HR 4200 EH

108th CONGRESS

2d Session

H. R. 4200


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.

SECTION 1. SHORT TITLE.

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

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Subtitle B--Program Matters

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

Subtitle A--Authorization of Appropriations

Subtitle B--Program Requirements, Restrictions, and Limitations

Subtitle C--Missile Defense

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Subtitle B--Environmental Provisions

Subtitle C--Workplace and Depot Issues

Subtitle D--Information Technology

Subtitle E--Readiness Reporting Requirements

Subtitle F--Other Matters

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Subtitle B--Reserve Forces

Subtitle C--Authorizations of Appropriations

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--General and Flag Officer Matters

Subtitle B--Other Officer Personnel Policy Matters

Subtitle C--Reserve Component Matters

Subtitle D--Joint Officer Management

Subtitle E--Professional Military Education

Subtitle F--Other Education and Training Matters

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

Subtitle H--Military Justice Matters

Subtitle I--Administrative and Management Matters

Subtitle J--Other Matters

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Subtitle B--Bonuses and Special and Incentive Pays

Subtitle C--Travel and Transportation Allowances

Subtitle D--Retired Pay and Survivor Benefits

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

Subtitle F--Other Matters

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Enhanced Benefits for Reserves

Subtitle B--Other Benefits Improvements

Subtitle C--Planning, Programming, and Management

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

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

Subtitle B--United States Defense Industrial Base Provisions

Subtitle C--Other Acquisition Matters

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Subtitle B--Naval Vessels and Shipyards

Subtitle C--Sunken Military Craft

Subtitle D--Counter-Drug Activities

Subtitle E--Reports

Subtitle F--Security Matters

Subtitle G--Transportation-Related Matters

Subtitle H--Other Matters

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

TITLE XII--MATTERS RELATING TO OTHER NATIONS

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

Subtitle B--Other Matters

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

TITLE XIV--EXPORT CONTROL AND COUNTERPROLIFERATION MATTERS

Subtitle A--Export Controls

Subtitle B--Counterproliferation Matters

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

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

Subtitle A--Authorization of Appropriations

Subtitle B--Personnel Provisions

Subtitle C--Financial Management Matters

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

TITLE XXI--ARMY

TITLE XXII--NAVY

TITLE XXIII--AIR FORCE

TITLE XXIV--DEFENSE AGENCIES

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

TITLE XXVIII--GENERAL PROVISIONS

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

Subtitle B--Real Property and Facilities Administration

Subtitle C--Base Closure and Realignment

Subtitle D--Land Conveyances

Part I--Army Conveyances

Part II--Navy Conveyances

Part III--Air Force Conveyances

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

Subtitle B--Program Authorizations, Restrictions, and Limitations

Subtitle C--Other Matters

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

TITLE XXXIV--NAVAL PETROLEUM RESERVES

TITLE XXXV--MARITIME ADMINISTRATION

TITLE XXXVI--SMALL BUSINESS ADMINISTRATION

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

SEC. 102. NAVY AND MARINE CORPS.

SEC. 103. AIR FORCE.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Subtitle B--Program Matters

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

SEC. 112. DDG-51 MODERNIZATION PROGRAM.

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

SEC. 114. FORCE PROTECTION FOR ASYMMETRIC THREAT ENVIRONMENT.

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

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

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

SEC. 118. ADDITIONAL AMOUNT FOR PATRIOT MISSILE PROCUREMENT.

SEC. 119. TRANSFER OF CERTAIN ARMY PROCUREMENT FUNDS.

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

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

SEC. 203. PROGRAM INCREASES.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.

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

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

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

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

SEC. 215. SPACE BASED RADAR.

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

Subtitle C--Ballistic Missile Defense

SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SECTION 301. OPERATION AND MAINTENANCE FUNDING.

SEC. 302. WORKING CAPITAL FUNDS.

SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

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

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

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

Subtitle B--Environmental Provisions

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

Subtitle C--Workplace and Depot Issues

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

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

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

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

SEC. 324. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM.

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

SEC. 326. COMPETITIVE SOURCING REPORTING REQUIREMENT.

Subtitle D--Information Technology

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

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

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

`Sec. 186. Defense business system management Committee

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

Subtitle E--Readiness Reporting Requirements

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

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

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

Subtitle F--Other Matters

SEC. 351. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

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

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

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

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

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

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.

Subtitle C--Authorizations of Appropriations

SEC. 421. MILITARY PERSONNEL.

SEC. 422. ARMED FORCES RETIREMENT HOME.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--General and Flag Officer Matters

SEC. 501. LENGTH OF SERVICE FOR SERVICE CHIEFS.

SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS AND ASSISTANT CHIEFS OF NAVAL OPERATIONS BE SELECTED FROM OFFICERS IN THE LINE OF THE NAVY.

SEC. 503. INCREASE IN AGE LIMIT FOR DEFERRAL OF MANDATORY RETIREMENT FOR UP TO 10 SENIOR GENERAL AND FLAG OFFICERS.

SEC. 504. INCREASED FLEXIBILITY FOR VOLUNTARY RETIREMENT FOR MILITARY OFFICERS.

SEC. 505. REPEAL OF REQUIREMENT THAT NO MORE THAN 50 PERCENT OF ACTIVE DUTY GENERAL AND FLAG OFFICERS BE IN GRADES ABOVE BRIGADIER GENERAL AND REAR ADMIRAL (LOWER HALF).

`Sec. 525. Distribution in grade: general and flag officers on active duty'.

SEC. 506. REVISION TO TERMS FOR ASSISTANTS TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF FOR NATIONAL GUARD AND RESERVE MATTERS.

`Sec. 156. Assistants to the Chairman for National Guard matters and for Reserve matters';

SEC. 507. SUCCESSION FOR POSITION OF CHIEF, NATIONAL GUARD BUREAU.

`Sec. 10502. Chief of the National Guard Bureau: appointment; adviser on National Guard matters; grade; succession'.

SEC. 508. TITLE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU CHANGED TO DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU.

`Sec. 10505. Director of the Joint Staff of the National Guard Bureau'.

SEC. 509. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE REQUIREMENT THAT RESERVE CHIEFS AND NATIONAL GUARD DIRECTORS HAVE SIGNIFICANT JOINT DUTY EXPERIENCE.

SEC. 510. REPEAL OF DISTRIBUTION REQUIREMENTS FOR NAVAL RESERVE FLAG OFFICERS.

Subtitle B--Other Officer Personnel Policy Matters

SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO ALL REGULAR STATUS.