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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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