HR 4200 EAS

In the Senate of the United States,

June 23 (legislative day, June 22), 2004.

Resolved, That the bill from the House of Representatives (H.R. 4200) entitled `An Act to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.', do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

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

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

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

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

(2) Division B--Military Construction Authorizations.

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

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

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Subtitle B--Army Programs

Sec. 111. Light utility helicopter program.

Sec. 112. Up-armored high mobility multi-purpose wheeled vehicles or wheeled vehicle ballistic add-on armor protection.

Sec. 113. Command-and-control vehicles or field artillery ammunition support vehicles.

Subtitle C--Navy Programs

Sec. 121. LHA(R) amphibious assault ship program.

Sec. 122. Multiyear procurement authority for the light weight 155-millimeter howitzer program.

Sec. 123. Pilot program for flexible funding of submarine engineered refueling overhaul and conversion.

Subtitle D--Air Force Programs

Sec. 131. Prohibition of retirement of KC-135E aircraft.

Sec. 132. Prohibition of retirement of F-117 aircraft.

Sec. 133. Senior scout mission bed-down initiative.

Subtitle E--Other Matters

Sec. 141. Report on options for acquisition of precision-guided munitions.

Sec. 142. Report on maturity and effectiveness of the Global Information Grid Bandwidth Expansion (GIG-BE) Network.

TITLE II--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for science and technology.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. DD(X)-class destroyer program.

Sec. 212. Global Positioning System III satellite.

Sec. 213. Initiation of concept demonstration of Global Hawk high altitude endurance unmanned aerial vehicle.

Sec. 214. Joint Unmanned Combat Air Systems program.

Sec. 215. Joint Strike Fighter Aircraft program.

Sec. 216. Joint experimentation.

Sec. 217. Infrastructure system security engineering development for the Navy.

Sec. 218. Neurotoxin mitigation research.

Sec. 219. Spiral development of joint threat warning system maritime variants.

Sec. 220. Advanced ferrite antenna.

Sec. 221. Prototype littoral array system for operating submarines.

Sec. 222. Advanced manufacturing technologies and radiation casualty research.

Subtitle C--Ballistic Missile Defense

Sec. 231. Fielding of ballistic missile defense capabilities.

Sec. 232. Patriot Advance Capability-3 and Medium Extended Air Defense System.

Sec. 233. Comptroller General assessments of ballistic missile defense programs.

Sec. 234. Baselines and operational test and evaluation for ballistic missile defense system.

Subtitle D--Other Matters

Sec. 241. Annual report on submarine technology insertion.

Sec. 242. Sense of the Senate regarding funding of the advanced shipbuilding enterprise under the national shipbuilding research program of the Navy.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Other Department of Defense programs.

Sec. 304. Amount for one source military counseling and referral hotline.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 311. Commander's Emergency Response Program.

Sec. 312. Limitation on transfers out of working capital funds.

Sec. 313. Family readiness program of the National Guard.

Subtitle C--Environmental Provisions

Sec. 321. Payment of certain private cleanup costs in connection with Defense Environmental Restoration Program.

Sec. 322. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.

Sec. 323. Satisfaction of certain audit requirements by the Inspector General of the Department of Defense.

Sec. 324. Comptroller General study and report on drinking water contamination and related health effects at Camp Lejeune, North Carolina.

Sec. 325. Increase in authorized amount of environmental remediation, Front Royal, Virginia.

Sec. 326. Comptroller General study and report on alternative technologies to decontaminate groundwater at Department of Defense installations.

Sec. 327. Sense of Senate on perchlorate contamination of ground and surface water.

Sec. 328. Amount for research and development for improved prevention of Leishmaniasis.

Sec. 329. Report regarding encroachment issues affecting Utah Test and Training Range, Utah.

Subtitle D--Depot-Level Maintenance and Repair

Sec. 331. Simplification of annual reporting requirements concerning funds expended for depot maintenance and repair workloads.

Sec. 332. Repeal of requirement for annual report on management of depot employees.

Sec. 333. Extension of special treatment for certain expenditures incurred in the operation of centers of industrial and technical excellence.

Subtitle E--Extensions of Program Authorities

Sec. 341. Two-year extension of Department of Defense telecommunications benefit.

Sec. 342. Two-year extension of Arsenal Support Program Initiative.

Sec. 343. Reauthorization of warranty claims recovery pilot program.

Subtitle F--Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 352. Impact aid for children with severe disabilities.

Sec. 353. Sense of the Senate regarding the impact of the privatization of military housing on local schools

Subtitle G--Other Matters

Sec. 361. Charges for Defense Logistics Information Services materials.

Sec. 362. Temporary authority for contractor performance of security-guard functions.

Sec. 363. Pilot program for purchase of certain municipal services for Department of Defense installations.

Sec. 364. Consolidation and improvement of authorities for Army working-capital funded facilities to engage in public-private partnerships.

Sec. 365. Program to commemorate 60th anniversary of World War II.

Sec. 366. Media coverage of the return to the United States of the remains of deceased members of the Armed Forces from overseas.

Sec. 367. Tracking and care of members of the Armed Forces who are injured in combat.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Additional authority for increases of Army active duty personnel end strengths for fiscal years 2005 through 2009.

Sec. 403. Exclusion of service academy permanent and career professors from a limitation on certain officer grade strengths.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

Sec. 414. Fiscal year 2005 limitations on non-dual status technicians.

Sec. 415. Authorized strengths for Marine Corps Reserve officers in active status in grades below general officer.

Subtitle C--Authorizations of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

Sec. 422. Armed Forces Retirement Home.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Joint Officer Personnel Management

Sec. 501. Modification of conditions of eligibility for waiver of joint duty credit requirement for promotion to general or flag officer.

Sec. 502. Management of joint specialty officers.

Sec. 503. Revised promotion policy objectives for joint officers.

Sec. 504. Length of joint duty assignments.

Sec. 505. Repeal of minimum period requirement for Phase II Joint Professional Military Education.

Sec. 506. Revised definitions applicable to joint duty.

Subtitle B--Other Officer Personnel Policy

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

Sec. 512. Eligibility of Navy staff corps officers to serve as Deputy Chiefs of Naval Operations and Assistant Chiefs of Naval Operations.

Sec. 513. One-year extension of authority to waive joint duty experience as eligibility requirement for appointment of chiefs of reserve components.

Sec. 514. Limitation on number of officers frocked to major general and rear admiral (upper half).

Sec. 515. Study regarding promotion eligibility of retired warrant officers recalled to active duty.

Subtitle C--Reserve Component Personnel Policy

Sec. 521. Repeal of exclusion of active duty for training from authority to order reserves to active duty.

Sec. 522. Exception to mandatory retention of Reserves on active duty to qualify for retirement pay.

Subtitle D--Education and Training

Sec. 531. One-year extension of Army College First pilot program.

Sec. 532. Military recruiter equal access to campus.

Sec. 533. Exclusion from denial of funds for preventing ROTC access to campus of amounts to cover individual costs of attendance at institutions of higher education.

Sec. 534. Transfer of authority to confer degrees upon graduates of the Community College of the Air Force.

Sec. 535. Repeal of requirement for officer to retire upon termination of service as Superintendent of the Air Force Academy.

Subtitle E--Decorations, Awards, and Commendations

Sec. 541. Award of medal of honor to individual interred in the Tomb of the Unknowns as representative of casualties of a war.

Sec. 542. Separate campaign medals for Operation Enduring Freedom and for Operation Iraqi Freedom.

Sec. 543. Plan for revised criteria and eligibility requirements for award of combat infantryman badge and combat medical badge for service in Korea after July 28, 1953.

Subtitle F--Military Justice

Sec. 551. Reduced blood alcohol content limit for offense of drunken operation of a vehicle, aircraft, or vessel.

Sec. 552. Waiver of recoupment of time lost for confinement in connection with a trial.

Sec. 553. Department of Defense policy and procedures on prevention and response to sexual assaults involving members of the Armed Forces.

Subtitle G--Scope of Duties of Ready Reserve Personnel in Inactive Duty Status

Sec. 561. Redesignation of inactive-duty training to encompass operational and other duties performed by Reserves while in inactive duty status.

Sec. 562. Repeal of unnecessary duty status distinction for funeral honors duty.

Sec. 563. Conforming amendments to other laws referring to inactive-duty training.

Sec. 564. Conforming amendments to other laws referring to funeral honors duty.

Subtitle H--Other Matters

Sec. 571. Accession of persons with specialized skills.

Sec. 572. Federal write-in ballots for absentee military voters located in the United States.

Sec. 573. Renaming of National Guard Challenge Program and increase in maximum Federal share of cost of State programs under the program.

Sec. 574. Appearance of veterans service organizations at preseparation counseling provided by the Department of Defense.

Sec. 575. Sense of the Senate regarding return of members to active duty service upon rehabilitation from service-related injuries.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Geographic basis for housing allowance during short-assignment permanent changes of station for education or training.

Sec. 602. Immediate lump-sum reimbursement for unusual nonrecurring expenses incurred for duty outside the continental United States.

Sec. 603. Permanent increase in authorized amount of family separation allowance.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for certain health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of other bonus and special pay authorities.

Sec. 615. Reduced service obligation for nurses receiving nurse accession bonus.

Sec. 616. Assignment incentive pay.

Sec. 617. Permanent increase in authorized amount of hostile fire and imminent danger special pay.

Sec. 618. Eligibility of enlisted members to qualify for critical skills retention bonus while serving on indefinite reenlistment.

Sec. 619. Clarification of educational pursuits qualifying for Selected Reserve Education Loan Repayment Program for health professions officers.

Sec. 620. Bonus for certain initial service of commissioned officers in the Selected Reserve.

Sec. 621. Relationship between eligibility to receive supplemental subsistence allowance and eligibility to receive imminent danger pay, family separation allowance, and certain Federal assistance.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Travel and transportation allowances for family members to attend burial ceremonies of members who die on duty.

Sec. 632. Lodging costs incurred in connection with dependent student travel.

Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Special rule for computing the high-36 month average for disabled members of reserve components.

Sec. 642. Death benefits enhancement.

Sec. 643. Repeal of phase-in of concurrent receipt of retired pay and veterans' disability compensation for veterans with service-connected disabilities rated as 100 percent.

Sec. 644. Full SBP survivor benefits for surviving spouses over age 62.

Sec. 645. Open enrollment period for survivor benefit plan commencing October 1, 2005.

Subtitle E--Other Matters

Sec. 651. Increased maximum period for leave of absence for pursuit of a program of education in a health care profession.

Sec. 652. Eligibility of members for reimbursement of expenses incurred for adoption placements made by foreign governments.

Sec. 653. Acceptance of frequent traveler miles, credits, and tickets to facilitate the air or surface travel of certain members of the Armed Forces and their families.

Sec. 654. Child care for children of members of Armed Forces on active duty for Operation Enduring Freedom or Operation Iraqi Freedom.

Sec. 655. Relief for mobilized military reservists from certain Federal agricultural loan obligations.

TITLE VII--HEALTH CARE

Subtitle A--Enhanced Benefits for Reserves

Sec. 701. Demonstration project on health benefits for Reserves.

Sec. 702. Permanent earlier eligibility date for TRICARE benefits for members of reserve components.

Sec. 703. Waiver of certain deductibles for members on active duty for a period of more than 30 days.

Sec. 704. Protection of dependents from balance billing.

Sec. 705. Permanent extension of transitional health care benefits and addition of requirement for preseparation physical examination.

Sec. 706. Expanded eligibility of Ready Reserve members under TRICARE program.

Sec. 707. Continuation of non-TRICARE health benefits plan coverage for certain Reserves called or ordered to active duty and their dependents.

Subtitle B--Other Matters

Sec. 711. Repeal of requirement for payment of subsistence charges while hospitalized.

Sec. 712. Opportunity for young child dependent of deceased member to become eligible for enrollment in a TRICARE dental plan.

Sec. 713. Pediatric dental practice necessary for professional accreditation.

Sec. 714. Services of marriage and family therapists.

Sec. 715. Chiropractic health care benefits advisory committee.

Sec. 716. Grounds for Presidential waiver of requirement for informed consent or option to refuse regarding administration of drugs not approved for general use.

Sec. 717. Eligibility of cadets and midshipmen for medical and dental care and disability benefits.

Sec. 718. Continuation of sub-acute care for transition period.

Sec. 719. Temporary authority for waiver of collection of payments due for CHAMPUS benefits received by disabled persons unaware of loss of CHAMPUS eligibility.

Sec. 720. Vaccine Healthcare Centers Network.

Sec. 721. Use of Department of Defense funds for abortions in cases of rape and incest

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

Subtitle A--Acquisition Policy and Management

Sec. 801. Responsibilities of acquisition executives and Chief Information Officers under the Clinger-Cohen Act.

Sec. 802. Software-related program costs under major defense acquisition programs.

Sec. 803. Internal controls for Department of Defense purchases through GSA Client Support Centers.

Sec. 804. Defense commercial satellite services procurement process.

Sec. 805. Revision and extension of authority for advisory panel on review of government procurement laws and regulations.

Subtitle B--General Contracting Authorities, Procedures, and Limitations, and Other Matters

Sec. 811. Increased thresholds for applicability of certain requirements.

Sec. 812. Period for multiyear task and delivery order contracts.

Sec. 813. Submission of cost or pricing data on noncommercial modifications of commercial items.

Sec. 814. Delegations of authority to make determinations relating to payment of defense contractors for business restructuring costs.

Sec. 815. Limitation regarding service charges imposed for defense procurements made through contracts of other agencies.

Sec. 816. Sense of the Senate on effects of cost inflation on the value range of the contracts to which a small business contract reservation applies.

Subtitle C--Extensions of Temporary Program Authorities

Sec. 821. Extension of contract goal for small disadvantaged business and certain institutions of higher education.

Sec. 822. Extension of Mentor-Protege program.

Sec. 823. Extension of test program for negotiation of comprehensive small business subcontracting plans.

Sec. 824. Extension of pilot program on sales of manufactured articles and services of certain Army industrial facilities.

Subtitle D--Industrial Base Matters

Sec. 831. Commission on the Future of the National Technology and Industrial Base.

Sec. 832. Waiver authority for domestic source or content requirements.

Sec. 833. Consistency with United States obligations under trade agreements.

Sec. 834. Repeal of certain requirements and limitations relating to the defense industrial base.

Subtitle E--Defense Acquisition and Support Workforce

Sec. 841. Limitation and reinvestment authority relating to reduction of the defense acquisition and support workforce.

Sec. 842. Defense acquisition workforce improvements.

Subtitle F--Public-Private Competitions

Sec. 851. Public-private competition for work performed by civilian employees of the Department of Defense.

Sec. 852. Performance of certain work by Federal Government employees.

Sec. 853. Competitive sourcing reporting requirement.

Subtitle G--Other Matters

Sec. 861. Inapplicability of certain fiscal laws to settlements under special temporary contract closeout authority.

Sec. 862. Demonstration program on expanded use of Reserves to perform developmental testing, new equipment training, and related activities.

Sec. 863. Applicability of competition exceptions to eligibility of National Guard for financial assistance for performance of additional duties.

Sec. 864. Management plan for contractor security personnel.

Sec. 865. Report on contractor performance of security, intelligence, law enforcement, and criminal justice functions in Iraq.

Sec. 866. Accreditation study of commercial off-the-shelf processes for evaluating information technology products and services.

Sec. 867. Contractor performance of acquisition functions closely associated with inherently governmental functions.

Sec. 868. Contracting with employers of persons with disabilities.

Sec. 869. Energy savings performance contracts.

Sec. 870. Availability of Federal supply schedule supplies and services to United Service Organizations, incorporated.

Sec. 871. Acquisition of aerial refueling aircraft for the Air Force.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Reserve Components

Sec. 901. Modification of stated purpose of the reserve components.

Sec. 902. Commission on the National Guard and Reserves.

Sec. 903. Chain of succession for the Chief of the National Guard Bureau.

Sec. 904. Redesignation of Vice Chief of the National Guard Bureau as Director of the Joint Staff of the National Guard Bureau.

Sec. 905. Authority to redesignate the Naval Reserve.

Sec. 906. Homeland security activities of the National Guard.

Subtitle B--Other Matters

Sec. 911. Study of roles and authorities of the Director of Defense Research and Engineering.

Sec. 912. Directors of Small Business Programs.

Sec. 913. Leadership positions for the Naval Postgraduate School.

Sec. 914. United States Military Cancer Institute.

Sec. 915. Authorities of the Judge Advocates General.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. United States contribution to NATO common-funded budgets in fiscal year 2005.

Sec. 1003. Reduction in overall authorization due to inflation savings.

Sec. 1004. Defense business systems investment management.

Sec. 1005. Uniform funding and management of service academy athletic and recreational extracurricular programs.

Sec. 1006. Authorization of appropriations for a contingent emergency reserve fund for operations in Iraq and Afghanistan.

Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Exchange and sale of obsolete Navy service craft and boats.

Sec. 1012. Limitation on disposal of obsolete naval vessel.

Sec. 1013. Award of contracts for ship dismantling on net cost basis.

Sec. 1014. Authority to transfer naval vessels to certain foreign countries.

Subtitle C--Reports

Sec. 1021. Report on contractor security in Iraq.

Sec. 1022. Technical correction to reference to certain annual reports.

Sec. 1023. Study of establishment of mobilization station at Camp Ripley National Guard Training Center, Little Falls, Minnesota.

Sec. 1024. Report on training provided to members of the Armed Forces to prepare for post-conflict operations.

Sec. 1025. Report on availability of potential overland ballistic missile defense test ranges.

Sec. 1026. Operation of the Federal voting assistance program and the Military Postal System.

Sec. 1027. Report on establishing national centers of excellence for unmanned aerial and ground vehicles.

Sec. 1028. Report on post-major combat operations phase of Operation Iraqi Freedom.

Sec. 1029. Comptroller General analysis of use of transitional benefit corporations in connection with competitive sourcing of performance of Department of Defense activities and functions.

Sec. 1029A. Comptroller General study of programs of transition assistance for personnel separating from the Armed Forces.

Sec. 1029B. Study on coordination of job training and certification standards.

Sec. 1029C. Content of preseparation counseling for personnel separating from active duty service.

Sec. 1029D. Periodic detailed accounting for operations of the global war on terrorism.

Sec. 1029E. Report on the stabilization of Iraq.

Sec. 1029F. Reports on matters relating to detainment of prisoners by the Department of Defense.

Subtitle D--Matters Relating to Space

Sec. 1031. Space posture review.

Sec. 1032. Panel on the Future of Military Space Launch.

Sec. 1033. Operationally responsive national security payloads for space satellites.

Sec. 1034. Nondisclosure of certain products of commercial satellite operations.

Sec. 1035. Sense of Congress on space launch ranges.

Subtitle E--Defense Against Terrorism

Sec. 1041. Temporary acceptance of communications equipment provided by local public safety agencies.

Sec. 1042. Full-time dedication of airlift support for homeland defense operations.

Sec. 1043. Survivability of critical systems exposed to chemical or biological contamination.

Subtitle F--Matters Relating to Other Nations

Sec. 1051. Humanitarian assistance for the detection and clearance of landmines and explosive remnants of war.

Sec. 1052. Use of funds for unified counterdrug and counterterrorism campaign in Colombia.

Sec. 1053. Assistance to Iraq and Afghanistan military and security forces.

Sec. 1054. Assignment of NATO naval personnel to submarine safety research and development programs.

Sec. 1055. Compensation for former prisoners of war.

Sec. 1056. Drug eradication efforts in Afghanistan.

Sec. 1057. Humane treatment of detainees.

Sec. 1058. United Nations Oil-For-Food Program.

Sec. 1059. Sense of Congress on the global partnership against the spread of weapons of mass destruction.

Sec. 1059A Exception to bilateral agreement requirements for transfers of defense items.

Sec. 1059B. Redesignation and modification of authorities relating to Inspector General of the coalition provisional authority.

Sec. 1059C. Treatment of foreign prisoners.

Subtitle G--Other Matters

Sec. 1061. Technical amendments relating to definitions of general applicability in title 10, United States Code.

Sec. 1062. Two-year extension of authority of Secretary of Defense to engage in commercial activities as security for intelligence collection activities abroad.

Sec. 1063. Liability protection for persons voluntarily providing maritime-related services accepted by the Navy.

Sec. 1064. Licensing of intellectual property.

Sec. 1065. Delay of electronic voting demonstration project.

Sec. 1066. War risk insurance for merchant marine vessels.

Sec. 1067. Repeal of quarterly reporting requirement concerning payments for District of Columbia water and sewer services and establishment of annual report by Treasury.

Sec. 1068. Receipt of pay by reserves from civilian employers while on active duty in connection with a contingency operation.

Sec. 1069. Protection of Armed Forces personnel from retaliatory actions for communications made through the chain of command.

Sec. 1070. Missile defense cooperation.

Sec. 1071. Policy on nonproliferation of ballistic missiles.

Sec. 1072. Reimbursement for certain protective, safety, or health equipment purchased by or for members of the Armed Forces for deployment in operations in Iraq and central Asia.

Sec. 1073. Preservation of search and rescue capabilities of the Federal Government.

Sec. 1074. Grant of Federal charter to Korean War Veterans Association, Incorporated.

Sec. 1075. Coordination of USERRA with the Internal Revenue Code of 1986.

Sec. 1076. Aerial firefighting equipment.

Sec. 1077. Sense of Senate on American Forces Radio and Television Service.

Sec. 1078. Sense of Congress on America's National World War I Museum.

Sec. 1079. Reduction of barriers for Hispanic-serving institutions in defense contracts, defense research programs, and other minority-related defense programs.

Sec. 1080. Extension of scope and jurisdiction for current fraud offenses.

Sec. 1081. Contractor accountability.

Sec. 1082. Definition of United States.

Sec. 1083. Mentor-protege pilot program.

Sec. 1084. Broadcast Decency Enforcement Act of 2004.

Sec. 1085. Children's Protection from Violent Programming Act.

Sec. 1086. Assessment of effectiveness of current rating system for violence and effectiveness of V-chip in blocking violent programming.

Sec. 1087. Unlawful distribution of violent video programming that is not specifically rated for violence and therefore is not blockable.

Sec. 1088. Separability.

Sec. 1089. Effective Date.

Sec. 1090. Pilot program on cryptologic service training.

Sec. 1091. Energy savings performance contracts.

Sec. 1092. Clarification of fiscal year 2004 funding level for a National Institute of Standards and Technology account.

Sec. 1093. Report on offset requirements under certain contracts.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

Sec. 1101. Science, mathematics, and research for transformation (SMART) defense scholarship pilot program.

Sec. 1102. Foreign language proficiency pay.

Sec. 1103. Pay and performance appraisal parity for civilian intelligence personnel.

Sec. 1104. Accumulation of annual leave by intelligence senior level employees.

Sec. 1105. Pay parity for senior executives in defense nonappropriated fund instrumentalities.

Sec. 1106. Health benefits program for employees of nonappropriated fund instrumentalities.

Sec. 1107. Bid protests by Federal employees in actions under Office of Management and Budget Circular A-76.

Sec. 1108. Report on how to recruit and retain individuals with foreign language skills.

Sec. 1109. Plan on implementation and utilization of flexible personnel management authorities in Department of Defense laboratories.

Sec. 1110. Nonreduction in pay while Federal employee is performing active service in the uniformed services or National Guard.

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

Sec. 1201. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1202. Funding allocations.

Sec. 1203. Modification and waiver of limitation on use of funds for chemical weapons destruction facilities in Russia.

Sec. 1204. Inclusion of descriptive summaries in annual Cooperative Threat Reduction reports and budget justification materials.

TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE

Sec. 1301. Annual medical readiness plan and Joint Medical Readiness Oversight Committee.

Sec. 1302. Medical readiness of Reserves.

Sec. 1303. Baseline Health Data Collection Program.

Sec. 1304. Medical care and tracking and health surveillance in the theater of operations.

Sec. 1305. Declassification of information on exposures to environmental hazards.

Sec. 1306. Environmental hazards.

Sec. 1307. Post-deployment medical care responsibilities of installation commanders.

Sec. 1308. Full implementation of Medical Readiness Tracking and Health Surveillance Program and Force Health Protection and Readiness Program.

Sec. 1309. Other matters.

Sec. 1310. Use of civilian experts as consultants.

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.

Sec. 2205. Modification of authority to carry out certain fiscal year 2004 projects.

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 of authorization of certain fiscal year 2001 project.

Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

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

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

Sec. 2802. Modification of approval and notice requirements for facility repair projects.

Sec. 2803. Additional reporting requirements relating to alternative authority for acquisition and improvement of military housing.

Sec. 2804. Modification of authorities under alternative authority for acquisition and improvement of military housing.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Recodification and consolidation of certain authorities and limitations relating to real property administration.

Sec. 2812. Modification and enhancement of authorities on facilities for reserve components.

Sec. 2813. Authority to exchange or sell reserve component facilities and lands to obtain new reserve component facilities and lands.

Sec. 2814. Repeal of authority of Secretary of Defense to recommend that installations be placed in inactive status during 2005 round of defense base closure and realignment.

Subtitle C--Land Conveyances

Sec. 2821. Transfer of administrative jurisdiction, Defense Supply Center, Columbus, Ohio.

Sec. 2822. Land conveyance, Browning Army Reserve Center, Utah.

Sec. 2823. Land exchange, Arlington County, Virginia.

Sec. 2824. Land conveyance, Hampton, Virginia.

Sec. 2825. Land conveyance, Seattle, Washington.

Sec. 2826. Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of Columbia.

Sec. 2827. Land conveyance, Honolulu, Hawaii.

Sec. 2828. Land conveyance, Portsmouth, Virginia.

Sec. 2829. Land conveyance, former Griffiss Air Force Base, New York.

Sec. 2830. Land exchange, Maxwell Air Force Base, Alabama.

Sec. 2831. Land exchange, Naval Air Station, Patuxent River, Maryland.

Sec. 2832. Land conveyance, March Air Force Base, California.

Sec. 2833. Land conveyance, Sunflower Army Ammunition Plant, Kansas.

Sec. 2834. Land conveyance, Naval Weapons Station, Charleston, South Carolina.

Sec. 2835. Land conveyance, Louisiana Army Ammunition Plant, Doyline, Louisiana.

Sec. 2836. Modification of authority for land conveyance, equipment and storage yard, Charleston, South Carolina.

Subtitle D--Other Matters

Sec. 2841. Department of Defense Follow-On Laboratory Revitalization Demonstration Program.

Sec. 2842. Jurisdiction and utilization of former public domain lands, Umatilla Chemical Depot, Oregon.

Sec. 2843. Development of heritage center for the National Museum of the United States Army.

Sec. 2844. Authority to settle claim of Oakland Base Reuse Authority and Redevelopment Agency of the City of Oakland, California.

Sec. 2845. Comptroller general report on closure of Department of Defense Dependent Elementary and Secondary Schools and commissary stores.

TITLE XXIX--MARITIME ADMINISTRATION

Sec. 2901. Modification of priority afforded applications for national defense tank vessel construction assistance.

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. Limitation on availability of funds for Modern Pit Facility.

Sec. 3112. Limitation on availability of funds for Advanced Nuclear Weapons Concepts Initiative.

Sec. 3113. Limited authority to carry out new projects under Facilities and Infrastructure Recapitalization Program after project selection deadline.

Sec. 3114. Modification of milestone and report requirements for National Ignition Facility.

Sec. 3115. Modification of submittal date of annual plan for stewardship, management, and certification of warheads in the nuclear weapons stockpile.

Sec. 3116. Defense site acceleration completion.

Sec. 3117. National Academy of Sciences study.

Sec. 3118. Annual report on expenditures for safeguards and security.

Sec. 3119. Authority to consolidate counterintelligence offices of Department of Energy and National Nuclear Security Administration within National Nuclear Security Administration.

Sec. 3120. Treatment of waste material.

Sec. 3121. Local stakeholder organizations for Department of Energy environmental management 2006 closure sites.

Sec. 3122. Report on maintenance of retirement benefits for certain workers at 2006 closure sites after closure of sites.

Sec. 3123. Report on Efforts of National Nuclear Security Administration to understand plutonium aging.

Subtitle C--Proliferation Matters

Sec. 3131. Modification of authority to use international nuclear materials protection and cooperation program funds outside the former Soviet Union.

Sec. 3132. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.

Subtitle D--Other Matters

Sec. 3141. Indemnification of Department of Energy contractors.

Sec. 3142. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel.

Sec. 3143. Enhancement of Energy Employees Occupational Illness Compensation Program authorities.

Sec. 3144. Support for public education in the vicinity of Los Alamos National Laboratory, New Mexico.

Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant to competitive contract.

Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders for acquisition of lands for Manhattan Project in World War II.

Subtitle E--Energy Employees Occupational Illness Compensation Program

Sec. 3161. Coverage of individuals employed at atomic weapons employer facilities during periods of residual contamination.

Sec. 3162. Update of report on residual contamination of facilities.

Sec. 3163. Workers compensation.

Sec. 3164. Termination of effect of other enhancements of Energy Employees Occupational Illness Compensation Program.

Sec. 3165. Sense of Senate on resource center for energy employees under Energy Employee Occupational Illness Compensation Program in Western New York and Western Pennsylvania region.

Sec. 3166. Review by Congress of individuals designated by President as members of cohort.

Sec. 3167. Inclusion of certain former nuclear weapons program workers in special exposure cohort under the Energy Employees Occupational Illness Compensation Program.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Disposal of ferromanganese.

Sec. 3302. Revisions to required receipt objectives for certain previously authorized disposals from the National Defense Stockpile.

Sec. 3303. Prohibition on storage of mercury at certain facilities.

TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT

Sec. 3401. Short Title.

Sec. 3402. Findings.

Sec. 3403. Definition of hate crime.

Sec. 3404. Support for criminal investigations and prosecutions by State and local law enforcement officials.

Sec. 3405. Grant Program.

Sec. 3406. Authorization for additional personnel to assist State and local law enforcement.

Sec. 3407. Prohibition of certain hate crime acts.

Sec. 3408. Duties of Federal Sentencing Commission.

Sec. 3409. Statistics.

Sec. 3410. Severability.

TITLE XXXV--ASSISTANCE TO FIREFIGHTERS

Sec. 3501. Short title.

Sec. 3502. Authority of Secretary of Homeland Security for Firefighter Assistance Program.

Sec. 3503. Grants to volunteer emergency medical service organizations.

Sec. 3504. Grants for automated external defibrillator devices.

Sec. 3505. Criteria for reviewing grant applications.

Sec. 3506. Financial assistance for firefighter safety programs.

Sec. 3507. Assistance for applications.

Sec. 3508. Reduced requirements for matching funds.

Sec. 3509. Grant recipient limitations.

Sec. 3510. Other considerations.

Sec. 3511. Reports to congress.

Sec. 3512. Technical corrections.

Sec. 3513. Authorization of appropriations.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term `congressional defense committees' means--

(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and

(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

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, $2,702,640,000.

(2) For missiles, $1,488,321,000.

(3) For weapons and tracked combat vehicles, $1,693,595,000.

(4) For ammunition, $1,598,302,000.

(5) For other procurement, $5,384,296,000.

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, $8,870,832,000.

(2) For weapons, including missiles and torpedoes, $2,183,829,000.

(3) For shipbuilding and conversion, $10,127,027,000.

(4) For other procurement, $4,904,978,000.

(b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal year 2005 for procurement for the Marine Corps in the amount of $1,303,203,000.

(c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be appropriated for fiscal year 2005 for procurement of ammunition for the Navy and the Marine Corps in the amount of $873,140,000.

SEC. 103. AIR FORCE.

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

(1) For aircraft, $13,033,674,000.

(2) For missiles, $4,635,613,000.

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

(4) For other procurement, $13,298,257,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year 2005 for Defense-wide procurement in the amount of $2,967,402,000.

Subtitle B--Army Programs

SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM.

(a) LIMITATION- Of the funds authorized to be appropriated under section 101(1) for the procurement of light utility helicopters, $45,000,000 may not be obligated or expended until 30 days after the date on which the Secretary of the Army submits to the congressional defense committees a report that contains--

(1) the Secretary's certification that all required documentation for the acquisition of light utility helicopters has been completed and approved; and

(2) the Army aviation modernization plan required by subsection (b).

(b) ARMY AVIATION MODERNIZATION PLAN- (1) Not later than March 1, 2005, the Secretary of the Army shall submit to the congressional defense committees an updated modernization plan for Army aviation.

(2) The updated Army aviation modernization plan shall contain, at a minimum, the following matters:

(A) The analysis on which the plan is based.

(B) A discussion of the Secretary's decision to terminate the Comanche helicopter program and to restructure the aviation force of the Army.

(C) The actions taken or to be taken to accelerate the procurement and development of aircraft survivability equipment for Army aircraft, together with a detailed list of aircraft survivability equipment that specifies such equipment by platform and by the related programmatic funding for procurement.

(D) A discussion of the conversion of Apache helicopters to block III configuration, including the rationale for converting only 501 Apache helicopters to that configuration and the costs associated with a conversion of all Apache helicopters to the block III configuration.

(E) A discussion of the procurement of light armed reconnaissance helicopters, including the rationale for the requirement for light armed reconnaissance helicopters and a discussion of the costs associated with upgrading the light armed reconnaissance helicopter to meet Army requirements.

(F) The rationale for the Army's requirement for light utility helicopters, together with a summary and copy of the analysis of the alternative means for meeting such requirement that the Secretary considered in the determination to procure light utility helicopters, including, at a minimum, the analysis of the alternative of using light armed reconnaissance helicopters and UH-60 Black Hawk helicopters instead of light utility helicopters to meet such requirement.

(G) The rationale for the procurement of cargo fixed-wing aircraft.

(H) The rationale for the initiation of a joint multi-role helicopter program.

(I) A description of the operational employment of the Army's restructured aviation force.

SEC. 112. UP-ARMORED HIGH MOBILITY MULTI-PURPOSE WHEELED VEHICLES OR WHEELED VEHICLE BALLISTIC ADD-ON ARMOR PROTECTION.

(a) AMOUNT- Of the amount authorized to be appropriated for the Army for fiscal year 2005 for other procurement under section 101(5), $610,000,000 shall be available for both of the purposes described in subsection (b) and may be used for either or both of such purposes.

(b) PURPOSES- The purposes referred to in subsection (a) are as follows:

(1) The procurement of up-armored high mobility multi-purpose wheeled vehicles at a rate up to 450 such vehicles each month.

(2) The procurement of wheeled vehicle ballistic add-on armor protection.

(c) ALLOCATION BY SECRETARY OF THE ARMY- (1) The Secretary of the Army shall allocate the amount available under subsection (a) between the two purposes set forth in subsection (b) as the Secretary determines appropriate to meet the requirements of the Army.

(2) Not later than 15 days before making an allocation under paragraph (1), the Secretary shall transmit a notification of the proposed allocation to the congressional defense committees.

(d) PROHIBITION ON USE FOR OTHER PURPOSES- The amount available under subsection (a) may not be used for any purpose other than a purpose specified in subsection (b).

SEC. 113. COMMAND-AND-CONTROL VEHICLES OR FIELD ARTILLERY AMMUNITION SUPPORT VEHICLES.

(a) INCREASED AMOUNT FOR PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES- The amount authorized to be appropriated under section 101(3) is hereby increased by $5,000,000.

(b) AMOUNT FOR COMMAND-AND-CONTROL VEHICLES OR FIELD ARTILLERY AMMUNITION SUPPORT VEHICLES- Of the amount authorized to be appropriated under section 101(3), $5,000,000 may be used for the procurement of command-and-control vehicles or field artillery ammunition support vehicles.

(c) OFFSET- The amount authorized to be appropriated by section 421 is hereby reduced by $5,000,000, with the amount of the reduction to be derived from excess amounts provided for military personnel of the Air Force.

Subtitle C--Navy Programs

SEC. 121. LHA(R) AMPHIBIOUS ASSAULT SHIP PROGRAM.

(a) AUTHORIZATION OF SHIP- The Secretary of the Navy is authorized to procure the first amphibious assault ship of the LHA(R) class, subject to the availability of appropriations for that purpose.

(b) AUTHORIZED AMOUNT- Of the amount authorized to be appropriated under section 102(a)(3) for fiscal year 2005, $150,000,000 shall be available for the advance procurement and advance construction of components for the first amphibious assault ship of the LHA(R) class. The Secretary of the Navy may enter into a contract or contracts with the shipbuilder and other entities for the advance procurement and advance construction of those components.

SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT WEIGHT 155-MILLIMETER HOWITZER PROGRAM.

(a) AUTHORITY- Beginning with the fiscal year 2005 program year, the Secretary of the Navy may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract for the procurement of the light weight 155-millimeter howitzer.

(b) LIMITATION- The Secretary may not enter into a multiyear contract for the procurement of light weight 155 millimeter howitzers under subsection (a) until the Secretary determines on the basis of operational testing that the light weight 155-millimeter howitzer is effective for fleet use.

SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF SUBMARINE ENGINEERED REFUELING OVERHAUL AND CONVERSION.

(a) ESTABLISHMENT- The Secretary of the Navy may carry out a pilot program of flexible funding of engineered refueling overhauls and conversions of submarines in accordance with this section.

(b) AUTHORITY- Under the pilot program, the Secretary of the Navy may, subject to subsection (d), transfer amounts described in subsection (c) to the authorization of appropriations for the Navy for procurement for shipbuilding and conversion for any fiscal year to continue to provide authorization of appropriations for any engineered refueling conversion or overhaul of a submarine of the Navy for which funds were initially provided on the basis of the authorization of appropriations to which transferred.

(c) AMOUNTS AVAILABLE FOR TRANSFER- The amounts available for transfer under this section are amounts authorized to be appropriated to the Navy for any fiscal year after fiscal year 2004 and before fiscal year 2013 for the following purposes:

(1) For procurement as follows:

(A) For shipbuilding and conversion.

(B) For weapons procurement.

(C) For other procurement.

(2) For operation and maintenance.

(d) LIMITATIONS- (1) A transfer may be made with respect to a submarine under this section only to meet either (or both) of the following requirements:

(A) An increase in the size of the workload for engineered refueling overhaul and conversion to meet existing requirements for the submarine.

(B) A new engineered refueling overhaul and conversion requirement resulting from a revision of the original baseline engineered refueling overhaul and conversion program for the submarine.

(2) A transfer may not be made under this section before the date that is 30 days after the date on which the Secretary of the Navy transmits to the congressional defense committees a written notification of the intended transfer. The notification shall include the following matters:

(A) The purpose of the transfer.

(B) The amounts to be transferred.

(C) Each account from which the funds are to be transferred.

(D) Each program, project, or activity from which the amounts are to be transferred.

(E) Each account to which the amounts are to be transferred.

(F) A discussion of the implications of the transfer for the total cost of the submarine engineered refueling overhaul and conversion program for which the transfer is to be made.

(e) MERGER OF FUNDS- A transfer made from one account to another with respect to the engineered refueling overhaul and conversion of a submarine under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred and shall be available for the engineered refueling overhaul and conversion of such submarine for the same period as the account to which transferred.

(f) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The authority to make transfers under this section is in addition to any other transfer authority provided in this or any other Act and is not subject to any restriction, limitation, or procedure that is applicable to the exercise of any such other authority.

(g) FINAL REPORT- Not later than October 1, 2011, the Secretary of the Navy shall submit to the congressional defense committees a report containing the Secretary's evaluation of the efficacy of the authority provided under this section.

(h) TERMINATION OF PROGRAM- No transfer may be made under this section after September 30, 2012.

Subtitle D--Air Force Programs

SEC. 131. PROHIBITION OF RETIREMENT OF KC-135E AIRCRAFT.

The Secretary of the Air Force may not retire any KC-135E aircraft of the Air Force in fiscal year 2005.

SEC. 132. PROHIBITION OF RETIREMENT OF F-117 AIRCRAFT.

No F-117 aircraft in use by the Air Force during fiscal year 2004 may be retired during fiscal year 2005.

SEC. 133. SENIOR SCOUT MISSION BED-DOWN INITIATIVE.

(a) AMOUNT FOR PROGRAM- The amount authorized to be appropriated by section 103(1) is hereby increased by $2,000,000, with the amount of the increase to be available for a bed-down initiative to enable the C-130 aircraft of the Idaho Air National Guard to be the permanent carrier of the SENIOR SCOUT mission shelters of the 169th Intelligence Squadron of the Utah Air National Guard.

(b) OFFSET- The amount authorized to be appropriated by section 421 is hereby reduced by $2,000,000, with the amount of the reduction to be derived from excess amounts provided for military personnel of the Air Force.

Subtitle E--Other Matters

SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF PRECISION-GUIDED MUNITIONS.

(a) REQUIREMENT FOR REPORT- Not later than March 1, 2005, the Secretary of Defense shall submit a report on options for the acquisition of precision-guided munitions to the congressional defense committees.

(b) CONTENT OF REPORT- The report shall include the following matters:

(1) A list of the precision-guided munitions in the inventory of the Department of Defense.

(2) For each such munition--

(A) the inventory level as of the most recent date that it is feasible to specify when the report is prepared;

(B) the inventory objective that is necessary to execute the current National Military Strategy prescribed by the Chairman of the Joint Chiefs of Staff;

(C) the year in which that inventory objective would be expected to be achieved--

(i) if the munition were procured at the minimum sustained production rate;

(ii) if the munition were procured at the most economic production rate; and

(iii) if the munition were procured at the maximum production rate; and

(D) the procurement cost (in constant fiscal year 2004 dollars) at each of the production rates specified in subparagraph (C).

SEC. 142. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL INFORMATION GRID BANDWIDTH EXPANSION (GIG-BE) NETWORK.

(a) REPORT REQUIRED- Not later that 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on a test program to demonstrate the maturity and effectiveness of the Global Information Grid-Bandwidth Expansion (GIG-BE) network architecture.

(b) CONTENTS OF REPORT- The report under subsection (a) shall--

(1) determine whether the results of the test program described in subsection (a) demonstrate compliance of the GIG-BE architecture with the overall goals of the GIG-BE program;

(2) identify--

(A) the extent to which the GIG-BE architecture does not meet the overall goals of the program; and

(B) the components that are not yet sufficiently developed to achieve the overall goals of the program;

(3) include a plan and cost estimates for achieving compliance; and

(4) document the equipment and network configuration used to demonstrate real-world scenarios within the continental United States.

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, $9,686,958,000.

(2) For the Navy, $16,679,391,000.

(3) For the Air Force, $21,264,267,000.

(4) For Defense-wide activities, $20,635,937,000, of which $309,135,000 is authorized for the Director of Operational Test and Evaluation.

SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

(a) AMOUNT FOR PROJECTS- Of the total amount authorized to be appropriated by section 201, $10,998,850,000 shall be available for science and technology projects.

(b) SCIENCE AND TECHNOLOGY DEFINED- In this section, the term `science and technology project' means work funded in program elements for defense research, development, test, and evaluation under Department of Defense budget activities 1, 2, or 3.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. DD(X)-CLASS DESTROYER PROGRAM.

(a) AUTHORIZATION OF SHIP- For the second destroyer in the DD(X)-class destroyer program, the Secretary of the Navy is authorized to use funds authorized to be appropriated to the Navy under section 201(2).

(b) AMOUNT FOR DETAIL DESIGN- Of the amount authorized to be appropriated under section 201(2) for fiscal year 2005, $99,400,000 shall be available for the detail design of the second destroyer of the DD(X)-class.

SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE.

Not more than 80 percent of the amount authorized to be appropriated by section 201(4) and available for the purpose of research, development, test, and evaluation on the Global Positioning System III satellite may be obligated or expended for that purpose until the Secretary of Defense--

(1) completes an analysis of alternatives for the satellite and ground architectures, satellite technologies, and tactics, techniques, and procedures for the next generation global positioning system (GPS); and

(2) submits to the congressional defense committees a report on the results of the analysis, including an assessment of the results of the analysis.

SEC. 213. INITIATION OF CONCEPT DEMONSTRATION OF GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.

Section 221(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-40) is amended by striking `March 1, 2001' and inserting `March 1, 2005'.

SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.

(a) EXECUTIVE COMMITTEE- (1) The Secretary of Defense shall, subject to subsection (b), establish and require an executive committee to provide guidance and recommendations for the management of the Joint Unmanned Combat Air Systems program to the Director of the Defense Advanced Research Projects Agency and the personnel who are managing the program for such agency.

(2) The executive committee established under paragraph (1) shall be composed of the following members:

(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics, who shall chair the executive committee.

(B) The Assistant Secretary of the Navy for Research, Development, and Acquisition.

(C) The Assistant Secretary of the Air Force for Acquisition.

(D) The Deputy Chief of Naval Operations for Warfare Requirements and Programs.

(E) The Deputy Chief of Staff of the Air Force for Air and Space Operations.

(F) Any additional personnel of the Department of Defense whom the Secretary determines appropriate for membership on the executive committee.

(b) APPLICABILITY ONLY TO DARPA-MANAGED PROGRAM- The requirements of subsection (a) apply with respect to the Joint Unmanned Combat Air Systems program only while the program is managed by the Defense Advanced Research Projects Agency.

SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.

(a) REQUIREMENT FOR STUDY- The Secretary of Defense shall require the Defense Science Board to conduct a study on the Joint Strike Fighter aircraft program.

(b) MATTERS TO BE STUDIED- The study shall include, for each of the three variants of the Joint Strike Fighter aircraft, the following matters:

(1) The current status.

(2) The extent of the effects of excess aircraft weight on estimated performance.

(3) The validity of the technical approaches being considered to achieve the required performance.

(4) The risks of those technical approaches.

(5) A list of any alternative technical approaches that have the potential to achieve the required performance.

(c) REPORT- The Secretary shall submit a report on the results of the study to the congressional defense committees at the same time that the President submits the budget for fiscal year 2006 to Congress under section 1105(a) of title 31, United States Code.

SEC. 216. JOINT EXPERIMENTATION.

(a) DEFENSE-WIDE PROGRAM ELEMENT- The Secretary of Defense shall plan, program, and budget for all joint experimentation of the Armed Forces as a separate, dedicated program element under research, development, test, and evaluation, Defense-wide activities.

(b) Applicability to Fiscal Years After Fiscal Year 2005- This section shall apply with respect to fiscal years beginning after 2005.

SEC. 217. INFRASTRUCTURE SYSTEM SECURITY ENGINEERING DEVELOPMENT FOR THE NAVY.

(a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY- The amount authorized to be appropriated by section 201(2) for research, development, test and evaluation, Navy, is hereby increased by $3,000,000.

(b) AVAILABILITY OF AMOUNT FOR INFRASTRUCTURE SYSTEM SECURITY ENGINEERING DEVELOPMENT- Of the amount authorized to be appropriated by section 201(2) for research, development, test, and evaluation, Navy, as increased by subsection (a), $3,000,000 may be available for infrastructure system security engineering development.

(c) OFFSET- (1) The amount authorized to be appropriated by section 101(5) for other procurement, Army, is hereby reduced by $1,000,000, with the amount of the reduction to be allocated to Buffalo Landmine Vehicles.

(2) The amount authorized to be appropriated by section 102(b) for procurement for the Marine Corps is hereby reduced by $500,000, with the amount of the reduction to be allocated to Combat Casualty Care.

(3) The amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation, Army, is hereby reduced by $1,000,000, with the amount of the reduction to the allocated to Active Coating Technology.

(4) The amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, is hereby reduced by $500,000, with the amount of the reduction to be allocated to Radiation Hardened Complementary Metal Oxide Semi-Conductors.

SEC. 218. NEUROTOXIN MITIGATION RESEARCH.

(a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE-WIDE- The amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, is hereby increased by $2,000,000.

(b) AVAILABILITY FOR NEUROTOXIN MITIGATION RESEARCH- Of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, as increased by subsection (a), $2,000,000 may be available in Program Element PE 62384BP for neurotoxin mitigation research.

(c) OFFSET- The amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army is hereby reduced by $2,000,000, with the amount of the reduction to be allocated to Satellite Communications Language training activity (SCOLA) at the Army Defense Language Institute.

SEC. 219. SPIRAL DEVELOPMENT OF JOINT THREAT WARNING SYSTEM MARITIME VARIANTS.

(a) AMOUNT FOR PROGRAM- The amount authorized to be appropriated by section 201(4) is hereby increased by $2,000,000, with the amount of the increase to be available in the program element PE 1160405BB for joint threat warning system maritime variants.

SEC. 220. ADVANCED FERRITE ANTENNA.

(a) AMOUNT FOR DEVELOPMENT AND TESTING- Of the amount authorized to be appropriated under section 201(2), $3,000,000 may be available for development and testing of the Advanced Ferrite Antenna.

(b) OFFSET- The amount authorized to be appropriated by section 421 is hereby reduced by $3,000,000, with the amount of the reduction to be derived from excess amounts provided for military personnel of the Air Force.

SEC. 221. PROTOTYPE LITTORAL ARRAY SYSTEM FOR OPERATING SUBMARINES.

(a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY- The amount authorized to be appropriated by section 201(2) for research, development, test, and evaluation for the Navy is hereby increased by $5,000,000.

(b) AVAILABILITY OF AMOUNT- Of the amount authorized to be appropriated by section 201(2) for research, development, test, and evaluation for the Navy, as increased by subsection (a), $5,000,000 may be available for Program Element PE 0604503N for the design, development, and testing of a prototype littoral array system for operating submarines.

SEC. 222. ADVANCED MANUFACTURING TECHNOLOGIES AND RADIATION CASUALTY RESEARCH.

(a) ADDITIONAL AMOUNT FOR ADVANCED MANUFACTURING STRATEGIES- Of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, the amount available for Advanced Manufacturing Technologies (PE 0708011S) is hereby increased by $2,000,000.

(b) AMOUNT FOR RADIATION CASUALTY RESEARCH- Of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, $3,000,000 may be available for Radiation Casualty Research (PE 0603002D8Z).

Subtitle C--Ballistic Missile Defense

SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

Funds authorized to be appropriated under section 201(4) for the Missile Defense Agency may be used for the development and fielding of an initial set of ballistic missile defense capabilities.

SEC. 232. PATRIOT ADVANCE CAPABILITY-3 AND MEDIUM EXTENDED AIR DEFENSE SYSTEM.

(a) OVERSIGHT- In the management of the combined program for the acquisition of the Patriot Advanced Capability-3 missile system and the Medium Extended Air Defense System, the Secretary of Defense shall require the Secretary of the Army to obtain the approval of the Director of the Missile Defense Agency before the Secretary of the Army--

(1) either--

(A) changes any system level technical specifications that are in effect under the program as of the date of the enactment of this Act; or

(B) establishes any new system level technical specifications after such date;

(2) makes any significant change in a procurement quantity (including any quantity in any future block procurement) that, as of such date, is planned for--

(A) the Patriot Advanced Capabilities-3 missile system; or

(B) PAC-3 configuration-3 radars, launchers, or fire control units; or

(3) changes the baseline development schedule that is in effect for the program as of the date of the enactment of this Act.

(b) DEFINITIONS- In this section:

(1) The term `system level technical specifications', with respect to a system to which this section applies, means technical specifications expressed in terms of technical performance, including test specifications, that affect the ability of the system to contribute to the capability of the ballistic missile defense system of the United States, as determined by the Director of the Missile Defense Agency.

(2) The term `significant change', with respect to a planned procurement quantity, means any change of such quantity that would result in a significant change in the contribution that, as of the date of the enactment of this Act, is planned for the Patriot Advanced Capability-3 system to make to the ballistic missile defense system of the United States.

(3) The term `baseline development schedule' means the schedule on which technology upgrades for the combined acquisition program referred to in subsection (a) are planned for development.

(4) The terms `Patriot Advanced Capability-3' and `PAC-3 configuration-3'--

(A) mean the air and missile defense system that, as of June 1, 2004, is referred to by either such name in the management of the combined acquisition program referred to in subsection (a); and

(B) include such system as it is improved with new air and missile defense technologies.

SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE PROGRAMS.

(a) ANNUAL ASSESSMENTS- At the conclusion of each of 2004 through 2009, the Comptroller General of the United States shall conduct an assessment of the extent to which each ballistic missile defense program met the cost, scheduling, testing, and performance goals for such program for such year as established pursuant to section 232(c) of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note).

(b) REPORTS ON ANNUAL ASSESSMENTS- Not later than February 15 of each of 2005 through 2010, the Comptroller General shall submit to the congressional defense committees a report on the assessment conducted by the Comptroller General under subsection (a) for the previous year.

SEC. 234. BASELINES AND OPERATIONAL TEST AND EVALUATION FOR BALLISTIC MISSILE DEFENSE SYSTEM.

(a) TESTING CRITERIA- Not later than February 1, 2005, the Secretary of Defense, in consultation with the Director of Operational Test and Evaluation, shall prescribe appropriate criteria for operationally realistic testing of fieldable prototypes developed under the ballistic missile defense spiral development program. The Secretary shall submit a copy of the prescribed criteria to the congressional defense committees.

(b) USE OF CRITERIA- (1) The Secretary of Defense shall ensure that, not later than October 1, 2005, a test of the ballistic missile defense system is conducted consistent with the criteria prescribed under subsection (a).

(2) The Secretary of Defense shall ensure that each block configuration of the ballistic missile defense system is tested consistent with the criteria prescribed under subsection (a).

(c) RELATIONSHIP TO OTHER LAW- Nothing in this section shall be construed to exempt any spiral development program of the Department of Defense, after completion of the spiral development, from the applicability of any provision of chapter 144 of title 10, United States Code, or section 139, 181, 2366, 2399, or 2400 of such title in accordance with the terms and conditions of such provision.

(d) EVALUATION- (1) The Director of Operational Test and Evaluation shall evaluate the results of each test conducted under subsection (a) as soon as practicable after the completion of such test.

(2) The Director shall submit to the Secretary of Defense and the congressional defense committees a report on the evaluation of each test conducted under subsection (a) upon completion of the evaluation of such test under paragraph (1).

(e) COST, SCHEDULE, AND PERFORMANCE BASELINES- (1) The Director of the Missile Defense Agency shall establish cost, schedule, and performance baselines for each block configuration of the Ballistic Missile Defense System being fielded. The cost baseline for a block configuration shall include full life cycle costs for the block configuration.

(2) The Director shall include the baselines established under paragraph (1) in the first Selected Acquisition Report for the Ballistic Missile Defense System that is submitted to Congress under section 2432 of title 10, United States Code, after the establishment of such baselines.

(3) The Director shall also include in the Selected Acquisition Report submitted to Congress under paragraph (2) the significant assumptions used in determining the performance baseline under paragraph (1), including any assumptions regarding threat missile countermeasures and decoys.

(f) VARIATIONS AGAINST BASELINES- In the event the cost, schedule, or performance of any block configuration of the Ballistic Missile Defense System varies significantly (as determined by the Director of the Ballistic Missile Defense Agency) from the applicable baseline established under subsection (d), the Director shall include such variation, and the reasons for such variation, in the Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States Code.

(g) MODIFICATIONS OF BASELINES- In the event the Director of the Missile Defense Agency elects to undertake any modification of a baseline established under subsection (d), the Director shall submit to the congressional defense committees a report setting forth the reasons for such modification.

Subtitle D--Other Matters

SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY INSERTION.

(a) REPORT REQUIRED- (1) For each of fiscal years 2006, 2007, 2008, and 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the submarine technologies that are available or potentially available for insertion in submarines of the Navy to reduce the production and operating costs of the submarines while maintaining or improving the effectiveness of the submarines.

(2) The annual report for a fiscal year under paragraph (1) shall be submitted at the same time that the President submits to Congress the budget for that fiscal year under section 1105(a) of title 31, United States Code.

(b) CONTENT- The report on submarine technologies under subsection (a) shall include, for each class of submarines of the Navy, the following matters:

(1) A list of the technologies that have been demonstrated, together with--

(A) a plan for the insertion of any such technologies that have been determined appropriate for such submarines; and

(B) the estimated cost of such technology insertions.

(2) A list of the technologies that have not been demonstrated, together with a plan for the demonstration of any such technologies that have the potential for being appropriate for such submarines.

SEC. 242. SENSE OF THE SENATE REGARDING FUNDING OF THE ADVANCED SHIPBUILDING ENTERPRISE UNDER THE NATIONAL SHIPBUILDING RESEARCH PROGRAM OF THE NAVY.

(a) FINDINGS- Congress makes the following findings:

(1) The budget for fiscal year 2005, as submitted to Congress by the President, provides $10,300,000 for the Advanced Shipbuilding Enterprise under the National Shipbuilding Research Program of the Navy.

(2) The Advanced Shipbuilding Enterprise is an innovative program to encourage greater efficiency in the national technology and industrial base.

(3) The leaders of the United States shipbuilding industry have embraced the Advanced Shipbuilding Enterprise as a method for exploring and collaborating on innovation in shipbuilding and ship repair that collectively benefits all components of the industry.

(b) SENSE OF THE SENATE- It is the sense of the Senate--

(1) that the Senate--

(A) strongly supports the innovative Advanced Shipbuilding Enterprise under the National Shipbuilding Research Program as an enterprise between the Navy and industry that has yielded new processes and techniques that reduce the cost of building and repairing ships in the United States; and

(B) is concerned that the future-years defense program of the Department of Defense that was submitted to Congress for fiscal year 2005 does not reflect any funding for the Advanced Shipbuilding Enterprise after fiscal year 2005; and

(2) that the Secretary of Defense should continue to provide in the future-years defense program for funding the Advanced Shipbuilding Enterprise at a sustaining level in order to support additional research to further reduce the cost of designing, building, and repairing ships.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

(1) For the Army, $26,305,611,000.

(2) For the Navy, $29,702,790,000.

(3) For the Marine Corps, $3,682,727,000.

(4) For the Air Force, $27,423,560,000.

(5) For Defense-wide activities, $17,453,576,000.

(6) For the Army Reserve, $1,925,728,000.

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

(8) For the Marine Corps Reserve, $197,496,000.

(9) For the Air Force Reserve, $2,154,790,000.

(10) For the Army National Guard, $4,227,236,000.

(11) For the Air National Guard, $4,366,738,000.

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

(13) For Environmental Restoration, Army, $405,598,000.

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

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

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

(17) For Environmental Restoration, Formerly Used Defense Sites, $256,516,000.

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

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

SEC. 302. WORKING CAPITAL FUNDS.

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

(1) For the Defense Working Capital Funds, $1,625,686,000.

(2) For the National Defense Sealift Fund, $1,269,252,000.

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, $17,992,211,000, of which--

(1) $17,555,169,000 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, $1,518,990,000, of which--

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

(B) $301,209,000 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, $164,562,000, of which--

(1) $162,362,000 is for Operation and Maintenance;

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

(3) $2,100,000 is for Procurement.

SEC. 304. AMOUNT FOR ONE SOURCE MILITARY COUNSELING AND REFERRAL HOTLINE.

(a) AUTHORIZATION OF APPROPRIATION OF ADDITIONAL AMOUNT- The amount authorized to be appropriated under section 301(5) is hereby increased by $5,000,000, which shall be available (in addition to other amounts available under this Act for the same purpose) only for the Department of Defense One Source counseling and referral hotline.

(b) OFFSET- The amount authorized to be appropriated by section 421 is hereby reduced by $5,000,000, with the amount of the reduction to be derived from excess amounts provided for military personnel of the Air Force.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 311. COMMANDER'S EMERGENCY RESPONSE PROGRAM.

(a) FUNDING- Of the amounts authorized to be appropriated for fiscal year 2005 by section 301(5) for operation and maintenance for Defense-wide activities, not more than $300,000,000 may be made available in fiscal year 2005 for the following:

(1) The Commander's Emergency Response Program, which was established by the Administrator of the Coalition Provisional Authority for the purpose of enabling United States military commanders in Iraq to respond to urgent humanitarian relief and reconstruction needs within their areas of responsibility by carrying out programs to provide immediate assistance to the people of Iraq.

(2) A similar program to enable United States military commanders in Afghanistan to respond in such manner to similar needs in Afghanistan.

(b) QUARTERLY REPORTS REQUIRED- The Secretary of Defense shall submit to the congressional defense committees on a quarterly basis reports on the use of amounts made available under subsection (a).

SEC. 312. LIMITATION ON TRANSFERS OUT OF WORKING CAPITAL FUNDS.

Section 2208 of title 10, United States Code, is amended by adding at the end the following new subsection:

`(r) LIMITATION ON TRANSFERS- (1) Notwithstanding any authority for transfer of funds provided in this section, no transfer may be made out of a working capital fund or between or among working capital funds under such authority unless the Secretary of Defense has submitted a notification of the proposed transfer to the congressional defense committees in accordance with customary procedures.

`(2) The amount of a transfer covered by a notification under paragraph (1) that is proposed to be made in a fiscal year does not count for the purpose of any limitation on the total amount of transfers that may be made for that fiscal year under authority provided to the Secretary of Defense in a law authorizing appropriations for a fiscal year for military activities of the Department of Defense or a law making appropriations for the Department of Defense.'.

SEC. 313. FAMILY READINESS PROGRAM OF THE NATIONAL GUARD.

(a) AMOUNT FOR PROGRAM- The amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army is hereby increased by $10,000,000 for the Family Readiness Program of the National Guard.

(b) OFFSET- The amount authorized to be appropriated by section 421 is hereby reduced by $10,000,000, with the amount of the reduction to be derived from excess amounts provided for military personnel of the Air Force.

Subtitle C--Environmental Provisions

SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN CONNECTION WITH DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.

(a) PAYMENT FOR ACTIVITIES AT FORMER DEFENSE PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL ACTION- Section 2701(d) of title 10, United States Code, is amended--

(1) in paragraph (1), by striking `paragraph (3)' and inserting `paragraph (4)';

(2) by redesignating paragraphs (2), (3), and (4), as paragraphs (3), (4), and (5), respectively; and

(3) by inserting after paragraph (1) the following new paragraph (2):

`(2) ACTIVITIES AT CERTAIN FORMER DEFENSE PROPERTY- In addition to agreements under paragraph (1), the Secretary may also enter into agreements with owners of property subject to a covenant provided by the United States under section 120(h)(3)(A)(ii) of CERCLA (42 U.S.C. 9620(h)(3)(A)(ii)) to reimburse the owners of such property for activities under this section with respect to such property by reason of the covenant.'.

(b) SOURCE OF FUNDS FOR FORMER BRAC PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL ACTION- Section 2703 of such title is amended--

(1) in subsection (g)(1), by striking `The sole source' and inserting `Except as provided in subsection (h), the sole source'; and

(2) by adding at the end the following new subsection:

`(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL REMEDIATION AT CERTAIN BASE REALIGNMENT AND CLOSURE SITES- In the case of property disposed of pursuant to a base closure law and subject to a covenant described in section 2701(d)(2) of this title, the sole source of funds for activities under such section shall be the base closure account established under the applicable base closure law.'.

SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON.

(a) AUTHORITY TO REIMBURSE- (1) Using funds described in subsection (b), the Secretary of Defense may transfer not more than $524,926.54 to the Moses Lake Wellfield Superfund Site 10-6J Special Account.

(2) The payment under paragraph (1) is to reimburse the Environmental Protection Agency for its costs, including interest, incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington.

(3) The reimbursement described in paragraph (2) is provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.

(b) SOURCE OF FUNDS- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(17) for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites.

(c) USE OF FUNDS- The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Moses Lake Wellfield Superfund Site.

SEC. 323. SATISFACTION OF CERTAIN AUDIT REQUIREMENTS BY THE INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE.

(a) SATISFACTION OF REQUIREMENTS- The Inspector General of the Department of Defense shall be deemed to be in compliance with the requirements of subsection (k) of section 111 of Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) if the Inspector General conducts periodic audits of the payments, obligations, reimbursements and other uses of the Fund described in that section, even if such audits do not occur on an annual basis.

(b) REPORTS TO CONGRESS ON AUDITS- The Inspector General shall submit to Congress a report on each audit conducted by the Inspector General as described in subsection (a).

SEC. 324. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING WATER CONTAMINATION AND RELATED HEALTH EFFECTS AT CAMP LEJEUNE, NORTH CAROLINA.

(a) STUDY- The Comptroller General of the United States shall conduct a study on drinking water contamination and related health effects at Camp Lejeune, North Carolina. The study shall consist of the following:

(1) A study of the history of drinking water contamination at Camp Lejeune to determine, to the extent practical--

(A) what contamination has been found in the drinking water;

(B) the source of such contamination and when it may have begun;

(C) when Marine Corps officials first became aware of such contamination;

(D) what actions have been taken to address such contamination;

(E) the appropriateness of such actions in light of the state of knowledge regarding contamination of that type, and applicable legal requirements regarding such contamination, as of the time of such actions; and

(F) any other matters that the Comptroller General considers appropriate.

(2) An assessment of the study on the possible health effects associated with the drinking of contaminated drinking water at Camp Lejeune as proposed by the Agency for Toxic Substances and Disease Registry (ATSDR), including whether the proposed study--

(A) will address the appropriate at-risk populations;

(B) will encompass an appropriate timeframe;

(C) will consider all relevant health effects; and

(D) can be completed on an expedited basis without compromising its quality.

(b) AUTHORITY TO USE EXPERTS- The Comptroller General may use experts in conducting the study required by subsection (a). Any such experts shall be independent, highly qualified, and knowledgeable in the matters covered by the study.

(c) PARTICIPATION BY OTHER INTERESTED PARTIES- In conducting the study required by subsection (a), the Comptroller General shall ensure that interested parties, including individuals who lived or worked at Camp Lejeune during the period when the drinking water may have been contaminated, have the opportunity to submit information and views on the matters covered by the study.

(d) CONSTRUCTION WITH ATSDR STUDY- The requirement under subsection (a) that the Comptroller General conduct the study required by paragraph (2) of that subsection may not be construed as a basis for the delay of the study proposed by Agency for Toxic Substances and Disease Registry as described in that subsection, but is intended to provide an independent review of the appropriateness and credibility of the study proposed by the Agency and to identify possible improvements in the plan or implementation of the study proposed by the Agency.

(e) REPORT- (1) Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the study required by subsection (a), including such recommendations as the Comptroller General considers appropriate for further study or for legislative or other action.

(2) Recommendations under paragraph (1) may include recommendations for modifications or additions to the study proposed by the Agency for Toxic Substances and Disease Registry, as described in subsection (a)(2), in order to improve the study.

SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF ENVIRONMENTAL REMEDIATION, FRONT ROYAL, VIRGINIA.

Section 591(a)(2) of the Water Resources Development Act of 1999 (Public Law 106-53; 113 Stat. 378) is amended by striking `$12,000,000' and inserting `$22,000,000'.

SEC. 326. COMPTROLLER GENERAL STUDY AND REPORT ON ALTERNATIVE TECHNOLOGIES TO DECONTAMINATE GROUNDWATER AT DEPARTMENT OF DEFENSE INSTALLATIONS.

(a) COMPTROLLER GENERAL STUDY- The Comptroller General of the United States shall conduct a study to determine whether or not cost-effective technologies are available to the Department of Defense for the cleanup of groundwater contamination at Department installations in lieu of traditional methods, such as pump and treat, that can be expensive and take many years to complete.

(b) ELEMENTS- The study under subsection (a) shall include the following:

(1) An identification of current technologies being used or field tested by the Department to treat groundwater at Department installations, including the contaminants being addressed.

(2) An identification of cost-effective technologies described in that subsection that are currently under research, under development by commercial vendors, or available commercially and being used outside the Department and that have potential for use by the Department to address the contaminants identified under paragraph (1).

(3) An evaluation of the potential benefits and limitations of using the technologies identified under paragraphs (1) and (2).

(4) A description of the barriers, such as cost, capability, or legal restrictions, to using the technologies identified under paragraph (2).

(5) Any other matters the Comptroller General considers appropriate.

(c) REPORT- By April 1, 2005, the Comptroller General shall submit to Congress a report on the study under subsection (a). The report shall include the results of the study and any recommendations, including recommendations for administrative or legislative action, that the Comptroller General considers appropriate.

SEC. 327. SENSE OF SENATE ON PERCHLORATE CONTAMINATION OF GROUND AND SURFACE WATER.

(a) FINDINGS- The Senate makes the following findings:

(1) Because finite water sources in the United States are stretched by regional drought conditions and increasing demand for water supplies, there is increased need for safe and dependable supplies of fresh water for drinking and use for agricultural purposes.

(2) Perchlorate, a naturally occurring and manmade compound with medical, commercial, and national defense applications, which has been used primarily in military munitions and rocket fuels, has been detected in fresh water sources intended for use as drinking water and water necessary for the production of agricultural commodities.

(3) If ingested in sufficient concentration and in adequate duration, perchlorate may interfere with thyroid metabolism, and this effect may impair the normal development of the brain in fetuses and newborns.

(4) The Federal Government has not yet established a drinking water standard for perchlorate.

(5) The National Academy of Sciences is conducting an assessment of the state of the science regarding the effects on human health of perchlorate ingestion that will aid in understanding the effect of perchlorate exposure on sensitive populations.

(b) SENSE OF SENATE- It is the sense of the Senate that--

(1) perchlorate has been identified as a contaminant of drinking water sources or in the environment in 34 States and has been used or manufactured in 44 States;

(2) perchlorate exposure at or above a certain level may adversely affect public health, particularly the health of vulnerable and sensitive populations; and

(3) the Department of Defense should--

(A) work to develop a national plan to remediate perchlorate contamination of the environment resulting from Department's activities to ensure the Department is prepared to respond quickly and appropriately once a drinking water standard is established;

(B) in cases in which the Department is already remediating perchlorate contamination, continue that remediation;

(C) prior to the development of a drinking water standard for perchlorate, develop a plan to remediate perchlorate contamination in cases in which such contamination from the Department's activities is present in ground or surface water at levels that pose a hazard to human health; and

(D) continue the process of evaluating and prioritizing sites without waiting for the development of a Federal standard.

SEC. 328. AMOUNT FOR RESEARCH AND DEVELOPMENT FOR IMPROVED PREVENTION OF LEISHMANIASIS.

(a) INCREASE IN AMOUNT FOR DEFENSE HEALTH PROGRAM- The amount authorized to be appropriated by section 303(a)(2) for the Defense Health Program for research, development, test, and evaluation is hereby increased by $500,000, with the amount of the increase to be available for purposes relating to Leishmaniasis Diagnostics Laboratory.

(b) INCREASE IN AMOUNT FOR RDT&E, ARMY FOR LEISHMANIASIS TOPICAL TREATMENT- The amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation, Army, as increased by subsection (b), is hereby further increased by $4,500,000, with the amount of the increase to be available in Program Element PE 0604807A for purposes relating to Leishmaniasis Topical Treatment.

SEC. 329. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING UTAH TEST AND TRAINING RANGE, UTAH.

(a) Report Required- (1) 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 Tr