HR 4200 EH

To authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2005'.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) DIVISIONS- This Act is organized into three divisions as follows:

(1) Division A--Department of Defense Authorizations.

(2) Division B--Military Construction Authorizations.

(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.

(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; findings.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Subtitle B--Program Matters

Sec. 111. Multiyear procurement authority for the light-weight 155-millimeter howitzer program.

Sec. 112. DDG-51 modernization program.

Sec. 113. Repeal of authority for pilot program for flexible funding of cruiser conversions and overhauls.

Sec. 114. Force protection for asymmetric threat environment.

Sec. 115. Allocation of equipment authorized by this title to be made on basis of units deployed or preparing to deploy.

Sec. 116. Multiyear procurement authority for KC-767 tanker aircraft acquisition program.

Sec. 117. Other matters relating to KC-767 tanker aircraft acquisition program.

Sec. 118. Additional amount for patriot missile procurement.

Sec. 119. Transfer of certain Army procurement funds.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for defense science and technology.

Sec. 203. Program increases.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Future Combat Systems program strategy.

Sec. 212. Collaborative program for research and development of vacuum electronics technologies.

Sec. 213. Annual Comptroller General report on Joint Strike Fighter program.

Sec. 214. Amounts for United States Joint Forces Command to be derived only from Defense-wide amounts.

Sec. 215. Space Based Radar.

Sec. 216. Mark-54 Torpedo Product Improvement Program.

Subtitle C--Missile Defense

Sec. 221. Fielding of ballistic missile defense capabilities.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and Maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Other Department of Defense programs.

Sec. 304. Reimbursement of members of the Armed Forces who purchased protective body armor during shortage of defense stocks of body armor.

Sec. 305. Reduction in authorization for Air Force operations and maintenance.

Sec. 306. Elimination of backlog in processing forensic evidence collection kits and acquisition of sufficient stocks of such kits.

Subtitle B--Environmental Provisions

Sec. 311. Report regarding encroachment issues affecting Utah Test and Training Range, Utah.

Subtitle C--Workplace and Depot Issues

Sec. 321. Simplification of annual reporting requirements concerning funds expended for depot maintenance and repair workloads.

Sec. 322. Repeal of annual reporting requirement concerning management of depot employees.

Sec. 323. Public-private competition for work performed by civilian employees of Department of Defense.

Sec. 324. Public-private competition pilot program.

Sec. 325. Sense of Congress on equitable legal standing for civilian employees.

Sec. 326. Competitive sourcing reporting requirement.

Subtitle D--Information Technology

Sec. 331. Preparation of Department of Defense plan for transition to Internet Protocol version 6.

Sec. 332. Defense business enterprise architecture, system accountability, and conditions for obligation of funds for defense business system modernization.

Sec. 333. Establishment of joint program office to improve interoperability of battlefield management command and control systems.

Subtitle E--Readiness Reporting Requirements

Sec. 341. Annual report on Department of Defense operation and financial support for military museums.

Sec. 342. Report on Department of Defense programs for prepositioning of material and equipment.

Subtitle F--Other Matters

Sec. 351. Extension of Arsenal Support Program Initiative.

Sec. 352. Limitation on preparation or implementation of Mid-Range Financial Improvement Plan.

Sec. 353. Procurement of follow-on contracts for the operation of five Champion-class T-5 tank vessels.

Sec. 354. Sense of Congress on America's National World War I Museum.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent active duty end strength minimum levels.

Sec. 403. Maximum number of reserve personnel authorized to be on active duty for operational support.

Sec. 404. Accounting and management of reserve component personnel performing active duty or full-time National Guard duty for operational support.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2005 limitation on number of non-dual status technicians.

Subtitle C--Authorizations of Appropriations

Sec. 421. Military personnel.

Sec. 422. Armed Forces Retirement Home.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--General and Flag Officer Matters

Sec. 501. Length of service for service chiefs.

Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs of Naval Operations be selected from officers in the line of the Navy.

Sec. 503. Increase in age limit for deferral of mandatory retirement for up to 10 senior general and flag officers.

Sec. 504. Increased flexibility for voluntary retirement for military officers.

Sec. 505. Repeal of requirement that no more than 50 percent of active duty general and flag officers be in grades above brigadier general and rear admiral (lower half).

Sec. 506. Revision to terms for assistants to the Chairman of the Joint Chiefs of Staff for National Guard and Reserve matters.

Sec. 507. Succession for position of Chief, National Guard Bureau.

Sec. 508. Title of Vice Chief of the National Guard Bureau changed to Director of the Joint Staff of the National Guard Bureau.

Sec. 509. Two-year extension of authority to waive requirement that Reserve chiefs and National Guard Directors have significant joint duty experience.

Sec. 510. Repeal of distribution requirements for Naval Reserve flag officers.

Subtitle B--Other Officer Personnel Policy Matters

Sec. 511. Transition of active-duty list officer force to all regular status.

Sec. 512. Mandatory retention on active duty to qualify for retirement pay.

Sec. 513. Distribution in grade of Marine Corps Reserve officers in an active status in grades below brigadier general

Sec. 514. Tuition assistance for officers.

Subtitle C--Reserve Component Matters

Sec. 521. Revision to statutory purpose of the reserve components.

Sec. 522. Improved access to reserve component members for enhanced training.

Sec. 523. Status under disability retirement system for reserve members released from active duty due to inability to perform within 30 days of call to active duty.

Sec. 524. Federal civil service military leave for Reserve and National Guard civilian technicians.

Sec. 525. Expanded educational assistance authority for officers commissioned through ROTC program at military junior colleges.

Sec. 526. Effect of appointment or commission as officer on eligibility for Selected Reserve education loan repayment program for enlisted members.

Sec. 527. Number of Starbase academies in a State.

Sec. 528. Comptroller General assessment of integration of active and reserve components of the Navy.

Sec. 529. Operational activities conducted by the National Guard under authority of title 32.

Sec. 530. Army program for assignment of active component advisers to units of the Selected Reserve.

Subtitle D--Joint Officer Management

Sec. 531. Strategic plan to link joint officer development to overall missions and goals of Department of Defense.

Sec. 532. Joint requirements for promotion to flag or general officer grade.

Sec. 533. Clarification of tours of duty qualifying as a joint duty assignment.

Sec. 534. Reserve joint special officer qualification requirements.

Subtitle E--Professional Military Education

Sec. 541. Improvement to professional military education in the Department of Defense.

Sec. 542. Ribbons to recognize completion of joint professional military education.

Sec. 543. Increase in number of private-sector civilians who may be enrolled for instruction at National Defense University.

Sec. 544. Requirement for completion of Phase I joint professional military education before promotion to colonel or Navy captain.

Subtitle F--Other Education and Training Matters

Sec. 551. College First delayed enlistment program.

Sec. 552. Standardization of authority to confer degrees on graduates of Community College of the Air Force with authority for other schools of Air University.

Sec. 553. Change in titles of heads of the Naval Postgraduate School.

Sec. 554. Increase from two years to three years in period for which educational leave of absence may be authorized.

Sec. 555. Correction to disparate treatment of disabilities sustained during accession training.

Sec. 556. Prayer at military service academy activities.

Sec. 557. Revision to conditions on service of officers as service academy superintendents.

Sec. 558. Codification of prohibition on imposition of certain charges and fees at the service academies.

Sec. 559. Qualifications of the dean of the faculty of United States Air Force Academy.

Sec. 560A. Board of visitors of United States Air Force Academy.

Sec. 560B. Establishment of college financial assistance program for District of Columbia National Guard.

Subtitle G--Medals and Decorations and Special Promotions and Appointments

Sec. 561. Separate military campaign medals to recognize service in Operation Enduring Freedom and service in Operation Iraqi Freedom.

Sec. 562. Eligibility of all uniformed services personnel for National Defense Service Medal.

Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, United States Air Force (retired), to the grade of major general on the retired list.

Sec. 564. Posthumous commission of William Mitchell in the grade of major general in the Army.

Sec. 565. Requirements for award of combat infantryman badge and combat medical badge with respect to service in Korea after July 28, 1953.

Sec. 566. Army combat recognition ribbon.

Subtitle H--Military Justice Matters

Sec. 571. Review on how sexual offenses are covered by Uniform Code of Military Justice.

Sec. 572. Service time not lost when confined in connection with trial if confinement excused as unavoidable.

Sec. 573. Clarification of authority of military legal assistance counsel to provide military legal assistance without regard to licensing requirements.

Subtitle I--Administrative and Management Matters

Sec. 581. Three-year extension of limitation on reductions of personnel of agencies responsible for review and correction of military records.

Sec. 582. Staffing and funding for Defense Prisoner of War/Missing Personnel office (DPMO).

Sec. 583. Permanent ID cards for retiree dependents age 70 and older.

Sec. 584. Authority to provide civilian clothing to members traveling in connection with medical evacuation.

Sec. 585. Authority to accept donation of frequent traveler miles, credits, and tickets to facilitate rest and recuperation travel of deployed members of the Armed Forces and their families.

Sec. 586. Limitation on amendment or cancellation of Department of Defense directive relating to reasonable access to military installations for certain personal commercial solicitation.

Sec. 587. Annual identification of reasons for discharges from the Armed Forces during preceding fiscal year.

Sec. 588. Authority for Federal recognition of National Guard commissioned officers appointed from former Coast Guard personnel.

Sec. 589. Study of blended wing concept for the Air Force.

Sec. 590. Continuation of impact aid assistance on behalf of dependents of certain members despite change in status of member.

Subtitle J--Other Matters

Sec. 591. Employment preferences for spouses of certain Department of Defense civilian employees subject to relocation agreements.

Sec. 592. Repeal of requirement to conduct electronic voting demonstration project for the Federal election to be held in November 2004.

Sec. 593. Examination of sexual assault in the Armed Forces by the defense task force established to examine sexual harassment and violence at the military service academies.

Sec. 594. Renewal of pilot program for treating GED and home school diploma recipients as high school graduates for determinations of eligibility for enlistment.

Sec. 595. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 596. Senior Reserve Officer Training Corps and recruiter access at institutions of higher education.

Sec. 597. Reports on transformation milestones.

Sec. 598. Department of Defense policy and procedures on prevention and response to sexual assaults involving members of the Armed Forces.

Sec. 599. Authority for removal of remains of certain persons interred in United States military cemeteries overseas.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2005.

Sec. 602. Authority to provide family separation basic allowance for housing.

Sec. 603. Geographic basis for basic allowance for housing during short changes of station for professional military education or training.

Sec. 604. Immediate lump-sum reimbursement for unusual nonrecurring expenses incurred by members serving outside continental United States.

Sec. 605. Income replacement payments for Reserves experiencing extended and frequent mobilization for active duty service.

Sec. 606. Authority for certain members deployed in combat zones to receive limited advances on their future basic pay.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of bonus and special pay authorities.

Sec. 612. Reduction in required service commitment to receive accession bonus for registered nurses.

Sec. 613. Increase in maximum monthly rate authorized for hardship duty pay.

Sec. 614. Termination of assignment incentive pay for members placed on terminal leave.

Sec. 615. Consolidation of reenlistment and enlistment bonus authorities for regular and reserve components.

Sec. 616. Revision of authority to provide foreign language proficiency pay.

Sec. 617. Eligibility of reserve component members for critical skills retention bonus and expansion of authority to provide bonus.

Sec. 618. Eligibility of new reserve component officers for accession or affiliation bonus for officers in critical skills.

Sec. 619. Eligibility of reserve component members for incentive bonus for conversion to military occupational specialty to ease personnel shortage.

Sec. 620. Availability of hazardous duty incentive pay for military firefighters.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Expansion of travel and transportation allowances to assist survivors of a deceased member to attend burial ceremony of the member.

Sec. 632. Transportation of family members incident to the serious illness or injury of members of the uniformed services.

Sec. 633. Reimbursement of members for certain lodging costs incurred in connection with student dependent travel.

Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Computation of benefits under Survivor Benefit Plan for surviving spouses over age 62.

Sec. 642. Open enrollment period for Survivor Benefit Plan commencing October 1, 2005.

Sec. 643. Source of funds for Survivor Benefit Plan annuities for Department of Defense beneficiaries over age 62.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

Sec. 651. Consolidation and reorganization of legislative provisions regarding defense commissary system and exchanges and other morale, welfare, and recreation activities.

Sec. 652. Consistent State treatment of Department of Defense Nonappropriated Fund Health Benefits Program.

Sec. 653. Cooperation and assistance for qualified scouting organizations serving dependents of members of the Armed Forces and civilian employees overseas.

Subtitle F--Other Matters

Sec. 661. Repeal of requirement that members entitled to basic allowance for subsistence pay subsistence charges while hospitalized.

Sec. 662. Clarification of education loans qualifying for education loan repayment program for reserve component health professions officers.

Sec. 663. Survey and analysis of effect of extended and frequent mobilization of Reservists for active duty service on Reservist income.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Enhanced Benefits for Reserves

Sec. 701. Demonstration project for TRICARE coverage for Ready Reserve members.

Sec. 702. Comptroller General report on the cost and feasibility of providing private health insurance stipends for members of the Ready Reserves.

Sec. 703. Improvement of medical services for activated members of the Ready Reserve and their families.

Sec. 704. Modification of waiver of certain deductibles under TRICARE program.

Sec. 705. Authority for payment by United States of additional amounts billed by health care providers to activated Reserve members.

Sec. 706. Extension of transitional health care benefits after separation from active duty.

Subtitle B--Other Benefits Improvements

Sec. 711. Coverage of certain young children under TRICARE dental program.

Sec. 712. Comptroller General report on provision of health and support services for exceptional family member program enrollees.

Sec. 713. Exceptional eligibility for TRICARE prime remote.

Sec. 714. Transition to home health care benefit under sub-acute care program.

Sec. 715. Requirement relating to prescription drug benefits for medicare-eligible enrollees under defense health care plans.

Sec. 716. Professional accreditation of military dentists.

Sec. 717. Addition of certain unremarried former spouses to persons eligible for dental insurance plan of retirees of the uniformed services.

Sec. 718. Waiver of collection of payments due from certain persons unaware of loss of CHAMPUS eligibility.

Subtitle C--Planning, Programming, and Management

Sec. 721. Pilot program for transformation of health care delivery.

Sec. 722. Study of provision of travel reimbursement to hospitals for certain military disability retirees.

Sec. 723. Study of mental health services.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A--Amendments to General Contracting Authorities, Procedures, and Limitations

Sec. 801. Rapid acquisition authority to respond to combat emergencies.

Sec. 802. Defense acquisition workforce changes.

Sec. 803. Limitation on task and delivery order contracts.

Sec. 804. Funding for contract cancellation ceilings for certain multiyear procurement contracts.

Sec. 805. Increased threshold for requiring contractors to provide specified employee information to cooperative agreement holders.

Sec. 806. Extension of authority for use of simplified acquisition procedures.

Sec. 807. Authority to adjust acquisition-related dollar thresholds for inflation.

Subtitle B--United States Defense Industrial Base Provisions

Sec. 811. Defense trade reciprocity.

Sec. 812. Amendments to domestic source requirements.

Sec. 813. Three-year extension of restriction on acquisition of polyacrylonitrile (PAN) carbon fiber from foreign sources.

Sec. 814. Grant program for defense contractors to implement strategies to avoid outsourcing of jobs.

Sec. 815. Preference for domestic freight forwarding services.

Subtitle C--Other Acquisition Matters

Sec. 821. Sustainment and modernization plans for existing systems while replacement systems are under development.

Sec. 822. Review and demonstration project relating to contractor employees.

Sec. 823. Defense acquisition workforce limitation and reports.

Sec. 824. Provision of information to Congress to enhance transparency in contracting.

Sec. 825. Requirement to treat sureties in same manner as financing institutions when contractors default.

Sec. 826. Provisions relating to creation of jobs in the United States by defense contractors.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 901. Change in title of Secretary of the Navy to Secretary of the Navy and Marine Corps.

Sec. 902. Transfer of Center for the Study of Chinese Military Affairs from National Defense University to United States-China Economic and Security Review Commission.

Sec. 903. Transfer to Secretary of the Army of responsibility for Assembled Chemical Weapons Alternatives Program.

Sec. 904. Modification of obligated service requirements under National Security Education Program.

Sec. 905. Change of membership of certain councils.

Sec. 906. Actions to prevent the abuse of detainees.

Sec. 907. Responses to congressional inquiries.

Sec. 908. Secretary of Defense guidance on identification and internal transmission of critical information.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Budget justification documents for operation and maintenance.

Sec. 1003. Retention of fees from intellectual property licenses.

Sec. 1004. Authority to waive claims of the United States when amounts recoverable are less than costs of collection.

Sec. 1005. Repeal of funding restrictions concerning development of medical countermeasures against biological warfare threats.

Sec. 1006. Report on budgeting for exchange rates for foreign currency fluctuations.

Sec. 1007. Fiscal year 2004 transfer authority.

Sec. 1008. Report on amounts remitted and reimbursed during fiscal year 2004 under section 1007 of Public Law 108-136.

Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Authority for award of contracts for ship dismantling on net-cost basis.

Sec. 1012. Independent study to assess cost effectiveness of the Navy ship construction program.

Sec. 1013. Authority to transfer specified former naval vessels to certain foreign countries.

Sec. 1014. Limitation on leasing of foreign-built vessels.

Subtitle C--Sunken Military Craft

Sec. 1021. Preservation of title to sunken military craft and associated contents.

Sec. 1022. Prohibitions.

Sec. 1023. Permits.

Sec. 1024. Penalties.

Sec. 1025. Liability for damages.

Sec. 1026. Relationship to other laws.

Sec. 1027. Encouragement of agreements with foreign countries.

Sec. 1028. Definitions.

Subtitle D--Counter-Drug Activities

Sec. 1031. Continuation of authority to use Department of Defense funds for unified counterdrug and counterterrorism campaign in Colombia.

Sec. 1032. Limitation on number of United States military personnel in Colombia.

Subtitle E--Reports

Sec. 1041. Study of continued requirement for two-crew manning for ballistic missile submarines.

Sec. 1042. Study of effect on defense industrial base of elimination of United States domestic firearms manufacturing base.

Sec. 1043. Study of extent and quality of training provided to members of the Armed Services to prepare for post-conflict operations.

Subtitle F--Security Matters

Sec. 1051. Use of National Driver Register for personnel security investigations and determinations.

Sec. 1052. Standards for disqualification from eligibility for Department of Defense security clearance.

Subtitle G--Transportation-Related Matters

Sec. 1061. Use of military aircraft to transport mail to and from overseas locations.

Sec. 1062. Reorganization and clarification of certain provisions relating to control and supervision of transportation within the Department of Defense.

Sec. 1063. Determination of whether private air carriers are controlled by United States citizens for purposes of eligibility for Government contracts for transportation of passengers or supplies.

Sec. 1064. Evaluation of whether to prohibit certain offers for transportation of security-sensitive cargo.

Sec. 1065. Phased implementation of new program for transporting household goods of members of the Armed Forces.

Subtitle H--Other Matters

Sec. 1071. Two-year extension of authority of the Secretary of Defense to engage in commercial activities as security for intelligence collection activities abroad.

Sec. 1072. Assistance for study of feasibility of biennial international air trade show in the United States and for initial implementation.

Sec. 1073. Technical and clerical amendments.

Sec. 1074. Commission on the long-term implementation of the new strategic posture of the United States.

Sec. 1075. Liability protection for certain Department of Defense volunteers working in the maritime environment.

Sec. 1076. Transfer of historic F3A-1 Brewster Corsair aircraft.

Sec. 1077. Assignment of members to assist Bureau of Border Security and Bureau of Citizenship and Immigration Services of the Department of Homeland Security.

Sec. 1078. Authority to accept certain voluntary services.

Sec. 1079. Transfer of excess department of defense personal property suitable for firefighting use to support Federal excess personal property program.

Sec. 1080. Expansion of Department of Defense excess personal property disposal program to include health agencies.

Sec. 1081. Placement of memorial in Arlington National Cemetery honoring noncitizens killed in the line of duty while serving in the Armed Forces of the United States.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

Sec. 1101. Payment of Federal employee health benefit premiums for mobilized Federal employees.

Sec. 1102. Foreign language proficiency pay.

Sec. 1103. Pay parity for civilian intelligence personnel.

Sec. 1104. Pay parity for senior executives in nonappropriated fund instrumentalities.

Sec. 1105. Prohibition of unauthorized wearing or use of civilian medals or decorations.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on Terrorism

Sec. 1201. Documentation of conditions in Iraq under former dictatorial government as part of transition to post-dictatorial government.

Sec. 1202. Support of military operations to combat terrorism.

Sec. 1203. Commanders' Emergency Response Program.

Sec. 1204. Status of Iraqi security forces.

Sec. 1205. Guidance and report required on contractors supporting deployed forces in Iraq.

Sec. 1206. Findings and sense of Congress concerning Army Specialist Joseph Darby.

Sec. 1207. Sense of Congress concerning the abuse of persons in custody in Iraq.

Sec. 1208. Sense of Congress regarding limitation on use of funds for the reconstruction of Iraq.

Sec. 1209. Sense of Congress on destruction of Abu Ghraib prison in Iraq.

Subtitle B--Other Matters

Sec. 1211. Assignment of allied naval personnel to submarine safety programs.

Sec. 1212. Expansion of entities of the People's Republic of China subject to certain presidential authorities when operating in the United States.

Sec. 1213. Report by President on Global Peace Operations Initiative.

Sec. 1214. Procurement sanctions against foreign persons that transfer certain defense articles and services to the People's Republic of China.

Sec. 1215. Military educational exchanges between senior officers and officials of the United States and Taiwan.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Temporary authority to waive limitation on funding for chemical weapons destruction facility in Russia.

TITLE XIV--EXPORT CONTROL AND COUNTERPROLIFERATION MATTERS

Subtitle A--Export Controls

Sec. 1401. Definitions under Arms Export Control Act.

Sec. 1402. Exemption from licensing requirements for export of significant military equipment.

Sec. 1403. Cooperative projects with friendly foreign countries.

Sec. 1404. Licensing requirement for export of militarily critical technologies.

Sec. 1405. Control of exports of United States weapons technology to the People's Republic of China.

Sec. 1406. Strengthening international export controls.

Subtitle B--Counterproliferation Matters

Sec. 1411. Defense international counterproliferation programs.

Sec. 1412. Defense counterproliferation fellowship program.

Subtitle C--Initiatives Relating to Countries of Former Soviet Union

Sec. 1421. Silk Road initiative.

Sec. 1422. Teller-Kurchatov nonproliferation fellowships.

Sec. 1423. Collaboration to reduce the risks of a launch of Russian nuclear weapons.

TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Purpose.

Subtitle A--Authorization of Appropriations

Sec. 1511. Army procurement.

Sec. 1512. Navy and Marine Corps procurement.

Sec. 1513. Air Force procurement.

Sec. 1514. Defense-wide activities procurement.

Sec. 1515. Operation and maintenance.

Sec. 1516. Defense health program.

Sec. 1517. Military personnel.

Sec. 1518. Treatment as additional authorizations.

Sec. 1519. Transfer authority.

Sec. 1520. Designation of emergency authorizations.

Subtitle B--Personnel Provisions

Sec. 1531. Three-year increase in active Army strength levels.

Sec. 1532. Three-year increase in active Marine Corps strength levels.

Sec. 1533. Extension of increased rates for imminent danger pay and family separation allowance.

Subtitle C--Financial Management Matters

Sec. 1541. Revised funding methodology for military retiree health care benefits.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 2004 projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 2003 project.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Improvements to military family housing units.

Sec. 2403. Energy conservation projects.

Sec. 2404. Authorization of appropriations, Defense Agencies.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified by law.

Sec. 2702. Extension of authorizations of certain fiscal year 2002 projects.

Sec. 2703. Extension and renewal of authorizations of certain fiscal year 2001 projects.

Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing Changes

Sec. 2801. Increase in certain thresholds for carrying out unspecified minor military construction projects.

Sec. 2802. Assessment of vulnerability of military installations to terrorist attack and annual report on military construction requirements related to antiterrorism and force protection.

Sec. 2803. Change in threshold for congressional notification regarding use of operation and maintenance funds for facility repair.

Sec. 2804. Reporting requirements regarding military family housing requirements for general officers and flag officers.

Sec. 2805. Congressional notification of deviations from authorized cost variations for military construction projects and military family housing projects.

Sec. 2806. Repeal of limitation on use of alternative authority for acquisition and improvement of military family housing.

Sec. 2807. Temporary authority to accelerate design efforts for military construction projects carried out using design-build selection procedures.

Sec. 2808. Exchange or sale of reserve component facilities to acquire replacement facilities.

Sec. 2809. One-year extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.

Sec. 2810. Consideration of combination of military medical treatment facilities and health care facilities of Department of Veterans Affairs.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Increase in certain thresholds for reporting real property transactions.

Sec. 2812. Reorganization of existing administrative provisions relating to real property transactions.

Sec. 2813. Treatment of money rentals from golf course at Rock Island Arsenal, Illinois.

Sec. 2814. Number of contracts authorized department-wide under demonstration program on reduction in long-term facility maintenance costs.

Sec. 2815. Repeal of Commission on Review of Overseas Military Facility Structure of the United States.

Sec. 2816. Designation of Airmen Leadership School at Luke Air Force Base, Arizona, in honor of John J. Rhodes, a former minority leader of the House of Representatives.

Sec. 2817. Elimination of reversionary interests clouding United States title to property used as Navy homeports.

Sec. 2818. Report on feasibility of veterans memorial at Marine Corps Air Station, El Toro, California.

Subtitle C--Base Closure and Realignment

Sec. 2821. Two-year postponement of 2005 base closure and realignment round and submission of reports regarding future infrastructure requirements for the armed forces.

Sec. 2822. Establishment of specific deadline for submission of revisions to force-structure plan and infrastructure inventory for next base closure round.

Sec. 2823. Specification of final selection criteria for next base closure round.

Sec. 2824. Requirement for unanimous vote of Defense Base Closure and Realignment Commission to add to or otherwise expand closure and realignment recommendations made by Secretary of Defense.

Sec. 2825. Adherence to certain authorities on preservation of military depot capabilities during any subsequent round of base closures and realignments.

Subtitle D--Land Conveyances

Part I--Army Conveyances

Sec. 2831. Transfer of administrative jurisdiction, Defense Supply Center, Columbus, Ohio.

Sec. 2832. Land conveyance, Fort Hood, Texas.

Sec. 2833. Land conveyance, Army National Guard Facility, Seattle, Washington.

Sec. 2834. Modification of land exchange and consolidation, Fort Lewis, Washington.

Part II--Navy Conveyances

Sec. 2841. Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of Columbia.

Sec. 2842. Land conveyance, Navy property, former Fort Sheridan, Illinois.

Sec. 2843. Land exchange, Naval Air Station, Patuxent River, Maryland.

Part III--Air Force Conveyances

Sec. 2851. Land exchange, Maxwell Air Force Base, Alabama.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Extension of authority for appointment of certain scientific, engineering, and technical personnel.

Sec. 3112. Requirements for baseline of projects under Facilities and Infrastructure Recapitalization Program.

Subtitle C--Other Matters

Sec. 3131. Transfers and reprogrammings of National Nuclear Security Administration funds.

Sec. 3132. National Academy of Sciences study on management by Department of Energy of high-level radioactive waste.

Sec. 3133. Contract to review Waste Isolation Pilot Plant, New Mexico.

Sec. 3134. Additional amount for defense site acceleration completion.

Sec. 3135. Improvements to energy employees occupational illness compensation program.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of National Defense Stockpile funds.

Sec. 3302. Relaxation of quantity restrictions on disposal of manganese ferro in National Defense Stockpile.

Sec. 3303. Revision of earlier authority to dispose of certain materials in National Defense Stockpile.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for Maritime Administration.

Sec. 3502. Extension of authority to provide war risk insurance for merchant marine vessels.

TITLE XXXVI--SMALL BUSINESS ADMINISTRATION

Sec. 3601. Addition of landscaping and pest control services to list of designated industry groups participating in the small business competitiveness demonstration program.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term `congressional defense committees' has the meaning given that term in section 101(a)(16) of title 10, United States Code.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year 2005 for procurement for the Army as follows:

(1) For aircraft, $2,805,941,000.

(2) For missiles, $1,414,321,000.

(3) For weapons and tracked combat vehicles, $1,739,695,000.

(4) For ammunition, $1,729,402,000.

(5) For other procurement, $4,313,640,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2005 for procurement for the Navy as follows:

(1) For aircraft, $8,912,667,000.

(2) For weapons, including missiles and torpedoes, $2,253,454,000.

(3) For ammunition, $870,840,000.

(4) For shipbuilding and conversion, $10,120,027,000.

(5) For other procurement, $4,876,725,000.

(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2005 for procurement for the Marine Corps in the amount of $1,315,103,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year 2005 for procurement for the Air Force as follows:

(1) For aircraft, $13,649,174,000.

(2) For ammunition, $1,396,457,000.

(3) For missiles, $4,638,313,000.

(4) For other procurement, $13,229,257,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year 2005 for Defense-wide procurement in the amount of $2,950,702,000.

Subtitle B--Program Matters

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT-WEIGHT 155-MILLIMETER HOWITZER PROGRAM.

The Secretary of the Army and the Secretary of the Navy may, in accordance with section 2306b of title 10, United States Code, jointly enter into a multiyear contract, beginning with the fiscal year 2005 program year, for procurement of the light-weight 155-millimeter howitzer.

SEC. 112. DDG-51 MODERNIZATION PROGRAM.

(a) ACCELERATION OF MODERNIZATION PROGRAM- The Secretary of the Navy shall accelerate the program for in-service modernization of the DDG-51 class of destroyers. As part of that modernization program, the Secretary shall include additional emphasis on determining a means to reduce crew size from approximately 300 to about 200.

(b) REPORT- Not later than March 31, 2005, the Secretary of the Navy shall submit to the congressional defense committees a report on the steps taken as of that date to carry out subsection (a).

SEC. 113. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE FUNDING OF CRUISER CONVERSIONS AND OVERHAULS.

Section 126 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1410; 10 U.S.C. 7291 note) is repealed.

SEC. 114. FORCE PROTECTION FOR ASYMMETRIC THREAT ENVIRONMENT.

(a) REQUIREMENT FOR ASYMMETRIC THREAT ASSESSMENT- (1) The Secretary of Defense shall require the Secretary of each military department to perform an assessment of the survivability and suitability against asymmetrical threats of each of the following military systems under the jurisdiction of that Secretary:

(A) Each manned ground system or war-fighter survivability system that may be required to deploy in an asymmetrical threat environment.

(B) Each manned airborne system that may be required to deploy in an asymmetrical threat environment.

(2) For each system covered by paragraph (1), the Secretary concerned shall establish the key performance parameters for survivability and suitability against asymmetric threats.

(3) The assessments under paragraph (1) shall be completed not later than July 1, 2005.

(4) The Secretary of each military department shall review annually the assessments under paragraph (1) conducted by that Secretary to ensure that the assessments remains relevant to the asymmetric threat environment.

(b) REQUIREMENT FOR FORCE PROTECTION- (1) The Secretary of Defense shall require the Secretary of each military department, for each system covered by subsection (a)(1) under that Secretary's jurisdiction, either to--

(A) take each of the force protection or survivability steps specified in paragraph (2); or

(B) restrict the system from deployment to an asymmetrical threat environment.

(2) The force protection or survivability steps for a system covered by subsection (a)(1) are the following:

(A) Development of force protection or survivability enhancements for the system that meet the key performance parameters established for that system under subsection (a)(2).

(B) Budgeting for in-service modification programs for the system to provide force protection and survivability enhancements developed under subparagraph (A).

(C) Development of tactics, techniques, and procedures for the system to maximize force protection and survivability.

(c) WAIVER- The Secretary of Defense may waive the applicability of subsection (b) to a system covered by subsection (a)(1) if the Secretary determines that, but for such a waiver, the Department would be unable to meet national security objectives. Whenever the Secretary makes such a determination and authorizes such a waiver, the Secretary shall submit notice of such waiver and of the Secretary's determination and the reasons therefor in writing to the congressional defense committees.

(d) REQUIREMENT FOR NEW DEVELOPMENT MILITARY ACQUISITION PROGRAMS- The Secretary of Defense shall require the Secretary of each military department, for each military acquisition program that has not entered low-rate initial production as of the date of the enactment of this Act, to include in the development of that program--

(1) as part of the system requirements development, assessments of war-fighter survivability and of system suitability against asymmetrical threats; and

(2) as part of the documentation of system requirements, requirements for key performance parameters for force protection and survivability.

(e) ASYMMETRICAL THREAT ENVIRONMENT- For purposes of this section, the term `asymmetrical threat environment', with respect to a manned system, means a security, stability, or peacekeeping operation in which the system is deployed or any other such environment in which an asymmetrical threat may exist (or, in the case of a manned airborne system, another such environment in which airborne operations would subject the system to a ground-based asymmetrical threat).

SEC. 115. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE TO BE MADE ON BASIS OF UNITS DEPLOYED OR PREPARING TO DEPLOY.

The Secretary of Defense shall provide that, in the allocation to operational units of equipment acquired using funds authorized to be appropriated by this title, priority shall be given to units that are deployed to, or preparing to deploy to, Operation Iraqi Freedom or Operation Enduring Freedom, regardless of the status of those units as active, Guard, or reserve component units.

SEC. 116. MULTIYEAR PROCUREMENT AUTHORITY FOR KC-767 TANKER AIRCRAFT ACQUISITION PROGRAM.

(a) MULTIYEAR PROCUREMENT AUTHORITY- (1) The Secretary of the Air Force may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2005 program year, for procurement of 80 KC-767 tanker aircraft.

(2) Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this subsection may be for any period not in excess of eight program years.

(b) LIMITATION- Subsection (b) of section 135 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1413; 10 U.S.C. 2401a note) is repealed.

(c) RELATIONSHIP TO PREVIOUS LAW- The multiyear procurement authority in subsection (a) may not be executed under section 135 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1413; 10 U.S.C. 2401a note) or under section 8159 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107-117).

SEC. 117. OTHER MATTERS RELATING TO KC-767 TANKER AIRCRAFT ACQUISITION PROGRAM.

(a) SENSE OF CONGRESS- It is the sense of Congress that--

(1) aerial refueling capability for the Armed Forces is a critical combat force multiplier;

(2) the Nation must expeditiously proceed with a program to replace the Air Force's aging fleet of aerial refueling tankers;

(3) in pursuing an aerial refueling tanker program, the Department of Defense should take full advantage of the United States commercial aircraft production base; and

(4) anyone suspected of involvement in improper or illegal activities associated with such a program should be investigated and, if warranted, prosecuted to the fullest extent of the law.

(b) REQUIREMENT FOR RENEGOTIATION OF CONTRACT- The Secretary of the Air Force shall enter into one or more contracts for the Air Force multiyear tanker aircraft program no later than March 1, 2005, provided that any such contract is negotiated after June 1, 2004.

(c) REVIEW BY OUTSIDE PANEL- (1) The Secretary of Defense shall establish a panel of experts from outside the Department of Defense to review any proposed contract for the multiyear tanker aircraft program. The panel shall be comprised of individuals who, by reason of education, training, or experience, have expertise relevant to the evaluation of a proposed contract for the lease or procurement of aircraft under that program.

(2) The panel shall review any proposed contract for the multiyear tanker aircraft program to assess, and assist the Secretary of the Air Force in determining, whether the Air Force would under that contract obtain the best value for funds expended. The panel shall serve in whatever manner the Secretary of Defense determines is appropriate to provide an independent review of any such proposed contract. The Secretary shall provide for the panel to make a determination of, and to advise the Secretary of the Air Force on, what would constitute a fair and reasonable contract for that program.

(d) REPORT- The Secretary of Defense shall provide for the panel established under subsection (c) to submit a report providing the results of its review to the Secretary of the Air Force and the congressional defense committees.

(e) MULTIYEAR TANKER AIRCRAFT PROGRAM DEFINED- In this section, the term `multiyear tanker aircraft program' means the program for--

(1) lease of no more than 20 aerial refueling aircraft for the Air Force authorized under section 8159 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107-117; 115 Stat. 2284), subject to section 135(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1413); and

(2) procurement of no more than 80 KC-767 tanker aircraft for which a multiyear procurement contract is authorized by section 116(a) of this Act.

(f) INTERPRETATION- Section 134 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1412) is amended by adding at the end the following new subsection:

`(c) INTERPRETATION- Nothing in subsection (b) or section 1111 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1215) is intended to prohibit the Secretary of the Air Force from executing the program described in section 135(a) of this Act and section 116 of the National Defense Authorization Act for Fiscal Year 2005.'.

SEC. 118. ADDITIONAL AMOUNT FOR PATRIOT MISSILE PROCUREMENT.

(a) ADDITIONAL AMOUNTS- The amount in section 101 for Army procurement, missiles, is hereby increased by $90,000,000, to be available for Patriot missiles.

(b) OFFSETTING REDUCTIONS- (1) The amount in section 101 for Other Support Space Programs is hereby decreased by $27,000,000, to be derived from Titan Space Boosters (SPACE).

(2) The amount in section 301(4) for operation and maintenance, Air Force, is hereby reduced by $15,000,000, to be derived from the transportation working capital fund.

(3) The amount in section 201(4) for research, development, test, and evaluation, defense-wide, is hereby reduced by $48,000,000, to be derived from the Ballistic Missile Defense System Interceptor program element (PE 63886C).

SEC. 119. TRANSFER OF CERTAIN ARMY PROCUREMENT FUNDS.

(a) INCREASE FOR CERTAIN HELICOPTER ITEMS- The amount provided in section 101(1) for procurement of aircraft for the Army is hereby increased by $4,000,000, of which--

(1) $2,000,000 shall be available for procurement of the Aircraft Wireless Intercom System; and

(2) $2,000,000 shall be available for procurement of bladefold kits for Apache Helicopters.

(b) OFFSET- The amount provided in section 101(5) for Other Procurement, Army, is hereby reduced by $4,000,000, to be derived from amounts for Information Systems.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2005 for the use of the Department of Defense for research, development, test, and evaluation as follows:

(1) For the Army, $9,478,164,000.

(2) For the Navy, $16,047,841,000.

(3) For the Air Force, $21,527,967,000.

(4) For Defense-wide activities, $21,074,389,000, of which $305,135,000 is authorized for the Director of Operational Test and Evaluation.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

(a) Fiscal Year 2005- Of the amounts authorized to be appropriated by section 201, $11,067,698,000 shall be available for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects.

(b) Basic Research, Applied Research, and Advanced Technology Development Defined- For purposes of this section, the term `basic research, applied research, and advanced technology development' means work funded in program elements for defense research and development under Department of Defense category 6.1, 6.2, or 6.3.

SEC. 203. PROGRAM INCREASES.

(a) NANO-COMPOSITE HARD-COAT FOR AIRCRAFT CANOPIES- The amount provided in section 201(2) for research development, test and evaluation, Navy, is hereby increased by $5,000,000, to be available for Nano-composite hard-coat for aircraft canopies in Program Element 0205633N.

(b) COMMAND-AND-CONTROL SERVICE LEVEL MANAGEMENT- The amount provided in section 201(3) for research development, test and evaluation, Air Force, is hereby increased by $5,000,000, to be available for command-and-control service level management in Program Element 0207443F for best-commercial practices and enterprise wide architectures for military command-and-control applications.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.

(a) PROGRAM STRATEGY REQUIRED- The Secretary of the Army shall establish and implement a program strategy for the Future Combat Systems acquisition program of the Army. The purpose of the program strategy shall be to provide an effective, affordable, producible, and supportable military capability with a realistic schedule and a robust cost estimate.

(b) ELEMENTS OF PROGRAM STRATEGY- The program strategy shall--

(1) require the release, at the design readiness review, of not less than 90 percent of engineering drawings for the building of prototypes;

(2) require, before facilitating production or contracting for items with long lead times, that an acceptable demonstration be carried out of the performance of the information network, including the performance of the Joint Tactical Radio System and the Warfighter Information Network-Tactical; and

(3) require, before the initial production decision, that an acceptable demonstration be carried out of the collective capability of each system to meet system-of-systems requirements when integrated with the information network.

(c) REQUIRED SUBMISSIONS TO CONGRESS- Before convening the Milestone B update for the Future Combat Systems acquisition program required by the Future Combat Systems acquisition decision memorandum, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to Congress each of the following documents:

(1) The independent cost estimate with respect to the program prepared by the cost analysis improvement group of the Office of the Secretary of Defense.

(2) A report, prepared by an independent panel, on the maturity levels of the critical technologies with respect to the program, including an assessment of those technologies that are likely to require a decision to use an alternative approach.

(3) A report, prepared by the chief information officer of the Army, describing--

(A) the status of the development and integration of the network and the command, control, computers, communications, intelligence, surveillance, and reconnaissance components; and

(B) the progress made toward meeting the requirements for network-centric capabilities as set forth by such officer.

(4) A report identifying the key performance parameters with respect to the program, with all objectives and thresholds quantified, together with the supporting analytical rationale.

(d) LIMITATION ON FUNDING- (1) Except as provided in paragraph (2), the Secretary of the Army may not obligate, from amounts made available for fiscal year 2005, more than $2,200,000,000 for the Future Combat Systems acquisition program.

(2) The limitation in paragraph (1) shall not apply after the Secretary of the Army submits to Congress the Secretary's certification that the Secretary has established and implemented the program strategy required by subsection (a).

SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOPMENT OF VACUUM ELECTRONICS TECHNOLOGIES.

(a) PROGRAM REQUIRED- The Secretary of Defense shall establish a program for research and development in advanced vacuum electronics to meet the requirements of the Department of Defense electromagnetic systems.

(b) DESCRIPTION OF PROGRAM- The program under subsection (a) shall be carried out collaboratively by the Director of Defense Research and Engineering, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of the Army, and other appropriate elements of the Department of Defense. The program shall include the following activities:

(1) Activities needed for development and maturation of advanced vacuum electronics technologies needed to meet the requirements of the Department of Defense.

(2) Identification of legacy and developmental electromagnetic systems for use of advanced vacuum electronics under the program.

(c) REPORT- Not later than January 31, 2005, the Director of Defense Research and Engineering shall submit to the congressional defense committees a report on the implementation of the program under subsection (a). The report shall include the following:

(1) Identification of the officer to have lead responsibility for carrying out the program.

(2) A description of the management plan for the program and any agreements relating to that plan.

(3) A schedule for the program.

(4) Identification of the funding required for fiscal year 2006 and for the future-years defense program to carry out the program.

(5) A list of program capability goals and objectives.

(d) FUNDING- Of the funds authorized to be appropriated in section 201--

(1) $13,500,000 shall be available in program element 62771N for applied research in vacuum electronics; and

(2) $5,000,000 shall be available in program element 63771N for advanced technology development in vacuum electronics.

SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT STRIKE FIGHTER PROGRAM.

(a) Annual GAO Review- The Comptroller General shall conduct an annual review of the Joint Strike Fighter aircraft program and shall, not later than March 15 of each year, submit to Congress a report on the results of the most recent review. With each such report, the Comptroller General shall submit a certification as to whether the Comptroller General has had access to sufficient information to enable the Comptroller General to make informed judgments on the matters covered by the report.

(b) Matters to Be Included- Each report on the Joint Strike Fighter aircraft program under subsection (a) shall include the following with respect to system development and demonstration under the program:

(1) The extent to which such system development and demonstration is meeting established goals, including the goals established for performance, cost, and schedule.

(2) The plan for such system development and demonstration (leading to production) for the fiscal year that begins in the year in which the report is submitted.

(3) The Comptroller General's conclusion regarding whether such system development and demonstration (leading to production) is likely to be completed at a total cost not in excess of the amount specified (or to be specified) for such purpose in the Selected Acquisition report for the Joint Strike Fighter aircraft program under section 2432 of title 10, United States Code, for the first quarter of the fiscal year during which the report of the Comptroller General is submitted.

(c) Requirement to Support Annual GAO Review- The Secretary of Defense and the prime contractor for the Joint Strike Fighter aircraft program shall provide to the Comptroller General such information on that program as the Comptroller General considers necessary to carry out the responsibilities of the Comptroller General under this section, including such information as is necessary for the purposes of subsection (b)(3).

(d) Termination- No report is required under this section after the report that, under subsection (a), is required to be submitted not later than March 15, 2009.

SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES COMMAND TO BE DERIVED ONLY FROM DEFENSE-WIDE AMOUNTS.

(a) IN GENERAL- Chapter 9 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 232. United States Joint Forces Command: amounts for research, development, test, and evaluation to be derived only from Defense-wide amounts

`(a) REQUIREMENT- Amounts for research, development, test, and evaluation for the United States Joint Forces Command shall be derived only from amounts made available to the Department of Defense for Defense-wide research, development, test, and evaluation.

`(b) SEPARATE DISPLAY IN BUDGET- Any amount in the budget submitted to Congress under section 1105 of title 31 for any fiscal year for research, development, test, and evaluation for the United States Joint Forces Command shall be set forth under the account of the Department of Defense for Defense-wide research, development, test, and evaluation.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`232. United States Joint Forces Command: amounts for research, development, test, and evaluation to be derived only from Defense-wide amounts.'.

SEC. 215. SPACE BASED RADAR.

(a) LIMITATION- In carrying out the Space Based Radar program, the Secretary of Defense may not authorize that program to proceed into the system development and procurement phase referred to as Milestone B until the Secretary--

(1) submits to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report described in subsection (b); and

(2) a period of 30 days has elapsed after the date on which such report is submitted.

(b) REPORT- A report under this subsection is a report on the Space Based Radar program in which the Secretary of Defense sets forth the following with respect to that program:

(1) A description of the technical system concept selected.

(2) A description of the concept of operations associated with the technical system concept selected.

(3) An independent cost estimate for development and procurement under the program.

(4) The acquisition strategy for the program.

SEC. 216. MARK-54 TORPEDO PRODUCT IMPROVEMENT PROGRAM.

Of the amount provided in section 201 for research, development, test, and evaluation for the Navy, $2,000,000 within the budget line designated as line 120 shall be available for the Mark-54 Torpedo Product Improvement Program.

Subtitle C--Ballistic Missile Defense

SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

(a) AUTHORITY- Funds described in subsection (b) may, upon approval by the Secretary of Defense, be used for the development and fielding of ballistic missile defense capabilities.

(b) COVERED FUNDS- Subsection (a) applies to funds appropriated for fiscal year 2005 or fiscal year 2006 for research, development, test, and evaluation for the Missile Defense Agency.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SECTION 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2005 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

(1) For the Army, $25,838,611,000.

(2) For the Navy, $29,523,490,000.

(3) For the Marine Corps, $3,637,615,000.

(4) For the Air Force, $27,143,566,000.

(5) For Defense-wide activities, $17,317,406,000.

(6) For the Army Reserve, $2,003,728,000.

(7) For the Naval Reserve, $1,240,038,000.

(8) For the Marine Corps Reserve, $188,696,000

(9) For the Air Force Reserve, $2,226,790,000

(10) For the Army National Guard, $4,425,686,000.

(11) For the Air National Guard, $4,448,938,000.

(12) For the United States Court of Appeals for the Armed Forces, $10,825,000.

(13) For Environmental Restoration, Army, $400,948,000.

(14) For Environmental Restoration, Navy, $266,820,000.

(15) For Environmental Restoration, Air Force, $397,368,000.

(16) For Environmental Restoration, Defense-wide, $23,684,000

(17) For Environmental Restoration, Formerly Used Defense Sites, $216,516,000.

(18) For Overseas Humanitarian, Disaster, and Civic Aid programs, $59,000,000.

(19) For Cooperative Threat Reduction programs, $409,200,000.

(20) For the Overseas Contingency Operations Transfer Fund, $5,000,000.

(21) For the Defense Industrial Base Capabilities Fund, $50,000,000

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2005 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:

(1) For the Defense Working Capital Funds, $372,886,000.

(2) For the National Defense Sealift Fund, $1,219,252,000.

(3) For the Defense Working Capital Fund, Defense Commissary, $1,175,000,000

SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

(a) Defense Health Program- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2005 for expenses, not otherwise provided for, for the Defense Health Program, $17,811,586,000, of which--

(1) $17,374,544,000 is for Operation and Maintenance;

(2) $72,407,000 is for Research, Development, Test, and Evaluation; and

(3) $364,635,000 is for Procurement.

(b) Chemical Agents and Munitions Destruction, Defense- (1) Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2005 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, $1,371,990,000, of which--

(A) $1,138,801,000 is for Operation and Maintenance;

(B) $154,209,000 is for Research, Development, Test, and Evaluation; and

(C) $78,980,000 is for Procurement.

(2) Amounts authorized to be appropriated under paragraph (1) are authorized for--

(A) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

(B) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

(c) Drug Interdiction and Counter-Drug Activities, Defense-wide- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2005 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, $852,697,000.

(d) Defense Inspector General- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2005 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, $193,562,000, of which--

(1) $191,362,000 is for Operation and Maintenance;

(2) $2,100,000 is for Research, Development, Test, and Evaluation; and

(3) $100,000 is for Procurement.

SEC. 304. REIMBURSEMENT OF MEMBERS OF THE ARMED FORCES WHO PURCHASED PROTECTIVE BODY ARMOR DURING SHORTAGE OF DEFENSE STOCKS OF BODY ARMOR.

(a) Reimbursement Authorized- The Secretary of Defense may reimburse a member of the Armed Forces for the cost of protective body armor purchased by the member, or by another person on behalf of the member, for use by the member while deployed in connection with Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi Freedom if the member was not issued protective body armor before the member became engaged in operations in areas or situations described in section 310(a)(2) of title 37, United States Code.

(b) Duration of Authority- Reimbursement may be provided under subsection (a) for protective body armor purchased during the period beginning on September 11, 2001, and ending on December 31, 2003. Not later than 60 days after the date of the enactment of this Act, the Secretary shall implement regulations to expedite the provision of such reimbursement.

SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE OPERATIONS AND MAINTENANCE.

The amount authorized to be appropriated in section 301(4) is hereby reduced by $10,000,000, to be derived from the transportation working capital fund.

SEC. 306. ELIMINATION OF BACKLOG IN PROCESSING FORENSIC EVIDENCE COLLECTION KITS AND ACQUISITION OF SUFFICIENT STOCKS OF SUCH KITS.

The Secretary of Defense shall take such steps as may be necessary to eliminate the current backlog in the processing of forensic evidence collection kits used by the Department of Defense, to shorten the time period between the use of such kits and their processing in the future, and to ensure an adequate supply of such kits for all domestic and overseas United States military installations, including the military service academies, and for units of the Armed Forces deployed in theaters of operation.

Subtitle B--Environmental Provisions

SEC. 311. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH TEST AND TRAINING RANGE, UTAH.

(a) Report Required- The Secretary of the Air Force shall prepare a report that outlines current and anticipated encroachments on the use and utility of the special use airspace of the Utah Test and Training Range in the State of Utah, including encroachments brought about through actions of other Federal agencies. The Secretary shall include such recommendations as the Secretary considers appropriate regarding any legislative initiatives necessary to address encroachment problems identified by the Secretary in the report.

(b) Submission of Report- Not later than one year after the date of the enactment of this Act, the Secretary shall submit the report to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate.

Subtitle C--Workplace and Depot Issues

SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR WORKLOADS.

Subsection (d) of section 2466 of title 10, United States Code, is amended to read as follows:

`(d) Annual Report and Review- (1) Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that was expended during the preceding fiscal year, and are projected to be expended in the current fiscal year and next fiscal year, for performance of depot-level maintenance and repair workloads by the public and private sectors.

`(2) Not later than 60 days after the date on which the Secretary submits a report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General's views on whether--

`(A) the Department of Defense has complied with the requirements of subsection (a) during the preceding fiscal year covered by the report; and

`(B) the expenditure projections for the current fiscal year and next fiscal year are reasonable.'.

SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT CONCERNING MANAGEMENT OF DEPOT EMPLOYEES.

(a) Repeal- Section 2472 of title 10, United States Code, is amended--

(1) by striking `(a) Prohibition on Management by End Strength- '; and

(2) by striking subsection (b).

(b) Clerical Amendments- (1) The heading of such section is amended to read as follows:

`Sec. 2472. Prohibition on management of depot employees by end strength'.

(2) The table of sections at the beginning of chapter 146 of such title is amended by striking the item relating to section 2472 and inserting the following new item:

`2472. Prohibition on management of depot employees by end strength.'.

SEC. 323. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE.

(a) IN GENERAL- Section 2461(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

`(5)(A) A function of the Department of Defense performed by 10 or more civilian employees may not be converted, in whole or in part, to performance by a contractor unless, the conversion is based on the results of a public-private competition process that--

`(i) formally compares the cost of civilian employee performance of the function with the costs of performance by a contractor;

`(ii) creates an agency tender, including a most efficient organization plan, in accordance with Office of Management and Budget Circular A-76, as implemented on May 29, 2003;

`(iii) determines whether the submitted offers meet the needs of the Department of Defense with respect to factors other than cost, including quality and reliability;

`(iv) requires continued performance of the function by civilian employees if the cost of performance of the function by a contractor would, over all performance periods required by the solicitation, cost less than--

`(I) 10 percent of the personnel-related costs for performance of that activity or function in the agency tender; or

`(II) $10,000,000; and

`(v) provides no advantage to an offeror for a proposal to reduce costs for the Department of Defense by--

`(I) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of such function under a contract; or

`(II) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than that which is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5.

`(B) Any modification, reorganization, division, or other change in the organization of a function of the Department of Defense so that is performed by less than 10 civilian employees of the Department of Defense and, therefore, excluded from subparagraph (A), is prohibited.

`(C) Any function that is performed by civilian employees of the Department of Defense and is proposed to be reengineered, reorganized, modernized, upgraded, expanded, or changed in order to become more efficient, but the civilian employees would still provide essentially the same service, is subject to the competition requirement in subparagraph (A).

`(D) The cost savings requirement specified in subparagraph (A) does not apply to any contracts for special studies and analyses, construction services, architectural services, medical services, scientific and technical services related to (but not in support of) research and development, and depot-level maintenance and repair services.

`(E) The Secretary of Defense may waive the competition requirement in specific instances if--

`(i) the written waiver is prepared by the Secretary of Defense, or the relevant Assistant Secretary or agency head;

`(ii) the written waiver is accompanied by a detailed determination that national security interests are so compelling as to preclude compliance with the requirement for a public-private competition; and

`(iii) a copy of the waiver is published in the Federal Register within 10 working days after the date on which the waiver is invoked, although use of the waiver need not be delayed until its publication.'.

(b) RELATION TO PILOT PROGRAM- Paragraph (5) of section 2461(b) of title 10, United States Code, as added by subsection (a) shall not apply with respect to the pilot program for best-value source selection for performance of information technology services authorized by section 336 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1444; 10 U.S.C. 2461 note).

SEC. 324. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM.

(a) PURPOSE- The Secretary of Defense shall establish a pilot program to examine the use of the public-private competition process of Office of Management and Budget Circular A-76 on new requirements, as defined by such Circular, and functions currently being performed by contractors that could be performed by civilian employees.

(b) DURATION- The Secretary of Defense shall carry out the pilot program during fiscal years 2005 and 2006.

(c) REQUIREMENT FOR PUBLIC-PRIVATE COMPETITION FOR NEW WORK- (1) By the end of the pilot project, the Secretary of Defense shall have allowed civilian employees to compete through the standard competition process of Office of Management and Budget Circular A-76 for new requirements, as defined by such Circular, that are approximately one-tenth in value of the funds spent by the Department of Defense during the two fiscal years of the pilot project on all functions that are considered new requirements, as defined by such Circular.

(2) The Department of Defense shall not receive credit towards compliance with the pilot program for subjecting to public-private competition--

(A) any contract to be awarded to small business concerns that meet the requirements under section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and regulations under that section;

(B) any contract to be performed by contractor employees who are represented by a private sector labor union; or

(C) any contract related to special studies and analyses, construction services, architectural services, medical services, scientific and technical services related to (but not in support of) research and development, and depot-level maintenance and repair services.

(d) FUNCTIONS PERFORMED BY CONTRACTORS- (1) By the end of the pilot project, the Secretary of Defense shall have subjected a number of contractor employees to public-private competition through the standard competition process of Office of Management and Budget Circular A-76 that is approximately one-tenth of the number of civilian employees subject to public-private competition during the two fiscal years of the pilot project.

(2) The Department of Defense shall, to the extent possible, subject to public-private competition those positions held by contractor employees that are associated with functions that are or have been performed at least in part by Federal employees at any time on or after October 1, 1980; and

(3) Subsection (c)(2) shall also apply to this subsection.

(e) WAIVER- The implementation of the pilot project may be waived if--

(1) the written waiver is prepared by the Secretary of Defense;

(2) the written waiver is accompanied by a detailed determination that national security interests are so compelling as to preclude compliance with the competition requirement; and

(3) a copy of the waiver is published in the Federal Register within 10 working days after the date on which the waiver is invoked, although use of the waiver need not be delayed until its publication.

(f) REPORT- At the end of each fiscal year of the pilot program, the Inspector General of the Department of Defense shall submit to Congress a report on the results of the pilot program, including the extent to which the Department of Defense complied with the requirements of this section.

SEC. 325. SENSE OF CONGRESS ON EQUITABLE LEGAL STANDING FOR CIVILIAN EMPLOYEES.

It is the sense of Congress that, in order to ensure that, when public-private competitions are held, they are conducted as fairly, effectively, and efficiently as possible, competing parties, both Department of Defense civilian employees (or their representatives) and contractors (or their representatives) should receive comparable treatment throughout the competition regarding access to relevant information and legal standing to challenge the way a competition has been conducted at all appropriate forums, including the General Accounting Office and the United States Court of Federal Claims.

SEC. 326. COMPETITIVE SOURCING REPORTING REQUIREMENT.

(a) REPORT REQUIRED- Not later than February 1, 2005, the Inspector General of the Department of Defense shall submit to Congress a report addressing whether the Department of Defense--

(1) employs a sufficient number of adequately trained civilian employees to conduct satisfactorily, taking into account equity, efficiency and expeditiousness, all of the public-private competitions that are scheduled to be undertaken by the Department of Defense during the next fiscal year (including a sufficient number of employees to formulate satisfactorily the performance work statements and most efficient organization plans for the purposes of such competitions) and to administer any resulting contracts; and

(2) has implemented a comprehensive and reliable system to track and assess the cost and quality of the performance of functions of the Department of Defense by service contractors, to update the records of such costs and the assessments each fiscal quarter, and to make such information available in reports to Congress and the public, including through the use of electronic means, except that proprietary information and information to which section 552(b)(1) of title 5, United States Code, applies shall be excised from information published or reports made available.

(b) ELEMENTS OF TRACKING SYSTEM- The system of the Department of Defense for tracking cost and quality of performance of a function under a service contract shall include at least the following data elements:

(1) The contract number and the applicable Federal supply class or service code.

(2) The name, business address, and business telephone of the agency official who supervises the service contract.

(3) The statutory, regulatory, or other authority for entering into the service contract and, if a public-private competition was not used in the determination of whether to provide for performance of the activity or function by a contractor, an explanation of the reasons for not doing so.

(4) The cost to the Department of Defense of conducting the public-private competition under Office of Management and Budget Circular A-76, if one was undertaken, including the cost of consultants as well as civilian employees.

(5) In the case of a function formerly performed by civilian employees, the actual cost of the performance by such employees.

(6) The cost to the Department of Defense of civilian employee performance of the function under the most efficient organization plan.

(7) The anticipated cost of contractor performance, based on the award.

(8) The cost to the Department of Defense for performance of the function by the contractor.

(9) A description of the quality control process used by the agency in connection with monitoring the contract performance (including the applicable quality control standards and the frequency of the quality control reports), together with an assessment of whether the contractor achieved, exceeded, or failed to achieve the quality control standards.

(c) ASSESSMENT OF TRACKING SYSTEM- The Inspector General of the Department of Defense shall include in the report required by subsection (a) an assessment of the comprehensiveness and reliability of the Department of Defense system for tracking cost and quality of performance of a function under a service contract, including compliance with each of the requirements specified in subsection (b). The Inspector General shall base the assessment on an audit of a representative sample of service contracts. The report shall also include recommendations by the Inspector General regarding how weaknesses identified in the Department of Defense infrastructure for competitive sourcing can be rectified, whether through the use of different processes or the availability of additional employees, additional training, or additional resources.

Subtitle D--Information Technology

SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR TRANSITION TO INTERNET PROTOCOL VERSION 6.

(a) Transition Plan- The Secretary of Defense shall prepare a plan to provide for the transition of Department of Defense information technology systems to Internet Protocol version 6 from the present use of Internet Protocol version 4 and other network protocols. The plan shall outline the networking and security system equipment that will need to be replaced, including the timing and costs of such replacement, address how the current and new networks and security systems will be managed, and assess the potential impact of the transition, include any proposed measures to alleviate any adverse affects. In preparing the transition plan, the Secretary shall compare private industry plans for the transition to Internet Protocol version 6.

(b) Testing and Evaluation for Internet Protocol- To determine whether a change to the use of Internet Protocol version 6 will support Department of Defense requirements, the Secretary of Defense shall provide for a rigorous, real-world end-to-end testing of Internet Protocol version 6, as proposed for use by the Department, to evaluate the following:

(1) The ability of Internet Protocol version 6, with its `best effort' quality of service, to satisfactory support the Department's multiple applications and other information technology systems, including the use of Internet Protocol version 6 over bandwidth-constrained tactical circuits.

(2) The ability of the Department's networks using Internet Protocol version 6 to respond to, and perform under, heavy loading of the core networks.

(c) Submission of Plan and Results- Not later than March 31, 2005, the Secretary of Defense shall submit to the congressional defense committees a report containing the transition plan prepared under subsection (a) and the results of the tests conducted under subsection (b).

SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, SYSTEM ACCOUNTABILITY, AND CONDITIONS FOR OBLIGATION OF FUNDS FOR DEFENSE BUSINESS SYSTEM MODERNIZATION.

(a) In General- (1) Chapter 131 of title 10, United States Code, is amended by inserting before section 2223 the following new section:

`Sec. 2222. Defense business systems: architecture, accountability, and modernization

`(a) Conditions for Obligation of Funds for Defense Business System Modernization- Effective January 1, 2005, funds appropriated to the Department of Defense may not be obligated for a defense business system modernization that will have a total cost in excess of $1,000,000 unless--

`(1) the approval authority designated for the defense business system certifies to the Defense Business Systems Management Committee established by section 186 of this title that the defense business system modernization--

`(A) is in compliance with the enterprise architecture developed under subsection (b), or such compliance is waived in writing by the approval authority as a result of the investment review process conducted under subsection (d) for the defense business system modernization; and

`(B) will be acquired or developed in a manner consistent with the system acquisition regulations and instructions of the Department of Defense; and

`(2) the Defense Business Systems Management Committee approves the certification by the approval authority.

`(b) Enterprise Architecture for Defense Business Systems- Not later than September 30, 2005, the Secretary of Defense, acting through the Defense Business Systems Management Committee, shall develop--

`(1) an enterprise architecture to cover all defense business systems, and the functions and activities supported by defense business systems, which shall be sufficiently defined to effectively guide, constrain, and permit implementation of interoperable defense business system solutions and consistent with the policies and procedures established by the Director of the Office of Management and Budget, and

`(2) a transition plan for implementing the enterprise architecture for defense business systems.

`(c) Approval Authorities and Accountability for Defense Business Systems- The Secretary of Defense shall delegate responsibility for the planning, design, acquisition, deployment, operation, maintenance, modernization, and oversight of defense business systems as follows:

`(1) The Under Secretary of Defense for Acquisition, Technology and Logistics shall be responsible and accountable for any defense business system the primary purpose of which is to support acquisition activities, logistics activities, or installations and environment activities of the Department of Defense.

`(2) The Under Secretary of Defense (Comptroller) shall be responsible and accountable for any defense business system the primary purpose of which is to support financial management activities or strategic planning and budgeting activities of the Department of Defense.

`(3) The Under Secretary of Defense for Personnel and Readiness shall be responsible and accountable for any defense business system the primary purpose of which is to support human resource management activities of the Department of Defense.

`(4) The Assistant Secretary of Defense for Networks and Information Integration and the Chief Information Officer of the Department of Defense shall be responsible and accountable for any defense business system the primary purpose of which is to support information technology infrastructure or information assurance activities of the Department of Defense.

`(5) The Deputy Secretary of Defense or an Under Secretary of Defense, as designated by the Secretary of Defense, shall be responsible for any defense business system the primary purpose of which is to support any activity of the Department of Defense not covered by paragraphs (1) through (4).

`(d) Defense Business System Investment Review- (1) The Secretary of Defense shall require each approval authority designated under subsection (c) to establish, not later than March 15, 2005, an investment review process, consistent with section 11312 of title 40, to review the planning, design, acquisition, development, deployment, operation, maintenance, modernization, and project cost benefits and risks of all defense business systems for which the approval authority is responsible. The investment review process so established shall specifically address the responsibilities of approval authorities under subsection (a).

`(2) The review of defense business systems under the investment review process shall include the following:

`(A) Review and approval by an investment review board of each defense business system as an investment before the obligation of funds on the system.

`(B) Periodic review, but not less than annually, of every defense business system investment.

`(C) Representation on each investment review board by appropriate officials from among the armed forces, combatant commands, the Joint Chiefs of Staff, and Defense Agencies.

`(D) Use of threshold criteria to ensure an appropriate level of review within the Department of Defense of, and accountability for, defense business system investments depending on scope, complexity, and cost.

`(e) Budget Information- In the materials that the Secretary submits to Congress in support of the budget submitted by the President to Congress under section 1105 of title 31 for fiscal year 2006 and fiscal years thereafter, the Secretary of Defense shall--

`(1) identify the approval authority for each defense business system; and

`(2) for each defense business system for which funding is proposed in the budget--

`(A) certify that the defense business system complies with the defense business enterprise architecture; or

`(B) explain why funds for such system are necessary to maintain a mission critical or mission essential system of the Department of Defense, notwithstanding its noncompliance with the defense business enterprise architecture.

`(f) Congressional Reports- Not later than March 15 of each year from 2005 through 2009, the Secretary of Defense shall submit to the congressional defense committees a report on Department of Defense compliance with the requirements of this section. The first report shall define plans and commitments for meeting the requirements of subsection (a), including specific milestones and performance measures. Subsequent reports shall--

`(1) describe actions taken and planned for meeting the requirements of subsection (a), including--

`(A) specific milestones and actual performance against specified performance measures, and any revision of such milestones and performance measures; and

`(B) specific actions on the defense business system modernizations submitted for certification under such subsection;

`(2) identify the number of defense business system modernizations so certified;

`(3) identify any defense business system modernization with an obligation in excess of $1,000,000 during the preceding fiscal year that was not certified under subsection (a), and the reasons for the waiver; and

`(4) discuss specific improvements in business operations and cost savings resulting from successful defense business systems modernization efforts.

`(g) Definitions- In this section:

`(1) The term `approval authority', with respect to a defense business system, means the Department of Defense official responsible for the defense business system, as designated by subsection (c).

`(2) The term `defense business system' means an information system, other than a national security system, operated by, for, or on behalf of the Department of Defense, including financial systems, mixed systems, financial data feeder systems, and information technology and information assurance infrastructure, used to support business activities, such as acquisition, financial management, logistics, strategic planning and budgeting, installations and environment, and human resource management.

`(3) The term `defense business system modernization' means--

`(A) the acquisition or development of a new defense business system; or

`(B) any significant modification or enhancement of an existing defense business system (other than necessary to maintain current services).

`(4) The term `enterprise architecture' has the meaning given that term in section 3601(4) of title 44.

`(5) The terms `information system' and `information technology' have the meanings given those terms in section 11101 of title 40.

`(6) The term `national security system' has the meaning given that term in section 2315 of this title.'.

(2) The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2223 the following new item:

`2222. Defense business systems: architecture, accountability, and modernization.'.

(b) Defense Business System Management Committee- Chapter 7 of such title is amended by adding at the end the following new section:

`Sec. 186. Defense business system management Committee

`(a) Establishment- The Secretary of Defense shall establish a Defense Business Systems Management Committee, to be composed of the following persons:

`(1) The Deputy Secretary of Defense, who shall serve as the chairman of the Committee.

`(2) The Under Secretary of Defense for Acquisition, Logistics, and Technology.

`(3) The Under Secretary of Defense for Personnel and Readiness.

`(4) The Under Secretary of Defense (Comptroller).

`(5) The Assistant Secretary of Defense for Networks and Information Integration.

`(6) The Secretaries of the military departments and the heads of the Defense Agencies.

`(7) Such additional personnel of the Department of Defense (including personnel assigned to the Joint Chiefs of Staff and combatant commands) as are designated by the Secretary of Defense.

`(b) Duties- (1) In addition to any other matters assigned to the Committee by the Secretary of Defense, the Committee shall--

`(A) recommend to the Secretary of Defense policies and procedures necessary to effectively integrate the requirements of section 2222 of this title into all business activities and any transformation, reform, reorganization, or process improvement initiatives undertaken within the Department of Defense; and

`(B) review and approve any major update of the defense business enterprise architecture developed under subsection (b) of section 2222 of this title, including evolving the architecture, and of defense business systems modernization plans.

`(2) The Committee shall be responsible for coordinating defense business system modernization initiatives to maximize benefits and minimize costs for the Department of Defense and periodically report to the Secretary on the status of defense business system modernization efforts.

`(3) The Committee shall ensure that funds are obligated for defense business system modernization in a manner consistent with section 2222 of this title.

`(c) Definitions- In this section, the terms `defense business system' and `defense business system modernization' have the meanings given such terms in section 2222 of this title.'.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`186. Defense Business System Management Committee.'.

(c) Delegation of Administrative Responsibility- The delegation of responsibility for the planning, design, acquisition, deployment, operation, maintenance, modernization, and oversight of defense business systems required by subsection (c) of section 2222 of title 10, United States Code, as added by subsection (a)(1), shall be completed not later than 60 days after the date of the enactment of this Act.

(d) Relation to Annual Registration Requirements- Nothing in sections 186 and 2222 of title 10, United States Code, as added by this section, shall be construed to alter the requirements of section 8084 of the Department of Defense Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1091), with regard to information technology systems (as defined in subsection (d) of such section).

(e) Repeal of Obsolete Financial Management Enterprise Architecture Requirements- Section 1004 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 113 note) is repealed.

SEC. 333. ESTABLISHMENT OF JOINT PROGRAM OFFICE TO IMPROVE INTEROPERABILITY OF BATTLEFIELD MANAGEMENT COMMAND AND CONTROL SYSTEMS.

(a) Office for Family of Interoperable Pictures- The Secretary of Defense shall designate a single joint program office in the Department of Defense for the management of battlefield management command and control systems of the Armed Forces, known as the `Family of Interoperable Pictures', to improve the interoperability of such systems so that members of the Armed Forces may access a common operational picture of the battlefield. The office shall include at a minimum the Single Integrated Air Picture, the Single Integrated Ground Picture, the Single Integrated Maritime Picture, the Special Operations Forces Picture, and the Single Integrated Space Picture. The Secretary shall provide for the head of the office to be selected on a rotating basis among related offices of the Army, Navy, Air Force, and Marine Corps.

(b) Common Systems Architecture- The Secretary of Defense shall develop, implement, and maintain a common systems architecture for all battlefield management command and control systems included in the Family of Interoperable Pictures.

(c) Consolidated Program Elements- All funds for development and procurement related to the Family of Interoperable Pictures shall be consolidated under the office designated under subsection (a).

(d) Program Development- The head of the office designated under subsection (a), subject to the authority, direction, and control of the Secretary of Defense, shall--

(1) establish and control the performance specifications for the battlefield management command and control systems included in the Family of Interoperable Pictures;

(2) establish and control the standards for development of the software and equipment for the Family of Interoperable Pictures;

(3) establish and control the standards for operation of the Family of Interoperable Pictures; and

(4) develop a single, unified concept of operations for all users of the Family of Interoperable Pictures.

Subtitle E--Readiness Reporting Requirements

SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE OPERATION AND FINANCIAL SUPPORT FOR MILITARY MUSEUMS.

(a) Report Required- Chapter 23 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 489. Annual report on Department of Defense operation and financial support for military museums

`(a) Report Required- As part of the budget materials submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31, but in no case later than March 15 of each year, the Secretary of Defense shall submit a report identifying all museums that, during the preceding fiscal year--

`(1) were operated by the Department of Defense or a military department; or

`(2) were otherwise supported using funds appropriated to the Department of Defense.

`(b) Content of Report- For each museum identified in a report under this section, the Secretary of Defense shall include in the report the following:

`(1) The purpose and functions of the museum and the justification for the museum

`(2) A description of the facilities dedicated to the museum.

`(3) An itemized listing of the funds appropriated to the Department of Defense that were obligated to support the museum during the fiscal year covered by the report, as well as any other Federal funds, funds from a nonappropriated fund instrumentality account of the Department of Defense, and non-Federal funds obligated to support the museum.

`(4) The number of civilian employees of the Department of Defense who serve full-time or part-time at the museum.

`(5) The number of members of the armed forces who serve full-time or part-time at the museum.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`489. Annual report on Department of Defense operation and financial support for military museums.'.

SEC. 342. REPORT ON DEPARTMENT OF DEFENSE PROGRAMS FOR PREPOSITIONING OF MATERIAL AND EQUIPMENT.

(a) Secretary of Defense Assessment and Report- (1) The Secretary of Defense shall conduct an assessment of the programs of the Department of Defense for the prepositioning of material and equipment. Such assessment shall particularly focus on how those programs will be incorporated into achievement of the goals of the Secretary of Defense (referred to as the `10-30-30' goals) for the Armed Forces to have the capability, from the onset of a contingency situation, of deploying forces to a distant theater within 10 days, defeating an enemy within 30 days, and being ready for an additional conflict within another 30 days.

(2) The Secretary shall submit to Congress a report on such assessment not later than October 1, 2005.

(b) Matters to Be Included- The assessment under subsection (a) shall include the prepositioning programs of each of the Armed Forces and of the United States Special Operations Command as well as assessment of each of the following:

(1) Use of prepositioned equipment as part of Operation Iraqi Freedom and Operation Enduring Freedom and potential solutions to identified challenges.

(2) Changes to doctrine, strategy, and transportation plans to support the goals of the Secretary described in subsection (a) and referred to as the 10-30-30 goals in light of the current lift constraints facing both land and sea components of lift as well as the emerging mobility requirements.

(3) Modifications of the prepositioning programs of the Armed Forces in order to adapt to pending modularity concepts, future force structure changes, and new sea basing concepts in relation to current and potential areas of instability.

(4) Joint operations and training that include theater opening requirements at potential aerial and sea ports of debarkation, joint force reception capabilities, joint theater distribution operations, and use of joint prepositioned stocks and systems.

Subtitle F--Other Matters

SEC. 351. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

(a) Duration of Program- Subsection (a) of section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 10 U.S.C. 4551 note) is amended by striking `2004' and inserting `2008'.

(b) Additional Report Required- Subsection (g) of such section is amended--

(1) in paragraph (1), by striking `2004' and inserting `2008'; and

(2) in paragraph (2), by striking `2003' and inserting `2007'.

SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF MID-RANGE FINANCIAL IMPROVEMENT PLAN.

Amounts appropriated to the Department of Defense for fiscal year 2005 for operation and maintenance may not be obligated for the purpose of preparing or implementing the Mid-Range Financial Improvement Plan until the Secretary of Defense submits a report to the congressional defense committees containing, for each of the military departments and the Defense Agencies--

(1) an explanation of the manner in which funds will be used for such purpose during that fiscal year; and

(2) an estimate of the costs for future fiscal years to prepare and implement the plan.

SEC. 353. PROCUREMENT OF FOLLOW-ON CONTRACTS FOR THE OPERATION OF FIVE CHAMPION-CLASS T-5 TANK VESSELS.

The Secretary of the Navy may consider bids or proposals for the follow-on contracts for the Department of the Navy contracts for the operation of five Champion-class T-5 tank vessels only from an entity that is a citizen under section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802).

SEC. 354. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR I MUSEUM.

(a) Findings- The Congress finds as follows:

(1) The Liberty Memorial Museum in Kansas City, Missouri, was built in 1926 in honor of those individuals who served in World War I in defense of liberty and the Nation.

(2) The Liberty Memorial Association, a nonprofit organization which originally built the Liberty Memorial Museum, is responsible for the finances, operations, and collections management of the Liberty Memorial Museum.

(3) The Liberty Memorial Museum is the only public museum in the Nation that exists for the exclusive purpose of interpreting the experiences of the United States and its allies in the World War I years (1914-1918), both on the battlefield and on the home front.

(4) The Liberty Memorial Museum project began after the 1918 Armistice through the efforts of a large-scale, grass-roots civic and fundraising effort by the citizens and veterans of the Kansas City metropolitan area. After the conclusion of a national architectural design competition, ground was broken in 1921, construction began in 1923, and the Liberty Memorial Museum was opened to the public in 1926.

(5) In 1994, the Liberty Memorial Museum closed for a massive restoration and expansion project. The restored museum reopened to the public on Memorial Day, 2002, during a gala rededication ceremony.

(6) Exhibits prepared for the original museum buildings presaged the dramatic, underground expansion of core exhibition gallery space, with over 30,000 square feet of new interpretive and educational exhibits currently in development. The new exhibits, along with an expanded research library and archives, will more fully utilize the many thousands of historical objects, books, maps, posters, photographs, diaries, letters, and reminiscences of World War I participants that are preserved for posterity in the Liberty Memorial Museum's collections. The new core exhibition is scheduled to open on Veterans Day, 2006.

(7) The City of Kansas City, the State of Missouri, and thousands of private donors and philanthropic foundations have contributed millions of dollars to build and later to restore this national treasure. The Liberty Memorial Museum continues to receive the strong support of residents from the States of Missouri and Kansas and across the Nation.

(8) Since the restoration and rededication of 2002, the Liberty Memorial Museum has attracted thousands of visitors from across the United States and many foreign countries.

(9) There remains a need to preserve in a museum setting evidence of the honor, courage, patriotism, and sacrifice of those Americans who offered their services and who gave their lives in defense of liberty during World War I, evidence of the roles of women and African Americans during World War I, and evidence of other relevant subjects.

(10) The Liberty Memorial Museum seeks to educate a diverse group of audiences through its comprehensive collection of historical materials, emphasizing eyewitness accounts of the participants on the battlefield and the home front and the impact of World War I on individuals, then and now. The Liberty Memorial Museum continues to actively acquire and preserve such materials.

(11) A great opportunity exists to use the invaluable resources of the Liberty Memorial Museum to teach the `Lessons of Liberty' to the Nation's schoolchildren through on-site visits, classroom curriculum development, distance learning, and other educational initiatives.

(12) The Liberty Memorial Museum should always be the Nation's museum of the national experience in the World War I years (1914-1918), where people go to learn about this critical period and where the Nation's history of this monumental struggle will be preserved so that generations of the 21st century may understand the role played by the United States in the preservation and advancement of democracy, freedom, and liberty in the early 20th century.

(13) This initiative to recognize and preserve the history of the Nation's sacrifices in World War I will take on added significance as the Nation approaches the centennial observance of this event.

(14) It is fitting and proper to refer to the Liberty Memorial Museum as `America's National World War I Museum'.

(b) Sense of Congress- The Congress--

(1) recognizes the Liberty Memorial Museum in Kansas City, Missouri, including the museum's future and expanded exhibits, collections, library, archives, and educational programs, as `America's National World War I Museum';

(2) recognizes that the continuing collection, preservation, and interpretation of the historical objects and other historical materials held by the Liberty Memorial Museum enhance the knowledge and understanding of the Nation's people of the American and allied experience during the World War I years (1914-1918), both on the battlefield and on the home front;

(3) commends the ongoing development and visibility of `Lessons of Liberty' educational outreach programs for teachers and students throughout the Nation; and

(4) encourages the need for present generations to understand the magnitude of World War I, how it shaped the Nation, other countries, and later world events, and how the sacrifices made then helped preserve liberty, democracy, and other founding principles for generations to come.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2005, as follows:

(1) The Army, 482,400.

(2) The Navy, 365,900.

(3) The Marine Corps, 175,000.

(4) The Air Force, 359,700.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS.

Effective October 1, 2004, section 691(b) of title 10, United States Code, is amended as follows:

(1) NAVY- Paragraph (2) is amended by striking `373,800' and inserting `365,900'.

(2) AIR FORCE- Paragraph (4) is amended by striking `359,300' and inserting `359,700'.

SEC. 403. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2005, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 10,300.

(2) The Army Reserve, 5,000.

(3) The Naval Reserve, 6,200.

(4) The Marine Corps Reserve, 2,500.

(5) The Air National Guard of the United States, 10,100.

(6) The Air Force Reserve, 3,600.

SEC. 404. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT PERSONNEL PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY FOR OPERATIONAL SUPPORT.

(a) STRENGTH AUTHORIZATIONS- Section 115 of title 10, United States Code, is amended--

(1) in subsection (a)(1)(A), by inserting `unless on active duty pursuant to subsection (b)' after `active-duty personnel';

(2) in subsection (a)(1)(B), by inserting `unless on active duty or full-time National Guard duty pursuant to subsection (b)' after `reserve pe