H.R.4200 - Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005108th Congress (2003-2004)
|Sponsor:||Rep. Hunter, Duncan [R-CA-52] (Introduced 04/22/2004)(by request)|
|Committees:||House - Armed Services|
|Committee Reports:||House Report 108-491,Part 1; House Report 108-491,Part 2; H. Rept. 108-767 (Conference Report)|
|Latest Action:||10/28/2004 Became Public Law No: 108-375. (TXT | PDF)|
|Major Recorded Votes:||10/09/2004 : Resolving Differences; 05/20/2004 : Passed House|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.R.4200 — 108th Congress (2003-2004)All Bill Information (Except Text)
Public Law No: 108-375 (10/28/2004)
(This measure has not been amended since the Conference Report was filed in the House on October 8, 2004. The summary of that version is repeated here.)
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY 2005 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement.
(Sec. 104) Authorizes appropriations for FY 2005 for defense-wide procurement.
Subtitle B: Army Programs - (Sec. 111) Authorizes the Secretaries of the Army and Navy, beginning with the FY 2005 program year, to jointly enter into a multiyear contract for procurement of the lightweight 155-millimeter howitzer.
(Sec. 112) Prohibits the obligation or expenditure of funds for the procurement of light utility helicopters until 30 days after the Secretary of the Army submits to the congressional defense and appropriations committees: (1) a certification that all required documentation for the acquisition of such helicopters has been completed and approved; and (2) an updated modernization plan for Army aviation, containing specified elements.
Subtitle C: Navy Programs - (Sec. 121) Directs the Secretary of the Navy to: (1) accelerate the program for in-service modernization of the DDG-51 class of destroyers; and (2) report to the congressional defense and appropriations committees on steps taken under the program.
(Sec. 122) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2004 to repeal the authority for a pilot program for flexible funding of naval cruiser conversions and overhauls.
(Sec. 123) Authorizes the Secretary of the Navy to procure the first amphibious assault ship of the LHA(R) class, subject to the availability of appropriations.
Subtitle D: Air Force Programs - (Sec. 131) Prohibits, during FY 2005, the retirement of: (1) any KC-135E aircraft; or (2) any F-117 aircraft in use by the Air Force during FY 2004.
(Sec. 133) Amends the NDAA for Fiscal Year 2004 to: (1) prohibit the leasing of tanker aircraft under a prior multiyear aircraft lease pilot program; (2) authorize a multiyear procurement of up to 100 aerial refueling aircraft, for up to ten program years; (3) prohibit the use of incremental funding for the multiyear contract; and (4) remove, throughout the program, references to the leasing of aircraft.
Subtitle E: Other Matters - (Sec. 141) Requires the Secretary of Defense (Secretary) to revise Department of Defense (DOD) regulations, directives, and guidance to account for survivability and suitability against asymmetric threats in developing any manned system and any equipment intended to enhance personnel survivability.
(Sec. 142) Requires the Secretary to ensure that the allocation of equipment acquired using funds authorized under this title to operational units involved in Operations Iraqi Freedom or Enduring Freedom be made without regard to the status of the units as active, Guard, or reserve components.
(Sec. 143) Directs the Secretary to report to the defense and appropriations committees on options for the acquisition of precision-guided munitions.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY 2005 for the Armed Forces for research, development, test, and evaluation (RDT&E). Earmarks specified amounts for the Defense Science and Technology Program.
(Sec. 203) Increases, by specified amounts, funds provided for RDT&E for: (1) the Navy for nano-composite hard-coat for aircraft canopies; and (2) the Air Force for command-and-control service level management.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Directs the Secretary of the Army to establish and implement a program strategy for the Army's Future Combat Systems acquisition program. Outlines program strategy elements. Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics, before convening the Milestone B update for such program, to submit to Congress an independent program cost estimate, together with related reports concerning such program. Limits program funding until the Secretary of the Army certifies to Congress that such program strategy has been established and implemented.
(Sec. 212) Directs the Secretary to establish a program for research and development in advanced vacuum electronics to meet the requirements of DOD systems. Requires a report from the Director of Defense Research and Engineering to the defense and appropriations committees on program implementation.
(Sec. 213) Directs the Comptroller General (CG) to: (1) conduct an annual review of the Joint Strike Fighter aircraft program; (2) report annually to the defense and appropriations committees on the most recent review; and (3) with each such report, certify whether the CG has had access to sufficient information to make informed judgments on matters covered by the report. Terminates report requirements after March 15, 2009.
(Sec. 214) Requires that amounts for RDT&E for the U.S. Joint Forces Command be derived only from amounts made available to DOD for defense-wide RDT&E. Requires any such amount to be set forth separately in annual budget requests.
(Sec. 215) Limits the obligation or expenditure of funds available to DOD for the Global Positioning System (GPS) III satellite until the Secretary: (1) completes an analysis of alternatives for architectures, technologies, and procedures for the next generation GPS; and (2) reports to the defense and appropriations committees on the results of such analysis.
(Sec. 216) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend until March 1, 2005, the due date for the initiation of a concept demonstration of the Global Hawk high altitude endurance unmanned aerial vehicle.
(Sec. 217) Directs the Secretary to establish an executive committee and require such committee to provide guidance and recommendations for the management of the Joint Unmanned Combat Air Systems program to the Director of the Defense Advanced Research Projects Agency and Agency personnel managing the program.
Subtitle C: Missile Defense Programs - (Sec. 231) Authorizes funds appropriated for FY 2005 or 2006 for RDT&E for the Missile Defense Agency (MDA) to be used for the development and fielding of ballistic missile defense capabilities.
(Sec. 232) Includes as an element of the Ballistic Missile Defense (BMD) System the Army's Patriot Advanced Capability-3/Medium Extended Air Defense System air and missile defense program. Requires the MDA Director to ensure that any configuration changes for the PAC-3/MEADS program is subject to the configuration control board processes of the MDA. Allows the Secretary of the Army to make significant changes to the baseline technical specifications and schedule for the PAC-3/MEADS program only with the concurrence of the MDA Director. Requires the Secretary of Defense to: (1) develop procedures to determine the effects of changes made by the Secretary of the Army with respect to the PAC-3/MEADS program; and (2) report to the defense and appropriations committees on the procedures developed.
(Sec. 233) Amends the NDAA for Fiscal Year 2002 to direct the CG to: (1) conduct an assessment, at the conclusion of each of 2002 through 2006, of the extent to which each BMD program meets cost, scheduling, testing, and performance goals; and (2) report each assessment's results to the defense and appropriations committees.
(Sec. 234) Requires the: (1) Secretary to prescribe criteria for operationally realistic testing of fieldable prototypes developed under the BMD spiral development program; (2) Director of Operational Test and Evaluation to evaluate the results of each test conducted, and report evaluation results to the Secretary and the defense and appropriations committees; (3) MDA Director to establish cost, schedule, and performance baselines for each block configuration of the BMD system being fielded, and to include such information in required Selected Acquisition reports to Congress; and (4) MDA Director to include in such reports any significant variations from the established baselines.
Subtitle D: Other Matters - (Sec. 241) Directs the Secretary, for each of FY 2006 through 2009, to report to the defense committees on the submarine technologies that are available or potentially available for insertion into Navy submarines to reduce their production and operating costs while maintaining or improving their effectiveness.
(Sec. 242) Expresses the sense of Congress: (1) in strong support of the Advanced Shipbuilding Enterprise for reducing the cost of building and repairing ships in the United States; and (2) that the Secretary should continue to provide in the future-years defense program funding for the Enterprise at a sustained level to support additional research for reducing such cost.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY 2005 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for FY 2005 for: (1) working capital funds; (2) the Defense Health Program; (3) chemical agents and munitions destruction, defense; (4) defense drug interdiction and counter-drug activities; and (5) the Defense Inspector General.
Subtitle B: Environmental Provisions - (Sec. 311) Deems the Defense Inspector General in compliance with certain requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 if such Inspector General conducts periodic audits of payments, obligations, reimbursements, and other uses of the Hazardous Substances Fund. Requires a report to Congress on each audit conducted.
(Sec. 312) Authorizes the Secretary to transfer specified DOD O&M funds to a named account as reimbursement to the Environmental Protection Agency for certain cleanup costs associated with the Moses Lake Wellfield Superfund Site, Washington.
(Sec. 313) Amends the Water Resources Development Act of 1999 to increase the amount authorized for an environmental remediation project in Front Royal, Virginia.
(Sec. 314) Directs the Secretary of the Army to carry out the small boat harbor project in Unalaska, Alaska.
(Sec. 315) Requires the Secretary of the Air Force to report to the defense committees on current and anticipated encroachments on the use and utility of the special use airspace of the Utah Test and Training Range, including encroachments brought about through actions of other Federal agencies.
(Sec. 316) Directs the CG to study, and report to Congress on, the availability of cost-effective technologies for the cleanup of groundwater contamination at DOD installations in lieu of traditional methods such as pump-and-treat.
Sec. 317) Requires the CG to: (1) study drinking water contamination and related health effects at Camp Lejeune, North Carolina; (2) ensure study participation by other interested (affected) parties; and (3) report study results and recommendations to the defense and appropriations committees.
(Sec. 318) Expresses the sense of Congress that the Secretary should: (1) work to develop a national plan to remediate perchlorate contamination resulting from DOD activities; (2) continue any current remediation; (3) develop a remediation plan with respect to contamination at levels that pose a hazard to human health; and (4) continue the process of evaluating and prioritizing contamination sites without waiting for the development of a Federal drinking water standard for perchlorate.
Subtitle C: Workplace and Depot Issues - (Sec. 321) Revises the due dates and content requirements of annual DOD reports concerning funds expended for depot-level maintenance and repair workloads.
(Sec. 322) Repeals an annual reporting requirement from the Secretary to the defense committees on the number of employees performing depot-level maintenance and repair of materiel.
(Sec. 323) Extends through 2009 the authority to waive limitations on the performance of depot-level maintenance of materiel with respect to certain expenditures incurred in the operation of Centers of Industrial and Technical Excellence.
(Sec. 324) Amends the Bob Stump National Defense Authorization Act (Stump Act) for Fiscal Year 2003 to extend through FY 2006 the temporary authority within DOD for contractor performance of security-guard functions. Extends dates of, and requires the inclusion of additional information within, related reports.
(Sec. 325) Authorizes the Secretary of the Army to carry out a pilot program for the purchase of certain municipal services needed for an Army installation from a county or municipality in which the installation is located. Allows up to two Army installations to participate in the pilot program. Requires: (1) an implementation report from the Secretary to the defense and appropriations committees and the CG; and (2) the CG to submit to such committees an assessment of such report. Terminates program authority on September 30, 2010.
(Sec. 326) Revises Federal procurement policy protest provisions to include requirements for bid protests by Federal employees in actions under Office of Management and Budget (OMB) Circular A-76 (private performance of an activity or function of a Federal agency) regarding an activity or function performed by more than 65 full-time equivalent employees of a Federal agency. Authorizes an agency tender official to file a protest in connection with a public-private competition for which such official is an interested party. Allows an appropriate Federal official to intervene in a civil action concerning a public-private competition if a private-sector interested party so intervenes.
(Sec. 327) Requires that, if a public-private competition requires the inclusion of a formal comparison of costs of civilian-versus-contractor performance, the Secretary shall maintain the continued performance of such activity or function by the civilian employees unless the competitive sourcing official determines that the costs of contractor performance would be less costly to DOD by either $10 million or ten percent of the most efficient organization's personnel-related costs for performance by DOD civilian employees. Requires the Secretary to ensure that no DOD organization, function, or activity is consolidated, restructured, or otherwise modified in order to circumvent the formal comparison requirements. Provides an exemption from such requirements in the case of a public-private competition conducted as part of the best-value source selection pilot program authorized under the NDAA for FY 2004.
(Sec. 328) Requires the Inspector General to report to Congress on whether DOD employs a sufficient number of trained civilian employees to: (1) satisfactorily conduct all of the public-private competitions scheduled to be undertaken by DOD during the next fiscal year; and (2) administer any resulting contracts.
Subtitle D: Information Technology - (Sec. 331) Directs the Secretary to prepare, and report to the defense and appropriations committees on, a plan to provide for the transition of DOD information technology systems to Internet Protocol version 6 from the present use of version 4 and other network protocols.
(Sec. 332) Outlines required conditions for the obligation of DOD funds for a defense business system modernization having a total cost in excess of $1 million, including that: (1) such system comply with a specified enterprise architecture; and (2) certification of such system has been approved by the Defense Business Systems Management Committee. Requires the Secretary to develop an enterprise architecture to cover all defense business systems and their functions and activities, as well as a transition plan. Requires a defense business system investment review. Directs the Secretary to include information concerning each defense business system modernization in annual budget materials submitted to Congress for FY 2006 and thereafter. Requires compliance reports in each of the years 2005 through 2009. Directs the Secretary to establish a Defense Business Systems Management Committee to: (1) recommend to the Secretary policies and procedures with respect to defense business system transformation, reform, reorganization, or improvements; and (2) review and approve any major update of the defense business enterprise architecture developed under this section. Requires an annual report from the CG to the defense and appropriations committees assessing the extent to which actions taken by DOD comply with requirements of this section.
(Sec. 333) Requires the Secretary to report to the defense committees on a test program on the maturity and effectiveness of the Global Information Grid-Bandwidth Expansion network architecture.
Subtitle E: Extensions of Program Authorities - (Sec. 341) Amends the NDAA for Fiscal Year 2004 to extend through FY 2006 the Secretary's authority to provide prepaid phone cards or equivalent telecommunications benefits to certain members of the Armed Forces stationed outside the United States.
(Sec. 342) Amends the Spence Act to extend through FY 2008 a demonstration program to maintain the viability and unique capabilities at Army manufacturing arsenals.
(Sec. 343) Amends the NDAA for Fiscal Year 1998 to: (1) extend through FY 2006 a pilot program of using commercial services to improve the collection of DOD claims under aircraft engine warranties; and (2) direct the Secretary to report to Congress on such program.
Subtitle F: Other Matters - (Sec. 351) Directs the Secretary to reimburse a member of the Armed Forces for the cost of any protective, safety, or health equipment that was purchased in anticipation of or during deployment in connection with Operations Noble Eagle, Enduring Freedom, or Iraqi Freedom if: (1) the Secretary certifies that such equipment was critical to the protection, safety, or health of the member; (2) the member was not issued such equipment before any such operations; and (3) the equipment was purchased during the period beginning on September 11, 2001, and ending on July 31, 2004.
(Sec. 352) Prohibits FY 2005 DOD O&M funds from being obligated for preparing or implementing the Mid-Range Financial Improvement Plan until the Secretary reports to the defense and appropriations committees: (1) a determination that the enterprise architecture and transition plan required under section 332 of this Act has been developed; (2) an explanation of the use of such funds; and (3) an estimate of the costs to prepare and implement the Plan in future years.
(Sec. 353) Authorizes a working-capital funded Army industrial facility, subject to specified conditions, to enter into cooperative arrangements with non-Army entities to carry out military or commercial projects at the facility, including the sale of manufactured articles and the performance of work. Terminates such authority on September 30, 2009.
(Sec. 354) Directs (current law authorizes) the Secretary to transfer to State firefighting agencies excess DOD personal property suitable for firefighting purposes.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY 2005.
(Sec. 402) Revises, effective October 1, 2004, the permanent active-duty end strength minimum levels for the Army, Navy, Marine Corps, and Air Force.
(Sec. 403) Authorizes the Secretary, during FY 2005 through 2009, to increase, by up to 30,000 for the Army and 9,000 for the Marine Corps, the end strength authorized to support operational missions in Iraq and Afghanistan and to achieve transformational reorganization objectives. Requires that fiscal year's budget to specify the amounts necessary to fund the additional end strength(s).
(Sec. 404) Excludes up to 100 permanent and career professors at the military academies from annual officer end strength limits.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY 2005 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth the minimum end strength for FY 2005 for Army and Air Force dual status military technicians.
(Sec. 414) Places specified FY 2005 limits on the number of non-dual status technicians authorized to be employed by the Army and Air Force Reserve and National Guard.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty during FY 2005 for operational support.(Sec. 416) Requires Congress to annually authorize the maximum number of reserve personnel permitted to be on: (1) active duty or full-time National Guard duty for providing operational support or preparing for and performing military funeral honors functions; and (2) active duty (or retained on active duty) while in a captive status or for medical evaluation or treatment. Includes certain reserve personnel within annual authorized active-duty end strength limits. Authorizes the Secretary to increase such end strength limits for a fiscal year by up to ten percent. Excludes: (1) certain reserve and National Guard personnel from annual authorized active-duty end strength limits; and (2) from specified personnel limits reserve personnel engaged in military-to-military contacts and comparable activities. Provides for: (1) field grade officer strength accounting; and (2) active Guard and reserve field grade officer strength accounting. Excludes from warrant officer active-duty end strength limits reserve warrant officers: (1) on active duty for any of the first two purposes specified in this section; or (2) on full-time National Guard duty. Repeals the requirement that members of the National Guard on active duty or full-time National Guard duty for performing drug interdiction and counter-drug activities be excluded from the authorized end strengths for reserve personnel performing active duty in support of the reserve components. Requires a report from the Secretary to the defense committees on the exclusions from active-duty end strengths provided under this section.
Subtitle C: Authorizations of Appropriations - (Sec. 421) Authorizes appropriations for FY 2005 for: (1) military personnel; and (2) the Armed Forces Retirement Home.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - (Sec. 501) Repeals the prohibition against a person receiving an original appointment as a commissioned officer until the person has completed one year of service on active duty as a commissioned officer of a reserve component. Allows a person to qualify for such original appointment if he or she completes 20 years of active commissioned service before his or her 62nd (currently, 55th) birthday. Authorizes the Secretary to waive the requirement that a person receiving such an appointment be a citizen of the United States in the case of a person lawfully admitted to the United States for permanent residence when the Secretary determines that the national security so requires, but only for an original appointment in a grade below major or lieutenant commander. Requires the President alone (currently, with the advice and consent of the Senate) to make original appointments in the grades of second lieutenant through captain in the regular Army, Air Force, and Marine Corps, and ensign through lieutenant in the regular Navy. Repeals limitations on the total authorized end strength of regular commissioned officers serving on active duty. Authorizes the Secretary concerned to discharge certain officers, or transfer certain officers from an active-duty list to a reserve active-status list, in order to force shape (restructure) that armed force. Requires appointment in a regular component, and service as a second lieutenant or ensign, for students graduating from the Uniformed Services University of the Health Sciences. Repeals the requirement that a member serve for his or her last six years in a reserve component to be eligible for nonregular (reserve) retirement.
(Sec. 502) Repeals the requirement that Deputy and Assistant Chiefs of Naval Operations be selected from officers in the line of the Navy.
(Sec. 503) Limits to 30 the total number of brigadier generals and rear admirals (lower half) on the active-duty list who are authorized to be frocked (to wear the insignia of such higher grade prior to the actual promotion date) to major general or rear admiral (upper half).
(Sec. 504) Revises the required distribution in grade of Marine Corps Reserve officers in an active status in grades below brigadier general.
(Sec. 505) Authorizes Federal recognition of National Guard commissioned officers appointed from former Coast Guard personnel.
(Sec. 506) Directs the Secretary to study, and report to Congress on, whether it would be equitable for retired officers on active duty, but not on the active-duty list, to be eligible for consideration for promotion.
(Sec. 507) Provides that, upon a vacancy in the office of the Chief of the National Guard Bureau or in the event such Chief is unable to perform such duties, the senior officer of the Army or Air National Guard on duty with the Bureau shall serve as acting Chief until a successor is appointed or the Chief is able to perform such duties.
(Sec. 508) Redesignates the Vice Chief of the National Guard Bureau as the Director of the Joint Staff of the National Guard Bureau.
Subtitle B: Reserve Component Policy Matters - (Sec. 511) Removes references to planned mobilizations from the statutory purposes of the reserve components.
(Sec. 512) Authorizes the Secretary to provide funds to a State governor to employ National Guard units or members to conduct homeland defense activities (the protection of U.S. territory, population, or infrastructure). Considers such duty as full-time National Guard duty. Limits such duty to 180 days, with an authorized extension of up to 90 days to meet extraordinary circumstances. Authorizes a State governor to request such assistance, requiring within such request the specific intended homeland defense activities anticipated and an explanation of why such National Guard participation is necessary and appropriate. Requires an annual report from the Secretary to the defense and appropriations committees on any assistance provided and activities carried out. Excludes persons performing such duty from annual National Guard full-time duty end strengths.
(Sec. 513) Establishes the Commission on the National Guard and Reserves to study: (1) the roles and missions of the National Guard and other reserve components; and (2) the compensation and other benefits currently provided to such members. Requires an interim and final report from the Commission to the defense committees. Requires the Secretary, beginning in 2006, to annually review study results and report review results to the defense committees.
(Sec. 514) Allows the Secretary concerned to order a member of the reserves, without the member's consent, to active duty for training. (Currently, the Secretary concerned may order a reserve member to any active duty other than for training.)
(Sec. 515) Reduces from 5,000 to 3,500 the minimum number of active-duty personnel to serve as advisers to various units of the Selected Reserve. Directs the Secretary of the Army to report to the defense committees on the support by active components of the Army for training and readiness of the Army National Guard and Army Reserve.
(Sec. 516) Authorizes the Secretary concerned to accept voluntary services to support programs of a committee of the Employer Support of the Guard and Reserve.
(Sec. 517) Authorizes the Secretary of the Navy, with the approval of the President, to redesignate the Naval Reserve as the Navy Reserve.
(Sec. 518) Directs the CG to review, and report to the defense committees on, a plan of the Secretary of the Navy for the integration of active and reserve Navy components in peacetime and wartime operations.
(Sec. 519) Prohibits the Secretary from establishing in any one State more than two academies for the STARBASE Program (a science, mathematics, and technology education improvement program). Authorizes a waiver of such limitation.
(Sec. 520) Allows funds authorized to be appropriated to the Army Reserve, Army National Guard, or Air National Guard for the recruitment and retention of personnel to be expended to procure items of nominal or modest value ($50 or less) to recognize Reserve or Guard members, their families, or other individuals for support that substantially facilitates such Reserve or Guard service. Terminates such authority at the end of 2005.
Subtitle C: Reserve Component Personnel Matters - (Sec. 521) States that, for disability retirement eligibility purposes, a reserve member ordered to active duty for a period of more than 30 days who is released prior to such 30 days for failure to meet physical standards for retention, or medical or dental standards for deployment due to a preexisting condition not aggravated during such duty period, shall be considered to have been serving under an order to active duty for a period of 30 days or less.
(Sec. 523) Removes the prohibition on the receipt of Federal civil service military leave for reserve and National Guard civilian technicians performing active duty during a war or national emergency.
(Sec. 524) Authorizes the Secretary of the Army to provide an individual who has received a commission as an Army Reserve officer from a military junior college but who does not have a baccalaureate degree with financial assistance for the pursuit of such a degree. Outlines agreement and reimbursement requirements in connection with such assistance. Prohibits such an officer from being called or ordered to active duty for a deployment while participating in such program. Authorizes such Secretary to provide the same financial assistance with respect to service in troop program units. Directs the Secretary of the Army to report to the defense committees annually for six years after the enactment of this Act on the implementation of the financial assistance program.
(Sec. 525) Repeals the December 31, 2006, sunset on the provision of financial assistance for advanced training for Senior ROTC students not otherwise eligible for such training who have successfully completed their first year of Senior ROTC studies.
(Sec. 526) Revises a program under which the Secretary is authorized to repay certain educational loans of enlisted members of the Selected Reserve in return for service as members with critical specialties to allow the Secretary to repay such a loan in connection with service performed by a member as an officer in the case of a borrower who, after the service commitment is entered into and while performing service as an enlisted member, accepts an appointment or commission as a Selected Reserve warrant or commissioned officer.
(Sec. 527) Directs the Secretary of each military department (and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) to establish and maintain a program to provide educational assistance to members of the Ready Reserve under the jurisdiction of that Secretary. Limits such educational assistance to the following percentages of that authorized under the Montgomery GI Bill program for former active-duty personnel: (1) 40 percent, for a reserve member who performs active service for 90 consecutive days but less than one continuous year; (2) 60 percent, for a reserve member who performs active service for one continuous year but less than two continuous years; or (3) 80 percent, for a reserve member who performs active service for two consecutive years or more. Limits the term of such assistance to 36 months, or its equivalent in part-time educational assistance. Continues assistance eligibility for members ordered to active duty while serving in the Selected Reserve or Ready Reserve.
(Sec. 528) Expresses the sense of Congress that the Internal Revenue Service should provide guidance to promote and ensure the validity of involuntary differential pay arrangements, benefits payments, and contributions to retirement savings plans related thereto.
Subtitle D: Joint Officer Management and Professional Military Education - (Sec. 531) Directs the Secretary to develop a strategic plan for joint officer management and joint professional military education that links joint officer development to the accomplishment of the overall missions and goals of DOD, as set forth in the most recent national military strategy. Requires a report from the Secretary to the defense committees on: (1) the developed plan; and (2) an additional assessment of the performance in joint matters of specified senior officers and DOD employees.
(Sec. 532) Codifies under Federal Armed Forces law provisions relating to professional military education and currently contained in the NDAA for Fiscal Year 1990. Revises such provisions to, among other things: (1) reduce and consolidate the number of subjects that joint professional military education must include; (2) require the Chairman of the Joint Chiefs of Staff to advise and assist the Secretary in designating and certifying certain courses of instruction for such education; and (3) delete the requirement of a written examination as part of the evaluation criteria for selecting officers for full-time attendance at intermediate-level service schools.
(Sec. 533) Extends to September 30, 2008, the date after which an officer must be selected for the joint officer specialty before promotion to the grade of brigadier general or rear admiral (lower half).
(Sec. 534) Allows officers to continue to accumulate joint credit when serving consecutive joint duty assignments, even if those assignments are not within the same organization.
(Sec. 535) Extends through December 27, 2006, the temporary authority regarding promotion comparison standards for joint specialty officers.
(Sec. 536) Extends, from 2004 through 2006, the authority to waive the requirement that reserve chiefs and National Guard directors have significant joint duty experience. Requires a plan from the Secretary, submitted to the defense committees, to ensure that all officers selected for such positions after such date have significant joint duty experience.
Subtitle E: Military Service Academies - (Sec. 541) Authorizes the Secretary to waive the requirement that a service academy superintendent retire upon the end of the prescribed period of such service. Requires, in such case, notification of the defense committees with a statement of the reasons therefor. Requires such individuals to serve at least a three-year term as superintendent. Requires that if a superintendent is reassigned, retires, or otherwise leaves such service before the three-year period, then the Secretary concerned must notify the defense committees of the reasons for the curtailed assignment.
(Sec. 542) Requires any person appointed or assigned as Dean of the Air Force Academy to hold the highest degree in that person's academic field.
(Sec. 543) Revises provisions concerning the constitution of an annual Board of Visitors to the United States Air Force Academy to: (1) modify the conditions for termination of Board members who are members of Congress; and (2) require semiannual Board reports to Congress.
(Sec. 544) Permits appropriated funds to be treated as nonappropriated funds for all service academy athletic and extracurricular programs and similar support mission activities that: (1) are not considered morale, welfare, and recreation programs or activities; (2) are funded out of appropriated funds; (3) are supported by a supplemental mission nonappropriated fund instrumentality; and (4) are not operated as a private organization.
(Sec. 545) Codifies under Federal Armed Forces law provisions of the NDAA for Fiscal Year 1995 which prohibit the imposition of charges for tuition, room, or board at the military academies and the U.S. Coast Guard and Merchant Marine Academies.
Subtitle F: Other Education and Training Matters - (Sec. 551) Authorizes the Secretary of each military department to establish a program to increase the number and level of qualifications of persons entering the Armed Forces as enlisted members by encouraging recruits to pursue higher education or vocational or technical training before entry into active service. Authorizes the Secretary concerned to provide for delayed entry, through service in the reserves or National Guard, while allowing for such education or training. Limits such delayed entry to 30 months after accepting an enlistment. Provides a monthly allowance during such delayed entry (requiring satisfactory service in the reserves or National Guard during such period). Requires a pro rate recoupment of such allowance for any period of service not successfully completed during the delayed entry period.
(Sec. 552) Requires that military recruiters be given access to college or university campuses and students that is at least equal in quality and scope to the access provided to any other employer. Includes funds made available for the Department of Homeland Security, the National Nuclear Security Administration of the Department of Energy, and the Central Intelligence Agency (CIA) among the funding sources that could be terminated if an institution is found to have a policy of preventing military recruiter or Senior ROTC unit access.
(Sec. 553) Includes commissioned officers serving on full-time National Guard duty among those for whom the Secretary concerned may pay tuition or other educational expenses for education or training during off-duty periods. Authorizes the Secretary concerned to reduce or waive the required two years of active-duty service following the completion of such education or training in the case of: (1) a commissioned officer who is subject to mandatory separation or who has completed the period of active-duty service in support of a contingency operation; or (2) other exigent circumstances. Authorizes the Secretary of the Army to pay such educational or training expenses for an officer in the Selected Reserve of the Army National Guard or Army Reserve.
(Sec. 554) Increases, from two to three years, the maximum period of educational leave for certain active-duty personnel pursuing a program of education in a health care profession.
(Sec. 555) Makes eligible for military medical and dental care cadets or midshipmen at a U.S. military academy, or members or applicants for membership in the Senior ROTC, who incur or aggravate an injury, illness, or disease in the line of duty or while traveling to or from such duty. Provides an exception when the condition is the result of gross negligence or misconduct. Makes cadets and midshipmen eligible for military medical disability pay with respect to disabilities incurred after the date of enactment of this Act.
(Sec. 556) Shifts the authority for conferring associate degrees at the Community College of the Air Force from the commander of the Air Education and Training Command to the commander of Air University.
(Sec. 557) Redesignates the Superintendent of the Naval Postgraduate School as the President of the Naval Postgraduate School. Establishes at such School the position of Provost and Academic Dean.
Subtitle G: Assistance to Local Educational Agencies for Defense Dependents Education - (Sec. 558) Provides an adjustment, with respect to the 2004-2005 school year, in the computation of impact aid funding provided by the Department of Education to certain local educational agencies heavily impacted by dependents of military personnel.
(Sec. 559) Earmarks specified DOD O&M funds for assistance to local educational agencies that benefit dependents of members of the Armed Forces and DOD civilian employees. Requires the Secretary to notify each agency eligible for such assistance.
(Sec. 560) Earmarks specified DOD O&M funds for impact aid assistance for children with severe disabilities, as authorized under the Spence Act.
Subtitle H: Medals and Decorations and Special Promotions and Appointments - (Sec. 561) Authorizes the posthumous award of the Medal of Honor to a deceased, unidentified casualty of a particular war or other armed conflict who is interred in the Tomb of the Unknowns at Arlington National Cemetery, Virginia, as the representative of the members who died in such war or conflict, and not to the individual personally.
(Sec. 562) Directs the Secretary of the Army to submit to the defense committees a plan for revised criteria and eligibility requirements for the award of the Combat Infantryman Badge and Combat Medical Badge for service in the Republic of Korea after July 28, 1953.
(Sec. 563) Authorizes the President to appoint Brigadier General Charles E. Yeager, U.S. Air Force (retired), to the grade of major general on the Air Force retired list.
(Sec. 564) Authorizes the President to issue a posthumous commission as major general, U.S. Army, for the late William Mitchell, who resigned his commission as colonel on February 1, 1926.
Subtitle I: Military Voting - (Sec. 566) Amends the Uniformed and Overseas Citizens Absentee Voting Act to: (1) include absentee military voters; and (2) include absent military voters under write-in ballot requirements and restrictions.
(Sec. 567) Amends the NDAA for Fiscal Year 2002 to delay an electronic voting demonstration project until the first regularly scheduled general Federal election after the Election Assistance Commission notifies the Secretary that the Commission has established electronic absentee voting guidelines and certifies that it will assist the Secretary in carrying out the demonstration project.
(Sec. 568) Directs the Secretary to report to Congress on: (1) operations of the Federal Voting Assistance Program to support absentee military voting; (2) the military postal system to support morale and absentee voting of members; and (3) implementation of recommended postal system improvements.
Subtitle J: Military Justice Matters - (Sec. 571) Directs the Secretary to: (1) review the Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial to determine changes required to improve the ability of the military justice system to address issues relating to sexual assault and to conform the UCMJ and such Manual more closely to other Federal laws and regulations addressing such issues; and (2) report to the defense committees on the results of such review.
(Sec. 572) Provides that service time will not be considered lost (and therefore required to be made up) for a period of confinement in connection with a trial when the charge is dismissed, the individual is acquitted, or the conviction is set aside or dismissed.
(Sec. 573) Requires the Secretary to ensure that: (1) the U.S. Army Criminal Investigation Laboratory has adequate personnel and resources to effectively process forensic evidence within 60 days of its receipt; (2) consistent policies are established among the Armed Forces to reduce the time between the collection of such evidence and its processing; and (3) laboratory personnel are appropriately trained.
(Sec. 574) Prohibits any DOD officer or employee from interfering with the ability of military department judge advocate generals (JAGs) to provide independent legal advice to their service secretaries and chiefs and military unit commanders. Requires the Secretary to appoint an independent panel to study, and report to the defense committees on, the relationships between the legal elements of each military department, and necessary policy changes for improving such relationships.
Subtitle K: Sexual Assault in the Armed Forces - (Sec. 576) Directs the Task Force on Sexual Harassment and Violence at the Military Service Academies, established under the NDAA for Fiscal Year 2004, to: (1) continue for at least 18 additional months after its scheduled termination; (2) after such period, change its name to the Defense Task Force on Sexual Assault in the Military Services; (3) conduct an examination of matters relating to sexual assault in cases in which members of the Armed Forces are either victims of, or perpetrators of, acts of sexual assault; (4) recommend ways by DOD officials and Armed Forces leadership may more effectively address matters relating to sexual assault; and (5) report on examination results to the Secretaries of Defense and the military departments. Requires the Secretary to submit such report, together with an evaluation, to the defense committees. Terminates the task force 90 days after its final report.
(Sec. 577) Directs the Secretary to: (1) develop a comprehensive DOD policy on the prevention of and response to sexual assaults involving members of the Armed Forces; (2) submit to Congress a proposal for necessary legislation to enhance DOD capability to address such matters; and (3) ensure that the policy developed is implemented uniformly by the military departments. Requires the Secretaries concerned to: (1) take appropriate action to ensure the implementation of such policies and procedures; (2) annually assess such implementation; and (3) report annually to the Secretary on sexual assaults involving members of that armed force. Directs the Secretary to submit each such report to the defense committees. Requires DOD, prior to the development of such policies and procedures, to develop a definition of sexual assault that is uniform for all the Armed Forces.
Subtitle L: Management and Administrative Matters - (Sec. 581) Extends, from FY 2005 through FY 2008, certain limitations on reductions of military and civilian personnel assigned to the review and correction of military records.
(Sec. 582) Mandates that, if the staffing of the Defense Prisoner of War/Missing Personnel Office falls below its prescribed level, the Secretary shall notify the defense committees of the number of such personnel, together with a plan to restore such staffing to the prescribed level. Requires the CG to assess the staffing and funding levels for such Office and to report results to such committees.
(Sec. 583) Directs the Secretary concerned, in issuing military ID cards to retiree dependents, to issue a permanent ID card (not subject to renewal) to any such dependent who has attained 70 years of age.
(Sec. 584) Authorizes the Secretary concerned to furnish civilian clothing, at a cost not to exceed $250, to members traveling in connection with a medical evacuation to a military medical facility or another medical facility approved by such Secretary.
(Sec. 585) Authorizes the Secretary to accept the donation of frequent traveler miles, credits, and tickets to facilitate rest and recuperation travel of deployed members of the Armed Forces and their families. Requires consent to such donation by the air or surface carrier that issued the benefit. Amends the Internal Revenue Code to exclude such traveler miles, credits, and tickets from gross income for tax liability purposes.
(Sec. 586) Directs the Secretary to report annually to the defense committees on discharges from the Army, Navy, Air Force, and Marine Corps during the preceding fiscal year.
(Sec. 587) Requires a report from the Secretary of the Air Force to Congress on the blended wing concept for the Air Force.
(Sec. 588) Expresses the sense of Congress that: (1) members of the Armed Forces who on their own initiative are highly motivated to return to active-duty service following rehabilitation from injuries incurred in such service, after appropriate medical review, should be given the opportunity to so return; (2) other than appropriate medical review, there should be no barrier to a member having the option to so return; and (3) the Secretary should develop protocols that expand options for such members' return to active-duty service.
Subtitle M: Other Matters - (Sec. 591) Protects military personnel from retaliatory actions for communications made through the military chain of command.
(Sec. 592) Directs the Secretary to: (1) submit to Congress a plan for implementation of the authority to allow for accession into the Armed Forces of persons with specialized skills, for performing duty using such skills; and (2) study, and report to the defense committees on, how to make civilian volunteers with critical skills rapidly available for use in, or support of, units of the Armed Forces on a temporary basis to meet operational requirements.
(Sec. 593) Directs the Secretary to carry out an initiative of enhanced screening methods and process improvements for the recruitment of home-schooled and National Guard Challenge Program GED recipients. Requires related reports.
(Sec. 594) Renames the National Guard Challenge Program the National Guard Youth Challenge Program.
(Sec. 595) Directs the Secretary to report to the defense committees: (1) on the number of positions in DOD that were converted during FY 2004 from performance by military personnel to performance by DOD civilian or contractor personnel; (2) in each of 2005 through 2007, on military-to-military capabilities or skills conversions; and (3) annually, on the status of the internal transformation of the Army from a division-oriented force to a brigade-oriented force.
(Sec. 596) Directs the Secretary of the Army to study, and report to the defense committees on, the issues relating to requests for disinterment of remains of persons buried in overseas U.S. military cemeteries. Requires the report to include recommendations by such Secretary and the American Battle Monuments Commission for changing current policy and procedures with respect to such disinterments.
(Sec. 597) Requires a report from the CG to the defense committees assessing DOD policy and criteria regarding the closure of: (1) DOD dependent elementary and secondary schools; and (2) commissary stores.
(Sec. 598) Directs the CG to study, and report to the defense committees on, programs of DOD and other Federal departments and agencies under which transition assistance is provided to personnel who are separating from active-duty service.
(Sec. 599) Directs the Secretaries of Defense and Labor to jointly carry out a study of ways to coordinate the standards applied by the Armed Forces for the training and certification of members in military occupational specialties with the standards applied to corresponding civilian occupations of government and the private sector.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY 2005 pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases, effective January 1, 2005, by 3.5 percent the rates of basic pay for military personnel.
(Sec. 602) Prohibits the Secretary concerned, in determining a member's eligibility for supplemental subsistence allowance for low-income members with dependents, from considering such member's receipt of either (or both) special pay for duty subject to hostile fire or imminent danger, or the family separation allowance. Makes members who receive the supplemental subsistence allowance eligible for other Federal assistance, such as programs under the National School Lunch Act and the Head Start Act.
(Sec. 603) Authorizes (current law requires) the Secretary concerned to pay a family separation basic allowance for housing when a member's dependents are unable to accompany a member to a new location.
(Sec. 604) Provides that, if a member is assigned to a new area for military education or training lasting one year or less, the Secretary concerned may base the amount of the basic allowance for housing due to such member on either the duty station to which the member is reassigned or the area in which the member's dependents still reside, whichever such Secretary determines is the most equitable.
(Sec. 605) Authorizes the Secretary concerned to make an immediate lump-sum reimbursement for unusual nonrecurring expenses incurred by members serving outside the continental United States.
(Sec. 606) Authorizes the Secretary concerned to provide a member with advance basic pay of up to three months (one month automatically at the member's request and up to two additional months based upon a showing of financial hardship) for members assigned for one year or more to locations at which imminent danger special pay is authorized. Requires the Secretary concerned to recoup any such advance over a one-year period beginning the month after the advance is received.
(Sec. 607) Repeals the requirement that officers and certain enlisted personnel pay subsistence charges while hospitalized in a military medical facility.
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends, through 2005, specified authorities currently scheduled to expire at the end of 2004 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 615) Authorizes the payment of hazardous duty incentive pay ( up to $150 monthly) for regular participation as a firefighting crew member.
(Sec. 616) Reduces, from four to three years, the service commitment required for the nurse accession bonus.
(Sec. 617) Discontinues assignment incentive pay upon commencement of terminal leave (leave at the end of which the member will be discharged or released from active duty).
(Sec. 618) Authorizes the payment of an active-duty or Selected Reserve reenlistment bonus for up to 16 (currently 14) years of service. Increases the maximum amount of the Selected Reserve reenlistment bonus from: (1) $5,000 to $15,000 for a reenlistment extension of six years; (2) $2,500 to $7,500 for an extension of three years; and (3) $2,000 to $6,000 for an extension of three years when the member has already received a bonus for a previous three-year period. Authorizes such bonuses to be made in lump-sum payments. Increases similarly the: (1) Selected Reserve enlistment bonus; (2) Ready Reserve enlistment bonuses for individuals with and without prior Ready Reserve service; and (3) prior service enlistment bonus for members of the Selected Reserve.
(Sec. 619) Authorizes the Secretary concerned to pay an affiliation bonus to an eligible commissioned officer who enters into an agreement to serve for a specified period in the Selected Reserve: (1) in a designated critical officer skill; or (2) to meet a manpower shortage in a unit of the Selected Reserve or a particular pay grade of that armed force. Outlines provisions concerning commissioned officer eligibility and critical skill designation by the Secretary concerned.
Authorizes the Secretary concerned to pay an accession bonus of up to $6,000 to an individual who enters into an agreement to: (1) accept an appointment as a commissioned officer in the Armed Forces; and (2) serve in the Selected Reserve in a designated critical skill. Requires bonus repayment for failure to commence or complete the period of obligated service (determined by the Secretary concerned, but a minimum of three years).
(Sec. 620) Authorizes the Secretary concerned to pay a monthly bonus of up to $1,000 to members who maintain proficiency in a foreign language, the proficiency of which is necessary due to national defense or public health considerations. Authorizes the payment of a one-time bonus of up to $6,000 for reserve members who meet such requirements. Requires certification by the Secretary concerned of a member's proficiency in that foreign language. Allows the Secretary concerned to waive the certification requirement in the case of a member assigned to duty in connection with a contingency operation when the member otherwise meets such requirements. Requires pro rata bonus repayments for periods not successfully served.
(Sec. 621) Makes enlisted personnel eligible to receive a critical skills retention bonus while serving on an indefinite reenlistment of at least one year.
(Sec. 622) Allows reserve (currently, only regular) personnel to be paid a bonus of up to $2,000 for converting to critical occupational specialties in order to ease personnel shortages.
(Sec. 623) Makes permanent (current law provides for termination at the end of 2004) the increase in the monthly rates of: (1) imminent danger pay from $150 to $225; and (2) the family separation allowance from $100 to $250.
Subtitle C: Travel and Transportation Allowances - (Sec. 631) Authorizes a travel and transportation allowance, for two days and the time necessary for travel, for family members to attend burial ceremonies of members who die while on active duty. Removes a condition on the eligibility of parents to receive such allowance.
(Sec. 632) Limits to three (currently, two) the number of family members permitted transportation at Government expense to attend to the serious illness or injury of members of the Armed Forces. Authorizes a waiver of such limitation when determined appropriate by the Secretary concerned.
(Sec. 633) Includes, under travel and transportation allowances for dependent children of members stationed overseas, costs incurred for lodging necessitated by an interruption in travel caused by extraordinary circumstances.
Subtitle D: Retired Pay and Survivor Benefits - (Sec. 641) Provides a special rule for computing the high-36 month compensation average for disabled members of the reserves for purposes of retired pay calculation.
(Sec. 642) Repeals the current phase-in (lasting until December 31, 2004) of the concurrent receipt of military retired pay and veterans' disability compensation for veterans with service-connected disabilities rated at 100 percent (thereby allowing immediate full payment of both).
(Sec. 643) Requires the Secretary to expedite completion of a study of Federal death benefits for survivors of members of the Armed Forces. Requires the President to promptly transmit any recommendations for legislation necessary to implement any recommended death benefit enhancements. Requires an interim increase in the death gratuity benefit by the same percentage as the annual increase in military basic pay. Directs the President concurrently with the budget submission for FY 2006, to submit to Congress recommendations regarding legislation on proposals that would provide enhanced death benefits for survivors of deceased members, requiring the inclusion in such recommendations of increases in the maximum benefit under the Servicemembers' Group Life Insurance program, as well as an additional set of death benefits for members who die in the line of duty while serving on active duty. Requires the FY 2006 defense budget to include recommendations on legislation for offsetting the increased outlays that would result from the enhanced benefits under this section.
(Sec. 644) Increases the annuities paid under the Survivor Benefit Plan (SBP) to survivors of military retirees who are age 62 or older from the current 35 percent of the military retired pay of the member to: (1) 40 percent, for months after September 2005 and before April 2006; (2) 45 percent, for months after March 2006 and before April 2007; (3) 50 percent, for months after March 2007 and before April 2008; and (4) 55 percent, for months after March 2008. Makes corresponding adjustments under the SBP supplemental annuity program. Requires the recalculation of SBP annuities when the SBP percentages are increased. Eliminates the requirement that participating retirees continue to pay premiums for supplemental SBP coverage.
(Sec. 645) Allows an eligible retired or former member to elect to participate in the SBP and supplemental SBP during the one-year open enrollment period beginning on October 1, 2005. Allows, also during such period, a person currently participating in the SBP or supplemental SBP, but not at the maximum amount, to increase their participation amount. Voids any election made by a person who dies within a two-year period after such election. Requires the Secretary to prescribe an additional premium for the additional coverage under this section.
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits - (Sec. 651) Consolidates and reorganizes certain legislative provisions regarding commissary stores and other military morale, welfare, and recreation activities. Directs the Secretary to operate a worldwide system of commissary stores and a separate worldwide system of exchange stores. (Currently, the Defense Commissary Agency (DCA) is authorized to contract out for such services, and private persons are authorized to operate such stores.) Mandates that: (1) the needs of members on active duty and their dependents be the primary consideration for establishing a store and its location; and (2) the effect on the quality of life of members and their dependents and on the welfare and security of the appropriate military community be the primary consideration in store closure determinations. Requires congressional notification, at least 90 days in advance, in the case of the closure of a store other than one closed under a base closure law. Includes additional items among those authorized to be sold at commissary stores as space permits. Requires the Secretary to apply a uniform surcharge to be used for commissary and exchange store construction, repair, improvement, and maintenance. Authorizes the Secretary to: (1) assign an officer on the active-duty list as Director of the DCA; (2) donate unusable commissary store food to charitable and veterans' organizations; (3) impose a charge for collection on dishonored checks; and (4) limit the release to the public of commercially valuable information on customer shopping contained in DCA databases.
Authorizes the Secretary to conduct a test program involving the sale of telephone cards, film, and one-time use cameras. Requires a report to the defense committees on test results. Directs the CG to study the impact that the expansion of merchandise for sale in commissary stores has on the exchange dividend.
(Sec. 652) Amends the NDAA for Fiscal Year 1995 to identify the Department of Defense Nonappropriated Fund Uniform Health Benefits Program as a Federal health benefits program not subject to any State tax, fee, or payment, or State health plan requirement.
Subtitle F: Other Matters - (Sec. 661) Makes members eligible for the reimbursement of expenses incurred for adoption placements made by foreign governments.
(Sec. 662) Qualifies college loans, involving either a basic professional qualifying degree or graduate education in a profession, for repayment under the DOD education loan repayment program.
(Sec. 663) Permits members of the reserves on active duty in connection with a contingency operation to receive pay from civilian employers that would have been paid if the employment had not been interrupted by such active duty.
(Sec. 664) Amends the Consolidated Farm and Rural Development Act to make provisions under such Act allowing temporary relief from certain agricultural loan obligations applicable to military reservists who are mobilized during a war or national emergency or under a call or order to active-duty service for more than 30 days. Forgives loan interest payments during any such period, and defers loan principal payments until after such mobilization or service ends.
(Sec. 665) Directs the Secretary to: (1) conduct a survey of reserve personnel who serve, or have served, on active duty in support of a contingency operation during the period beginning September 11, 2001, and ending on September 30, 2005, to determine if such personnel experienced a reduction in monthly income during such period compared to the average monthly civilian income of such members during the 12 months preceding their mobilization; and (2) report survey results, together with appropriate recommendations, to Congress and the CG. Requires the CG to submit to Congress an assessment of the survey's findings and the Secretary's recommendations.
(Sec. 666) Directs the Secretary to: (1) study the totality of all current and projected disability benefits available to disabled members and former members of the Armed Forces for service-connected disabilities; (2) based on study results, determine the adequacy of such benefits; and (3) report results to the defense and veterans' committees. Directs the CG to: (1) identify disability benefits payable under Federal, State, and local laws for employees of Federal, State, and local governments; and (2) report results to such committees.
Title VII: Health Care Provisions - Subtitle A: Enhanced Benefits for Reserves - (Sec. 701) Authorizes coverage under TRICARE (a DOD managed health care program) for members of the Selected Reserve who complete active-duty service under a call or order to active duty of more than 30 days on or after September 11, 2001, if the member: (1) served continuously on active duty for 90 or more days pursuant to such call or order; and (2) on or before the release from such duty, enters into an agreement with the Secretary concerned to serve continuously in the Selected Reserve for one or more years following such active duty. Provides such members one year of TRICARE coverage for each 90 consecutive days of extended active-duty service so performed. Terminates any remaining coverage upon termination of Selected Reserve service. Requires a monthly premium for such coverage.
(Sec. 702) Requires the CG to: (1) conduct a study on the feasibility of providing a stipend to members of the Ready Reserve to offset the cost of continuing private health insurance coverage for the member's dependents while the member is on active duty for a period of more than 30 days, with the dependents being ineligible to enroll in the TRICARE program during the duty period and the stipend ending when the member completes such active duty; and (2) report study results to the defense committees.
(Sec. 703) Makes permanent (currently terminates on December 31, 2004) the special TRICARE benefits early-eligibility date for reserve personnel who are issued delayed-effective-date active-duty orders.
(Sec. 704) Authorizes the Secretary to waive deductible payments required by certain TRICARE programs for dependents of certain reserve or National Guard personnel called or ordered to active duty for more than 30 days (currently, less than one year).
(Sec. 705) Authorizes the Secretary to pay additional amounts billed by health care providers in the case of services provided to a dependent of a reserve member ordered to active duty for more than 30 days in support of a contingency operation.
(Sec. 706) Entitles members separated from active duty, and the dependents of such members, to medical and dental care through DOD for 180 days following the member's separation. (Currently, such transitional care is available for up to 120 days, depending upon the length of active-duty service prior to separation.) Directs the Secretary concerned to require each such member to undergo a comprehensive physical examination immediately before such separation (with an examination waiver for members who have undergone a physical within 12 months of such separation).
Subtitle B: Other Benefits Improvements - (Sec. 711) Authorizes enrollment in a TRICARE dental plan for a dependent child of a deceased member if such child was, at the time of the member's death, under the minimum age for enrollment.
(Sec. 712) Requires the CG to: (1) evaluate the effect of the Exceptional Family Member Program on health, education, and support services in selected civilian communities near military installations with a high concentration of Program enrollees; and (2) report evaluation results to the defense committees.
(Sec. 713) Authorizes the Secretary to ensure an effective transition in the furnishing of part-time or intermittent home health care benefits for covered beneficiaries who were receiving such benefits before the establishment of the sub-acute care program.
(Sec. 714) Prohibits the prescription drug cost-sharing requirements for Medicare-eligible military beneficiaries from exceeding such requirements applicable to non-Medicare-eligible beneficiaries.
(Sec. 715) Allows dependents under age 13 who are participating in a military dental plan to be treated by postgraduate dental students in eligible military dental treatment facilities under specified conditions, including treatment compliance with American Dental Association standards. Prohibits the total number of such patients from exceeding 2,000 in a fiscal year.
(Sec. 716) Authorizes the Secretary, with respect to benefits received during the period beginning on July 1, 1999, and ending on December 31, 2004, to waive the collection of payments due for health benefits received under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), and to continue the provision of such benefits through 2004, in case of a member or dependent who was originally eligible for CHAMPUS benefits, became eligible for hospital insurance benefits under Medicare upon attaining the minimum age, and was unaware of the loss of eligibility for the CHAMPUS benefits after attaining eligibility for the Medicare benefits.
(Sec. 717) Amends the NDAA for Fiscal Year 1995 to include marriage and family therapists under the DOD authority to enter into personal services contracts.
(Sec. 718) Directs the Secretary to establish an oversight advisory committee for the development and implementation of an effective program of chiropractic health care benefits for members serving on active duty. Requires: (1) a committee report to the Secretary; and (2) the Secretary to transmit such report to the defense committees, along with comments and recommendations. Terminates the committee 90 days after the report.
Subtitle C: Planning, Programming, and Management - (Sec. 721) Directs the Secretary to conduct a pilot program during FY 2005-2007 at two or more military installations for testing initiatives that build cooperative health care arrangements and agreements between military installations and local and regional non-military health care systems. Requires an interim and final program report from the Secretary to the defense committees.
(Sec. 722) Directs the Secretary to study the feasibility and desirability of providing that a member retired for a combat-related disability shall be provided reimbursement for expenses incurred by the member, during the two-year period following such retirement, for travel to a military treatment facility for medical care.
(Sec. 723) Requires the CG to study, and report to Congress on, mental health services available to members of the Armed Forces, including: (1) the availability and effectiveness of existing mental health treatment and screening resources; and (2) obstacles preventing members and their families from obtaining needed services.
(Sec. 724) Directs the Secretary to: (1) prescribe DOD policy for providing timely notification to the next of kin of the status of members who are seriously ill or injured in a combat zone; and (2) transmit to Congress a copy of such policy.
(Sec. 725) Revises the process for funding required annual payments into the Department of Defense Medicare-Eligible Retiree Health Care Fund to direct the Secretary of the Treasury, beginning in FY 2006, to make annual payments from the general fund of the Treasury. (Currently, the Secretary of Defense is required to make monthly payments into the Fund.) Requires the Secretary to certify appropriate amounts to the Secretary of the Treasury and submit to the defense committees the amounts so certified. Expresses the sense of Congress with respect to unsubscribed discretionary budget authority that accrues within the national defense budget function as a result of such payments.
(Sec. 726) Revises the grounds for presidential waiver of the requirement of informed consent or the option to refuse participation with respect to the DOD administration of drugs not approved for general public use.
(Sec. 727) Requires the Secretary to develop and submit to the defense committees recommendations for a formal TRICARE regional director selection process.
Subtitle D: Medical Readiness Tracking and Health Surveillance - (Sec. 731) Directs the Secretary to develop a comprehensive plan to improve medical readiness, and DOD tracking of the health status, of members of the Armed Forces throughout their military service and to strengthen medical readiness and tracking before, during, and after overseas deployment. Requires the Secretary to establish a Joint Medical Readiness Oversight Committee to oversee the development and implementation of such plan and to undertake related advisory and assistance services. Requires an annual Committee report.
(Sec. 732) Directs the CG to: (1) carry out a study of the health of reserve members who have been called or ordered to active duty for a period of more than 30 days in support of Operations Enduring Freedom and Iraqi Freedom; and (2) report review results to the defense committees. Requires the Secretary to ensure that individual members and commanders of reserve units fulfill their responsibilities for medical and dental readiness of such members, which may include frequent member health assessments and follow-up care. Directs the Secretary to prescribe, for uniform application throughout the military departments, a policy on the deferral of medical treatment of members pending deployment.
(Sec. 733) Directs the Secretary to carry out a program to: (1) collect baseline health data from all persons entering the Armed Forces; and (2) provide for the computerized compilation and maintenance of such data. Requires blood samples necessary for: (1) predeployment medical examination of a member to be taken within 120 days before such deployment; and (2) postdeployment medical examination to be taken within 30 days after such deployment.
(Sec. 734) Requires the Secretary to: (1) prescribe a policy that requires the records of all medical care provided to a member in a theater of operations to be maintained as part of a complete health record for the member; (2) evaluate the system for the medical tracking and health surveillance of such members and take necessary action to improve such system; and (3) report to the defense committees on actions taken. Directs the Secretary to: (1) develop a plan for obtaining all records of medical treatment provided to members by U.S. allies in Operations Enduring Freedom and Iraqi Freedom; and (2) prescribe a DOD policy on the collection and dissemination of in-theater individual personnel location data.
(Sec. 735) Directs the Secretary to: (1) review and revise DOD classification policies to facilitate the declassification of data that is potentially useful for the monitoring and assessment of the health of members who have been exposed to environmental hazards during overseas deployments; and (2) consult with senior commanders of in-theater forces of the combatant commands in carrying out such review and revision.
(Sec. 736) Directs the Secretary to report to the defense committees on the training in environmental hazards provided by DOD to military medical personnel who are deployable to the field in direct support of combat personnel.
(Sec. 737) Directs the Secretary to prescribe a policy that ensures that anticipated health care needs of members at mobilization installations can be met. Requires the Secretary of a military department, with respect to such a mobilization, to identify and analyze the anticipated health care needs of members before their arrival. Requires the policy established under this section to be implemented on a uniform basis throughout DOD.
(Sec. 738) Requires the Secretary to ensure full implementation among the military departments of the: (1) Medical Readiness Tracking and Health Surveillance Program (as created under this title); and (2) Force Health Protection and Readiness Program.
(Sec. 739) Directs the Secretary to: (1) report annually to the defense committees on DOD's Force Health Protection Quality Assurance Program; and (2) issue annually a report on the compliance by military departments with applicable policies on the recording of health assessment data in military personnel records. Requires the Chief Information Officer of each military department to ensure that the online portal website of that department includes specified health assessment information for its members.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Requires software-related program costs to be included in currently-required quarterly unit cost reports for major defense acquisition programs.
(Sec. 802) Requires the Inspectors General of DOD and the General Services Administration (GSA) to jointly: (1) review policies, procedures, and internal controls of each GSA Client Support Center; and (2) determine whether such Center is compliant with defense procurement requirements or made significant progress in 2004 towards becoming compliant. Limits DOD procurements through a Support Center found not to be compliant or having made such progress. Provides a procurement limitation exception when found necessary in the interests of DOD. Terminates such limitation when a Center becomes compliant.
(Sec. 803) Directs the Secretary to: (1) review all potential mechanisms for procuring commercial satellite services and provide guidance therein to the Director of the Defense Information Systems Agency and the Secretaries of the military departments; and (2) report review results to Congress.
(Sec. 804) Authorizes the head of a defense agency to contract for the performance of acquisition functions closely associated with inherently governmental functions only if the Secretary determines that: (1) the appropriate military or civilian personnel of DOD cannot perform the functions; (2) such personnel are to supervise contractor performance and perform all inherently governmental functions under the contract; and (3) the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions.
(Sec. 805) Directs the Secretary to require that, whenever a new major defense acquisition program (MDAP) begins development, the defense acquisition authority responsible for that program shall develop a plan, to be known as the sustainment plan, for the existing system that the system under development is intended to replace. Makes plan requirements inapplicable to an MDAP that reaches initial operational capability before October 1, 2008. Outlines plan requirements, including a milestone schedule for the new MDAP and certain analyses of the existing system. Provides MDAP exceptions to such plan requirements. Allows the Secretary to waive any of the above requirements in order to meet national security objectives.
(Sec. 806) Allows members of the National Guard performing certain additional support duties in a State to receive financial assistance when such duties were contracted for under other-than-competitive procedures.
(Sec. 807) Amends the Office of Federal Procurement Policy Act to direct the Federal Acquisition Regulation Council to adjust for inflation the dollar thresholds under Federal procurement law in order to maintain the constant dollar value of the threshold. Establishes a petition process for thresholds omitted by the Council.
Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Amends the Bob Stump NDAA for Fiscal Year 2003 to authorize the Secretary to rapidly acquire equipment needed to eliminate a combat capability deficiency that has resulted in combat fatalities, with a goal of awarding a contract for the acquisition of such equipment within 15 days after the Secretary's determination of need. Prohibits such acquisition in an amount more than $100 million in a fiscal year. Requires the Secretary to notify the defense and appropriations committees within 15 days after each use of such authority. Authorizes the waiver of certain conflicting statutes and regulations.
(Sec. 812) Removes the requirement that only employees within GS-13 or above may be selected for a position in the Acquisition Corps of a military department. Includes for the Secretary, in designating critical acquisition positions in DOD, the same personnel positions that the Secretaries of other Federal departments and agencies are required to designate as critical acquisition positions. Requires the Secretary, with respect to any scholarship program conducted in connection with the employment of a person in a critical position, to enter into an agreement that sets forth scholarship terms and conditions.
(Sec. 813) Authorizes a five-year DOD multiyear task and delivery order contract to be extended for one or more successive periods, but prohibits the total period from exceeding ten years unless the head of an agency determines in writing that exceptional circumstances necessitate a longer period. Requires an annual report from the Secretary to Congress, after the end of FY 2005 through 2009, concerning each contract that was extended to a total of more than ten years.
(Sec. 814) Directs the head of the agency concerned, with respect to proposed multiyear defense procurement or services contracts, to provide written notification to the defense and appropriations committees if the budget for the contract does not include proposed funding up to the contract cancellation ceiling.
(Sec. 815) Increases from: (1) $50 million to $75 million the threshold for requiring approval of the senior procurement executive on the use of DOD procurement procedures other than competitive procedures; and (2) $500,000 to $1 million the threshold for requiring defense contractors to provide specified employee information to certain cooperative agreement organizations.
(Sec. 817) Amends the Clinger-Cohen Act to extend through 2007 the authority for the use of simplified acquisition procedures in the purchase of commercial items valued at $5 million or less.
(Sec. 818) States that current exceptions to the required submission of certain cost or pricing data by defense contractors shall not apply (thereby requiring such submission) to cost or pricing data on noncommercial modifications of a commercial item that are expected to cost, in the aggregate, more than $500,000 or five percent of the total contract price, whichever is greater.
(Sec. 819) Prohibits delegation below the level of an Assistant Secretary of Defense of the authority to make certain determinations relating to payments to defense contractors for business restructuring costs expected to exceed $25 million over a five-year period.
(Sec. 820) Authorizes the Secretary to make available to United Services Organization (USO) access to GSA supplies and services through the Federal Supply Schedule.
(Sec. 821) Amends the Small Business Competitiveness Demonstration Program Act of 1988 to include landscaping and pest control services industry groups as participants under the Small Business Competitiveness Demonstration Program.
(Sec. 822) Amends the Office of Federal Procurement Policy Act to increase the thresholds below which DOD may use streamlined acquisition procedures for purchases outside the United States in support of a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States.
Subtitle C: United States Defense Industrial Base Provisions - (Sec. 831) Directs the Secretary to ensure that DOD policies and practices reflect the goal of establishing an equitable trading relationship between the United States and its foreign defense trade partners, including ensuring that U.S. firms and U.S. employment in the defense sector are not disadvantaged by unilateral procurement practices by foreign governments, such as the imposition by such governments of offset agreements in a manner that undermines the U.S. defense industrial base. Directs the Secretary to: (1) develop a comprehensive defense acquisition trade policy; and (2) review and modify existing acquisition policies and strategies in order to eliminate any adverse effects of such offset agreements.
(Sec. 832) Directs the Secretary to delay the phase-out of the restriction on acquisition of polyacrylonitrile carbon fiber from foreign sources until 30 days after the Secretary submits to the defense committees an assessment of the domestic and international industrial structure that produces such fibers, as well as product market trends.
Subtitle D: Extensions of Temporary Program Authorities - (Sec. 841) Amends the NDAA for Fiscal Year 1991 to extend through FY 2013 the mentor-protege program. Directs the Secretary to review, and report to the defense committees on, program implementation.
(Sec. 842) Amends the NDAA for Fiscal Year 1991 to include for participation in the mentor-protege program: (1) a small business owned and controlled by service-disabled veterans; and (2) a qualified HUBZone (heavily underutilized business zone) small business.
(Sec. 843) Amends the NDAA for: (1) Fiscal Years 1990 and 1991 to extend, through FY 2010, a test program for the negotiation of comprehensive small business subcontracting plans; and (2) Fiscal Year 1998 to extend, through FY 2009, a pilot program on the sale of manufactured articles and services of certain Army industrial facilities.
Subtitle E: Other Acquisition Matters - (Sec. 851) Directs the Secretary to: (1) review DOD policies, procedures, practices, and penalties relating to employees of defense contractors for purposes of ensuring DOD compliance with a specified executive order which prohibits entering into contracts with contractors not in compliance with the Immigration and Nationality Act; (2) conduct a demonstration project for promoting greater contracting opportunities for contractors who are in compliance with such Act; and (3) report to the defense committees a review of the demonstration project, together with appropriate recommendations on ensuring compliance with such executive order.
(Sec. 852) Amends the NDAA for Fiscal Year 2004 to make certain Federal budgetary requirements inapplicable to a DOD settlement of a financial account for a contract for the procurement of property or services which is made under special temporary contract closeout authority.
(Sec. 853) Makes provisions of the Randolph-Sheppard Act (requirements concerning the operation of vending facilities by the blind in Federal buildings) inapplicable to any military dining (mess) facility.
(Sec. 854) Prohibits an agency head from procuring goods or services through a contract entered into by an agency outside of DOD for an amount greater than the simplified acquisition threshold unless the procurement is done under agency procedures for reviewing and approving the use of such contracts. Makes this section inapplicable to procurement contracts for certain services, including: (1) printing, binding, or blank-book work; and (2) services under programs of the Library of Congress Fiscal Operations Improvement Act of 2000. Requires each procuring agency head, for FY 2005 and 2006, to report to the Secretary on service charges imposed on purchases made for an amount greater than the simplified acquisition threshold through a contract entered into by an agency outside of DOD.
(Sec. 855) Requires the Secretary of the Air Force, in the selection of a provider of integrated support for the aerial refueling aircraft fleet, to: (1) perform analyses of alternatives of using Federal Government or private contractor personnel to provide such support; and (2) select the appropriate provider in accordance with requirements of the Competition in Contracting Act.
Title IX: Department of Defense Organization and Management - Subtitle A: Duties and Functions of Department of Defense - (Sec. 901) Directs the Secretary to: (1) study the roles and authorities of the Director of Defense Research and Engineering; and (2) report study results to the defense committees.
(Sec. 902) Includes the Under Secretary of Defense for Policy within the membership of the Nuclear Weapons Council.
Subtitle B: Space Activities - (Sec. 911) Requires the Secretary to: (1) conduct a comprehensive review of the U.S. space posture over the posture review period (the period beginning one year after the enactment of this Act and ending ten years thereafter); and (2) report review results to the defense and intelligence committees.
(Sec. 912) Directs the Secretary to contract with a federally funded research and development center to establish a panel on the future national security space launch requirements of the United States, including means of meeting such requirements. Requires the panel to report results to the Secretary and the defense, appropriations, and intelligence committees. Terminates the panel 16 months after its first meeting. Provides funding.
(Sec. 913) Requires the Secretary to ensure that operationally responsive national security payloads and buses of DOD for space satellite services are planned, programmed, and budgeted for as a separate, dedicated DOD program element. Directs the Secretary to assign management authority for such program element to the Director of the Office of Force Transformation.
(Sec. 914) Makes Federal disclosure requirements under the Freedom of Information Act inapplicable with respect to land remote sensing information collected by the United States, including any such information provided to a State, local, or tribal government. Requires the head of each agency having or supplying such information to such a government to take all necessary steps to protect such information from public disclosure.
Subtitle C: Intelligence-Related Matters - (Sec. 921) Extends through 2006 (currently, 2004) the authority of the Secretary to engage in commercial activities as security (cover) for intelligence collection activities abroad.
(Sec. 922) Authorizes the Director of the National Security Agency to carry out, for up to six years after the enactment of this Act, a pilot program on cryptologic service training for the intelligence community.
Subtitle D: Other Matters - (Sec. 931) Amends the Department of Defense Authorization Act, 1986 to require the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Secretary of the Army to jointly prepare, and from time to time update, a strategic plan for future activities for destruction of the U.S. stockpile of lethal chemical agents and munitions. Requires the Secretary of Defense to annually submit to the defense committees the most recently updated plan.
(Sec. 932) Directs the Secretary to establish criteria for determining the types of critical information required to be made known expeditiously to senior decision-makers in DOD, including requirements for the transmission of such information to such senior civilian and military DOD officials as the Secretary considers appropriate.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary to transfer up to $3.5 billion of the amounts made available to DOD in this Division for FY 2005 between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Provides a new limitation on the total amount authorized to be contributed by the Secretary in FY 2005 for the common-funded budgets of the North Atlantic Treaty Organization (NATO) (rather than the maximum amount otherwise applicable under the 1998 baseline limitation). Allocates for such purpose amounts authorized under titles II and III of this Act.
(Sec. 1003) Requires that, in any case in which the amount requested in the President's budget for a fiscal year for a DOD O&M program, project, or activity is different from the amount appropriated for that program, project, or activity, the O&M justification documents supporting that budget shall identify the appropriated amount and the difference between that amount and the amount requested. Requires separate O&M budget justification with respect to Navy subactivities for ship depot maintenance and for intermediate ship maintenance. Directs the Secretary to report to the defense and appropriations committees setting forth component elements of "Other Costs" and "Other Contracts" as set forth in the FY 2006 budget justification documents.
(Sec. 1004) Authorizes the Secretary concerned to license trademarks, service marks, certification marks, and collective marks owned or controlled by such Secretary and to expend such fees for trademark and licensing costs.
(Sec. 1005) Repeals funding restrictions concerning the development of medical countermeasures against biological warfare threats.
(Sec. 1006) Requires a report from the Secretary to the defense committees on the foreign currency exchange rate projection used in annual DOD budget presentations. Requires the CG to review such report and submit review results to the defense committees.
(Sec. 1007) Amends the NDAA for Fiscal Year 2004 to increase from $2.5 billion to $2.8 billion the amount that the Secretary, in the national interest, may transfer between any DOD authorizations for that fiscal year.
(Sec. 1008) Provides the FY 2004 funding level to be utilized by the Secretary of Commerce with respect to a National Institute of Standards and Technology account for industrial technology services.
(Sec. 1009) Prohibits transfers out of a working capital fund, or between or among such funds, unless the Secretary has notified the defense and appropriations committees.
(Sec. 1010) Authorizes the Secretary to charge fees for providing information in the Federal Logistics Information System through Defense Logistics Information Services to a department or agency outside of DOD, or to a State, political subdivision of a State, or any person.
Subtitle B: Naval Vessels and Shipyards - (Sec. 1011) Authorizes the Secretary of the Navy to award contracts for the dismantling of vessels stricken from the Naval Vessel Register on a net-cost basis. Allows contractors to retain proceeds from the sale of scrap and reusable equipment from such vessels.
(Sec. 1012) Authorizes the Secretary of the Navy, in acquiring Navy service craft and boats, to exchange or sell similar but obsolete Navy service craft and boats and to apply the proceeds received to the acquisition price.
(Sec. 1013) Authorizes the President to transfer: (1) on a grant basis the destroyer O'BANNON to the Government of Chile and the guided missile frigate GEORGE PHILIP to the Government of Portugal; and (2) on a sale basis the destroyer FLETCHER to the Government of Chile and the dock landing ship ANCHORAGE to the Taipei Economic and Cultural Representative Office in the United States. Prohibits the vessels transferred on a grant basis from counting against the aggregate value limit of excess defense articles transferred in a fiscal year under provisions of the Foreign Assistance Act of 1961. Requires: (1) all costs of transfers made on a grant basis to be borne by the recipients; and (2) any pre-transfer vessel repair or refurbishment to be performed at a U.S. shipyard, including a Navy shipyard. Terminates the vessel transfer authority two years after enactment of this Act.
(Sec. 1014) Directs the Secretary to provide for an independent study of the cost effectiveness of the Navy ship construction program. Requires the study to address near term improvements in construction efficiency. Directs the: (1) study group to propose a U.S. shipbuilding infrastructure modernization plan; and (2) Secretary to report study results to the defense and appropriations committees.
(Sec. 1015) Prohibits the Secretary of the Navy from disposing of the decommissioned destroyer ex-Edson before October 1, 2007, to an entity that is not a nonprofit organization unless such Secretary first determines that there is no available nonprofit organization that meets the criteria for such donation.
Subtitle C: Counterdrug Matters - (Sec. 1021) Authorizes the Secretary, during FY 2005 and 2006, to use funds made available to DOD for drug interdiction and counter-drug activities to provide assistance to the Government of Colombia to: (1) support a unified campaign against narcotics trafficking; (2) support a unified campaign against activities by designated terrorist organizations; and (3) take actions to protect human health and welfare in emergency situations, including undertaking rescue operations. Provides limitations on the number of U.S. personnel assigned to Colombia during such fiscal years in support of Plan Colombia. Prohibits any U.S. Armed Forces, civilian employee, or civilian contractor personnel stationed or employed in Colombia from participating in any combat operations in connection with such assistance, except in self-defense or rescue operations. Requires a report from the Secretary of State on relationships between terrorist organizations in Colombia and foreign governments or organizations.
(Sec. 1022) Expresses the sense of Congress that: (1) the President should make the substantial reduction of illegal drug trafficking in Afghanistan a priority in the Global War on Terrorism; (2) the Secretary should expand cooperation with the Government of Afghanistan and international organizations involved in counter-drug activities to assist in providing a secure environment for counter-drug personnel in Afghanistan; and (3) the United States should undertake additional efforts to reduce illegal drug trafficking and related activities that provide financial support for terrorist organizations in Afghanistan and neighboring countries. Requires a joint report from the Secretaries of Defense and State to Congress on: (1) progress made toward substantially reducing poppy cultivation and heroin production capabilities in Afghanistan; and (2) the extent to which profits from illegal drug activity in Afghanistan are used to financially support terrorist organizations and groups seeking to undermine the Government of Afghanistan.
Subtitle D: Matters Relating to Museums and Commemorations - (Sec. 1031) Recognizes the Liberty Memorial Museum in Kansas City, Missouri, as America's National World War I Museum.
(Sec. 1032) Authorizes the Secretary to carry out a program to: (1) commemorate the 60th anniversary of World War II; and (2) coordinate, support, and facilitate other such programs of the Federal Government, State and local governments, and other persons. Establishes the Department of Defense 60th Anniversary of World War II Commemoration Account for funding such activities. Requires a report from the Secretary to the defense committees on Account expenditures. Authorizes the Secretary to accept voluntary services in furtherance of the program.
(Sec. 1033) Requires an annual report from the Secretary to Congress on DOD operations and financial support for military museums.
Subtitle E: Reports - (Sec. 1041) Requires quarterly reports from the Secretary to the defense and appropriations committees containing a detailed accounting of costs incurred for operations of the Global War on Terrorism.
(Sec. 1042) Requires the Secretary to report to the defense and appropriations committees on the conduct of military operations during the post-major combat operations phase of Operation Iraqi Freedom.
(Sec. 1043) Directs the Secretary to: (1) conduct a study of the extent to which members assigned to duty in support of contingency operations receive training in preparation for post-conflict operations, and to evaluate the quality of such training; and (2) report study results to the defense committees.
(Sec. 1044) Directs the Secretary to report to the defense and appropriations committees on the need for one or more national centers of excellence for unmanned aerial and ground vehicles.
(Sec. 1045) Directs the Secretary to: (1) study whether the practice of using two alternating crews for the manning of ballistic missile submarines continues to be justified under changed circumstances since the end of the Cold War; (2) determine whether such practice should be continued, modified, or terminated; and (3) report such determination to the defense committees.
(Sec. 1046) Directs the Secretary to assess, and report to Congress on, DOD programs for the prepositioning of materiel and equipment.
(Sec. 1047) Directs the Secretary to report to the defense committees on the activities of al Qaeda and associated groups in Latin America and the Caribbean.
Subtitle F: Defense Against Terrorism and Other Domestic Security Matters - (Sec. 1051) Authorizes the Secretary concerned to accept: (1) communications equipment for use in coordinating joint response and recovery operations with public safety agencies in the event of a disaster; and (2) services related to the operation and maintenance of such equipment.
(Sec. 1052) Directs the Secretary to: (1) determine the feasibility and advisability of dedicating an airlift capability of the Armed Forces on a full-time basis to the support of any homeland defense operations; (2) conduct a study of DOD plans and capabilities for meeting contingent requirements for transporting emergency response teams and packages to disasters; and (3) report study results to the defense committees.
(Sec. 1053) Requires the Secretary to submit to the defense committees a plan setting forth a systematic approach for ensuring the survivability of defense critical systems upon contamination by chemical or biological agents.
Subtitle G: Personnel Security Matters - (Sec. 1061) Authorizes individuals conducting personnel security investigations for Federal employment and access to national security information to request the chief driver licensing official of a State to obtain the use of the National Driver Register for an individual's driver information. Limits: (1) the scope of such request to employment for which national security access is required; and (2) the use of employee information received by a Federal department or agency to uses in conjunction with an authorized investigation.
(Sec. 1062) Authorizes (current law prohibits) delegation of decisions on the granting of meritorious security-clearance waivers for certain otherwise prohibited individuals. Allows waivers to be granted only under authority of an executive order or other guidance issued by the President.
Subtitle H: Transportation-Related Matters - (Sec. 1071) Authorizes the Secretary, under specified circumstances, to use military aircraft to transport mail and parcels to, from, and between overseas locations.
(Sec. 1072) Reorganizes certain Federal Armed Forces provisions relating to the control and supervision of transportation within DOD. Empowers the Secretary (currently, the appropriate department Secretary) with authority over all such transportation. Repeals contrary Federal laws.
(Sec. 1073) Directs the Secretary to: (1) evaluate DOD procurement practices in the award of service contracts for domestic freight transportation for security-sensitive cargo to determine whether such practices are in the best interests of DOD; and (2) report evaluation results to the defense committees.
Subtitle I: Other Matters - (Sec. 1081) Provides liability protection for persons providing voluntary maritime-related services on behalf of DOD.
(Sec. 1082) Expresses the sense of Congress that the DOD policy restricting media coverage of the transfer of the remains of deceased members of the Armed Forces appropriately protects the privacy of the members' families and friends and is consistent with U.S. constitutional guarantees of freedom of speech and freedom of the press.
(Sec. 1083) Authorizes the Secretary of the Navy to convey to a named individual all U.S. rights and interest to a F3A-1 Brewster Corsair aircraft.
(Sec. 1084) Makes various technical and clerical amendments under Federal armed forces provisions.
(Sec. 1085) Prohibits the Secretary from reducing or eliminating search and rescue capabilities at any military installation in the United States unless the Secretary first certifies to the defense committees that equivalent search and rescue will be provided without interruption and with the policies and objectives set forth in the United States National Search and Rescue Plan entered into force on January 1, 1999.
(Sec. 1086) Authorizes the Secretary of Agriculture to purchase ten aircraft for the National Interagency Fire Center for use in aerial firefighting. Authorizes appropriations.
(Sec. 1087) Amends the Higher Education Act of 1965 to require the Secretary of Education, in considering assurances made by an institution that it is an Hispanic-serving institution of higher education, to consider such assurances as meeting the Hispanic-serving requirements unless the Secretary determines, based on a preponderance of the evidence, that such assurances do not meet the requirements.
(Sec. 1088) Amends the Federal criminal code to include within military extraterritorial jurisdiction a civilian or contractor employee of any Federal agency or provisional authority to the extent such employment relates to the support of DOD missions overseas.
(Sec. 1090) Amends the National Energy Conservation Policy Act to: (1) extend through FY 2005 the authority of Federal agencies to enter into contracts for energy savings and conservation; and (2) include water and wastewater treatment and water conservation measures within the definitions and purposes of energy savings and energy savings contracts under such Act. Directs the Secretary of Energy to: (1) complete a review of the Energy Savings Performance Contract to identify obstacles that prevent Federal agencies from fully utilizing the program; and (2) report review results to Congress. Validates any Federal energy savings contract entered into between October 1, 2003 (the previous termination date) and the date of enactment of this Act.
(Sec. 1091) Expresses the sense of Congress that, among other things: (1) the abuses inflicted upon detainees at the Abu Ghraib prison in Baghdad, Iraq, are inconsistent with the professionalism and training required of the U.S. military; (2) the abuse of persons in U.S. custody in Iraq is condemned and deplored by the American people; and (3) no detainee shall be subject to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of the United States.
(Sec. 1092) Directs the Secretary to: (1) ensure that policies are prescribed regarding procedures for DOD and DOD contractor personnel to treat persons detained by the U.S. Government in a humane manner consistent with international obligations (such as the Geneva Conventions) and U.S. laws; and (2) certify that all Federal employees and civilian contractors engaged in the interrogation of individuals have fulfilled an annual training requirement on the law of war, the Geneva Conventions, and U.S. obligations under international law.
(Sec. 1093) Requires specified reports from the Secretary to the defense committees on regulations, policies, and orders adopted, along with other steps taken, to implement the requirements of the previous two sections concerning the humane U.S. treatment of detainees.
(Sec. 1094) Expresses the sense of Congress that: (1) the Secretary should make every protection available to Army Specialist Joseph Darby (who alerted his superiors of prisoner abuses at Abu Ghraib prison) and others who demonstrate such courage; and (2) Joseph Darby should be appropriately commended by the Secretary of the Army.
Title XI: Civilian Personnel Matters - (Sec. 1101) Provides for the continuation of Federal Employee Health Benefits Program (FEHBP) coverage for up to 24 months for a Federal employee who is: (1) currently enrolled in the FEHBP; and (2) as a member of the reserves, called or ordered to active duty in support of a contingency operation and serves on such duty for more than 30 consecutive days.
(Sec. 1102) Revises Federal provisions which authorize the Secretary to pay foreign language proficiency pay for a DOD employee certified as proficient in a foreign language deemed necessary for national security interests and whose duties require such proficiency to repeal the requirement that the individual perform such duties during a contingency operation.
(Sec. 1103) Makes civilian intelligence personnel pay rates equal to the rates provided for comparable positions in DOD, including Senior Executive positions. Subjects the Defense Intelligence Senior Executive Service to a performance appraisal system certified by the Secretary as making meaningful distinctions based on relative performance.
(Sec. 1104) Provides for pay parity for senior executives in defense nonappropriated fund instrumentalities with the pay of DOD employees in the Senior Executive Service or other senior executive positions.
(Sec. 1105) Directs the Secretary to carry out a pilot program to provide financial assistance (scholarships) for education in science, mathematics, engineering, and technology skills and disciplines that are critical to DOD national security functions and needed in the DOD workforce. Requires: (1) a written agreement by scholarship recipients for a period of obligated service with DOD following such education; (2) recipient refunds for any unserved periods of obligated service; and (3) reporting of a plan for expanding and improving such pilot program to improve recruitment and retention and meet DOD requirements for its science and engineering workforce. Authorizes Federal agencies to appoint candidates: (1) for positions where there exists a severe shortage or there is a critical need; or (2) who participate in the scholarship program.
(Sec. 1106) Directs the Secretary to submit to the defense and intelligence committees a plan for expanding and improving the DOD national security foreign language workforce so as to improve recruitment and retention and meet DOD foreign language workforce requirements on both a short- and long-term basis.
(Sec. 1107) Requires the Under Secretaries of Defense for Acquisition, Technology, and Logistics and for Personnel and Readiness to jointly: (1) develop a plan for effective utilization of their flexible personnel management authorities with respect to DOD laboratories; and (2) submit the plan to the defense committees.
Title XII: Matters Relating to Other Nations - Subtitle A: Matters Relating to Iraq, Afghanistan, and Global War on Terrorism - (Sec. 1201) Authorizes, during FY 2005, the use of up to $300 million from DOD O&M funds to provide funds for the Commanders' Emergency Response Program for enabling military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements, and for a similar program to assist the people of Afghanistan. Requires quarterly reports from the Secretary to the defense and appropriations committees on any funds so used. Authorizes the Secretary to waive any provision of law that would prohibit, restrict, limit, or otherwise constrain the exercise of such authority. Requires the Secretary to report to the defense committees identifying any such provisions of law.
(Sec. 1202) Authorizes the Secretary to provide assistance in FY 2005 to Iraq and Afghanistan military and security forces solely to enhance their ability to combat terrorism and support U.S. or coalition military operations in such countries. Limits to $500 million the cost of such assistance. Directs the Secretary to notify the defense and appropriations committees at least 15 days in advance of such assistance.
(Sec. 1203) Amends the Emergency Supplemental Appropriations Act for Defense and Reconstruction of Iraq and Afghanistan, 2004 to redesignate the Inspector General of the Coalition Provisional Authority (CPA) as the Special Inspector General for Iraq Reconstruction (SIG). Replaces references to: (1) the heads of the CPA with the Secretaries of State and Defense; and (2) the CPA with the Iraq Relief and Reconstruction Fund. Requires the SIG to coordinate with, and receive the cooperation of, the inspectors general for DOD, the U.S. Agency for International Development, and the State Department. Revises due dates for certain reports required from the SIG. Revises the date for termination of the Office of the SIG.
(Sec. 1204) Sets forth reporting requirements concerning the strategy of the U.S. and coalition forces for stabilizing Iraq.
(Sec. 1205) Directs the Secretary to: (1) issue guidance on the management of contractors that support deployed forces; and (2) direct the Secretaries of the military departments to develop procedures to ensure implementation of the guidance. Requires a report from the Secretary to the defense committees after the issuance of such guidance.
(Sec. 1206) Directs the Secretary to report to the defense committees on contractors supporting deployed forces and reconstruction efforts in Iraq.
(Sec. 1207) Expresses the sense of Congress that the Secretary of State should seek to conclude a memorandum of understanding with the Interim Government of Iraq to ensure U.S. access to all documents in their possession related to the United Nations (UN) Oil-for-Food Program. Requires such Secretary to urge the UN Secretary General to provide all audits and core documents relating to such Program. Expresses the sense of Congress that the CG have complete access to financial information relating to the UN, including information concerning such Program. Directs the CG to conduct a review of such Program.
(Sec. 1208) Authorizes the Secretary to expend up to $25 million in each of FY 2005 through 2007 to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing military operations by U.S. special operations forces to combat terrorism. Requires an annual report on the support provided.
Subtitle B: Counterproliferation Matters - (Sec. 1211) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to authorize the Secretary to carry out certain counterproliferation training programs in a country in which the Secretary determines that there exists a significant threat of the unauthorized transfer and transportation of nuclear, biological, or chemical weapons or related materials.
(Sec. 1212) Expresses the sense of Congress that the United States: (1) should vigorously pursue initiatives aimed at eliminating, reducing, or retarding the proliferation of ballistic missiles and related technologies; and (2) and the international community should continue to support and strengthen established international accords and efforts designed toward such elimination, reduction, or retardation.
(Sec. 1213) Commends the President for steps taken to continue support for the Global Partnership Against the Spread of Nuclear Weapons and Materials of Mass Destruction, and using the Partnership to coordinate nonproliferation projects in Libya, Iraq, and other countries. Urges the President to undertake specified activities to further Partnership efforts.
(Sec. 1214) Requires a report from the Secretary to Congress on the collaborative measures that the United States and the Russian Federation could take to reduce the risks that a nuclear ballistic missile could be launched as the result of an accident, misinformation, miscalculation, or unauthorized use.
Subtitle C: Other Matters - (Sec. 1221) Extends the authority of members of the Armed Forces to provide, as humanitarian assistance, the detection and clearance in a foreign country of landmines to include the detection and clearance of other explosive remnants of war.
(Sec. 1222) Amends the Thurmond Act to expand the definition of a "Communist Chinese military company" for purposes of being subject, while operating in the United States, to certain presidential authorities under the International Emergency Economic Powers Act.
(Sec. 1223) Authorizes the Secretary of the Navy to conduct a program under which members of the naval service of any of the member nations of NATO may be assigned to U.S. commands to work on submarine vessel safety and rescue systems and procedures. Limits the costs payable for such personnel. Terminates program authority at the end of FY 2008.
(Sec. 1224) Makes certain DOD O&M funds available in FY 2005 for the participation of new NATO member nations (Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia) in the exercises and programs of NATO's Partnership for Peace program.
(Sec. 1225) Requires the Secretary of State to expeditiously process any application for the export of defense items to the Governments of Australia and the United Kingdom without referral to any other Federal department or agency, except when the item is classified or when exceptional circumstances apply.
(Sec. 1226) Directs the Secretary to: (1) study the advisability and feasibility of establishing procedures for streamlining the export licensing review process for missile defense items and for providing major project authorizations for programs related to missile defense; and (2) report study results to the defense and foreign relations committees.
Title XIII: Cooperative Threat Reduction With States of the Former Soviet Union - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purposes available for three years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 30 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Extends through 2006 the authority of the President to waive certain preconditions established under the NDAA for Fiscal Year 2000 with respect to funding for a chemical weapons destruction facility in Russia if the President certifies to Congress why the waiver is important to U.S. national security interests.
(Sec. 1304) Amends the Strom Thurmond NDAA for Fiscal Year 1999 to require the inclusion in annual DOD budget justification materials of certain descriptive summaries of CTR programs, projects, activities, and assistance.
Title XIV: Sunken Military Craft - (Sec. 1401) Mandates that any right, title, and interest of the United States in and to any U.S. sunken military craft shall not be extinguished by the passage of time, regardless of when the craft sank.
(Sec. 1402) Prohibits any person from engaging, or attempting to engage, in any activity directed at a sunken military craft that disturbs, removes, or injures any such craft, except as authorized by a permit under this title, regulations issued under this title, or otherwise by law. Provides limitations and exceptions.
(Sec. 1403) Authorizes the Secretary concerned to issue permits with respect to such activity for archaeological, historical, or educational purposes. Authorizes the Secretary of the Navy to carry out this section with respect to any foreign sunken military craft located in U.S. waters.
(Sec. 1404) Authorizes the Secretary concerned to assess a civil penalty of up to $100,000 for each violation of this title.
(Sec. 1405) Provides liability for damages caused in violation of this title.
(Sec. 1407) Encourages the Secretary of State to negotiate and conclude bilateral and multilateral agreements with foreign countries with regard to sunken military aircraft consistent with this title.
Title XV: Authorization for Increased Costs Due to Operation Iraqi Freedom and Operation Enduring Freedom - (Sec. 1501) Authorizes appropriations, for additional costs due to Operations Iraqi Freedom and Enduring Freedom, for FY 2005 for: (1) the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, National Guard and reserve equipment, and for other procurement; (2) defense-wide procurement; (3) O&M; (4) the Defense Working Capital Program; (5) the Iraq Freedom Fund; (6) the Defense Health Program; and (7) military personnel.
(Sec. 1511) Authorizes the Secretary, in the national interest, to transfer up to $1.5 billion of the amounts made available to DOD in this title for FY 2005 between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2005 - Title XXI [sic]: Army - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2004 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year: (1) 2004 to increase the amounts authorized for military construction projects at Fort Stewart, Georgia, and Fort Drum, New York; and (2) 2003 to increase the amount authorized for a project at Fort Sill, Oklahoma.
Title XXII: Navy - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
Title XXIII: Air Force - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under title XXI.
Title XXIV: Defense Agencies - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to improve existing military family housing units and carry out certain energy conservation projects. Authorizes appropriations to DOD for fiscal years after 2004 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the NATO Security Investment Program and authorizes appropriations for fiscal years after 2004 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - (Sec. 2601) Authorizes appropriations for fiscal years after 2004 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Title XXVII: Expiration and Extension of Authorizations - (Sec. 2701) Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2007, or the date of enactment of an Act authorizing funds for military construction for FY 2008, whichever is later, with exceptions. Extends certain prior-year military construction projects.
Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Increases from $5 million to $7.5 million the threshold for minor military construction projects before approval is required by the Secretary concerned. Decreases from $10 million to $7.5 million the threshold at which congressional notification is required for the use of O&M funds for military facility repairs.
(Sec. 2802) Requires annual reports from the Secretary identifying general or flag officer quarters for which total operation, maintenance, and repair costs are expected to exceed $35,000 for the next fiscal year. Directs the Secretary concerned, with respect to each such unit under their jurisdiction, to submit to the defense and appropriations committees at least 21 days in advance a justification of the need for the maintenance or repair project and an estimate of its cost. Directs the Secretary to report to such committees: (1) an analysis of anticipated needs in the National Capital Region for family housing units for general and flag officers; and (2) a worldwide inventory of units used, or intended for use, for such officers, and the annual expenditures for FY 2002-2004 for O&M, utilities, leases, and repairs of such units.
(Sec. 2803) Decreases from 21 to 14 days, if provided in an electronic format, the required prior congressional notification of deviations from authorized cost variations for military construction and family housing projects.
(Sec. 2804) Directs the Secretary to develop common guidance and criteria to be used by the Secretary concerned to: (1) assess the vulnerability of U.S. military installations to terrorist attack; (2) develop construction standards designed to reduce such vulnerability; (3) prepare and carry out military construction projects, such as gate and fenceline construction, to improve the physical security of such installations; and (4) assist in prioritizing such projects within the military construction budget of that department. Requires: (1) vulnerability assessments to be conducted at regular intervals; and (2) the Secretary to include certain information with respect to such assessments within annual DOD budget justification materials submitted to Congress. Requires the Secretary to certify that, since September 11, 2001, assessments regarding the vulnerability of military installations to terrorist attacks have been undertaken for all major military installations.
(Sec. 2805) Repeals: (1) certain limitations on the use of alternative authority for the acquisition or construction of military housing; and (2) the authority to enter into a contract for such acquisition or construction.
(Sec. 2806) Provides additional reporting requirements with respect to alternative authority for the acquisition or improvement of military housing.
(Sec. 2807) Authorizes the Secretary concerned, through FY 2007, to accelerate design efforts for military construction projects using design-build (two-phase) selection procedures. Directs the Secretary to report to the defense and appropriations committees on the usefulness of such authority in expediting the design and construction of such projects.
(Sec. 2808) Revises notification thresholds and other requirements with respect to expenditures or contributions for the acquisition of reserve facilities, including the authority to carry out small projects using O&M funds.
(Sec. 2809) Allows the Secretary to authorize each department Secretary to acquire a facility (or facility addition) needed to satisfy military requirements for a reserve component by carrying out an exchange of an existing facility through an agreement with a State, local government, local authority, or private entity. Requires equal value exchanges. Provides minimum requirements for replacement facilities. Requires 30 days' advance notification to the defense committees prior to entering into any such agreement. Provides temporary authority to include cash equalization payments as part of any such exchange (requiring a report from the Secretary to such committees on any such payments).
(Sec. 2810) Amends the Military Construction Authorization Act for Fiscal Year 2004 to extend through FY 2005 the limited authority to use O&M funds for military construction projects outside the United States. Allows such extension only if all quarterly reports concerning such projects originally required for FY 2004 in such Act are submitted to the appropriate congressional committees.
(Sec. 2811) Requires the Secretary, when considering any military project for the construction of a new medical treatment facility in the United States or a U.S. territory or possession, to consult with the Secretary of Veterans Affairs regarding the feasibility of carrying out a joint project to construct a facility that serves as a health-resources sharing facility between the two departments. Requires the Secretary of Veterans Affairs to undertake the same consultation with respect to a possible Department of Veterans Affairs facility.
Subtitle B: Real Property and Facilities Administration - (Sec. 2821) Consolidates and reorganizes existing provisions relating to DOD real property transactions and the use of DOD facilities.
(Sec. 2822) Authorizes the Secretary of the Army to enter into an agreement with the Army Historical Foundation for the design, construction, and operation of a facility or group of facilities at Fort Belvoir, Virginia, for the National Museum of the United States Army. Authorizes the Commander of the United States Army Center of Military History to accept gifts and bequests valued at up to $250,000 for the benefit of the Museum or the Center.
(Sec. 2823) Provides that if real property owned by the United States and used as a Navy homeport is subject to a reversionary interest of any kind, the Secretary of the Navy may enter into an agreement with the holder to acquire the reversionary interest with in-kind consideration, and thereby clear U.S. title to the property. Prohibits cash payments for the acquisition of such reversionary interests.
Subtitle C: Base Closure and Realignment - (Sec. 2831) Establishes March 15 of the base closure round year as the final deadline for revision of the force structure plan or infrastructure inventory.
(Sec. 2832) Outlines the final selection criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States during the next base closure round, including: (1) current and future mission capabilities and the impact on operational readiness of the total force of DOD; (2) the availability and condition of land, facilities, and associated air and water space at both existing and potential receiving locations; and (3) the ability to accommodate contingency, mobilization, surge, and future total force requirements at both existing and potential receiving locations. Requires the Secretary, in making recommendations for base closures or realignments, to give priority to the above criteria. Allows only such final selection criteria to be used in making recommendations for closures or realignments inside the United States in 2005.
(Sec. 2833) Amends the Defense Base Closure and Realignment Act of 1990 to repeal the authority of the Secretary to recommend that installations be placed in inactive status (and therefore protected from closure or realignment) during a round of base closures and realignments.
(Sec. 2834) Requires the consent of at least seven commissioners of the Defense Base Closure and Realignment Commission in order to recommend the closure or realignment of an installation not recommended by the Secretary for closure or realignment.
Subtitle D: Land Conveyances - Part I: Army Conveyances - (Sec. 2841) Authorizes the Secretary of the Army to convey to: (1) an entity selected by the Board of Commissioners of Johnson County, Kansas, the Sunflower Army Ammunition Plant in Kansas, for economic development and revitalization; (2) Bi-County Solid Waste Management System a portion of Fort Campbell, Tennessee, to permit BI-County to expand a landfill facility; (3) the State of Louisiana a portion of the Louisiana Army Ammunition Plant in Doyline, Louisiana, for military training purposes; and (4) the State of Missouri a portion of Fort Leonard Wood, Missouri, for the establishment of a State-operated veterans' cemetery.
(Sec. 2845) Authorizes the Secretary of the Army to transfer to the Secretary of Veterans Affairs administrative jurisdiction over a portion of the Defense Supply Center in Columbus, Ohio, for use as a new outpatient clinic for veterans' medical services.
(Sec. 2846) Deems various parcels of real property within the boundaries of Umatilla Chemical Depot, Oregon, no longer suitable for return to the public domain, and transfers such parcels to the administrative jurisdiction of the Secretary of the Army for purposes of management and disposal under the base closure laws.
(Sec. 2847) Amends the Water Resources Development Act of 1999 to authorize the Secretary of the Army to convey to the city of Charleston, South Carolina (previously the conveyance was authorized, but there was no named recipient) the property known as the Equipment and Storage Yard on Meeting Street in Charleston.
(Sec. 2848) Authorizes the Secretary of the Army to convey to: (1) the Texas A&M University System of the State of Texas a portion of Fort Hood, Texas, for an upper level, State-supported university; (2) the State of Utah a parcel of real property at the Browning Army Reserve Center, Utah, for construction and operation of a veterans' nursing care facility; (3) the Hampton City School Board, Virginia, the Butler Farm Army Reserve Center, Virginia, for public education purposes; and (4) the State of Washington a portion of the National Guard Facility, Pier 91, Washington, for enabling such State to convey the facility unencumbered for economic development purposes.
(Sec. 2851) Amends the Military Construction Authorization Act for Fiscal Year 2002 to: (1) authorize the Secretary of the Army to transfer to the Secretary of the Interior, in trust for the Nisqually Tribe (current law authorizes such transfer directly to such Tribe), a specified portion of Fort Lewis, Washington; (2) increase the amount of land to be transferred; and (3) specifically preserve, after such transfer, all existing permit rights and easements held by the Bonneville Power Administration with respect to such area.
Part II: Navy Conveyances - (Sec. 2861) Authorizes the Secretary of the Army to convey to the University of Miami, Florida, certain parcels of property in the vicinity of the former Richmond Naval Air Station, Florida, to facilitate force protection and security needs of DOD facilities located on such Station.
(Sec. 2862) Authorizes the Secretary of the Navy to convey to: (1) the city and county of Honolulu, Hawaii, a parcel of real property on Valkenberg Avenue in Honolulu, to enhance the capability of the city and county to provide fire protection and firefighting services to civilian and military properties in the area, as well as firefighter training; (2) the State of Illinois, a political subdivision of the State, or a nonprofit land conservation organization certain environmentally sensitive land at the former Fort Sheridan, Illinois, for the purpose of ensuring the permanent protection of such land; (3) the State of Maryland a portion of the Naval Air Station, Patuxent River, Maryland, in exchange for a parcel of real property in Point Lookout State Park, Maryland; (4) the Berkeley County Sanitation Authority, South Carolina, a portion of the Naval Weapons Station in Charleston, for the expansion of an existing sewage treatment plant; and (5) the city of Portsmouth, Virginia, the Navy YMCA Building in Portsmouth, for economic revitalization purposes.
(Sec. 2865) Amends the Military Construction Authorization Act for Fiscal Year 2002 to increase the acreage that the Secretary of the Navy is authorized to acquire with respect to a land acquisition in Perquimans County, North Carolina.
Part III: Air Force Conveyances - (Sec. 2871) Authorizes the Secretary of the Air Force to convey to: (1) the city of Montgomery, Alabama, the Maxwell Heights Housing site at Maxwell Air Force Base, Alabama, in exchange for real property contiguous to such Base; (2) the March Joint Powers Authority a parcel of real property containing the former Defense Reutilization and Marketing Office facility for March Air Force Base, California, for economic development and revitalization; and (3) the Oneida County Industrial Development Agency, New York, a portion of the former Griffiss Air Force Base, New York, for economic development purposes.
Part IV: Other Conveyances - (Sec. 2881) Authorizes the Secretary to convey to Arlington County, Virginia, a parcel of real property on the Navy Annex property, Virginia, for the construction of a freedmen heritage museum and an Arlington history museum. Amends the Military Construction Authorization Act for Fiscal Year 2000 to: (1) include a certain property within a transfer of Navy Annex property for use by Arlington National Cemetery; and (2) terminate the reservation of certain Navy Annex property for use in connection with memorials or museums.
Subtitle E: Other Matters - (Sec. 2891) Amends the NDAA for Fiscal Year 1996 to continue through FY 2005 the authority of the Secretary to carry out the Department of Defense Follow-On Laboratory Revitalization Demonstration Program.
(Sec. 2892) Designates the Airmen Leadership School at Luke Air Force Base, Arizona, as the John J. Rhodes Airmen Leadership School.
(Sec. 2893) Authorizes the Secretary of the Navy to pay specified funds to the Oakland Base Reuse Authority and the Redevelopment Agency of the City of Oakland, California, in settlement of certain claims.
(Sec. 2894) Directs the Secretary to report to Congress on the feasibility of using Camp Ripley National Guard Training Center in Little Falls, Minnesota, as a mobilization station for reserves called or ordered to active duty.
(Sec. 2895) Directs the Secretary of the Navy to report to Congress on the possible establishment and maintenance of a veterans' memorial on the site of the former Marine Corps Air Station, El Toro, California.
(Sec. 2896) Expresses the sense of Congress that DOD should: (1) consider the effects that force structure and overseas stationing arrangements will have on military housing requirements at specific installations, the number of school-aged dependents at such installations, and the need for additional educational facilities to serve those dependents; and (2) consult with local communities and educational agencies on the best way to address such changing housing and educational requirements.
(Sec. 2897) Expresses the sense of Congress that a memorial marker should be designed and placed in an appropriate place to honor individuals who, although not U.S. citizens, served in the U.S. Armed Forces and were killed in the line of duty. Requires the Secretary of the Army to conduct a study and report to Congress.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations to the Department of Energy (DOE) for FY 2005 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, with specified allocations for weapons activities, defense nuclear nonproliferation activities, naval reactors, and the Office of the Administrator for Nuclear Security (Administrator); and (2) environmental restoration and waste management activities in carrying out national security programs, with specified allocations for defense environmental management, other defense activities, and defense nuclear waste disposal.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Directs the Administrator to report to the defense and appropriations committees setting forth the validated pit production requirements for the Modern Pit Facility (pit facilities supporting nuclear weapons).
(Sec. 3112) Amends the Atomic Energy Defense Act to extend through FY 2006 DOE authority for the appointment of certain scientific, engineering, and technical personnel.
(Sec. 3113) Amends the NDAA for Fiscal Year 2004 to allow new projects under the Facilities and Infrastructure Recapitalization Program after its deadline of December 31, 2004, if the Administrator approves the project. Prohibits funds from being so obligated or expended until 60 days after the Administrator submits to the defense committees a notice of the new project and related information. Limits to five the total number of projects that may be carried out in a fiscal year under such authority.
(Sec. 3114) Amends the NDAA for Fiscal Year 2002 to revise milestone and reporting requirements relating to the National Ignition Facility. Requires the Administrator to report to the defense and appropriations committees on the milestones of the Facility to achieve ignition. Extends through 2011 (currently 2004) certain modifications and reporting requirements with respect to such Facility.
(Sec. 3115) Amends the Atomic Energy Defense Act to revise the annual date of submission of a plan for the stewardship, management, and certification of warheads in the nuclear weapons stockpile.
(Sec. 3116) Excludes certain radioactive material resulting from the reprocessing of spent nuclear fuel from those materials stored at a DOE facility which may be regulated by the States of South Carolina and Idaho pursuant to an approved closure plan or permit. Directs the Nuclear Regulatory Commission to: (1) monitor DOE radioactive material disposal actions to determine compliance with requirements enumerated under this section; and (2) if determining any noncompliance, inform DOE, the appropriate State, and the defense, energy, and appropriations committees.
(Sec. 3117) Earmarks funds authorized under this title for the treatment of waste material at the following nuclear sites: (1) the Idaho National Engineering and Environmental Laboratory; (2) the Savannah River site (South Carolina); and (3) the Hanford (Washington) site.
(Sec. 3118) Directs the Secretary of Energy (Secretary, for purposes of this Division) to establish for each DOE Environmental Management 2006 closure site a local stakeholder organization to: (1) solicit and encourage public participation in appropriate activities relating to the closure of the site; and (2) disseminate information on the site's closure and post-closure operations to the State, local, and tribal governments affected by the closure, as well as persons and entities having a stake therein. Requires such organization to be established at least six months before a site's closure.
(Sec. 3119) Requires the Administrator to report to the defense and appropriations committees on the planned activities of the Advanced Nuclear Weapons Concepts Initiative for FY 2005.
Subtitle C: Proliferation Matters - (Sec. 3131) Amends the NDAA for Fiscal Year 2004 to repeal the $50 million fiscal year limit on the total amount of international nuclear materials protection and cooperation program funds that may be obligated or expended by the President for a defense nuclear nonproliferation project or activity outside the states of the former Soviet Union.
(Sec. 3132) Expresses the sense of Congress that: (1) the security of fissile and radiological materials and related equipment at vulnerable sites worldwide should be a top priority for U.S. national security; and (2) the President may establish in DOE a task force (the Task Force on Nuclear Materials) to carry out a program for such purposes. Authorizes the Secretary to carry out a program to undertake a worldwide effort to mitigate the threats posed by such materials at sites potentially vulnerable to theft or diversion. Outlines program elements. Requires an interim and final program report from the Secretary to Congress. Provides funding from DOE nuclear nonproliferation funds.
(Sec. 3133) Authorizes the Secretary to carry out a program, to be known as the Silk Road Initiative, to promote non-weapons-related employment opportunities in the United States and in Silk Road nations (certain independent states of the former Soviet Union) for scientists, engineers, and technicians formerly engaged in activities to develop and produce WMDs in those nations.
(Sec. 3134) Authorizes the Administrator for Nuclear Security to carry out a program under which the Administrator awards, to scientists employed at nonproliferation research laboratories of the Russian Federation and the United States, international exchange fellowships, to be known as Nuclear Nonproliferation Fellowships, in the nuclear nonproliferation sciences. Limits the duration of a fellowship to two years, unless an extension is warranted under extraordinary circumstances as determined by the Administrator. Provides funding from DOE nuclear nonproliferation funds.
(Sec. 3135) Amends the Bob Stump NDAA for Fiscal Year 2003 to authorize the Secretary, in order to achieve international participation in a program for the elimination of production of weapons-grade plutonium, to enter into one or more agreements with any appropriate person, foreign government, or international organization for the contribution of funds for such program. Directs the Secretary to: (1) notify the defense and appropriations committees at least 30 days in advance of the intent to use such a contribution for such purposes; and (2) report annually to such committees on the receipt and utilization of such contributions.
Subtitle D: Other Matters - (Sec. 3141) Amends the Atomic Energy Act to extend through 2006 (currently 2004) the authority of the Secretary to enter into indemnification agreements with DOE contractors conducting activities that involve the risk of public liability and are not subject to other financial protection agreements.
(Sec. 3142) Requires the Assistant Secretary of Energy to report to the Secretary on the maintenance of retirement benefits for workers at DOE 2006 closure sites after the closure of such sites. Directs the Secretary to transmit such report to Congress, together with comments and recommendations.
(Sec. 3143) Directs the Administrator to contract with a federally funded research and development center for a study to assess NNSA efforts to understand the aging of plutonium in nuclear weapons. Requires a findings report from the Administrator to Congress.
(Sec. 3144) Directs the Secretary to require that the primary management and operations contract for Los Alamos National Laboratory, New Mexico, contains terms requiring the contractor to provide support to the Los Alamos Public School District for the elementary and secondary education of students in the amount of $8 million per fiscal year.
(Sec. 3145) Directs the Secretary to use competitive procedures in contracting for the conduct of independent reviews and evaluations of the design, construction, and operations of the Waste Isolation Pilot Plant in New Mexico as they relate to the protection of the public health and safety and the environment. Outlines contract requirements.
(Sec. 3146) Directs the Secretary to arrange with the National Research Council of the National Academy of Sciences for a study of DOE plans to manage radioactive waste streams meeting a certain concentration level and not stored in a repository for spent nuclear fuel and high-level waste. Requires an interim and final report from the Council to the Secretary and the appropriations, defense, and environmental committees. Provides study funding.
(Sec. 3147) Establishes in the Treasury the Pajarito Plateau Homesteaders Compensation Fund for the settlement of two lawsuits involving the U.S. acquisition of certain lands in New Mexico for the Manhattan Project (nuclear testing) conducted during World War II. Outlines judicial procedures with respect to the consolidated lawsuits. Provides Fund funding from amounts authorized for the NNSA under this title.
(Sec. 3148) Authorizes DOE to transfer, without consideration, certain parcels of land at the Los Alamos National Laboratory, New Mexico, to be used to facilitate economic development for Los Alamos County public schools.
Subtitle E: Energy Employees Occupational Illness Compensation Program - (Sec. 3161) Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to compensate under such Program any DOE contractor suffering an illness or death resulting from exposure to a toxic substance at a DOE facility. Directs the Secretary of Labor to administer the Program. Provides a compensation schedule based upon degree of impairment ratings ($2,500 for every degree of impairment), and includes as part of such compensation any wage loss suffered by an employee. Provides a compensation schedule for survivors of such employees, with three different categories based on the probability that the exposure contributed to the employee's death, along with other factors in descending order of priority. Makes such compensation provisions applicable to certain uranium mining or mill employees. Provides for judicial review of decisions concerning eligibility for compensation payments. Authorizes such Secretary to utilize the services of physicians for making eligibility and impairment determinations. Requires covered DOE employees to be furnished medical services for the covered illness. Reduces any such benefits by the amount received due to such illness from a State workers compensation system. Limits to $250,000 the maximum aggregate benefit (other than medical benefits) that an individual may receive based on an illness or death. Establishes within the Department of Labor the Office of the Ombudsman to provide benefits information, make recommendations on the location of resource centers for the acceptance and development of claims, and undertake related activities. Requires an annual activities report from the Ombudsman to Congress. Terminates this section three years after the enactment of this Act.
(Sec. 3164) Directs the Secretary to transfer Program funds to the Secretary of Labor to administer the compensation program.
(Sec. 3166) Directs the Secretary to ensure that members and staff of the National Institute of Occupational Safety and Health (NIOSH) Advisory Board are afforded sufficient security clearances to carry out investigations and employment information tracking relating to the compensation program. Provides deadlines with respect to the designation of members of the Special Exposure Cohort (investigative body for the compensation program). Requires the Secretary of Labor to direct the NIOSH Director to prepare, to the extent determined useful, site profiles (working conditions) for a DOE facility based on records, files, and other data provided by the Secretary of Energy. Directs the Secretary of Health and Human Services to establish time frames for completing site profiles for DOE facilities for which such profiles have not been completed.
(Sec. 3167) Directs the President to require the Advisory Board on Radiation and Worker Health to convene a Board meeting for consideration of the designation of members of the Special Exposure Cohort for whom petitions have already been received. Requires a report from the President to Congress on the status of such petitions.
(Sec. 3168) Includes under the Energy Employees Occupational Illness Compensation Program those workers exposed to residual radiation contamination.
(Sec. 3169) Requires the NIOSH Director to submit to Congress an update to the report on residual contamination of facilities required under the NDAA for Fiscal Year 2002.
(Sec. 3170) Expresses the sense of Congress that the Secretary should: (1) review the availability of assistance under subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000 for energy employees in the western New York region, including western Pennsylvania; and (2) recommend a location in that region for a resource center to provide claim assistance to such employees.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY 2005 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: National Defense Stockpile - (Sec. 3301) Authorizes the National Defense Stockpile (NDS) Manager, during FY 2005, to obligate up to $59.7 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 3302) Amends the Thurmond Act to authorize the Secretary of Defense to dispose of NDS materials so as to result in $785 million in receipts by the end of FY 2005 and $870 million in receipts by the end of FY 2009.
(Sec. 3303) Authorizes the Secretary of Defense to dispose of up to 50,000 tons of ferromanganese from the NDS during FY 2005, allowing the disposal of up to 50,000 additional tons if all such disposals are completed before September 30, 2005. Allows the disposal of the additional amounts only if such Secretary has certified to the defense committees, at least 30 days in advance, that such disposal is in the national interest, will not cause disruption in the ferromanganese markets, and is consistent with NDS requirements and purposes.
(Sec. 3304) Prohibits the Secretary of Defense, during FY 2005, from storing mercury from the NDS at any facility not owned or leased by the United States.
Title XXXIV: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary for FY 2005 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation for FY 2005 for the Maritime Administration for: (1) operations and training; (2) administrative expenses under the loan guarantee program authorized under the Merchant Marine Act, 1936; and (3) ship disposal.
(Sec. 3502) Amends the Merchant Marine Act, 1936 to extend through December 31, 2010, the authority of the Secretary of Transportation to purchase war risk insurance and reinsurance for merchant marine vessels.
(Sec. 3503) Amends the Maritime Security Act of 2003 to require the Secretary of Transportation, in providing financial assistance for fiscal years after 2005 for the construction of tank vessels to be used for commercial and, if necessary, national defense purposes, to give priority consideration to subsidy proposals from applicants accepted for participation in the Shipboard Technology Evaluation Program, as outlined in a specified Circular issued by the Commandant of the Coast Guard on January 2, 2004.
Title XXXVI: Assistance to Firefighters - Assistance to Firefighters Grant Program Reauthorization Act of 2004 - (Sec. 3602) Amends the Federal Fire Prevention and Control Act of 1974 to: (1) include in the purposes of such Act firefighter safety research and development, as well as research to improve firefighter health and life safety; and (2) authorize the Director of the Federal Emergency Management Agency (FEMA) to provide grant assistance to non-hospital-affiliated emergency medical services (EMS) organizations. Provides grant limits of $1 million, but requires recipients to match 20 percent of grant funds with non-Federal funds. Reduces matching funds requirements with respect to communities of 50,000 or fewer residents. Increases grant limits with respect to recipients serving populations of over 500,000. Outlines grant distribution requirements. Requires the FEMA Director to convene an annual meeting of recognized national fire service and EMS organizations for recommending criteria for awarding grants and necessary administrative changes to the grant program.
(Sec. 3603) Directs the Administrator of the United States Fire Administration to study, and report to specified congressional committees on, appropriate firefighting equipment, staffing, and training, as well as the impact of the grant program in meeting the needs of fire services. Authorizes appropriations for the study.