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S. 222 (enr) To approve the settlement of the water rights claims of the Zuni Indian Tribe in Apache County, Arizona, and for other purposes. [Enrolled bill] ...


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108th CONGRESS
  2d Session
                                S. 2229

     To authorize appropriations for fiscal year 2005 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2004, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2004

  Mr. Warner (for himself and Mr. Levin) (by request) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
     To authorize appropriations for fiscal year 2005 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2004, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into two divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
            Subtitle B--Multiyear Procurement Authorization

Sec. 111. Multiyear procurement authority for the light weight 155 
                            millimeter howitzer program.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
                 Subtitle B--Ballistic Missile Defense

Sec. 211. Funding for Missile Defense Agency.
                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Other Department of Defense programs.
                  Subtitle B--Environmental Provisions

Sec. 311. Delegation of authority to the states to make certain 
                            environmental restoration determinations.
Sec. 312. Periodic audits of Superfund transactions.
Sec. 313. Payment of private cleanup costs.
Sec. 314. Removal to federal court of Clean Air Act and Safe Drinking 
                            Water Act cases.
Sec. 315. Reimbursement to the Environmental Protection Agency for 
                            certain costs in connection with the Moses 
                            Lake, Washington Superfund site.
Sec. 316. Prohibiting judicial review of incomplete CERCLA cleanup 
                            actions.
Sec. 317. Protection of sunken state craft and the remains of their 
                            crews.
                 Subtitle C--Workplace and Depot Issues

Sec. 321. Exclusion of certain expenditures from percentage limitation 
                            on contracting for performance of depot-
                            level maintenance and repair workloads.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. New title for the Vice-Chief of the National Guard Bureau.
                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
                            reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status 
                            technicians.
Sec. 415. Special rule for computing the high-36 month average for 
                            Reserve component members.
                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Transition of active-duty list officer force to all regular 
                            status.
Sec. 502. Strength in grade: commissioned officers in grades below 
                            brigadier general or rear admiral (lower 
                            half) in an active status.
Sec. 503. Joint duty credit required for promotion to flag or general 
                            officer.
Sec. 504. Revised promotion policy objectives for joint officers.
Sec. 505. Modify length of joint duty assignments.
Sec. 506. Management of joint specialty officers.
Sec. 507. Eliminate distribution quotas for general and flag officers 
                            serving in the grades of O-7 and O-8.
Sec. 508. Eliminate mandatory retirement of active duty general and 
                            flag officers after 30 years of service.
Sec. 509. Length of terms for the Assistants to the Chairman of the 
                            Joint Chiefs of Staff for National Guard 
                            and -Reserve Matters.
Sec. 510. Length of service for the senior leaders of the military 
                            departments.
Sec. 511. Extending age limits for active duty general and flag 
                            officers.
Sec. 512. Lateral reassignment of certain generals and admirals.
Sec. 513. Length of service for the Chairman and Vice Chairman of the 
                            Joint chiefs of staff.
Sec. 514. Promotion policy objectives for joint officers.
                Subtitle B--Reserve Component Management

Sec. 521. Revised concept of inactive duty and repeal of funeral honors 
                            duty.
Sec. 522. Authorized strengths of Navy and Marine Corps reserve flag 
                            and general officers.
Sec. 523. Mandatory retention on active duty to qualify for retirement 
                            pay.
Sec. 524. Amendment to the purpose of the reserve components.
Sec. 525. Accounting and management of National Guard and reserve 
                            personnel performing active or full-time 
                            duty.
Sec. 526. Waive requirement that reserve chiefs and National Guard 
                            directors must have significant joint duty 
                            experience.
Sec. 527. Extending age limits for reserve and National Guard general 
                            and flag officers.
Sec. 528. Expanded use of reserve component members to perform 
                            developmental testing and new equipment 
                            training.
            Subtitle C--ROTC and Military Service Academies

Sec. 531. Institutions of higher education that prevent ROTC access or 
                            military recruiting on campus; equal 
                            treatment with other employers.
Sec. 532. Board of Visitors; United States Air Force Academy; United 
                            States Military Academy; United States 
                            Naval Academy.
Sec. 533. Dean of the Faculty; Dean of Academic Board.
Sec. 534. Repeal of requirement that military academy superintendents 
                            retire after assignment.
       Subtitle D--Other Military Education and Training Matters

Sec. 541. Education loan repayments for health professions officers of 
                            the reserve components.
Sec. 542. Conferral of degrees to graduates of the Community College of 
                            the Air Force.
Sec. 543. Three year educational leave of absence.
Sec. 544. Length of phase II joint professional military education.
Sec. 545. Changing the titles of the heads of the Naval Postgraduate 
                            School.
Sec. 546. New mission statement and expanded eligibility for enlisted 
                            personnel at the Naval Postgraduate School.
Sec. 547. Change in Department of Defense schools enrollment for 
                            children of locally-hired employees working 
                            overseas.
                   Subtitle E--Administrative Matters

Sec. 551. Annual report to Congress concerning joint officer 
                            management.
Sec. 552. Revised definitions applicable to joint duty.
Sec. 553. Federal write-in ballots for absent military voters located 
                            in the United States.
                  Subtitle F--Military Justice Matters

Sec. 561. Waive time lost when a member is acquitted, released without 
                            trial, or has his conviction set-aside or 
                            reversed on appeal.
Sec. 562. Change in Uniform Code of Military Justice relating to blood 
                            alcohol concentration.
                          Subtitle G--Benefits

Sec. 571. Immediate lump sum reimbursement for unusual nonrecurring 
                            expenses outside the continental United 
                            States.
Sec. 572. Repeal of requirement to pay subsistence charges while 
                            hospitalized.
                       Subtitle H--Other Matters

Sec. 581. Release of taxpayer addresses to help locate individuals with 
                            military service obligations.
Sec. 582. Alternate initial military service obligation for persons 
                            with specialized skills.
Sec. 583. Basic training requirement for certain members with 
                            specialized skills.
Sec. 584. Eliminate mandatory terms of office for certain general and 
                            flag staff officers.
Sec. 585. Prohibit court-ordered payments before retirement based on 
                            imputation of retired pay.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Termination of assignment incentive pay for members on 
                            terminal leave.
Sec. 602. More flexible retirement rules for military officers.
Sec. 603. More flexible computation of retired pay for officers and 
                            senior enlisted members.
Sec. 604. Eliminate retired pay limit applicable to general and flag 
                            officers.
Sec. 605. Grant basic allowance for housing waivers for 12 months or 
                            less on permanent change of station 
                            assignments that are principally for 
                            education or training.
           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pays for 
                            reserve forces.
Sec. 612. Bonus for officers to serve in the Selected Reserve in a 
                            critical skill or manpower shortage.
Sec. 613. Critical skills retention bonus; eligibility of members 
                            serving on indefinite reenlistment.
Sec. 614. Foreign language proficiency pay.
Sec. 615. Repayment of unearned portions of bonuses, special pays, and 
                            educational benefits.
            Subtitle C--Travel and Transportation Allowances

Sec. 621. Lodging costs incurred in connection with student dependent 
                            travel.
Sec. 622. Expanded travel and transportation allowances for family 
                            members to attend burial ceremonies.
                       Subtitle D--Other Matters

Sec. 631. Protection against double taxation for service members absent 
                            from their residence or domicile solely by 
                            reason of compliance with military orders.
Sec. 632. Accumulation of annual leave by intelligence senior level 
                            employees.
                   TITLE VII--HEALTH CARE PROVISIONS

Sec. 701. Exemption of nonappropriated fund health benefits program 
                            from non-federal laws, taxes, and mandates.
  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

             Subtitle A--Acquisition Policy and Management

Sec. 801. Defense acquisition workforce changes.
Sec. 802. Delegation to the Defense Contract Management Agency to make 
                            determinations concerning restructuring 
                            costs.
Sec. 803. Disposal of excess and obsolete materials contained in the 
                            national defense stockpile.
Sec. 804. Privatization of military utilities located on non-federal 
                            land.
Sec. 805. Elimination of delays in assignment of real property to 
                            federal sponsoring agencies for public 
                            benefit conveyances.
Sec. 806. Treatment of certain former military installation lands as 
                            HUBZones.
Sec. 807. Repeal of redundant limitations on the procurement of totally 
                            enclosed lifeboats.
Sec. 808. Amendments to Small Business Competitiveness Demonstration 
                            Program Act of 1988; streamlining data 
                            collection.
Sec. 809. Demonstration programs using design-build contracts.
Sec. 810. Two-year extension of laboratory revitalization demonstration 
                            program.
Subtitle B--Amendments to General Contracting Authorities, Procedures, 

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