S.2400 - Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005108th Congress (2003-2004)
|Sponsor:||Sen. Warner, John [R-VA] (Introduced 05/11/2004)|
|Committees:||Senate - Armed Services|
|Committee Reports:||S. Rept. 108-260|
|Latest Action:||Senate - 06/23/2004 Senate incorporated this measure in H.R. 4200 as an amendment. (text as passed Senate: CR 7/6/2004 S7592-7684) (All Actions)|
|Roll Call Votes:||There have been 31 roll call votes|
|Notes:||For further action, see H.R.4200, which became Public Law 108-375 on 10/28/2004.|
This bill has the status Passed Senate
Here are the steps for Status of Legislation:
- Passed Senate
Summary: S.2400 — 108th Congress (2003-2004)All Information (Except Text)
Passed Senate amended (06/23/2004)
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) Limits the obligation or expenditure of funds for the procurement of light utility helicopters until 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.
(Sec. 112) Earmarks specified Army procurement funds for the procurement of: (1) up-armored high mobility multipurpose wheeled vehicles; and (2) wheeled vehicle ballistic add-on armor protection. Requires: (1) the Secretary of the Army to allocate the earmarked funds between the two procurements; and (2) at least 15 days' advance notice to the defense and appropriations committees prior to such allocation.
(Sec. 113) Authorizes additional Army procurement funds, to be used for the procurement of command-and-control vehicles or field artillery ammunition support vehicles. Offsets such additional funds from Air Force personnel funding.
Subtitle C: Navy Programs - (Sec. 121) Authorizes the Secretary of the Navy to: (1) procure the first amphibious assault ship of the LHA(R) class, subject to the availability of appropriations; and (2) enter into a multiyear contract for the procurement of the lightweight 155-millimeter howitzer, if determined effective for fleet use.
(Sec. 123) Authorizes the Secretary of the Navy to carry out a pilot program of flexible funding of engineered refueling overhauls and conversions of submarines, through amounts made available for the Navy for procurement and operation and maintenance for FY 2005 through 2012. Outlines program limitations. Requires an efficacy report from such Secretary to the defense and appropriations committees. Terminates the program after September 30, 2012.
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) Authorizes additional Army procurement funds, to be used for the Senior Scout mission bed-down initiative. Offsets such additional funds from Air Force personnel funding.
Subtitle E: Other Matters - (Sec. 141) Directs the Secretary of Defense (Secretary) to report to the defense and appropriations committees on options for the acquisition of precision-guided munitions.
(Sec. 142) 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.
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 science and technology projects.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Authorizes the Secretary of the Navy to use specified Navy RDT&E funds for the second destroyer in the DD(X) class destroyer program, including for detail design.
(Sec. 212) Limits the obligation or expenditure of funds available to the Department of Defense (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. 213) 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. 214) Directs the Secretary to establish and require an executive committee to provide guidance and recommendations for the management of the Joint Unmanned Combat Air Systems program to the Director of the Defense Advanced Research Projects Agency and Agency personnel managing the program.
(Sec. 215) Directs the Secretary to: (1) require the Defense Science Board to conduct a study on the Joint Strike Fighter aircraft program; and (2) report study results to the defense and appropriations committees.
(Sec. 216) Directs the Secretary to plan, program, and budget for all joint experimentation of the Armed Forces as a separate, dedicated program element under defense-wide RDT&E activities.
(Sec. 217) Increases (with corresponding offsets) the amounts authorized for: (1) Navy RDT&E, to be used for Navy infrastructure system security engineering development; (2) defense-wide RDT&E, to be used for neurotoxin mitigation research; (3) defense-wide RDT&E, to be used for spiral development of joint threat warning system maritime variants; (4) Air Force RDT&E, to be used for development and testing of the Advanced Ferrite Antenna; (5) Navy RDT&E, to be used for design, development, and testing of a prototype littoral array system for operating submarines; and (6) defense-wide RDT&E, to be used for advanced manufacturing technologies and radiation casualty research.
Subtitle C: Ballistic Missile Defense - (Sec. 231) Allows funds authorized for the Missile Defense Agency (MDA) under this title to be used for the development and fielding of an initial set of ballistic missile defense (BMD) capabilities.
(Sec. 232) Directs the Secretary, with respect to the acquisition of the Patriot Advanced Capability-3 missile system and Medium Extended Air defense system, to require the Secretary of the Army to obtain the approval of the MDA Director before the Secretary of the Army: (1) either changes system level technical specifications or establishes new specifications; (2) makes any significant change in a procurement quantity; or (3) changes the baseline development schedule in effect for either program.
(Sec. 233) Directs the Comptroller General (CG) to: (1) conduct an assessment, at the conclusion of each of 2004 through 2009, 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) Director of the Missile Defense Agency (MDA) to establish cost, schedule, and performance baselines for each block configuration of the BMD system being fielded, and to include such information in required reports to Congress; and (4) MDA Director to include in such report 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 the Senate: (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; (4) drug interdiction and counter-drug activities; and (5) the Defense Inspector General.
(Sec. 304) Increases (with a corresponding offset) defense-wide O&M funds, to be used for the DOD one-source counseling and referral hotline.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 311) Earmarks specified defense-wide O&M funds for: (1) the Commander's Emergency Response Program for enabling U.S. military commanders in Iraq to respond to urgent humanitarian and reconstruction needs for the people of Iraq; and (2) a similar program in Afghanistan.
(Sec. 312) 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. 313) Increases (with a corresponding offset) Army O&M funds, to be used for the family readiness program of the National Guard.
Subtitle C: Environmental Provisions - (Sec. 321) Authorizes the Secretary to enter into agreements with owners of former defense property for the payment of certain cleanup costs in connection with the defense environmental restoration program. Makes the base closure account under the applicable base closure law the sole source of funds for environmental restoration at certain base realignment and closure sites.
(Sec. 322) Authorizes the Secretary to transfer specified DOD O&M funds to a named account as reimbursement to the Environmental Protection Agency for certain environmental cleanup costs in connection with the Moses Lake Wellfield Superfund Site, Washington.
(Sec. 323) Deems the Defense Inspector General in compliance with certain requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 if the Inspector General conducts periodic audits of payments, obligations, reimbursements, and other uses from the Hazardous Substance Superfund.
(Sec. 324) 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. 325) Amends the Water Resources Development Act of 1999 to increase the amount authorized for an environmental remediation project in Front Royal, Virginia.
(Sec. 326) Directs the CG to study, and report to Congress on, whether cost-effective technologies are available for the cleanup of groundwater contamination at DOD installations in lieu of traditional methods such as pump-and-treat.
(Sec. 327) Expresses the sense of the Senate that DOD should: (1) work to develop a national plan to remediate perchlorate contamination of the environment 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.
(Sec. 328) Increases (with a corresponding offset) defense health program O&M funds, to be used for purposes relating to Leishmaniasis Diagnostics Laboratory.
(Sec. 329) 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.
Subtitle D: Depot-Level Maintenance and Repair - (Sec. 331) Revises the dates and content of annual DOD reporting requirements concerning funds expended for depot-level maintenance and repair workloads.
(Sec. 332) Repeals the requirement for an annual report on the management of depot-level employees.
(Sec. 333) 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.
Subtitle E: Extension of Program Authorities - (Sec. 341) Amends the National Defense Authorization Act (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 2006 a demonstration program for the support of Army manufacturing arsenals.
(Sec. 343) Amends the NDAA for Fiscal Year 1998 to extend through FY 2006 a pilot program of using commercial services to improve the collection of DOD claims under aircraft engine warranties.
Subtitle F: Defense Dependents Education - (Sec. 351) 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. 352) Earmarks specified DOD O&M funds for impact aid assistance for children with severe disabilities, as authorized under the Spence Act.
(Sec. 353) Expresses the sense of the Senate that DOD should support the construction of schools in housing privatization agreements that severely impact student populations.
Subtitle G: Other Matters - (Sec. 361) 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.
(Sec. 362) Amends the Bob Stump National Defense Authorization 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 reporting requirements.
(Sec. 363) Authorizes the Secretary to carry out a pilot program for the purchase of certain municipal services needed for a DOD installation from a county or municipality where the installation is located. Authorizes the Secretary of each military department (Secretary concerned) to designate up to two installations for participation in the pilot program. Requires a pilot program report from the Secretary to Congress.
(Sec. 364) Authorizes a working-capital funded Army industrial facility 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. Outlines: (1) conditions under which an activity may be carried out as a public-private partnership at an Army industrial facility; and (2) partnership requirements and conditions.
(Sec. 365) 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. 366) Expresses the sense of Congress that the DOD policy regarding no media coverage of the transfer of the remains of deceased members of the Armed Forces appropriately protects the privacy of the members' families and friends and is consistent with U.S. constitutional guarantees of freedom of speech and freedom of the press.
(Sec. 367) Expresses as the sense of the Senate to: (1) honor the sacrifices of members of the Armed Forces who have been killed or critically wounded while serving the United States; (2) recognize heroic efforts of military medical personnel in treating wounded personnel and civilians; and (3) support advanced medical technologies that assist military medical personnel in saving lives and reducing disability rates for members of the Armed Forces. 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 a copy of such policy to the defense committees. Increases (with a corresponding offset) defense-wide RDT&E funds, to be used for medical equipment and combat casualty care technologies.
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) Authorizes the Secretary, during FY 2005 through 2009, to increase as necessary by up to 30,000 the end strength authorized for the Army to support the Army's operational mission in Iraq and Afghanistan and to achieve Army transformational reorganization objectives. Requires a fiscal year's budget to be amended to reflect any such increase.
(Sec. 403) 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 the 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 National Guard.
(Sec. 415) Increases the authorized end strengths for Marine Corps Reserve officers in active status in the grades of first and second lieutenant, captain, major, and lieutenant colonel.
Subtitle C: Authorization 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: Joint Officer Personnel Management - (Sec. 501) Authorizes an exception to the one-year joint duty requirement prior to promotion to the grade of brigadier general or rear admiral (lower half) in the case of an officer whose proposed selection for promotion is based primarily upon career field specialty qualifications (currently, scientific and technical qualifications).
(Sec. 502) Allows an officer to be designated with a joint specialty designation after completing two full tours of duty in joint duty assignments. (Currently, the only authority for such designation is serving one full tour of duty in a joint duty assignment and completing an appropriate education program at a joint professional military education school.) Directs the Secretary to ensure that the general and flag officer positions required to be filled by officers with the joint specialty as joint duty assignments are designated as such.
(Sec. 503) Revises generally promotion policy objectives for joint officers. Requires the Secretary to prescribe policies to ensure that the Secretaries concerned provide for promotion selection boards to give appropriate consideration to officers who are serving or have served in joint duty assignments and are eligible for consideration.
(Sec. 504) Provides various duty scenarios under which an officer shall be credited with having completed a full tour of duty in a joint duty assignment. Authorizes the Secretary to waive any such requirement in the case of a particular officer for national security reasons.
(Sec. 505) Repeals the three-month minimum duration of the principal course of instruction offered at the Joint Forces Staff College.
Subtitle B: Other Officer Personnel Policy - (Sec. 511) 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 their 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 restructure (force shape) 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.
(Sec. 512) Repeals the requirement that Deputy and Assistant Chiefs of Naval Operations be selected from officers in the line of the Navy.
(Sec. 513) Extends through 2005 (currently, 2004) the authority to waive the requirement that reserve chiefs have significant joint duty experience.
(Sec. 514) 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 major general or rear admiral (upper half) (to wear the insignia of such higher grade prior to the actual promotion date).
(Sec. 515) Directs the Secretary to study, and report to Congress on, whether it would be equitable for retired warrant officers on active duty, but not on the active-duty list, to be eligible for consideration for promotion.
Subtitle C: Reserve Component Personnel Policy - (Sec. 521) 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.)
Subtitle D: Education and Training - (Sec. 531) Amends the NDAA for Fiscal Year 2000 to extend through 2005 (currently, FY 2004) the Army College First (delayed entry) pilot program.
(Sec. 532) 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.
(Sec. 533) Excludes from the denial of certain Federal funds to a college or university for preventing ROTC access any funds provided to a college, university, or individual solely for student financial assistance, related administrative costs, or costs associated with attendance.
(Sec. 534) 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. 535) Repeals the requirement that an officer serving as Superintendent of the Air Force Academy must retire upon completion of such service.
Subtitle E: Decorations, Awards, and Commendations - (Sec. 541) 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. 542) Directs the President to establish separate campaign medals to recognize service by U.S. military personnel in Operations Enduring Freedom and Iraqi Freedom.
(Sec. 543) 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.
Subtitle F: Military Justice - (Sec. 551) Amends the Uniform Code of Military Justice (UCMJ) to reduce from 0.10 to 0.08 grams of alcohol per 100 milliliters the blood alcohol content limit for the offense of drunken or reckless operation of a vehicle, aircraft, or vessel.
(Sec. 552) 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 or the conviction is set aside or dismissed.
(Sec. 553) 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 based on the recommendations of the Department of Defense Task Force on Care for Victims of Sexual Assaults; (2) submit to Congress a proposal for appropriate 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 department Secretaries to prescribe or modify regulations on such policies in order to conform to the policy established by the Secretary. Directs each Secretary annually to: (1) assess the implementation of such policies and procedures; and (2) report to the Secretary on the sexual assaults involving members of that department during the preceding year. Requires the Secretary to transmit each such report to the defense committees.
Subtitle G: Scope of Duties of Ready Reserve Personnel in Inactive Duty Status - (Sec. 561) Redesignates the "inactive-duty training" status applicable to members of the reserves as "inactive duty," thereby encompassing operational and other duties performed by the reserves while in inactive duty status.
(Sec. 562) Repeals provisions which provide a separate duty status for military funeral honors duty.
Subtitle H: Other Matters - (Sec. 571) Authorizes the Secretary concerned to: (1) waive initial service obligation requirements for a person who is accessed into an armed force based on unique skills acquired in a civilian occupation and is to serve in a specialty requiring those skills; and (2) require any alternative period of obligated service to meet the needs of that armed force.
Authorizes a period of basic training shorter than 12 weeks for members who have: (1) been credentialed in a medical profession or occupation and are serving in a health-care occupational specialty; or (2) unique skills acquired in a civilian occupation and are to serve in a military specialty or position requiring those skills.
(Sec. 572) Amends the Uniformed and Overseas Citizens Absentee Voting Act to: (1) include absent military voters; and (2) include absent military voters in write-in ballot requirements and restrictions.
(Sec. 573) Renames the National Guard Challenge Program as the National Guard Youth Challenge Program. Increases, for each of FY 2005 through 2007, the maximum authorized Federal share of State costs under such Program.
(Sec. 574) Authorizes the Secretary concerned to permit a representative of a veterans service organization to appear at and participate in any preseparation counseling provided to a member of the Armed Forces. Allows a unit of a reserve component in which a member has been released from active duty for further service in such reserve component to meet with a veterans service organization for information and assistance relating to such release, if the commander of the unit authorizes the meeting.
(Sec. 575) Expresses the sense of the Senate 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.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Provides that, in the case of a member who is reassigned for a permanent change of station or assignment for a period of up to one year in order to participate in professional military education or training classes, the amount of basic allowance for housing for such member may be based on average housing costs in the area of either the new or old duty station, as determined most equitable by the Secretary concerned.
(Sec. 602) Authorizes the Secretary concerned to provide an immediate lump-sum reimbursement for unusual nonrecurring expenses incurred by a member for duty outside the continental United States.
(Sec. 603) Makes permanent (currently, ends December 31, 2004) the monthly family separation allowance.
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) Reduces from four to three years the duty obligation for nurses receiving the nurse accession bonus.
(Sec. 616) 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. 617) Makes permanent (currently, ends December 31, 2004) the monthly hostile fire and imminent danger special pay.
(Sec. 618) Makes enlisted personnel eligible to receive a critical skills retention bonus while serving on an indefinite reenlistment of at least one year.
(Sec. 620) 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 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 such Secretary).
(Sec. 621) Prohibits the Secretary concerned, in determining a member's eligibility for supplemental subsistence allowance for low-income members with dependents, from taking into consideration 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. Directs the Secretary to report to specified congressional committees on the accessibility of social services to members of the Armed Forces and their families.
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) 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 determination.
(Sec. 642) Finds that the study of Federal death benefits for survivors of deceased members of the Armed Forces, required under the NDAA for Fiscal Year 2004, has convinced Congress to initiate action to provide for the enhancement of such death benefits. Requires the Secretary to expedite completion of the final report under such study. Expresses the sense of Congress that the President should promptly submit to Congress any recommendation for legislation necessary to implement the death benefits enhancements that are included in such final report. Requires an interim increase in the death gratuity benefit by the same percentage as the annual increase in military basic pay. Directs the President, at the same time as the budget submission for FY 2006, to submit to the congressional defense and veterans' committees drafts of legislation to provide enhanced death benefits for survivors of deceased members of the Armed Forces, requiring the inclusion in such drafts 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.
(Sec. 643) Repeals the current phase-in (lasting until December 31, 2004) on 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. 644) Provides a phased increase in the amount of Survivor Benefit Plan (SBP) annuity available for military surviving spouses over age 62 from the current 35 percent of the base annuity to up to 55 percent of such base amount for months beginning after September 2014. Requires: (1) a corresponding phased elimination of the SBP supplemental annuity; and (2) the recomputation of current annuities to incorporate such changes.
(Sec. 645) Allows an eligible retired or former member to elect to participate in the SBP and the 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 the Supplemental SBP, but not at the maximum amount, to increase such 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 additional coverage under this section.
Subtitle E: Other Matters - (Sec. 651) Increases from two to three years the maximum period of educational leave for certain active-duty personnel in the case of a member pursuing a program of education in a health care profession.
(Sec. 652) Makes members eligible for the reimbursement of expenses incurred for adoption placements made by foreign governments.
(Sec. 653) Authorizes the Secretary to accept the donation of frequent traveler miles, credits, and tickets for air or surface transportation to facilitate the travel of: (1) a member of the Armed Forces who is deployed on active duty away from his or her permanent duty station and granted leave during such deployment; or (2) family members of a member recovering from injury or illness incurred or aggravated in the line of duty during such a deployment, in order to be reunited with such member. Authorizes the Secretary, under (2) above, to allow a person other than a family member to use such miles, credits, or tickets for such travel if the person has a notably close relationship with the member. Prohibits any recognition as income when such members, family members, or other persons utilize such benefit.
(Sec. 654) Authorizes the Secretary, in any case where the children of a covered member are geographically dispersed and have no practical access to military child care, to provide funds to permit such member's family to secure private child care access that is similar in scope and quality to military child care.
(Sec. 655) 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 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.
Title VII: Health Care - Subtitle A: Enhanced Benefits for Reserves - (Sec. 701) Directs the Secretary to carry out a demonstration program for providing benefits under the TRICARE program (a DOD managed health care program) to members of the Ready Reserve who are: (1) eligible unemployment compensation recipients; (2) in a period of continuous unemployment from the end of their last month as eligible unemployment compensation recipients; or (3) ineligible for coverage by employer-sponsored health benefits plans.
(Sec. 702) 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. 703) Authorizes the waiver of deductible payments for dependents of members of the reserves on active duty pursuant to a call or order to active duty of more than 30 days (currently, less than one year).
(Sec. 704) Provides protection from balance billing (the billing of full physician charges) for dependents of reserve personnel serving on active duty for more than 30 days.
(Sec. 705) 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.
(Sec. 706) Revises provisions concerning TRICARE eligibility requirements for members of the Ready Reserve to remove the requirement that such members be: (1) eligible unemployment compensation recipients; or (2) ineligible for employer-sponsored health benefits. Allows such eligibility for all Ready Reserve members except those enrolled in a Federal health benefits plan.
(Sec. 707) Provides for the temporary continuation of non-TRICARE health benefits plan coverage for dependents of certain reservists serving under a call or order to active duty during a war or national emergency. Provides the same continuation with respect to COBRA coverage. Allows a member to revoke the election for such coverage continuation.
Subtitle B: Other Matters - (Sec. 711) Repeals the required payment of subsistence charges while hospitalized in a military medical facility in the case of certain officers, former officers, and enlisted personnel.
(Sec. 712) 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. 713) 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. 714) Amends the NDAA for Fiscal Year 1995 to include marriage and family therapists under the DOD authority to enter into personal services contracts.
(Sec. 715) 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 a committee report to the Secretary. Terminates such committee 90 days after the report.
(Sec. 716) Revises the grounds for the 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. 717) 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. Provides an exception when the injury, illness, or disease is the result of gross negligence or misconduct.
(Sec. 718) 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. 719) Authorizes the Secretary 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 the 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. 720) Directs the Secretary to establish the Vaccine Healthcare Centers Network to improve the safety and quality of vaccine administration for members of the Armed Forces, as well as the access to vaccine follow-up services, and to undertake clinical vaccine research. Outlines authorized Network activities. Expresses the sense of the Senate: (1) recognizing the important work being done by military vaccine centers; and (2) that each military department is strongly encouraged to fund the Network.
(Sec. 721) Authorizes the use of DOD funds for abortions when the pregnancy is the result of an act of rape or incest.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Makes the acquisition executive of each military department responsible for all aspects, including policies and related issues, with respect to the acquisition of information technology equipment integral to a weapon or weapon system. Directs the Secretary to establish a board of senior acquisition officials to develop policy and provide oversight with respect to such acquisitions.
(Sec. 802) Requires software-related program costs to be included in currently-required quarterly unit cost reports for major defense acquisition programs.
(Sec. 803) Prohibits any DOD official from ordering or purchasing property or services in an amount in excess of $100,000 through any particular GSA Client Support Center until the DOD Inspector General has: (1) reviewed the policies, procedures, and internal controls of such Center; and (2) certified their adequacy to the Secretary and the Administrator of General Services.
(Sec. 804) Directs the Secretary to: (1) review alternative 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. 805) Amends the NDAA for Fiscal Year 2004 to require an advisory panel established under such Act, in making recommendations for the modification of Federal laws, regulations, or policies, to: (1) consider the recommendations' effects on small businesses; and (2) include recommendation modifications which will enhance and ensure competition in contracting that affords small businesses a meaningful opportunity to participate in Federal contracts. Revises and extends related reporting requirements.
Subtitle B: General Contracting Authorities, Procedures, and Limitations, and Other Matters - (Sec. 811) Increases from: (1) $50 million to $75 million the threshold prior to required 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 prior to the required provision by defense contractors of certain subcontractor information.
(Sec. 812) Extends for up to eight (currently, five) years the authorized period for DOD multiyear task and delivery order contracts. Requires an annual report from the Secretary to Congress, after the end of FY 2005 through 2009, on any contracts that were so extended.
(Sec. 813) 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.
(Sec. 814) Prohibits the 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. 815) Prohibits the head of an agency from procuring goods or services through a contract entered into by an agency outside of DOD if the amount charged includes a service charge in excess of one percent of the contract amount. Allows a waiver in the national security interest. Makes this section inapplicable to: (1) procurement contracts for certain services, including printing, binding, or blank-book work, and services under programs of the Library of Congress Fiscal Operations Improvement Act of 2000; (2) the Coast Guard when not operating as a service in the Navy; and (3) the National Aeronautics and Space Administration.
(Sec. 816) Expresses the sense of the Senate: (1) that, in the administration of the requirement for reservation of contracts for small businesses, the maximum amount of the applicable contract range (total value) should be increased by the same amount as any increase in the simplified acquisition threshold; and (2) encouraging the placement with small businesses of a fair portion of Federal purchase card or credit card purchases.
Subtitle C: Extensions of Temporary Program Authorities - (Sec. 821) Extends through FY 2009 the DOD contract goal for small disadvantaged businesses and certain institutions of higher education.
(Sec. 822) Amends the NDAA for Fiscal Year: (1) 1991 to extend through FY 2013 the mentor-protege program; (2) 1990 and 1991 to extend through FY 2010 a test program for the negotiation of comprehensive small business subcontracting plans; and (3) 1998 to extend through FY 2009 a pilot program on the sale of manufactured articles and services of certain Army industrial facilities.
Subtitle D: Industrial Base Matters - (Sec. 831) Establishes the Commission on the Future of the National Technology and Industrial Base to: (1) study and assess the future of the national technology and industrial base in attaining national security objectives; and (2) report to the President and Congress on its activities.
(Sec. 832) Authorizes the Secretary to waive the application of any domestic source or content requirement, and thereby authorize the procurement of, items grown, reprocessed, reused, produced, or manufactured: (1) in a foreign country that has a Declaration of Principles (a cooperative relationship concerning defense equipment procurement) with the United States; or (2) in the United States from materials grown, reprocessed, reused, produced, or manufactured in either the United States or any foreign country that has such a Declaration of Principles.
(Sec. 833) States that no provision or amendment under this Act shall apply to a DOD procurement to the extent that the Secretary determines it to be inconsistent with U.S. obligations under a trade agreement.
(Sec. 834) Amends the NDAA for Fiscal Year 2004 to repeal defense industrial base requirements concerning essential item identification and domestic production capabilities improvement.
Subtitle E: Defense Acquisition and Support Workforce - (Sec. 841) Prohibits the defense acquisition and support workforce from being reduced during FY 2005 through 2007 below its level as of September 30, 2003, except as necessary to strengthen such workforce in higher priority positions. Requires phased increases in such workforce during such fiscal years. Requires the Secretary to: (1) develop a human resources strategic plan for such workforce that includes objectives and actions to improve workforce management; and (2) report to Congress on plan implementation.
(Sec. 842) Removes the requirement that only employees within GS-13 or above may be selected to a position in the Acquisition Corps of a military department (but still requires such employees to have been paid at a rate that exceeds the minimum rate of basic pay for such grade). Revises in the same manner, but with respect to the GS-14 level, the selection for defense critical acquisition positions. Outlines requirements for a current scholarship program which qualifies personnel for DOD acquisition positions, including a written scholarship agreement and repayment for failure to fulfill agreement terms.
Subtitle F: Public-Private Competitions - (Sec. 851) Prohibits a DOD function performed by ten or more civilian employees from being converted to performance by a contractor unless the conversion is based on the results of a public-private competition that: (1) formally compares costs; (2) creates a most efficient organization plan in accordance with Office of Management and Budget (OMB) Circular A-76; (3) requires continued performance by the civilian DOD employees unless there would be cost savings in contractor performance of at least ten percent or $10 million, whichever is less; and (4) ensures that the public sector bid is not reduced by a failure to offer an employer-sponsored health plan to the contract workers. Prohibits functions currently performed by at least ten civilian DOD employees from being separated in order to circumvent such requirements. Authorizes the Secretary to waive such requirements for national security purposes. Makes such requirements inapplicable with respect to the pilot program for best source selection for performance of information technology services as authorized under the NDAA for Fiscal Year 2004.
(Sec. 852) Directs the Secretary to: (1) prescribe guidelines and procedures for ensuring that consideration is given to using Federal employees on a regular basis for work performed under DOD contracts; and (2) include the use of flexible hiring authority available through the National Security Personnel System to facilitate such Federal employee performance. Requires a report from the DOD Inspector General to the defense committees on the Secretary's compliance with such requirements.
(Sec. 853) 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 G: Other Matters - (Sec. 861) 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. 862) Authorizes the Secretary of the Army to carry out a demonstration program on the use of reserve personnel to perform test, evaluation, and related activities for an acquisition program. Limits to $10 million per fiscal year the authorized costs under such program.
(Sec. 863) Allows members of the National Guard performing certain additional duties in a State to receive financial assistance when such duties were contracted for under other-than-competitive procedures.
(Sec. 864) Directs the Secretary to submit to the defense, appropriations, and intelligence committees a plan for the management and oversight of contractor security personnel by Government personnel in areas where the Armed Forces are engaged in military operations. Requires the plan to include assessed options for enhancing contractor security and reducing contractor security costs in Iraq or in future locations of armed conflict.
(Sec. 865) Requires a report from the Secretary to the defense, appropriations, and intelligence committees on the procurement of services, by an agency of the U.S. Government or by the Coalition Provisional Authority, for the performance of security, intelligence, law enforcement, and criminal justice functions in Iraq.
(Sec. 866) Directs the Secretary to: (1) study available commercial processes for measuring the quality of information technology and related services through assessment of their production methods; and (2) determine the cost benefits of such a process in DOD procurements of information technology and related services.
(Sec. 867) 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) appropriate military or civilian DOD personnel are to supervise contractor performance and perform all inherently governmental functions under the contract; and (3) the contractor does not have an organizational conflict of interest in the performance of contract functions.
(Sec. 868) 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 facility.
(Sec. 869) Directs the Secretary to exercise existing statutory authority to introduce life-cycle cost-effective upgrades to Federal assets through shared energy savings contracting, demand management programs, and utility incentive programs.
(Sec. 870) Authorizes the Secretary to make available to United Services Organization (USO) access to General Services Administration supplies and services through the Federal Supply Schedule.
(Sec. 871) Directs the Secretary to ensure that the Secretary of the Air Force does not proceed with the acquisition of Air Force aerial refueling aircraft by lease or other contract until 60 days after the Secretary has: (1) reviewed all documentation for the acquisition; and (2) certified to the defense and appropriations committees that the acquisition is in compliance with all currently applicable laws, OMB circulars, and regulations. Requires the Comptroller General (CG) and Inspector General to review such documentation and report to such committees their opinions on such compliance. Makes the acquisition of Air Force refueling aircraft beyond low-rate initial production subject to such requirements. Directs the Secretary of the Air Force, with respect to the selection of a provider of integrated support for such aircraft, to analyze the cost and benefits of using Federal versus contractor employees for such support. Requires the manufacturer to provide, with respect to commercial items covered by a lease or contract, appropriate information on the prices at which the same or similar items have previously been sold.
Title IX: Department of Defense Organization and Management - Subtitle A: Reserve Components - (Sec. 902) 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. Directs the Secretary to appoint a board to: (1) conduct a review of reserve components; and (2) report to the Secretary on review results. Requires the Secretary to transmit such report to the defense committees, together with comments and recommendations.
(Sec. 903) Provides that when there is a vacancy in the position of the Chief of the National Guard Bureau, or the Chief is unable to perform such duties, the most senior officer among the Army and Air National Guard performing in the National Guard Bureau shall assume such position.
(Sec. 904) Redesignates the Vice Chief of the National Guard Bureau as the Director of the Joint Staff of the National Guard Bureau.
(Sec. 905) Authorizes the Secretary of the Navy, with the approval of the President, to redesignate the Naval Reserve as the Navy Reserve.
(Sec. 906) Authorizes the governor of a State, upon request by the head of a Federal agency and with the concurrence of the Secretary, to order any personnel of that State's National Guard to perform full-time National Guard duty in carrying out homeland security activities. Limits such duty to 180 days. Outlines requirements to ensure that the carrying out of such activities does not degrade the training and readiness of such units and personnel. Requires the Secretary to provide funds to such governors for the cost of performance of such activities, and to enter into a memorandum of agreement with each governor and the head of each Federal agency to which such personnel are to provide such support. Excludes National Guard personnel performing such functions from annual reserve end strength limits. Directs the Secretary to report annually to Congress regarding any assistance provided and activities carried out under such authority.
Subtitle B: Other Matters - (Sec. 911) Directs the Secretary to: (1) carry out a study of the roles and authorities of the Director of Defense Research and Engineering; and (2) report study results to the defense and appropriations committees.
(Sec. 912) Redesignates each of the: (1) Directors of Small and Disadvantaged Business Utilization of DOD and the military departments as the Director of Small Business Programs; and (2) Offices of Small and Disadvantaged Business Utilization within DOD and the military departments as the Office of Small Business Programs.
(Sec. 913) Redesignates the position of Superintendent of the Naval Postgraduate School as the President of the Naval Postgraduate School.
(Sec. 914) Establishes in the Uniformed Services University of the Health Sciences the United States Military Cancer Institute to carry out research studies on: (1) the epidemiological features of cancer among populations of various ethnic origins, as well as complementary research on oncologic nursing; (2) the prevention and early detection of cancer; and (3) basic, translational, and clinical investigation matters relating to such studies. Requires: (1) the Institute to carry out such research in collaboration with other cancer research organizations and entities selected by the Institute; (2) the Institute Director to report annually to the University President on the results of such studies; and (3) the University President to transmit such reports to the Secretary and Congress.
(Sec. 915) Adds to the duties of the Judge Advocate General (JAG) of each of the Army, Navy and Air Force to direct and supervise: (1) any civilian employees employed by that military department in the performance of their duties; and (2) the performance of legal duties required under the UCMJ. Requires the appointment by the President of an Assistant JAG for the Army, to serve for four years, but with presidential authority to terminate or extend such appointment at any time. Excludes any serving JAG from annual limits on general and flag officers for that military department.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $3 billion of amounts made available to DOD in this Act between any authorizations for that fiscal year. 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 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) Reduces by $1.67 billion the total amounts authorized to be appropriated under titles I through III of this Act, as a result of savings resulting from lower-than-expected inflation.
(Sec. 1004) Directs the Secretary to develop, by the end of FY 2005, a defense business enterprise architecture and transition plan covering all defense business systems of DOD as well as the functions and activities supported by such systems. Outlines architecture and plan elements. Prohibits, after the end of FY 2005, any U.S. officer or employee from obligating or expending an amount in excess of $1 million for a defense business system modernization unless the Secretary or other delegated official has determined that such modernization is: (1) consistent with the newly-developed architecture and plan; or (2) necessary for national security reasons or to prevent a significant adverse effect on a project needed to achieve an essential capability. Provides an order of priority for the Secretary in delegating authority for the planning, design, acquisition, development, deployment, operation, maintenance, modernization, and oversight of defense business systems. Directs the Secretary to require each such official to establish, with respect to their delegated authority, an investment review process with respect to the covered business system. Requires the Secretary, for each defense budget submitted for fiscal years after 2005, to include a defense business systems budget exhibit. Directs the Secretary to: (1) establish a Defense Business Systems Management Executive Committee to provide advice and recommendations in implementing defense business systems modernizations; and (2) report annually to the defense and appropriations committees, for each of 2005 through 2009, on the implementation of this section. Requires the CG to review the architecture and transition plan developed by the Secretary, and report review results to such committees.
(Sec. 1005) Applies the DOD authority for uniform funding and management of morale, welfare, and recreation programs to 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. 1006) Authorizes supplemental appropriations of $25 billion for DOD for FY 2005, to be available only for activities in support of operations in Iraq and Afghanistan. Allocates such funds among specified military department and defense-wide accounts. Allows such authorization only to the extent that a budget request is transmitted from the President to Congress that includes a designation of the requested amount as an emergency and essential to support activities in such countries. Provides certain transfer authority limits. Directs the Secretary to report monthly to the defense and appropriations committees on the use of such authorized funds.
Subtitle B: Naval Vessels and Shipyards - (Sec. 1011) 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. 1012) 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.
(Sec. 1013) Authorizes the Secretary of the Navy to use net cost as a criterion in the selection for award of a contract for the dismantling of one or more ships stricken from the Naval Vessel Register. Allows the award contractor to retain the proceeds from the sale of scrap and reusable items recovered from the dismantled vessel.
(Sec. 1014) Authorizes the Secretary of the Navy to transfer: (1) on a grant basis the destroyer O'BANNON to the Government of Chile, and the guided missile frigates GEORGE PHILIP and USS SIDES to the Government of Portugal; and (2) on a sale basis the dock landing ship ANCHORAGE to the Taipei Economic and Cultural Representative Office in the United States, and the destroyer FLETCHER to the Government of Chile. 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 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 transfer authority two years after enactment of this Act.
Subtitle C: Reports - (Sec. 1021) Directs the Secretary to report to the defense and appropriations committees on contractor security in Iraq.
(Sec. 1023) Directs the Secretary to carry out a study of 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. 1024) 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. 1025) Directs the Secretary to report to Congress assessing the availability of potential BMD test ranges for overland intercept flight tests against BMD systems of a specified range.
(Sec. 1026) Directs the Secretary to submit to Congress a report 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.
(Sec. 1027) Directs the Secretary to report to the defense and appropriations committees on: (1) the need for one or more national centers of excellence for unmanned aerial and ground vehicles; and (2) the conduct of military operations during the post-major combat operations phase of Operation Iraqi Freedom.
(Sec. 1029) Requires the CG to submit to Congress an analysis of the potential for use of transitional benefit corporations in connection with competitive sourcing of the performance of DOD activities and functions.
(Sec. 1029A) 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. 1029B) Directs the Secretaries of Defense and Labor to jointly: (1) 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; and (2) report study results to Congress.
(Sec. 1029C) Authorizes the Secretary concerned, with respect to preseparation counseling for personnel separating from active-duty service, to provide for counseling participation by representatives of the Department of Veterans Affairs, the Small Business Administration, other appropriate executive agencies, and the Veterans' Business Outreach Centers and Small Business Development Centers.
(Sec. 1029D) 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. 1029E) Directs the President to report to the defense and appropriations committees on the strategy of the U.S. and coalition forces for stabilizing Iraq.
(Sec. 1029F) Directs the Secretary to report to the defense and intelligence committees on the number of persons held by DOD for more than 45 days, and on the facilities in which such persons are held.
Subtitle D: Matters Relating to Space - (Sec. 1031) 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, appropriations, and intelligence committees.
(Sec. 1032) Directs the Secretary to contract with a federally funded research and development center to establish a panel on the future military 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 the panel chairman is designated. Provides panel funding from amounts appropriated under this Act.
(Sec. 1033) Requires the Secretary to ensure that operationally responsible national security payloads of DOD for space satellites 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. Provides funding from DOD RDT&E funds authorized under this Act.
(Sec. 1034) Prohibits land remote sensing information: (1) from being disclosed under the Freedom of Information Act; or (2) provided by the head of a U.S. department or agency to a State or local government from being disclosed to the general public under any State or local law relating to the disclosure of information or records.
(Sec. 1035) Expresses the sense of Congress that the Secretary should provide support for, and continue the development, certification, and deployment of, space launch range safety systems.
Subtitle E: Defense Against Terrorism - (Sec. 1041) Authorizes the commander of a military installation to include within a disaster response agreement entered into with a local public safety agency a clause allowing the commander to accept from such agency for use during a natural or man-made disaster any communications equipment that is useful for communicating during a joint response to a disaster.
(Sec. 1042) 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 existing plans and capabilities of DOD for meeting contingent requirements for transporting emergency response teams to such disasters; and (3) report study results to the defense committees.
(Sec. 1043) Requires the Secretary to submit to the defense and appropriations committees a plan, for implementation by DOD, that sets forth a systematic approach for ensuring the survivability of defense critical systems upon contamination by chemical or biological agents.
Subtitle F: Matters Relating to Other Nations - (Sec. 1051) Authorizes members of the Armed Forces to provide humanitarian assistance for the detection of landmines or explosive remnants of war in a foreign country, including activities relating to the furnishing of education, training, and technical assistance, if the Secretary determines that the provision of such assistance will promote: (1) the security interests of both the United States and the recipient country; and (2) the operational readiness skills of members who provide such assistance. Requires the Secretary of State to specifically approve any such assistance. Allows the use of DOD humanitarian assistance funds for such purpose, with a limit of $5 million per country.
(Sec. 1052) 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, except in self-defense or rescue operations. Requires a report from the Secretary of State to the defense, appropriations, and foreign relations committees on any relationships between terrorist organizations in Colombia and foreign governments or organizations.
(Sec. 1053) Authorizes the Secretary to provide assistance in FY 2005 to Iraq and Afghanistan military or security forces solely to enhance their ability to combat terrorism and support U.S. or coalition military operations in such countries. Limits to $250 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. 1054) Authorizes the Secretary of the Navy to accept the assignment of one or more members of the navy of another member country of NATO to a command of the U.S. Navy for work on the development, standardization, or interoperability of submarine vessel safety and rescue systems and procedures. Terminates such authority after September 30, 2008.
(Sec. 1055) Requires any DOD plan providing compensation to individuals injured in a U.S. military prison in Iraq to include a provision to address the injuries suffered by the 17 U.S. citizens who were held as prisoners of war by the regime of Saddam Hussein during the First Gulf War.
(Sec. 1056) Expresses the sense of Congress that: (1) the President should make the substantial reduction of drug trafficking in Afghanistan a priority in the war on terror; (2) the Secretary should work to a greater extent with the Government of Afghanistan and international organizations involved in counterdrug activities to assist in providing a secure environment for counterdrug personnel in Afghanistan; and (3) since narcotics trafficking tends to support terrorist activities and contribute to the instability of the Afghan Government, additional efforts should be made by U.S. Armed Forces to reduce such trafficking in Afghanistan and neighboring countries. Requires a report from the Secretary to Congress on progress made in reducing poppy cultivation and heroin production capabilities in Afghanistan, and on the extent to which profits made from illegal drug activities in Afghanistan fund terrorist organizations and groups seeking to undermine the Afghan Government.
(Sec. 1057) Prohibits any person in the custody or physical control of the United States from being subject to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of the United States. Directs the Secretary to prescribe rules, regulations, or guidelines necessary to ensure compliance with such prohibition, and to report to the defense and appropriations on such implementation. Requires the Secretary to report semiannually to Congress on circumstances surrounding any investigation of a possible violation of such prohibition by either a member of the Armed Forces or a person providing contractual services to DOD.
(Sec. 1058) Directs the Inspector General to ensure, no later than June 30, 2004, the security of all documents relevant to the UN Oil-for-Food Program that are in possession or control of the Coalition Provisional Authority (CPA). Requires such documents to be delivered to the CG. Directs each Federal agency head and the Administrator of the CPA, upon a request in connection with an investigation of the Program by the relevant congressional committees, to promptly provide access to such information. Directs the Secretary of State to urge the UN Secretary General to provide the United States with copies of all audits and core documents related to such Program. Expresses the sense of Congress that the CG should have full and complete access to UN financial data relating to the Program. Requires the CG to conduct a review of U.S. oversight of the Program.
(Sec. 1059) Expresses the sense of Congress: (1) commending 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; and (2) urging the President to undertake specified activities to further Partnership efforts.
(Sec. 1059A) Amends the Arms Export Control Act to except Australia and the United Kingdom (currently, only Canada) from required bilateral trade agreements with the United States prior to transfers or changes in end use of defense items that remain subject to licensing requirements of such Act. Requires the President, at least 30 days prior to authorizing an exemption from licensing requirements of International Traffic in Arms Regulations with respect to any such country, to certify to the foreign relations and defense committees that it is in the U.S. national security interests and will not adversely affect either the ability to adequately control licensed exports of U.S. defense items or the requirements of the Secretary of State under such Act. Directs the President to: (1) notify such committees of the text of the regulations that authorize such a licensing exemption; and (2) report annually to such committees on issues raised in consultations conducted under the terms of any bilateral agreement entered into with Australia or the United Kingdom, or with exemptions from licensing requirements for such countries. Requires the Secretary of State to notify such committees after receiving any credible information regarding an unauthorized end-use or diversion of U.S. exports made pursuant to any agreement with a country to gain exemption from licensing requirements.
(Sec. 1059B) Amends the Emergency Supplemental Appropriations Act for Defense and Reconstruction of Iraq and Afghanistan, 2004 to redesignate the Inspector General of the CPA as the Special Inspector General for Iraq Reconstruction (SIG). Authorizes the continuation in office of the person currently serving in the redesignated position. 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. Terminates the Office of the SIG ten months after the date on which 80 percent of the amounts appropriated or otherwise obligated to the Iraq Relief and Reconstruction Fund have been obligated (currently, six months after the authorities and duties of the CPA cease to exist).
(Sec. 1059C) Expresses as U.S. policy the humane treatment of prisoners and avoidance of their indefinite detention. Requires from DOD to the appropriate committees: (1) a quarterly report on the number of persons who were denied Prisoner of War status under the Geneva Conventions and the basis for each denial; (2) a report on military missions to be held, and the number of prisoners, at Guantanamo Bay, Cuba; (3) all Red Cross reports received concerning the treatment of prisoners in U.S. custody at Guantanamo Bay, Iraq, and Afghanistan; and (4) a report on all prisoner interrogation techniques approved by U.S. officials. Requires DOD to certify to such committees that all Federal employees and civilian contractors engaged in the handling and/or interrogation of prisoners have fulfilled an annual training requirement on the laws of war and U.S. obligations under international humanitarian law.
Subtitle G: Other Matters - (Sec. 1061) Makes technical amendments to definitions under Federal armed forces provisions.
(Sec. 1062) Extends through 2006 (currently, 2004) the authority of the Secretary to engage in commercial activities as security (cover) for intelligence collection activities abroad.
(Sec. 1063) Provides liability protection for persons voluntarily providing maritime-related services on behalf of the Navy.
(Sec. 1064) Authorizes the Secretary concerned to license trademarks, service marks, certification marks, and collective marks owned or controlled by the Secretary concerned and to expend such fees for trademark and licensing costs.
(Sec. 1065) Amends the NDAA for Fiscal Year 2002 to delay until the November 2006 (currently, 2002) election for Federal office the applicability of an electronic voting demonstration project to be carried out by the Secretary.
(Sec. 1066) Amends the Merchant Marine Act, 1936 to extend through December 31, 2008, the authority of the Secretary of Transportation to purchase war risk insurance and reinsurance for merchant marine vessels. Authorizes such Secretary to request the Secretary of the Treasury to invest excess war risk insurance funds.
(Sec. 1067) Amends the District of Columbia Public Works Act of 1954 to require annual (currently, quarterly) reports from the Secretary of the Treasury to specified congressional committees concerning Federal payments for District water and sewer services.
(Sec. 1068) Makes Federal provisions requiring the salary of Federal officials and employees to be paid only by the United States inapplicable to pay received from civilian employers by members of the reserves while such members are on active duty in connection with a contingency operation.
(Sec. 1069) Protects military personnel from retaliatory actions for communications made through the military chain of command.
(Sec. 1070) Directs the Secretary of State to establish procedures for the expedited consideration (no more than 30 days after receipt) of license applications for the export or transfer of defense items related to missile defense. Requires such Secretary to: (1) examine the feasibility of providing major project authorizations for programs related to missile defense similar to the comprehensive export authorization provided under the International Traffic in Arms Regulations; and (2) report to the foreign relations and defense committees on the expedited consideration procedures and the feasibility of such project authorizations. Directs the Secretary of Defense to: (1) prescribe procedures for the expedited review of licenses for the transfer of defense items related to missile defense; and (2) report to such committees on such procedures and any actions taken.
(Sec. 1071) 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. 1072) Directs the Secretary to reimburse a member for the cost of any protective, safety, or health equipment purchased by the member, or by another on behalf of the member, before or during member deployment in Operations Noble Eagle, Enduring Freedom, or Iraqi Freedom for use in connection with such operation, if the member's unit commander certifies that the equipment was critical to the member's protection, safety, or health. Provides limitations concerning the date of purchase of certain equipment, as well as reimbursement amounts.
(Sec. 1073) 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. 1074) Grants a Federal charter to the Korean War Veterans Association, Incorporated (a nonprofit corporation incorporated under the laws of New York).
(Sec. 1075) Expresses the sense of the Senate that the Internal Revenue Service should provide guidance to promote and insure the validity of voluntary differential pay arrangements, benefits payments, and contributions to retirement savings plans related thereto.
(Sec. 1076) Authorizes the Secretary of Agriculture to purchase ten aircraft for the National Interagency Fire Center for use in aerial firefighting. Authorizes appropriations.
(Sec. 1077) Expresses the sense of the Senate that the mission statement and policies of the American Forces Radio and Television Service appropriately state the goal of maintaining equal opportunity balance with respect to political programming and that the Secretary should ensure that these policies are being fully implemented.
(Sec. 1078) Recognizes the Liberty Memorial Museum in Kansas City, Missouri, as America's National World War I Museum.
(Sec. 1079) 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 such requirements.
(Sec. 1080) Amends the Federal criminal code to: (1) provide extraterritorial jurisdiction for current offenses of major fraud against the United States; and (2) include within military extraterritorial jurisdiction a civilian employee, or contractor employee, of any Federal agency or provisional authority to the extent such employment relates to support of DOD missions overseas.
(Sec. 1083) Amends the NDAA for Fiscal Year 1991 to include for participation in the mentor-protege pilot program under such Act: (1) a small business owned and controlled by service-disabled veterans; and (2) a qualified HUBZone (heavily underutilized business zone) small business.
(Sec. 1084) Broadcast Decency Enforcement Act of 2004 - Amends the Communications Act of 1934 to provide that, if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane language, the amount of the forfeiture penalty shall not exceed $275,000 for each violation or day of a continuing violation, with a limit of $3 million per violation.
Declares invalid and without legal effect the broadcast media ownership rules adopted by the FCC on June 2, 2003.
Directs the FCC, in case of a broadcast violation described above, to take into account various factors with respect to the degree of culpability, including whether: (1) the material was live or recorded, scripted or unscripted; (2) the violator had a reasonable opportunity to review the programming; (3) a time-delay blocking mechanism was implemented; and (4) the violation occurred during a children's program or during children's viewing hours. Allows the FCC, when aggravating factors are present, to double the fine amounts for such violations.
(Sec. 1085) Children's Protection from Violent Programming Act - (Sec. 1086) Directs the FCC to: (1) assess the effectiveness of measures to require television broadcasters and multichannel video programming distributors to rate and encode programming that could be blocked by parents by use of a V-chip; and (2) report its findings to specified congressional committees. Authorizes the FCC, if it finds such measures ineffective, to prohibit the distribution of violent video programming during hours when children are reasonably likely to comprise a substantial portion of the audience.
(Sec. 1087) Makes it unlawful for any person to distribute to the public any violent video programing not blockable by electronic means specifically on the basis of its violent content. Provides for exemptions for: (1) programming (including news programs and sporting events) the distribution of which does not conflict with the objective of protecting children from the negative influences of violent video programming; and (2) premium and pay-per-view direct-to-home satellite programming. Applies to such distribution violations the same penalties provided under the previous section.
(Sec. 1090) 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.
(Sec. 1091) 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; (2) allow payment of contract costs from funds appropriated for water or wastewater treatment; and (3) 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 enactment of this Act.
(Sec. 1092) 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. 1093) Amends the Department of Defense Appropriations Act, 2004 to direct the Secretary, in a report on offset requirements under certain contracts, to consider the extent to which any foreign country imposes offsets in excess of 100 percent on U.S. suppliers of goods or services, and the impact of such offsets on the United States.
Title XI: Department of Defense Civilian Personnel Policy - (Sec. 1101) 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) a plan from the Secretary to the defense committees for expanding and improving such pilot program to improve recruitment and retention to meet DOD requirements for its science and engineering workforce over a short- and long-term basis. 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, above.
(Sec. 1102) Makes personnel eligible for foreign language proficiency pay during any service (currently, only for service 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. Requires the Defense Intelligence Senior Executive Service to be subject to a performance appraisal system certified by the Secretary as making meaningful distinctions based on relative performance.
(Sec. 1104) Authorizes the accrual of Federal annual leave by intelligence senior level employees.
(Sec. 1105) 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. 1106) Directs the Secretary to provide a uniform health benefits program for employees of DOD assigned to a nonappropriated fund instrumentality of the United States. Exempts such program from State and local laws, taxes, and other requirements.
(Sec. 1107) Revises Federal procurement protest provisions to include requirements for bid protests by Federal employees in actions under OMB Circular A-76 (private performance of an activity or function of a Federal agency). Directs the CG to administer actions for protests in cases of public-private competitions conducted under Circular A-76. Allows an appropriate Federal official to intervene in a civil action concerning a public-private competition if a private-sector interested party commences the action.
(Sec. 1108) 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. 1109) 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 Congress.
(Sec. 1110) Reservists Pay Security Act of 2004 - Entitles a person who is absent from his or her position of employment with the Federal Government in order to perform call or order active duty-service for the reserves or National Guard to receive during such duty period an amount that, when added to the pay and allowances for the military service, equals the basic pay which would have been payable for the person's civilian employment for the same period had it not been interrupted by military service. Authorizes appropriations.
Title XII: Cooperative Threat Reduction With States of the Former Soviet Union - (Sec. 1201) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal 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 such purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1203) Amends the NDAA for Fiscal Year 2000 to waive certain limitations on the use of DOD funds for a chemical weapons destruction facility in Russia, provided the President makes a specified certification to Congress with respect to such waiver.
(Sec. 1204) 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 XIII: Medical Readiness Tracking and Health Surveillance - (Sec. 1301) 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.
(Sec. 1302) 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 issue a policy to ensure that individual members and commanders of reserve units fulfill their responsibilities for medical and dental readiness of such members, such policy to include frequent member health assessments and follow-up care. Directs the Secretary to prescribe, for uniform application throughout the military departments, a policy on deferral of medical treatment of members pending deployment.
(Sec. 1303) Directs the Secretary to carry out a program to: (1) collect baseline health data from all persons entering the Armed Forces; (2) provide for the computerized compilation and maintenance of such data; and (3) analyze the data. Outlines interim standards under the current medical tracking system for blood samples necessary for predeployment examination of members.
(Sec. 1304) 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. 1305) 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. 1306) Directs the: (1) Secretary to report to the defense committees on the training in environmental hazards that is provided by the Armed Forces to military medical personnel who are deployable to the field in direct support of combat personnel; and (2) Assistant Secretary of Defense for Health Affairs to report to such committees on DOD responses to concerns expressed by members during post-deployment health assessments about possibilities to exposure to environmental hazards during such deployment.
(Sec. 1307) Directs the Secretary to prescribe a policy that requires commanders of installations at which members are to be processed upon redeployment from an overseas deployment to: (1) identify and analyze the anticipated health care needs of such members before their arrival at that installation; and (2) report such needs to the Secretary.
(Sec. 1308) Requires the Secretary to take necessary actions 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. 1309) 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 of its members.
(Sec. 1310) States that nothing in this title shall be construed to limit the authority of the Secretary to procure the services of private experts for performing any function to comply with requirements for members' readiness tracking and health surveillance.
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 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.
(Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 2004 to increase the amount authorized for a project described under "Various Locations, CONUS."
Title XXIII: Air Force - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under title XXI.
(Sec. 2304) Reduces by $5.5 million the amount authorized for Air Force personnel.
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 to carry out 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 North Atlantic Treaty Organization (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 the thresholds (prior to certain congressional notification requirements) for unspecified minor military construction projects not otherwise authorized by law.
(Sec. 2802) Increases from $5 million to $7.5 million the threshold for facility repairs before prior approval is required from the Secretary concerned.
(Sec. 2803) Provides additional reporting requirements with respect to alternative authority for the acquisition and improvement of military housing.
(Sec. 2804) Outlines contract terms for the lease by the Secretary concerned of housing units for military family or unaccompanied housing. Makes the authority of the Secretary concerned to invest in an entity carrying out projects for the construction or acquisition of such housing subject to the availability of appropriations for such purpose.
Repeals provisions authorizing the Secretary concerned to: (1) enter into housing rental guarantees with lessors; (2) enter into differential lease payment agreements; and (3) assign members to acquired or constructed housing units.
Increases the total budget authority for contracts for the acquisition or construction of military family housing.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Consolidates and reorganizes existing provisions relating to DOD real property transactions and the use of DOD facilities.
(Sec. 2812) Revises definitions and authorities with respect to reserve facilities, including the authority to carry out small projects using O&M funds.
(Sec. 2813) Allows the Secretary to authorize each department Secretary to carry out projects to assess the feasibility and advisability of obtaining new facilities and lands for their respective reserve component through the exchange or sale of existing facilities or lands of such reserves. Outlines authorized transactions and requirements for replacement facilities. Requires the receipt of fair market value in connection with such transactions. Directs the Secretary concerned to use competitive procedures in land exchange transactions. Prohibits the Secretary concerned from entering into such a transaction until 30 days after reporting to the defense and appropriations committees on the transaction agreement. Provides for the deposit of funds received from such transactions. Requires a report from the Secretary to such committees on the exercise of any exchange authority. Terminates such authority after September 30, 2006.
(Sec. 2814) 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.
Subtitle C: Land Conveyances - (Sec. 2821) Authorizes the Secretary of: (1) 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; (2) the Army to convey to the State of Utah a parcel of real property at the Browning Army Reserve Center, Utah, for the construction and operation of a veterans' nursing care facility; (3) Defense to convey to Arlington County, Virginia, a parcel of real property along the western boundary of the Navy Annex property, Virginia, for the construction of a freedmen heritage museum and an Arlington history museum; (4) the Army to convey to the Hampton City School Board, Virginia, the Butler Farm U.S. Army Reserve Center, Virginia, for use for public education purposes; (5) the Army to convey to the State of Washington a portion of the National Guard Facility, Pier 91, Washington, for enabling such State to convey such facility unencumbered for economic development purposes; (6) the Navy to transfer to the Administrator of General Services administrative jurisdiction over the Nebraska Avenue Complex in the District of Columbia, to accommodate the Department of Homeland Security; (7) the Navy to convey to 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 firefighting training; (8) the Navy to convey to the city of Portsmouth, Virginia, the Navy YMCA Building in Portsmouth, for economic revitalization purposes; (9) the Air Force to convey to the Oneida County Industrial Development Agency, New York, a parcel of real property comprising a portion of the former Griffiss Air Force Base, New York, for economic development purposes; (10) the Air Force to convey to 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; (11) Navy to convey to 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; (12) Air Force to convey to 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; (13) Army to convey to an entity selected by the Board of Commissioners of Johnson County, Kansas, the Sunflower Army Ammunition Plant in Kansas, for economic development and revitalization; (14) Navy to convey to 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 (15) Army to convey to the State of Louisiana a portion of the Louisiana Army Ammunition Plant in Doyline, Louisiana, for military training purposes.
(Sec. 2836) 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 there was no named recipient) the property known as the Equipment and Storage Yard on Meeting Street in Charleston.
Subtitle D: Other Matters - (Sec. 2841) Authorizes the Secretary to carry out the Department of Defense Follow-On Laboratory Revitalization Demonstration Program for the revitalization of DOD laboratories. Increases minor construction threshold amounts for any military construction project carried out under the Program. Requires a Program report from the Secretary to the defense and appropriations committees. Terminates the Program on September 30, 2006.
(Sec. 2842) 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. 2843) 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. 2844) 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. 2855) Directs the CG to report to the defense committees assessing the DOD policy with regard to the closure of defense dependent elementary and secondary schools and commissary stores.
Title XXIX: Maritime Administration - (Sec. 2901) Amends the Maritime Security Act of 2003 to require the Secretary of Transportation, in providing financial assistance for the construction of tank vessels to be used for both commercial and, if necessary, national defense purposes, to give priority consideration to a proposal submitted by an applicant who has been 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.
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) Limits NNSA funding to 50 percent of authorized amounts until 30 days after the latter of: (1) the submission of a revised nuclear weapons stockpile plan in connection with the Conference Report on H.R. 2754 of the 108th Congress; or (2) the date on which the Administrator submits to the defense and appropriations committees a report setting forth the validated pit production requirements for the Modern Pit Facility.
(Sec. 3112) Prohibits funds authorized under this title from being obligated or expended for additional or exploratory studies under the Advanced Nuclear Weapons Concepts Initiative until 30 days after the Administrator submits to the defense and appropriations committees a detailed report on activities under the Initiative that are planned for FY 2005.
(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 and appropriations 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 notification 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 which may be regulated by the State pursuant to an approved closure plan or permit.
(Sec. 3117) Directs the Secretary of Energy (Secretary, for purposes of this title only) to contract with the National Research Council of the National Academies to conduct a study of the necessary technologies and research gaps in DOE's program to remove high-level radioactive waste from storage tanks at nuclear facility sites in South Carolina, Washington, and Idaho. Requires the Council to: (1) conduct the study within the one-year period after entering into the contract; and (2) submit its findings and recommendations to the Secretary and relevant congressional committees. Provides funding from environmental management funds authorized under this title.
(Sec. 3118) Amends the Atomic Energy Defense Act to require the Secretary to submit to Congress an annual report on expenditures for nuclear safeguards and security.
(Sec. 3119) Authorizes the Secretary to consolidate the counterintelligence programs and functions of DOE within the Office of Defense Nuclear Counterintelligence of the NNSA. Requires the Secretary, with regard to such consolidation, to ensure that counterintelligence capabilities of DOE and NNSA are in no way degraded or compromised. Requires a report from the Secretary to the defense and appropriations committees on the exercise of such authority.
(Sec. 3120) 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 (South Carolina) site; and (3) the Hanford (Washington) site.
(Sec. 3121) Directs the Secretary 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 in the closure. Requires such an organization to be established at least six months before a site's closure.
(Sec. 3122) 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 such closures. Directs the Secretary to transmit such report to Congress, together with comments and recommendations.
(Sec. 3123) 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.
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 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 such sites. Outlines program elements. Requires an interim and final program report from the Secretary to Congress. Provides funding from DOE nuclear nonproliferation funds.
Subtitle D: Other Matters - (Sec. 3141) Amends the Atomic Energy Act to extend through: (1) 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; and (2) FY 2006 (currently FY 2004) the authority for DOE appointment of certain scientific, engineering, and technical personnel.
(Sec. 3143) Amends the Spence Act to direct the Secretary of Health and Human Services to select physician members under the Energy Employees Occupational Illness Compensation Program based on experience and competency in diagnosing occupational illnesses.
(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) 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.
Subtitle E: Energy Employees Occupational Illness Compensation Program - (Sec. 3151) Amends the Energy Employees Occupational Illness Compensation Program (Program) Act of 2000 (EEOICPA) to cover under such DOE Program individual employees: (1) at an atomic weapons employer facility with respect to which the National Institute for Occupational Safety and Health found a potential for significant residual contamination outside of the period in which weapons-related production occurred; and (2) during a period of significant residual contamination at such facility.
(Sec. 3152) Instructs the Director of the National Institute for Occupational Safety and Health to submit to Congress updated reports regarding residual contamination in such facilities.
(Sec. 3153) Amends EEOICPA to provide for worker compensation benefit payments to contractor employees of DOE who were exposed to toxic substances at DOE facilities. (This new Subtitle D replaces the current provisions for DOE assistance to such employees in State workers compensation proceedings, but allows such workers to elect to seek compensation under the appropriate State system rather than the DOE replacement program.) Requires the Secretary of Labor to make determinations with respect to employee coverage under the DOE Program.
Establishes within the Department of Labor the Office of the Ombudsman to assist individuals in making claims under this Subtitle, provide benefits information, and undertake related activities.
Authorizes appropriations for FY 2005 and thereafter to the Secretary of Labor to carry out this Subtitle.
Expresses the sense of Congress that the Secretary of Energy should: (1) adopt a policy not to oppose any final determination with respect to injured workers at DOE facilities and atomic weapons employer facilities under State adjudication systems unless such determinations are frivolous; and (2) incorporate such policy in all DOE contracts with non-Federal entities. Provides additional funding. Terminates prior enhancements to the DOE Program.
(Sec. 3155) Expresses the sense of the Senate encouraging the Ombudsman to: (1) review the availability of assistance under the DOE Program for energy employees in the western New York and Pennsylvania region; and (2) recommend a location in that region for a resource center to provide assistance to such employees.
(Sec. 3156) Requires congressional review within 60 (currently 180) days of individuals designated by the President for membership within the Special Exposure Cohort.
(Sec. 3157) Includes within the above Cohort certain employees who, during their employment at a facility operated under contract to DOE by Mallinkrodt Incorporated, or by the Mason & Hangar-Silas Company at the Iowa Army Ammunition Plant: (1) were monitored through the use of dosimetry badges for exposure of the external parts of the employee's body to radiation; (2) were monitored through the use of bioassays, in vivo monitoring, or breath samples for exposure to internal radiation; or (3) worked at a job that had exposures comparable to a job that is monitored under DOE standards through the use of dosimetry badges for monitoring external radiation exposures, or bioassays, in vivo monitoring, or breath samples for internal radiation exposures. Authorizes appropriations for FY 2005 and thereafter under the benefits program for members of the Cohort.
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 Secretary of Defense to dispose of up to 50,000 tons of ferromanganese from the National Defense Stockpile (NDS) during FY 2005. Authorizes the disposal of up to 50,000 additional tons before such date after the first disposal is completed. Requires the Secretary, with respect to each disposal, to certify to the defense and appropriations committees that the disposal is: (1) in the national interest; (2) will not cause undue harm to domestic manufacturers of ferroalloys; and (3) consistent with requirements under the Strategic and Critical Materials Stock Piling Act.
(Sec. 3302) Amends the Strom Thurmond NDAA for Fiscal Year 1999 to provide a receipts objective of $870 million by the end of FY 2014 with respect to certain previously-authorized disposals from the NDS.
(Sec. 3303) Prohibits the Secretary from storing mercury from the NDS that is not owned or leased by the United States.
Title XXXIV: Local Law Enforcement Enhancement Act - Local Law Enforcement Enhancement Act of 2004 - (Sec. 3404) Authorizes the Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence under Federal law or a felony under State or Indian tribal law; and (2) is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim or is a violation of the hate crime laws of the State or tribe. Directs the Attorney General to give assistance priority to crimes committed by offenders who have committed crimes in more than one State, and to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses.
Authorizes the Attorney General to award grants to assist State, local, and Indian law enforcement officials with such extraordinary expenses. Directs the Office of Justice Programs to: (1) work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed; and (2) award grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations for the grant programs.
(Sec. 3406) Authorizes appropriations to the Departments of the Treasury and Justice for fiscal years 2005 through 2007 to increase the number of personnel employed to prevent and respond to such crimes.
(Sec. 3407) Amends the Federal criminal code to prohibit specified offenses involving actual or perceived race, color, national origin, gender, sexual orientation, or disability.
(Sec. 3408) Directs the U.S. Sentencing Commission to study and provide sentencing enhancements for adult recruitment of juveniles to commit hate crimes.
(Sec. 3409) Amends the Hate Crimes Statistics Act to require crime data collected and published by the Attorney General to include data about crimes that manifest evidence of prejudice based on gender.
Title XXXV: Assistance to Firefighters - Assistance to Firefighters Act of 2004 - (Sec. 3502) Amends the Federal Fire Prevention and Control Act of 1974 to authorize the Secretary of Homeland Security (currently, the Director of the Federal Emergency Management Agency (FEMA)) to make grants to State fire departments for protecting the health and safety of the public and firefighting personnel against fire and fire-related hazards, and for providing assistance for fire prevention programs. Authorizes grants to: (1) volunteer emergency medical service (EMS) organizations; and (2) obtain automated external defibrillator devices.
(Sec. 3505) Directs the Secretary of Homeland Security to: (1) establish specific criteria for the preliminary review of grant applications; (2) review such criteria at least annually; (3) award grants based on the review of applications by a panel of fire service personnel appointed by a national organization recognized for expertise in the operation and administration of fire services; (4) provide for the administration of the review panel and ensure that an individual appointed to such panel is a recognized expert in firefighting, medical services provided by fire services, fire prevention, or research on firefighter safety; and (5) provide assistance with the preparation of grant applications.
(Sec. 3506) Expands program eligibility.
(Sec. 3508) Reduces limitations regarding matching funds.
(Sec. 3509) Increases the amount a grant recipient may receive. Authorizes a waiver of grant limits based on extraordinary need for assistance for fire suppression. Earmarks funds for volunteer EMS organizations.
(Sec. 3511) Directs: (1) the Secretary of Homeland Security (Secretary) to study and report to Congress on firefighter assistance; (2) CG to report to Congress on the administration of such assistance and on the Secretary's success in administering FEMA; and (3) Secretary to report to Congress any instances of the use of the grant limit waiver authority.
(Sec. 3513) Authorizes appropriations for FY: (1) 2005 through 2010 for the firefighter assistance program; and (2) 2005 for the study on assistance to firefighters.