 401 et seq.), with no additional payments for a
child or children so long as the widow or widower
remains eligible for payments under that subsection;
``(B) 20 percent under subsection (a)(3) of that
section, for one child, and 10 percent additional for
each additional child, not to exceed a total of 75
percent, where the member died fully or currently
insured under title II of the Social Security Act; and
``(C) 25 percent under subsection (a)(4) of that
section, if one parent was wholly dependent for support
upon the deceased member at the time of the member's
death and the other was not dependent to any extent; 16
percent to each if both were wholly dependent; and if
one was, or both were, partly dependent, a
proportionate amount in the discretion of the Secretary
of Labor;
``(2) payments may not be made under subsection (a)(5) of
that section; and
``(3) the Secretary of Labor shall inform the Commissioner
of Social Security whenever a claim is filed and eligibility
for compensation is established under section 8133(a)(2) and
(3) of title 5. The Commissioner of Social Security then shall
certify to the Secretary of Labor whether or not the member
concerned was fully or currently insured under title II of the
Social Security Act at the time of the member's death.
``Sec. 2931. Limitation on liability
``A member of an auxiliary, while assigned to duty, shall be deemed
a volunteer of a nonprofit organization or governmental entity for
purposes of chapter 139 of title 42 (popularly known as the `Volunteer
Protection Act'). Subsection (d) of section 4 of such Act (42 U.S.C.
14503(d)) shall not apply for purposes of any claim against a member of
an auxiliary.''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
such subtitle and the beginning of part I of such subtitle are amended
by inserting after the item relating to chapter 172 the following new
item:
``173. Auxiliaries.......................................... 2921''.
SEC. 1043. NATIONAL DEFENSE HERITAGE FOUNDATION.
(a) In General.--Part IV of Subtitle A of title 10, United States
Code is amended by adding at the end the following new chapter:--
``CHAPTER 173--NATIONAL DEFENSE HERITAGE FOUNDATION
``Sec.
``2905. Establishment and Purpose.
``2906. Composition and Operation.
``2907. Corporate Powers and Obligations.
``2908. Tax exemptions; contributions toward costs of local government;
contributions, gifts, or transfers to or
for use of United States.
``2909. Liability of United States.
``2910. Promotion of local fundraising support.
``2911. Authorization of appropriations.
``Sec. 2905. Establishment and purpose
``(a) Establishment.--A National Defense Heritage Foundation is
hereby established as a charitable and nonprofit corporation for the
purposes specified in subsection (b), and shall be organized and
operated as a charitable foundation under title 76, section 501(c)(3),
United States Code.
``(b) Purposes.--The Foundation shall encourage, accept, and
administer private gifts of money and real and personal property or any
income therefrom for the benefit of, or in connection with, the
preservation, protection, and continued beneficial use of historic
properties owned or controlled by the Department of Defense.
``Sec. 2906. Composition and operation----
``(a) Board of Directors.--The National Defense Heritage Foundation
shall be governed by a Board of Directors hat shall consist of--
``(1) the Secretary of Defense, ex officio;
``(2) the Secretaries of the Military Departments, ex
officio;
``(3) the Director of the National Park Service, ex
officio;
``(4) five experts in the field of historic preservation
appointed by the Secretary of Defense from the disciplines of
architecture, history, archeology, or other appropriate -
disciplines;
``(5) three at-large members from the general public
appointed by the Secretary of Defense; and
``(6) the Chairman of the Advisory Council on Historic
Preservation, ex officio.
``(b) Term of Appointment.--The initial terms of the five historic
preservation experts and the three at-large members shall be staggered
to assure continuity of administration. Thereafter, the term shall be
six years, unless a successor is chosen to fill a vacancy occurring
prior to the expiration of the term for which his predecessor was
chosen, in which event the successor shall be chosen only for the
remainder of that term.
``(c) Chairperson and Secretary.--The Secretary of Defense shall be
the Chairman of the Board and the Director of the National Park Service
shall be the Secretary of the Board.
``(d) Membership and Operation.--Except as to those Board members
serving in their official capacities, service as a member of the Board
shall not constitute employment by, or the holding of, an office of the
United States for the purposes of any Federal law. A majority of the
members of the Board serving at any one time shall constitute a quorum
for the transaction of business, and the Foundation shall have an
official seal, which shall be judicially noticed. The Board shall meet
at the call of the Chairman and there shall be at least one meeting
each year.
``(e) Compensation and Travel Expenses.--No compensation shall be
paid to the members of the Board for their services as members, but
they shall be reimbursed for actual and necessary traveling and
subsistence expenses incurred by them in the performance of their
duties as such members out of National Defense Heritage Foundation
funds available to the Board for such purposes.
``(f) Volunteer Status.--The Secretary of Defense may accept,
without regard to civil service classification laws, rules, or
regulations, the services of the Foundation, the Board, and the
officers and employees of the Board, without compensation from the
Department of Defense, as volunteers in the performance of the
functions authorized herein.
``(g) Employees.--An officer or employee of the Foundation--
``(1) shall not by virtue of the appointment or employment
of the office or employee, be considered a Federal employee for
any purpose; and
``(2) may not be paid by the Foundation a salary in excess
of $134,000 per year.
``Sec. 2907. Corporate powers and obligations
``(a) Gifts.--(1) The Foundation is authorized to accept, receive,
solicit, hold, administer, and use any gifts, devises, or bequests,
either absolutely or in trust, of real or personal property or any
income therefrom or other interest therein for the benefit of or in
connection with, the preservation, protection, and continued beneficial
use of historic properties owned or controlled by the Department of
Defense; provided, that the Foundation may not accept any such gift,
devise, or bequest that entails any expenditure other than from the
resources of the Foundation.
``(2) An interest in real property includes, among other things,
easements or other rights for preservation, conservation, protection,
or enhancement of historic properties.
``(3) A gift, device, or bequest may be accepted by the Foundation
even though it is encumbered, restricted, or subject to beneficial
interests of private persons if any current or future interest therein
supports the purposes for which the Foundation has been established.
``(b) Property and Income Dealings and Transactions.--(1) Except as
otherwise required by the instrument of transfer, the Foundation may
sell, lease, invest, reinvest, retain, or otherwise dispose of or deal
with any property or income thereof as the Board may from time to time
determine.
``(2) The Foundation shall not engage in any business, nor shall
the Foundation make any investment that may not lawfully be made by a
trust company in the District of Columbia, except that the Foundation
may make any investment authorized by the instrument of transfer, and
may retain any property accepted by the Foundation.
``(3) The Foundation may utilize the services and facilities of the
Department of Defense, the Department of the Interior, and the
Department of Justice, and such services and facilities may be made
available on request to the extent practicable with or without
reimbursement therefore. Monies reimbursed to any Department shall be
returned by the Department to the account from which the funds for
which the reimbursement is made were drawn and may, without further
appropriation, be expended for any purpose for which such account is
authorized.
``(c) Corporate Succession; Powers and Duties of Trustee; Suits;
Personal Liability for Malfeasance.--The Foundation shall have
perpetual succession, with all the usual powers and obligations of a
corporation acting as a trustee, including the power to sue and to be
sued in its own name, but the members of the Board shall not be
personally liable, except for malfeasance.
``(d) Authority for Execution of Contracts, Instruments, and
Necessary or Appropriate Acts.--The Foundation shall have the power to
enter into contracts, to execute instruments, and generally to do any
and all lawful acts necessary or appropriate to its purposes.
``(e) Bylaws, Rules, and Regulations; Contracts for Services.--In
carrying out the provisions of this subchapter, the Board may adopt
bylaws, rules, and regulations necessary for the administration of its
functions and contract for any necessary services.
``Sec. 2908. Tax exemptions; contributions toward costs of local
government; contributions, gifts, or transfers to or for
use of United States
``(a) Tax Exemptions.--The Foundation and any income or property
received or owned by it, and all transactions relating to such income
or property, shall be exempt from all Federal, State, and local
taxation with respect thereto.
``(b) Contribution to Costs of Local Government.--The Foundation
may, however, in the discretion of its directors, contribute toward the
costs of local government in amounts not in excess of those which it
would be obligated to pay such government if it were not exempt from
taxation by virtue of the foregoing or by virtue of its being a
charitable and nonprofit corporation and may agree so to contribute
with respect to property transferred to it and the income derived
therefrom if such agreement is a condition of the transfer.
``(c) Transfers to or for Use of United States.--Contributions,
gifts, and other transfers made to or for the use of the Foundation
shall be regarded as contributions, gifts, or transfers to or for the
use of the United States.
``Sec. 2909. Liability of United States
``The United States shall not be liable for any debts, defaults,
acts, or omissions of the Foundation.
``Sec. 2910. Promotion of local fundraising support
``(a) Establishment.--The Foundation shall design and implement a
comprehensive program to assist and promote philanthropic programs of
support at the individual military installation level.
``(b) Implementation.--The program under subsection (a) shall be
implemented to--
``(1) assist in the creation of local nonprofit support
organizations; and
``(2) provide support, national consistency, and
management-improving suggestions for local nonprofit support
organizations.
``(c) Program.--The program under subsection (a) shall include the
greatest number of military installations as is practicable.
``(d) Requirements.--The program under subsection (a) shall
include, at a minimum--
``(1) a standard adaptable organizational design format to
establish and sustain responsible management of a local
nonprofit support organization for support of a military
installation;
``(2) standard and legally tenable bylaws and recommended
money-handling procedures that can easily be adapted as applied
to individual military installations; and
``(3) a standard training curriculum to orient and expand
the operating expertise of personnel employed by local
nonprofit support organizations.
``(e) Annual Report.--The Foundation shall report the progress of
the program under subsection (a) in the annual report of the
Foundation.
``(f) Affiliations.--(1) Nothing in this section requires:
``(A) a nonprofit support organization or friends group to
modify current practices or to affiliate with the Foundation;
or
``(B) a local nonprofit support organization, established
as a result of this section, to be bound through its charter or
corporate bylaws to be permanently affiliated with the
Foundation.
``(2) An affiliation with the Foundation shall be established only
at the discretion of the governing board of a nonprofit organization.
``Sec. 2911. Authorization of appropriations
``(a) Authorization.--There are authorized to be appropriated to
the Department of Defense such sums as may be necessary to achieve the
purposes of the Foundation.
``(b) Use of Amounts Appropriated.--(1) Subject to paragraph (2),
amounts appropriated under this section shall be made available to the
Foundation for use for matching, in whole or in part, contributions
(whether in currency, services, or property) made to the Foundation by
private persons and State and local government agencies.
``(2) No Federal funds authorized under this section shall be used
by the foundation for administrative expenses of the Foundation,
including salaries, travel and transportation expenses, and other
overhead expenses.
``(c) Additional Authorization.--The amounts authorized to be
appropriated under this section are in addition to any amounts provided
or available to the Foundation under any other Federal law.''.
(b) Clerical Amendment.--The table of chapters of Part IV of
Subtitle A of such title is amended by adding at the end the following
new item:
``173. National Defense Heritage Foundation................. 2905''.
SEC. 1044. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND FROM
OVERSEAS LOCATIONS.
Section 3401 of title 39, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``military owned, operated or
chartered aircraft; or on'' after ``the Virgin Islands,
on''; and
(B) by inserting ``military owned, chartered or
operated aircraft or'' after ``Whenever adequate
service by''; and
(2) in subsection (c), by inserting ``by military owned,
chartered or operated aircraft or'' after ``shall be
transported''.
SEC. 1045. USE OF THE NATIONAL DRIVER REGISTER FOR PERSONNEL SECURITY
INVESTIGATIONS AND DETERMINATIONS.
(a) In General.--Chapter 303 of title 49, United States Code, is
amended by inserting after section 30305 the following new section:
``Sec. 30305a. National driver register information for use in
personnel security investigations and determinations and
personnel investigations with regard to Federal
employment security checks for Federal employment
``An individual who has or who seeks access to national security
information for purposes of Executive Order 12968, or successor
Executive orders, or an individual who is being investigated for
Federal employment under authority of Executive Order 10450, or
successor Executive orders, may request that the chief driver licensing
official of a State provide information about the individual pursuant
to section 30305(a) of this title 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. The
Federal Department or agency that receives such information may use it
in accordance with applicable law.''.
(b) Clerical Amendment.--The table of sections for such chapter 303
of title 49 is amended by inserting after the item relating to section
30305 the following new item:
``30305a. National driver register information for use in personnel
security investigations and determinations
and personnel investigations with regard to
Federal employment security checks for
Federal employment.''.
SEC. 1046. CONFORMING AMENDMENTS TO GENERAL DEFINITIONS.
(a) In General.--Section 101(e)(3) of title 10, United States Code,
is amended by striking ``Secretary of Defense'' and inserting
``Secretary concerned''.
(b) Conforming Amendments to Definition of Congressional Defense
Committees.--Title 10 is further amended as follows:
(1) Sections 2676(d), 2694a(e), 2803(b), 2804(b),
2805(b)(2), 2806(c)(2), 2807(b), 2807(c), 2808(b), 2809(f)(1),
2811(d), 2812(c)(1)(A), 2813(c), 2814(a)(2)(A), 2814(g)(1),
2825(b)(1), 2827(b), 2828(f), 2835(g), 2836(f), 2837(c)(2),
2853(c)(2), 2854(b), 2854a(c)(1), 2865(e)(2), 2866(c)(2),
2875(e), 2881a(d)(2), 2881a(e), 2883(f), and 2884(a), are
amended by striking ``appropriate committees of Congress'' in
each place it appears and inserting ``congressional defense
committees''.
(2)(A) Subsection (c) of section 2801 is amended by
striking paragraph (4) and inserting the following new
paragraph (4):
``(4) The term `congressional defense committees' includes,
with respect to any project to be carried out by, or for the
use of, an intelligence component of the Department of Defense,
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.'';
(B) Section 2694a is amended by striking subsection (i) and
inserting the following new subsection (i):
``(i) Definition of State.--The term `State' includes the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and the Territories.''.
(c) Conforming Amendments to Definition of Base Closure Laws.--(1)
Section 2871 of such title is amended by redesignating paragraphs (3)
through (8) as paragraphs (2) through (7), respectively.
(2) Section 3341(c) of title 5, United States Code, is amended by
striking paragraph (1) and inserting the following new paragraph (1):
``(1) the term `base closure law' has the meaning given such term
in section 101(a)(17) of title 10.''.
(3) Title 40, United States Code, is amended--
(A) in section 554(a), by striking paragraph (1) and
inserting the following new paragraph (1):
``(1) Base closure law.--The term `base closure law' has the
meaning given such term in section 101(a)(17) of title 10.''; and
(B) in section 572(b), by striking subparagraph (B) of paragraph
(1) and inserting the following new subparagraph (B):
``(B) Base closure law.--The term `base closure law' has the
meaning given such term in section 101(a)(17) of title 10.'';
(4) Section 120(h)(4)(E) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (Public Law 96-510;
42 U.S.C. 9620(h)) is amended by striking clause (ii) and inserting the
following new clause (ii):
``(ii) For purposes of this paragraph, the term `base closure law'
has the meaning given such term in 10 U.S.C. 101(a)(17).''.
(5) Section 1333(i) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1800), is amended by
striking paragraph (1) and inserting the following new paragraph (1):
``(1) The term `base closure law' has the meaning given such term
in 10 U.S.C. 101(a)(17).''.
(6) Section 2814 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337, 108 Stat. 3056), is amended by
striking subsection (b) and inserting the following new subsection (b):
``(b) Base Closure Law Defined.--The term `base closure law' has
the meaning given such term in 10 U.S.C. 101(a)(17).''.
(7) Section 1(c) of An Act to Amend the Organic Act of Guam, and
for other purposes (Public Law 106-504; 114 Stat. 2309), is amended by
striking paragraph (2) and inserting the following new paragraph (2):
``(2) The term `base closure law' has the meaning given such term
in 10 U.S.C. 101(a)(17).''.
SEC. 1047. USE OF DEPARTMENT OF DEFENSE FITNESS FACILITIES BY CONTRACT
WORKERS.
(a) In General.--The Secretary of Defense may authorize employees
of Department of Defense contractors to use Department of Defense-
owned, Department of Defense-operated fitness facilities if the
Secretary determines that such use is in the best interest of the
Department of Defense and causes no more than a de minimis increase in
the cost of operation of such facilities. Active duty and Government
civilian personnel will be granted top priority status for use of such
facilities where availability is limited.
(b) Liability Waiver.--In order to use such facilities, the
contractor and the employee must agree to waive any claims of liability
against the Government, and to its officers, employees, and agents
arising from such use.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. PRIORITY PLACEMENT OF DISPLACED CIVILIAN EMPLOYEES.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599e. Defense priority placement program
``(a) Priority Placement.--The Secretary of Defense, at his sole
and exclusive discretion and notwithstanding the provisions of title 5,
may establish one or more programs to promote stability of employment
for Department of Defense civilian employees affected by changing
mission requirements, streamlining efforts, overseas rotations
(including rotations undertaken pursuant to section 1586 of this
title), preferences established by law, and other such actions as the
Secretary shall determine, by providing such employees priority
consideration, as defined by the Secretary, for placement in other
positions within the Department of Defense.
``(b) Construction.--The content of any program developed under
subsection (a), and any personnel action undertaken pursuant to such
program, shall not be reviewable outside the Department of Defense
except to the extent that may be required by the United States
Constitution.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting at the end the following new item:
``1599e. Defense priority placement program.''.
SEC. 1102. EMPLOYMENT PREFERENCE FOR SPOUSES OF CIVILIAN EMPLOYEES.
Section 1784 of title 10, United States Code, is amended by adding
at the end the following new subsections:
``(h) Inclusion of Spouses of Certain DOD Civilian Employees.--For
the purposes of this section, the spouse of a civilian employee of the
Department of Defense who has been reassigned and relocated pursuant to
a mandatory mobility agreement executed as a condition of employment,
or other mandatory mobility program shall be considered the spouse of a
member of the armed forces.
``(i) Limiting Operation of the Hiring Preference.--The hiring
preference in this section shall apply to any Department of Defense
civilian position other than positions that fall under chief of mission
authority as set forth in section 3927 of title 22.''.
SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE PERSONNEL.
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 rates of pay provided for other comparable
Department of Defense Senior Executive, Senior Level, and other
positions''; and
(2) by striking subsection (b) and substituting the
following new subsection (b):
``(b) 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 as making meaningful
distinctions based on relative performance and may be the same
performance appraisal system established and implemented within the
Department for members of the Senior Executive Service.''.
SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN DOD NONAPPROPRIATED FUND
INSTRUMENTALITIES.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599e. Senior executive compensation for nonappropriated fund
instrumentalities
``Notwithstanding any provisions of title 5, the Secretary of
Defense may regulate the amount of total compensation, including the
rate of basic pay, of senior executives employed by Department of
Defense nonappropriated fund instrumentalities, to provide for parity
with the total compensation, including basic pay, of Department of
Defense employees in the Senior Executive Service and other similar
senior executive positions.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1589 the following new item:
``1599e. Senior Executive Compensation for Nonappropriated Fund
Instrumentalities.''.
SEC. 1105. PROHIBIT UNAUTHORIZED WEARING, MANUFACTURE, OR SALE OF
CIVILIAN MEDALS OR DECORATIONS.
Chapter 57 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 1134. Civilian medals or decorations of the Department of
Defense
``(a) Prohibition.--Except with the written permission of the
Secretary of Defense, no person may knowingly use, in connection with
any merchandise, retail product, impersonation, solicitation, or
commercial activity in a manner reasonably calculated to convey the
impression that such use is approved, endorsed, or authorized by the
Secretary, medals, decorations, or other insignia intended for
recognition of Department of Defense civilian employees and other
individuals who render service to the Department of Defense.
``(b) Authority to Enjoin Violations.--Whenever it appears to the
Attorney General that any person is engaged or is about to engage in an
act or practice which constitutes or will constitute conduct prohibited
by subsection (a), the Attorney General may initiate a civil proceeding
in a district court of the United States to enjoin such act or
practice. Such court shall proceed as soon as practicable to the
hearing and determination of such action and may, at any time before
final determination, enter such restraining orders or prohibitions, or
take such other actions as is warranted, including imposing a civil
penalty not to exceed $25,000 for each violation, to prevent injury to
the United States or to any person or class of persons for whose
protection the action is brought.''.
(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. Civilian medals or decorations of the Department of Defense.''.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Related to Arms Control and Monitoring
SEC. 1201. HUMANITARIAN ASSISTANCE WITH RESPECT TO THE DETECTION AND
CLEARANCE OF LANDMINES AND EXPLOSIVE REMNANTS OF WAR.
Chapter 20 of title 10, United States Code, is amended--
(1) in section 401--
(A) in subsection (a), by striking paragraph (4);
(B) in subsection (c)--
(i) by striking paragraphs (2) and (3); and
(ii) by redesignating paragraph (4) as
paragraph (2); and
(C) in subsection (e), by striking paragraph (5);
(2) by adding the following new section at the end of such
chapter:
``Sec. 406. Humanitarian assistance with respect to the detection and
clearance of landmines and explosive remnants of war
``(a)(1) Under regulations prescribed by the Secretary of Defense,
United States armed forces may provide humanitarian assistance with the
detection and clearance of landmines or explosive remnants of war in a
foreign country, including activities relating to the furnishing of
education, training, and technical assistance, if these activities will
promote:
``(A) the security interests of both the United States and
the country in which the activities are to be carried out; and
``(B) the specific operational readiness skills of the
members of the armed forces who participate in the activities.
``(2) The Secretary of Defense shall ensure that no member of the
armed forces, while providing assistance under this section:
``(A) engages in the physical detection, lifting or
destroying of landmines or explosive remnants of war (unless
the member does so for the concurrent purpose of supporting a
United States military operation): or
``(B) provides such assistance as part of a military
operation that does not involve the armed forces
``(b)(1) To the extent provided in defense authorization Acts,
funds authorized to be appropriated to the Department of Defense for a
fiscal year for humanitarian assistance shall be used for the purpose
of providing assistance under this section.
``(2) Expenses covered include the following expenses incurred:
``(A) Travel, transportation, and subsistence expenses of
Department of Defense personnel providing such assistance.
``(B) The cost of any equipment, services, or supplies
acquired for the purpose of carrying out or supporting
activities under this section, including any nonlethal,
individual or small-team landmine or explosive remnant of war
clearing equipment or supplies that are to be transferred or
otherwise furnished to a foreign country in furtherance of the
provision of assistance under this section.
``(C) The cost of equipment, services and supplies provided
in any fiscal year to a foreign country under paragraph (2)(B)
may not exceed $5,000,000.
``(c) Humanitarian assistance with respect to the detection and
clearance of landmines and remnants of war may not be provided under
this section to any foreign country unless the Secretary of State
specifically approves the provision of such assistance.''; and
(3) in the table of sections at the beginning of such
chapter by adding at the end the following new item:
``406. Humanitarian assistance with respect to the detection and
clearance of landmines and explosive
remnants of war.''.
Subtitle B--Matters Related to Allies and Friendly Foreign Nations
SEC. 1211. IMPROVING AIRSPACE CONTROL AND MANAGEMENT IN THE CAUCASUS
AND CENTRAL ASIA.
Notwithstanding any other provision of the law, of the funds
available to the Department of Defense, subject to the concurrence of
the Secretary of State, not more than $150 million in fiscal year 2005
may be made available for improving airspace control and management in
key countries in the Caucasus and Central Asia (Georgia, Azerbaijan,
Armenia, Turkmenistan, Uzbekistan, Kazakhstan, Kyrgyzstan, Tajikistan,
and Afghanistan), thereby permitting a permissive and controlled air
corridor from Europe through the Caucasus to Central Asia and
Afghanistan.
SEC. 1212. GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.
Section 1306(b)(1) of the National Defense Authorization Act for
Fiscal Year 1995, (Public Law 103-337; 108 Stat. 2892), as amended by
section 1223 of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136; 117 Stat. 1392), is amended by striking
``military officers and civilian officials from states located in
Europe or the territory of the former Soviet Union'' and inserting
``foreign participants''.
Subtitle C--Other Matters
SEC. 1221. REPEAL OF THE ANNUAL REPORTING REQUIREMENT CONCERNING THE
ACTIVITIES OF CHINESE MILITARY COMPANIES OPERATING IN THE
UNITED STATES.
Section 1233 of the National Defense Authorization Act Fiscal Year
2001 (Public Law 106-398; 114 Stat. 1645A-330), is repealed.
SEC. 1222. REPEAL OF REPORTING REQUIREMENT CONCERNING SPECIAL
OPERATIONS FORCES TRAINING WITH FRIENDLY FOREIGN FORCES.
Section 2011 of title 10, United States Code, is amended by
striking subsection (e).
SEC. 1223. FOREIGN MILITARY AIDS ADVOCACY, AWARENESS AND PREVENTION
ACTIVITIES.
Section 2561(a) of title 10, United States Code, is amended by
inserting ``, to conduct HIV/AIDS advocacy, awareness, and prevention
activities with foreign militaries and international peacekeepers,''
after ``transportation of humanitarian relief''.-
SEC. 1224. REPEAL OF THE AUTHORIZATION FOR THE ESTABLISHMENT OF THE
CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.
Section 914 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 721), is repealed.
SEC. 1225. USE OF DONATED PROPERTY FOR HUMANITARIAN ASSISTANCE
PURPOSES.
Section 2608 of title 10, United States Code, is amended--
(1) by redesignating subsections (e) through (k) as
subsections (f) through (l), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Use of Property for Humanitarian Assistance Purposes.--
Notwithstanding any other provision of law, any contribution of
property received under this section may be donated by the Department
of Defense to developing countries during an exercise, operation or
similar activity. The Department of Defense may use its transportation
assets and funds to receive, process, manage, store, care for,
transport and distribute this property, including from the location the
contribution is received to its eventual destination for donation.''.
SEC. 1226. ASSIGNMENT OF FOREIGN NAVY PERSONNEL TO SUBMARINE SAFETY
RESEARCH AND DEVELOPMENT PROGRAMS.
Section 168 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Authority for Assignment of Foreign Navy Officers and
Enlisted Members to Submarine Safety Research and Development
Programs.--(1) 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 foreign navies are assigned to United States commands to
work on such systems and procedures.
``(2) The program authorized by this subsection is not an exchange
program. Reciprocal assignments of members of the Navy to foreign
navies are not required under this program.
``(3)(A) Each government sending members to the United States under
the program authorized by this section shall pay the salary, per diem,
cost of living, travel costs, cost of language or other training, and
other costs for its own personnel in accordance with the laws and
regulations of such government.
``(B) Subparagraph (A) does not apply to the following costs:
``(i) The cost of temporary duty directed by the United
States Navy.
``(ii) The cost of training programs conducted to
familiarize, orient, or certify members of foreign naval
personnel regarding unique aspects of their assignments.
``(iii) Costs incident to the use of the facilities of the
United States Navy in the performance of assigned duties.
``(4) The requirements of this subsection 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 navy of the foreign country to a United States Navy
submarine safety program. The Secretary of the Navy may prescribe
regulations for the application of this subsection in the exercise of
such authority.''.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. AUTHORITY TO WAIVE CONDITIONS LIMITING SUPPORT FOR --
CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.
(a) Applicability of Federal Law.--The conditions described in
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 to the
obligation and expenditure of funds available for obligation for the
planning, design, or construction of a chemical weapons destruction
facility in Russia if the President submits to Congress a written
certification that includes--
(1) a statement justifying and indicating that it is
consistent with the interests of national security to waive the
requirements; and
(2) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status and location of its
chemical weapons stockpile.
(b) Use of Expended Funds.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C.
5952 note) is amended by striking ``or expended''.
TITLE XIV--HOMELAND SECURITY
SEC. 1401. REPEAL OF FUNDING RESTRICTIONS CONCERNING DEVELOPMENT OF
MEDICAL COUNTERMEASURES AGAINST BIOLOGICAL WARFARE
THREATS.
Section 2370a of title 10, United States Code, is repealed.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SECTION 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2005''.
TITLE XXI--ARMY
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
Alaska....................... Fort Richardson.......... 24,300,000
Fort Wainwright.......... 92,459,000
California................... Fort Irwin............... 38,100,000
Colorado..................... Fort Carson.............. 47,108,000
Georgia...................... Fort Benning............. 71,777,000
Fort Gillem.............. 5,800,000
Fort McPherson........... 4,900,000
Fort Stewart/Hunter Army 65,495,000
Air Field.
Hawaii....................... Helemano Military 75,300,000
Reservation.
Hickam Air Force......... 11,200,000
Pohakuloa Training Area.. 30,000,000
Schofield Barricks....... 187,792,000
Wheeler Army Air Field... 24,000,000
Kansas....................... Fort Riley............... 44,050,000
Kentucky..................... Fort Campbell............ 89,600,000
Fort Knox................ 72,000,000
Louisiana.................... Fort Polk................ 70,953,000
Missouri..................... Fort Leonard Wood........ 17,750,000
New Mexico................... White Sands Missile Range 33,000,000
New York..................... Fort Drum................ 4,950,000
Fort Hamilton............ 7,600,000
Military Entrance 6,200,000
Processing Station,
Buffalo.
United States Military 60,000,000
Academy, West Point.
North Carolina............... Fort Bragg............... 101,687,000
Oklahoma..................... Fort Sill................ 14,400,000
Texas........................ Fort Bliss............... 16,500,000
Fort Hood................ 78,088,000
Virginia..................... Fort A.P. Hill........... 3,975,000
Fort Myer................ 49,526,000
Washington................... Fort Lewis............... 48,000,000
---------------
Total................ 1,420,200,000
------------------------------------------------------------------------
(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)(4)(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.
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 Army in the total amount of $3,336,291,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,250,700,000.
(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), $928,907,000.
(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) and as amended by section 2105 of the Military
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 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.
TITLE XXII--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 Base, Camp 38,455,000
Pendleton.
Naval Air Facility, El 54,331,000
Centro.
Connecticut.................. Naval Submarine Base, New 45,882,000
London.
District of Columbia......... Naval Observatory, 3,239,000
Washington.
Eglin Air Force Base..... 2,060,000
Florida...................... Naval Station, Mayport... 6,200,000
Strategic Weapons 16,000,000
Facility Atlantic, Kings
Bay.
Georgia...................... Naval Training Station, 10,000
Great Lakes.
Illinois..................... Recruit Training Command, 74,771,000
Great Lakes.
Naval Surface Warfare 13,900,000
Center, Indian Head.
Maryland..................... Marine Corps Air Station, 35,140,000
New River.
North Carolina............... Marine Corps Base, Camp 6,420,000
Lejeune.
Washington County........ 136,900,000
Camp Elmore Marine Corps 13,500,000
Detachment.
Virginia..................... Marine Corps Base, 41,800,000
Quantico.
Naval Air Station, Oceana 2,770,000
Naval Amphibious Base, 2,850,000
Little Creek.
Naval Station, Norfolk... 4,330,000
Naval Weapons Station, 9,870,000
Yorktown.
Naval Shipyard Puget 20,305,000
Sound, Bremerton.
Washington................... Naval Station, Bremerton. 74,125,000
Strategic Weapons 131,090,000
Facility Pacific, Bangor.
---------------
Total................ 760,618,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Bahamas...................... Naval Undersea Warfare 20,750,000
Center, Andros Islands.
Diego Garcia................. Naval Support Facility, 17,500,000
Diego Garcia.
Guam......................... Naval Station, Guam...... 12,500,000
Guam......................... Naval Public Works 20,700,000
Center, Guam.
Italy........................ Sigonella................ 22,550,000
Spain........................ Naval Station, Rota...... 32,700,000
---------------
Total................ 126,700,000
------------------------------------------------------------------------
(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 the installations or locations and in the
amount, set forth in the following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Unspecified........ Unspecified Worldwide.... 158,640,000
---------------
Total................ 158,640,000
------------------------------------------------------------------------
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 installations or locations, for the
purposes and in the amounts, set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location 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)(5)(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.
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 $1,904,066,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $621,238,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $126,700,000.-
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2201(c), $98,560,000.
(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), $704,504,000.
(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 of 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
of Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1704), $40,000,000.
TITLE XXIII--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. 26,057,000
Arizona...................... Davis-Monthan Air Force 10,029,000
Base.
Luke Air Force Base...... 10,000,000
Arkansas..................... Little Rock Air Force 5,031,000
Base.
California................... Beale Air Force Base..... 10,186,000
Edwards Air Force Base... 9,965,000
Travis Air Force Base.... 15,244,000
Colorado..................... Buckley Air Force Base... 12,247,000
Florida...................... Tyndall Air Force Base... 18,962,000
Georgia...................... Robins Air Force Base.... 15,000,000
Hawaii....................... Hickam Air Force Base.... 25,900,000
Louisiana.................... Barksdale Air Force Base. 13,800,000
Maryland..................... Andrews Air Force Base... 17,100,000
North Carolina............... Pope Air Force Base...... 15,150,000
South Carolina............... Shaw Air Force Base...... 3,300,000
Tennessee.................... Arnold Air Force Base.... 22,000,000
Texas........................ Lackland Air Force Base.. 2,596,000
Sheppard Air Force Base.. 50,284,000
Utah......................... Hill Air Force Base...... 13,113,000
---------------
Total................ 295,964,000
------------------------------------------------------------------------
(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 Base........ 19,593,000
Italy........................ Aviano Air Base.......... 6,760,000
Japan........................ Misawa Air Base.......... 6,700,000
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................ 159,299,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the 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 installations or locations, and
in the amount, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Classified......... Worldwide Unspecified 28,090,000
Classified.
Worldwide Unspecified........ Worldwide Unspecified.... 26,825,000
---------------
Total................ 54,915,000
------------------------------------------------------------------------
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: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
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.................. 22,973,000
Idaho................................... Mountain Home Air Force 147 Units................. 39,333,000
Base.
Mississippi............................. Columbus Air Force Base... FH Mgmt Facility.......... 711,000
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........... FH 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.
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.
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 $2,374,819,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $295,964,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $159,299,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c), $54,915,000.
(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, $140,786,000.
(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), $863,896,000.
TITLE XXIV--DEFENSE AGENCIES
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..... Columbus, Ohio........... 5,500,000
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.
Missile Defense Agency....... Travis Air Force Base, 15,100,000
California.
National Security Agency..... Huntsville, Alabama...... 19,560,000
Special Operations Command... Fort Meade, Maryland..... 15,007,000
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 Stewart/Hunter Army 17,600,000
Air Field, Georgia.
Tri-Care Management Activity. Naval Air Station, North 1,000,000
Island, California.
Naval Amphibious Base, 24,200,000
Little Creek, Virginia.
Buckley Air Force Base, 2,100,000
Colorado.
Fort Belvoir, Virginia... 100,000,000
Fort Benning, Georgia.... 7,100,000
Jacksonville, Florida.... 28,438,000
Langley Air Force Base, 50,800,000
Virgina.
Marine Corps Recruit 25,000,000
Depot, Parris Island,
South Carolina.
---------------
Total................ 452,582,000
------------------------------------------------------------------------
(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:
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... Misawa Air Base, Japan... 19,900,000
Naval Station, Guam, 2,200,000
Marianas Islands.
Royal Air Force 10,200,000
Mildenhall, United
Kingdom.
Tri-Care Management Activity. Diego Garcia............. 3,800,000
Grafenwoehr, Germany..... 13,000,000
---------------
Total................ 140,435,000
------------------------------------------------------------------------
(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
amount, set forth in the following table:
Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Classified......... Worldwide Unspecified 7,400,000
Classified.
Worldwide Unspecified........ Worldwide Unspecified.... 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 $60,000,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
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
$1,163,477,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $395,582,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $140,435,000.-
(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.
(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
2404 of this Act, $60,000,000.
(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.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
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 $165,800,000.
TITLE XXVI--CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE
SEC. 2601. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2004, for military construction and land
acquisition for Chemical Demilitarization in the total amount of
$81,886,000, as follows:
(1) For the construction of phase 6 of a munitions
demilitarization facility at Pueblo Chemical 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.
2697), $44,792,000.
(2) For the construction of phase 5 of a munitions
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. 2697),
$37,094,000.
TITLE XXVII--GUARD AND RESERVE FORCES FACILITIES
SEC. 2701. 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, $265,657,000; and
(B) for the Army Reserve, $87,070,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $25,285,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $127,368,000; and
(B) for the Air Force Reserve, $84,556,000.
TITLE XXVIII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2801. 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 XXVII 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. 2802. 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. 1280), authorizations set forth in the
tables in subsection (b), as provided in sections 2101, 2302, and 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 Area... Parker Ranch Land 1,500,000
Acquisition.
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado................................ Buckley Air Force Base.... Construct Family Housing 11,400,000
(55 Units).
Idaho................................... Mountain Home Air Force Replace Family Housing (56 10,000,000
Base. Units).
Louisiana............................... Barksdale Air Force Base.. Replace Family Housing (56 7,300,000
Units).
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Lancaster................. Readiness Center (ADRS)... 4,530,000
Massachusetts........................... Framingham................ Organizational Maintenance 8,347,000
Shop.
----------------------------------------------------------------------------------------------------------------
SEC. 2803. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2001
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of
Public Law 106-398; 114 Stat. 1654A-389), authorizations set forth in
the tables in subsection (b), as provided in sections 2102 and 2401 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 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina.......................... Fort Jackson.............. New Construction-Family 250,000
Housing (1 unit).
----------------------------------------------------------------------------------------------------------------
Defense Agency: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
Agency Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Finance and Accounting Service.. Kleber Kaserne, Germany... Building renovation....... 7,400,000
Department of Defense Education Activity Osan Air Base, Korea...... Osan Elementary School 843,000
Classroom Addition.
----------------------------------------------------------------------------------------------------------------
TITLE XXIX--GENERAL PROVISIONS
Subtitle A--Military Construction and Military Family Housing
SEC. 2901. ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.-
Section 2883(g)(1) of title 10, United States Code is amended by
striking ``$850,000,000'' and inserting ``$1,850,000,000''.
Subtitle B--Real Property and Facilities Administration
SEC. 2911. ESTABLISHMENT OF MUSEUM CENTER OF THE NATIONAL MUSEUM OF THE
UNITED STATES ARMY.
(a) In General.--Chapter 401 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4322. The Museum Center of the National Museum of the United
States Army
``(a) Authority To Establish.--
``(1) The Secretary of the Army may establish the Museum
Center of the National Museum of the United States Army at Fort
Belvoir, Virginia.
``(2) The Museum Center may be used to identify, collect,
preserve, display, and interpret historic artifacts and artwork
of significance to the United States Army.
``(b) Authority To Enter Into Agreement.--
``(1) The Secretary may enter into an agreement with the
Army Historical Foundation, a nonprofit organization, to support the
design, construction, and operation of the Museum Center through gifts
provided by the Foundation.
``(2) The Secretary may require such terms and conditions
in connection with any agreement authorized to be entered into
by this subsection as the Secretary considers appropriate to
protect the interests of the United States.
``(c) Design, Construction, and Operation.--The Secretary may
design, construct, and operate facilities for the Museum Center with
funds provided by the Army Historical Foundation and gifts accepted
under subsection (d).
``(d) Use of Certain Gifts.--(1) Under regulations prescribed by
the Secretary, the Commander of the United States Amy Center of
Military History may, without regard to section 2601 of this title 10,
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 Museum 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 sub section.
``(e) Other Authorized Users.--
(1) The Secretary may make the Museum Center, or space
within the Museum Center, available to the public, commercial
entities, nonprofit entities, state and local governments, and
other departments and agencies of the Federal Government for
such uses as deemed appropriate by the Secretary. The Secretary
may charge fees for such uses.
``(2) Funds received under paragraph (1) shall be deposited
into a special fund maintained by the Secretary for
acquisition, preservation, and conservation of rare artifacts
and other projects associated with the Museum Center and shall
be available for those purposes until expended.
``(f) Fundraising.--The Army Historical Foundation may engage in
fundraising operations on the grounds of the Museum Center and its
adjacent support facilities with the approval of the Secretary of the
Army. The Secretary of the Army may approve the provision of logistical
support to fundraising events conducted by the Army Historical
Foundation on the grounds of the Museum Center and its adjacent support
facilities that is otherwise consistent with Department of Defense
policy for the conduct of public affairs and community relations
activities and programs throughout the Department of Defense.
``(g) Advertising, Marketing, and Promotion.--
``(1) The Secretary of the Army may expend appropriated
funds available for the operation and maintenance of the Army
for advertising, marketing, and promotion of the National
Museum of the United States Army and its programs in order to
enhance visitation and the effectiveness of educational
programs of the Museum.
``(2) The Secretary of the Army may authorize the Commander
of the United States Army Center of Military History, or other
appropriate official of the Department of the Army, to expend
appropriated funds available for the operation and maintenance
of the Army for the promotional hospitality of specials guests
of the National Museum of the United States Army, not to exceed
$20,006 during a fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4322. The Museum Center of the National Museum of the United States
Army.''.
SEC. 2912. EXCHANGE OR SALE OF RESERVE COMPONENT FACILITIES IN --RETURN
FOR REPLACEMENT FACILITIES.
Section 18233 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g)(1) When the Secretary of Defense determines it is in the best
interests of the United States to acquire a facility under this section
as a replacement for an existing facility, the Secretary may exchange
the existing facility for a replacement facility or sell the existing
facility and use the proceeds to acquire a replacement facility.
``(2) In any exchange or sale under paragraph (1), the United
States shall receive cash or a replacement facility, or both, of a
value at least equal to the fair market value of the existing facility.
``(3) Acquisition of a replacement facility under paragraph (I) by
exchange, sale, or combination of exchange and sale, may be
accomplished by construction, expansion, rehabilitation, and conversion
and shall result in a fully equipped and operational replacement
facility. Nothing in this paragraph shall prohibit the Secretary from
contributing additional funds, in accordance with this section, to
obtain a fully equipped and operational replacement facility.
``(4) Any funds received under this subsection in excess of the
funds expended for the replacement facility may be used for the
purposes of subsection (a).
``(5) The funds received under this subsection shall be placed in a
separate account for use in accordance with this subsection without
further appropriation.
``(6) This subsection shall not be subject to the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.).''.
Subtitle C--Other Matters
SEC. 2921. MINOR MILITARY CONSTRUCTION TO IMPROVE FORCE PROTECTION.
Section 2805 of title 10, United States Code, is amended--
(1) in subsection (b)(2), by striking ``21-day'' and
inserting ``5-day''; and
(2) in subsection (c)(1)--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) $5,000,000, in the case of an unspecified
minor military construction project intended solely to
correct a deficiency in force protection.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Armed Services.
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